031 of 2000 - amending chapter 2.75 administrative enforcement program o 00-1
0 00- 31
SALT LAKE CITY ORDINANCE
No. 31 of 2000
(Administrative Enforcement Program)
AN ORDINANCE AMENDING CHAPTER 2 . 75, SALT LAKE CITY CODE,
RELATING TO ADMINISTRATIVE ENFORCEMENT; AMENDING SECTION
8 . 04 . 390, RELATING TO ANIMALS RUNNING AT LARGE; AMENDING SECTION
8 . 04 , 400, RELATING TO Dogs On Chains On Unenclosed Premises;
AMENDING SECTION 8 . 04 . 510, RELATING TO ANIMAL SERVICES ISSUANCE
OF CITATIONS AND NOTICES OF VIOLATIONS; AMENDING SECTION
8 . 04 . 520, RELATING TO ANIMAL SERVICES APPEAL PROCEDURES ON
NOTICES OF VIOLATIONS; REPEALING SECTION 12 . 20 . 010, RELATING TO
FALSE INFORMATION; AMENDING SECTION 12 . 24 . 010, RELATING TO DRIVER
LICENSING AND NO-FAULT INSURANCE REQUIREMENTS; ENACTING SECTION
12 . 24 . 011 RELATING TO OPERATING A VEHICLE WITHOUT EVER HAVING
RECEIVED AN OPERATOR' S LICENSE; ENACTING SECTION 12 . 24 . 012,
RELATING TO VIOLATION OF RESTRICTED LICENSE; ENACTING SECTION
12 . 24 . 013 RELATING TO PROHIBITED USES OF LICENSE CERTIFICATE;
ENACTING SECTION 12 . 24 . 014 , RELATING TO VIOLATION OF CLASS OF
LICENSE; ENACTING SECTION 12 . 24 . 016, RELATING TO VEHICLE OWNER
DRIVING WITHOUT PROPER INSURANCE; ENACTING SECTION 12 . 24 . 018,
RELATING TO DRIVING WITHOUT PROPER INSURANCE; ENACTING SECTION
12 . 24 . 115, RELATING TO CIVIL VIOLATION FOR DRIVING A MOTOR
VEHICLE WHILE DRIVING PRIVILEGES ARE DENIED, SUSPENDED,
DISQUALIFIED OR REVOKED; ENACTING SECTION 12 . 24 . 120, RELATING TO
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A CLASS B MISDEMEANOR FOR DRIVING A MOTOR VEHICLE WHILE DRIVING
PRIVILEGES ARE DENIED, SUSPENDED, DISQUALIFIED OR REVOKED;
AMENDING SECTION 12 . 28 . 020 RELATING TO REQUIREMENTS OF VEHICLE
REGISTRATION AND LICENSE PLATES; AMENDING SECTION 12 . 28 . 080,
RELATING TO CHILD PASSENGERS SAFETY REQUIREMENTS; AMENDING
SECTION 12 . 28 . 100, RELATING TO MUFFLERS AND EXHAUST SYSTEMS;
AMENDING SECTION 12 . 28 . 150, RELATING TO SPECIAL PERMITS FOR
RESTRICTED VEHICLES; AMENDING SECTION 12 . 44 . 220, RELATING TO
APPROACHING EMERGENCY VEHICLES; REPEALING SECTION 12 . 52 . 190,
RELATING TO PROHIBITIONS AGAINST INCREASING MUFFLER NOISE;
AMENDING SECTION 12 . 52 . 100 RELATING TO VEHICLE LOAN OR RENTAL
REQUIREMENTS; AMENDING SECTION 12 . 56 . 550, RELATING TO PENALTIES
FOR UNAUTHORIZED USE OF STREETS, PARKING LOTS AND OTHER AREAS;
AMENDING SECTION 12 . 88 . 040 RELATING TO ENFORCEMENT AND EVALUATION
OF VEHICLE NOISE LIMITS; AMENDING CHAPTER 12 . 89 RELATING TO OTHER
NOISE PROHIBITIONS .
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1 . That Chapter 2 . 75, Salt Lake City Code,
pertaining to administrative enforcement be, and the same hereby
is, amended to read as follows :
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Chapter 2 . 75
ADMINISTRATIVE TRAFFIC ENFORCEMENT PROGRAM
2 . 75. 010 Definitions :
Whenever the following terms are used in this Chapter, they
shall have the meanings set forth herein:
A. "Administrative citation" means a civil finding by a
law enforcement officer that a violation of of this Code, as
provided in Section 2 . 75 . 060 or 2 . 75 . 070 of this Chapter, has
occurred.
B. "Administrative enforcement program" means a
noncriminal enforcement of traffic laws and such other
enforcement programs as may be designated by City ordinances.
C. "Administrative Law Judge" or "ALJ" means a person
selected to be the final decision maker of noncriminal traffic
matters and such other administrative adjudications as may be
designated by City ordinances .
D. "Assessments" includes, but is not limited to, late
charges, administrative fees, attorneys fees, court costs, and
traffic school fees
D. "Civil penalty" shall mean the fine, forfeitures or
assessment imposed by the ALJ in the administrative enforcement
program.
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E. "Hearing Officer" means an individual designated as a
hearing officer, violation coordinator, or such other person who
has authority to make decisions regarding administrative
citations that have been issued by a law enforcement officer, and
before the matter is referred to the ALJ.
2 . 75. 020 Administrative Law Judge:
A. Duties : The ALJ may: 1) establish policies and
procedures for handling appeals consistent with the purposes and
intent of this Chapter; 2) formulate and maintain a schedule of
penalties, surcharges and assessments; 3) issue administrative
subpoenas in accordance with Chapter 59 of this Title; 4 ) give to
the City Director of Management Services any and all information
necessary for disciplinary action should any staff violate City
policies or the ALJ policies and procedures; serve as a business
license hearing examiner as provided by Section 5 . 02 . 230, in
addition to other hearing examiners appointed by the mayor.
B. Policies And Procedures : The ALJ has authority to
establish written policies and procedures consistent with the
purposes and intent of this Chapter.
C. Term: The ALJ shall serve for six (6) years or until
such time as the position is eliminated from the City staffing
document, whichever may occur first . The ALJ may be reappointed
to a subsequent term, without engaging in the entire selection
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process described above, upon nomination by the Mayor and consent
by the City Council .
D. Removal : The ALJ shall be subject to removal during the
term of office for cause, including, but not limited to,
malfeasance, misfeasance or nonfeasance.
E. Number: The number of ALJs shall be at least one, but
may be as many as the caseload may require and as funded by the
City Council .
F. Presiding ALJ: In the event there is more than one ALJ,
the presiding ALJ shall be selected by vote of ALJs, but no ALJ
may serve more than one consecutive term as presiding ALJ. The
term for the presiding ALJ shall be two (2) years .
2 .75 .030 Administrative Law Judge Selection Process :
A. Nominating Commission: A nominating commission of five
(5) residents of Salt Lake City shall be selected by the Mayor to
nominate a qualified person to serve as ALJ. The nominating
commission members shall be selected so that there is no more
than one member selected from any one City Council district . No
more than three (3) members shall be members of the same
political party. At least one but no more than three (3) members
of the commission shall be members of the Utah State Bar.
B. Panel Of Nominees : The commission shall select a panel
of five (5) qualified persons whose names are to be submitted to
the Mayor. The Mayor shall select one person from the panel and
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shall forward the name of the selected person to the City Council
for their advice and consent . Should the City Council refuse
consent, the Mayor may choose another person from the panel or
may request the commission to select a new panel of nominees .
C. Qualifications : The Administrative Law Judge shall be :
1) admitted to practice law in the State; 2) a member in good
standing of the Utah State Bar; 3) at least twenty five (25)
years of age; and 4 ) a Utah resident for three (3) consecutive
years immediately preceding selection.
2 . 75 . 040 Pro Tempore Administrative Law Judge:
The Mayor shall have power, any time after adoption of this
Chapter, to appoint an ALJ to act pro tempore under the following
circumstances : a) until such time as a vacant ALJ position is
filled permanently in accordance with this Chapter; or b) to fill
any temporary vacancy of more than thirty (30) days .
2 .75 . 050 Hearing Office: .-
A. Duties : Consistent with the policies and procedures
promulgated by the ALJ, the hearing officer may receive civil
penalties, surcharges, and assessments owed; certify to the State
that violations did occur so that points may be assessed to the
violator pursuant to Utah Code Annotated section 53-3-221; reduce
civil penalties owed; dismiss citations upon payment of fees and
attendance at traffic school; enter into agreements for the
timely or periodic payment of penalties, surcharges and
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assessments; and perform such other duties as deemed necessary or
desirable by the ALJ to carry out the purposes of this Chapter in
accordance with justice and equity.
B. Accountability: The hearing officer shall serve as the
staff for the ALJ but shall be supervised as an employee under
the direction of the City Director of Management Services or
his/her designee .
C. Regardless of provisions in this Section 2 . 75 . 050 to the
contrary, violations of the following City Code Sections shall
require a mandatory appearance before the ALJ for disposition,
and shall not be disposed of by a hearing officer:
1 . 12 . 36 . 040
2 . 12 . 48 . 070
3 . 12 . 48 . 080
4 . 12 . 48 . 100
2 . 75 . 060 Civil Traffic Violations :
A. When an officer determines that a violation of Title 12
of this Code has occurred, the officer shall issue an
administrative citation as provided in this Chapter, except as
provided in subsection B below .
B. An officer shall not issue an administrative citation
for any of the following violations of this Code, which shall
continue to be prosecuted in a criminal proceeding:
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1 . Sections 12 . 16. 010 through 12 . 16. 120 (a moving violation
that would be a Class B misdemeanor in a criminal proceeding) ;
2 . Section 12 . 24 . 100 (driving under the influence of drugs
or alcohol) ;
3 . Section 12 . 24 . 070 (alcoholic beverages in vehicles) ;
4 . Section 12 . 24 . 080 (intoxicated person in or about
vehicles) ;
5 . Section 12 . 24 . 120 (Class B misdemeanor - driving on
denied, suspended or revoked license) ;
6. Section 12 . 52 . 350 (reckless driving) ;
7 . When any violation of Title 12 of this Code occurs in
conjunction with any of the violations listed above or in
conjunction with any other criminal violation of the City Code or
of state or federal law.
2 . 75 . 070 Other Violations : The following sections of the City
code shall be administered as a part of the administrative
enforcement program:
A. Parking. The provisions of Chapter 12 . 56
B. Animal Control . Civil notices of violation under
Section 8 . 04 . 510 (B) ;
C. False alarms . Service fees imposed by Section
5 . 08 . 095;
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D. Ground transportation. Civil notices of ground
transportation violations referred to in Chapter 5 . 71;
and
E. Snow removal . Civil notices of violation under Section
14 . 20 . 110 .
2 . 75 . 080 Appeals Of Administrative Citations:
A. The ALJ shall hear and decide all appeals of
administrative citations, unless specifically excepted in this
chapter.
B. Any person having received an administrative citation
shall within twenty (20) days either pay the civil penalty,
surcharge and assessment as contained in the fee schedule, or
file a written request for a hearing before the ALJ.
C. Unless a mandatory appearance before the ALJ is
required by Subsection 2 . 75 . 050 C, or its successor, any person
receiving an administrative citation who requests a hearing may
choose to discuss the matter with a hearing officer for informal
resolution prior to the hearing before the ALJ.
D. If the matter is resolved by the hearing officer, the
hearing request shall be dismissed.
E. Hearings before the ALJ may be informal, but shall be
conducted in a manner to provide adequate due process to all
parties, including, but not limited to, the following: 1) the
right to appear in person or be represented by counsel; 2 ) the
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right to subpoena witnesses at the expense of the requesting
party in accordance with Chapter 2 . 59 of this Title; 3) Utah
Rules of Evidence and Utah Rules of Civil Procedure may be used
as guidelines in the conduct of hearings, but need not be
strictly followed or applied; 4) persons or their attorneys have
the right to cross-examine witnesses; 5) all proceedings before
the ALJ shall be recorded by audio recording which, together with
any documents in the file, shall constitute the official record
of the proceedings; and 6) the ALJ shall make written findings of
fact and conclusions of law as part of the decision.
F. In a hearing before the ALJ the City bears the burden
to prove the existence of a violation by a preponderance of the
evidence.
G. If the ALJ finds that the burden of proof has not been
met, the ALJ shall dismiss the administrative citation.
H . If the ALJ finds that a violation did occur, the ALJ
may enter such a finding, assess or reduce the penalties,
surcharges and assessments as justice requires; certify the
violation to the State so that points may be assessed to the
violator; enter into an agreement for the timely or periodic
payment of the penalties, surcharges and assessments; require
attendance at traffic school; or take any other action consistent
with this Chapter.
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I . If the penalties, surcharges and assessments imposed
pursuant to this Chapter remain unsatisfied after twenty (20)
days from the issuance of the administrative citation and no
written request for a hearing has been filed, or thirty (30) days
have passed from the date of payment ordered by the ALJ, the City
may use such lawful means as are available to collect such
penalties, surcharges, and assessments, including late charges,
administrative and court costs, and attorney fees . Any additional
penalties are stayed upon filing the request for hearing.
J. Failure to pay the penalties, surcharges and assessments
imposed pursuant to this Chapter or to appeal the administrative
citation within the prescribed time limits or failure to appear
at the scheduled hearing before the ALJ shall constitute a
failure to exhaust the administrative appeals process referred to
in Section 2 . 75 . 110 .
2 . 75 . 090 Schedule Of Penalties, Surcharges And Assessments :
A. The ALJ shall formulate and maintain for public review
a civil penalty, surcharge, traffic school fee, and assessment
schedule. The schedule shall list standard penalty amounts for
those violations to be heard by the ALJ or hearing officer as
provided by this Chapter In the event there is no timely request
for an ALJ hearing and there is no payment of the applicable
penalty within 20 days of the issuance of the citation, such
shall constitute a default . Insofar as is practical the ALJ shall
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follow rule 4-302 of the "Rules of Judicial Administration" in
establishing the penalty schedule. Unless the ALJ establishes a
different penalty schedule as authorized by this Section
2 . 75 . 090, the civil penalty shall be consistent with the uniform
bail schedule adopted by the Judicial Council .
B. The cumulative total of all civil penalties, surcharges
and assessments for each citation shall not exceed those
prescribed for Class B misdemeanors as set forth in Utah Code
Annotated sections 76-3-301 and 76-3-303, as amended.
C. Revenues obtained from administrative citations in
excess of budgeted amounts shall be segregated from other funds .
Such funds will not be spent until appropriated by the City
Council .
2 . 75 . 100 Surcharge Fees :
With regard to traffic violations under Title 12 (other than
parking violations) :
A. If the final administrative determination is for a
violation reportable to the state, the ALJ shall assess a
building fee surcharge equal to the State fee provided in Utah
Code Annotated section 21-1-5 (2) (d) (ii) . The City shall remit the
building fee surcharge to the State for use as specified in Utah
Code Annotated section 21-1-5 (3) until such time as the bonding
indebtedness for the Matheson Courthouse is retired.
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B. The ALJ shall also assess a traffic mitigation
surcharge as provided in Utah Code Annotated section 63-63b-101 .
The City shall retain the traffic mitigation surcharge and report
its use as specified in Utah Code Annotated section 63-63b-102 .
C . The ALJ shall also assess the State surcharge as
provided in Utah Code Annotated section 63-63a-1 . The City shall
pay all of said surcharge to the State . If the State does not
accept, or rebates such funds, the funds shall be retained by the
City.
D. The ALJ shall also assess a City surcharge of $13 . 00 .
2 . 75 . 110 Appeals From ALJ Decisions :
Upon exhausting the administrative appeals process of
Section 2 . 75 . 080, any party adversely affected by an
administrative proceeding may petition the district court for
review of the final administrative determination pursuant to
�,.�"'Section 10-3-703 . 7, U .C.A. 1953, as amended, or its successor.
(a) "Final administrative determination" means an ALJ
determination pursuant to City Code Section 2 . 75 . 080H,
or its successor.
(b) The City shall transmit to the reviewing district court
the record of its proceedings, including its findings,
orders, and a true and correct transcript of the ALJ
proceedings . The appellant shall bear the cost of
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providing the record and transcript according to the
civil penalty, surcharge and assessment schedule.
This Section shall apply retroactively to appeals from
an ALJ determination to the district court arising on
or after March 16, 2000, the effective date of Section
10-3-703 . 7, U. C.A. 1953, as amended.
SECTION 2 . That Section 8 . 04 . 390, Salt Lake City Code,
relating to animals running at large be, and the same hereby is,
amended to read as follows :
8 . 04 . 390 Animals Running At Large:
A. With the exception set forth in subsection B of this
Section, it is unlawful for the owner or person having charge,
care, custody or control of any animal to allow such animal at
any time to run at large. The owner or person charged with
responsibility for an animal found running at large shall be
strictly liable for a violation of this Section, regardless of
the precautions taken to prevent the escape of the animal and
regardless of whether or not such owner or person knows that the
animal is running at large. Any person violating any provision of
this Section shall be deemed guilty of a civil violation and
shall be penalized as provided in Appendix A of this chapter and
City Code Chapter 2 . 75, or its successor.
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B. Dogs shall be permitted to run off-leash only in areas
of parks and public spaces specifically authorized by City
ordinance, specifically designated by the Director of Public
Services as "off-leash areas", and clearly identified by signage
as such. Said areas shall be as follows : 1) designated areas of
Memory Grove Park known as the Freedom Trail Section, 2) the
Municipal Ball Park, also known as Herman Franks Park, except for
the fenced youth baseball diamonds and playground area, 3)
designated areas of Jordan Park, and 4) designated areas of
Lindsey Gardens . While in such areas dogs shall at all times
remain under control of the dog' s owner or custodian. "Under
control" means that a dog will respond on command to its owner or
custodian. The foregoing notwithstanding, the Public Services
Department may conduct additional experiments in other areas of
the City for possible future legislative enactment establishing
such areas as "off-leash areas", provided such experiments are
conducted in accordance with the guidelines approved by the City
Council in its Resolution 101 of 1999 .
SECTION 3 . That Section 8 . 04 . 400, Salt Lake City Code,
relating to dogs on chains on unenclosed premises be, and the
same hereby is, amended to read as follows :
8 .04 . 400 Dogs On Chains On Unenclosed Premises :
It is unlawful for any person to chain, stake out or tether
any dog on any unenclosed premises in such a manner that the
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animal may go beyond the property line, unless such person has
permission of the owner or lessee of the affected property. Any
person violating any provision of this Section shall be deemed
guilty of a civil violation and shall be penalized as provided in
Appendix A of this chapter and City Code Chapter 2 . 75, or its
successor.
SECTION 4 . That Section 8 . 04 . 510, Salt Lake City Code,
relating to animal services issuance of citations and notices of
violation be, and the same hereby is, amended to read as follows :
8 . 04 .510 Issuance Of Citations-Notice Of Violations :
A. A peace officer and/or animal services officer is
authorized to issue a citation to any person upon a charge of
violating any provisions of this Title. The form of the citation,
and proceedings to be handled upon the basis of the citation,
shall conform to the provisions of the Utah Code of Criminal
Procedure, including, but not necessarily limited to, sections
77-7-18 through 77-7-22, Utah Code Annotated, 1953, as amended,
or their successors .
B. Where violations of the following requirements of this
Ordinance are committed, an animal services officer or authorized
agent shall issue a notice of violation to any person in lieu of
a citation; violations regarding: 1) inspections and reports, 2)
licensing, 3) rabies vaccinations, 4 ) harboring stray animals, 5)
animals running at large, 6) animal nuisances, 7 ) more than two
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(2) animals at a residence, 8) animal trespass, 9) staking dogs
improperly, 10) confining female dogs in heat, 11) animal care
and maintenance, 12) animals in vehicles, 13) giving animals as
sales premiums, 14 ) the sale/premium of baby rabbits and fowl, or
15) the sale of pet turtles . The notice of violation shall state,
with reference to the pertinent sections of this Title, the
violation which must be remedied by the person charged and shall
set forth a compliance date by which the violator must comply
with the remedial requirements . The notice of violation shall
also include the amount of an administrative and processing fee
to be paid by the person charged in the notice of violation. The
fee shall be the same as that set forth in Appendix A of this
Chapter for minimum citation penalties . This fee amount may be
waived for first offenses, provided the pet owner satisfactorily
completes a class on responsible pet ownership which is approved
by the Office of Animal Services . Refusal and/or nonpayment of
the administrative and processing fee, or failure to comply with
the remedial requirements referred to in the notice of violation
by the deadline set as the compliance date, may result in the
issuance of a citation to the person charged.
SECTION 5 . That Section 8 . 04 . 520, Salt Lake City Code,
relating to animal services appeal procedures on notices of
violation be, and the same hereby is, amended to read as follows :
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8 . 04 . 520 Notice Of Violations-Appeal Procedures :
A. Notices of violations shall be adjudicated by hearing
officers and/or administrative law judges in accordance with City
Code Chapter 2 . 75 .
B. Any person having received a notice of violation, as
provided in this Chapter, may appear before a hearing officer
and/or the Administrative Law Judge and present and contest such
alleged violation.
C. The burden to prove any defense shall be upon the
person raising such defense .
D. If the hearing officer finds that no violation as set
forth in the notice of violation has occurred or that such a
violation has occurred but one or more of the defenses set forth
in this Section is applicable, the hearing officer may dismiss
the notice of violation and release the recipient of the notice
from liability thereunder or the hearing officer may reduce the
penalty associated therewith. Such defenses are :
1 . At the time of the receipt of the notice, the person
receiving the notice was not the owner or the person responsible
for the animal and his/her actions did not contribute to the
issuance of the notice of violation.
2 . Compliance with the subject ordinances would have
presented an imminent and irreparable injury to persons or
property.
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3 . Such other mitigating circumstances as may be
approved by the City Law Department.
E. If the hearing officer or the Administrative Law Judge
finds that violation has occurred and no applicable defense
exists, the hearing officer or Administrative Law Judge may, in
the interest of justice and on behalf of the City, enter into an
agreement for the timely or periodic payment of the applicable
penalty.
F. If the penalty imposed pursuant to this Chapter remains
unsatisfied after twenty (20) days from the receipt of notice,
or ten (10) days from such date as may have been agreed to by the
hearing officer or Administrative Law Judge, the City may impose
assessments in accordance with Section 2 . 75 . 090 of the City Code,
or its successor . The City may use such lawful means as are
available to collect such penalty, including late charges,
administrative costs and attorney fees .
SECTION 6 . That Section 12 . 12 . 020, Salt Lake City Code,
elating to police and fire department officials - authority be,
and the same hereby is, amended to read as follows :
12 . 12 . 020 Police And Fire Department Officials-Authority:
No person shall fail or refuse to comply with any lawful order or
direction of an officer of the Police or Fire Department, in
their capacity as such officer. Failure to comply with the
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vehicle or pedestrian duties set forth at City Code Section
12 . 44 . 220 shall constitute a violation of this Section.
SECTION 7 . That Section 12 . 20 . 010, Salt Lake City Code,
relating to false information be, and the same hereby is,
repealed.
SECTION 8 . That Section 12 . 24 . 010, Salt Lake City Code,
relating to driver licensing and no-fault insurance requirements
be, and the same hereby is, amended to read as follows :
12 .24 . 010 Driver licensingrequirements .
It is unlawful for any person, having been issued a valid,
operator ' s license issued by the state of Utah 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 .
SECTION 9. That Section 12 . 24 . 011, Salt Lake City Code,
relating to operating a vehicle without ever having received an
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operator's license be, and the same hereby is, enacted to read as
follows:
12.24.011 Operating a motor vehicle having never received an
operator's or a commercial driver license.
A. It is unlawful for any person, having never been issued a
valid operator's license issued by the state of Utah 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 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.
SECTION 10. That Section 12.24.012, Salt Lake City Code,
relating to violation of restricted license be, and the same
hereby is, enacted to read as follows:
12.24.012 Violation of restricted license.
A. It is unlawful for any person to drive a motor vehicle
upon the streets of the city in any manner in violation of the
restrictions imposed 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.
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B. It is unlawful 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 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
SECTION 11 . That Section 12 . 24 . 013, Salt Lake City Code,
relating to prohibited uses of license certificate be, and the
same hereby is, enacted to read as follows :
12 .24 .013 . Prohibited uses of license certificate.
( 1) It is unlawful for a person to :
(a) display, cause or permit to be displayed, or to
have in possession any license certificate knowing it is
fictitious or altered;
(b) lend or knowingly permit the use of a license
certificate issued to him, by a person not entitled to it;
(c) display or to represent as his own a license
certificate not issued to him;
(d) refuse to surrender to a peace officer upon demand
any license certificate issued by the state or issued by another
state or country;
(e) permit any other prohibited use of a license
certificate issued to him; or
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(f) display a canceled, denied, revoked, suspended, or
disqualified driver license certificate as a valid driver license
certificate .
(2) The provisions of Subsection (1) (f) do not prohibit the
use of a person ' s driver license certificate as a means of
personal identification.
SECTION 12 . That Section 12 . 24 . 014, Salt Lake City Code,
relating to violation of class of license be, and the same hereby
is, enacted to read as follows :
12 .24 . 014 Violation of class of license.
It is unlawful for any person to drive a class of motor
vehicle for which such person is not licensed as required under
Section 53-3-213, U. C.A. 1953 as amended, or its successor.
SECTION 13 . That Section 12 . 24 . 016, Salt Lake City Code,
relating to vehicle owner driving without proper insurance be,
and the same hereby is, enacted to read as follows :
12 .24 . 016 Vehicle owner driving without insurance.
A. It is unlawful for any owner of a motor vehicle with
respect to which a security is required under Utah no-fault
insurance laws, to drive such motor vehicle or permit such motor
vehicle to be driven upon streets or highways within the
corporate limits of the city, without security being in effect,
as required by the Utah Automobile No-Fault Insurance Act, or its
successor.
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B. The foregoing notwithstanding, no person cited for a
violation of this Section shall be adjudged guilty of a violation
hereof, if such person produces reasonable evidence before an
administrative hearing officer or an administrative law judge
that such security was in effect at the time such person was
issued a citation for failure to have such evidence in his or her
possession. Evidence of such security being in effect may be in
the form of an identification card approved by the Utah
Department of Public Safety for issuance by an insurer to its
insured with respect to the motor vehicle .
C. An increased penalty may be imposed for a second and
subsequent offenses within three years of a previous conviction
or forfeiture of penalty.
SECTION 14 . That Section 12 . 24 . 018, Salt Lake City Code,
relating to driving without proper insurance be, and the same
hereby is, enacted to read as follows :
12 .24 . 018 Driving without insurance.
A. It is unlawful for any person to operate a motor vehicle
which is subject to the requirements of insurance contained in
the Utah Automobile No-Fault Insurance Act, Section 31-41-1, et
seq. , or its successor, anywhere within the corporate limits of
the city, knowing that the owner of the motor vehicle does not
have security in effect as required by the Utah No-Fault
Insurance Act .
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B. The foregoing notwithstanding, no person cited for a
violation of this Section shall be adjudged guilty of a violation
hereof if such person produces reasonable evidence before an
administrative hearing officer or an administrative law judge
that said security was in effect at the time such person was
issued a citation for failure to have such evidence in his or her
possession. Evidence of such security being in effect may be in
the form of an identification card approved by the Utah
Department of Public Safety for issuance by an insurer to its
insured with respect to the motor vehicle.
C. An increased penalty may be imposed for a second and
subsequent offenses within three years of a previous conviction
or forfeiture of penalty.
SECTION 15 . That Section 12 . 24 . 115, Salt Lake City Code,
relating to a civil violation for driving a motor vehicle while
driving privileges are denied, suspended, disqualified or revoked
be, and the same hereby is, enacted to read as follows :
12 .24 . 115 Civil violation - Driving a motor vehicle prohibited
while driving privilege denied, suspended, disqualified, or
revoked.
Except as provided in City Code Section 12 . 24 . 120, or its
successor, any person whose driving privilege has been denied,
suspended, disqualified, or revoked under the laws of the state
of Utah or under the laws of the state in which the person ' s
25
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 a civil
violation.
SECTION 16 . That Section 12 . 24 . 120, Salt Lake City Code,
relating to a Class B misdemeanor for driving a motor vehicle
while driving privileges are denied, suspended, disqualified or
revoked be, and the same hereby is, enacted to read as follows :
12 .24 . 120 Class B misdemeanor - Driving a motor vehicle
prohibited while driving privilege denied, suspended,
disqualified, or revoked - Penalty.
(1) (a) A person is guilty of a class B misdemeanor who is
convicted of driving any motor vehicle within the City while that
driving privilege is denied, suspended, disqualified, or revoked
under the laws of the state of Utah or under the laws of the
state in which the person' s driving privilege was granted, and
which denial, suspension, disqualification, or revocation was
for:
(i) a refusal to submit to a chemical test under
Section 41-6-44 . 10 U. C.A. 1953 as amended, or its successor;
(ii) a violation of Section 41-6-44 U. C.A. 1953 asp'
amended, or its successor;
(iii) a violation of City Code Section 12 . 24 . 100 or its
successor;
26
(iv) a violation of Section 41-6-44 . 6 U .C.A. 1953 as
amended, or its successor;
(v) a violation of Section 76-5-207 U. C.A. 1953 as
amended, or its successor;
(vi) a criminal action that the person plead guilty to
as a result of a plea bargain after having been originally
charged with violating one or more of the sections or ordinances
under this Section;
(vii) a revocation or suspension which has been
extended under Subsection 53-3-220 (2) U. C.A. 1953 as amended, or
its successor; or
(viii) where disqualification is the result of driving
a commercial motor vehicle while the person' s CDL is
disqualified, suspended, canceled, or revoked under Subsection
53-3-414 (1) U .C .A. 1953 as amended, or its successor.
(b) A person is guilty of a class B misdemeanor whose
conviction under Subsection (1) is based upon the person driving
a motor vehicle while the person' s driving privilege is
suspended, disqualified, or revoked in any state for violations
corresponding to the violations listed in Subsection (1) .
(c) A fine imposed under this Section shall be at least the
maximum fine for a class C misdemeanor under Section 76-3-301
U. C.A. 1953 as amended, or its successor .
27
SECTION 17 . That Section 12 . 28 . 020, Salt Lake City Code,
relating to vehicle registration and license plates required be,
and the same hereby is, amended to read as follows :
12 .28 . 020 Vehicle registration and license plates required.
A. Every vehicle, at all times while being driven, stopped
or parked upon the streets or alleys of this city, shall :
1 . Be registered in the name of the owner thereof in
accordance with the laws of the state, unless such vehicle is not
required by the laws of Utah to be registered in this state;
2 . Display in proper position two valid, unexpired
registration plates, one on the front and one on the rear of such
vehicle; and
3 . When required, current validation or indicia of
registration attached to the rear plate and in a manner complying
with the laws of the state, and free from defacement, mutilation,
grease and other obscuring matters so as to be plainly visible
and legible at all times .
B. However, if such vehicle is not required to be
registered in this state, and the indicia of registration issued
by another state, territory, possession or district of the United
States, or of a foreign country, substantially complies with the
provisions hereof, such registration shall be considered
compliance with this code.
28
C. Every commercial vehicle, as defined by Section 53-3-
102, Utah Code Annotated, at all times while being driven,
stopped or parked upon the streets or alleys of this city, shall
meet the requirements of this Section 12.28.020
SECTION 18. That Section 12.28.080, Salt Lake City Code,
relating to child passengers safety requirements be, and the same
hereby is, amended to read as follows:
12.28.080 Child passengers safety requirements.
A. * * *
B. * * *
C. * * *
D. Violations.
1. A driver convicted of a violation of this section is
guilty of a civil violation, and shall be penalized not more than
the maximum allowed by state law.
2. * * *
E. * * *
SECTION 19. That Section 12.28.100, Salt Lake City Code,
relating to mufflers and exhaust systems be, and the same hereby
is, amended to read as follows:
12.28.100 Mufflers and exhaust systems.
Every motor vehicle shall at all times be equipped with a
muffler in good working order and in constant operation.
29
Notwithstanding the foregoing, no person shall modify the exhaust
system of a motor vehicle in a manner which will amplify or
increase or change the character of the noise emitted by the
motor of such vehicle above that emitted by the muffler
originally installed on the vehicle . No person shall sell,
furnish, provide or purchase, nor shall any person attach to any
vehicle any device which will or is intended to increase or
change the character of the sound of the original muffling
equipment on any motor vehicle. No person shall operate a motor
vehicle with an exhaust system so modified.
SECTION 20 . That Section 12 . 28 . 150, Salt Lake City Code,
relating to special permits for restricted vehicles be, and the
same hereby is, amended to read as follows :
12 .28 . 150 Restricted vehicles-Special permits .
Special permits of duration of more than one month may be issued
by the mayor, or his or her designee, upon application in writing
and good cause being shown therefor, or temporary permits for a
duration of less than one month may be issued by the chief of
police upon application and good cause being shown therefor,
authorizing the applicant to operate or move any vehicle as
defined in subsection A of Section 12 . 28 . 140, or its successor,
upon any street at any time upon such conditions as may be set
forth in the permit .
30
SECTION 21 . That Section 12 . 44 . 220, Salt Lake City Code,
relating to approaching emergency vehicles be, and the same
hereby is, amended to read as follows :
12 . 44 .220 Approaching emergency vehicle-Vehicle and pedestrian
duties .
Upon the immediate approach of an authorized emergency
vehicle equipped with at least one lighted lamp exhibiting red
light visible under normal atmospheric conditions from a distance
of five hundred feet to the front of such vehicle, or when the
driver thereof is giving a signal audible for five hundred feet
by siren, exhaust whistle or bell :
A. The driver of every other vehicle shall yield the
right-of-way and shall immediately drive to a position parallel
and as close as possible to the right-hand edge or curb of the
roadway, clear of any intersection, and shall stop and remain in
such position until the authorized emergency vehicle has passed,
or until otherwise directed by a police officer; and
B. Every pedestrian shall yield the right-of-way and shall
immediately leave the roadway and remain out of the roadway until
the authorized emergency vehicle has passed or until when
otherwise directed by a police officer.
31
SECTION 22 . That Section 12 . 52 . 190, Salt Lake City Code,
relating to prohibitions against increasing muffler noise be, and
the same hereby is, repealed.
SECTION 23 . That Section 12 . 52 . 100, Salt Lake City Code,
relating to vehicle loan or rental requirements be, and the same
hereby is, amended to read as follows :
12 .52 .200 Prohibition against allowing unlicensed person to
drive - Vehicle loan or rental requirements .
A. No registered owner, and no person in possession of any
vehicle shall permit another person to drive the same without
first ascertaining the name and address of such other person and
that such person is legally licensed to operate such vehicle.
B. Every person renting, leasing or hiring a motor vehicle
to another person shall keep a record of the vehicle license
number of the motor vehicle so rented, the name and address of
the person, the number of the person' s operator ' s license, and
the date and place when and where such vehicle operator ' s license
was issued. Such record shall be open to inspection by any peace
officer.
C. The information and records required by this section
shall be furnished to any peace officer for police purposes on
demand.
32
SECTION 24 . That Section 12 . 88 . 040, Salt Lake City Code,
relating to enforcement and evaluation of vehicle noise limits
be, and the same hereby is, amended to read as follows :
12 . 88 . 040 Enforcement and evaluation of testing.
A. The Salt Lake City Police Department shall enforce the
provisions of this chapter. Said department may be equipped with
the appropriate equipment for measuring sound levels, as provided
in Section 12 . 88 . 030, or its successor, for purposes of enforcing
this chapter, or may employ appropriate equipment provided by
other agencies .
B. Where a motor vehicle is deemed to be in violation of
this chapter, the owner may transport it to a central testing
location for further evaluation. If such vehicle is reevaluated
and found not to be in violation of the decibel standards
outlined above, no further proceedings shall be instituted and
any citation issued shall be dismissed.
SECTION 25 . That Chapter 12 . 89, Salt Lake City Code,
relating to other noise prohibitions be, and the same hereby is,
amended to read as follows :
Chapter 12 . 89
OTHER NOISE PROHIBITIONS
33
12 . 89. 010 Radios, television sets , tape players , compact disc
players, musical instruments and similar devices .
A. It is unlawful for any person to use, operate or permit
the use or operation of any radio receiving set, musical
instrument, television, phonograph, drum, or other machine or
device for the production or reproduction of sound:
1 . Between the hours of nine p.m. and seven a.m. in a way
that is plainly audible at their property boundary or perimeter
of the source; or
2 . On public property or on a public right-of-way at any
time so as to be plainly audible fifty feet (15 . 25 meters) from
the device. Permits to exceed the limits of this section may be
issued for special events on public property by the chief of
police or the director of the Salt Lake City-County health
department upon approval from the agency operating the public
property.
12 .89. 030 Enforcement and evaluation of testing.
Any violation of this chapter shall constitute disturbing
the peace. The police departmentshall enforce the provisions of
this chapter. SECTION 26. That Section 12 . 56. 550, Salt Lake City
Code, relating to penalties for unauthorized use of streets,
34
parking lots and other areas be, and the same hereby is, amended
to read as follows :
12 . 56. 550 Unauthorized Use Of Streets, Parking Lots And Other
Areas-Penalties :
A. 1 . Any person engaging in the unauthorized use of
streets, parking lots or other areas as provided under this
Chapter, within the City, shall be liable for a civil penalty.
Any penalty assessed in subsection B of this Section may be in
addition to such other penalties as may be provided in this
Title.
2 . "Unauthorized use of streets" means a violation of
any restriction or prohibition contained in this Chapter or its
successor.
B. Civil penalties shall be imposed as follows :
Section Penalty
12 . 56 . 030 $ 110 . 00
12 . 56. 040 110/00
12 . 56 . 050 107 . 00
12 . 56. 080 110 . 00
12 . 56. 100 107 . 00
12 . 56. 110 107 . 00
12 . 56 . 120 190 . 00
12 . 56 . 130 190 . 00
12 . 56 . 150 100 . 00
35
12 . 56. 180 107 . 00
12 . 56 . 190 100 . 00
12 . 56 . 210 107 . 00
12 . 56. 235 107 . 00
12 . 56 . 240 110 . 00
12 . 56 . 250 107 . 00
12 . 56 . 290 107 . 00
12 . 56 . 300 107 . 00
12 . 56 . 302 100 . 00
12 . 56 . 303 100 . 00
12 . 56 . 304 100 . 00
12 . 56 . 310 110 . 00
12 . 56 . 330 110 . 00
12 . 56 . 350 107 . 00
12 . 56 . 360 110 . 00
12 . 56 . 380 110 . 00
12 . 56. 390 107 . 00
12 . 56. 400 107 . 00
12 . 56 . 410 107 . 00
12 . 56 . 420 110 . 00
12 . 56 . 430 107 . 00
12 . 56 . 440 107 . 00
(with the exception of 12 . 56 . 440A4
and 12 . 56 . 440A18)
36
12 . 56 . 440A4 115 . 00
12 . 56 . 440A18 190 . 00
12 . 56. 450 100 . 00
12 . 56. 460 110 . 00
12 . 56. 465 145 . 00
12 . 56. 470 110 . 00
12 . 56. 480 110 . 00
12 . 56. 490 110 . 00
12 . 56 . 500 110 . 00
12 . 56. 510 110 . 00
12 . 56. 515 107 . 00
12 . 56. 520 107 . 00
12 . 56 . 525 107 . 00
C. The civil penalties specified in subsection B of this
Section shall be subject to the following:
1 . Any penalty that is paid within ten (10) days from the date of
receipt of notice shall be reduced by the sum of ninety dollars
($90 . 00) .
2 . Any penalty that is paid within twenty (20) days from the date
of receipt of notice shall be reduced by the sum of sixty dollars
($60 . 00) .
3 . Any penalty that is paid within thirty (30) days from the date
of receipt of notice shall be reduced by the sum of thirty
dollars ($30 . 00) .
37
D. As used in this Section, "receipt of notice" means the
affixing of a notice to the vehicle alleged to have been employed
in such unauthorized use, or by delivery of such notice to the
owner or driver thereof.
E. Other fees and assessments:
A thirty dollar ($30.00) administrative fee shall be
assessed for the City's costs of collecting past due debts.
SECTION 22. This ordinance shall take effect immediately
upon the date of its first publication.
Passed by the City Council of Salt Lake City, Utah this
It day of � 2 0 0 0.
, `IRPERS-
ATTEST: ; tip'"*i1% NPPiovLonsrc FORM
Salt Lake City Attorneys Office
p U: Date 5-3/Au
/ .. vr.. ';r By'
4111,
HIES iEPUTY IT ‘ --CORDER
Transmitted to Mayor on 6-15-00
Mayor's Action: /r Approved. Vetoed.
MAYOR
HIEF EPUTY IT .ECORDER
38
(SEAL)
Bill No. 31 of 2000.
Published: 6-22-00
ATTEST:
G:\Ordina00\Amending Chapter 2.75 re Administrative Enforcement
Program - May 31 2000 clean.doc
39