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062 of 2002 - traffic code amdnements • 0 02-1 0 99-31 SALT LAKE CITY ORDINANCE No. 62 of 2002 (Traffic code amendments) AN ORDNANCE AMENDING SECTION 2.75.020, SALT LAKE CITY CODE, PERTAINING TO HEARING OFFICER; AMENDING SECTION 12.04.110, SALT LAKE CITY CODE, PERTAINING TO CROSSWALK; AMENDING SECTION 12.04.120,SALT LAKE CITY CODE, PERTAINING TO CROSSWALK LINE; ENACTING SECTION 12.04.235, SALT LAKE CITY CODE, PERTAINING TO MARKED CROSSWALK; ENACTING SECTION 12.04.595, SALT LAKE CITY CODE, PERTAINING TO UNMARKED CROSSWALK; AMENDING SECTION 12.12.010, SALT LAKE CITY CODE, PERTAINING TO OBEDIENCE TO TRAFFIC CODE; AMENDING SECTION 12.12.015,SALT LAKE CITY CODE, PERTAINING TO OBEDIENCE TO CIVIL TRAFFIC VIOLATIONS; AMENDING SECTION 12.20.030, SALT LAKE CITY CODE, PERTAINING TO MISDEMEANOR CITATION WHEN IMMEDIATE APPEARANCE IS NOT MADE; ENACTING SECTION 12.20.035, SALT LAKE CITY CODE, PERTAINING TO CIVIL VIOLATION CITATIONS; REPEALING SECTION 12.20.040, SALT LAKE CITY CODE, PERTAINING TO VIOLATING PROMISE TO APPEAR; AMENDING SECTION 12.24.012, SALT LAKE CITY CODE, PERTAINING TO VIOLATION OF RESTRICTED LICENSE; AMENDING THE TITLE TO SECTION 12.24.115, SALT LAKE CITY CODE, PERTAINING TO CIVIL VIOLATION FOR DRIVING ON A SUSPENDED LICENSE OTHER THAN ALCOHOL OR CONTROLLED SUBSTANCE OR STATE VIOLATION RELATED; AMENDING THE TITLE TO SECTION 12.24.120, SALT LAKE CITY CODE, PERTAINING TO ALCOHOL OR CONTROLLED SUBSTANCE OR STATE VIOLATION FOR DRIVING ON A SUSPENDED LICENSE; . AMENDING SECTION 12.28.010, SALT LAKE CITY CODE, PERTAINING TO STATE VEHICLE INSPECTIONS; AMENDING SECTION 12.28.020, SALT LAKE CITY CODE, PERTAINING TO VEHICLE REGISTRATION AND LICENSE PLATES; AMENDING SECTION 12.28.090, SALT LAKE CITY CODE, PERTAINING TO LIGHTS, BRAKES, AND OTHER EQUIPMENT; REPEALING SECTION 12.32.030, SALT LAKE CITY CODE, PERTAINING TO COLOR INDICATIONS FOR SIGNALS -DRIVERS AND PEDESTRIAN DUTIES; REPEALING SECTION 12.32.040, SALT LAKE CITY CODE, PERTAINING TO FLASHING RED OR YELLOW SIGNALS; ENACTING SECTION 12.32.045, SALT LAKE CITY CODE, PERTAINING TO VEHICULAR SIGNAL INDICATIONS - DRIVER AND PEDESTRIAN DUTIES; REPEALING SECTION 12.32.050, SALT LAKE CITY CODE, PERTAINING TO PEDESTRIAN"WALK"AND "DON'T WALK" SIGNALS; ENACTING SECTION 12.32.055, SALT LAKE CITY CODE, PERTAINING TO PEDESTRIAN SIGNAL INDICATIONS; AMENDING SECTION 12.44.020, SALT LAKE CITY CODE, PERTAINING TO OVERTAKING AND PASSING VEHICLES PROCEEDING IN SAME DIRECTION; AMENDING SECTION 12.44.130, SALT LAKE CITY CODE, PERTAINING TO TURNING MOVEMENTS AND SIGNAL REQUIREMENTS; ENACTING SECTION 12.52.355, SALT LAKE CITY CODE, PERTAINING TO NEGLIGENT OPERATION CAUSING PERSONAL INJURY OR DEATH; REPEALING SECTION 12.56.030, SALT LAKE CITY CODE, PERTAINING TO VEHICLE STATE INSPECTION CERTIFICATES; AMENDING SECTION 12.56.100, SALT LAKE CITY CODE, PERTAINING TO PARKING OPPOSITE TRAFFIC; REPEALING SECTION 12.76.020,SALT LAKE CITY CODE, PERTAINING TO PEDESTRIAN RIGHTS OBEDIENCE TO TRAFFIC CONTROL SIGNALS; REPEALING 2 SECTION 12.76.030, SALT LAKE CITY CODE, PERTAINING TO RIGHT-OF-WAY IN CROSSWALKS VEHICLE REQUIREMENTS; REPEALING SECTION 12.76.040, SALT LAKE CITY CODE, PERTAINING TO VEHICLE STOPPED AT CROSSWALK—PASSING PROHIBITED; AND ENACTING SECTION 12.76.045, SALT LAKE CITY CODE, PERTAINING TO YIELDING RIGHT-OF-WAY AT MARKED OR UNMARKED CROSSWALKS—DRIVER AND PEDESTRIAN DUTIES. Be it ordained by the City Council of Salt Lake City,Utah: SECTION 1. That Section 2.75.020, Salt Lake City Code,pertaining to hearing officer be, and the same hereby is, amended to read as follows: 2.75.020 Hearing Officer: A. Duties: Consistent with the policies and procedures promulgated by the justice court, the hearing officer may adjust and set, as authorized, sums due as 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 assessments; and perform such other duties as deemed necessary or desirable by the justice court to carry out the purposes of this Chapter in accordance with justice and equity. B. Accountability: The hearing officer shall serve as staff for the justice court but shall be supervised as an employee, under the direction of the City Director of Management Services or his/her designee. 3 C. Exceptions: Regardless of provisions in this Section to the contrary, violations of the following City Code sections shall require a mandatory appearance before a judge of the justice court for disposition, and shall not be disposed of by a hearing officer: 1. Section 12.36.040. 2. Section 12.48.070. 3. Section 12.48.080. 4. Section 12.48.100. 5. Section 12.52.355C. 6. Subsection A1(a) of Section 12.76.045. 7. Subsection Al(b) of Section 12.76.045 for a second and for each subsequent violation within one (1) year of a previous conviction or forfeiture of penalty for a violation of said subsection. SECTION 2. That Section 12.04.110, Salt Lake City Code,pertaining to crosswalk be, and the same hereby is, amended to read as follows: 12.04.110 Crosswalk. "Crosswalk" means (a) that part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the street or highway, measured from the curbs, or in the absence of curbs, from the edges of the traversable roadway; and in the absence of a sidewalk on one side of the roadway, the part of a roadway included within the extension of the lateral lines of the sidewalk at right angles to the centerline; (b) any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface. 4 SECTION 3. That Section 12.04.120, Salt Lake City Code,pertaining to crosswalk line be, and the same hereby is, amended to read as follows: 12.04.120 Crosswalk lines. "Crosswalk lines" means white pavement marking lines that identify a crosswalk. SECTION 4. That Section 12.04.235, Salt Lake City Code, pertaining to marked crosswalk be, and the same hereby is, enacted to read as follows: 12.04.235 Marked Crosswalk. "Marked crosswalk"means a crosswalk for which the lateral lines are marked upon the surface of the roadway. SECTION 5. That Section 12.04.595, Salt Lake City Code, pertaining to unmarked crosswalk be, and the same hereby is, enacted to read as follows: 12.04.595 Unmarked Crosswalk. "Unmarked crosswalk"means a crosswalk for which the lateral lines are not marked upon the surface of the roadway. SECTION 6. That Section 12.12.010, Salt Lake City Code, pertaining to obedience to traffic code be, and the same hereby is, amended to read as follows: 12.12.010 Obedience To Traffic Code Required: A. Unlawful Acts: It is unlawful for any person to: 1. Do any act prohibited by this Title; 2. Fail or refuse to do any act required by this Title; 3. Operate any vehicle in violation of any provision of this Title; or 5 4. Operate any vehicle unless such vehicle is equipped and maintained in compliance with this Title. B. Enhancement On Third Conviction: Upon a third conviction of any moving violation, whether the same violation or different violations, within the prior twelve (12)month period, such third violation is subject to enhancement equivalent to the fine set forth at Section 1.12.050, or its successor or as otherwise provided by law . C. Infraction And Misdemeanor Penalties: A person convicted of an infraction or a Class B misdemeanor, as provided in this Section, shall be punishable as provided by Section 1.12.050 of this Code, or its successor. SECTION 7. That Section 12.12.015, Salt Lake City Code,pertaining to obedience to civil traffic violations be, and the same hereby is, amended to read as follows: 12.12.015 Civil Traffic Violations: A. Civil violations: Any person guilty of violating any provision of this title shall be deemed guilty of a civil traffic violation, unless such offense is specifically designated as a Class B or Class C misdemeanor or an infraction. B. The following violations of this Title shall be Class B misdemeanors: 1. Sections 12.16.010 through 12.16.120, (a moving violation that would be a Class B misdemeanor in a criminal proceeding) except for Section 12.16.060; 2. Section 12.24.070 (alcoholic beverages in vehicles); 3. Section 12.24.080 (intoxicated person in or about vehicles); 4. Section 12.24.100 (driving under the influence of drugs or alcohol); 5. Section 12.24.120 (driving on denied, suspended or revoked license); 6 6. Section 12.52.350 (reckless driving); 7. Section 12.52.355B (Negligent Operation Causing Serious Bodily Injury or Death); 8. When any violation of this Title 12 occurs in conjunction with any of the violations listed above or in conjunction with any other criminal violation of this Code or of State or Federal law. SECTION 8. That Section 12.20.030, Salt Lake City Code, pertaining to misdemeanor citation when immediate appearance is not made be, and the same hereby is, amended to read as follows: 12.20.030 Misdemeanor Citation When Immediate Appearance Is Not Made: A. Upon any Class B misdemeanor violation of this Title, whenever a person is not immediately taken before a magistrate as provided in the preceding Section, the police officer shall prepare in triplicate or more copies, a misdemeanor citation, shall issue one copy of which to the person subject to arrest or prosecution, and shall, within five (5) days, file duplicate copies with the court specified in the citation. B. Each copy of the citation issued under authority of this Title shall contain: 1. The name of the court before which the person is to appear; 2. The name of the person cited; 3. A brief description of the offense charged; 4. The date, time and place at which the offense is alleged to have occurred; 5. The date on which the citation was issued; 7 6. The name of the peace officer or public official who issued the citation, and the name of the arresting person if an arrest was made by a private party and the citation was issued in lieu of taking the arrested person before a magistrate; 7. The time and date on or before and after which the person is to appear; 8. The address of the court in which the person is to appear; and 9. A notice containing substantially the following language: READ CAREFULLY This citation is not a complaint and will not be used as a complaint without your consent. If a complaint is filed you will be provided a copy by the court. You MUST appear on or before the time set in this citation. IF YOU FAIL TO APPEAR A COMPLAINT WILL BE FILED AND THE COURT MAY ISSUE A WARRANT FOR YOUR ARREST. C. Any person who wilfully fails to appear before a court pursuant to a citation issued under this Section is guilty of a misdemeanor, regardless of the disposition of the charge upon which such person was originally cited. SECTION 9. That Section 12.20.035, Salt Lake City Code,pertaining to civil violation citations be, and the same hereby is, enacted to read as follows: 12.20.035 Civil violation citation when immediate appearance is not made. A. Upon any civil violation of this title, the enforcement officer shall: (1)prepare in as many copies as may be needed, a civil violation citation, (2) shall issue one copy to the person subject to prosecution, and(3) shall, within five days, file duplicate copies or an electronic copy with the administrative enforcement office as specified in the citation. B. Each copy of the citation issued under authority of this title shall contain: 8 1. The name and address of the administrative enforcement office before which the person is to appear; 2. The name of the person cited; 3. A brief description of the violation charged; 4. The date, time and place at which the violation is alleged to have occurred; 5. The date on which the citation was issued; 6. The name of the enforcement officer who issued the citation; 7. The time and date on or before and after which the person is to appear; 8. A notice containing substantially the following language: CITATION AND NOTICE TO APPEAR You are required to pay or appear within 20 days from the date of this citation. Failure to follow the instructions on the back of the citation may result in increased costs, attorney fees and other penalties provided by law. SECTION 10. That Section 12.20.040, Salt Lake City Code, pertaining to violating promise to appear be, and the same hereby is, repealed. SECTION 11. That Section 12.24.012, Salt Lake City Code, pertaining to violation of restricted license be, and the same hereby is, amended 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 or endorsements 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. 9 • 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 or endorsements 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 12. That the title to Section 12.24.115, Salt Lake City Code, pertaining to civil violation for driving on a suspended license other than alcohol or controlled substance or state violation related be, and the same hereby is, amended to read as follows: as follows: 12.24.115 Civil Violation -Non-alcohol and non-controlled-substance-related driving prohibited while driving privilege denied, suspended, disqualified, or revoked: SECTION 13. That the title to Section 12.24.120, Salt Lake City Code,pertaining to alcohol or controlled substance or state violation for driving on a suspended license be, and the same hereby is, amended to read as follows: as follows: 12.24.120 Class B Misdemeanor-Alcohol and controlled-substance-related driving prohibited while driving privilege denied, suspended, disqualified, or revoked-Penalty: SECTION 14. That Section 12.28.010, Salt Lake City Code,pertaining to state vehicle inspections be, and the same hereby is, amended to read as follows: 12.28.010 State vehicle inspection required. No person shall drive, stop or park, nor shall any owner or person in possession cause or knowingly permit to be driven, stopped or parked on any street or alley within this city any 10 vehicle which is required under the laws of the state of Utah to be inspected, unless such vehicle has been inspected as required by the laws of the state. SECTION 15. That Section 12.28.020, Salt Lake City Code,pertaining to vehicle registration and license plates required be, and the same hereby is, amended to read as follows: 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; 3. Display in proper position two valid, unexpired registration plates, one on the front and one on the rear of such vehicle; and 2. 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. 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. 11 SECTION 16. That Section 12.28.090, Salt Lake City Code,pertaining to lights,brakes, and other equipment be, and the same hereby is, amended to read as follows: as follows: 12.28.090 Lights, brakes, and other equipment. A. No person shall drive, move, stop or park, nor shall the owner or person in possession cause or knowingly permit to be driven,moved, stopped or parked on any street or alley, any vehicle: 1. Which is in such unsafe condition as to endanger any person or property; 2. Which is not equipped with those serviceable lamps, reflectors, brakes, horn and other warning and signaling devices, windows, windshields,windshield wipers, mirrors, mufflers, fenders, tires, and other parts and equipment in the position, condition and adjustment meeting the requirements of the laws of the state as to such parts and equipment; 3. Which, when upon a street or highway, is operating more than four head lamps, auxiliary lamps and/or spot lamps on the front of such vehicle, each projecting a beam of an intensity greater than 300 candle power at any one time. 4. Which is of such size, weight or condition, or is loaded or equipped in such manner as is in violation of the laws of the state with respect to such vehicle. B. No person shall do any act forbidden or fail to perform any act required by the laws of the state relating to tires, lamps,brakes, fenders, horns, sirens, whistles,bells and other parts and equipment, and size,weight and load of any vehicle; provided, however, an authorized emergency vehicle may be equipped with and may display flashing lights which do not indicate a right or left turn. 12 C. Any motorcycle or motor-driven vehicle carrying a passenger on a public highway, other than in a side car or enclosed cab shall be equipped with footrests for such passenger. D. No person shall operate any motorcycle or motor-driven cycle with handlebars above shoulder height. E. No person under eighteen years of age shall operate or ride upon a motorcycle or motor-driven cycle upon a public highway unless such person is wearing protective headgear which complies with standards established by the State Commissioner of Public Safety. This subsection shall not apply to persons riding within a closed cab. SECTION 17. That Section 12.32.030 of the Salt Lake City Code, pertaining to Color Indications For Signals—Driver and Pedestrian Duties be, and is hereby repealed. SECTION 18. That Section 12.32.040 of the Salt Lake City Code, pertaining to flashing red or yellow signals be , and the same is hereby repealed. SECTION 19. That Section 12.32.045,pertaining to the meaning of vehicular signal indications—driver and pedestrian duties be, and is hereby enacted, to read as follows: 12.32.045 Meaning of Vehicular Signal Indications—Driver and Pedestrian Duties. A. The following meanings shall be given to highway traffic signal indications for vehicles and pedestrians. Yielding duties between drivers and pedestrians are further defined in Section 12.76.045 of this Title or its successor. 1. Steady green signal indications shall have the following meanings: a. Traffic, except pedestrians, facing a CIRCULAR GREEN signal indication may proceed straight through or turn right or left except as such movement is 13 • modified by lane-use signs, turn prohibition signs, lane markings, or roadway design. But vehicular traffic, including vehicles turning right or left, shall yield the right-of- way to other vehicles within the intersection, and to pedestrians, at the time such signal indication is exhibited. b. Traffic, except pedestrians, facing a GREEN ARROW signal indication, shown alone or in combination with another signal indication, may cautiously enter the intersection only to make the movement indicated by such arrow, or such other movement as is permitted by other signal indications shown at the same time. Such vehicular traffic shall yield the right-of-way to pedestrians and to other traffic using the intersection. c. Unless otherwise directed by a pedestrian signal,pedestrians facing any green signal indication, except when the signal indication is a turn arrow for a vehicular movement in conflict with the desired path of the pedestrian,may proceed across the roadway within any marked or unmarked crosswalk. 2. Steady yellow signal indications shall have the following meanings: a. Traffic, except pedestrians, facing a steady CIRCULAR YELLOW or YELLOW ARROW signal indication is thereby warned that the related green movement is being terminated or that a red signal indication will be exhibited immediately thereafter when vehicular traffic shall not enter the intersection. b. Pedestrians facing a steady CIRCULAR YELLOW or YELLOW ARROW signal indication, unless otherwise directed by a pedestrian signal, are thereby advised 14 that there is insufficient time to cross the roadway before a red signal indication is shown, and no pedestrian shall then start to cross the roadway. 3. Steady red signal indications shall have the following meanings: a. Vehicular traffic facing a steady CIRCULAR RED signal indication alone shall stop at a clearly marked stop line. If there is no stop line, traffic shall stop before entering the crosswalk on the near side of the intersection; or if there is no crosswalk, then before entering the intersection. Such traffic shall remain stopped until a signal indication to proceed is shown, or as provided below. Except when a sign is in place prohibiting a turn on red or a RED ARROW signal indication is displayed, vehicular traffic facing a CIRCULAR RED signal indication may enter the intersection to turn right, or to turn left from a one-way street into a one-way street, after stopping. Such vehicular traffic shall yield the right-of-way to pedestrians and to other traffic using the intersection. b. Vehicular traffic facing a steady RED ARROW signal indication shall not enter the intersection to make the movement indicated by the arrow, [except as described in the Option stated below in this subsection(A)(3)(b)] and, unless entering the intersection to make another movement permitted by another signal indication, shall stop at a clearly-marked stop line. If there is no stop line, said vehicular traffic shall stop before entering the crosswalk on the near side of the intersection, or if there is no crosswalk, then before entering the intersection, and shall remain stopped until a signal indication permitting the movement indicated by such RED ARROW is shown. 15 Option: Where turns are allowed on red and the signal indication is an arrow, a sign may be used to indicate that turns are allowed on red after stopping. c. Unless otherwise directed by a pedestrian signal, pedestrians facing a steady CIRCULAR RED or RED ARROW signal indication alone shall not enter the roadway. 4. Flashing signal indications shall have the following meanings: a. Flashing yellow - When a yellow lens is illuminated with rapid intermittent flashes, vehicular traffic may proceed through the intersection or past such signal indication only with caution. b. Flashing red - When a red lens is illuminated with rapid intermittent flashes, vehicular traffic shall stop at a clearly marked stop line. If there is no stop line, traffic shall stop before entering the crosswalk on the near side of the intersection. If there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering the intersection. The right to proceed shall be subject to the rules applicable after making a stop at a STOP sign. c. Flashing RED ARROW and flashing YELLOW ARROW signal indications have the same meaning as the corresponding flashing circular signal indication, except that they apply only to vehicular traffic intending to make the movement indicated by the arrow. d. Pedestrians facing a flashing red or yellow signal may proceed to cross the roadway in a crosswalk only after ascertaining that it is safe to do so and then only 16 with due caution. Vehicular traffic shall yield the right-of-way to pedestrians crossing a roadway at such intersections. B. In the event an official traffic-control signal is erected and maintained at a place other than an intersection, the provisions of this section shall be applicable except as to those provisions that by their nature have no application. Any stop required shall be made at a sign or marking on the highway pavement indicating where the stop shall be made, but in the absence of any sign or marking the stop shall be made at the signal. SECTION 20. That Section 12.32.050, Salt Lake City Code, pertaining to pedestrian "walk" and"don't walk" signals be, and the same hereby is, repealed. SECTION 21. That Section 12.32.055, pertaining to pedestrian signal indications, be, and is hereby enacted to read as follows: 12.32.055 Pedestrian Signal Indications. Whenever a pedestrian signal is in place and operating, the illuminated words or symbols shall indicate and govern pedestrians as follows: A. A steady white WALK or WALKING PERSON(symbolizing WALK) signal indication means that, exercising due caution, a pedestrian facing the signal indication may start to cross the roadway in the direction of the signal indication. B. A flashing orange DONT WALK or UPRAISED HAND (symbolizing DONT WALK) signal indication means that a pedestrian shall not start to cross the roadway in the direction of the signal indication,but that any pedestrian who has already started to cross on a steady white WALK or WALKING PERSON(symbolizing WALK) signal indication may complete crossing the roadway. 17 C. A steady orange DONT WALK or UPRAISED HAND (symbolizing DONT WALK) signal indication means that a pedestrian shall not enter the roadway in the direction of the signal indication. D. A COUNTDOWN CLOCK(displaying time in seconds remaining in the pedestrian crossing phase) in conjunction with the flashing orange UPRAISED HAND means that a pedestrian facing the signal indication may start to cross the roadway in the direction of the signal indication,but only if such pedestrian is able to safely walk completely across the street or to a safety island before the COUNTDOWN CLOCK shows no remaining time. SECTION 22. That Section 12.44.020, Salt Lake City Code, pertaining to overtaking and passing vehicles proceeding in same direction be, and the same hereby is, amended to read as follows: 12.44.020 Overtaking and passing vehicles proceeding in same direction. The following rules shall govern the overtaking and passing of vehicles proceeding in the same direction, subject to the following provisions: A. The driver of a vehicle, overtaking another vehicle proceeding in the same direction, shall pass to the left at a safe distance and may not again drive to the right side of the roadway until safely clear of the overtaken vehicle. B. The driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle and may not increase the speed of his or her vehicle until completely passed by the overtaking vehicle. C. On a road having more than one lane in the same direction, the driver of a vehicle traveling in a left lane shall, upon being overtaken by another vehicle in the same lane, yield to 18 the overtaking vehicle by moving safely to the right, and may not impede the movement or free flow of traffic in a left lane except: 1. When overtaking and passing another vehicle proceeding in the same direction under the rules governing this movement; 2. When preparing to turn left; 3. When reasonably necessary in response to emergency conditions; 4. To avoid actual or potential traffic moving onto the right lane from an acceleration or merging lane; or 5. When necessary to follow the highway direction signs that direct use of a lane other than the right lane. D. Violation of this section is a civil violation to be handled under Chapter 2.75. SECTION 23. That Section 12.44.130, Salt Lake City Code, pertaining to turning movements and signal requirements be, and the same hereby is, amended to read as follows: 12.44.130 Turning movements-Signal requirements. A. No person shall turn a vehicle at an intersection unless the vehicle is in a proper position upon the roadway, as required in Section 12.44.120, or its successor, or turn a vehicle to enter a private road or driveway, or otherwise turn a vehicle from a direct course, or move right or left upon a roadway unless and until such movement can be made with reasonable safety. No person shall turn any vehicle without giving an appropriate signal in the manner hereinafter provided. B. A signal of intention to turn right or left or to change lanes shall be given continuously for at least the last three seconds preceding the beginning of the turn or change. 19 C. Signals required on vehicles by Section 12.44.140, or its successor, shall not be flashed on one side only on a disabled vehicle; or as a courtesy or "do pass" to operators of other vehicles approaching from the rear; and shall not be flashed on one side only of a parked vehicle, except as may be necessary for compliance with this section. SECTION 24. That Section 12.52.355, Salt Lake City Code, pertaining to vehicle operation causing injury to person be, and the same hereby is, enacted to read as follows: 12.52.355. Negligent Operation Causing Personal Injury or Death. A. (1) "Serious bodily injury" means bodily injury that creates or causes serious permanent disfigurement,protracted loss, or impairment of the function of any bodily member or organ for longer than six months, or creates a substantial risk of death. (2) "Bodily injury" means injury not amounting to serious bodily injury. B. The operator of any vehicle who negligently fails to yield the right of way as required by any section of this title which failure is the direct proximate cause of serious bodily injury or death to any person, whether such injured or deceased person is a pedestrian or an occupant of a vehicle, shall be deemed guilty of a Class B misdemeanor. C. The operator of any vehicle who negligently fails to yield the right of way, as required by any section of this title, which failure is the direct proximate cause of bodily injury to any person, whether such injured person is a pedestrian or an occupant of a vehicle, shall be deemed guilty of a civil violation. Said violation shall be handled as provided by Chapter 2.75 of this Code. SECTION 25. That Section 12.56.030, Salt Lake City Code,pertaining to vehicle state inspection certificates be, and the same hereby is, repealed. 20 SECTION 26. That Section 12.56.100, Salt Lake City Code, pertaining to parking opposite traffic be, and the same hereby is, amended to read as follows. 12.56.100 Stopping or parking upon roadways . A. Except as otherwise provided in this section, every vehicle stopped or parked upon a two-way roadway shall be stopped or parked with the right-hand wheels parallel to and within twelve inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder. B. Every vehicle stopped or parked upon a one-way roadway shall be stopped or parked parallel to the curb or edge of the roadway in the direction of authorized traffic movement with its right-hand wheels within twelve inches of the right-hand curb or as close as practicable to the right edge of the right-hand shoulder or with its left-hand wheels within twelve inches of the left- hand curb or as close as practicable to the left edge of the left-hand shoulder. SECTION 27. That Section 12.76.020 of the Salt Lake City Code, pertaining to Pedestrian Rights Obedience to Traffic Control Signals,be, and the same is hereby repealed. SECTION 28. That Section 12.76.030,pertaining to right of way in crosswalks—vehicle requirements be, and the same hereby is, repealed. SECTION 29. That Section 12.76.040,pertaining to vehicles stopped at a crosswalk- parking prohibited be, and the same hereby is, repealed. 21 SECTION 30. That Section 12.76.045,pertaining to yielding the right-of-way at marked or unmarked crosswalks or at crosswalk entrance zones—driver and pedestrian duties be, and is hereby, enacted to read as follows: 12.76.045 Yielding Right-of-Way at Marked or Unmarked Crosswalks —Driver and Pedestrian Duties A. Driver Duties. 1. With regard to marked or unmarked crosswalks, vehicles shall yield the right-of- way to: (a) (i)pedestrians carrying a brightly colored flag customarily used by pedestrians in the City while crossing a street within a crosswalk; (ii)pedestrians using a white cane or a service animal customarily used by pedestrians having visual impairments; (iii)pedestrians using a wheelchair or similar wheeled mechanical, electrical or motorized vehicle customarily used by pedestrians having mobility impairments; (iv)pedestrians exhibiting clear and objective signs of impairment or infirmity of any kind, including,but not limited to, infirmity resulting from advanced age; and (b) all other pedestrians by slowing or coming to a complete stop while such pedestrian is within a marked or unmarked crosswalk and is in the vehicle's travel lane or adjoining lane. 22 2. Whenever a vehicle is slowing or stopped at a marked or unmarked crosswalk, all approaching vehicles traveling in the same direction as the slowing or stopped vehicle shall also slow or stop to verify that no pedestrian is within their travel lane or an adjoining lane in a marked or unmarked crosswalk. 3. A vehicle turning onto an adjacent roadway shall yield the right-of-way to pedestrians as explained in subsections 1 and 2 above. B. Increased penalty. 1. The civil penalty to be assessed against a person for each violation of subsection A1(a) of this section may be increased beyond the penalty ordinarily assessed for such violation, up to the maximum penalty provided by Section 1.12.050 of this code, or its successor. 2. The civil penalty ordinarily assessed for a violation of subsection A1(b) of this section may be increased for a second and for each subsequent violation within one (1) year of a previous conviction or forfeiture of penalty for a violation of said subsection. C. Pedestrian Duties. 1. Whenever traffic or pedestrian signals are in place and operation the illuminated indications shall govern pedestrians as explained in Sections 12.32.045 and 12.32.055 or their successors. At all other locations pedestrians shall be granted those rights and be subject to those restrictions stated in this Chapter. 2. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close as to constitute an immediate hazard. 23 SECTION 31. This ordinance shall take effect immediately upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah this 17th day of Saptember 2002, 2002. C2.,..,„/- CHAIRPERSON ATTEST: EF DEPUTY Y CORDER Transmitted to Mayor on September 17. 2002 • Mayor'.•Ns- =x ++.� Approved. Vetoed. /�;, " "t 94 i, r�� CrT�r ' 4 }� YOr „ 4 ,-, -S 1 �''�", � �.Loa~ ,•4 1TL V '"Vi.vt? 014/w\\.:>-.n CHIEF DEPUTY CI REC RDER (SEAL) Salt APPROVED AS TO FORM Lake C' omeye OffIce Date /0 O Bill No. 62 of 2002. By Published: October 4, 2002 ATTEST: C\Traffic Code Amendments 9-10-02 clean.doc 24