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088 of 1986 - NOT PUBLISHED, Amending of definitions, fees, and other rules. 0 86-1 / 77" 0 86-34 SALT LAKE CITY ORDINANCE No . 88 of 1986 AN ORDINANCE AMENDING CHAPTERS 1 AND 2 AND REPEALING CHAPTER 3 OF TITLE 100 RELATING TO ANIMALS AND FOWL; AMENDING CHAPTERS 2, 15, 17, AND 19 OF TITLE 2 RELATING TO AERONAUTICS; AMENDING CHAPTER 2 OF TITLE 6 RELATING TO UNUSED GRAVE LOTS ; REPEALING TITLE 7 RELATING TO CITY COURTS; REPEALING TITLE 10 RELATING TO DEVELOPMENT SERVICES ; REPEALING SECTION 9-4-4 RELATING TO ITINERANT ENTERTAINMENT; REPEALING SECTIONS 14-2-1 THROUGH 14-2-7 RELATING TO THE FIRE DEPARTMENT; AMENDING SECTION 15-2-3. 10 RELATING TO INSURANCE REQUIREMENTS FOR PUBLIC DISPLAY OF FIREWORKS ; REPEALING SECTIONS 17-1-5, 17-1-6, 17-1-7, 17-1-8 AND 17-3-7 RELATING TO THE BOARD OF HEALTH; REPEALING CHAPTER 1 OF TITLE 18 AND REINACTING IN PLACE THEREOF SECTION 18-1-1 AND REPEALING SECTIONS 4 THROUGH 13, 22 THROUGH 26 AND 33 THROUGH 36 OF CHAPTER 2, TITLE 18 RELATING TO HEALTH REGULATIONS ; AMENDING SECTION 18-2-14(2 ) (A) RELATING TO REFUSE CONTAINERS ; AMENDING SECTION 18-2-19 RELATING TO BEFOULING GUTTERS AND DITCHES PROHIBITED; REPEALING CHAPTERS 3 THROUGH 21 , 23 THROUGH 25, 27, 28, 30 AND 31 OF TITLE 18 RELATING TO MISCELLANEOUS HEALTH REGULATIONS ; REPEALING SECTIONS 1 THROUGH 33, 35 THROUGH 38, 41, 43, 45 THROUGH 48 AND 50 THROUGH 58 OF CHAPTER 25 OF TITLE 18 AND AMENDING SECTION 18-32-6 (A) RELATING TO HEALTH REGULATIONS ; AMENDING SECTIONS 19-1-6, 19-3-15, 19-4-3, 19-4-6, AND 19-4-12 AND REPEALING CHAPTER 6 OF TITLE 19 RELATING TO INTOXICATING LIQUORS; AMENDING SECTION 20-1-23 THROUGH 2O-1-32 RELATING TO BUSINESS AND REGULATORY LICENSE HEARINGS ; AMENDING SECTION 20-3- 11 RELATING TO BUSINESS LICENSE EXEMPTIONS ; AMENDING CHAPTER 4 OF TITLE 20 RELATING TO ADVERTISING ; AMENDING SECTION 20-7-10 RELATING TO EXAMINATION OF LICENSING INSTRUMENTS ; AMENDING CHAPTER 13 OF TITLE 20 RELATING TO PRIVATE DETECTIVES ; AMENDING CHAPTER 14 OF TITLE 20 RELATING TO RESTAURANTS ; AMENDING CHAPTER 20 OF TITLE 20 RELATING TO THEATRES AND CONCERTS ; REPEALING SECTIONS 20-25-3 AND 20-25-4 RELATING TO SALE OF MOTOR VEHICLES AND CLOSING OF MOTOR VEHICLE DEALERS ON SUNDAYS ; AMENDING SECTION 20-34-10 RELATING TO COSTUME REQUIREMENTS OF PROFESSIONAL DANCERS ; AMENDING CHAPTER 37 OF TITLE 20 RELATING TO ESCORT SERVICES; AMENDING CHAPTER 11 OF TITLE 24 RELATING TO CITY CONTRACTS ; AMENDING CHAPTER 12 OF TITLE 24 RELATING TO CONTRACTING FOR PROFESSIONAL SERVICES; AMENDING CHAPTERS 11 AND 11A OF TITLE 25 RELATING TO PERSONNEL ADMINISTRATION; REPEALING CHAPTER 21 OF TITLE 25 RELATING TO ADVISORY BOARDS ; AMENDING CHAPTER 27 OF TITLE 25 RELATING TO CAMPAIGN FINANCING DISCLOSURE ; AMENDING CHAPTER 1 OF TITLE 26 RELATING TO PENALTIES FOR VIOLATION OF ORDINANCES ; AMENDING TITLE 30 RELATING TO POLICE DEPARTMENT; AMENDING CHAPTER 1 OF TITLE 32 RELATING TO OFFENSES INVOLVING PERSONS AND PUBLIC PEACE ; AMENDING CHAPTER 2 OF TITLE 32 RELATING TO OFFENSES INVOLVING MORALS ; AMENDING CHAPTER 3 OF TITLE 32 RELATING TO OFFENSES INVOLVING PROPERTY; AMENDING CHAPTER 5 OF TITLE 32 RELATING TO GAMBLING AND GAMING; AMENDING -2- CHAPTERS 1 AND 2 OF TITLE 33 RELATING TO CITY OWNED PROPERTY; AMENDING CHAPTER 3 OF TITLE 38 RELATING TO SIDEWALK REGULATIONS ; AMENDING TITLE 41 RELATING TO STREETS AND BRIDGES; AMENDING TITLE 42 RELATING TO SUBDIVISIONS AND PLATTING; AMENDING TITLE 43 RELATING TO TAXICABS; AMENDING TITLE 44 RELATING TO AMBULANCES; AMENDING TITLE 46 RELATING TO TRAFFIC RULES AND REGULATIONS ; REPEALING TITLE 50 RELATING TO WEIGHTS, MEASURES AND PETROLEUM ; AND AMENDING TITLE 51 RELATING TO ZONING. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 100-1-1( 14) of the Revised Ordinances of Salt Lake City, Utah, relating to the definition of a kennel be , and the same hereby is , amended to read as follows : Sec . 100-1-1( 14 ) . Kennel . An establishment having three or more dogs for the purpose of boarding , breeding , buying , grooming , letting for hire, training for fee, or selling . SECTION 2. That Section 100-1-13 of the Revised Ordinances of Salt Lake City , Utah, relating to places prohibited to dogs be , and the same hereby is , amended to read as follows : Sec . 100-1-13. Places prohibited to dogs . ( 1) * * * (3 ) This section shall not apply to dogs provided for in Section 100-1-8 (2) ( a) , ( b) or ( c) , nor shall it apply to dogs owned by persons who are legal residents of the aforementioned watershed areas and which have been issued a permit by the Salt Lake City-County Health Department. -3- SECTION 3. That Section 100-1-28 of the Revised Ordinances of Salt Lake City, Utah , relating to regulatory permits be , and the same hereby is, amended to read as follows : Sec . 100-1-28. Regulatory permits . ( 1) (2 ) Display of permit. (3 ) Renewal of permit . (4 ) Permit fees. ( a) ( b) ( c) ( d) ( 5 ) Exemptions. ( 6 ) Inspections. All establishments required to be permitted under this ordinance , shall be subject to periodic inspections, and the inspector shall make a report of such inspection with a copy to be filed with the animal control department. SECTION 4. That Section 100-1-30 of the Revised Ordinances of Salt Lake City, Utah, relating to suspension or revocation of permits be, and the same hereby is, amended to read as follows : Sec . 100-1-30. Suspension or revocation of permit . ( 1 ) * * * (2 ) Procedure. If an inspection of kennels, catteries, groomeries , pet shops , ridinq stables , veterinary clinics or hospitals , reveals a violation of this ordinance, the inspector shall notify the permit holder or operator of such violation by -4- means of an inspection report form or other written notice. The notification shall : ( a) * * * (4 ) Emergency suspension. Notwithstanding the other provisions of this ordinance, when the inspecting officer finds unsanitary or other conditions in the operation of kennels, catteries , groomeries veterinary clinics or hospitals , riding stables, pet shops, or any similar establishments, which, in his judgment , constitute a substantial hazard to public health, he may without warning , or hearing , issue a written notice to the permit holder or operator citing such condition specifying the corrective action to be taken. Such order may state that the permit is immediately suspended and all operations are to be immediately discontinued . Any person to whom such an order is issued shall comply immediately therewith. Any animals at such facility may be confiscated by the animal control department and impounded or otherwise provided for according to the provisions of this ordinance. (5) * * * SECTION 5. That Section 100-2-7 of the Revised Ordinances of Salt Lake City, Utah , relating to Sportsman's permit be , and the same hereby is, REPEALED. -5- Sec . 100-2-7. Exemption from fees. Sec . 100-2-8. Animal shelter hours . SECTION 6. That Chapter 3 of Title 100 of the Revised Ordinances of Salt Lake City, Utah, relatinq to estrays be , and the same hereby is, REPEALED. SECTION 7. That Section 2-2-13 of the Revised Ordinances of Salt Lake City, Utah, relating to soliciting at the Airport be , and the same hereby is amended to read as follows : Sec. 2-2-13. Soliciting. Solicitinn or canvassing by any person for any purpose whatsoever shall be prohibited within the Airport , its buildings , and facilities , unless written permission is obtained from the Director. If an information card required by Ch-pter 17A of Title 20 of these Revised Ordinances is presented to the Director, the Director shall grant permission to conduct the solicitations at the Airport provided the information cardholder agrees to abide by reasonable rules and regulations adopted by said Director as authorized by section 2-2-14 of these revised ordinances. SECTION 8. That Section 2-2-15 of the Revised Ordinances of Salt Lake City, Utah, relating to advertisements at the Airport be, and the same hereby is, amended to read as follows : Sec. 2-2-15. Advertisements. No person shall post, distribute or display signs, advertisements, circulars, printed material or written matter at the Airport, without the written permission of the Director. This section shall not apply when -6- such distribution or displays are for religious, charitable or political purposes which events shall be controlled by Chapter 17A of Title 20 and by all other applicable provisions of these Revised Ordinances . SECTION 9. That Section 2-2-18 of the Revised Ordinances of Salt Lake City, Utah, relating to doqs at the Airport be , and the same hereby is, amended to read as follows : Sec . 2-2-18. Dogs. Dogs may be permitted at the Airport if controlled by a leash or other means which will secure the control thereof by the owner or person in charge of the same. No person shall bring a dog to the Airport except under complete control. No person while at the Airport shall allow any dog to escape from such person' s control . Any person bringing a dog at the Airport agrees to indemnify fully , defend and save and hold harmless the City , its officers, agents and employees from and aqainst all losses , damages , claims , liabilities and causes of action of every kind or character and nature, as well as costs and fees , including reasonable attorney' s fees connected therewith and expenses of the investigation thereof based upon or arising out of damages or injuries to third persons or their property caused by the negligence of such person. City shall qive to such person prompt and reasonable written notice of any such claim or action and such person shall have the right to investigate , compromise and defend the same to the extent of his or her own interest . -7- SECTION 10 . That Section 2-2-30 of the Revised Ordinances of Salt Lake City, Utah , relating to conditions for soliciting at the Airport be, and the same hereby is, amended to read as follows : Sec . 2-2-30. Conditions for soliciting at Airport. Any person , group or organization desiring to enga-e in solicitation of funds at any Airport owned by the City, which solicitation involves the exercise of activities which are constitutionally protected , including but not limited to the distribution of non- commercial , non-obscene or any other goods of whatever nature , in conjunction with a request for a donation, the sale of any such literature or other qoods , or the mere solicitation of funds , shall be allowed to engage in such activity provided that the following conditions are met : ( a) ( b) ( c) Such person, group or organization shall have first secured the information card required by Chapter 17A of Title 20 of the Revised Ordinances of Salt Lake City , Utah, 1965, as amended; and ( d) SECTION 11 . That Section 2-15-2 of the Revised Ordinances of Salt Lake City , relatinq to motor vehicle parking areas at the Airport be, and the same hereby is, amended to read as follows : -8- r Sec . 2-15-2 . Parking areas. ( a) Parking areas for motor vehicles shall be set aside for Airport employees and for the general public . No person shall park a motor vehicle or a trailer in any place at the Airport other than those areas designated by the Director. No person shall park a motor vehicle in an area designated as an employee parkin ' -t unless the said motor vehicle displays a currently effective employee parking sticker issued by the Director. For the purpose of this Chapter motor vehicles shall be defined by Section 46-1-22, Revised Ordinances of Salt Lake City , Utah, 1965, as amended , or its successor. ( b) * * * ( c) Tenants of T-hangars and shade hangars may park their motor vehicles in their own hangars when the aircraft is being f 1 own . (d) No person shall park a motor vehicle at the Airport in excess of seventy-two (72 ) consecutive hours unless such vehicle is parked in the public parking area or approval is given by the Director . (e) No person shall park a motor vehicle in an area designated as a public parking lot without paying the authorized rate for such parking lots. A schedule of parking rates shall be available in the Airport Authority Office of Finance and Administration. SECTION 12. That Section 2-17-1 of the Revised Ordinances -9- of Salt Lake City , Utah, relating to the declaration of policy of the Airport master plan be , and the same hereby is , amended to read as follows : Sec . 2-17-1 . Declaration of policy. The City Council finds that : ( a) Aircraft transportation of all kinds is rapidly accelerating and expanding in all its fields and requires and will require increasingly larger areas for landing facilities , terminal facilities, warehouse facilities, hangar and other facilities to accommodate such transportation; ( b) Salt Lake City International Airport and Airport II are situated in the center of the Great Intermountain West and as su-h will attract and serve an ever expanding aircraft transportation system and efforts are being made to increase the number of airlines using said Airports; (c) In order to meet the needs of the aircraft industry using said Airports , it is necessary that immediate steps be taken to enlarue said Airports and their facilities; (d) It is necessary that the City make plans for the enlargement of said Airports to provide the necessary accommodations and to protect the air space needed therefor; ( e ) It is further necessary to adopt a Master Plan which will define and fix the exterior boundaries of the area necessary for the orderly and convenient expansion of said Airport facilities in order to keep breast of the needs and requireents of the airport transportation industry which said Airports should and will serve. SECTION 13. That Section 2-19-8 of the Revised Ordinances -1 0- of Sa' t Lake City , Utah, pertaining to persons desiring to engage in pilot flight instruction be, and the same herey is, amended to read as follows : Sec . 2-19-8. Flight training . ( 1) Any person desiring to engage in pilot flight instruction shall as a minimum do the following : ( a) * * * (b) Enter into a lease in which the leasehold shall contain reasonable space which is adequate for operation of the business to be conducted . ( c) * * * ( d) Provide proof of insurance coverage in the form of a policy or a certificate of insurance , with a company or companies acceptable to the City, in the amounts established by Section 63- 30-34 Utah Code Annotated or its successor as maximum amounts for which a governmental entity may be held liable: A flight instructor using an aircraft which it does not own shall be in compliance with this Section if the aircraft owner carries insurance in type and amounts equal to or greater in coverage than the above, and the aircraft owner' s insurer names the flight instructor as a named insured on the aircraft owner' s insurance policy . Said policy or certificate of insurance shall be filed with the City, shall name Salt Lake City Corporation as an additional insured and shall contain a statement that in the event of -11- cancellation or material change in the policy the insurer will give thirty (30) days prior written notice to the City. The above coverages shall be increased when, in the opinion of the Mayor or his/her designee , such is warranted . ( 2 ) If the right to perform flight training on the Airport is granted to any person by permit agreement as stated in Section 2-19-1( e) , said person shall pay a fee of $100. 00 per year. If the person performing flight training is the owner (as the term "owner" is defined in Section 2-1-34 ) of the aircraft used in the performance of flight training the person performing flight training shall pay an additional fee of $100. 00 per aircraft per year for each aircraft used in the performance of fliqht training . Permittee will supply the Director a list of all aircraft with the corresponding FAA "N-number" for all owned aircraft to be used in the performance of flight training . Said fees will be paid prior to the issuance of the permit agreement. The payment of annual fees above will be increased or decreased by owned aircraft the permittee adds or may delete in the performance of flight training during the time said permit agreement is in place. Permittee shall be subject to all conditions of this section except space requirements as stated in paragraph ( 1) ( b) of this section . SECTION 14 . That Section 2-19-11( f) of the Revised Ordinances of Salt Lake City, Utah , relating to insurance requirements of persons desiring to provide an aircraft parts -12- house be, and the same hereby is, amended to read as follows : Sec. 2-19-11 . * * * (f) Provide proof of insurance coverage in the form of a policy or a certificate of insurance with a company or companies acceptable to the City , in an amount not less than $1 ,000, 000 combined single limit bodily injury liability and property damage liability. Said policy or certificate of insurance shall be filed with the City, shall name Salt Lake City Corporation as an additional insured and shall contain a statement that in the event of cancellation or material change in the policy the insurer will give thirty ( 30) days prior written notice to the City. The coverages as provided above shall be increased if , in the opinion of the Mayor or his/her designee, such is warranted . SECTION 15. That Section 2-19-1 ( i) of the Revised Ordinances of Salt Lake City , Utah, relating to insurance requirements of persons desiring to engage in aerial application operations be, and the same hereby is, amended to read as follows : Sec . 2-19-13 . ( i) Provide proof of insurance coverage in the form of a policy or certificate of insurance , written by an insurance company or companies acceptable to the City, in an amount not less than $5, 000,000 combined single limit bodily injury liability and property damage liability . -13- Said policy or certificate of insurance shall be filed with the City, shall name Salt Lake City Corporation as an additional insured and shall contain a statement that in the event of cancellation or material change in the policy the insurer will give thirty ( 30) days prior written notice to the City. The coverages as provided above shall be increased if , in the opinion of the Mayor or his/her designee, such is warranted . SECTION 16. That Section 2-19-14 ( c) of the Revised Ordinances of Salt Lake City , Utah, relating to insurance requirements of persons desiring to engage in commercial flight services be, and the same hereby is, amended to read as follows : Sec . 2-19-14. Commercial flight service . (1 ) Any person desiring to engage in the commercial flight services shall do as a minimum the following : ( a) Provide at least one person having a current pilot certificate with appropriate ratings for the aircraft to be f 1 own . ( b) Provide at least one properly certificated aircraft owned or leased in writing to the lessee which is maintained according to the standards of a commercial operation under the appropriate FAR. ( c) Provide proof of insurance coverage in the form of a policy or a certificate of insurance , written by a company or companies acceptable to the City , for all aircraft owned or leased by lessee in amounts not less than $1, 000, 000 combined -1 4- single limit bodily injury liability and property damage liability and not less than $100, 000 per seat passenger liability. Said policy or certificate of insurance shall be filed with the City, shall name Salt Lake City Corporation as an additional insured and shall contain a statement that in the event of cancellation or material change in the policy the insurer will give thirty ( 30) days prior written notice to the City. The coverages as provided above shall be increased if, in the opinion of the Mayor or his/her designee, such is warranted . (2 ) If the right to perform commercial flight service on the Airport is granted to any person by permit agreement as stated in Section 2-19-1( e) , said person shall pay a fee of $100. 00 per year. If the person performing a commercial flight service is the owner (as the term owner is -lefined in section 2- 1-34 ) of the aircraft used in the performance of a commercial flight service , the person performing a commercial flight service shall pay an additional fee of $100. 00 per aircraft per year for each aircraft used in the performance of a commercial flight service. Permittee will supply the Director a list of all aircraft with the corresponding FAA "N-number" for all owned aircraft to be used in the performance of commercial flight service. Said fees will be paid prior to the issuance of the permit agreement. The payment of annual fees above will be increased or decreased by owned aircraft the permittee adds or -1 5- may delete in the performance of commercial flight service during the time said permit agreement is in place. Permittee shall be subject to all conditions of this section except space require- ments as stated in paragraphs 1 ( b) and ( c) of this section. SECTION 17 . That Section 2-19-16 (m) of the Revised Ordinances of Salt Lake City, Utah, relating to insurance requirements of persons desiring to engage in complete fixed base operations .be , and the same hereby is , amended to read as follows : Sec . 2-19-16 . (m) Provide insurance coverage written with an insurance company or companies acceptable to the City in amounts not less than $2 , 000, 000 combined single limit bodily injury liability and $2, 000, 000 hangar keepers liability insurance . Said policy or certificate of insurance shall be filed with the City , shall name Salt Lake City Corporation as an additional insured and shall contain a statement that in the event of cancellation or material change in the policy the insurer will give thirty ( 30) days prior written notice to the City. The above levels of coverage shall be increased if , in the opinion of the Mayor or his/her designee, such is warranted . SECTION 18. Section 2-19-17(h) of the Revised Ordinances of Salt Lake City , Utah, relating to insurance requirements of flying clubs be , and the same hereby is, amended to read as follows : -1 6- Sec . 2-19-17. (h) Insurance required . Each aircraft owned by the flying club must have liability insurance coverage in amounts not less than $1 ,000, 000 combined single limit bodily injury liability and property damage liability and not less than $100, 000 per seat passenger liability . Certificates of such insurance coverage shall be filed with the Director and the policy shall contain a provision whereby such insurance may be cancelled only after q ivi ng 30 days written notice to the Director . The above levels of coverage shall be increased if, in the opinion of the Mayor or his/her designee , such is warranted . SECTION 19. That Section 6-2-14 of the Revised Ordinances of Salt Lake City, Utah, relating to unused cemetery lots be , and the same hereby is enacted as follows : Sec . 6-2-14. Unused lots. If , for a period in excess of sixty years and one day of purchase of any cemetery lot, the grantee , or persons claiming through the grantee , ( a) have not used portions of the lots or parcels for purposes of burial and have not provided for the care of the lots or parcels beyond that uniformly provided for all lots of the cemetery, and during the sixty-year period have not given the City Sexton written notice of any claim or interest in the lots or parcels ; or ( b) have not used a portion of the lots or parcels for purposes of burial and have not kept the lots - parcels free of -17- weeds or brush, but have allowed it to remain entirely unimproved for more than twenty years , and such lots or parcels are located in a portion of the cemetery such that they adjoin or are adjacent to improved parts of the cemetery and by reason of their unimproved conditions detract from the appearance of the cemetery , or interfere with the cemetery' s harmonious improvements, or furnish a place for _growth of weeds and brush, the city may , by following the procedures set forth in Section 8- 5-1 , Utah Code Ann . , 1953, as amended , or its successor, demand of the grantee or persons claiming through the Grantee , either ( i) that they file with the City Sexton a written notice of claim or interest in and to the lots or parcels accompanied by evidence of their claim within fifty days after service of a copy of notice of demand or ( ii) that they keep the premises clear of weeds and in a condition of harmony with other adjoining lots. SECTION 20. That Title 7 of the Revised Ordinances of Salt Lake City , Utah, relating to City Courts be, and the same hereby is REPEALED. SECTION 21. That Section 9-4-4 of the Revised Ordinances of Salt Lake City, Utah , relating to itinerant entertainment be , and the same hereby is, REPEALED. SECTION 22. That Title 10 of the Revised Ordinances of Salt Lake City, Utah , relating to Development Services be , and the same hereby is, REPEALED. SECTION 23. That Sections 14-2-1 through 14-2-7 of the -18- Revised Ordinances of Salt Lake City , Utah, relating to Fire Department general provisions be , and the same hereby are , REPEALED. SECTION 24. That Section 15-2-3. 10 of the Revised Ordinances of Salt Lake City, Utah, relating to insurance requirements for public display of fireworks be, and the same hereby is , amended as follows : Sec . 15 -2-3 .10 . Fireworks. Sec. 78 .102. ( a) (b) (1 ) * * * (2 ) (3 ) Insurance required . No person or entity shall be issued a permit for the public display of fireworks unless he/she shall have liability insurance in a sum established by Section 63-30-34 Utah Code Annotated, 1953, as amended , or its successor, as maximum amounts for which a governmental entity may be held liable naming Salt Lake City Corporation as an additional insured . A certificate of insurance showing proof of the required covera P shall be on file with the City Recorder' s office prior to final permission being granted by the Mayor and issued by the Chief pursuant to this article. SECTION 25. That Section 17-1-5 of the Revised Ordinances of Salt Lake City , Utah, relating to abatement of nuisances, 17- -19- 1-6 relating to fly control , 17-1-7 relating to rodent control , 17-1-8 relating to health violations and 17-3-7 relating to registrar of vital statistics be, and the same hereby are REPEALED. SECTION 26. That Chapter 1 of Title 18 of the Revised Ordinances of Salt Lake City, Utah, relating to contagious diseases be, and the same hereby is REPEALED and in place thereof Sections 18-1-1 and 18-1-2 relating health regulations are reinacted , as follows : Sec . 18-1-1 . Authority to prescribe rules and requlations. Until otherwise provided under Salt Lake City ordinances, the Salt Lake City-County Health Department is authorized to prescribe such rules and regulations as it may deem necessary for the protection of life and public health. The rules and r-qulations of the Health Department as have presently been adopted and as currently exist are hereby adopted by reference by the City, three copies of which shall be filed for use and examination by the public in the office of the Recorder of Salt Lake City. Sec . 18-1-2 . Violation of health regulations. Violation of any of the rules and regulations adopted by the Health Department to carry out the purposes of the foregoing section, shall be punished with the same penalties prescribed in Section 100-13-601 or its successor, of the Health Department Uniform Ordinances, a copy of which is on file in the Salt Lake City Recorder' s office . -2 0- SECTION 27. That Sections 4 through 13 , 22 through 26, and 33 through 36 of Chapter 2 of Title 18 of the Revised Ordinances of Salt Lake City , Utah, relating to garbage and refuse be, and the same hereby are REPEALED. SECTION 28. That Section 18-2-14 (2 ) (a) of the Revised Ordinances of Salt Lake City, Utah, relating t- refuse containers - specifications be, and the same hereby is amended as follows : Sec . 18-2-14. (1) (2) (a) Plastic bags must be 2 mil thick or greater, have a maximum capacity of 30 gallons and weigh not more than 50 lbs . when filled . However, if such plastic bags are used only for leaves , such bags may be a minimum of 1 . 5 mil in thickness. SECTION 29. That Section 18-2-19 of the Revised Ordinances of Salt Lake City, Utah, relating to befouling gutters and ditches be and the same hereby is amended as follows : Sec . 18-2-19. Befouling gutters and ditches prohibited. It shall be unlawful for any person to sweep into or deposit any rubbish or refuse in any gutter or ditch within the city limits . SECTION 30. That Chapters 3 through 21 , 23 through 25, 27, 28, 30 and -1 of Title 18 of the Revised Ordinances of Salt Lake City , Utah, relating to miscellaneous health regulations be, and the same hereby are REPEALED. -21- SECTION 31 . That Sections 1 through 33, 35 through 38, 41 , 43, 45 through 48, and 50 through 58 of Chapter 25 of Title 18 of the Revised Ordinances of Salt Lake City, Utah, relating to miscellaneous health regulations be , and the same hereby are REPEALED. SECTION 32. That Section 18-32-6 (a) of the Revised Ordinances of Salt Lake City, Utah, relating to household solid waste removal be, and the same hereby is amended to read as follows : Sec . 18-32-6. Household Solid Waste Containerization and Removal . (a) All residents located in any area in which collection is by Salt Lake City shall have sufficient container capacity to accommodate their normal volume of solid waste between collections. Containers shall be either metal cans or weather- resistant plastic bags manufactured specifically for use in garbage and refuse collection. Plastic bags shall have a minimum twenty gallon capacity , shall not contain glass items or other sharp objects , and , except as provided in section 18-2-14 (2) ( a) of this title, shall have a 2. 0 mil thickness. Waste contained in paper sacks , wooden boxes , barrels or pasteboard cartons shall not be removed by the City until properly contained . SECTION 33. That Section 19-1-6 of the Revised Ordinances of Salt Lake City , Utah, be, and the same hereby is amended to read as follows : -22- Sec . 19-1-6. Nuisance. For purpose of this Title, "nuisance" means any room, h use , building , structure , place or licensed premises, where: ( 1) Alcoholic beverages are manufactured , sold, kept, bartered , stored , given away or used contrary to the liquor control act of Utah or this title, or where persons resort for drinking alcoholic beverages contrary to the liquor control act of Utah or this title; or ( 2 ) Persons under the age of twenty-one are permitted to purchase or drink beer ; or ( 3 ) Laws or ordinances are violated by licensee or his agents or patrons which the consent or knowledge of licensee upon such premises which tend to affect the public health, peace or morals ; or ( 4 ) Intoxicated persons are permitted to loiter about in such a way as to annoy, injure or endanger the comfort , repose , health or safety of another person or persons, or which loitering in any way renders another person or persons insecure in life or use of property. SECTION 34. That Section 19-3-15 of the Revised Ordinances of Salt Lake City, Utah , relating to entertainer regulations be , and the same hereby are amended to read as follows : Sec . 19-3-15. Entertainer regulations. It shall be unlawful and shall constitute an offense of strict liability for -23- any owner, operator, manager, lessee or licensee, or any agent, employee or person acting with the consent of such owner , operator, manager, lessee or licensee of any place of business licensed to sell beer in Salt Lake City, to allow or permit any dancer, entertainer or other person to appear in or on said place of business naked or so clothed as to expose in any way the buttocks , genitals , pubic area, or any portion of the areola or nipple of the female 'breast of sairl dancer , entertainer or other person. It shall also be unlawful and constitute an offense of strict liability for any such dancer or entertainer or other person to appear in said place of business naked or so clothed as to expose at any time of appearance the buttocks , genitals , pubic area or any portion of the areola or nipple of the female breast. Violations of provisions of this chapter shall be grounds for suspension or revocation of the license or licenses of the establishments where violations occur . SECTION 35. That Sections 19-4-3 and 19-4-6 of the Revised Ordinances of Salt Lake City, Utah, relating to liquor consumption licenses be, and the same hereby are amended to read as follows : Sec . 19-4 -3 . License application. Application for a liquor consumption license shall be upon a form furnished by the city , signed under oath by the applicant, and addressed to the mayor. The form shall require information showing applicant' s age, -2 4- citizenship, moral character and reputation and conviction of a felony or misdemeanor involving moral turpitude , if any. If the applicant is a partnership or association or a corporation, the same information shall be obtained on all corporate officers . Each licensee must be over the age of twenty-one years and of good moral character. No license shall be granted to any applicant who has been convicted of a felony or misdemeanor involving moral turpitude. If any applicant is a partnership , association or corporation, each partner, association member or corporate director or corporate officer shall meet all of the foregoing qualifications. Sec . 19-4 -6. Periodic inspection of premises. The police department and the license department shall be permitted to have access to all premises licensed or applying for license under this chapter at all times when the premises is open for business , and shall make periodic inspections of said premises and report its findings to the mayor. E cept for emernency situations or where consent has been obtained , entrance upon the non-public portions of commercial property must be pursuant to search warrant. SECTION 36. That Section 19-4-12 of the Revised Ordinances of Salt Lake City, Utah, relating to entertainer regulations be , and the same hereby is, amended to read as follows : Sec . 19-4-12. Entertainer regulations. It shall be unlawful and constitute a violation of strict liability for any -25- owner, operator, manager, licensee, lessee, or any agent of said business licensed for the sale or consumption of liquor on the premises in Salt Lake City to allow or permit any dancer, entertainer or other person to appear in or on said place of business naked or so clothed as to expose in any way the buttocks , genitals, pubic area , or any portion of the areola or nipple of the female breast of said dancer, entertainer or other person . It shall be unlawful and constitute an offense of strict liability for any such dancer or entertainer or other person to enter said place of business naked or so clothed as to expose at any time of appearance the buttocks , genitals, pubic area or any portion of the areola or nipple of the female breast. violation of this chapter shall be grounds for suspension or revocation of the license or licenses of the establishments where violations occur . SECTION 37. That Chapter 6 of Title 19 of the Revised Ordinances of Salt Lake City, Utah, relating to civil treatment of alcoholics be, and the same hereby is, REPEALED. SECTION 38. That Sections 20-1-23 through 20-1-32 of the Revised Ordinances of Salt Lake City, Utah relating to the revocation or suspension of licenses be , and the same are hereby , amended as follows : Sec . 20-1-23. License hearings . Hearings to consider the revocation, suspension, approval , or denial of licenses issued by -2 6- Salt Lake City Corporation shall be held by or at the direction of the Mayor of Salt Lake City. Notwithstanding the provisions of any other ordinance pertaining to hearings before the Mayor for the suspension or revocation of licenses said hearing may be held either before the Mayor or before any hearing examiner who has been appointed by the Mayor, upon the advice and consent of the City Council , to conduct such hearings. Sec . 20-1-24. Revocation, suspension, or denial of licenses. The licensee shall be responsible for the operation of the licensed premises in conformance with the ordinances of Salt Lake City Corporation. Any business or regulatory license issued pursuant to the provisions of any ordinance of Salt Lake City may be suspended or revoked , and any application for any business or requlatory license or for renewal of any business or regulatory license may be denied , by the Mayor or the designated hearing examiner for a period of time not to exceed one year after a hearing held before the Mayor or at the Mayor' s direction, upon a finding by the Mayor or designated hearing examiner of a violation or conviction of the licensee, operator, agent or any person of any of the following violations : ( a) (d) These violations shall not limit, but shall be addition to , other grounds for the suspension or revocation of any license as -) 7- provided for by ordinance. The foregoing provisions of this section 20-1-24 notwithstanding , nothing herein shag - authorize a revocation or suspension of any license of any theatre, motion picture house or concert hall based on a prior conviction or violation of exhibiting or distributing obscene material . Sec . 20-1-25. Procedure for suspension, revocation , or denial of a license . Any suspension, revocation or denial of a license issued pursuant to the ordinances of Salt Lake City shall not be imposed until a hearing is first held before the Mayor or any hearing examiner appointed by the Mayor. Reasonable notice of the time and place of said hearing , together with notice of the nature of charges or complaint against the licensee , premises, or applicant sufficient to reasonably inform the licensee or applicant and enable him/her to answer such charges and complaint, shall be served upon the licensee or applicant personally or by mailing a copy to the licensee or applicant at his/her last known post office address. All witnesses called at such hearings shall be sworn by a person duly authorized to administer oaths and a record of such hearing shall be made by a recordinq or a court reporter. A licensee or applicant shall have the right to appear at said hearing in person or by counsel or both, present evidence , present argument on the licensee' s or applicant' s behalf , cross examine witnesses , and in all proper ways defend the licensee' s or applicant' s position. The Mayor or a designated hearing -28- examiner shall make a ruling and decision based upon the evidence presented at such hearin an shall issue or adopt written findings of fact and conclusions of law in appropriate cases and issue a written order or decision . Sec . 20-1-26. Hearing examiners. The Mayor may appoint one or more hearing examiners upon the advice and consent of the City Council and the Mayor or any hearing examiner shall have power and authority to call , preside at and conduct hearings to consider the suspension, revocation, denial or approval of licenses issued by Salt Lake City Corporation includinq the power to examine witnesses and receive evidence, compel the attendance of witnesses, and compel the production of documents . Sec . 20-1-27. Hearings held before a hearing examiner . At the conclusion of any hearinq held before a hearing examiner to consider the status of licenses or license applications as provided in Section 20-1-25 hereof , or its successor , the hearing examiner shall issue or adopt written findings of fact and conclusions of law and an order which is based upon and supported by the evidence presented at said hearing . Such findings , conclusions and order shall have full force and effect upon filing with the City Recorder and shall be binding upon all parties as of the date and time of such filing. The City and the licensee or applicant shall have thirty days from the date of filing of said findings , conclusions and order of a hearing examiner to appeal such to the Mayor. -29- Sec . 2 0-1-2 8. Orders by the Mayor. ( a) Upon the filing of an appeal with the Mayor' s office within the thirty day period set forth in Section 20-1-27 of these ordinances , or its successor , the Mayor , in his/her discretion, may take further evidence or may further review the matters presented at the hearing before the hearinq examiner or may simply adopt the findings and conclusions and affirm the order of the hearing examiner. In the event the Mayor takes f>>rther evidence or further considers the matter, the Mayor may issue new findings and conclusions and a new order which may or may not be in conformity with the findinos , conclusions and order of the hearinq examiner. All findings , conclusions and orders entered by the Mayor shall be final . Appeal to the Mayor within the proscribed period as set forth hereinabove and the issuance of a final order by the Mayor shall be a condition precedent to any court action which may be filed against the City as a result of any action taken by the City under this chapter. ( b) In the event the hearing examiner, or the Mayor in the case of an appeal , institutes a sanction of suspension, probation , revocation , or denial of a license , such sanction shall apply to the licensee or applicant, the licenses issued by the City and to the pre ises in question for the full term of the imposed sanction. Sec . 20-1-2 9. New license application. It shall be unlawful for any person, firm, corporation or any agent , manager -3 0- or operator of any person, corporation or firm who has had a license suspended , revoked or denied by the Mayor or the Mayor' s designated hearing examiner to reapply for or obtain a license whihc has been so suspended , revoked or denied during the time that said license has been revoked , suspended or denied or for a period of one year, whichever is less. Sec . 20-1-30. Investigation by the Mayor or his designee. The Mayor or his designee may, prior to the issuance of any license required by this chapter, investigate any applicant for a license under this chapter if it has reasonable cause to believe that said applicant ( a) has filed an application which is incomplete, erroneous , nr false in any respect ; or ( b) fails in any respect to qualify to do business in the City under any federal, Utah State or Salt Lake City law , rule or regulation; or ( c) has committed such act or acts as may be grounds for revocation or denial of a license application under this chapter. The Mayor or his designee may compel the production of documents and witnesses in order to conduct such investigation as provided by this section. Upon a finding by the Mayor or the designated hearing examiner that the application is in fact incomplete, erroneous or false in any respect or that the applicant is not qualified to do business in the City under any federal , Utah State or Salt Lake City law, rule or regulation or -31- that the applicant has committed an act or acts which would justify denial of the application under this chapter, said application may be denied by the Mayor or the designated hearing examiner after hearing as provided in this chapter . Sec . 20-1-31 . Subpoena. ( a) ( b) * * * ( c) Failure by any person without adequate excuse to obey a subpoena served upon him may be deemed a contempt of the Mayor . Sec . 20-1-32. Severability clause. If any part of the ordinances of this chapter or the application thereof to any person or circumstances, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid , such judgment shall not affect, impair or invalidate the remainder of this ordinance or the application thereof to other persons and circumstances, but shall be confined in its operation to the section , subdivision , sentence or part of the section and the persons and the circumstances directly involved in the controversy in which such judgment shall have been rendered. It is hereby declared to be the intent of the Mayor that this section would have been adopted if such invalid section, provision, subdivision, sentence or part of the section or application has not been included . SECTION 39. That Section 20-3-11 of the Revised Ordinances of Salt Lake City, Utah relating to business license exemptions be, and the same is hereby , amended as follows : -3 2- Sec . 2 0-3-11. ( a) No license fee shall be imposed under this chapter upon any person ( 1) engaged in business for solely religious, charitable, eleemosynary or other types of strictly non-profit purpose who is tax exempt in such activities under the laws of the United States and the State of Utah; (2 ) engaged in a business specifically exempted from municipal taxation and fees by the laws of the United States or the State of Utah; (3 ) engaged in a business operated under the supervision of the Division of Exposition of the Utah State Department of Development Services and located exclusively at the Utah State Fairgrounds during the period of the annual Utah State Fair; or (4) not maintaining a place of business within Salt Lake City who has paid a like or similar license tax or fee to some other taxing unit within the State of Utah, and which taxing unit exempts from its license tax or fee, by reciprocal agreement, businesses domiciled in Salt Lake City and doing business in such taxing unit. ( b) Reciprocal agreement. The Mayor may, with approval of the City Council of Salt Lake City, enter into reciprocal agreements with the proper officials of other taxing units, as may be deemed equitable and proper in effecting the exe ption provided for in paragraph ( a) of this section. Nothing in this section shall preclude the City from reviewing and investigating a business license application under such a reciprocal agreement and requiring payment of regulatory fees or other fees or taxes -33- imposed by any other provisions of the ordinances of Salt Lake City, in the discretion of the City Council . SECTION 40. That Chapter 4 of Title 20 of the Revised Ordinances of Salt Lake City, Utah, relating to advertising be , and the same hereby is amended as follows : Sec . 20-4-1. Banners over streets prohibited. It shall be unlawful for any person to construct, erect or maintain any streamers , banners or signs , or t^ suspend the same over any public street or alley of Salt Lake City without conforming to the provisions of the City' s sign regulations, Chapter 7 of Title 51 of these revised ordinances, or its surressor. Sec. 20-4-2. Street distribution of commercial advertising matter prohibited . Sec . 20-4-3 . All street advertising prohibited in central business district . * * * Sec . 20-4 -4 . Street civic-type advertising allowed under permit in other districts. It shall be unlawful for any person , firm , corporation, association or organization to advertise by the use of printed sians, posters, placards or other advertising media, upon the streets and sidewalks of Salt Lake City , except in accordance with Title 51, Chapter 7, sign regulations , of these revised ordinances. Sec . 20-4 -5. Interference with posted media prohibited . It shall be unlawful for any person , firm, corporation , association or organization to willfully cause to be done or do any act which -34- would interfere with the posting of advertising matter under a privilege lawfully granted , or despoil , mar , deface , tear , mark or remove any such advertising matter while legally posted . Sec. 20-4-6. Outdoor advertising -- license required . * Sec . 20-4 -7. Outdoor advertiser defined . Sec. 20-4-8. Name of outdoor advertiser to be on bill . * Sec . 20-4-9. Motor bus advertising . License required . * Sec . 20-4-10. Motor bus advertising defined . Sec. 20-4-11. Advertising by balloons, kites, and airplanes. It shall be unlawful for any person, company or corporation to advertise by means of any balloon, kite , glider , airplane or other aerial device suspended in the air or moored to a stationary object within the corporate limits of Salt Lake City unless in compliance with Title 51, Chapter 7 of these ordinances , nr its successor. Powered flight and free flight advertising shall be granted only when the petitioner shall , in advance , obtain approval from the Federal Aeronautics Administra- tion and comply with all applicable ordinances of Salt Lake City and post the insuran-e required in Section 20-4-16 of these ordinances, or its successor. 20-4 -12. Insurance required . No permit shall be issued pursuant to Section 20-4-11 until written application therefor -3 5- has been made to the mayor and filing with the city recorder a certificate of insurance naming Salt Lake City as an additional insured in the minimum of $1 , 000, 000 per person and per accident. 20-4-13. Id. Revocation and reissuance of license. In addition to any other penalties prescribed by the ordinances of Salt Lake City, any violation of the above section pertaininq to failing to file insurance shall subject the licensee to a revocation of his license after hearintJ and notice by the mayor , and no license shall be issued to any person whose license has been revoked hereunder for a period of one year from the date of such revocation. Sec . 20-4 -14. False or fraudulent advertising prohibited . * * * Sec. 20-4 -15. Deceptive and misleading advertising . Seconds . * * * Sec . 20-4-16. Dealers not disclosing true character. * * * SECTION 41. That Section 20-7-10 of the Revised Ordinances of Salt Lake City, Utah, relating to examination of licensing instruments be, and the same hereby is amended as follows : Sec. 20-7-10. Examination of licensing instruments. All weights, measures or computing instruments used by the licensee shall be inspected and examined and thereafter sealed and marked in accordance with the laws of Utah. SECTION 42. That Chapter 13 of Title 20 of the Revised -3 6- Ordinances of Salt Lake City , Utah, relating to private detective and security guard be and the same hereby is amended as follows : Chapter 13 PRIVATE DETECTIVE Sections : Sec . 20-13-1 . License required . ( 1) * * * ( 2 ) No license shall be issued for any private detective license unless the licensee has complied in all respects with the provisions contained in this chapter. Sec . 20-13-4 . Bond required . Each application for a license shall be accompanied by a corporate surety bond in the amount of one thousand dollars, executed by a surety company authorized to do business in the State of Utah and conditioned that the person applying for the license will comply with all of the laws and ordinances regulating the business of a private detective and all lawful requirements made by the City Council and shall pay all damages occasioned to any person by reason of any misstatement, misrepresentation, fraud , or deceit of the licensed person, his agent or employee , or which may result from any other violation of law ordinance in carrying on the business licensed . Sec . 20-13-5. License fee. The annual license fee for a -37- private detective license shall be based upon a fee of thirty dollars per employee per annu or any part thereof for each individual employee. For the purpose of computing the license only, the term "employee" shall mean the average number of employees the private detective employs on jobs located in Salt Lake City. In addition to the above fee , each individual employee shall pay a fee to be determined by the mayor or his designated appointee , but not to exceed fifteen dollars , and shall have complied with all provisions in this chapter except 20-13-4, or its successor . Sec . 20-13-6. Issuance of license . Upon the written application of the chief of police filed with the Mayor, the application for a license shall be granted or denied by the Mayor who may act upon such recommendation and such other information which they may have concerning the applicant. Sec. 20-13-7. Prohibition on issuance of license. No license shall be issued to any person who is under the age of twenty-one years. No license shall be issued to any person who has been convicted of a felony by any State or United States court , or who has been convicted anywhere of an act or acts which if done in Utah would constitute an assault, theft, larceny , unlawful entry , extortion, buying or receiving stolen property , unlawfully using or possession or carrying weapons or burglar' s tools , or having been guilty of an escape from lawful custody or of a crime or crimes involving moral turpitude, or who has been -38- convicted in any other state of acts which if done in Utah would be a felony , unless the Mayor of Salt Lake City shall first make a determination that issuance of a license to such an individual would not be against the public interest. No license shall be issued to any person who shall make any false statement in his application for a private detective' s license, and any false statement shall be grounds for immediate revocation of any license issued hereunder. SECTION 43. That Chapter 14 of Title 20 of the Revised Ordinances of Salt Lake City , relating to restaurants be , and the same hereby is amended enacting Section 20-14-1 . 2 as follows : Sec . 20-14-1 . 2. Food booth. Food booth means a temporary restaurant operating in the form of a booth from which food or drink is prepared , served or offered for sale or sold for human consumption during a licensed and approved event for a period not to exceed 7 days. All provisions of this chapter shall apply to food booths except for section 2 0-14-7. SECTION 44. That Sections 20-14-9 and 20-14-14 of the Revised Ordinances of Salt Lake City , relating to restaurants be, and the same hereby are REPEALED and Sections 20-14-12 and 20-14 - 15 be, and the same are hereby amended as follows : Sec. 20-14-12. Offensive behavior prohibited. It shall be unlawful for the keeper, manager or person in charge of any restaurant or public dininry room to permit any person to conduct -3 9- himself or herself by word or act therein or in any room , booth or other place connected therewith, in such manner as to constitute disturbing the peace, disorderly conduct, or public nuisance under these revised ordinances or to constitute an offense involving morals under Chapter 2 of title 32 of these revised ordinances. It shall be unlawful to permit any dancer , entertainer, or other person to appear in or on said place of business naked , as 'efined by Chapter 2 of Title 32 of these ordinances, or its successor, or so clothed as to expose in any way the buttocks , genitals, pubic area , or any portion of the nipple or areola of a female breast of said dancer, entertainer, or other person . Sec . 20-14-15. Certain acts not allowed in restaurants. It shall be unlawful for any person licensed under the provisions of this chapter to permit any person to solicit any act of prostitution or sexual conduct as defined in Chapter 2 of Title 32 of these ordinances or to solicit sexual conduct for hire. Nor shall any person licensed under the provisions of this chapter permit in any such place of business any vulgar, obscene, gross , indecent or immoral act , conduct , or disorder , or any sexual conduct as defined in Chapter 2 of Title 30 of these ordinances , or its successor . SECTION 45. That Section 20-20-11 of the Revised Ordinances of Salt Lake City, relating to revocati-n -r suspension of a -40- theatre or concert hall license be, and the same hereby is amended as follows : Sec . 20-20-11. Revocation or suspension of a license . The licensee shall be responsible for the operation of the li^ensed premises in conformance with the ordinance of Salt Lake City Corporation. Upon a finding by the Mayor of Salt Lake City of a violation, after hearing before the Mayor or his designee, or upon conviction of the licensee, operator, agent , or any person of the following violations occurring in or on the premises licensed pursuant to this chapter, the Mayor may revoke or suspend the .license or licenses covering the businesses conducted on such premises , regardless of the ownerhsip thereof, for a period of time up to and including one year: ( a) ( f) The foregoing provisions of this section 20-20-11, or its successor , notwithstanding , nothing herein shall authorize a revocation or suspension of any license of any theatre, motion picture house or concert hall based on a prior conviction or violation of exhibiting or distributing obscene material . SECTION 46. That Section 20-25-3 of the Revised Ordinances of Salt Lake City, Utah, relating to sale of motor vehicles on Sundays and Section 20-25-4 of the Revised Ordinances of Salt Lake City , Utah, relating to Sunday closing of motor vehicle dealers be , and the same hereby REPEALED. -41- SECTION 47. That Section 20-34-10 of the Revised Ordinances of Salt Lake City, Utah relating to costume requirements of professional dancers be, and the same hereby is, amended as follows : Sec . 20-34-10. ( a) * * * (b) Notwithstanding the provisions of any other ordinance of Salt Lake City , it shall be unlawful for a professional dancer to appear in any establishment during a performance or appearance, with less than opaque clothing which covers and conceals the buttocks , genitals, pubic area, and in the case of a female dancer, the entire nipple and areola of the ' reasts of said performer. ( c) (d) ( e) SECTION 48. That Section 20-37-4 of the Revised Ordinances of Salt Lake City, Utah, relating to escort services be , and the same hereby is amended as follows : Sec. 20-37-4. It shall be unlawful for any person to either act as an escort or escort service runner without obtaining an individual license. Each applicant for a license shall be required to pay a $10. 00 licensing fee per year. The applicant shall appear in person before the City License Assessor and shall complete the application form in writing The application shall -42- include the name and address of the applicant, the name of the escort service for which the applicant works , the applicant' s criminal record , if any , and such other information as may reasonably be required by the License assessor pertaining to verifying personal identification and criminal history of the applicant. Upon receipt of the fee and application, the License Assessor shall transmit said application to the Police Department, which department shall make inquiry concerning the applicant' s character and background and report whether or not in its opinion the license should be granted . If the Police Department recommends the license be denied , the License Assessor shall not issue the license. If the applicant desires a hearing , the applicant shall apply to the Mayor for a public hearinq within ten days after denial of the lciense . No license shall be granted if the applicant, or any employee of the applicant has been convicted of a misdemeanor involving moral turpitude, or a felony . No license shall be granted if the applicant is a person under the age of 21 , and it shall be unlawful for any person under the aqe of 21 to either act as an escort or escort service runner as provided in this chapter. SECTION 49. That Chapter 11 of Title 24 of the Revised Ordinances of Salt Lake City, Utah , relating to City contracts be, and the same hereby is amended to read as follows : Sec. 24-11-1. Contract validity and execution . ( 1) -4 3- ( 2 ) Contract procedures. No contract may become valid or is binding a ainst the City until : ( a) the contract has been reduced to writing; (b) the City has received certification from its Department of Finance that funds are lawfully available within budgeted appropriations to fulfill the City' s financial obligations thereunder; ( c) where appropriate , there are appropriate certifications of compliance with federal contract or grant assurances and the documents are approved as to form by the City Attorney ; (d) the contract has been executed by the Mayor or his/her designee authorized to sign in a prior adopted written executive order; and ( e) the said signature has been attested by the City Recorder. Sec . 24-11-2 . Insurance and bonds. When directed by the Mayor, Council, City Attorney or required by State statute or City ordinance, insurance certificates and permit, performance and/or materialmen' s bonds shall be provided to the Recorder in a form and in amounts approved by the City Attorney . Such documents, when required , are conditions precedent to the City executing a contract. Such bonds or insurance shall : ( 1) name the City as an additional insured; (2 ) where cancelable , provide that no cancellation thereof may be made without first giving the City at least thirty days p 4 written notice ; and (3) be in sums sufficient to fully protect the City and its interests. All corporate guarantors or sureties shall be licensed to do business in the State of Utah, and shall be sound and reputable firms , as -44- determined acceptable by the City Attorney. Sec . 24-11-3. Materialmen' s and performance bonds . ( 1) The contractor shall be required to post performance and materialmen' s bonds ; provided, however, that if the estimated construction cost is under $5, 000 and in the opinion of the City Engineer or the Chief Procurement Officer , as efined in Section 24-11-4 (a) hereof , or its successor, and the City Attorney , the cost of requiring the bond( s) will exceed the risk nr '-enefit to the City , the City may waive the bonding requirement. (2 ) Services nr supplies. The Chief Procurement Officer shall have the authority to require a performance bond , before a contract is entered into to purchase or acqui ^ supplies or services, in such amount as he/she shall find reasonably necessary to protect the best interests of the City . Sec . 24-11-4 . Purchasing supplies and certain services. ( a) "Chief Procurement Officer" means the procurement official or officials as designated by the Mayor or an authorized designee of said procurement official or officials . ( b) The City' s Chief Procurement Officer shall order and purchase supplies and contractual services needed by the City or any of its departments or divisions, including the office of the Mayor , in accordance with City ordinance and such policies and procedures adopted by the Chief Procurement Officer for the internal management and operation of said purchasing function . Any purchase order or contract made contrary thereto shall be -45- void and not binding against the City. Sec . 24-11-5. Requisition and estimates. All City agencies and departments, either by or with the authorization of the head of the department under which the using agency or department operates, shall file with the Chief Procurement Officer detailed requisitions or estimates of their requirements of supplies and contractual services in such manner, at such times and for such future periods as the Chief Procurement Officer shall presc ribe. A using agency or department shall not be prevented from filing at any time with the Chief Procurement Officer a requisition or estimate for any supplies and contractual services , the need for which was not foreseen when the detailed estimates were filed . The Chief Procurement Officer shall examine each requisition or estimate and shall have the authority to revise it as to quantity, quality , or estimated cost . Sec. 24-11-6. Prohibition of interest. Any purchase order or contract within the purview of this ordinance, in which the Chief Procurement Officer or any officer or employee of the city is financially interested , directly or indirectly, shall be void , except that before the execution of a purchase order or contract the Mayor shall have the authority to waive in writing compliance with this section , if he/she finds such action to be in the "est interest of the City and justifies in writing the reasons therefore , which waiver and written justification shall be filed with the City Recorder and Council and become a public record . -4 6- Sec . 24-11-7. Competitive bidding supplies and services. ( 1 ) Supplies and services. All purchases of and contracts for obtaining supplies or contractual services shall be based wherever possible on competitive bids. However, when not in conflict with State law , the Chief Procurement Officer may waive this competitive bidding requirement when: ( a ) The cost of the supplies or services is negligible in relation to the costs of purchase by bid; ( b) the supplies nr services are available from a sing le source or bidding procedures are otherwise deemed unlikely to produce a competitive bid; or ( c) circumstances indicate that bidding on the supplies or services will not be in the best interest of the City. ( 2 ) Sec . 24-11-8. Formal bid procedure. Except as otherwise provided in City ordinances , all supplies and contractual services whose estimated cost shall exceed $10 , 000. 00, shall be purchased by written purchase order contract from the lowest responsible bidder, after notice inviting competitive sealed bids , competitive sealed proposals or multi-step bids has been made by the City. Sec . 24-11-9. Informal written quotation procedure. All purchases of supplies and contractual services between the estimated values of $500 and $9, 999 may be made in the open market, without advertising and without observing the above -4 7- procedure; however : ( a) * * * (b) The Chief Procurement Officer shall solicit bids by a direct mail request to prospective vendors and/or by telephone ; and ( c) The Chief Procurement Officer shall keep a record of all informal written bids submitted in competition thereon, and such records shall be open to public inspection. Sec. 24-11-9A. Telephone quotations and small purchases . All purchases of supplies and contractual services of less than the estimated value of $500.00 may be made by soliciting telephone quotations and , at the discretion of the Chief Procurement Officer , may be made without solicitation of such telephone quotations if, in his/her opinion, one or more of the following conditions exist : ( 1) The cost of the requested supplies or services is negliqible in comparison to the cost of solicitinq telephone quotations ; and/or ( 2 ) An urgent need exists for the supplies or services requested , and/or ( 3 ) The supplies or services are available from a single source ; and/or ( 4 ) Solicitation of telephone quotations is unlikely to produce competitive quotations ; and/or ( 5 ) Other circumstances dictate that solicitation of -48- telephone quotations is not in the best interest of the City. Sec . 24-11-10. Notice by mail or phone. The Chief Procurement Officer may advertise all pending purchases by mailinq appropriate notices to appropriate vendors and/or by soliciting said vendors by telephone. Sec . 24-11-11. Rejection of bids. The Chief Procurement Officer shall have the authority to reject all bids, parts of all bids , or all bids for any one or more of the supplies or contractual services included in the solicitation, when the public interest will be served thereby. Sec. 24-11-12. Award or contract. The Chief Procurement Officer shall have the authority to award contracts within the purview of his/her authority as provided in this chapter. Sec. 24-11-13. Lowest responsible bidder . ( 1) * * * (2 ) Not in limitation of any criterion above mentioned , no low bidder will be considered the lowest responsible bidder, if at the time his or its bid is submitted : ( a) there is pending or threatened litigation involving said bidder in which a claim is made that said bidder provided or furnished materially defective workmanship or materials to the City and/or that the bidder failed to substantially comply with bid specifications or contract terms and conditions ; ( b) on construction projects , the City Engineer certified that in the opinion of said Engineer there exist reasonable cause to believe the claims a-ainst the -4 9- bidder are correct; or ( c) on other contractual matters, the Chief Procurement Officer certifies that there exist, in the opinion of said officer, reasonable cause to believe that the claims against the bidder are correct . Sec . 24-11-14 . Award to other than low bidder . When the award is not given to the lowest bidder, a statement of the reasons therefore shall be prepared by the involved department head and sent to and approved by the Chief Procurement Officer or the City Engineer, or their respective designees as appropriate, and filed with the other papers related to the transaction . Sec . 24-11-15. * * * Sec. 24-11-16. Emergency purchases. ( 1) (2 ) In case of an actual or apparent emergency which requires immediate procurement of supplies or contractual services , the Mayor , department heads , or other authorized personnel , may approve at the lowest obtainable price, the purchase of any supplies or contractual services regardless of the amount of the expenditure. If required by the Chief Procurement Officer , a full report of the circumstances of an emergency purchase shall be filed by the department with the Chief Procurement Officer and shall be open to public inspection . ( 3 ) The Chief Procurement Officer shall prescribe by policies and procedures under which emergency purchases may be made. Sec . 24-11-17. Inspection. The Chief Procurement Officer, -50- City Engineer, or their respective designees ( as appropriate) , shall inspect or supervise the inspection of all deliveries of supplies or contractual services to determine their conformance with the specifications set forth in the order or contract. The said officer or engineer shall have the authority to authorize using agencies or department having the staff and facilities for adequate inspection to inspect all deliveries made to such using aqencies under the policies and procedures which he/she shall prescribe. Sec . 24-11-18. Tests. The Chief Procurement Officer, City Engineer , or their respective designee (as appropriate) , shall have the authority to require chemical and physical tests of samples submitted with bids and samples of deliveries which are necessary to determine their quality and conformance with the specificati(-ns. In the performance of such tests, the said officer or City Engineer shall have the authority to make use of laboratory facilities of any agency, the City government or of any outside laboratory . Sec . 24-11-19. Cooperative purchasing . It is the policy of the City to maximize the public benefit and minimize ^rsts, which results are often served by joint purchasing . Therefore, the Chief Procurement Off irer shall have the authority and is encouraged to join with other units of government in cooperative purchasing plans , when the hest interests of the City would be served thereby. -51- SECTION 50. That Chapter 12 of Title 24 of the Revised Ordinances of Salt Lake City, Utah, relating to contractinq for professional services be, and the same hereby is amended as follows : Sec . 24-12-1 . Professional services. ( 1) Policy. It shall be the policy of the Salt Lake City Corporation to negotiate agreements for professional services on the basis of demonstrated competence and qualification for the type of services required , at fair and reasonable fees. It shall further be the policy of the City to publicly announce all requirements for professional services when it is estimated that the total cost for said services will be in excess of $10, 000. ( 2 ) Definition. Professional Services means services rendered by an independent contractor who has specialized knowledge, training and experience in a particular field. The word "professional" implies professed attainments in special knowledge resulting from prolonged and specialized intellectual training , as distinguished from mere skills. Such services may include but are not limited to research, development, design, construction , and alterations as well as incidental services that members of these professions and those in their employ may logically or justifiably perform, including but not limited to : studies, investigations, surveys , evaluations, consultations, planning , programming , conceptual designs , plans and specifications, development, cost estimates, inspections, and -52- other related services. Sec . 24-12-2 . Notice and solicitation. [11 Prior to the award of any contract for such professional services for which the cost is estimated to exceed $10, 000, the City shall publicly solicit and encourage qualified individuals or firms (hereinafter applicants) engaged in the lawful practice of the desired professional services to submit statements of current qualifications and performance data for consideration for contract award . ( 2 ) For each project in which a contract for such professional services is contemplated , the City shall make a solicitation and give a notice of the work opportunity to the relevant professional association as determined by the department head or division manager requesting such services and by the Chief Procurement Officer . In addition, the City will publish at least once in one newspaper of general circulation in Salt Lake County a notice and invitation to submit a statement of qualifications and interest, not less than seven days prior to the date said statement is due . Said statement shall provide the information identified in Section 24-12-3. Sec . 24-12-3 . Selection. Except as hereafter provided , the responsible department head shall select a minimum of three applicants for interview purposes from among those applicants respondinq to the notice and solicitation ; however , if three or -53- less responses are received, all shall be interviewed. The City shall prepare a Scope of Work Statement, detailing as completely as possible the specific project contemplated, all work to be performed by the selected applicant, and the time frame within which the work is to be accomplished. In the event the Scope of Work Statement should require modification, the City shall notify immediately all applicants to be interviewed by proper addendum. In making selections for interviewing purposes, the following factors and any other factors deemed relevant by the Scope of Work Statement shall be considered: (1) * * * (8) After completing the foregoing evaluation, a preference rankinq shall be established from among applicants interviewed. Thereafter, negotiations for contract purposes may be initiated with the top ranked applicant. Sec. 24-12-4. * * * Sec. 24-12-7. Contract fees. (1) Fixed fee contracts are to be used unless justification exists for an alternate method of compensation. Contract fees shall be arrived at on the basis of (a) a definitive Scope of Work Statement, as prepared by the City, (b) the proposed period of performance, and (c) attendant -54- r manpower, material , and service estimates. (2 ) Industry or professional fee schedules or curves , either formally or informally developed , are to be used for comparative purposes only ; they shall not be used as a basis of justification of any fees proposed by an applicant. Professional contract fees shall not be established on the basis of an estimated percentage of completion costs; such fees may be established on a cost plus basis only when the above-referenced (' efinite data is developed and included in the contract and a maximum fee ceiling established . ( 3 ) * * * Sec . 24-12-8. Exceptions. The above requirements do not apply to the following types of contracts : ( a) Sec . 24-12-9. Contract award . All awards for professional service contracts, includinq those involving fees under $10,000 shall be made by the Mayor, upon recommendation of the responsible department head an"' after such contracts have been reviewed and approved , as to form , by the City Engineer, or the Chief Procurement Officer and City Attorney, or his/her designee. However, no contract shall be valid or binding on the City until the applicable formalities provided in City ordinance and State law have been completed . Sec. 24-12-10. Contracts under $10, 000. For all -55- professional ser-ice contracts for which the estimated cost is less than $10, 000, the department head or division manager requesting the professional services shall , in conjunction with the Chief Procurement Officer , establish a selection process to obtain the needed professional services at a reasonable cost to the City. The selection procedure shall be reviewed and approved by the Director of Finance prior to solicitation for the professional services. The Director of Finance shall be responsible for certifying to the Mayor that the selection process and its implementation have procured the necessary professional services for the City at a reasonable cost. SECTION 51. That Chapter 11 of Title 25 of the Revised Ordinances of Salt Lake City , Utah, 1965, as amended , relating to personnel administration be , and the same hereby is, amended as follows : Sec . 2 5-11-1 . * * * Sec . 25-11-8. Repealed . Sec. 25-11-9. 2 5-11-1 2. Repeal ed . Sec . 25-11-13. * * * Sec . 25-11-16. Lay-offs. Unless modified by a collective bargaining agreement, Whenever it is necessary to reduce the -56- number of employees in any city department because of lack of work or lack of funds, the city shall wherever possible attempt to minimize lay-offs by re-adjustment of personnel throuqh reassignment of duty in other departments. Whenever layoffs are necessary , emergency , temporary and probationary employees performing essentially the same duties shall be laid off first . Permanent employees shall be the last to be laid off, in inverse order of the lenqth of service of employees in the same ;ob classification performing the same job functions and duties. SECTION 52. That Chapter 11A of Title 25 of the Revised Ordinances of Salt Lake City, Utah, 1965 as amended , relating to personnel director and personnel management be , and the same hereby is, amended by repealing Section 25-11A-11. SECTION 53. That Chapter 21 of Title 25 of the Revised Ordinances of Salt Lake City , Utah, relating to advisory board be, and the same hereby is repealed . SECTION 54. That Section 25-27-6 of the Revised Ordinances of Salt Lake City, Utah, relating to campaign financial disclosure be, and the same hereby is amended as follows : Sec. 25-27-6. Financial statements. Filina dates . ( 1 ) Except as otherwise provided in subsection ( 3 ) of this section, each political committee and personal campaign committee shall file with the City Recorder a verified financial statement containing the information required herein on the following dates: -57- ( a) On the 5th day prior to any election; ( b) On the loth day of December of the year of the election for which the political committee or personal campaign committee was formed; and ( c) On the fifteenth day of February of every year; (2 ) The statement shall contain all expenditures and contributions within the reporting period . The closing date for each statement shall be the date on which the statement must be filed . Each financial statement shall contain: ( a) ( b) ( c) The name and address of each contributor contributing over $25, and the date on which each of such contribution was received; ( d) (3 ) Other than the annual report required by subsection 25- 27-6( 1) ( c) of this section , no committee is required to file the financial statement specified in subsection ( 1) of this section if it made no expenditures durinq the calendar year ending December 31 . ( 4 ) Within thirty days after distribution of any surplus and/or payment or compromise of all debts, a political cc ittee or personal campaign committee shall file a termination report with the city recorder. The termination report shall state the -58- name and address of any person who received surplus, the name and address of any person to whom any debt was paid or compromised and a certification by the secretary that the committee has permanently ceased operations. In the event a political committee or personal compaign committee intends that a termination report shall be included as part of the annual report required by subsection 25-27-6 (1 ) (c) of this section, or its successor , it shall so state in said annual report . ( 5 ) The requirements of this chapter shall not be construed to abrogate the necessity of complying with any other reporting or disclosure required by the law. SECTION 55. That Section 25-27-11 of the Revised Ordinances of Salt Lake City , Utah, relating to campaign financial disclosure be , and the same hereby is amended as follows : Sec . 25-27-11. Penalties. ( 1) The name of a candidate shall not be printed on, or if already printed shall be removed from, the official ballot for the ensuing election unless the statements of contributions and expenditures relating to the candidate have been filed by the candiate or the candidate' s personal campaign committee as required by this ordinance . ( 2 ) It shall be unlawful to administer the oath of office, or to issue a certificate of election to any can' ,date for the offices of Mayor or Councilmember until the candidate' s personal campaign committee has filed the financial disclosure statements -59- as required by this act, which statements shall be complete upon their face and show compliance to the provisions herewith, and no person shall enter upon the duties of the office until the personal campaign committee has filed the required statements , nor shall any salary or fees be received by that person for a period prior to the filing of the statements . ( 3 ) It shall be a misdemeanor punishable as provided by Chapter 1 of Title 26 of these ordinances , or its successor , for any person to fail to file any report specified in this ordinance or to knowingly or willfully falsify or omit any information required by any of the provisions of this ordinance. SECTION 56. That Section 25-27-12 of the Revised Ordinances of Salt Lake City , Utah, relating to campaign financial disclosure be , and the same hereby is REPEALED. SECTION 57. That Section 26-1-8 of the Revised Ordinances of Salt Lake City, Utah, 1965, as amended , relating to penalty for violation of ordinances, be, and the same hereby is, amended as follows : Sec . 26-1-8. Penalty for violation of ordinance. Any person convicted of violating any provision of any ordinance in these revised ordinances, or ordinances hereafter enacted , shall be guilty of a Class B misdemeanor unless otherwise specified in said ordinance, or interpreted by the court as a Class C misdemeanor or infraction, and shall be punished as follows : ( a) In the case of a Class B misdemeanor, by a fine in any -60- sum not exceeding one thousand dollars ( $1 , 000) or by imprison- ment for a term not longer than six months , or by both such fine and imprisonment. ( b) In the case of a Class C misdemeanor, by a fine in any sum not exceeding five hundred dollars ($500) or by imprisonment for a term not longer than ninety ( 90 ) days , or by both such fine and imprisonment . ( c) In the case of an infraction, by a fine in any sum not exceeding five hundred dollars ($500 ) . (d) The sentence to pay a fine, when imposed upon a corporation , association or partnership, for a Class B misdemeanor shall be in any sum not exceeding five thousand dollars ($5,000 ) . ( e) The sentence to pay a fine, when imposed upon a corporation, association or partnership, for a Class C misdemeanor or infraction, shall be in any sum not exceeding one thousand dollars ( $1,000 ) . ( f) A prosecution of a corporation, association, or partnership, as an entity, shall not preclude prosecutions of individuals responsible for the actions of said entities and shall not preclude a separate fine or imprisonment or both for those individuals , as well as a separate fine for the business entity. SECTION 58. That Title 27 of the Revised Ordinances of Salt Lake City, Utah, 1965, relating to zoological an' a iary -61- departments be, and the same hereby is amended to repeal Section 27-4-1. SECTION 59. That Title 30 of the Revised Ordinances of Salt Lake City, Utah, 1965 as amended , relating to the police department, be, and the same hereby is, amended repealing Sections 30-1-1 through 30-1-9, 30-1-11 through 30-1-18, 30-1-21 through 30-1 -2 5, repealing Chapters 3, 4, and 7, and amending Sections 30-1-29 and 30-1-31 as follows : Sec . 30-1 -2 9. Fees. ( 1 ) Any individual seeking access and review of his or her own personal criminal history record shall be charged a service fee of $5. 00 per record search. Any non- state non-criminal justice agency or other person entering into a User' s Security and Privacy Non-Disclosure Agreement with Salt Lake City Corporation or its designated a-ent shall be charged a service fee set by the Mayor not to exceed $50. 00. (2 ) Any person 65 years of age or over shall be exempt from the payment of the fees required by this section. Sec . 30-1-31. Miscellaneous fees . (1 ) The Chief of Police shall charge and collect in advance fees set by the Mayor not to exceed fifty dollars for the following services : fingerprinting , I. D. cards ( for other than City employees) and theft reports. (2 ) Any person 65 years of age or over shall be exempt from the payment of the fees required by this section. SECTION 60. That Title 32 of the Revised Ordinances of Salt Lake City , Utah, relating to public offenses - peace, morals and -62- conduct be, and the same hereby is amended as follows : Sec . 32-1-1 . Repealed. Sec . 32-1-2 . Assault. Sec . 32-1-3. Battery . Sec . 32-1-4 . Drinking and drunkenness in public places. ( 1) It shall be unlawful to : ( a) Drink liquor in a public building , park or stadium; or ( b) Be under the influence of alcohol , a controlled substance or any substance having the property of re' easing toxic vapors to a degree that the person may endanger him or herself or another , if said person is in a public place or in a private place where he/she unreasonably disturbs other persons . ( 2 ) A peace officer or magistrate may release from custody an individual arrested under this section, if he or she believes imprisonment is unnecessary for the protection of the individual or another ; or a peace officer may take a person arrested under this section to a detoxification center or other special facility designated by the courts of Utah or by state law , as an alternative to jail incarceration for such offenses. (3 ) An offense under this section is a Class C misdemeanor . Sec . 32-1-5. Interfering with office in discharge of duty prohibited . * * * Sec . 32-1-5. 1 . Obstruction of Justice. -63- Sec . 32-1-6. Escapes. Sec . 32-1-7. Riot . (1) A person is guilty of riot if: ( a ) Simultaneously with two or more other persons he engages in tumultuous or violent conduct and thereby knowingly or recklessly creates a substantial risk of causing public alarm; or ( b) He assembles with two or more other persons with the purpose of engaging , soon thereafter, in tumultuous or violent conduct, knowing , that two or more other persons in the assembly have the same purpose ; or ( c) He assembles with two or more other persons with the purpose of committing an offense aqainst a person or property of another who he supposes to be guilty of a violation of law , believing that two or more other persons in the assembly have the same purpose . (2 ) Any person who refuses to comply with a lawful order to withdraw given to him immediately prior to, during , or immediately following a violation of paragraph ( 1) is guilty of riot. It is no defense to a prosecution under this paragraph that withdrawal must take place over private property ; provided , however, that no persons so withdrawing shall incur criminal or civil liability by virtue of acts reasonably necessary to accomplish the withdrawal . Sec. 32-1-8. Repealed . -64- Sec . 32-1-9. Repealed . Sec . 32-1-10 . Failure to disperse . ( 1) A person is guilty of failure to disperse when he remains at the scene of a riot , disorderly conduct, or an unlawful assembly after having been ordered to disperse by a peace -fficer . ( 2 ) This section shall not apply to a person who attempted to but was unable to leave the scene of the riot or unlawful assembly. ( 3 ) Failure to disperse is a Class C misdemeanor. Sec. 32-1-11. Disorderly Conduct . (1) A person is guilty of disorderly conduct if such person : ( a) Refuses to comply with the lawful order of the police to move from a public place , or knowingly creates a hazardous or physically offensive condition, by any act which serves no legitimate purp-se ; or ( b) Intending to cause inconvenience, annoyance, or alarm, or recklessly creating a risk thereof : ( i) Engages in fighting or in violent, tumultuous , or threatening behavior; or ( ii) Engages in fighting or in violent, tumultuous , or threatening behavior; or ( iii) Makes unreasonable noises in a private place which can be heard in a public place ; or maliciously or willfully disturbs the peace or quiet of -65- another or of any neighborhood or family by loud or unusual noise or by discharginq firearms of any description or by threateninq , traducing , quarrelling , challenging to fight or fighting or by use of profane or blasphemous language; or ( iv) Obstructs vehicular or pedestrian traffic ; or ( c ) Uses insulting , obscene or profane language in a place or under circumstances which could cause a breach of the peace of good order of the City. (2) "Public place ," for the purpose of this section , means any place to which the public or a substantial group of the public has access and includes but is not limited to streets , highways , and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops . ( 3 ) Disorderly conduct is a Class C misdemeanor if the offense continues after a request by a person to desist . Otherwise it is an infraction. Sec . 32-1-12. Disrupting a meeting or procession. ( 1 ) A person is guilty of disrupting a meeting or procession if, intending to prevent or disrupt a lawful meeting , procession, or gathering , he/she obstructs or interferes with the meeting , procession, or gathering by physical action, verbal utterance or any other means under circumstances which could cause a breach of the peace. -66- (2 ) Disrupting a meeting or procession is a Class B mi sd eme a nor. Sec . 32-1-13. Repealed . Sec. 32-1-17. Loitering . (1) A person is guilty of loitering if such person: ( a ) Appears at a place or at a time under circum- stances that warrant alarm for the safety of persons or property in the vicinity, and upon inquiry by a law enforcement official , such person fails to give a reasonably credible account of his/her identity , conduct , or purposes ; or ( b) Loiters, remains, wanders, or lingers idly in or about a school , either by walking , sitting , standing , or by sitting in or upon a vehicle or conveyance, not having any reason or relationship involving custody of or responsi- bility for a pupil or student or any other specific , legitimate reason for being there , and not having written permission from anyone authorized to grant the same, and upon inquiry of a law enforcement official , such person fails to give a reasonably credible account of his/her identity , conduct or purposes ; or ( c) Loiters, remains, wanders or lingers idly in or about a building , lot, street , sidewalk or any other public or private place, either by walking , sitting , standing , or by sittinq in or upon a vehicle or conveyance , without -67- apparent reason and under circumstances which justify suspicion that he/she may be engaged in or about to engage in a crime, and upon inquiry of a law enforcement official , such person fails to give a reasonably credible account of his/her identity , conduct, or purposes; or ( d) ( i ) Is on or in any public area as hereafter defined and which person remains, wanders idly, or prowls : ( aa) in a manner or at a time not usual for law abiding citizens, or ( bb) under circumstances that warrant a reasonable alarm or immediate concern for the safety of persons or property in the vicinity; and ( ii) refuses to obey the lawful command of a police officer to: ( aa) move on, or ( bb) provide to said police officer a lawful reason for remaining on or in said public area as hereafter defined . The police officer' s command shall be lawfully given when the alleged loitering by said person creates or causes to be created : ( aaa) a breach of the peace , or ( bbb) the actual or attempted obstruction, molestation or interference of any other person lawfully on or in any public area as hereafter defined in such a manner as to cause said other person to -6 8- reasonably fear for his or her safety or (ccc) the obstruction or attempted obstruction of the free normal flow of vehicular traffic , or the normal passage of pedestrian traffic in said public area ; or (ddd) the reasonable disturbance of any person acting lawfully on or in any said public place . For the purposes of subser-tion ( d) , "public area" shall mean any place open to the public , including but not limited to, any common public area of any shopping mall , publicway, street, highway , alley or park . ( 2 ) No person shall be convicted under this section if the explanation such person gave of his/her conduct and purposes was true and , if believed by the law enforcement official at the time , would have dispelled the alarm. ( 3 ) Loitering is a Class C misdemeanor. ccl30 -6 9- Sec . 32-1-18. Meetings, assemblies and parades in public places . (1 ) Purpose and intent. The City recognizes that certain of its public property such as streets and certain public grounds are traditional sites for the legitimate public expression of constitutionally protected rights of freedom of speech. The City also has a legitimate obligation to regulate the time, place and manner of the exercise of these rights to ensure the safety and protection of the people and property of the City . The following regulations shall be construed to provide for an appropriate consideration of these two sometimes conflicting interests by allowing the City to protect the public while favoring , to the maximum extent possible, the exercise of free speech. ( 2 ) Definitions. As used in this chapter: ( a) "Activity" means a parade, public meeting or assembly; ( b) "Funeral procession" means a single direct move- ment from a mortuary, church or other public gathering place to the place of burial of a human body , under direction or supervision of a funeral director ; ( c) "Parade" means a march or procession of any kind; ( d) "Public meeting or assembly" means a planned or organized gathering of a group of persons, or any ceremony , demonstration , show, exhibition, pageant or other type of meeting or gathering which may reasonably be expected to -70- result in the gathering of a group of persons, upon any public street , park or other public property. ( 3 ) Permit required . It is un 1 awf ul for any person to hold , manage , conduct , aid , participate in, form, start or carry on any parade, public meeting or assembly , as defined in this chapter , in or upon any public street, park or other public place in the City , unless and until a permit to conduct such parade, public meeting or assembly has been obtained in compliance with the provisions of this chapter. ( 4 ) Exceptions. This chapter shall not apply to any of the following : ( a) Funeral processions ; ( b) A governmental agency acting within the scope of its functions ; ( c) Students participating in educational activities, provided that: ( i) such activity is authorized by the school district and is under the immediate direction and supervision of the school authorities authorized by the school district to approve and supervise such activity; ( ii) if such student activity will result in blockage or closure of a street or right-of-way , a permit under this ordinance shall be required . ( 5 ) Application. Application for permits under this section must be filed with the Chief of Police and License Assessor or the Mayor' s designee not less than ten ( 10) business -71- days in advance of the proposed activity. Late applications will be accepted subject to the provisions of subsection ( 10) below. The application shall be in writing and shall give the following information : ( a) The name, address and telephone number of the person requesting the permit. If the activity is proposed to be conducted for, on behalf of , or by any organization, the name , address and telephone number of the headquarters of the organization and the authorized head of such organization shall be stated; ( b) The name, address and telephone number of the person who will be directly in charge of and responsible for the activity; (c ) The purpose of the activity; ( d ) The date , time and location or r-ute of the proposed activity; (e) The approximate number of persons who will participate in the activity ; the number and kind of vehicles, equipment or animals which will be used; and the approximate number of spectators who will view the activity ; ( f) Plans for the assembly and disbursal of the activity, including times and locations thereof ; (g) A statement as to whether the activity will occupy all or only a portion of the streets proposed to be traversed ; -72- ( h) A statement as to whether a permit has been requested or obtained from any other city, or county within which said activity shall commence, terminate or occur in part or fran any State Agency. The statement shall include all responses to any other request. ( i ) Any additional information which the Chief of Police, License Assessor or Mayor' s designee shall find reasonably necessary to make a determination of the findings required by subsection ( 6 ) . (6 ) Findings required. The License Assessor or Mayor' s designee, or his/her designee, after conferring with the Chief of Police or his/her designee, shall issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained , he/she finds that: ( a) The conduct of such activity will not substantially interrupt the safe and orderly movement of other traffic ; (b) The concentration of persons, animals and vehicles will not unduly interfere with proper fire , police , ambu- lance or other life-safety protection or service to areas where the activity will take place or areas contiguous thereto ; (c) The conduct of such activity is not reasonably likely to cause injury to persons or property; and -73- (d) Such activity is not to be held for the primary purpose of advertising the _goods , wares or merchandise of a particular business establishment or vendor. (7) Conditions to permit. The License Assessor or Mayor' s designee, in consultation with the Chief of Police, shall have authority to impose such conditions as are necessary to insure that all of the findings mentioned in subsection ( 6 ) , above, shall exist during the continuation of the activity. In granting or denying the permit the License Assessor or Mayor' s designee shall not consider the content, message , or First Amendment expression of the activity proposed except that obscene materials and materials harmful to minors as those terms are defined in Section 76-10-1201 et seq . , Utah Code Annotated 1953, as amended , or their successors , and applicable City ordinances , may be restricted . ( 8 ) Conflicting applications. ( a) When two or more persons , groups or organizations request to use a public street or other public forum at the same time and place for a First Amendment protected event, a Special Events Committee appointed by the Mayor, or his/her designee, shall determine the size , nature and purpose of each event. It shall also determine: ( 1) historical or past tradition of the sponsor of the event to use City forums ; (2) the Fate and time any conflicting requests -74- were received by the City; (3) requested or required City support services ; (4 ) possible alternative routes, places, or times the conflicting events can use ; and ( 5 ) any other information which may be relevant to resolving the conflicting requests , protecting the public safety , health, and welfare or assisting the City in legally regulating the time , place , and manner of the events. (b) After obtaining the relevant information, the Committee shall resolve the conflict. It shall first try to reach an agreement to modify the requests to avoid conflicts and accommodate the public interest. If no voluntary agreement is reached , it shall resolve the issues by establishing the time , place , and -anner for each requested use of a public forum. In making such decision between competing requests, the following priorities shall be given . ( c) Priorities. ( 1) A first filing time with the City shall be given priority, unless obtained by fraud or in conflict with ( 2 ) and ( 3 ) below. (2 ) Events planned , organized or presented by State, Federal , or City governmental entities or their agent shall have priority over other conflicting requests if: ( i) the request is timely filed and -75- processed with the City ; and ( i i) the said governmental request is made in good faith and not with effect or purpose of improperly chilling constitutional rights of competing petitioners . ( 3 ) It is recognized that in some circumstances awarding a use request on the sole basis of the earliest filing date may unfairly restrict or pre-empt reasonable public and private expectations of use ; also , it may constitute an attempted usurpation or conversion of goodwill or other established marks or public-identification developed over many years. Therefore, the first-in-time filing , first-in-right priorities of this section shall not be applied to pre- empt an event and sponsor with an historical and traditional use of the City streets or other forums, under the following guidelines : For the purposes of this subsection, an activity and its sponsor who have been granted use of a particular City forum at a particular date, time, and place for more than fifteen consecutive years, shall be given priority over a competing petitioner, unless it is demonstrated by the competing petitioner that ( i) there is no significant public reliance or expectation of the event beinq conducted by the trademark or traditional sponsor or user; ( ii) reasonable -76- detrimental reliance has not been made by the historical or traditional user ; and ( iii) the competing petitioner is acting in good faith and not attempting to convert or improperly use goodwill or public expectation developed by the historical or traditional user . ( 4 ) If paragraphs ( 1) through ( 3 ) are not decisive, the scope, size , magnitude and anticipated public interest of the requested event will be evaluated. Priority will be given to accommodate the event with the greatest public interest, number of participants, and magnitude ; provided , however, that such priority will not be applied where the petition was not filed in good faith or for the purpose of improperly chilling or interfering with constitutional rights of competing petitioners . ( 5 ) The experience, skill , and organizational expertise of the applicants will be evaluated , if all of the above elements are not applicable. Priority will then be given, if all other items are equal , to that group who can demonstrate the ability to most efficiently and safely present an event . (d) After granting the request for the time, place, manner and date , the Committee shall authorize the unsuccessful applicant to use an appropriate public forum at -77- another suitable time , place, date and manner. (9 ) Notice of issuance or denial - time for considera- tion. In the event the application is filed more than twenty business days prior to the date of the activity, the License Assessor or Mayor' s designee shall act upon the application at least ten business days before the activity. If the application is filed fewer than twenty but more than ten business days before the activity, the License Assessor or Mayor' s designee shall act upon the application at least six business days before the event. If the License Assessor or his/her designee or the Mayor' s designee disapproves or requires conditions on the approval , he/she shall immediately mail notice to the applicant of the denial or qualifications and the reasons for it. If action on the application is within seven calendar days of the requested date, the License Assessor or Mayor' s designee shall also telephone the applicant' s representative , at the telephone number listed on the application, on the day of such action and inform the representative that a copy of the action is available at the Office of the City Recorder. In the event the application is filed fewer than ten business days before the date of the activity , the provisions of subsection ( 10) below shall apply. (10 ) Late applications . (a) In the event the application for permit is not filed sufficiently in advance of the event to comply with subsection ( 9 ) , above, the application shall be also filed -78- with the Mayor' s designee. The application shall state on its face that it is filed not in compliance with the time provisions of subsection ( 9 ) and the grounds for such untimeliness. The Mayor' s designee shall consider the specified reason for the application' s untimeliness. In the event that the Mayor' s designee determines the untimely application to be excused by the exigency or unexpected circumstances giving rise to the need for the proposed First Amendment expression the Mayor' s designee shall designate the chairperson of the Special Events Committee as created by subsection ( 8 ) (a) above to coordinate processing of the permit application as expeditiously as possible. After considering the findings required by subsection ( 6 ) the chairperson of the Special Events Committee shall instruct the License Assessor or Mayor' s designee to issue , qualifiedly issue , or deny the permit. Any adverse decision from the chairperson of the Special Events Committee shall be appealable to the Mayor , or his/her designee, immediately by filing a written notice of appeal with the Mayor. The Mayor , or his/her designee , shall act on the appeal expedi- tiously and prior to the proposed time of the activity. ( b) In the event that the License Assessor or the Mayor' s designee shall determine that the grounds specified for the untimeliness of the application are insufficient the permit application shall be denied . A decision of -79- untimeliness shall also be appealable to the Mayor as provided above . ( 11 ) Appeal procedure. The applicant shall have the right to appeal the denial or qualification of a permit to the Mayor . In the event the application was filed more than twenty business days prior to the activity, the notice of appeal shall be filed with the City Recorder and a copy filed directly with the Mayor within two business days after the receipt of such notice of denial or qualification. The mayor, or his/her designee shall act on such appeals within four business days. In the event the application was filed more than ten business days , but fewer than twenty, in advance of the application, notice of appeal shall be filed with the City Recorder and a copy filed directly with the Mayor within one business day after receipt of notice of the denial . The Mayor or his/her designee shall act upon the appeal within two business days. In considering the appeal the Mayor shall consider the reasonableness of the grounds for denial . (12) Contents of permit. Conditions imposed on the issuance of any permit as provided for in subsection ( 7 ) above shall be set forth in the permit . ( 13) Duty of permittee. ( a) A permittee hereunder shall comply with all terms and conditions of said permit and with all applicable laws and ordinances. ( b) The written permit obtained pursuant to this -80- chapter shall be carried by the person heading or leading the activity for which the permit was issued . ( 14) Revocation of permit. If , while the activity is in progress the City representative at the event, as designated by the License Assessor or Mayor' s designee, or a police supervisor determines that the conditions of the permit are not being complied with said City representative shall inform the permittee' s designated representative as provided in subsection ( 13 ) (b) and as appropriate, spectators or participants of the non-compliance. In the event the non-compliance is not promptly remedied and the City representative or Police determine that such non-compliance jeopardizes public safety and welfare elements set forth in subsection ( 6 ) , above, the City may revoke the permit. After reasonable time for disbursal , any persons continuing with the activity conducted under the revoked permit shall be guilty of disorderly conduct as specified by Section 32- 1-9, 10, 11, 20 or other applicable City ordinance. (15 ) Public conduct during activity . (a) It is unlawful for any person unreasonably to obstruct, impede or interfere with any parade or public meeting or assembly or with any person, vehicle or animal participating in such activity for which a permit has been granted in accordance with the provisions of this chapter. ( b) The Mayor through his designated representative shall have the authority , when reasonably necessary , to -81- prohibit or restrict the parking of vehicles along a street or highway or part thereof constituting part of the route of an activity. The Chief of Police, traffic engineer or other designated City officer shall post signs to such effect, and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof . ( 16) Distributing items fret parade vehicles. The City Council expressly finds that a number of children have been injured as they have run into the streets to gather items distributed from vehicles in a parade and it is hereby declared a class "B" misdemeanor to disperse items, including candy , from vehicles engaged in parades within the corporate limits of Salt Lake City , Utah. ( 17) Severability. If any provision, clause , sentence or paragraph of this ordinance or the application thereof to any person or circumstance shall be held to be invalid , illegal or unconstitutional , such cause shall not affect the other provisions or applications of this ordinance which can be given effect independently from the invalid provision or application . To this end , the provisions of this ordinance are hereby declared to be severable . Sec. 32-1-19. Telephone harassment. ( 1) A person is guilty of telephone harassment if, with intent to annoy or alarm another, he/she : ( a) Makes a telephone call , whether or not a conversa- -82- t ion ensues, without purpose of lawful communication, including but not limited to making a call or calls and then terminating the call before conversation ensues; or ( b) Makes repeated , unwanted telephone calls at extremely inconvenient hours; or ( c) Insults, taunts or challenges another by use of telephone communication in a manner likely to provoke a violent or disorderly response ; or ( d) Telephones another and knowingly makes any false statement concerning injury , death, disfigurement, indecent conduct, or criminal conduct of the person telephoned or any member of his/her family , or uses obscene , profane or threatening language with intent to terrify, intimidate, harass or annoy. The making of a false statement as herein set out shall be prima facie evidence of intent to terrify, intimidate , harass or annoy. 2. Telephone harassment is a Class B misdemeanor. Sec. 32-1-20. Emergency telephone abuse . ( 1) A person is guilty of emergency telephone abuse if he: ( a ) Intentionally refuses to yield or surrender the use of a party line or a public pay telephone to another person upon being informed that said telephone is needed to report a fire or summon police, medical , or other aid in case of emergency, unless said telephone is likewise being used for an emergency call; or -83- ( b) Asks for or requests the use of a party line or a public pay telephone on the pretext that an emergency exists, knowing that no emergency exists. (2 ) Emergency telephone abuse is a Class B misdemeanor . (3 ) For the purposes of this section ( a) "party line" means a subscriber' s line or telephone circuit consisting of two or more main telephone stations connected therewith, each station with a distinctive ring or telephone number . ( b) "Emergency" means a situation in which property or human life is in jeopardy and the prompt su oning of aid is essential to the preservation of human life or property. Sec . 32-1-21 . Repealed . Sec . 32-1-22. Place of commission of offense involving use of telephone. Any offense committed by use of a telephone as herein set out may be deemed to have been committed at either the place at which the telephone call or calls were made or at the place where the telephone call or calls were received . Sec . 32-1-23. * * * Sec . 32-2-1 . Sexual conduct for hire and lewd sex acts. ( 1 ) It shall be unlawful for any person to : ( a) Commit or offer or agree to commit sexual conduct for hire . ( b) Pay or offer or agree to pay another person to commit sexual conduct . -84- ( c) Commit or offer or agree to commit any lewd sex act . (d) Secure or offer another person for the purpose of committing sexual conduct for hire . ( e) Induce, entice or procure, or attempt to induce, entice or procure another person , in or near any place frequented by the public or any public place, to commit sexual conduct for hire . ( f) Make any meretricious display in or near any public place , any place frequented by the public , or any place open to the public view . (g) Knowingly transport any person to any place for the purpose of committing sexual conduct for hire. ( h) Knowingly transport any person to any place for the purpose of offering or agreeing to pay another person to commit sexual conduct. ( i) Knowingly receive , or offer or agree to receive any person into any place or building for the purpose of performing sexual conduct for hire or to knowingly permit any person to remain in any place or building for any such purpose. ( j ) Direct or offer to direct any person to any place or building for the purpose of committing any sexual conduct for hire. ( k) Aid , abet, allow , permit or participate in the -85- commission of any of the acts prohibited in subsections ( a) through ( j ) above . Any person violating the provisions of any of this section shall be deemed guilty of a misdemeanor. Repealed . Sec. 32-2-3. Placing person in house of prostitution - Penalty. (1 ) It shall be unlawful for any person to : ( a) Place a person in the charge or custody of another person for purposes of prostitution, or in a house of prostitution , with intent that he/she shall engage in prostitution, or who shall compel any person to reside with him/her or with any other person for purposes of prostitution, or shall compel any such person to reside in a house of prostitution or to live as a prostitute ; or ( b) Ask or receive any compensation, gratuity or reward , or promise thereof , for or on account of placing in a house of prostitution or elsewhere any person for the purpose of causing him/her to co-habit with any person or persons of the opposite sex to whom he/she is not legally married . ( c) Give , offer or promise any compensation, gratuity or reward , to procure any person for the purpose of placing him/her for immoral purposes in any house of prostitution, or elsewhere , against his/her will; or (d) Being married to any person or being the parent, -86- guardian or other person having legal charge of a person under the age of 18 years, shall connive at, consent to or permit him/her being or remaining in any house of prostitution or living as a prostitute ; or ( e) Live with or accept any earnings of a prostitute, or entice or solicit any person to go to a house of prostitution to engage in any sexual conduct with a prostitute ; or ( f) Entice, procure or in any manner or way induce any person to become a prostitute or to become an inmate of a house of ill fame or prostitution, for purposes of prostitution , or for purposes of employment, or for any purpose whatever, when he/she does not know that the house is one of prostitution ; or (g) Decoy , entice, procure or in any manner or way induce any person under the age of 21 years to go into or visit, upon any pretext or for any purpose whatever, any house of ill fame or prostitution , or any roan or place used for purposes of prostitution. (2 ) Any person who violates the provisions of subsection (1 ) shall : ( a) Where physical force or the immediate threat of such force is used upon the female person , be guilty of a class B misdemeanor. (b) When no physical force nor the immediate threat of -87- such force is used be guilty of a class C misdemeanor. Sec. 32-2-4. Aiding prostitution . ( 1) A person is guilty of aiding prostitution if he/she : ( a ) Solicits a pers-n t^ patronize a prostitute or ( b) Procures or attempts to procure a prostitute for a patron , or ( c) Leases or otherwise permits a place controlled by the actor , alone or in association with another, to be used for prostitution or the promotion of prostitution; or ( d) Solicits, receives , or agrees to receive any benefit for doing any of the acts prohibited by this subsection . ( 2 ) Aiding prostitution is a class "B" misdemeanor. Sec . 32-2-5. Disorderly conduct. It shall be unlawful for any person, while in a place open to public view, willfully to : (1 ) Urinate or stool; (2 ) Engage in sexual conduct, alone or with another person or an animal; ( 3 ) Make an intentional exposure of his or her genitals , pubic area , buttocks or any portion of the areola and/or nipple of the female breast; (4 ) Exhibit the private parts of any horse, bull , or other animal in a state of sexual stimulation or to exhibit such animals in the act of sexual copulation. Sec . 32-2-6. Repealed . -88- Sec. 32-2-6. 1 Repealed . Sec . 32-2-7. House of Prostitution. It shall be unlawful for any person : ( 1 ) To keep, maintain, or permit to be maintained upon or in any property owned , occupied or leased by or to such persons , any house of prostitution. ( 2 ) To keep, maintain, or permit to be kept maintained upon or in any building , place or structure , resorted to or used in whole or in part for purposes of prostitution. (3 ) To resort to , or reside in any place mentioned in this section for the purpose of performing or obtaining sexual conduct for hire . (4 ) To keep a house of prostitution. (5 ) To have control of any building or tenement as owner, agent, guardian or lessee of such owner, after written notice to such owner, agent , guardian or lessee that such building or tenement is being used as a house of prostitution. (6 ) To rent any building or tenement, knowing that the lessee intends using the same , or any pawt thereof, for the purpose of providing a house of prostitution . Sec . 32-2-8. Nuisances. Disorderly houses. All bawdy and other disorderly houses , houses of ill-fame , assignation houses , and houses kept by , maintained for, or resorted to , or used by one or more persons for lewdness or prostitution within the limits of Salt Lake City , or within three miles of the outer -89- boundaries thereof , are hereby declared to be public nuisances. It shall be unlawful for any person to keep , maintain or to contribute in any manner to the keeping of maintenance of a public nuisance . Sec. 3 2-2-9. Re peal ed . Sec. 32-2-10. Obscene or lewd acts and preparation and dissemination of obscene materials or hard-core pornography-- "hard-core pronography" defined . ( 1 ) It shall be unlawful for any person willfully or knowingly knowingly either to : ( 1 ) Associate in a lewd , lascivious or obscene manner with any person, whether married or unmarried , to engage in open and gross lewdness, lascivious or obscene conduct, or to make any open , public , indecent or obscene exposure of his or her private parts, or the person or private parts of another; or (2) (6 ) Require as a condition to a sale, allocation, consignment or delivery for resale of any paper , magazine , book , periodical , publication, or other merchandise, that the purchaser or consignee receive any material , which material is obscene or is believed by the purchaser or consignee to be obscene or to deny or threaten to deny a franchise or license , or revoke or threaten to revoke , or impose any penalty, financial or otherwise , by reason of the failure or refusal of such purchaser or consignee to accept such material or to do such acts by reason -90- of the return of such material . Sec . 32-2-10. 1. Definitions. As used in this chapter, unless the context requires otherwise : (1 ) Willfully means simply a purpose or willingness to commit the act or to omit an act required herein. (2 ) Knowingly means to have actual or constructive knowledge of the contents of the subject matter. A person has constructive knowledge if a reasonable inspection under the circumstances would have disclosed the nature of the subject matter and if the failure to inspect is for the purpose of avoiding such disclosure. ( 3 ) Advertising purposes means purposes of propagandizing in connection with the commercial sale of a product or type of product, the commercial offering of a service or the commercial exhibition of an entertainment . (4 ) Displays publicly means the exposing , placing , posting , exhibiting , or in any fashion displaying in any location, whether public or private, an item in a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a public thoroughfare, depot or vehicle. (5 ) Person is not limited to individuals only but shall include public and private corporations, firms , joint associations , partnerships and the like. The word "person" as used herein applies to a natural person and shall apply equally to the male and female genders. -91- ( 6 ) Furnishes means to sell , give, rent, loan or otherwise provide . ( 7 ) Nudity means uncovered , or less than opaquely covered , human genitals , pubic areas, the human female breast below a point immediately above the top of the areola, or the covered human male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if any portion of the nipple and/or the areola is uncovered . ( 8 ) Obscene performance (9 ) Obscenities * * * (10) Sado-mashochistic abuse (11 ) Distribute * * * (12) Sexual conduct * * * (13 ) Sexual excitement (14) Obscene * * * (15 ) Prurient interest (16) lewd sex act means, but not be limited to , any act of fellatio , cunnil ingus, pederasty or bestiality. ( 17) House of prostitution means any place including , but not limited to, a house , an apartment or hotel room regularly resorted to for the purpose of prostitution. ( 18 ) Prostitution means engaging in sexual conduct for hire . ( 19 ) Place open for public view means an area capable of use or observance by persons from the general community, where an -92- expectation for privacy for the activity engaged in by individuals is not reasonably justified . Sec . 32-2-10. 2. * * * Sec . 32-2-13. Soliciting for immoral purposes. It shall constitute a Class B misdemeanor for any person to loiter in or near any public place in a manner and under circumstances manifesting the purpose of inducing , enticing , solicitinn or procuring another to commit an act of prostitution. Among the circumstances which may be considered in determining whether such purposes manifest it are: That such person is a known prostitute or pandered , repeatedly beckons to, stops or attempts to stop, or engages any person passing by in conversation, or repeatedly stops or attempts to stop motor vehicle operators by hailing , waiving of arms or other bodily gesture. No arrest shall be made for the violation of this subsection unless the arresting officer first affords such person an opportunity to explain such conduct, and no one shall be convicted of violating this section if it appears at trial that the explanation given was true and disclosed a lawful purpose . For the purposes of this section, a " known prostitute or panderer" is a person who within one year previous to the date of arrest for violation of section has within the knowledge of the arresting officer, been convicted of violating any ordinance of -93- Salt Lake City or statute for committing , offering or agreeing to commit prostitution . Sec. 32-2-14 . Sec. 32-3-1 . Offenses involving property. Definitions. For the purposes of this part : ( 1) "Property" means anything of value , including real estate , tangible and intangible personal property , captured or dcmestic animals and birds , written instruments or other writings representing or embodying rights concerning real or personal property , labor, services, or otherwise containing anything of value to the owner , commodities of a public utility nature such as telecommunications, gas, electricity , steam , or water, and trade secrets , meaning the whole or any portion of any scientific or technical information, design, process, procedure, formula or invention which the owner thereof intends to be available only to persons selected by him . ( 2 ) "Obtain" means, in relation to property, to bring about a transfer of possession or of some other legally recognized interest in property , whether to the obtainer or another, in relation to labor or services, to secure performance thereof ; and in relation to a trade secret, to make any facsimile, replica, photograph, or other reproduction . ( 3 ) "Purpose to deprive" means to have the conscious object : ( a) To withhold property permanently or for so -94- extended a period or to use under such circumstances that a substantial portion of its economic value , or of the use and benefit thereof would be lost; or ( b) To restore the property only upon payment of a reward or other compensation; or ( c ) To dispose of the property under circumstances that make it unlikely that the owner will recover it. (4) "Obtain or exercise unauthorized control" means , but is not necessarily limited to , conduct heretofore defined or known as common-law larceny by trespassory taking , larceny by conversion, larceny by bailee, and embezzlement. (5) "Deception" occurs when a person intentionally : (a) Creates or confirms by words or conduct an impression of law or fact that is false and that the actor does not believe to be true and that is likely to affect the judgment of another in the transaction ; or ( b) Fails to correct a false impression of law or fact that the actor previously created or confirmed by words or conduct that is likely to affect the judgment of another and that the actor does not now believe to be true ; or ( c) Prevents another from acquiring information likely to affect his judgment in the transaction ; or ( d) Sells or otherwise transfers or encumbers property without disclosing a lien, security interest, adverse claims, or other legal impediment to the enjoyment of the -95- property , whether the lien, security interest, claim , or impediment is or is not valid or is or is not a atter of official record; or (e) Prcmises performance that is likely to affect the judgment of another in the transaction which performance the actor does not intend to perform or knows will not be performed; provided , however , that failure to perform the promise in issue without other evidence of intent or knowledge is not sufficient proof that the actor did not intend to perform or knew the promise would not be performed . Sec . 32-3-2 . Theft. Evidence to support accusation. Conduct denominated theft in this part constitutes a single offense embracing the separate offenses such as those heretofore known as larceny, larceny by trick , larceny by bailees , embezzlement, false pretense, extortion, blackmail , receiving stolen property. An accusation of theft may be supported by evidence that it was committed in any manner specified in sections 76-6-404 through 76-6-410, Utah Code Annotated , or their successors , subject to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise . Sec . 32-3-2 . 1 . Theft. Elements. A person commits theft if he obtains or exercises unauthorized control over the property of -96- another with a purpose to deprive him thereof. Sec . 32-3-2. 2. Theft by deception. ( 1) A person commits theft if he obtains or exercises control over property of another by deception and with a purpose to deprive him thereof . ( 2 ) Theft by deception does not occur , however, when there is only falsity as to matters having no pecuniary significance , or puffing by statements unlikely to deceive ordinary persons in the group addressed . "Puffing" means an exaggerated commendation of wares or worth in communications addressed to the public or to a class or group. Sec . 32-3-2 . 3. Theft by extortion. ( 1) A person is guilty of theft if he obtains or exercises control over the property of another by extortion and with the purpose to deprive him thereof. (2 ) As used in this section, extortion occurs when a person threatens to : ( a) Cause physical harm in the future to the person threatened or to any other person or to property at any time ; or (b) Subject the person threatened or any other person to physical confinement or restraint ; or ( c) Engage in other conduct constituting a crime ; or ( d ) Accuse any person of a crime or expose him to hatred , contempt, or ridicule; or ( e ) Reveal any information sought, to be concealed by the person threatened; or -97- ( f) Testify or provide information or withhold testimony or information with respect to another' s legal claim or defense ; or ( g) Take action as an official against anyone or anything , or withhold official action , or cause such action or withholding ; or ( h) Bring about or continue a strike , boycott, or other similar collective action to obtain property which is not demanded or received for the benefit of the group which the actor purports to represent ; or ( i) Do any other act which would not in itself substantially benefit him but which would harm substantially any other person with respect to that person' s health, safety , business , calling , career, financial condition , reputation, or personal relationships. Sec. 32-3-2. 4. Theft of lost , mislaid , or mistakenly delivered property . A person commits theft when: ( 1) He obtains property of another which he knows to have been lost or mislaid , or to have been delivered under a mistake as to the identity of the recipient or as to the nature or amount of the property , without taking reasonable measures to return it to the owner ; and ( 2 ) He has the purpose to deprive the owner of the property when he obtains the property or at any time prior to taking the measures designated in paragraph ( 1) . -98- Sec . 32-3-2 . 5. Retail theft, acts constituting . A person commits the offense of retail theft when he knowingly: ( 1) Takes possession of , conceals, carries away , transfers or causes to be carried away or transferred , any merchandise displayed , held, stored or offered for sale in a retail mercantile establishment with the intention of retaining such merchandise or with the intention of depriving the merchant permanently of the possession use or benefit of such merchandise without paying the retail value of such merchandise ; or (2 ) Alters, transfers , or removes any label , price tag , marking , indicia of value or any other markings which aid in determining value of any merchandise displayed , held , stored or offered for sale, in a retail mercantile establishment and attempts to purchase such merchandise personally or in consort with another at less than the retail value with the intention of depriving the merchant of the retail value of such merchandise ; or ( 3 ) Transfers any merchandise displayed , held, stored or offered for sale in a retail mercantile establishment from the container in or on which such merchandise is displayed to any other container with the intention of depriving the merchant of the retail value of such merchandise ; or (4 ) Under-rings with the intention of depriving the merchant of the retail value of the merchandise ; or (5 ) Removes a shopping cart from the premises of a retail -99- mercantile establishment with the intent of depriving the merchant of the possession, use or benefit of such cart . Sec. 32-3-2 . 6. Theft of services. ( 1) A person commits theft if he obtains services which he knows are available only for compensation by deception, threat, force, or any other means designed to avoid the due payment therefor . ( 2 ) A person commits theft if, having control over the disposition of services of another, to which he knows he is not entitled , he diverts such services to his own benefit or to the benefit of another who he knows is not entitled thereto . ( 3 ) As used in this section "services" includes, but is not necessarily limited to , labor, professional service , public utility and transportation services, restaurant, hotel , motel , tourist cabin , rooming house , and like accommodations , the supplying of equipment, tools , vehicles, or trailers for temporary use , telephone or telegraph service , gas, electricity , water or steam , and the like , admission to entertainment, exhibitions, sporting events , or other events for which a charge if made. Sec . 32-3-2 . 7. Theft by person having custody of property pursuant to repair or rental agreement . ( 1 ) A person is guilty of theft if: ( a) Having custody of property pursuant to an agreement between himself or another and the owner thereof whereby the actor or another is to perform for compensation -10 0- a specific service for the owner involving the maintenance, repair , or use of such property, he intentionally uses or operates it, without the consent of the owner, for his own purposes in a manner constituting a gross deviation from the agreed purposes; or (b) Having custody of any property pursuant to a rental or lease agreement where it is to be returned in a specified manner or at a specified time , intentionally fails to comply with the terms of the agreement concerning return so as to render such failure a gross deviation from the agreement . Theft classification of offenses. (A ) Theft is a Class B misdemeanor if the value of the property stolen was $100 or less. Sec. 32-3-3. Trespass . ( 1 ) It shall be unlawful for any person to take down any fence, or to let down any bars, or of open any gate so as to expose any enclosure , or to ride , drive , walk , lodge, or camp or sleep upon the premises of another without permission of the owner or occupant thereof , or to remain upon said premises after the permission of the owner or occupant thereof has been revoked by such owner or occupant . ( 2 ) (3) (4 ) (5) -101- (6 ) (7 ) Violation of this section shall be punishable as follows : ( a) Trespass in a dwelling shall constitute a Class B misdemeanor violation. ( b) Entering or ranaining upon property, other than a dwelling , where said trespass would cause injury or property damage shall be a Class C misdemeanor. ( c) Trespass , other than in a dwelling , where no damage or injury occurs is an infraction. Sec. 32-3-4. * * * Sec . 32-3-5. Criminal mischief. ( 1) A person commits criminal mischief if : ( a) He/she intentionally and unlawfully tampers with the property of another and thereby; ( i) Recklessly endangers human life ; or ( ii ) Recklessly auses or threatens a substantial or impairment of any public utility service; or ( b) He/she intentionally damages, defaces , or destroys the property of another. (c) He/she recklessly or willfully shoots or propels a missile or other object at or against a motor vehicle , bus , airplane, boat, locomotive, train, railway car or caboose , whether movinq or standing . ( 2 ) Violation of this section is a Class B misdemeanor if -10 2- the actor' s conduct causes or is intended to cause pecuniary loss in excess of $250; and is a Class C misdemeanor if the actor' s conduct causes or is intended to cause loss of less than $250. Sec . 32-3-6. Sec . 3 2-3-7. Sec. 32-3-8. Repealed . * * * Sec . 32-5-5. Unlawful to keep, betting rooms . It shall be unlawful for any person to conduct, keep, carry on or maintain , by himself or his agents or employees, any turf exchange, betting room, or other place , by whatever name known, where bets or wagers on the result of any horse race wherever run , or of any contest of skill or endurance of men or animals , wherever made or had , are, or may be made, received or paid . * * * Sec . 32-10-6. Impersonating an officer prohibited . It shall be unlawful for any person falsely to represent himself to be a peace officer or an officer of any other agency authorized to enforce any laws of Salt Lake City or of any other govern- mental entity , or to attempt any official act or to attempt to act as such officer after his/her removal from the force or after authority to enforce such laws has been removed , or to wear any badge or uniform which has a tendency to be mistaken for the official badge and uniform of Salt Lake City or of the governmental entity purportedly represented . -103- Sec. 32-10-7. "Public nuisance defined .--(1 ) A public nuisance is a crime against the order and economy of the city and consists in unlawfully doing any act or omitting to perform any duty, which act or omission either: ( a) Annoys , injures, or endangers the comfort, repose , health , or safety of another person or persons ; or ( b) Offends public decency; or ( c) Unlawfully interferes with, obstructs , or tends to obstruct, or renders dangerous for passage, any lake , stream, canal , or basin , or any public park, square , street , or highway; or ( d) In any way renders another person or persons insecure in life or the use of property. ( 2 ) An act which affects another person or persons in any of the ways specified in this section is still a nuisance regardless of whether or not the extent of annoyance or damage inflicted on individuals is unequal . Sec. 32-10-8. Maintaining , committing or failing to remove public nuisance--Classification of offense.--Every person who maintains or commits any public nuisance, as defined by Section 32-10-6 of these ordinances , or its successor, or who maintains or commits any nuisance or public nuisance declared to be such under any law , ordinance , or regulation of Salt Lake City, the punishment for which is not otherwise prescribed , or who willfully omits to perform any legal duty relating to the removal -1 04- of such a nuisance or public nuisance, is guilty of a class B misdemeanor. Sec . 32-10-9. Abatement. Prosecution for maintaining or committing a public nuisance under Section 32-10-7 of these ordinances or its successor shall not preclude the City from pursuing abatement procedures as may be provided by City ordinance. As an alternative to any abatement procedure specified in any city ordinance , and at the discretion of the City , an action for abatement of public nuisance may be pursued in accordance with the provisions of Section 76-10-806 and 76-10- 808, Utah Code Annotated , 1953, as amended , or their successors. SECTION 61. That Chapter 1 of Title 33 of the Revised Ordinances of Salt Lake City , Utah, relating to City owned real property , be , and the same hereby is amended as follows : Sec . 33-1-1 . Reporting Surplus Real Property. Department heads shall periodically identify potential surplus property within the possession of their departments and report such property to the Chief Procurement Officer, as defined in Section 24-11-4 of these ordinances, or its successor, for consideration. The Chief Procurement Officer shall also periodically review such reports to determine whether excess properties are on hand which need to be disposed of . Sec. 33-1-2 . Methods of Disposition. Real property determined to be surplus under the criteria set forth in this chapter may be disposed of by one or more of the following -105- means: ( 1 ) Trade In . The Chief Procurement Officer, under the direction of the Director of Finance , may authorize surplus property to be traded for other property. (2 ) Sale, Lease or Irrevocable Transfer. The Chief Procurement Officer shall adopt specific written guidelines establishing requirements for notice , bidding or other conditions of sale, lease or other transfer of real property. The sale, lease or transfer of real property by the City shall be preceded by Planning Commission review under the provisions of Section 10- 9-21, Utah Code Annotated, 1953, or its successor ; however, such review shall not be required for property transfers which are by their nature revocable by the City. ( 3 ) Revocable Transfers. Permits, licenses, easements, franchises, and other transfers of real property which are , by the terms of conveyance, revocable by the City, shall be permitted under the provisions of this chapter . ( 4 ) Salvage, Discard or Destruction. Inventoried City property shall be salvaged , discarded or destroyed only upon autorization of the Chief Procurement Officer or a designated representative . Sec. 3 3-1-3 . ( 1 ) Every sale of City owned real property shall be conducted by the Chief Procurement Officer , or under his/her express written authority. Other conveyances for value shall be -106- conducted by the Chief Procurement Officer, under the direction of the Director of Finance. All conveyances or encumbrances of such property shall be based on the highest and best economic return to the City , except that consideration for property conveyed may be based on other public policy factors when conveyed to units of government or other public or quasi-public organizations. ( 2 ) The highest and best economic return to the City , as referred to herein shall be estimated by one or more of the following methods : ( a) Sealed competitive bid; ( b) Evaluation by qualifed and disinterested appraiser; ( c) Other professional publications and valuations services ; or ( d) An informal market survey conducted by the Chief Procurement Officer in the case of items of real property possessing readily discernable market value . (3 ) Sales of City real property shall be based , whenever possible, on competitive sealed bids. The Chief Procurement Officer , in consulation with the Director of Finance , may , however, waive the competitive bidding requirement when the value of the property has been estimated by an alternate method specified under subparagraph ( 2 ) of this section, and ( a ) The value of the property is considered negligible -107- in relation to the costs of sale by bid; or ( b) Sale by bidding precedures is deemed unlikely to produce a competitive offer; or ( c) Circumstances indicate that bidding on the property will not be in the best interests of the City. Sec. 33-1-4. Notice and Hearing. Real property of the City and any legal interest therein shall not be sold, traded , leased or otherwise conveyed or encumbered until notice of pendency of such a proposal has been delivered to the office of the Salt Lake City Council and posted in the office of the City Recorder for a period of not less than 15 days . Such notice shall specify the following : ( 1 ) A description of the property to be conveyed or encumbered; ( 2 ) The nature of the proposed conveyance or encumbrance whether the property is to be sold , traded or encumbered , including the nature of the conveyance if the property is to be sold , or if a trade or lease of property is contemplated , a brief summary of the proposed transaction; (3 ) Persons to wham interests are to be conveyed , if known ; (4 ) Any consideration tendered; (5 ) The name of the person, department or entity requesting such action; (6 ) The basis upon which the value of the interest has been determined by the City ; -1 08- ( 7 ) The date, time and location of a hearing to be held if written call for hearing is made by a member of the City Council within the time specified in the notice. The notice shall further state that interested persons may appear and comment upon the proposal if a call for hearing by a council memeber has been made under the provisions of this section. Such notice shall operate in effect as a consent calendar. If a written call for hearing has been made by the City Council within 15 days from the date notice is first posted , the Mayor or his/her designee shall meet thereafter to hear and consider comments upon proposals to convey or encumber City property specified in the notice. Such hearing shall take place before, after or in conjunction with a regularly scheduled City Council meeting , as determined by the Mayor . The conveyance or encumbrance of real property of the City may be finalized as follows : ( 1 ) By the Mayor, at his/her discretion, following notice and/or public hearing , where required by this section; or ( 2 ) If the transfer is revocable and the Mayor has determined that an unanticipated combination of facts and conditions of pressing necessity has emerged which requires that action be taken prior to notice or hearing . Such conditions shall not be deemed to arise , unless it appears that delay from notice or a hearing would produce : ( a) Great or irreparable injury to persons seeking the -10 9- conveyance or encumbrance, with negligible impact upon City interets . ( b) Serious detriment to the social or economic interest of the community as a whole ; or ( c) Substantial economic loss to the City. Any decision by the Mayor to forego the notice and hearing provisions of this section shall be made in writing to the City Council stating the specific reasons upon which the decision was based . Sec . 33-1-5. validity of actions. No provision of this section shall be construed to require or to invalidate any conveyance or encumbrance by the City nor to vest rights or action of any kind against Salt Lake City, its officers , agents or employees. Sec . 33-1-6. Disposition of Proceeds . All proceeds or revenue from the sale of any real property sold by Salt Lake City shall be deposited in a surplus property account within the Capital Improvements Fund of the General Fund. However , if the property was purchased with monies from an enterprise fund , or from properties attributable by the Mayor to use by an existing enterprise fund , then proceeds or revenue shall be deposited in a surplus property account within that fund's Capital Improvements Fund . Funds within surplus property accounts may not be expended without prior appropriation or approval of the City Council . SECTION 62. That Chapter 2 of Title 33 of the Revised -110- Ordinances of Salt Lake City , Utah, relating to City owned personal property be , and the same hereby is amended as follows : Sec . 33-2-1 . Duties of City Chief Procurement Officer to inventory permanent personal property belonging to Salt Lake City. It shall be the duty of the City Chief Procurement Officer, as defined by Section 24-11-4 of these ordinances , or its successor, to maintain a complete record and valuation of all permanent personal property belonging to Salt Lake City , and he/she shall , subject to the approval of the City Director of Finance , devise appropriate methods and prescribe the forms of records to be kept and the operating procedure to be followed in maintaining the proper accounts pertaining thereto. He/she shall also keep a record of all new or used permanent personal property acquired by the City and of its disposition . Sec. 33-2-2 . Periodic verification of property records and annual report. During the month of July of each year and at such other times as it is advisable, the property account shall be verified by means of a physical check of all personal property against the personal property records . A report of all items which are unaccounted for by physical check shall be compiled for each department, together with a statement of observations regarding the orderliness and adequacy of storage facilities and the care and use of property. A copy of this report shall also be submitted to the Director of Finance . Sec . 33-2-3 . City property subject to inspection. The -111- Chief Procurement Officer or his/her duly authorized agent shall have access to all offices , laboratories, storerooms , shops , lockers, storage cabinets, and all other places where property belonging to the City is kept, for the purpose of locating , inspecting , and labeling City property. Sec . 33-2-4. Departmental staff to assist in verification of records. It shall be the duty of the department heads and designated employees to cooperate with the designated property agents in the location, identification, marking and maintaining required property records for new acquisitions and during periodic spot audits. Sec . 33-2-5. Acquisition of property by purchase . The acquisition of permanent property by the City shall be ascertained from the finance records of the City. A record thereof shall be kept in appropriate form by the City Purchasing and Property Management Division for each department of the City. Upon recipt of the invoice and payment therefor , all property shall be permanently identified and labeled by the receiving department, and shall be subject to inspection and verification by Purchasing and Property Management Division personnel . Sec. 33-2-6. Acquisition of property by methods other than purchase. The acquisition of permanent property in some manner other than by direct purchase , e .g . , fabrication by departments, donations , gifts and the like, shall be reported to the Chief -112- Procurement Officer by the head of the department receiving the property. Appropriate acknowledgement and acceptance of donations and gifts should be made and a copy of the memorandum of the acceptance should be filed with the Chief Procurement Officer, and also in the files of the department head . Sec. 33-2-7. Use of property. The use of property for institutional and departmental purposes shall not be impeded by the use of property for matters personal to City employees or by removal from the building for other than recognized activities of the City. Sec. 33-2-8. Restrictions on removal of property. The removal of personal property from the building for recognized activities shall be restricted to those situations in which employees shall be personally responsible for and shall have custody and exercise immediate supervision over the property at all times , or in the absence of custody and immediate supervision, it shall be limited to occasions where due precautions have been taken to ensure its protection . The removal of property from the building for any purpose whatsoever which is inconsistent with the recognized activities of the City and its departments is strictly prohibited unless special permission is given by the Mayor . Any removal of property shall be subject to the procedure prescribed by the Chief Procurement Officer and approved by the Director of Finance. -113- Sec . 33-2-9. Department heads responsible for property. Each department head shall beheld responsible for the receipt, proper custody, appropriate labeling , use , and disposition of all personal property purchased for or used by his department, in accordance with the property accounting procedure. He shall be held ress pops ible for such exercise of due care and proper use of property within his department as is consistent with the powers of his office and with City facilities available for its protection. Department heads may designate members of their department to assist them in caring for departmental property . Sec. 33-2-10. Penalty for negligence or misuse . Failure of the department head to account properly for all personal property charged to a given department or to make satisfactory explanation as to the use and disposition of any item shall be deemed cause for investigation by the Purchasing and Property Management Division staff. If investigation determines that the loss is due to negligence or misapplication on the part of the department head , or some employee in his department, then those persons acting negligently or malfeasantly shall be held personally liable for all loss resulting therefrom. Sec. 33-2-11. Personally owned property subject to regulation. The use on the premises of personal property belonging personally to employees of the City, though not prohibited, shall nevertheless be subject to regulation in an effort to facilitate identification of personally owned property -114- as distinguished from City property and in order to allow for the movement of personally owned property to and from the premises in contradistinction to such movement of City property, which is prohibited . Sec. 33-2-12. Ownership must be declared with department head. All persons who , for their personal use and convenience , bring personally owned property to their place of employment, shall declare to their respective department heads the ownership of such property and shall file with the department head a statement of all such personally owned property used on the premises. In addition, the ownership of such personally owned property should be clearly indicated on each item. The record kept on file with the department head , together with the name of the owner appearing on the item, shall be deemed sufficient evidence to overcome the presumption that all property on the premises is property of the City. Small personal effects which are not usually provided by the City and which are not likely to be confused with similar items belonging to the City shall not be subject to this regulation. Sec . 33-2-13. Insurance protection not provided on personally owned property. The City , except by written agreement, will not provide insurance protection against loss of personally owned property, nor will the City be otherwise responsible for loss in case of fire, theft or destruction; nor will the City be responsible for the use or misuse of personally -115- owned property by its officers or employees. Sec . 33-2-14. Loan of personal property by Fire Department. Notwithstanding any provision of this chapter to the contrary, the Fire Department is authorized to lend items of personal property belonging to the City when such loan is made for the purpose of saving or preserving life and/or property in emergency situations. Whenever practical the Fire Department shall obtain a signed receipt for and an agreement to return any item of personal property so loaned . Sec. 33-2-15. Reporting surplus personal property . Department heads shall periodically identify surplus personal property within the possession of their departments and report such property to the Chief Procurement Officer for considera- tion. The Chief Procurement Officer shall also periodically review such reports to determine whether excess properties are on hand which need to be disposed of . Sec . 33-2-16. Methods of disposition. Personal property determined to be surplus under the criteria set forth in this chapter may be disposed of by one or more of the .following means: (1 ) Interdepartmental transfer. The Chief Procurement Officer shall maintain a system for determining whether inter- departmental transfers of property shall be made and the means by which transfers are to be effected . (2 ) Trade-in. The Chief Procurement Officer may authorize surplus personal property to be traded for other property or -116- equipment being purchased . ( 3 ) Sale or irrevocable transfer . The Chief Procurement Officer shall adopt specific written guidelines establishing requirements for notice, bidding or other conditions of sale or other transfer of personal property. (4 ) Salvage, discard or destruction. Inventoried City personal property shall not be salvaged , discarded or destroyed without the express written authorization of the Chief Procurement Officer or a designated representative . Sec . 33-2-17. Conveyance for value . (1 ) Every transfer of inventoried, City owned , personal property shall be conducted by the Chief Procurement Officer , or under his/her express written authority. All conveyances of such property shall be based upon the highest and best economic return to the City, except that consideration for property conveyed may be based on other public policy factors when conveyed to units of government or other public or quasi-public organizations . ( 2 ) The highest and best economic return to the City , as referred to herein , shall be estimated by one or more of the following methods : ( a) sealed ccinpetitive bid; ( b) Public auction; ( c) Evaluation by qualified and disinterested consultant; (d) Other professional publications and valuation -117- services; or ( e) An informal market survey by the Chief Procure- ment Officer in the case of items of personal property possessing readily discernable market value . (3 ) Sales of City personal property shall be based, whenever possible, upon competitive sealed bids or at public auction. The Chief Procurement Officer may, however , waive this requirement when the value of the property has been estimated by an alternate method specified under subparagraph (3) of this section, and : ( a) The value of the property is considered negligible in relation to the costs of sale by bid or at public auction; (b) Sale by bidding procedures or at public auction are deemed unlikely to produce a competitive offer ; or ( c) Circumstances indicate that bidding or sale at public auction will not be in the best interests of the City. Sec. 33-2-18. Validity of actions. No provision of this section shall be construed to require or to invalidate any conveyance by the City nor to vest rights or action of any kind against Salt Lake City , its officers, agents or employees . Sec . 33-2-19. Disposition of proceeds. All monies derived from the sales of personal property shall be credited to the General Fund of the City or, if the property was purchased with monies derived from an enterprise fund , then the general revenue -118- account of that fund . SECTION 62. That Chapter 3 of Title 38 of the Revised Ordinances of Salt Lake City, Utah, relating to sidewalk regulations, be, and the same hereby is amended to read as follows : Sec. 38-3-1 . Obstruction of sidewalks . It shall be unlawful for any person owning , occupying or having control of any premises, to place or permit upon the sidewalk or the half of the street next to such premises : ( 1 ) Any broken ware, glass, filth, rubbish, refuse ice, water , mud , _garbage , cans or other like substances . ( 2 ) Any lumber, wood , boxes, fencing , building material , dead trees , tree stumps , merchandise or other thing which shall obstruct such public street or sidewalk or any part thereof , or the free use and enjoyment thereof , or the free passage over and upon the same , or any part thereof, without the permission of the Mayor or his/her designee . Sec. 38-3-2 . Repealed . Sec . 38-3-3 . Cellar doors and other openings in streets or sidewalks. It shall be unlawful for the owner or occupant of any building having a cellar or other opening upon any street or sidewalk to fail to keep the door or other covering thereof in good repair and safe for the passage of the customary traffic on said street or sidewalk ; and if the owner or occupant of any s uc h building shall neglect or refuse to repair properly any such door -119- or covering for twenty-.four hours after notice from the Director of Public Works to do so , said director shall forthwith cause such repairs to be made at the expense of said owner or occupant. Sec . 38-3-7. Games on sidewalks or streets. It shall be unlawful for any person to obstruct any sidewalk or street by playing games thereon, such as marbles, jumping rope , flying of kites , hackey-sack , coasting , or to annoy or obstruct the free travel of any foot passenger, team or vehicle. Sec. 38-3-8. Repealed . Sec . 38-3-9. Obstructing sidewalk. It shall be unlawful for any person to remain standing , lying or sitting on any sidewalk for a longer period than two minutes, in such manner as to obstruct the free passage of pedestrians thereon , or wilfully to remain standing , lying or sitting thereon in said manner for more than one minute after being requested to move by any police officer, or wilfully to remain on any sidewalk in such manner as to obstruct the free passage of any person or vehicle into or out of any property abutting upon said sidewalk or any property having access to such sidewalk. Sec . 38-3-12. Sidewalks to be swept in front of places of business. It shall be unlawful for the owners or occupants of places of business within Salt Lake City to fail to cause the sidewalk abutting thereon to be swept or cleaned as necessary to -1 2 0- prevent an unreasonable accumulation of dirt, garbage or other material obstructing the sidewalk. SECTION 63. That Title 41 of the Revised Ordinances of Salt Lake City, Utah, relating to streets and bridges be, and the same hereby is amended to read as follows : Sec . 41-1-3 . Defects to be reported to Public Works Director or authorized designee. All defects in public streets , ccming to the knowledge of any officer of person in the employ of the City, shall be by him at once communicated to the Public Works Director or authorized designee, who shall cause adequate repairs to be made, and , until such repair is completed , he shall do whatever shall be necessary to protect the public from injury by reason of the defect . Sec. 41-1-4. Streets and bridges. Engineering fees. The city engineer shall charge and the city treasurer shall collect the fees for such services as provided for in the current fee schedule established by the Mayor, not to exceed $50. 00 per service. Sec . 41-3-3 . Bond required . With the application the applicant must file a bond in the sum of one thousand dollars idemnifying Salt Lake City and any person damaged , for any loss or damage of any kind whatsoever arising from the use of the public streets, sidewalks , alleys or highways in moving such structure or equipment. -1 21- Whenever in the opinion of the Mayor the bond provided for in this section shall be deemed inadequate for the protection of the city or the public , said Mayor may require the bond to be in any sum not exceeding five thousand dollars . Sec . 41-3-7. Occupation of underground area or street area. Permit required. It shall be unlawful for any person to erect or construct any stairway or passage leading from a street, avenue or alley , or basement or cellar of any building within the city limits of Salt Lake City , or to have any encroachment over the city property or occupy any portion of the street , alley or sidewalk or any portion of the public streets, avenues or alleys of Salt Lake City, unless the party so constructing the same shall have procured a permit to do so from the mayor or his/her designated agent. No permit shall be issued allowing any person to have an encroachment over the city area or occupy any area under a sidewalk at any street intersection between the property line and the curb line. It shall be unlawful for any person to occupy such area . Sec . 41-3-8. Id . Bond required . The applicant for such permit shall provide a corporate surety bond in the amount of not less than $25, 000 conditioned on the removal of the encroachment on City request and shall also provide a policy of insurance in the minimum sum of $2 50, 000 per person, $500, 000 per incident, which names Salt Lake City Corporation as an additional insured -1 2 2- and gives Salt Lake City 30 days notice of cancellation of the policy for whatever reason . Sec . 41-3-9. Repealed . Sec . 41-3-10. Id . Additional bond and waiver required , if applicant not owner. No permit shall be issued for any of the purposes set forth in section 41-3-7 of this chapter unless the applicant for such permit is the owner of the abutting property ; provided that a permit may be issued to the lessee of said property if the owner shall , in consideration of granting s uc h permit in writing waive in the name of such applicant, his heirs, executors , administrators, assigns or successors all claims for damages of every name or nature that may occur or accrue to the building abutting on such excavation or to the contents of said building by reason of water from the sewer, curb or water pipe along the street, and in said writing shall agree to indemnify Salt Lake City against all damages and claims for damages done to the property of any tenant of said building , or other person or property , by reason of water from the sewer, curb or water pipe along the street, resulting in whole or in part by reason of such excavation, which waiver shall be duly acknowledged according to law. If such applicant be the lessee of the abutting property , in consideration of granting such permit, he shall execute a corporate surety bond of not less than twenty-five thousand dollars, which shall be approved as to form by the City Attorney. Such bond shall run to Salt Lake City and to any -1 23- person injured , and shall be conditioned for the payment of all damages that may be adjudged against the principal named in said bond , or against said city on account of all claims for damages of every name and nature that may occur or accrue to the building abutting on such excavation, or to the contents of said building by reason of water from the sewer , curb or water pipe along the street, and against all damages and claims for damages done to the property of any tenant of said building , or other person or property by reason of water from the sewer, curb or water pipe , along the street resulting in whole or in part by reason of such excavation. Sec . 41-3-12. Repe al ed . Sec . 41-3-15. Repealed . Sec . 41-6-2 . It shall be the duty of the City Engineer, in numbering the houses or buildings upon the streets of Salt Lake City , to adopt a numbering system in accordance with the Salt Lake County addressing system allowing one number every 8.25 feet. The initial point shall be the junction of Main Street and South Temple and the numbering shall extend east, west, north and south with even numbers always on the right, and odd numbers always on the left , looking away from the initial point. In numbering such streets which do not strictly run in a compass -12 4- direction, the City Engineer shall attempt to make such numbering as consistent as possible with the scheme expressed above . Sec . 41-6-3 . Repealed . Sec. 41-6-4. Repealed . Sec . 41-6-5. Re pe al ed . SECTION 64. That Title 42 of the Revised Ordinances of Salt Lake City, Utah, relating to subdivisions and platting be , and the same hereby is amended to read as follows : Sec. 42-2-5. Repealed . Sec . 42-7-15. Repealed . Sec . 42-9-7. Administrative Appeal . An administrative appeal to the mayor may be made from any decision, determintion or requirement of the Planning Commission or City Engineer by filing a notice thereof by an aggrieved party in writing as provided in Section 47-6-5 of the City' s Site Development Regulations , or its successor , referred to in Chapter 1 of Title 47 of these ordinances. Action on the appeal shall follow the procedure set forth in said section. Such notice shall set forth in detail the action and grounds upon which the subdivider deems himself aggrieved . Sec . 42-9-8. Repealed . SECTION 65. That Section 43-2-9 of the Revised Ordinances -125- of Salt Lake City , Utah, relating to liability insurance or indemnity bond required , be , and the same hereby is amended to read as fo.l l ows : Sec . 43-2-9. Liability insurance or indemnity bond required. No certificate of public convenience and necessity shall be issued or continued in operation unless there is on file with the City Recorder a certificate of insurance executed by an insurance company or association authorized to transact business in this state , upon a form as prescribed by the mayor , that there is in full force and effect a policy of insurance conditioned to pay any final judgment against the holder of said certificate of public convenience and necessity for bodily injury to or death of any person resulting from the negligent operation , maintenance or use of taxicabs under such certificate , or for loss or damage to the property of others , in amounts established by Section 63-30- 34, Utah Code Annotated , or its successor, as maximum amounts for which a governmental entity may be held liable. Such policy or policies shall cover all taxicabs used or to be used . SECTION 66. That Section 44-2-9 of the Revised Ordinances of Salt Lake City , Utah, relating to liability insurance or indemnity bond required be , and the same hereby is amended to read as follows : Sec . 44-2-9. Liability insurance or indemnity bond required. No operation shall be conducted pursuant to the authority of any issued certificate of public convenience and -126- necessity unless there is on file with the city recorder a certificate of insurance executed by an insurance company or association authorized to transact business in this state, upon a form as prescribed by the mayor that there is in f ull force and effect a policy of insurance conditioned to pay any final judgment against the holders of said certificate for bodily injury to or the death of any person resulting from the negligent operation , maintenance , or use of ambulances under such certificate, or for the loss or damage to the property of others, in the amounts established by Section 63-30-34, Utah Code Annotated , or its successor, as maximum amounts for which a governmental entity may be held liable. Such policy or policies shall cover all ambulances used or to be used . SECTION 67. That Section 44-5-6 of the Revised Ordinances of Salt Lake City , Utah, relating to filing of schedule of fares and charges required , be, and the same hereby is amended to read as follows : Sec . 44-5-6. Filing of schedule of fares and charges required. Any holder of a certificate shall keep on file with the mayor and the rate review board , a current schedule of all fares and charges for its transportation service hereunder, and no transportation shall be performed or service rendered except in conformity therewith. SECTION 68. That Title 46 of the Revised Ordinances of Salt Lake City, Utah , relating to traffic code be, and the same hereby -127- is amended to read as follows : Sec . 9. Repealed . Sec . 24. Motorcycle. "Motorcycle" shall mean every motor vehicle having a seat or saddle for the use of the rider and designed to travel on not more than three wheels in contact with the ground , but excluding a tractor . Sec . 74 through 74. 6 Repealed . Sec . 90 . Traffic Signals. The city transportation engineer is authorized to place and maintain traffic-control signals as needed . Sec . 93 . ( b) Upon request, exhibit his or her operator' s license to the person struck or the driver , occupant of or person attending any vehicle collided with, and Sec . 117. Speed Limits. Where no special hazard exists that requires a lower speed for compliance with the preceding section the speed of any vehicle in excess of limits specified in this code is prima facie evidence that the speed is not reason- able or prudent and that it is unlawful : (1 ) Twenty miles per hour : (a) Upon meeting or overtaking any school bus which -128- has stopped on the street for the purpose of receiving or discharging any school children, provided such school bus bears upon the front and rear thereof a plainly visible sign containing the words "School Bus" in letters no less than four inches high which can be removed or covered when the vehicle is not in use as a school bus . ( b) When passing a school building or the grounds thereof , or through a designated school crossing zone during school recess or while children are going to or leaving school during opening or closing hours . ( 2 ) Twenty-five miles per hour :On all streets and at all places the prima facie speed limit shall be twenty-five miles per hour , except as otherwise provided in subsection 1 of this section or in such other streets or places as otherwise posted or marked as directed by the City Transportation Engineer . Sec . 184. 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 : ( 1) 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 ; -1 29- ( 2 ) 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 vehicle until completely passed by the overtaking vehicle . (3 ) On the 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 the over-taking vehicle by moving safely to the right , and may not impede the movement or free flow of traffic in a left lane except : ( a) when overtaking and passing another vehicles proceeding in the same direction under the rules governing this movement; (b) when preparing to turn left; ( c) when reasonably necessary in response to emergency conditions ; (d) to avoid actual or potential traffic moving onto the right lane from an acceleration or merging lane ; or ( e) when necessary to follow the highway direction signs that direct use of a lane other than the right lane . ( 4 ) Violation of this section is a class B misdemeanor. Sec . 192. Repealed . Sec. 208. One-way streets and alleys . Upon those streets and parts of streets and in those alleys designated one-way , -1 30- vehicular traffic shall move only in the indicated direction when signs indicating the direction of traffic are erected and maintained at every intersection where movement in the opposite direction is prohibited . Sec . 210. Repealed . Sec . 212. Re peal ed . Sec . 219. Repealed . Sec. 220. Repealed . Sec . 220. Railroad grade crossings. Certain vehicles must stop. Exceptions. Regulations . ( 1 ) Except as provided in subsection ( 2 ) , the driver of any vehicle described in regulations issued pursuant to subsection (3) , before crossing at grade any track or tracks of a railroad , shall stop within fifty feet but not less than ten feet from the nearest rail of such railroad and while so stopped shall listen and look in both directions along such track for any approaching train, and for signals indicating the approach of a train and shall not proceed until it can be done safely. After stopping as required and upon proceeding when it is safe the driver shall cross only in a gear which will ensure no necessity for manually changing gears while traversing the crossing and the driver shall not manually shift gears while so crossing . -1 31- ( 2 ) This section shall not apply at: ( a ) Any railroad grade crossing where traffic is controlled by a police officer or human flagman; ( b ) Any railroad grade crossing where traffic is regulated by a traffic-control signal ; ( c ) Any railroad grade crossing where an official traffic-control device gives notice that the stopping requirement imposed by this section does not apply. ( 3 ) The departent of transportation shall adopt necessary regulations describing the vehicles which must comply with the stopping requiranents of this section. In formulating the regulations the department of transportation shall give consideration to the number of passengers carred by the vehicle and the hazardous nature of any substance carried by the vehicle. Such regulations shall correlate with and so far as possible conform to the most recent regulation of the United States Department of Transportation . Sec . 245. Repealed . Sec . 276. Equipment. ( 1) Any bicycle operated upon any street, alley, sidewalk or public way of this city shall be equipped with a brake which will enable the operator to control the movement of and to stop and hold such bicycle . -1 32- ( 2 ) Every bicycle in use at the times described in section 41-6-118 of the Utah Code Annotated , 1953, as amended , or its successor, shall be equipped with a lamp on the front emitting a white light visible from a distance of at least 500 feet to the front and with a red reflector of a type approved by the department which shall be visible for 500 feet to the rear when directly in front of lawful lower beams of head lamps on a motor vehicle . ( 3 ) Every bicycle when in use at the times described in section 41-6-118 of the Utah Code Annotated , 1953, as amended , or its successor, shall be equipped with reflective material of sufficient size and reflectivity to be visible from both sides for 500 feet when directly in front of lawful lower beams of head lamps on a motor vehicles , or, in lieu of such reflective material , with a lighted lamp visible from both sides from a distance of at least 500 feet . ( 4 ) A bicycle or its rider may be equipped with lights or reflectors in addition to those required by subsections (2) and ( 3 ) of this section. Sec. 285. Repealed . Sec . 286. Repealed . Sec . 288. Parking permit required . ( a) Only vehicles displaying a valid and authorized parking permit issued by the City shall be allowed to park in the areas designated in Section -13 3- 287 of this Article. Any parking space in the aforementioned facilities , specifically designated for a particular vehicle by number of other denotation, shall be occupied only by a vehicle displaying a parking permit bearing that particular number of identification. ( b) SECTION 69. That Title 50 of the Revised Ordinances of Salt Lake City, Utah, relating to weights , measures and petroleum inspection, be, and the same hereby is, REPEALED. SECTION 70. That Sections 51-13-7 through 51-13-10 of the Revised Ordinances of Salt Lake City , Utah, 1965, as amended , be and hereby are repealed and Sections 51-13-7 through 51-13-11 are hereby enacted to read as follows : Sec . 51-13-7. Conditional Uses in Historic Buildings . Intent. The purpose of creating historic districts and placing individual structures on historic registers is to preserve those buildings which represent the history of events, individuals or architecture which are important to the character of Salt Lake City . Wherever possible, it is intended that buildings placed on historical registers be preserved for their architecural or historical merit and that these buildings be used pursuant to their existing zoning requirements to contribute to the stability of the district in which they are located . It is not the intent to commercialize these structures in any way ; however, when an -134- individual building is of such importance and where it is shown that there is no way of utilizing the building and meeting zoning restrictions of the district in which it is located without destroying the historical character of the building , and where , unless special exceptions are granted , the building is immediately threatened with destruction, the Board of Adjustment may grant a conditional use under the terms and requirements specified below. Sec . 51-13-8. Application. Applications for conditional use may be filed by the owner of the property for which the conditional use is sought, or his authorized representatives. The application shall specify the use proposed for the building and state why the factors for granting the use as specified in Section 51-13-10, or its successor, are applicable . Sec . 51-13-9. Conditional Uses in Historic Buildings . Conditional uses in historic districts shall be allowed only for those individual homes which are of such historic importance that they are individually listed on the historic register. In any residential district, the Board of Adjustment may permit, as a conditional use in historic buildings , the following uses : ( 1 ) Any use allowed in a less restrictive residential district; ( 2 ) Limited retail businesses which do not change the basic character of the building in the district in which it is located and where there are no signs or display windows . -135- Sec . 51-13-10. Conditional Uses in Historic Buildings. Aspects to be Considered by Board of Adjustment. The Board of Adjustment may approve an application for conditional uses only if the facts presented establish : ( 1 ) The building is immediately threatened with destruc- tion; ( 2 ) The building cannot be used for any uses for which it is zoned; ( 3 ) That any uses or feature as proposed will not be detrimental to the health, safety, convenience or general welfare of persons residing or working in the vicinity , or injurious to property, improvements or potential development in the vicinity , nor contribute in any way to. the instability of the neighborhood, with respect to aspects including , but not limited to, the f o l l owi ng : ( a) The size and shape and arrangement of structures; ( b) The accessibility and traffic patterns for persons and vehicles, the type and volume of such traffic , and the adequacy of proposed off-street parkin and loading; ( c) The safeguards afforded to prevent noxious or offensive emissions such as noise , glare , dust, and odor ; and (d) The desirability of providing landscaping , screening , open spaces , parking and loading areas , service areas, lighting and signs. -13 6- (4 ) That such use or feature as proposed will comply with the applicable provisions of this title and will not adversely affect the Master Plan of Salt Lake City; also (5 ) That such use or features proposed is conducive to the preservation of the historic and/or architectural characteristics of the building and preserves or increases the desirability of the neighborhood as a residential area. Sec. 51-13-11. Conditional Uses of Historic Buildings . Assuring Preservation. Before the Board of Adjustment shall render a final decision on an application for a conditional use , it shall first secure the favorable recommendation of the Salt Lake City Historic Landmark Committee and the favorable recommendation of the Salt Lake City Planning and Zoning Commission . SECTION 71 . This Ordinance shall take effect as of the date of its first publication . Passed by the City Council of Salt Lake City , Utah, this 18th day of November , 1986. 4;iz - 0�� CHAIRMAN ATTEST: .<P"ROVW AS ro VORM BA Lake City Afforney's office CITY REC R ER , -1 37- Transmitted to the Mayor on December 1.8, 19A6 Mayor' s action: 12/18/86 Approved Vetoed MAYOR ATTEST: CITY R DER cc131 S i+, A l« ') Bill 88 F'u 'ais���` AA —138—