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045 of 1993 - Changing the name of the Parks Department0 93-1 0 93-25 SALT LAKE CITY ORDINANCE No. 45 of 1993 (Changing the name of the Parks Department and Department of Public Works to the Department of Public Services.) AN ORDINANCE AMENDING SECTIONS 2.08.080, 2.22.010, 2.22.100, 2.26.020, 2.26.050, 2.26.110, 2.26.170, 2.26.210, 2.37.010, 2.37.020, 2.37.100, 2.37.110, 2.37.120, 2.38.010, 2.38.110, 2.42.020, 3.28.060, 3.32.060, 3.32.100, 9.08.030, 9.08.130, 9.12.040, 14.12.010, 14.12.040, 14.20.050, 14.32.101, 14.32.183, 15.16.035, 15.24.070, 15.28.010, 18.44.110, 21.30.180, AND 21.91.030 OF THE SALT LAKE CITY CODE, RELATING TO CHANGING THE NAME OF THE PARKS DEPARTMENT AND THE DEPARTMENT OF PUBLIC WORKS TO THE DEPARTMENT OF PUBLIC SERVICES. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 2.08.080 of the Salt Lake City Code, relating to the Parks Department, be, and the same hereby is, amended as follows: 2.08.080 Department of Public Services A. Functions. The department of public services shall have charge of and be responsible for: 1. The general supervision, maintenance, upkeep and control of the city's parks, playgrounds, athletic fields, golf courses, pools and other recreational areas and facilities; 2. The City's cemetery; 3. Recreational activities; 4. Maintenance and upkeep of shade trees and other plantings; 5. The supervision of the design and construction of the public works of the City; 6. The operation and maintenance of streets, parkways, sidewalks, except storm sewers, stormwater and floodwater control, traffic -control devices, street lighting and similar public ways and facilities; 7. Other property or works and the supervision and coordination and all construction work or alterations carried out within the public ways of the city; 8. For the collection and disposal of all solid waste generated within the city as provided for in city ordinances; and 9. Maintenance and repair of all ditches, flumes, culverts or irrigation systems operated within city streets or rights -of - way. B. City Engineer. The position of city engineer shall be assigned to the department of public services under the administrative direction of the director of public services. The city engineer shall be a registered professional engineer of the state and shall be responsible for the review, supervision and acceptance of all engineering and architectural design, and construction work required by or for the city, except as assigned in this code to other departments or offices of the city; the coordination and supervision of all construction work done within the public rights -of -way of the city; and the records of public improvements as prescribed by state statute. The duties may be delegated as deemed prudent and appropriate; such delegation may 2 include the utilities department (for recording and maintaining engineering records relating to the water and sewer systems and its engineering functions) and the department of airports. C. Responsibilities. The department of public services shall have charge and be responsible for all duties and functions of the former departments of parks and public works All references in this code to the departments of parks or public works shall refer to the department of public services. All references in this code to the director of the department of parks or the director of the department of public works shall refer to the director of the department of public services. SECTION 2. That Section 2.22.010 of the Salt Lake City Code, relating to definitions, be, and the same hereby is, amended as follows: 2.22.010. Definitions. For the purpose of this chapter the following words shall have the meaning as given in this section: A. B. C. D. E. F. G. * * * H. "Director of the department of public services" means a person appointed by the mayor with the advice and consent of the 3 council who is duly qualified and acting head of the department of public services. I. * * * * * * SECTION 3. That Section 2.22.100 of the Salt Lake City Code, relating to powers and duties, be, and the same hereby is, amended as follows: 2.22.100. Powers and duties. The board shall have the following powers and duties: A. B. C. D. E. F. * * * * * * * * * * * * * * * Review not less often than quarterly with the administration of the department of public services, the income from all sources, the expenditures for all purposes, and the relationship of anticipated revenues to anticipated expenditures; G. * * * SECTION 4. That Section 2.26.020 of the Salt Lake City Code, relating to definitions, be, and the same hereby is, amended as follows: 2.26.020. Definitions. For the purpose of this chapter the following terms, phrases, words, and their derivations shall have the meaning given in this section: 4 A. B. C. D. E. F. G. * * * * * * * * * * * * * * * * * * "Urban forester" means the city urban forester who is selected by the director of the department of public services to that position in the department of public services. H. "Urban forestry program" means the program which is a part of the department of public services and which is responsible for the care and maintenance of the urban forest resources located on city property. SECTION 5. That Section 2.26.050 of the Salt Lake City Code, relating to appointments, be, and the same hereby is, amended as follows: 2.26.050. Appointments. The board shall consist of nine voting members to be appointed by the mayor with the advice and consent of the council in the following manner: A. B. * * * * * * C. The urban forester shall serve as administrative staff to the board. Clerical staff shall be provided by the department of public services. SECTION 6. That Section 2.26.110 of the Salt Lake City 5 Code, relating to meetings, be, and the same hereby is, amended as follows: 2.26.110. Meetings. A. B. C. D. * * * * * * * * * The department of public services shall make available a secretary to the board through the urban forester. Meetings shall be held at a public place as designated by the board. E. The board shall cause minutes of its proceedings to be kept which shall be available for public inspection in the office of the director of the department of public services. The board shall record the yea and nay votes on any action taken by it. SECTION 7. That Section 2.26.170 of the Salt Lake City Code, relating to powers and duties of urban forester, be, and the same hereby is, amended as follows: 2.26.170. Powers and duties of urban forester. The urban forester shall be the supervisor of the urban forestry program of the department of public services and shall be responsible to the director of the department of public services in carrying out the duties of this position. The urban forester shall initiate an urban forest management plan. SECTION 8. That Section 2.26.210 of the Salt Lake City Code, relating to landscape permit for public right-of-way, be, and the same hereby is, amended as follows: 6 2.26.210. Landscape permit for public right-of-way. It is unlawful for any person to plant, prune or remove any public tree, without first obtaining a permit from the department of public services. Permits shall not be required for work performed by city personnel. A. B. C. SECTION 9. That Section 2.37.010 of the Salt Lake City Code, relating to purpose, be, and the same hereby is, amended as follows: 2.37.010. Purpose. A. The mayor and the Salt Lake City council, hereinafter city council, declare it to be a policy of the city that the city be a provider of recreational services and programs in Salt Lake City, under the direction of the Salt Lake City department of public services. The department shall coordinate all recreational services which are operationally funded by city taxpayers, user fees or taxes paid to the city. In addition, the department will cooperate with and supplement other entities providing recreation, including but not limited to Salt Lake City school district, Salt Lake County, and religious and civic organizations in providing these services and programs. However, it is not intended by this policy that county -wide recreation services funded in part by city taxpayers or user fees should be diluted by the city's independently provided recreational 7 activities or programs. Rather, it is the city's policy that monitoring and review be undertaken to assure that city residents are fairly and equitably served through these county -wide programs. B. The department of public services may provide the following services, among others, in Salt Lake City: 1. 2. 3. C. * * * * * * * * * The Salt Lake City department of public services shall have charge of and be responsible for the general supervision, maintenance, upkeep and control of the city's parks, playgrounds, athletic fields, golf courses, pools and other recreational areas and facilities operationally funded by its taxpayers and users through fees or taxes paid to the city. D. E. * * * * * * SECTION 10. That Section 2.37.020 of the Salt Lake City Code, relating to definitions, be, and the same hereby is, amended as follows: 2.37.020. Definitions. A. B. C. D. E. * * * * * * 8 F. "Director of the department of public services" means a person appointed by the mayor with the advice and consent of the council who is duly qualified and acting head of the department of public services. G. * * * SECTION 11. That Section 2.37.100 of the Salt Lake City Code, relating to review of action - veto power of mayor, be, and the same hereby is, amended as follows: 2.37.100. Review of action - Veto power of mayor. All actions taken by the board shall constitute recommendations to the director of the department of public services and shall not constitute official action. The mayor shall have the power to review, ratify, modify or veto any action submitted by the board, or refer the matter to the city council, if appropriate. No action shall be implemented until the board is notified in writing that it has been ratified by the mayor, or, if referred to the council, that the council has adopted an ordinance implementing the recommendation of the board, or that the action was modified and adopted by the mayor or counsel, as appropriate, and in such event it shall be implemented as modified. SECTION 12. That Section 2.37.110 of the Salt Lake City Code, relating to committees, be, and the same hereby is, amended as follows: 2.37.110. Committees. The board may designate such committee or committees as it 9 desires to study, consider and make recommendations on matters which are presented to the board. In the event the board desires non -board members to serve on such a committee, the board may request the director of the department of public services to make such appointments. Members of such committees shall also serve without compensation. SECTION 13. That Sections 2.37.120 of the Salt Lake City Code, relating to powers and duties, be, and the same hereby is, amended as follows: 2.37.120 Powers and duties. The board shall have the following powers and duties: A. * * * B. * * * D. * * * E. Review and make recommendations annually on the budget for the division of recreation with the department of public services; F. Assist the director of the department of public services in the continuing orderly development and promotion of city recreational facilities in order to best serve the citizens of Salt Lake City. SECTION 14. That Section 2.38.010 of the Salt Lake City Code, relating to definitions, be, and the same hereby is, amended as follows: 10 2.38.010. Definitions. For the purpose of this chapter the following words shall have the meaning as given in this section: A. B. C. D. E. F. G. "Parks superintendent" means a person appointed by the mayor with the advice and consent of the council who is duly qualified and acting head of the department of public services. SECTION 15. That Section 2.38.110 of the Salt Lake City Code, relating to powers and duties, be, and the same hereby is, amended as follows: 2.38.110. Powers and duties. The board shall have the following powers and duties: A. B. C. D. E. F. * * * * * * * * * * * * * * * Review not less often than annually with the administration of the department of public services, the income from all sources, the expenditures for all purposes, and the relationship of anticipated revenues to anticipated expenditures; 11 * * * SECTION 16. That Section 2.42.020 of the Salt Lake City Code, relating to elected and appointed officers requiring bonds, be, and the same hereby is, amended as follows: A. 1. 2. 3. 4. 5. 6. 7. 8. * * * * * * * * * * * * * * * * * * * * * * * * Director of public utilities; 9. Director of public services; 10. Fire chief; 11. License supervisor; 12. Mayor; 13. Parking enforcement hearing examiner; 14. Chief of police; 15. Chief procurement officer; 16. City recorder; 17. Deputy city recorder; 18. Treasurer and deputy treasurer. B. C. * * * * * * SECTION 17. That Section 3.28.060.B of the Salt Lake city 12 Code, relating to advisory review committee, be, and the same hereby is, amended as follows: 3.28.060 Advisory review committee. * * * A. * * * B. For architect, engineering or construction related planning services, the director of the department of public services and the director of development services or their respective designees. For all other professional services, two members chosen by the department head from outside the department with familiarity and experience in the professional service area outlined in the request for proposals; C. D. * * * * * * SECTION 18. That Section 3.32.060 of the Salt Lake City Code, relating to application - investigation and recommendation, be, and the same hereby is, amended as follows: 3.32.060. Application - Investigation and recommendation. Applications received by the city recorder shall be referred to the department of public services for investigation and recommendation. The department's report shall be forwarded to the city attorney for determination under the criteria of this chapter. All payments authorized by the city attorney shall be made by the director of the department of parks solely from funds to be set aside under this chapter. SECTION 19. That Section 3.32.100 of the Salt Lake City 13 Code, relating to annual budget expenditure, be, and the same hereby is, amended as follows: 3.32.100. Annual budget expenditure. The city department of public services is authorized to provide for and include within its budget within the recreation fund an amount not to exceed ten thousand dollars annually from which funds may be drawn to make the foregoing payments. SECTION 20. That Section 9.08.030 of the Salt Lake City Code, relating to residential collections, be, and the same hereby is, amended as follows: 9.08.030. Residential collections. The city will provide for the collection and disposal, at the expense of the property owner, of garbage, community waste, stove ashes and other such refuse from the below designated residences, churches, as provided for herein, but not from places of business, apartment houses, or public buildings. Said collection shall be under the supervision of the department of public services pursuant to the following: A. * * * B. Garbage and Trash Pickup Charges. Monthly charges for garbage pickup service and the annual trash pickup provided by the city, whether from a single-family dwelling unit, duplex family dwelling unit, or from a triplex family dwelling unit or other units approved by the director of public services, shall be six dollars and fifty cents per month for the first automated container. Five dollars and twenty-five cents for such amount 14 shall be for garbage pickup service and one dollar and twenty- five cents for the city's annual trash pickup. Additional automated containers can be obtained for five dollars and twenty- five cents each, plus a delivery fee of ten dollars each. C. D. E. F. G. * * * 1. 2. 3. * * * SECTION 21. That Section 9.08.130 of the Salt Lake City Code, relating to unauthorized collection, be, and the same hereby is, amended as follows: 9.08.130. Unauthorized collection. It is unlawful for any person to remove any community waste set out on a public street or alley for city collection on a regular garbage and refuse collection day without written authorization from the department of public services. Nothing herein shall be construed to prohibit any person from removing community waste which has been produced on premises actually occupied by the person removing said waste. SECTION 22. That Section 9.12.040 of the Salt Lake City Code, relating to households - container and pickup specifications, be, and the same hereby are, amended as follows: 15 9.12.040. Households - Container and pickup specifications. B. * * * C. All items too large to fit into container, such as, but not limited to, appliances, furniture and mattresses, shall not be collected by the city except upon such exceptional occasions as shall from time to time be designated by the department of public services. D. * * * E. Containers shall be kept covered at all times. Any container which does not conform to prescribed standards or which has defects likely to hamper collection or injure the person collecting the contents thereof or the public generally shall be replaced promptly by the owner or user of the container upon receipt of written notice of such defects from the department of public services. F. Containers with garbage and other solid waste to be collected by the city shall be set out for collection at curbside and on the days designated by the department of public services. Such containers shall not be set out upon the street for collection prior to the evening of the day before collection and shall be set out on the day of collection by seven -thirty a.m. All empty containers shall be removed from the street as soon as practicable after being emptied and in every case shall be removed from the street the same day as they are emptied. G. * * * 16 SECTION 23. That Section 14.12.010 of the Salt Lake City Code, relating to permit - required when, be, and the same hereby is, amended as follows: 14.12.010. Permit - Required when. It is unlawful for any person to move any house, building, tractor, roller, dragline, caterpillar, steamshovel, road equipment, industrial equipment, or circus or carnival equipment, steel safe, or any other structure or equipment likely to injure, damage or deface the surface, structure or foundation of a street, upon, over, across or along any public street, alley or highway in the city without first obtaining a permit from the department of public services of the city so to do. SECTION 24. That Section 14.12.040 of the Salt Lake City Code, relating to route and time designated on permit - deviations unlawful, be, and the same hereby is, amended as follows: 1.412.040. Route and time designated on permit - Deviations unlawful. The department of public services shall designate in the permit the hours of the day or night during which such structures or equipment shall be moved, and it shall be unlawful for any person to violate the terms of the permit. SECTION 25. That Section 14.20.050 of the Salt Lake City Code, relating to cellar doors and other openings in streets or sidewalks, be, and the same hereby is, amended as follows: 17 14.20.050. Cellar doors and other openings in streets or sidewalks. It is unlawful for the owner or occupant of any building having a cellar or other opening upon any street or sidewalk to fail to keep the door or other covering thereof in good repair and safe for the passage of the customary traffic on such street or sidewalk; and if the owner or occupant of any such building neglects or refuses to repair properly any such door or covering for twenty-four hours after notice from the director of public services to do so, the director shall forthwith cause such repairs to be made at the expense of the owner or occupant. SECTION 26. That Section 14.32.101.F of the Salt Lake City Code, relating to permit - application requirements, be, and the same hereby is, amended as follows: 14.32.101. Permit - Application requirements. A. B. C. D. E. F. * * * * * * * * * * * * * * * The disapproval or denial of an application by the engineer may be appealed by the applicant to the director of public services by the filing of a written notice of appeal within ten days of the action of the city engineer. The director of public services shall hear such appeal, if written request therefor be timely filed as soon as practicable, 18 and render his/her decision within two weeks following notice of such appeal. SECTION 27. That Section 14.32.183 of the Salt Lake City Code, relating to appeal of suspension, revocation, or stop order, be, and the same hereby is, amended as follows: 14.32.183. Appeal of suspension, revocation, or stop order. Any suspension or revocation or stop order by the engineer may be appealed by the permittee to the director of public services by filing a written notice of appeal within ten days of the action of the engineer. The director of public services shall hear such appeal, if written request therefor be timely filed, as soon as practicable, and render his/her decision within a reasonable time following filing of notice of appeal. SECTION 28. That Section 15.16.035.0 of the Salt Lake City Code, relating to golf courses - group reservations, be, and the same hereby is, amended as follows: 15.16.035. Golf courses - Group reservations. Reservations for exclusive use of a course for group play, tournaments etc. will be allowed in accordance with the following guidelines: A. * * * * * * C. The department of public services, with concurrence of the mayor, may set reasonable regulations with regard to: 1. * * * * * * 19 SECTION 29. That Section 15.24.070 of the Salt Lake City Code, relating to planting restrictions, be, and the same hereby is, amended as follows: 15.24.070. Planting restrictions. No person other than an authorized employee of the department of public services, shall plant any tree, shrub, bush, plant or flower upon any property within the cemetery. SECTION 30. That Section 15.28.010.0 of the Salt Lake City Code, relating to creation - administration, be, and the same hereby is, amended as follows: 15.28.010. Creation - Administration. A. * * * B. * * * C. Administration. The collection, accounting and expenditure of funds shall be in accordance with existing fiscal policy of the city and the fund shall be administered by the department of public services. SECTION 31. That Section 18.44.110 of the Salt Lake City Code, relating to UFC Sections 78.102 and 78.103 amended - fireworks, be, and the same hereby is, amended as follows: 18.44.110. UFC Sections 78.102 and 78.103 amended - Fireworks. Sections 78.102 and 78.103 of the Uniform Fire Code, relating to fireworks, are amended to read as follows: Sec. 78.102. (a) * * * (b) Public display permit. (1) It is unlawful to conduct any public display of fireworks without obtaining a special 20 permit therefor and fully complying with the provisions of this chapter and these ordinances. The Fire Marshal, upon written application and the posting of required insurance, will coordinate the review of the permit by the Fire Department, City Attorney, Department of Public Services and Police Department. After their approvals the Fire Marshal may grant a permit for public display of fireworks by responsible groups. No permit granted hereunder shall be transferable. (2) * * * * * * SECTION 32. That Section 21.30.180 of the Salt Lake City Code, relating to multiple -family dwellings - landscaping standards, be, and the same hereby is, amended as follows: 21.30.180. Multiple -family dwellings - Landscaping standards. In order to protect, preserve and foster the unique residential streetscape that presently exists in the R-2H districts, part of any proposal for development or redevelopment of a conditional use shall include a landscaping plan for review by the landmark committee and the board of adjustment. The plan should include plans for landscaping and trees similar to or typical of the existing streetscape. Any trees located within public property to be removed during or prior to such development shall be replaced by trees of at least two and one -half -inch caliper or larger in nature, and shall be of species approved by the department of public services. SECTION 33. That Section 21.91.030 of the Salt Lake City 21 C Hl EF DEPUTY Code, relating to definitions, be, and the same hereby is, amended as follows: 21.91.030. Definitions. For the purpose of this chapter, the following terms shall have the meanings defined in this section: A. * * * B. * * * C. "Public park" means a park, playground, swimming pool, golf course or athletic field within the city which is under the control, operation or management of the city's department of public services. SECTION 34. This Ordinance shall take effect upon its first publication. Passed by the City Council of Salt Lake City, Utah, this Sth day of Oitined ATTEST: CITY RECORDE Transmitted to the Mayor on Mayor's Action: , 1993 . OND PS1m y0 p lc.� Ap�R9,14 icer,�tE Pie SOt ®at U 1114/C?. ", 1993 el 22 DEPUTY ATTEST: RKE:cc Bill No. 45 of_1993. Published : dove, a5, r993 23