066 of 2001 - enacting chapter 3.38 to provide for payment of property damage sustained by innocent third parties 0 01-1
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SALT LAKE CITY ORDINANCE
No. 66 of 2001
(Enacting New Chapter 3.38 of the Salt Lake City Code)
AN ORDINANCE ENACTING NEW CHAPTER 3.38 OF THE SALT LAKE CITY CODE TO
PROVIDE FOR PAYMENT OF PROPERTY DAMAGE SUSTAINED BY INNOCENT
THIRD PARTIES CAUSED BY LAWFUL POLICE ENFORCEMENT ACTIONS, IN
LIMITED CIRCUMSTANCES.
Be it ordained by the City Council of Salt Lake City,Utah, as follows:
SECTION 1. A new Chapter 3.38 of the Salt Lake City Code is hereby enacted to read as
follows:
Chapter 3.38
NO-FAULT POLICE CLAIMS
3.38.010 Short Title.
The ordinance codified in this chapter shall be known as the "No-Fault Police Claims
Ordinance."
Purpose.
It is the purpose of this chapter to compensate persons for property damage sustained as a
result of lawful police enforcement activities, regardless of fault,within the restrictions, and
limitations of this chapter
3.38.020 Definitions.
Unless the context specifically indicates otherwise, the following terms and phrases, as
used in this chapter, shall have the meanings hereinafter designated:
A. "City" means Salt Lake City Corporation, a political subdivision of the state.
B. "City attorney" means the city attorney or his/her designee.
C. "Person or applicant" means any individual, partnership, co-partnership, firm,
company, corporation, association,joint stock company, trust, estate, or any other legal entity
(except the United States Government or any of its agencies, the state and any of its political
subdivisions) or their legal representatives, agents, or assigns.
D. "Political subdivision" means any political subdivision of the state, including state
departments and agencies, cities, towns, counties, and school districts.
3.38.030 Administration and Establishment of Regulations.
The City Attorney may establish regulations sufficient to provide for the handling of such
claims and disbursements of those funds that are set aside for payment of claims under this
chapter.
3.38.040 Reimbursement—Application—Time Limitations.
All applications for reimbursement under this chapter must be submitted to the city
recorder within 180 days after the incident occurs.
3.38.050 Application—Investigation and Recommendations.
Applications received by the city recorder shall be referred to the City's Risk Manager. The
Risk Manager shall then forward the application to the police department for investigation and
recommendation. The City Attorney shall make a determination as to whether or not to pay,
under the criteria of this chapter. All payments authorized by the City Attorney shall be made
solely from funds to be set aside under this chapter.
Criteria for Payment.
A. The determination as to whether to make payments for loss under this chapter shall be
based on the following criteria:
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I. The eligible applicant suffered an otherwise uninsured property loss caused by
law enforcement activities, under circumstances where the applicant acted responsibly and non-
negligently to avoid the loss; and
2. The loss must be adequately substantiated;
3. There are budgeted and unencumbered funds available to pay the claim.
B. The following shall result in the denial of an application:
1. Application is not timely submitted;
2. Loss is fully covered by private insurance;
3. Applicant is ineligible under the terms of this chapter;
4. Loss was proximately caused by irresponsible or negligent act of the applicant
applicant's agent, or member of applicant's business or household;
5. Loss or eligibility is unsubstantiated.
6. The applicant knew or should have known that illegal activities where taking
place on their premesis.
C. The following shall result in reduction of payment:
1. Loss partially covered by insurance;
2. Loss exceeds funding limits or payment caps of this chapter;
3. Applicant did not cause the problem,but failed to act responsibly, and non-
negligently to minimize the loss.
3.38.060 Maximum Payments.
Payments under this chapter shall be limited bythe following restrictions:
A. One thousand dollars per applicant, per incident;
B. One payment per applicant,per year.
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C. The maximum funding limit of ten thousand dollars per fiscal year, regardless of the
number of claims involved.
3.38.070 Payment Does Not Imply Liability.
A. Any payment made under this chapter shall not be construed as an admission of nor
does it imply any negligence or legal responsibility on the part of the city for any purpose.
B. This chapter shall not in any way supersede, change, or abrogate the State
Governmental Immunity Act, or its successor, and its application to the city or establish in any
person a right to sue the city.
C. Any payment made under this chapter and accepted shall constitute a full and
complete release of any and all claims against the city, its officers, employees, and agents arising
from the incident.
3.38.080 Annual Budget Expenditure.
The police department is authorized to request the appropriations of sufficient funds, not
to exceed ten thousand dollars, to make the foregoing payments.
Claims from Other Governmental Agencies.
Notwithstanding any other provisions of this chapter,no application shall be accepted
from the United States or any of its departments or agencies, the state, or any of its political
subdivisions.
SECTION 2. This ordinance shall take effect immediately upon the date of its first
publication.
Passed by the City Council of Salt Lake City, Utah, this end day of
October , 2001.
72) (
CHAIRPFZSON_ l
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ATTEST:
•
CHIEF DEPUTY CITY RE ORDER
Transmitted to Mayor oon�n October 3, 2001
Mayor's Action: L7Approved ❑Vetoed
M OR
ATTEST: APPROVED AS TO FORM
Salt Lake City Attorneys Office
Date
CHIEF DEPUTY CITY RECORDER
(SEAL) t,
Bill No. 66 of 2001
Published: October 10, 2001 \ �RAPQSQ-
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