088 of 1999 - Administrative Traffic Enforcement Program0 99-1
0 99-31
SALT LAKE CITY ORDINANCE
No. 88 of 1999
(Administrative Traffic Enforcement Program)
AN ORDINANCE ENACTING CHAPTER 2.75, SALT LAKE CITY CODE,
RELATING TO ADMINISTRATIVE TRAFFIC ENFORCEMENT PROGRAM AND
OTHER RELATED CHANGES.
WHEREAS, the City Council believes a Civil Traffic Enforcement Program
with an Administrative Law Judge to be the most efficient method of handling
most vehicle traffic violations while providing justice to offenders, witnesses, and
others affected by the actions of offenders; and
WHEREAS, it is the intent of the City Council to have the Administrative
Law Judge be independent of the Council and Mayor while being held
accountable for the faithful administration of his/her duties; and
WHEREAS, after extensive study and analysis of this issue, the City
Council finds this ordinance to be in the best interest of the City;
NOW. THEREFORE. be it ordained by the City Council of Salt Lake City,
Utah:
SECTION 1. That Section 2.59.010 of the Salt Lake City Code shall be
and hereby is amended to read as follows:
2.59.010 Purpose.
It is the purpose of this chapter to provide for the issuance of city
subpoenas for any reason to the full extent authorized by state law, including but
not limited to Section 10-3-610, Utah Code Annotated.
SECTION 2. Section 2.59.030 of the Salt Lake City Code shall be and
hereby is enacted to read as follows:
2.59.035 Administrative Law Judge Subpoenas.
A. Administrative Law Judges may authorize a subpoena to compel
the attendance of witnesses and to give testimony or to produce records and
documents or other items.
B. The subpoena may be authorized upon signature of an
Administrative Law Judge. No counter signature shall be required.
SECTION 3. Section 2.59.040 of the Salt Lake City Code shall be and
hereby is amended to read as follows:
2.59.040 Issuance of Subpoenas.
A. All city subpoenas shall be issued by the city recorder's office. The
recorder's office shall keep a record containing: (1) the date of issuance, (2) the
matter of for which the subpoena was issued, (3) returns of all subpoenas, and
(4) at whose request the subpoena was issued.
B. All subpoenas shall be issued with an original and a copy. The
original, together with proof of service, shall be returned to the recorder's office
and a copy left with the person upon whom it is served.
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C. The subpoena shall be issued in the name of the city and shall be
entitled "City Subpoena" and shall state whether it is before the legislative
branch, the executive branch, or the Administrative Law Judge. The subpoena
shall state the title of the matter being heard and shall command each person to
whom it is directed to attend and give testimony and/or produce records or
documents at a time and place specified in the body of the subpoena.
SECTION 4. Chapter 2.75 of the Salt Lake City Code shall be and hereby
is enacted to read as follows:
Chapter 2.75
ADMINISTRATIVE TRAFFIC ENFORCEMENT PROGRAM
2.75.010 Definitions
Whenever the following terms are used in this Chapter, they shall have
the meanings set forth herein.
A. "Administrative Citation" shall mean a civil finding by a law
enforcement officer that a violation of Title 12 of the City Code, as provided in
Section 2.75.020, has occurred.
B. "Administrative Enforcement Program" shall mean a non criminal
enforcement of traffic laws and such other enforcement programs as may be
designated by city ordinances.
C. "Administrative Law Judge" or "ALJ" shall mean a person selected
to be the final decision maker of non criminal traffic matters and such other
administrative adjudications as may be designated by City ordinances.
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D. "Civil Penalty" shall mean the fine, forfeitures or assessment
imposed by the ALJ in the Administrative Enforcement Program.
E. "Referee" shall mean an individual designated as a hearing officer,
violation coordinator, or such other term which designates an individual who has
authority to make decisions regarding Administrative Citations that have been
issued by a law enforcement officer, and before the matter is referred to the ALJ.
2.75.020 Administrative Law Judge
A. DUTIES. The ALJ may: (1) establish policies and procedures for
handling appeals consistent with the purposes and intent of this chapter; (2)
formulate and maintain a schedule of penalties, surcharges and assessments;
(3) issue administrative subpoenas in accordance with Chapter 59 Title 2 of the
City Code; (4) give to the City Director of Management Services any and all
information necessary for disciplinary action should any staff violate City policies
or the ALJ policies and procedures.
B. POLICIES AND PROCEDURES. The ALJ has authority to
establish written policies and procedures consistent with the purposes and intent
of this Chapter.
C. TERM. The ALJ shall serve for 6 years or until such time as the
position is eliminated from the City staffing document, whichever may occur first.
The ALJ may be reappointed to a subsequent term, without engaging in the
entire selection process described above, upon nomination by the Mayor and
consent by the City Council.
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D. REMOVAL. The ALJ shall be subject to removal during the term of
office for cause, including but not limited to malfeasance, misfeasance or
nonfeasance.
E. NUMBER. The number of ALJs shall be at least one, but may be
as many as the case load may require and as funded by the City Council.
F. PRESIDING ALJ. In the event there is more than one ALJ, the
presiding ALJ shall be selected by vote of ALJs, but no ALJ may serve more
than one consecutive term as presiding ALJ. The term for the presiding ALJ
shall be two years.
2.75.030 Administrative Law Judge Selection Process
A. NOMINATING COMMISSION: A nominating commission of five
residents of Salt Lake City shall be selected by the Mayor to nominate a qualified
person to serve as ALJ. The nominating commission members shall be selected
so that there is no more than one member selected from any one City Council
District. No more than three members shall be members of the same political
party. At least one but no more than three members of the commission shall be
members, of the Utah State Bar.
B. PANEL OF NOMINEES: The commission shall select a panel of
five qualified persons whose names are to be submitted to the Mayor. The
Mayor shall select one person from the panel and shall forward the name of the
selected person to the City Council for their advise and consent. Should the City
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Council refuse consent, the Mayor may choose another person from the panel or
may request the Commission to select a new panel of nominees.
C. QUALIFICATIONS: The Administrative Law Judge shall be (1)
admitted to practice law in the State of Utah; (2) a member in good standing of
the Utah State Bar; (3) at least 25 years of age; and (4) a Utah resident for three
consecutive years immediately preceding selection.
2.75.040 Pro Tempore Administrative Law Judge
The Mayor shall have power, any time after adoption of this Chapter, to
appoint an ALJ to act pro tempore under the following circumstances: (1) until
such time as a vacant ALJ position is filled permanently in accordance with this
Chapter; or (2) to fill any temporary vacancy of more than thirty (30) days.
2.75.050 Referee
A. DUTIES. Consistent with the policies and procedures promulgated
by the ALJ, the Referee may receive civil penalties, surcharges, and
assessments owed; certify to the State that violations did occur so that points
may be assessed to the violator pursuant to U.C.A. §53-3-221; reduce civil
penalties owed; dismiss citations upon payment of fees and attendance at traffic
school; enter into agreements for the timely or periodic payment of penalties,
surcharges and assessments; and perform such other duties as deemed
necessary or desirable by the ALJ to carry out the purposes of this Chapter in
accordance with justice and equity.
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B. ACCOUNTABILITY. The Referee shall serve as the staff for the
ALJ but shall be supervised as an employee under the direction of the City
Director of Management Services or his/her designee.
2.75.060 Civil Violations
A. When an Officer determines that a violation of Title 12 has
occurred, the Officer may only issue an Administrative Citation as provided in
this Chapter.
B. An Officer shall not issue an Administrative Citation for any of the
following violations of the City Code, which shall continue to be processed
pursuant to criminal procedures:
1. Section 12.12.090 (Cruising);
2. Sections 12.16.010 through 12.16.120 (Accidents);
3. Section 12.20.010 (False information);
4. Section 12.24.010 (Violations of driver licensing and no fault
insurance requirements);
5. Section 12.24.100 (Driving under the influence of drugs or alcohol);
6. Section 12.36.020 (Speed limits), if the person is operating a
vehicle at a speed greater than 24 miles per hour over the speed
limit;
7. Section 12.52.350 (Reckless driving);
8. When any person has three or more moving violations in a single
episode; or
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9. When any violation of Title 12 occurs in conjunction
with any of the violations listed above or in conjunction with any
other criminal violation.
2.75.070 Parking Violations
The provisions of 12.56.550 (Parking violations) shall be administered as
a part of this Administrative Enforcement Program.
2.75.080 Appeals of Administrative Citations
A. The ALJ shall hear and decide all appeals of Administrative
Citations.
B. Any person having received an Administrative Citation shall within
20 days either pay the civil penalty, surcharge or assessment as contained in the
fee schedule, or file a written request for a hearing before the ALJ.
C. Any person receiving an Administrative Citation who requests a
hearing may choose to discuss the matter with a Referee for informal resolution
prior to the hearing before the ALJ.
D. If the matter is resolved by the Referee, the hearing request shall
be dismissed.
E. Hearings before the ALJ may be informal, but shall be conducted in
a manner to provide adequate due process to all parties, including, but not
limited to the following: (1) the right to appear in person or represented by
counsel; (2) the right to subpoena witnesses at the expense of the requesting
party in accordance with Chapter 2.59 of the City Code; (3) Utah Rules of
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Evidence and Utah Rules of Civil Procedure may be used as guidelines in the
conduct of hearings, but need not be strictly followed or applied; (4) persons or
their attorneys have the right to cross examine witnesses; (5) all proceedings
before the ALJ shall be recorded by audio recording which, together with any
documents in the file, shall constitute the official record of the proceedings; and
(6) the ALJ shall make written findings of fact and conclusions of law as part of
the decision.
F. In a hearing before the ALJ the City bears the burden to prove the
existence of a violation by a preponderance of the evidence.
G. If the ALJ finds that the burden of proof has not been met, the ALJ
shall dismiss the Administrative Citation.
H. If the ALJ finds that a violation did occur, the ALJ may enter such a
finding, assess or reduce the penalties, surcharges and assessments as justice
requires; certify the violation to the State so that points may be assessed to the
violator; enter into an agreement for the timely or periodic payment of the
penalties, surcharges and assessments; require attendance at traffic school; or
take any other action consistent with this Chapter.
I. If the penalties, surcharges and assessments imposed pursuant to
this Chapter remain unsatisfied after twenty (20) days from the issuance of the
Administrative Citation and no written request for a hearing has been filed, or ten
(10) days have passed from the date of payment ordered by the ALJ, the City
may use such lawful means as are available to collect such penalties,
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surcharges, and assessments, including costs and attorney's fees. Any
additional penalties are stayed upon filing the request for hearing.
2.75.090 Schedule of Penalties, Surcharges and Assessments
A. The ALJ shall formulate and maintain for public review a Civil
Penalty, surcharge, and assessment schedule. The schedule shall list standard
penalty amounts for violations of Title 12. Between the effective date of this
ordinance and the date that the ALJ adopts the schedule, penalties, surcharges
and assessments shall be imposed according to the Interim Schedule attached
hereto as Exhibit "A" Insofar as is practical the ALJ shall follow Rule 4-302 of the
Rules of Judicial Administration in establishing the penalty schedule.
B. The cumulative total of all civil penalties, surcharges and
assessments for each citation shall not exceed those prescribed for class B
misdemeanors as set forth in U.C.A. § 76-3-301 and 303, as amended.
C. Revenues obtained from Administrative Citations in excess of
budgeted amounts shall be segregated from other funds. Such funds will not be
spent until appropriated by the City Council.
2.75.100 Surcharge Fees
A. The ALJ shall assess a building fee surcharge equal to the State
fee provided in U.C.A. § 21-1-5(2)(d)(ii). The City shall remit the building fee
surcharge to the State for use as specified in U.C.A. § 21-1-5(3) until such time
as the bonding indebtedness for the Matheson Courthouse is retired.
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B. The ALJ shall also assess a traffic mitigation surcharge as provided
in U.C.A. §63-63b-101. The City shall retain the traffic mitigation surcharge and
report its use as specified in U.C.A. §63-63b-101.
C. The ALJ shall also assess the State surcharge as provided in
U.C.A. § 63-63a-1. The City shall pay all of said surcharge to the State of Utah.
If the State does not accept, or rebates such funds, the funds shall be retained
by the City.
2.75.110 Appeals From ALJ Decisions
Appeals from ALJ decisions shall occur by filing an action in the Third
District Court in accordance with Utah state law for review of local government
administrative decisions.
SECTION 5. This ordinance shall take effect on December 1, 1999, or
upon the date of first publication, whichever occurs later.
Passed by the City Council of Salt Lake City, Utah this 9tn day of
November , 1999.
EST:
HIEF DEPUTY IT ECORDER
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CHAIRP RSON
17/1
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Transmitted to Mayor on
11-9-99
Mayor's Action: xxx Approved.
keA__
CHIEF DEPRECORDER
(SEAL)
Bill No. 88 of 1999.
Published: 11-26-99
ATTEST:
MAYOR
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Vetoed.
- 99
EXHIBIT A
INTERIM SCHEDULE OF PENALTIES, SURCHARGES AND ASSESSMENTS
A. Penalties for Administrative Citations shall be imposed as follows:
City Code
Violation Description Amount
12.100.090 RR GRADE CROSSING - DUTY TO STOP $67
12.100.110 TRAIN BLOCKING INTERSECTION $207
12.104.3 RESTRICTED ROAD/TRUCK USE OF SMALLER RD $207
12.12.020 FAIL TO COMPLY W/POLICE TRAFFIC ORDER $107
12.12.070 USE OF SKATEBOARDS & OTHER TOY VEH $107
12.12.070 (B) USE OF SKATEBOARDS & OTHER TOY VEH IN CBD $107
12.24.030 INCOMPETENT DRIVER OP MOTOR VEH $307
12.24.040 PERMIT INCOMP DRIVER TO OP MOTOR VEH $307
12.24.050 DRIVE WHILE FATIGUED/ILL $307
12.24.060 INCAPABLE DRIVERS TO OP MOTOR VEH $307
12.24.070 OPEN CONTAINER/DRINKING ALCOHOL IN VEH $107
12.24.080 INTOX PERSON IN/ABOUT VEH $307
12.24.090 PERMIT USE OF VEH BY HABITUAL USER $142
12.28.010 NO VEH SAFETY INSP $47
12.28.020 (1) EXPIRED REGISTRATION $47
12.28.020 (2) LOCATION/POSITION OF PLATES $47
12.28.020 (3) DRIVE W/O REGISTRATION OR OUT OF STATE PLATES $107
12.28.020 (4) REG EXPIRED PLATES/TEMP STICKER $67
12.28.020 (B) DRIVE W/O OR IMPROPER REGISTRATION $67
12.28.050 REG CARD NOT IN VEHICLE/NOT SIGNED $67
12.28.060 REMOVE REG/PLATES BEFORE SALE $67
12.28.070 REG MUTILATED/ALT $107
12.28.080 REQUIRED CHILD RESTRAINT NOT USED $87
12.28.085 SEAT BELT VIOLATION $37
12.28.090 EQUIP VIO $67
12.28.090 (B) FAIL TO TURN ON HEADLIGHTS $67
12.28.090 (E) NO HEADGEAR ON MOTORCYCLE $67
12.28.090 (A) ILLEGAL VEHICLE ALTERATIONS $67
12.28.100 MUFFLER VIOL $157
12.28.110 EQUIP OBST VISIBILITY-WINDSHIELD/WINDOWS $157
12.28.120 AIR POLLUTION CONTROL VIOLATION $157
12.28.130 NO FLAG/LIGHT ON LOAD EXTENSION $67
12.28.140 DRIVE OUT OF TRUCK ROUTE -RESTRICTED VEHICLE $157
12.28.160 OVERWEIGHT PERMIT $157-$600
12.32.020 FAIL TO OBEY TRAFFIC CONTROL DEVICES $57
12.32.030 PED DISOBEYING SEMAPHORE $77
12.32.040 OBEDIENCE TO FLASHING SEMAPHORE $77
12.32.050 PED DISOBEYING SEMAPHORE WALK/DON'T WALK $77
12.32.060 CROSSING HIGHWAY DIVIDER $77
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12.32.080 UNAUTH TRAFFIC CONTROL DEVICE -PUB NUIS $107
12.32.100 GOING THROUGH BARRICADE $77
12.36.010 TOO FAST FOR EXISTING CONDITIONS $57
12.36.020 SPEEDING $47
12.36.030 DRIVING TOO SLOW IMPEDING TRAFFIC $57
12.36.040 (1) EXHIBITION DRIVING ON HIGHWAY $87
12.36.040 (2) RACING/SPEED CONTEST $87
12.40.010 WRONG WAY ON ONE WAY STREET $57
12.40.030 (A) DRIVER TO FOLLOW DIRECTIONS OF TRAFFIC $75
12.40.030 (B) DRIVER PASSING AROUND ISLAND $57
12.44.010 DRIVING ON LEFT OF ROAD WHEN PROHIBITED $57
12.44.020 IMP PASSINGNEH SAME DIRECTION $57
12.44.030 IMP PASSINGNEH OPPOSITE DIRECTION $67
12.44.040 IMP PASSING ON RIGHT OF VEHICLE $67
12.44.060 MOTORCYLE RULES $67
12.44.070 LIMITED ACCESS HIGHWAYS-ENTERING/EXITING $107
12.44.080 NON MOTOR VEHICLE ACCESS ROADS $67
12.44.090 FOLLOW ANOTHER VEH TOO CLOSELY $67
12.44.100 DRIVE ON WRONG SIDE OF ROADWAY 2 WAY ROAD $67
12.44.110 CROSSING HIGHWAY DIVIDER $57
12.44.120 IMPROPER LEFT/RIGHT TURN AT INTERSECTION $57
12.44.130 IMPROPER TURN MOVEMENT $57
12.44.140 TURN/STOP/CHANGE LANES W/O SIGNAL $57
12.44.150 TURN REG AFTER SIGNAL $57
12.44.160 MOVING INTO TRAFFIC -SIGNAL REQUIRED $57
12.44.170 SUDDEN STOP OR DECREASE/SPEED $57
12.44.180 IMPROPER U TURN $57
12.44.190 FAIL TO YIELD RIGHT OF WAY AT INTERSECTION $57
12.44.200 FAIL TO YIELD-VEH TURNING LEFT $57
12.44.210 FAIL TO YIELD-ENTER/CROSS HIGHWAY $57
12.44.220 FAIL TO STOP FOR EMERGENCY VEH $87
12.44.240 FAIL TO YIELD RIGHT OF WAY AT YIELD SIGN $67
12.48.030 RIGHT OF WAY -STOP SIGNS $67
12.48.040 FAIL TO YIELD/MERGING FROM ALLEY OR DRIVEWAY $67
12.48.050 STOPPING WHEN TRAFFIC/PED OBST $67
12.48.060 CUTTING CORNERS $67
12.48.070 RR GRADE CROSSING - DUTY TO STOP $67
12.48.080 RR GRADE CROSSING - DRIVING AROUND GATES $67
12.48.100 PASSING SCHOOL BUS WHILE UNLOADING PASS $207
12.52.010 PROPER CONTROL BY DRIVER $67
12.52.020 FAIL TO KEEP A PROPER LOOKOUT $67
12.52.030 SEATING RESTRICTIONS FOR DRIVER OF VEH $67
12.52.040 SEATING IMP/OBST TO DRIVER $67
12.52.050 OBSTRUCTION TO DRIVER'S VIEW $67
12.52.060 ONE ARM DRIVING $67
12.52.070 PASSENGER OBST VIEW/CONTROL $67
12.52.080 TV PROH IF DRIVER CAN VIEW SCREEN $67
12.52.090 OP VEH/W/CHILD STANDING ON SEAT $87
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12.52.100 OPENING DOORS INTO TRAFFIC $67
12.52.120 IMPROPER BACKING $67
12.52.130 FAIL TO DIM HEADLIGHTS $67
12.52.150 STOPPING HAZARDOUS/CONGESTED PLACES $87
12.52.160 DRIVE THROUGH SAFETY ZONE RR TRACKS $87
12.52.170 ILLEGAL USE OF HORNS AND WARNING DEVICES $67
12.52.180 EXCESSIVE FUMES/SMOKE - ENGINE /POWER SYSTEM $157
12.52.190 EXCESSIVE MUFFLER NOISE $157
12.52.200 LEND VEH/RECORDS/INFO ETC UNLAW $77
12.52.230 FOLLOWING FIRE APPARATUS PROH $77
12.52.240 DRIVE OVER FIREHOSE $77
12.52.270 FUNERAL PROCESSION -DRIVING THRU UNLAW $67
12.52.280 DRIVE ON THE SIDEWALK $67
12.52.290 DRIVE ON NEW ASPHALT $67
12.52.300 (A) LITTERING FROM VEHICLE $207
12.52.300 (E) FAIL TO SECURE LOAD -NON-COMMERCIAL $57
12.52.310 (A) INTERF W/ANY VEH OP $87
12.52.310 (B) INTERF W/MOTORCYCLE OP $87
12.52.320 INJURE/TAMPER WNEHICLE $77
12.52.330 ATTACHING BIKE/SLED/ETC TO MOVING VEHICLE $87
12.52.340 NEG COLLISION $67
12.52.510 STOPPING HAZARDOUS/CONGESTED PLACES $67
12.56.080 UNATTENDED VEH LEFT RUNNING $67
12.56.090 LIGHTS ON PARKED VEHICLE $87
12.56.380 PARKING IN RESTRICTED ZONE $67
12.56.440 STOP/PARK ON ROADWAYS $67
12.56.490 OBSTRUCT TRAFF BY IMPROPER PARKING $67
12.76.010 PED VIOL CROSSING STREET $77
12.76.020 PED OBEY TRAFFIC CONTROL DEVICES $77
12.76.030 YIELD TO PED'S RIGHT OF WAY $77
12.76.040 VEHICLE STOPPED AT CROSS WALK PED'S RIGHT OF WAY $77
12.76.060 UNLAW USE OF ROADWAY BY PED $77
12.76.070 (A) SOLICITING RIDES (THUMBING) $77
12.76.070 (B) SOLICITING RIDES OR EMPLOYMENT $77
12.76.090 OBSTRUCTING SIDEWALKS BY PED $77
12.80.010 (A) BICYCLE LICENSE REQUIRED $77
12.80.010 (1) BICYCLE LICENSE REQUIRED/DISPLAYED $67
12.80.040 BICYCLE RIDERS SUBJECT TO TRAFFIC LAWS $77
12.80.060 BICYCLE EQUIPMENT $67
12.80.070 BICYCLES MISCELLANEOUS RULES $77
12.88.020 MOTOR VEH NOISE LIMITS $157
12.88.020 (1) LOUD STEREO $157
12.28.060 FALSE EVIDENCE- TITLE/REG/PLATES $157
12.28.150 SPECIAL PERMITS FOR RESTRICTED VEHICLE $107
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B. Surcharges for Administrative Citations shall include the following:
1. Seven dollar ($7.00) building fee for the Matheson Courthouse.
(U.C.A. § 21.1.5(2)(d)(ii)); and
2. Ten dollar ($10.00) traffic mitigation fee (U.C.A. § 63-63b-101).
3. A 35% State surcharge (U.C.A. § 63-63a-1).
C. Assessments for Administrative Citations shall be calculated as follows:
1. Thirty dollars ($30.00) if the citation remains unpaid after twenty
(20) days; and
2. An additional thirty dollars ($30.00) for each additional twenty (20)
day period during which the citation remains unpaid.
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