021 of 2003 - Amending Section 2.75.010 pertaining to definitions relating to enforcement of civil violations; & a 0 03-1
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SALT LAKE CITY ORDINANCE
No. 21 of 2003
(Recriminalizing moving traffic violations)
AN ORDINANCE AMENDING SECTION 2.75.010, SALT LAKE CITY CODE,
PERTAINING TO DEFINITIONS RELATING TO ENFORCEMENT OF CIVIL
VIOLATIONS; AND AMENDING CERTAIN SECTIONS OF CHAPTER 12, SALT LAKE
CITY CODE, RELATING TO VEHICLES AND TRAFFIC.
Be it ordained by the City Council of Salt Lake City,Utah:
SECTION 1. That Section 2.75.010,Salt Lake City Code,pertaining to definitions
relating to enforcement of civil violations be, and the same hereby is, amended to read as
follows:
2.75.010 Definitions:
Whenever the following terms are used in this chapter, they shall have the meanings set forth
herein:
A. "Civil citation", also known as a"notice of violation" or "civil notice", means a notice
that a civil violation of this code has occurred, issued by an officer or other person authorized to
issue such notice consistent with Utah Code Annotated section 77-7-18 or other applicable laws
or state statutes or their successors.
B. "Civil violation" means a noncriminal violation of Salt Lake City ordinances designated
as civil violations.
C. "Assessments" means and includes, but is not limited to, late charges, administrative fees,
attorney fees, court costs, and traffic school fees.
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D. "Civil penalty" means the fine, forfeitures, assessments or combination thereof imposed
by the Salt Lake City justice court.
E. "Hearing officer"means an individual designated as a hearing officer, violation
coordinator or referee, or such other person who has authority to make decisions regarding civil
or criminal citations that have been issued by an enforcement officer,before the matter is referred
to a justice court judge.
SECTION 2. That certain sections of Chapter 12, Salt Lake City Code,pertaining to
vehicles and traffic be, and the same hereby are, amended to read as follows:
12.12.015 Traffic Violations:
A. Infractions: Any person guilty of violating any provision of this title shall be deemed
guilty of an infraction, unless such offense is specifically designated as a class B or class C
misdemeanor or a civil violation.
B. Civil Violations: The following violations of this title shall be civil violations:
1. Chapter 12.56, "Stopping, Standing and Parking;"
2. Chapter 12.64, "City Parking Permit Program;"
3. Chapter 12.68, "High School Parking Lots;"
4. Chapter 12.76, "Pedestrians," except for Sections 12.76.045 and 12.76.050; and
5. Chapter 12.92, "Vehicle Weight and Tire Restrictions."
C. Misdemeanors: The following violations of this title shall be class B misdemeanors:
1. Sections 12.16.010 through 12.16.120,;
2. Sections 12.24.016 and 12.24.018, regarding Driving Without Owner's And Operator's
Security.
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3. Section 12.24.070, "Drinking Alcoholic Beverages In Vehicles;"
4. Section 12.24.080, "Intoxicated Persons In Or About Vehicles;"
5. Section 12.24.100, "Driving Under The Influence Of Drugs And Intoxicants
Prohibited-Penalties;"
6. Section 12.24.120, "Class B Misdemeanor- Driving Prohibited While Driving Privilege
Denied, Suspended, Disqualified, Or Revoked-Penalty;"
7. Section 12.52.350, "Reckless Driving-Prohibited;"
8. Subsection 12.52.355B, "Negligent Operation Causing Personal Injury Or Death;"
9. Chapter 12.88, "Vehicle Noise Standards;"
10. Chapter 12.89, "Other Noise Prohibitions;"
11. Chapter 12.96, "Impoundment of Vehicles;"
12.16.060 Collision With Unattended Property:
A. The driver of any vehicle which collides with or is involved in an accident with
any vehicle or other property which results in damage to the other vehicle or property shall
immediately stop, and shall then and there either locate and notify the operator or owner of such
vehicle or other property of such driver's name and address and the registration number of the
vehicle causing such damage, or shall attach securely in a conspicuous place on the vehicle or
other property a written notice giving such driver's name and address and the registration number
of the vehicle causing such damage. If applicable,the driver shall also give notice as provided in
section 12.16.010 of this chapter, or its successor.
B. Any person failing to comply with said requirements under such circumstances is
guilty of a Class B violation.
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12.24.010 Driver Licensing Requirements:
It is unlawful, and shall constitute a Class C misdemeanor, for any person, having been
issued a valid, operator's license issued by the state or by such person's home state or country, if
such operator's license is required of such person under the laws of his or her home state or
country, and which license has not been revoked or suspended, to drive a motor vehicle upon the
streets of the city unless such person has in his or her immediate possession such license and
displays the same upon demand of a police officer of this city; provided, however, that it shall be
a defense to any charge under this subsection that the person so charged produce in court an
operator's license as above required theretofore issued to such person and valid at the time of
such person's arrest.
12.24.011 Operating A Motor Vehicle Without License:
A. It is unlawful, and shall constitute a Class C misdemeanor, for any person, having
never been issued a valid operator's license issued by the state or by such person's home state or
country, if such operator's license is required of such person under the laws of his or her home
state or country, to operate a motor vehicle upon the streets of the city.
B. It is unlawful, and shall constitute a Class C misdemeanor, for any person, having
never been issued a commercial driver license as required by title 53, chapter 3, part 4, Utah
Code Annotated, or its successor, to operate a commercial motor vehicle as defined by section
53-3-102, Utah Code Annotated, or its successor, upon the streets of the city.
12.24.012 Violation Of Restricted License:
A. It is unlawful, and shall constitute a Class C misdemeanor, for any person to drive
a motor vehicle upon the streets of the city in any manner in violation of the restrictions imposed
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in a restricted operator's license or a temporary learner permit granted to such person by the state
or by such person's home state or country.
B. It is unlawful, and shall constitute a Class C misdemeanor, for any person to drive
a commercial motor vehicle as defined by section 53-3-102, Utah Code Annotated, or its
successor, upon the streets of the city in any manner in violation of the restrictions or
endorsements imposed in a restricted commercial driver license or temporary learner permit
granted under title 53, chapter 3,part 4, Utah Code Annotated, or its successor.
12.24.013 Prohibited Uses Of License Certificate:
A. It is unlawful, and shall constitute a Class C misdemeanor, for a person to:
1. Display, cause or permit to be displayed, or to have in possession any license
certificate knowing it is fictitious or altered;
2. Lend or knowingly permit the use of a license certificate issued to him, by a
person not entitled to it;
3. Display or to represent as his own a license certificate not issued to him;
4. Refuse to surrender to a peace officer upon demand any license certificate
issued by the state or issued by another state or country;
5. Permit any other prohibited use of a license certificate issued to him; or
6. Display a canceled, denied, revoked, suspended, or disqualified driver license
certificate as a valid driver license certificate.
B. The provisions of subsection A6 of this section do not prohibit the use of a
person's driver license certificate as a means of personal identification.
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12.24.014 Violation Of Class Of License:
It is unlawful, and shall constitute a Class C misdemeanor, for any person to drive a class
of motor vehicle for which such person is not licensed as required under section 53-3-213,Utah
Code Annotated, 1953, as amended, or its successor.
12.24.070 Drinking Alcoholic Beverages In Vehicles:
A. No person shall drink any alcoholic beverage while driving a motor vehicle or
while a passenger in a motor vehicle,whether the vehicle is moving, stopped, or parked on any
street or highway.
B. No person shall keep, carry,possess, transport, or allow another to keep, carry,
possess or transport in the passenger compartment of a motor vehicle, when the vehicle is on any
public street or highway, any container whatsoever which contains any alcoholic beverage, if the
container has been opened, the seal thereon broken, or the contents of the container partially
consumed.
C. For purposes of this section:
1. "Alcoholic beverages" shall have the meaning provided in section 32A-1-5,
Utah Code Annotated, or its successor; and
2. "Passenger compartment" means the area of the vehicle normally occupied by
the driver and his or her passengers, and includes areas accessible to them while traveling, such
as a utility or glove compartment,but does not include a separate front or rear trunk compartment
or other area of the vehicle not accessible to the driver or passengers while inside the vehicle.
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D. The provisions of subsections A and B of this section shall not apply to
passengers in the living quarters of a motor home or camper,but the driver of the vehicle will be
prohibited from consuming alcoholic beverages as provided in subsection A of this section.
E. The provisions of subsection B of this section shall not apply to passengers
traveling in any duly licensed taxicab or bus.
F. Any person convicted of a violation of this section is guilty of a Class C
misdemeanor.
12.24.115 Nonalcohol And Noncontrolled Substance Related Driving Prohibited While
Driving Privilege Denied, Suspended, Disqualified, Or Revoked:
Except as provided in section 12.24.120 of this chapter, or its successor, any person
whose driving privilege has been denied, suspended, disqualified, or revoked under the laws of
the state or under the laws of the state in which the person's driving privilege was granted and
who drives any motor vehicle within the city while that driving privilege is denied, suspended,
disqualified, or revoked is guilty of an infraction.
12.28.080 Child Passengers Safety Requirements:
A. Definitions: As used in this section, "motor vehicle" means a vehicle defined in
section 12.04.260 of this title, or its successor, except authorized emergency vehicles defined in
chapter 12.04, article II of this title, mopeds, campers, sleepers, motorcycles, motor homes,
school buses, taxicabs, vehicles owned, operated or leased by a public transit district, commercial
vehicles owned or operated by persons holding a certificate of convenience and necessity issued
by the state public service commission, or vehicles which weigh over ten thousand (10,000)
pounds gross weight which are not equipped with seat belts by the manufacturer.
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B. Child Restraint Device Required: A parent or legal guardian driver, who is
transporting his or her child in a motor vehicle on a street or highway within the city shall:
1. Provide for the protection of a child younger than two (2) years of age by using
a child restraining device approved by the commissioner of public safety of the state to restrain
the child in the manner prescribed by the manufacturer;
2. Provide for the protection of a child two (2)years of age or older, who is not yet five
(5)years of age, by using either a child restraining device or a safety belt approved by the
commissioner of public safety of the state to restrain the child in the manner prescribed by the
manufacturer.
C. Exceptions: Subsection B of this section does not apply where all seating
positions which can be equipped with child restraining devices or safety belts are occupied by
other passengers.
D. Violations:
1. A driver convicted of a violation of this section is guilty of an infraction, and
shall be penalized not more than the maximum allowed by state law.
2. The court in which a charge is pending shall dismiss the action against a driver
who, during or before any court appearance on the matter, submits proof of acquisition,rental or
purchase of a child restraint device or safety belt as required by subsection B of this section.
E. Noncompliance Not Evidence Of Standard Of Care Or Duty In Civil Proceedings:
Failure to provide and use a child restraining device or safety belt to restrain a child as required
under this section may not be considered comparative negligence, nor is the failure to provide
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and use the restraining device or safety belt admissible as evidence in the trial of a civil action
with regard to negligence.
12.44.020 Overtaking And Passing Vehicles Proceeding In Same Direction:
The following rules shall govern the overtaking and passing of vehicles proceeding in the
same direction, subject to the following provisions:
A. The driver of a vehicle, overtaking another vehicle proceeding in the same
direction, shall pass to the left at a safe distance and may not again drive to the right side of the
roadway until safely clear of the overtaken vehicle.
B. The driver of an overtaken vehicle shall give way to the right in favor of the
overtaking vehicle and may not increase the speed of his or her vehicle until completely passed
by the overtaking vehicle.
C. On a road having more than one lane in the same direction, the driver of a vehicle
traveling in a left lane shall, upon being overtaken by another vehicle in the same lane, yield to
the overtaking vehicle by moving safely to the right, and may not impede the movement or free
flow of traffic in a left lane except:
1. When overtaking and passing another vehicle proceeding in the same direction
under the rules governing this movement;
2. When preparing to turn left;
3. When reasonably necessary in response to emergency conditions;
4. To avoid actual or potential traffic moving onto the right lane from an
acceleration or merging lane; or
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5. When necessary to follow the highway direction signs that direct use of a lane
other than the right lane.
D. Violation of this section is an infraction.
12.52.355 Negligent Operation Causing Personal Injury Or Death:
A. 1. "Serious bodily injury" means bodily injury that creates or causes serious
permanent disfigurement, protracted loss, or impairment of the function of any bodily member or
organ for longer than six (6)months, or creates a substantial risk of death.
2. "Bodily injury" means injury not amounting to serious bodily injury.
B. The operator of any vehicle who negligently fails to yield the right of way as
required by any section of this title which failure is the direct proximate cause of serious bodily
injury or death to any person, whether such injured or deceased person is a pedestrian or an
occupant of a vehicle, shall be deemed guilty of a class B misdemeanor.
C. The operator of any vehicle who negligently fails to yield the right of way, as required by
any section of this title, which failure is the direct proximate cause of bodily injury to any person,
whether such injured person is a pedestrian or an occupant of a vehicle, shall be deemed guilty of
an infraction.
SECTION 3. This ordinance shall take effect on May 5, 2003.
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Passed by the City Council of Salt Lake City, Utah this 22nd day of—April ,
2003.
CHAIRPERS
A TEST:
(_41.4014/40—'/.//
CHIEF DEPUTY CITY RECORDER
April 23, 2003
Transmitted to Mayor on .
Mayor's Action: r Approved. Vetoed.
M YO
A TEST:
CHIEF DEPUTY CITY RDER
APPROVED AS TO FORM
Salt Lake city Attorney's Mite
Date -at'
(SEAL) By •
Bill No. 21 of 2003.
Published: 5/4/03 .
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