051 of 2009 - relating to parties, gatherings and events 0 09-1
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0 09-30
SALT LAKE CITY ORDINANCE
No. 51 of 2009
(Parties, Gatherings, and Events)
An Ordinance amending Chapter 11.14 of the Salt Lake City Code, relating to
parties, gatherings, and events.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 11.14 of the Salt Lake City Code, relating to parties,
gatherings, and events be, and the same hereby is, amended as follows:
Chapter 11.14
PARTIES, GATHERINGS OR EVENTS
11.14.010 Definitions:
The following words, phrases and terms as used in this chapter shall have the
meaning for this chapter as indicated below:
A. "Host" means:
1. The person having an ownership or leasehold interest in the premises; or
2. A person who resides at or occupies the premises in any capacity, other than as
a mere guest at the party, gathering or event; or
3. The person in charge of the premises; or
4. The person who organized the party, gathering or event; or
5. The person who gave permission to hold the party, gathering or event on the
premises;
6. If the party is hosted by an organization, either incorporated or unincorporated,
the term "host" includes the officers of the organization;
7. If the host is a minor under eighteen (18) years of age, the term "host" includes
the parent or parents or legal guardians of the minor, whether or not they are present at
the premises.
B. "Noise disturbance" means a noise disturbance as defined in Section
9.28.020(B)(15) of this code.
C. "Party, gathering, or event" means three (3) or more people assembled for
a social activity where: (i) alcoholic beverages have been or are being consumed contrary
to law, (ii) substances regulated by the Utah controlled substances act are used by any
person, or(iii) the noise from the party, gathering, or event makes a noise disturbance.
D. "Premises"means the property at which a party, gathering, or event
occurs.
E. "Services fee" means the fee imposed by this chapter, calculated to cover,
without limitation, related police department costs and reasonable attorney fees.
11.14.020 Services Fees-Special Security Assignment:
A. Any person hosting a party, gathering, or event within the City may be
liable for services fees. Any services fee may be in addition to such other costs and
penalties as may be provided in this code.
B. A services fee is owed for each time a police officer responds to a call or
otherwise arrives at a premises to deal with a party, gathering, or event. The amount of
the fees and the persons owing the fees are as follows:
(i) For non-rental property, the owner of the premises shall owe $300 for each
visit of one of more police officers;
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(ii) For rental property, the renters shall owe $300 for each visit of one or more
police officers; in addition, the owner of the premises shall owe $100 for the third visit
and $300 for any additional visits of one or more police officers during any 365-day
period.
C. All services fees assessed under this chapter shall be due and payable
within three (3)business days after the date a written notice of the services fee is sent to
the person against whom the services fee is assessed. Any services fee paid within thirty
(30) days after the due date shall be reduced by fifty($50) dollars. Any services fee paid
more than thirty(30) days but less than sixty(60) days after the due date shall be reduced
by twenty-five ($25) dollars. Any services fee paid more than sixty(60) days after the
due date shall not be reduced. If any services fee is not paid within ninety(90) days after
the due date, the City may use such lawful means as are available to collect such services
fee. If the City files an action in court to recover such services fee, the City shall be
entitled to recovery of its court costs, pre judgment interest, and attorney's fees in
addition to the services fee due and owing.
11.14.030 Recovery Of Actual Costs:
In addition to the services fees described in section 11.14.020 of this chapter, the
City reserves the right to seek reimbursement for actual costs that exceed the stated
services fee, through other legal theories, remedies, or procedures.
11.14.040 This Chapter Not To Preclude Other Appropriate Action:
Nothing in this chapter shall be construed to prevent the arrest or citation of
violators of the state penal code or other regulations, ordinances, or laws.
11.14.050 Administrative Appeals:
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A. A Salt Lake City justice court shall consider matters relating to services
fees.
B. Any person having received notice of the assessment of a services fee may
appear before the Salt Lake City justice court and present and contest the alleged
violation upon which the services fee was based.
C. If the Salt Lake City justice court finds that no violation occurred and one
or more of the defenses set forth in this section is applicable, the justice court may
dismiss the services fee notice, release the defendant from liability for the services fee, or
modify the services fee as justice and equity may require. Such defenses are:
1. Wrong name and address on the services fee notice;
2. Compliance with the subject ordinances would have presented an imminent and
irreparable injury to persons or property;
3. Such other mitigating circumstances as may be shown by the appellant.
D. If the Salt Lake City justice court finds that a services fee was properly
imposed and no applicable defense exists, the justice court may, in the interest of justice
and on behalf of the City, enter into an agreement for the timely or periodic payment of
the services fee.
SECTION 2. That this ordinance shall take effect immediately upon the date of
its first publication.
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Passed by the City Council of Salt Lake City, Utah this 22nd day of
September , 2009.
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ATTEST:
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C Y RECORDER
Approved as to form:
Senior City Attorn y
Transmitted to Mayor on 9/22/09
Mayor's Action: X Approved. Vetoed.
MAYOR
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CITY RECORDER
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