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HomeMy WebLinkAbout18 of 1978 - Amending section 32-1-17 prohibiting sitting in or upon a vehicle or conveyance for the purpose of e ROLL CALL fr./VOTING rsimi Salt Lake City,Utah, January 31 ,1978 Mr.Chairman. ®■ �— Agraz raz�. • I move that the e • ,' ante be passed._— 7/Gr"►a' . Phillips �. Result .■ AN O RDINANCE ry\ AN ORDINANCE AMENDING Section 32-1-17 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to loitering. Be it ordained by the Board of Commissioners of Salt Lake City, Utah: SECTION 1. That Section 32-1-17 of the Revised Ordinances of Salt Lake City, Utah, 1965, loitering, be, and the same hereby is amended to read as follows: Sec. 32-1-17. Loitering. It shall be unlawful for any person to loiter in Salt Lake City. A person is guilty of loitering when he: (1) Loiters, remains, wanders or lingers idly about in a public place, either by walking, sitting, or by sitting in or upon a vehicle or conveyance for the purpose of begging; or (2) Loiters, remains or lingers idly in a public place for the purpose of gambling with cards, dice or other gambling paraphernalia; or (3) Loiters, remains, wanders, or lingers idly in a public place, either by walking, sitting, or standing, or by sitting in or upon a vehicle or conveyance for the purpose of engaging in or soliciting another person to engage in sexual intercourse or sexual behavior of a obscene, lewd or deviate nature; or (4) Loiters, remains, wanders, or lingers idly in or about a school, either by walking, sitting, standing, or by sitting in or upon a vehicle or conveyance, not having any reason or relationship invovling custody of or responsibility for a pupil or student or any other specific, legitimate reason for being there, and not having written permission from anyone authorized to grant the same; or (5) Loiters, remains, wanders or lingers idly in or about a building, lot, street, sidewalk or any other public or private place, either by walking, sitting, standing, or by sitting in or upon a vehicle or conveyance, without apparent reason and under circumstances which justify suspicion that he may be engaged in or about to engage in a crime, and: (a) upon inquiry by a peace officer, refuses to identify himself by name and address; or l/ 11y (b) after having given his name and address by inquiry of a peace officer refuses or fails to give a reasonably credible account of his conduct and purpose; or irlQ 18 -2- (6) Loiters, stands, remains or lingers idly in or about a railroad depot, bus station or any other public transportation facility, or banking institution, brokerage office, hotel, store, tavern, auction room, car, pool hall, card rooms, or any public place, and is unable to give a satisfactory account of himself; or (7) Loiters, stands, remains or lingers idly in a train depot, bus station or other public transportation facility, unless specifically authorized to do so, for the purpose of soliciting or engaging in any business, trade or commercial transaction involving the sale of merchandise or services, or for the purpose of entertaining persons by singing, dancing or playing any musical instrument; or (8) Loiters, stands, remains or lingers idly in a train depot, bus station or other public transportation facility, or is found sleeping therein, and is unable to give a satisfactory explanation of his presence; or (9) Loiters, remains or lingers idly in any place either by walking, sitting, standing, or by sitting in or upon a vehicle or conveyance with one or more persons for the purpose of unlawfully using or possessing a narcotic or dangerous drug; or (10) Loiters, remains, prowls or lingers idly either by walking, sitting, standing, or by sitting in or upon a vehicle or conveyance in any place, at a time, or in a manner not usual for lawabiding individuals under circum- stances that warrant alarm for the safety of persons or property in the vicinity. Among the circumstances which may be considered in determining whether such alarm is warranted is the fact that the actor takes flight upon appearance of a peace officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the actor or other circumstances make it impracticable, a peace officer shall prior to any arrest for an offense under this subsection (10) afford the actor an opportunity to dispel any alarm which would otherwise be warranted, by requesting him to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this subsection (10) if the peace officer did not comply with the preceding sentence, or if it appears at trial that the explanation given by the actor was true and, if believed by the peace officer at the time, would have dispelled the alarm. SECTION 2. This ordinance shall take effect 30 days after its first publication. Passed by the Board of Commissioners of Salt Lake City, Utah, this 31st day of January , lg MAYOR /%(��/i F ': �'/ / : it ,( CITY RECORDER / (SEAL) BILL NO, 18 of 1978 Published February 4, 1978 18 nnM-.35/, Affidavit of Publication STATE OF UTAH, s s. County of Salt Lake AN ORDINANCE Shana D. Palmer •AN ORDINANCE AMENDING Sec hen 32,1-17 of the Revised dlnancas of Salt lake City,Utah,1965,relating to loiterieo. Be it ordained by fire Board of Cpnmissloners et Salt Lake Cite.Utah: SECTION 1.That Sectionitering of the Revised Ordihaece5 of Salt Lake Cite,Utah,1965,loitering,be,and the same hereby Is am deEtpreedaSPoing.I Being first duly sworn,deposes and says that he is legal `mac.n-t-La a City.A It shalt ba unlawful for any Person to loiter it)Loiters,LekeCemai s,wanders an ers or lingers idly when about I. advertising clerk of the DESERET NEWS, a daily Public slae, r by wauinp,s Math,or°�tti idly about In a vemcle or coeveyence for the purpose of laegpng;or (except Sunday) newspaper printed in the English (2)dopers,remains or l slaty in public Pface for the language with general circulation in Utah, and purpose ur `hernalte;mbling with cards, dic0 Other gambling °ra°(W gig, a a,na,wawe,,or,;g„a,d,y,n„lib„ published in Salt Lake City, Salt Lake County, in the place, vehireorconve,,si sitting, thePorsisa,'or by in or State of Utah. sooeaI bei another person bscene,lewd er'dee sexual intercourse y or scheoi(,'e�telr`by walking,Wanders, tanan°eror b'v in orIn or That the legal notice of which a copy is attached hereto upon a vehicle or son or relationship Involving custody of or nreespona responsibility fora PUPA or and not having written specific,legitimate issionmfrownreason anyone auttnvrritndd there, Pub notice to amend an ordinance relating to building,Leiters, ot,treat,sidewalk orra or other Idly In or private Place,either by walking,sitting,standing,o be sitting In or upon a vehicle or without apparent aye and under loitering instances conveyance, sespidM that he maybe engaged in . or about to engage Ina crime,and: (e)evenaine nd add by a peace officer,refuses to identify himself by name and having give;or of a peacee'officerfter hrefusess or falls to give a reasond nably creedingible account of his conduct and purpose;Or ' t a railroad)depot,L bus'station or any P or ublic c s transport in or ation facility,or banking Institution,brokerage office,hotel,store, auctiontavern,Mace,ands unable to give sat factory account of himseltB;orc bus stationfters,sother public tran or lioorttas Idly ation Inciter,n unless depot, pacifically authorised to do so,for the purpose of solicitng or engaging In any y business,trade or commercial transaction ovowing the sale of merchandlte or mrvl�s,or for the purport Feb. 4, 1978 f entertaining persons by singing,dancing or playing a v was published in said newspaper on musical instrument;or idly bus station Ph oat other roblic ftrensporta�nralllit,fortis found sleeping thatein.and Is unable M give a setsfadory nopianatlen M his presence:or (9)Loiters,remains o lingers Idly In any place either by 1 walking,sitting,standing,o by sitting In or upon a vehicle of %\ 1 conveyance with one or more persons for the purpose of 1AA 7\ ``>' �l_�.. _ ��/ _ - unlawfullyusingorpossessing a narcotic or dangerous drug;or ' .5.,,,�, - -- Y-- (it)Loiters, motes,prowls or lingers anv either by J h� walking,sifting,aplace, standing,o by sitting In or apart a ehicle or Legal Advertising Clerk tanveyatice In any place,at a Hone,or Ina manner not usual for w-abiding Individuals under circumstances that warrant alaml for the tanccees wh Oi ich may be cue,lderedSOn6 or Property In In determining ing whetherrong the such alarm Is warranted is the feat that the actor takes Hight Mena appearance OYepace Iccer,refusesmself to identify hioblec self,Unl or fore me this 8th day of ss flight by the actor or other clrcumsfances make it impracticable, a mace officer shall prior fo any arrest kW an offense under this harm`which'would ootd thher'ndwisactor bewarranted,e by r'equestino dispel to A.D. 19 78 shall'be convicteof an offen nse undeler this and (10)If the e officer did not comely with Hie preceding sentence,or If ft appears at trial that the explanation given by the actor was true and,If behaved by the place officer at the time,would have spelled the alarm SECTIONS This ordinance shall takeottect 33daysafta,115 first publication. b Passed by the Beard of Commissioners of SUIT Lahe City, Utah this 31sl day of January.1970. NotaryPublic TED L.WMotor Mayor City Recorder Mt LDRED NIGHAM (SEAL) BILL NO.It of lent Published February d,1978 (D-39) My Commission Expires Feb. 13, 1978 j ;l