077 of 2012 - Updating City Criminal Code provisions 0 12-1
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SALT LAKE CITY ORDINANCE
No. 77 of 2012
(Updating City Criminal Code provisions.)
An Ordinance updating the criminal law provisions in the Salt Lake City Code.
WHEREAS, Salt Lake City (the "City") is authorized by state law to adopt ordinances
prohibiting conduct as criminal, provided that such ordinances do not conflict with state law; and
WHEREAS, adoption of such ordinances enables the City to focus enforcement on the
specific needs of the City and its inhabitants; and
WHEREAS, adoption of such ordinances may unnecessarily complicate City enforcement
efforts when a parallel provision exists in the Utah Criminal Code; and
WHEREAS, different state and city criminal code provisions may be confusing to the
public; and
WHEREAS, the City Council has reviewed the recommendations of the Administration to
repeal provisions of the City's "criminal code"that are no longer necessary and to amend other
provisions to more effectively achieve the City's enforcement objectives.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. The following sections of Title 11 (Public Peace, Morals and Welfare) of the
Salt Lake City Code are repealed: 11.04.010; 11.04.050; 11.04.060; 11.04.070; 11.04.080;
11.04.090; 11.04.140; 11.08.010; 11.08.040; 11.08.050; 11.08.060; 11.12.010; 11.12.030;
11.12.050; 11.12.060; 11.16.020; 11.16.030; 11.16.040; 11.16.050; 11.16.060; 11.16.070;
11.16.090; 11.16.110; 11.16.120; 11.20.010; 11.20.020; 11.20.030; 11.20.040; 11.20.050;
11.20.060; 11.24.010; 11.24.020; 11.24.030; 11.24.040; 11.24.050; 11.28.010; 11.28.020;
11.28.030; 11.28.040; 11.28.050; 11.28.060; 11.28.070; 11.28.080; 11.28.090; 11.28.100;
11.28.110; 11.28.120; 11.28.130; 11.28.140; 11.28.150; 11.28.160; 11.28.170; 11.28.180;
11.32.010; 11.32.020; 11.32.030; 11.36.010; 11.36.020; 11.36.030; 11.36.040; 11.36.050;
11.36.060; 11.36.070; 11.36.080; 11.36.090; 11.36.100; 11.36.120; 11.40.020; 11.040.030;
11.40.040; 11.40.050; 11.40.060; 11.40.070; 11.44.010; 11.44.020; 11.44.030; 11.44.040;
11.44.050; 11.44.060; 11.44.080; 11.48.040; 11.48.050; 11.48.090; 11.50.010; 11.50.020;
11.50.130; 11.50.030; 11.50.040; 11.50.050; 11.50.060; 11.50.070; 11.50.080; 11.50.090;
11.50.100; 11.50.110; 11.50.120; 11.50.140; 11.50.150; 11.50.160; 11.50.170; 11.50.180;
11.50.190; 11.60.010; 11.60.030; 11.60.040; 11.60.050; 11.60.060 and 14.28.060.
SECTION 2. The following sections of Title 11 (Public Peace, Morals and Welfare) of the
Salt Lake City Code are amended as follows:
11.04.030: INTERFERING WITH OFFICER IN DISCHARGE OF DUTY PROHIBITED:
Every person shall be guilty of a misdemeanor who:
A. Attempts by means of any threat, force or violence to deter, interfere with or prevent a
police officer, city fire fighter, or any other city employee charged with the enforcement
of any city ordinance, from performing any official duty imposed upon such officer, fire
fighter or other employee by law; or
B. Wilfully resists, physically delays or physically obstructs a police officer, city firefighter,
or any other city employee charged with the enforcement of any city ordinance, or fails to
comply with a lawful command of a police officer, city fire fighter, or any other city
employee charged with the enforcement of any city ordinance, in the discharge or attempt
to discharge any official duty of such officer, fire fighter, or city employee; or
C. Knowingly resists by the use of force or violence any police officer, city fire fighter, or
any other city employee charged with the enforcement of any city ordinance, while
performing an official duty.
11.08.030: TELEPHONE HARASSMENT:
A. A person is guilty of telephone harassment if, with intent to annoy or alarm another, he/she
telephones another and knowingly makes any false statement concerning injury, death,
disfigurement, indecent conduct or criminal conduct of the person telephoned or any
member of his/her family, or uses obscene, profane or threatening language with intent to
terrify, intimidate, harass or annoy. The making of a false statement as herein set out
shall be prima facie evidence of intent to terrify, intimidate, harass or annoy.
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B. Telephone harassment is a class B misdemeanor.
11.12.080: CAMPING ON PUBLIC GROUNDS, STREETS, PARKS AND PLAYGROUNDS:
A. It is unlawful for any person to camp, lodge, cook, make a fire or pitch a tent, fly, lean to,
tarpaulin, or any other type of camping equipment on any "public grounds", as defined in
subsection B of this section, upon any portion of a street, as defined in Section 1.04.010, or in
any park or playground, unless allowed by 15.08.080. It is unlawful for any person using or
benefiting from the use of any of the foregoing items of camping equipment to fail to remove
the same for more than five (5) minutes after being requested to do so by any police officer.
B. For the purpose of this section, the term "public grounds" means any real property owned in
whole or in part by the United States of America and its agencies, or the state of Utah or any
of its political subdivisions, including Salt Lake City Corporation, upon which no camping
has been authorized by the owner.
11.16.010: DEFINITIONS:
As used in this chapter, unless the context requires otherwise:
BLINDER RACK: An opaque cover that covers the lower 2/3 of a material so that the lower 2/3 of
the material is concealed from view.
CONTEMPORARY COMMUNITY STANDARDS: Those current standards in the vicinage where
an offense alleged under this chapter has occurred, is occurring, or will occur.
DISTRIBUTE: To transfer possession of or permit to be viewed, heard or examined, with or without
consideration.
EXHIBIT: To show.
HARMFUL TO MINORS:
A. That quality of any description or representation, in whatsoever form, of nudity, sexual
conduct, sexual excitement, or sadomasochistic abuse when it:
1. taken as a whole, appeals to the prurient interest in sex of minors;
2. is patently offensive to prevailing standards in the adult community as a whole with
respect to what is suitable material for minors; and
3. taken as a whole, does not have serious value for minors.
B. Serious value includes only serious literary, artistic, political or scientific value for minors.
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KNOWINGLY:
A. Regarding material or performance, means an awareness, whether actual or constructive, of
the character of the material or performance.
B. As used in this chapter, a person has constructive knowledge if a reasonable inspection or
observation under the circumstances would have disclosed the nature of the subject matter
and if a failure to inspect or observe is either for the purpose of avoiding the disclosure or is
criminally negligent as described in Utah Code Section 76-2-103.
MATERIAL: Anything printed or written or any picture, drawing, photograph, motion picture, or
pictorial representation, or any statue or other figure, or any recording or transcription, or any
mechanical, chemical, or electrical reproduction, or anything which is or may be used as a means of
communication. Material includes undeveloped photographs, molds, printing plates, and other latent
representational objects.
MINOR: Any person less than eighteen (18) years of age.
NEGLIGENTLY: Simple negligence is the failure to exercise that degree of care that a reasonable
and prudent person would exercise under like or similar circumstances.
NUDITY:
A. the showing of the human male or female genitals, pubic area, or buttocks, with less than an
opaque covering; or
B. the showing of a female breast with less than an opaque covering, or any portion of the
female breast below the top of the areola; or
C. the depiction of covered male genitals in a discernibly turgid state.
PERFORMANCE: Any physical human bodily activity, whether engaged in alone or with other
persons, including singing, speaking, dancing, acting, simulating, or pantomiming.
PUBLIC PLACE: Includes a place to which admission is gained by payment of a membership or
admission fee, however designated, notwithstanding its being designated a private club or by words
of like import.
SADOMASOCHISTIC ABUSE:
A. flagellation or torture by or upon a person who is nude or clad in undergarments, a mask, or
in a revealing or bizarre costume; or
B. the condition of being fettered, bound or otherwise physically restrained on the part of a
person clothed as described in subsection (a) above.
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SEXUAL CONDUCT: Acts of masturbation, sexual intercourse, or any touching of a person's
clothed or unclothed genitals, pubic areas, buttocks, or, if the person is female, breast, whether alone
or between members of the same or opposite sex or between humans and animals in an act of
apparent or actual sexual stimulation or gratification.
SEXUAL EXCITEMENT: A condition of human male or female genitals when in a state of sexual
stimulation or arousal, or the sensual experiences of humans engaging in or witnessing sexual
conduct or nudity.
11.36.130: TRESPASS BY PERSONS AND MOTOR VEHICLES:
A. It is unlawful for any person to take down any fence, or to let down any bars, or to open any
gate so as to expose any enclosure, or to ride, drive, walk, lodge, or camp or sleep upon the
premises of another without the permission of the owner or occupant thereof, or to remain
upon such premises after the permission of the owner or occupant thereof has been revoked
by such owner or occupant.
B. It is unlawful for any person to drive or park any motor vehicle, motorcycle or motor driven
cycle upon any city owned property not designated for vehicular traffic or parking without
permission of the mayor of the city or his or her designated appointee.
C. It is unlawful for any person to operate any type of motor vehicle (including, but not limited
to, motorcycles, trail bikes, dune buggies, motorscooters or jeeps) upon the private property
of another, without first obtaining the written permission of the person in lawful possession
of the property or, if the property is unoccupied, the owner of such property.
D. It is unlawful for any person to operate any type of motor vehicle (including, but not limited
to, motorcycles, trail bikes, dune buggies, motorscooters or jeeps) upon any public property,
except designated streets, highways or alleys, without first obtaining the written permission
of the public entity which is in possession of such property or, if the property is unoccupied,
the public entity which owns such property.
E. Every person who operates any type of motor vehicle upon the private property of another or
upon any public property, except as hereinabove provided, at all times while so operating
such motor vehicle shall maintain in his or her possession the written permission required by
the two (2) preceding subsections, except that, if the same document grants permission to two
(2) or more persons, a person named in such document need not have it in his or her
possession while another person named in the same document, riding in the same group and
not more than three hundred feet (300') from such person, has such document in his or her
possession.
F. This section does not prohibit the use of such property by the following:
1. Emergency vehicles;
2. Vehicles of commerce in the course of normal business operations;
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3. Vehicles being operated on property devoted to commercial or industrial purposes where
such operation is in conjunction with commercial or industrial use and permission for
such operation is implied or expressly given by the person in possession of said property;
4. Vehicles operated on property actually used for residential purposes, where such vehicles
are there at the express or implied invitation of the owner or occupant;
5. Vehicles being operated on public or private parking lots, where permission to do so is
implied or expressly given by the person in possession of such lot.
G. Violation of this section shall be punishable as a class B misdemeanor.
H. It is a defense to prosecution under this section that:
1. the property was open to the public when the actor entered or remained; and
2. the actor's conduct did not substantially interfere with the owner's use of the property.
11.48.010: CHILDREN UNDER FOURTEEN; PARENTS' RESPONSIBILITY
CONCERNING WEAPONS:
It is unlawful for any parent, guardian or person having charge or control of any child under the age
of fourteen (14) years to allow or permit such child to have or possess, with the intent to use within
city limits, any air gun, rubber flipper, or bow and arrow, or any other instrument designed to throw
or propel missiles, other than firearms regulated by state law.
11.48.020: CHILDREN UNDER FOURTEEN; WEAPONS SALES PROHIBITED:
It is unlawful for any person, firm or corporation to give, sell or furnish to any minor under the age
of fourteen (14) years any air gun, rubber flipper, bow and arrow, or any other such type instrument
designed to propel or throw missiles, other than firearms or knives regulated by state law.
11.48.030:CERTAIN INSTRUMENTS; USE AND POSSESSION PROHIBITED;
EXCEPTIONS:
It is unlawful for any person to use, or possess with intent to use in any area within the confines of
the city limits, whether public or private, any air gun, rubber flipper, or bow and arrow, or any other
such type instrument designed to propel or throw missiles, other than firearms or knives regulated by
state law, unless upon a place specifically designed exclusively for the use of any such type
instrument.
11.48.070: CONCEALED WEAPONS:
A. It is unlawful for any person, except a peace officer, to carry any slingshot, brass knuckles,
nunchaku stick, or any other instrument or object capable of causing death or serious bodily
injury concealed upon his person, other than firearms or knives regulated by state law.
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B. It is unlawful for any person, except a peace officer, to carry concealed on his person any
dangerous weapon with the intent or the purpose to use the same to harm, maim or injure
another person, animal or thing. For the purpose of this subsection:
1. "Dangerous weapon" means any item that, in the manner of its use or intended use, is
capable of causing death or serious bodily injury, other than firearms or knives regulated
by state law; and
2. In construing whether or not an object or thing not commonly known as a dangerous
weapon is a dangerous weapon, the character of the wound produced, if any, and the
manner in which the instrument, object or thing was used or intended to be used, are
factors which the court shall take into account in deciding the question.
11.48.080: MISSILES AND WEAPONS:
It is unlawful for any person to use, or to carry or possess with the intent to use unlawfully against
the person or property of another within the limits of the city, any rock, bottle, brick, club, piece of
metal, nunchaku stick, flail, or any kind of weapon other than firearms regulated by state law.
11.60.020: FAILURE TO SUPERVISE CHILD:
A person commits the offense of failing to supervise a child if the person:
A. Is the parent, lawful guardian, or other person over the age of eighteen (18) years who is
lawfully charged with the care or custody of a child under the age of eighteen (18); and
B. Fails to provide appropriate and reasonable supervision of the child; or who aids, contributes
or becomes responsible for the neglect, abuse or delinquency of the child.C. Solicits,
requests, commands, encourages or intentionally aids or acts with the child in violation of
any federal, state or local law; or
D. Aids, contributes to, or becomes legally responsible for the neglect, abuse or delinquency of
the child; or
E. Willfully abuses, neglects or abandons the child in any manner likely to cause the child
unnecessary suffering or injury, not arising to serious or substantial injury to his/her health or
morals; or
F. A violation of this provision is a class B misdemeanor.
SECTION 3. The following section of Title 15 (Parks and Recreation) of the Salt Lake City
Code is amended as follows:
15.08.080: CAMPING:
A. No person shall camp, lodge, make a fire or pitch a tent, fly, lean to, tarpaulin or any other
type of camping equipment in any park or playground except:
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1. In cases of local emergency as declared by the mayor of the city.
2. By permit issued to youth groups the majority of whose members' ages are at least eight
(8) years of age, but no more than seventeen (17) years of age, under the following
conditions:
a. The youth are accompanied by adult leaders in the ratio of two (2) adults for every ten
(10) youth at all times while the youth are camping in a city park.
b. The youth group provides adequate police and fire security to ensure the safety of the
campers and garbage removal and cleanup. The sponsor shall submit a plan along
with an application for a special events permit to the city which shall be reviewed and
approved by the public services department director, the fire and police chiefs, or
their designees, who will forward a recommendation to the mayor as to whether or
not the request for camping should be granted. Application for the special events
permit shall be made directly to the special events coordinator who shall forward all
accompanying information to the appropriate departments.
c. The youth group files a bond in the amount of ten thousand dollars ($10,000.00) to
compensate the city for any damage to the park caused by the youth group during
their camping activities.
d. The youth group files a certificate of insurance in the aggregate amount of one million
dollars ($1,000,000.00), which names the city as an additional insured.
e. No camping is allowed in any one park for more than forty eight (48) continuous
hours in any thirty (30) day period.
f. The youth group shall comply with all ordinances and park regulations relating to city
parks.
g. No more than sixty (60) people shall be allowed to camp at one time.
B. The public services department director shall issue rules and regulations for the use of parks
and parking lot areas for camping and parking of vehicles. Said rules shall specify in which
parks camping will be allowed by permit only, wherein the location camping may be allowed
and restrict activities of campers with regard to noise, fires, attaching structures to the
ground, and specifying qualifications for security personnel.
SECTION 4. Effective Date. The repeal and amendments to these ordinances shall become
effective on the date of its first publication.
Passed by the City Council of Salt Lake City, Utah, this 23rd day of October
2012.
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C IRPER
ATTEST AND COUNTERSIGN:
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4_,_. , ,,
C- RECORDER
Transmitted to Mayor on October 23, 2012
Mayor's Action: X Approved. Vetoed.
ric. ic ,
MA. C '
ATTEST AND COUNTERSIGN:
6.,.. ..
0 E CIr
irTh
-,„ APPROVED AS TO FORM
CITY RECORDER �' i. Salt Lake Ci Attorney's Office
(SEAL) � � ,.,;r�
;.�, Date •
c> ,� . By o c9,
Bill No. 77 of 2012. ehi'oRK $�'P- S'.Q ; e;/f'',717
Published: October 30, 2.012 "
!HB_ATTY-lI8936-v4-Ordinance_Updating City_Criminal_Code_provisions.DOC
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