047 of 2010 - reducing the number of unpaid parking tickets that permit the City to immobilize a vehicle & providi 0 10-1
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Ordinance No. 47 of 2010
(Amending Sections 12.96.010, 12.96.020, and 12.96.025, Salt Lake City Code, reducing the
number of unpaid parking tickets that permit the City to immobilize a vehicle and providing for
payment for repair or replacement of immobilization devices damaged or destroyed due to
tampering or unauthorized removal.)
An ordinance amending Sections 12.96.010, 12.96.020, and 12.96.025, Salt Lake City Code,
reducing the number of unpaid parking tickets that permit the City to immobilize a vehicle and
providing for payment for repair or replacement of immobilization devices damaged or destroyed
due to tampering or unauthorized removal.
NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City, Utah,
as follows:
SECTION 1. That the following sections of the Salt Lake City Code be amended as
follows:
12.96.010: NUISANCE VEHICLES 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: Anyperson
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 thirty(30) days old or older and have not
been dismissed pursuant to subsection 12.56.570.D 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.
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.
12.96.020: VEHICLES WITH OUTSTANDING PARKING TICKETS:
A. Two Or More Notices Of Unauthorized Use Of Streets (Parking Tickets): Any vehicle which
has two (2) or more notices of unauthorized use of streets within the city, as defined at section
12.56.550 of this title, which notices are thirty(30) days old or older and have not been
dismissed pursuant to subsection 12.56.570D of this title, or its successor, or dismissed or
reduced to judgment by a court of competent jurisdiction, shall be subject to immediate
impoundment by towing or by means of an immobilizing device.
B. Delay Of Obtaining Vehicle Immobilization Release: If the vehicle has been immobilized for
a period of twenty four(24) hours, without arrangements being made for its release, it may be
immediately impounded and towed and removed to a place of storage within the city by means
of towing or otherwise.
12.96.025: TOWING, IMPOUND, STORAGE, AND BOOTING FEES:
There are imposed for the towing, impound, storage, and booting of vehicles under this chapter
the following fees:
A. Towing: The city's actual costs incurred.
B. Impound processing: One hundred sixty five dollars ($165.00).
C. Storage per day: Seventeen dollars ($17.00).
D. Booting fee: Forty four dollars ($44.00).
E. On street booting release fee: Seventeen dollars ($17.00).
F. Damage to immobilization device: The owner of a vehicle immobilized under this chapter
shall be strictly liable for the cost of repair or replacement of an immobilization device damaged
or destroyed by attempts by any one other than an employee or agent of the city to remove or
tamper with the device and for any damage to the vehicle caused by an attempt to drive while the
immobilization device is in place or by an attempt to remove such device.
SECTION 2. This ordinance shall become effective upon first publication.
Passed by the City Council of Salt Lake City, Utah this 15 day of June
2010.
HA RSON
ATTEST:
CITY RECORDER
Transmitted to Mayor on .tine 2 5, 2010 •
Mayor's Action: X Approved. Vetoed.
MA u R
(-1/14e'14
APP r•OtiED AS TC)
CITY RECORDER Salt Lake City Attorneys (Vice
Cato /5-,!0 4
(SEAL) E; el.10110 rit .
Bill No. 47 of 2010.
Published: 7-6-10
HB_ATTY-#12197-v2-Amending_12_96_re_immobilization_of vehicles_.DOC