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045 of 2014 - Relating to parking payment processes 0 14-1 0 14-8 Ordinance No. 45 of 2014 (Repealing Section 12.56.220, of the Salt Lake City Code and amending Sections 12.56.140 through 12.56.160, 12.56.180 through 12.56.190, 12.56.205 through 12.56.210, 12.56.230 through 12.56.235 and 12.96.010 of the Salt Lake City Code.) An ordinance repealing Section 12.56.220, of the Salt Lake City Code and amending Sections 12.56.140 through 12.56.160, 12.56.180 through 12.56.190, 12.56.205 through 12.56.210, 12.56.230 through 12.56.235, and 12.96.010 of the Salt Lake City Code to update the City's parking provisions in a manner that fully incorporates the City's installation and use of parking pay stations within the City. WHEREAS, Salt Lake City (the "City") has elected to install and use certain parking pay stations in connection with parking and parking enforcement throughout the City; WHEREAS, the City has now replaced the City's prior mechanical parking meters with the aforementioned parking pay stations; and WHEREAS, the Salt Lake City Council has determined that the following ordinance promotes the best interests of the City; NOW, THEREFOR:, BE IT ORDAINED by the City Council of Salt Lake City, Utah, as follows: SECTION 1. That Salt Lake City Code Section 12.56.220 is repealed in its entirety. SECTION 2. That Salt Lake City Code Sections 12.56.140 through 12.56.160 are hereby amended to read as follows: 12.56.140: PARKING METERS; DEFINITIONS AND MARKING OF SPACES: A. Definitions: PARKING METER: Means and includes any device through which an individual can purchase authorization from the city to park a vehicle in a parking space for a designated period of time. PARKING SPACE: A designated area set aside for the parking of vehicles upon a street, which area shall be identified by a line, signage or other traffic markings, and shall be of sufficient size to permit the parking of only one vehicle, or not more than two (2) • motorcycles. For purposes of this Chapter, the term "Parking Space" specifically refers to those parking spaces in which a vehicle may only be parked for a limited period of time or for which authorization to park must be purchased from the city. PARKING TOKEN: A token authorized by the city to be used in a city parking meter in order to purchase authorization to park a vehicle in a specific parking space for a designated period of time. PARKING METER ZONE: Those streets or portions of streets within which the parking of vehicles shall be controlled, regulated and inspected with the aid and use of parking meters. B. Parking Spaces To Be Marked: The transportation engineer shall establish and designate parking spaces by signage or by painted lines upon the surface of the roadway or pavement and/or curbing. 12.56.150: PARKING METERS; INSTALLATION: A. The city transportation engineer shall cause parking meters to be installed near or upon the city's curb or sidewalk areas in numbers and locations that are sufficient, in the judgment of the city transportation engineer, to provide for the public's parking needs. B. No person shall park any vehicle in any parking space, except as otherwise permitted by this chapter, without immediately purchasing from a parking meter the necessary authorization to park in that specific parking space for a designated period of time, which time period shall be reflected on a receipt or similar official record memorializing such purchase. C. No person, except as otherwise provided by this chapter, shall permit any vehicle parked by such person to remain parked in any parking space beyond the time period specified on the receipt or other official record memorializing the purchase transaction described in subparagraph B, or beyond the maximum time limit for parking as designated on either the parking meter or on posted signs that correspond to such parking space. 12.56.160: PARKING METERS; SPACES AND TIME LIMITS: The city transportation engineer shall establish and designate parking spaces, including restricted spaces, within the parking meter zone, and shall provide for maximum parking times for all parking spaces. SECTION 3. That Salt Lake City Code Sections 12.56.180 through 12.56.190 are hereby amended to read as follows: 12.56.180: PARKING METERS; RESTRICTED SPACES: No person shall park or permit any vehicle to remain parked in a restricted parking space during a restricted period, except those persons included within the class for whose benefit the restriction is imposed. 12.56.190: PARKING METERS; OVERTIME PARKING PROHIBITED: 2 A. No person shall park or permit any vehicle to remain parked in any parking space for a continuous period longer than the maximum time period designated on the city parking meters or on posted signs that correspond to such parking space. B. No person shall purchase authorization to park in a particular parking space for the purpose of permitting a vehicle to remain parked in such particular parking space for a continuous period longer than the maximum time period designated on the city parking meters or on posted signs that correspond to such parking space. SECTION 4. That Salt Lake City Code Sections 12.56.205 through 12.56.210 are hereby amended to read as follows: 12.56.205: PARKING METERS; NO CHARGE FOR ALTERNATIVE FUEL, FUEL EFFICIENT AND LOW POLLUTING VEHICLES; ELECTRIC VEHICLE CHARGING STATIONS: A. The following definitions shall apply to this section: ALTERNATIVE FUEL: Propane, compressed natural gas, electricity, or any motor or special fuel that meets the clean fuel vehicle standards in the federal clean air act amendments of 1990, title II, as amended. ALTERNATIVE FUEL VEHICLE: A vehicle with an engine powered full or part time by an alternative fuel. CLEAN FUEL LICENSE PLATE: A special group license plate issued by the Utah department of motor vehicles as authorized by Utah code § 41-1a-418, or its successor. DIVISION: The city's transportation division. ELECTRIC VEHICLE CHARGING STATION: A parking stall equipped with an electrical outlet to charge electric vehicles. FUEL EFFICIENT VEHICLE: A vehicle that is powered by gasoline or diesel that achieves a city driving fuel efficiency of forty one (41) or more miles per gallon. LOW POLLUTING VEHICLE: A vehicle that achieves an environmental protection agency (EPA) air pollution score of at least eight (8) on the EPA vehicle rating scale of zero (0) to ten (10). B. 1. The division shall issue a vehicle windshield sticker to all persons applying for such sticker who provide evidence acceptable to the division that the vehicle for which the sticker is desired is a "fuel efficient vehicle" or a "low polluting vehicle" as defined in subsection A of this section. Motorcycles and other vehicles that are not automobiles shall not be issued a sticker pursuant to this section. 3 2. The recipient of the sticker shall affix it only to the bottom of the driver's side of the rear window of the vehicle for which it is issued so that it is readily visible. C. Parking spaces may be used without charge on all days of the week at all hours by: 1. vehicles properly displaying the sticker referred to in subsection B of this section; and 2. vehicles properly displaying the clean fuel license plate referred to in subsection A of this section. D. No person parking a vehicle without charge pursuant to this section shall park or permit such vehicle to remain parked in any parking space for a continuous period longer than that designated on the parking meter or on posted signs that correspond to such parking space, nor shall they park in restricted spaces pursuant to section 12.56.180 of this chapter. E. In assessing the evidence provided by an applicant for such sticker as set forth in subsection B(1) of this section, the division may consider: 1. The fuel efficiency information for particular years and models of vehicles determined by the department of energy and the environmental protection agency as shown on their wcbsite at www.fueleconomy.gov or its successor website; and 2. The EPA's annual "Green Vehicle Guide" as found at the website www.epa.gov/greenvehicles or its successor website. F. Use of electric vehicle charging stations is restricted to electric vehicles actively charging their battery at the provided electrical outlet. The division may establish time limits for use of particular electric vehicle charging stations. No person shall use an electric vehicle charging station for longer than the time period specified for that station. Failure to comply with this provision will result in a civil penalty as set forth in section 12.56.550 of this chapter. 12.56.210: PARKING METERS; SPECIAL USE CONDITIONS AND FEES: Permission to park in parking spaces without providing payment therefore at the parking meters may be granted by the city transportation engineer or the engineer's designee upon application being made therefore in writing upon the following conditions: A. A showing of a substantial need to temporarily close off the parking spaces involved to the public use for a stated duration of time, B. The placing of authorized devices over the signs identifying the parking spaces at issue, and C. The payment daily in advance to the city treasurer according to the following schedule: 1. The fee shown on the Salt Lake City consolidated fee schedule per parking space per day, or part thereof. 4 2. The fee shown on the Salt Lake City consolidated fee schedule per parking space per day, or part thereof for an event that: a) continues for not less than three (3) consecutive days, b) significantly fosters arca business promotion, and c) has an expected attendance exceeding five thousand (5,000) persons. 3. The fee shown on the Salt Lake City consolidated fee schedule per parking space per day, or part thereof during the filming of a movie, television series or commercial. 4. No fee shall be charged to any organization, for up to a total of thirty (30) days in any calendar year, that provides written verification from the internal revenue service that the organization has been granted tax exempt status as a religious or charitable organization under section 501(c)(3) of the internal revenue code, or its successor. 5. No fee shall be charged to any organization using such parking space under the direction of the city in connection with a city-sponsored special event. SECTION 5. That Salt Lake City Code Sections 12.56.230 through 12.56.235 are hereby amended to read as follows: 12.56.230: PARKING METERS; COINS AND KEYS; TAMPERING PROHIBITED: A. The fact that a person has provided payment to park in a particular parking space shall not entitle that person to park in such parking space during the time parking is prohibited in such parking space. B. It is unlawful to deposit or insert anything into a parking meter coin slot or card reader other than authorized coins or cards that constitute authorized means of payment and that correspond to the card reader or coin slot into which they are inserted. No person shall insert any coin or card that is bent, cut, torn, battered or otherwise misshapen. No unauthorized person shall remove, deface, tamper with, open, break, destroy or damage any parking meter. No person shall willfully manipulate any parking meter in such manner that the parking meter will not operate or operates in an improper or inaccurate manner. C. It is unlawful for any person not authorized by Salt Lake City Corporation to have in such person's possession or on his or her person any key which will open the coin box of any parking meter in the streets of the city, or on any public parking area operated and maintained by the city. D. It is unlawful for any person to duplicate or reproduce in any manner any key which will open the coin box of any parking meter in the streets of the city, or on any public parking area operated and maintained by the city; provided, however, that such keys may be duplicated or reproduced for the use of Salt Lake City Corporation upon written authorization from the mayor to do so. 12.56.235: PARKING IN MORE TITAN ONE PARKING SPACE: 5 No person shall park or permit any vehicle to remain parked in more than one parking space at a time. SECTION 6. That Salt Lake City Code Section 12.96.010 is hereby amended to read as follows: 12.96.010: NUISANCE VEIIICLES DESIGNATED; ABATEMENT: A. Nuisance Vehicle Criteria: Pursuant to section 10-8-60, Utah Code Annotated. 1953, or its successor, the city council finds that the disregard for the authorized use of streets within the city poses a danger to the safe movement of traffic within the city, and declares the same to be a nuisance. Vehicles which meet the following criteria are hereby declared to be nuisances: 1. Any vehicle found upon the streets, alleys or public property of the city with faulty or defective equipment or which does not have, in good working condition, all safety items required by state law; 2. Any vehicle left unattended upon any street, alley, bridge, viaduct, or at any location where such vehicle constitutes an obstruction or hazard to the safe movement of traffic; 3. Any vehicle upon a street or other publicly owned property, so disabled as to constitute an obstruction to traffic and the person or persons in charge of the vehicle are by reason of physical injury incapacitated to such an extent as to be unable to provide for its custody or removal; 4. Any vehicle, the driver of which has been taken into custody by the police department, under such circumstances as would leave such vehicle unattended on a street, alley, restricted parking areas or other publicly owned property; 5. Any vehicle found parked in such a manner to constitute a fire hazard or an obstruction to firefighting apparatus, including marked hydrants; 6. Any vehicle stopped, standing or parked in violation of any provisions of the traffic code set out in this title, or of the laws of the state of Utah; 7. Any vehicle parked upon a public street for more than forty eight (48) hours without being moved during that period of time. B. Unauthorized Use Of Streets; Two Or More Notices (Parking Tickets); Nuisance: Any person receiving two (2) or more notices of unauthorized use of streets (parking tickets) within the city, pursuant to chapter 12.56 of this title, which notices are forty (40) days old or older and have not been dismissed pursuant to subsection 12.56.570E of this title, or its successor subsection, or dismissed or reduced to judgment by a court of competent jurisdiction, shall be guilty of creating a nuisance. 6 C. Violation; Misdemeanor: Violation of this chapter shall be a misdemeanor. D. Nuisance Abatement: Any vehicle declared to be a nuisance by the provisions of this chapter may be summarily abated by removing any such vehicle by or under the direction of, or at the request of a police officer or parking enforcement officer to a place of storage within the city by means of towing or otherwise. E. Remedy Of Impoundment Not Exclusive: The impounding of a vehicle shall not prevent or preclude the institution and the prosecution of criminal proceedings in the district courts or elsewhere against the owner or operator of such impounded vehicle nor shall the impoundment and ultimate sale at auction prevent the collection of outstanding fees, fines, or other penalties due from parking notices involving such vehicle. F. Defined: "Impoundment" means the immobilization of a vehicle by use of an immobilization device or the towing of a vehicle to a place of storage. SECTION 7. This ordinance shall become effective upon first publication. Passed by the City Council of Salt : e ►'ty tah this 15 day of July 2014. CHAIRP,NON ATTEST 1 *// CITY RECORDER Transmitted to Mayor on July 17, 2014 Mayor's Action: x Approved. Vetoed. dm, 6; c kt MAOR �_CITY KECORDER (SEAL) �+�ti .of � ••.� , Bill No. 45 of 2014. Published: ,•.�. 7-29-14 • �• o, : .1v� APPROVED AS TO FORM •• ' Soft Lake Attor 's Office ,o • r�RnTE s�� pate 3a By H B_ATTY-#3 9479-v2-Park ing_M eter_Ord i nance.DOCX 7