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067 of 2011 - Section 12.56.570 Provisions governing the dismissal & reduction of parking citation fees • 0 11-1 0 10-14 Ordinance No. 67 of 2011 (Amending Section 12.56.570,Salt Lake City Code, clarifying and revising provisions governing the dismissal and reduction of parking citation fees.) An ordinance amending Section 12.56.570 of the Salt Lake City Code, relating to the dismissal and/or reduction of parking citation fees. NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City, Utah, as follows: SECTION 1. That Section 12.56.570 of the Salt Lake City Code be amended as follows: 12.56.570: UNAUTHORIZED USE OF STREETS; APPEAL PROCEDURES: A. The mayor shall appoint such hearing officers as he or she deems appropriate to consider matters relating to the unauthorized use of streets. B. Any person having received notice of such unauthorized use, or the owner of any vehicle employed in such use, may appear before a hearing officer and present and contest such alleged unauthorized use. C. The burden to prove any defense shall be upon the person raising such defense. D. The hearing officer may find that no unauthorized use occurred and dismiss the ticket. E. If the hearing officer finds that an unauthorized use occurred but one or more of the defenses set forth in this section is applicable, the hearing officer may dismiss the notice of unauthorized use and release the owner or driver from liability thereunder. Such defenses are: 1. At the time of the receipt of the notice, possession of the subject vehicle had been acquired in violation of the criminal laws of the state; 2. If the notice of unauthorized use alleges a violation of any ordinance pertaining to a parking meter, such meter was mechanically malfunctioning to the extent that its reliability is questionable; 3. Compliance with the subject ordinances would have presented an imminent and irreparable injury to persons or property. 4. Parking notices for overtime parking at a meter or in a time restricted zone received by a city employee or guest while on official Salt Lake City business will be dismissed upon written request from the applicable department director or designee on official letterhead or by electronic mail. The request must be made within ten (10) days of receipt of the notice and must include a brief description of the reason for the request, and be submitted to: Salt Lake City Corporation, Traffic Manager, 333 South 200 East, P.O. Box 145499, Salt Lake City, Utah 84114-5499. Parking violations other than overtime parking and meter violations will not be dismissed in this manner. 5. Unlimited time parking by employees of other governmental entities on official business will be allowed at City meters and time restricted locations. In order to qualify, the vehicle must display a placard or sticker issued by Salt Lake City Parking Enforcement or the vehicle's license plate must be registered with Salt Lake City Parking Enforcement for enrollment in any license-plate recognition system used to regulate parking enforcement. Requests for placards must include a brief description of the reason for the request and be submitted to: Salt Lake City Parking Enforcement, PO Box 145552, Salt Lake City UT 84114- 5552. Requests for dismissals of other parking violations will be considered and should be submitted to: Salt Lake City Corporation, Traffic Manager, 333 South 200 East, P.O. Box 145499, Salt Lake City, Utah 84114-5499. 6. If the hearing officer finds that the owner of the vehicle is deceased but was living when the ticket was issued. 7. If the hearing officer finds that the vehicle was sold with the original license plates on, and the ticket was received prior to the sale, provided the sale is reported to the DMV and the bill of sale is provided within twenty (20) days of receipt of the parking notice. 8. If the hearing officer determines that the driver of a vehicle with a valid freight loading sticker was unable to find a freight loading zone and parked at a meter. The freight loading sticker must be properly displayed and the vehicle must not remain longer than the thirty (30) minutes authorized in a freight loading zone. Requests for dismissal must be made by the director or manager of the company within ten (10) days of the receipt of the notice and be submitted to: Salt Lake City Corporation, Traffic Manager, 333 South 200 East, P.O. Box 145499, Salt Lake City, Utah 84114-5499. F. If the hearing officer finds that an unauthorized use occurred but one or more of the defenses set forth in this section is applicable, the hearing officer may reduce the penalty associated therewith, but in no event shall such penalty be reduced below the sum of ten dollars ($10.00). Such defenses are: 1. At the time of receipt of the notice, possession of the subject vehicle had been acquired pursuant to the written lease agreement or similar written agreement; 2. The subject vehicle was mechanically incapable of being moved from such location; provided, however, such defense shall not apply to any vehicle which remains at such location in excess of six (6) hours; 3. Any markings, signs or other indicia of parking use regulation were not clearly visible or comprehensible; 4. At the time of receipt of notice for expired registration, the vehicle was registered but the sticker not displayed, or if the vehicle is registered within five (5) days of the expiration date. 5. At the time of the notice of violation a residential parking permit was valid but not properly displayed. 6. Such other mitigating circumstances as the hearing officer may find, with the written approval of the court's traffic manager, which must include the basis for the decision. A report on such decisions is to provided to the Mayor and City Council on a quarterly basis. G. If the hearing officer finds that an unauthorized use occurred and no applicable defense exists, the hearing officer may, in the interest of justice and on behalf of the city, enter into an agreement for the timely or periodic payment of the applicable penalty. H. If the penalty imposed pursuant to this chapter remains unsatisfied after forty (40) days from the receipt of notice, or ten (10) days from such date as may have been agreed to by the hearing officer, the city may use such lawful means as are available to collect such penalty, including costs and attorney fees. SECTION 2. This ordinance shall become effective upon fast publication. Passed by the City Council of Salt Lake City, Utah this 1st day of November 2011. 40_ ( 9Dve CHAIRPERSON EST: APPROVED AS TO FORM Jalt Luke Gi Attorney's Office Date Gt CITY RECOR By Transmitted to Mayor on I ( " Mayor's Action: Approved. eto.1i. Nf$il •MA 4 ' lift 'NI ` A e} 5n ess Y REC RDER CrTJ•,"+A,, (SEAL) `, �'�.4'+. Bill No. 67 of 2011. ; , g 'a`� 1 Published: ( t —Z.5 Z.01 1 y ,� ; ' Syr \�A_AT�`'', HB_ATTY-#19025-v1-1'arking_Enforcement_Ordinance_Amendment_-_Clean ,.+r'