035 of 2023 - Accessible Parking Space Violation
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SALT LAKE CITY ORDINANCE
No. 35 of 2023
(Accessible Parking Space Violation)
An ordinance amending sections 12.56.120, 12.56.130, 12.56.550 and 12.56.570 of the
Salt Lake City Code to adjust penalties for accessible parking space violations to better
correspond with similar penalties described in the State of Utah Uniform Fine Schedule.
WHEREAS, Salt Lake City code sections 12.56.120 and 12.56.130 prohibit
vehicles from parking in accessible parking spaces unless that vehicles displays the
license plate or placard needed to park in accessible parking spaces; and
WHEREAS, Salt Lake City Code Section 12.56.550 currently imposes a $150
penalty for parking in an accessible parking space contrary to the requirements of Salt
Lake City Code section 12.56.130; and
WHEREAS, Utah Code section 41-1a-414 also prohibits the unauthorized use of
accessible parking spaces and declares that the unauthorized use of such parking spaces is
a Class C misdemeanor; and
WHEREAS, the current State of Utah Uniform Fine Schedules indicates that a
fine of $340 is an appropriate penalty for an accessible parking space violation under
Utah Code 41-1a-414;
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That section 12.56.120 of the Salt Lake City Code is hereby
amended to read as follows:
12.56.120: PARKING FOR PERSONS WITH A DISABILITY; PUBLIC
PROPERTY:
A. Parking For Persons With A Disability At Meters And In Restricted Areas:
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1. A person with a disability whose motor vehicle has affixed thereto, as
provided by law, the license plate designated for a person with a disability or a
transferable motor vehicle identification windshield placard issued by the state of Utah,
shall be entitled to park without charge at any parking meter and in time limited parking
zones, notwithstanding any other state or municipal parking restriction.
2. It is unlawful for such person with a disability to park for longer than two (2)
hours at all meters and time limited zones.
B. Designated Parking For Persons With A Disability: The city transportation engineer
is hereby authorized, at his/her discretion to reserve by appropriate signing, various
public areas or property for parking for persons with a disability. It is unlawful for any
person with a disability to park longer than the time shown on the sign designating the
area as "parking for persons with a disability".
C. Restricted Areas Not Authorized For Special Parking For Persons With A Disability:
Nothing herein shall be construed to permit parking by any individual, contrary to or as
an exception to the limited purpose of the following designated areas:
1. Any area where official signs or traffic markings absolutely prohibit stopping,
standing or parking;
2. Areas reserved for emergency use. "Emergency use", as used herein, means
and shall include, but not be limited to, those areas designated by red curb marking, also
known as "red zones" designated as ambulance zones; fire hydrant zones as defined in
subsection 12.56.440A5 of this chapter, or its successor; fire lanes, as designated in title
18, chapter 18.44 of this code, or its successor, whether on public or private property; or
any other designated area of the city posted as restricted for emergency vehicles or
emergency use;
3. On a sidewalk area;
4. In front or within five feet (5') of a driveway;
5. Within ten feet (10') of a driveway, on Mondays through Saturdays (except
holidays) between seven o'clock (7:00) A.M. and six o'clock (6:00) P.M., when a mailbox
is located within five feet (5') of such driveway;
6. Within an intersection;
7. Within five feet (5') of a fire hydrant, as measured in both directions along the
street or highway curb line, from a line extending from the center of the hydrant to the
curb line at its nearest point;
8. On a crosswalk;
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9. Within twenty feet (20') of a crosswalk at an intersection;
10. Within thirty feet (30') upon the approach to any flashing beacon or traffic
control device located at the side of a roadway;
11. Between a safety zone and the adjacent curb, or within thirty feet (30') of
points on the curb immediately opposite the ends of a safety zone, unless authorized signs
or markings indicate a different length;
12. Within fifty feet (50') of the nearest rail of a railroad crossing;
13. Within twenty feet (20') of the driveway entrance to any fire station, and on
the side of a street opposite the entrance when properly signposted;
14. Alongside or opposite any street excavation or obstruction when stopping,
standing or parking would obstruct or be hazardous to traffic;
15. Upon any bridge or other elevated structure upon a street, or within a street
tunnel or underpass;
16. At any place in any public park, playground or grounds of any public
building other than on the roads or parking lots provided for public parking in accordance
with provisions of any officially installed signs;
17. On any footpath in any park or playground;
18. Within a fire lane as designated and marked in accordance with the
provisions of title 18, chapter 18.44 of this code, or its successor, whether on public or
private property;
19. On any median or island, or on any "dividing section", as defined in
section 12.44.110 of this title, or its successor;
20. Within fifteen feet (15') of the nearest rail of any light rail track or other
railroad track whether on public or private property;
21. Taxi and bus stands or stops;
22. In an area reserved for vehicles that display the appropriate residential
parking permit;
23. In an area which is reserved for vehicles with a freight permit; or
24. In an area that requires the driver to remain with the vehicle at all times.
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SECTION 2. That section 12.56.130 of the Salt Lake City Code is hereby
amended to read as follows:
12.56.130: PARKING FOR PERSONS WITH DISABILITIES:
A. A vehicle shall not park in any parking spot designated for the parking of persons
with disabilities unless the vehicle bears a license plate for persons with disabilities or a
transferable motor vehicle identification windshield placard displayed as required in
sections 41-1a-414 and 41-1a-420 of the Utah code or their successor sections. This
restriction shall apply to and be enforceable upon all property where parking is open to
the general public, whether parking is provided to the general public for free or for a fee.
B. It is unlawful for any person using a vehicle with a license plate designated for
persons with a disability, or a transferable motor vehicle identification windshield
placard, to occupy parking spaces designated for person with a disability unless the
vehicle is being used to transport a person with a disability.
C. Any law enforcement agency authorized to enforce parking laws and regulations in
Salt Lake City may appoint volunteers to act as its agents to issue parking citations for
violations of this section or any other city law or regulation which prescribes a penalty
for illegal parking at any parking spot properly designated for the exclusive use of
persons with disabilities. A parking citation issued by a volunteer properly appointed
under this section has the same force and effect as a citation issued for the same offense
by a peace officer or parking enforcement officer authorized to enforce parking laws and
regulations in Salt Lake City.
D. A volunteer appointed under this section must be at least eighteen (18) years of age.
The law enforcement agency appointing a volunteer under authority of this section may
establish any other qualification or criteria for the appointment of such volunteer.
E. A volunteer appointed under this section may not issue a parking citation until the
volunteer has received training regarding the proper issuance of parking citations from
the appointing law enforcement agency.
SECTION 3. That section 12.56.550 of the Salt Lake City Code is hereby amended to
read as follows:
12.56.550: UNAUTHORIZED USE OF STREETS, PARKING LOTS AND OTHER
AREAS; PENALTIES:
A. Violation:
1. Any person engaging in the unauthorized use of streets, parking lots or other
areas as provided under this chapter, within the City, shall be liable for a civil penalty.
Any penalty assessed in subsection B of this section may be in addition to such other
penalties as may be provided in this title.
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2. "Unauthorized use of streets" means a violation of any restriction or
prohibition contained in this chapter or its successor.
B. Civil Penalties: Civil penalties shall be imposed as follows:
Section Of This Chapter Penalty
12.56.040 $ 45.00
12.56.050 38.00
12.56.080 45.00
12.56.100 38.00
12.56.120 56.00
12.56.130 340.00
12.56.150 38.00
12.56.150D 75.00
12.56.180 38.00
12.56.190 23.00
12.56.205F 75.00
12.56.210 38.00
12.56.235 38.00
12.56.240 45.00
12.56.250 38.00
12.56.290 38.00
12.56.300 45.00
12.56.302 23.00
12.56.303 23.00
12.56.304 23.00
12.56.310 45.00
12.56.330 45.00
12.56.350 38.00
12.56.360 45.00
12.56.380 45.00
12.56.390 38.00
12.56.400 38.00
12.56.410 38.00
12.56.420 45.00
12.56.430 38.00
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12.56.440A11 56.00
12.56.440A21 56.00
12.56.440A31 56.00
12.56.440A41 56.00
12.56.440A51 56.00
12.56.440A61 56.00
12.56.440A71 56.00
12.56.440A81 56.00
12.56.440A91 56.00
12.56.440A101 56.00
12.56.440A111 56.00
12.56.440A121 56.00
12.56.440A131 56.00
12.56.440A141 56.00
12.56.440A151 56.00
12.56.440A161 56.00
12.56.440A171 56.00
12.56.440A181 56.00
12.56.440A191 225.00
12.56.450 23.00
12.56.460 45.00
12.56.465 123.00
12.56.470 45.00
12.56.480 45.00
12.56.490 45.00
12.56.500 45.00
12.56.515 38.00
12.56.520 38.00
12.56.525 38.00
Note:
1. A violation of subsection 12.56.440B of this chapter that occurs in a particular
location is subject to the same civil penalty that would be imposed for a violation of
subsection 12.56.440A of this chapter in that same location.
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C. Late Fee: A twenty five percent (25%) late fee will be added to any penalty that
remains unpaid thirty (30) days after the date of receipt of notice.
D. Receipt Of Notice: As used in this section, "receipt of notice" means either:
1. The affixing of a notice of violation to the vehicle alleged to have been employed
in such violation; or
2. By delivery of such notice of violation to the owner or driver thereof.
SECTION 4. That section 12.56.570 of the Salt Lake City Code is hereby amended to
read as follows:
12.56.570: UNAUTHORIZED USE OF STREETS; APPEAL PROCEDURES:
A. The Mayor shall appoint such Hearing Officers as he or she deems appropriate to
consider matters relating to the unauthorized use of streets.
B. Any person having received notice of such unauthorized use, or the owner of any
vehicle employed in such use, may appear before a Hearing Officer and present and
contest such alleged unauthorized use.
C. The burden to prove any defense shall be upon the person raising such defense.
D. The Hearing Officer may find that no unauthorized use occurred and dismiss the
ticket.
E. If the Hearing Officer finds that an unauthorized use occurred but one or more of the
defenses set forth in this section is applicable, the Hearing Officer may dismiss the notice
of unauthorized use and release the owner or driver from liability thereunder. Such
defenses are:
1. At the time of the receipt of the notice, possession of the subject vehicle had
been acquired in violation of the criminal laws of the State;
2. If the notice of unauthorized use alleges a violation of any ordinance
pertaining to a parking meter, such meter was mechanically malfunctioning to the extent
that its reliability is questionable;
3. Compliance with the subject ordinances would have presented an imminent
and irreparable injury to persons or property;
4. Parking notices for overtime parking at a meter or in a time restricted zone
received by a City employee or guest while on official Salt Lake City business will be
dismissed upon written request from the applicable Department Director or designee on
official letterhead or by electronic mail. The request must be made within ten (10) days of
receipt of the notice and must include a brief description of the reason for the request, and
be submitted to: Salt Lake City Corporation, Traffic Manager, 333 South 200 East, P.O.
Box 145499, Salt Lake City, UT 84114-5499. Parking violations other than overtime
parking and meter violations will not be dismissed in this manner;
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5. Unlimited time parking by employees of other governmental entities on
official business will be allowed at City meters and time restricted locations. In order to
qualify, the vehicle must display a placard or sticker issued by Salt Lake City Parking
Enforcement or the vehicle's license plate must be registered with Salt Lake City Parking
Enforcement for enrollment in any license plate recognition system used to regulate
parking enforcement. Requests for placards must include a brief description of the reason
for the request and be submitted to: Salt Lake City Parking Enforcement, P.O. Box
145552, Salt Lake City, UT 84114-5552. Requests for dismissals of other parking
violations will be considered and should be submitted to: Salt Lake City Corporation,
Traffic Manager, 333 South 200 East, P.O. Box 145499, Salt Lake City, UT 84114-5499;
6. If the Hearing Officer finds that the owner of the vehicle is deceased but was
living when the ticket was issued;
7. If the Hearing Officer finds that the vehicle was sold with the original license
plates on, and the ticket was received prior to the sale, provided the sale is reported to the
DMV and the bill of sale is provided within twenty (20) days of receipt of the parking
notice.
F. If the Hearing Officer finds that an unauthorized use occurred but one or more of the
defenses set forth in this section is applicable, the Hearing Officer may reduce the penalty
associated therewith, but in no event shall such penalty be reduced below the sum of ten
dollars ($10.00). Such defenses are:
1. At the time of receipt of the notice, possession of the subject vehicle had been
acquired by another party pursuant to a written lease agreement or similar written
agreement;
2. The subject vehicle was mechanically incapable of being moved from such
location; provided, however, such defense shall not apply to any vehicle which remains at
such location in excess of six (6) hours;
3. Any markings, signs or other indicia of parking use regulation were not
clearly visible or comprehensible;
4. At the time of the notice of violation a responsible person receiving such
notice of violation had, but failed to properly display, a special disability group license
plate or placard that was valid and relevant to the notice of violation.
5. At the time of the notice of violation a residential parking permit was valid but
not properly displayed;
6. Such other mitigating circumstances as the Hearing Officer may find, with the
written approval of the court's Traffic Manager, which must include the basis for the
decision. A report on such decisions is to be provided to the Mayor and City Council on a
quarterly basis.
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G.If the Hearing Officer finds that an unauthorized use occurred and no applicable
defense exists, the Hearing Officer may, in the interest of justice and on behalf of the
City, enter into an agreement for the timely or periodic payment of the applicable penalty.
H.If the penalty imposed pursuant to this chapter remains unsatisfied after forty (40)
days from the receipt of notice, or ten (10) days from such date as may have been agreed
to by the Hearing Officer, the City may use such lawful means as are available to collect
such penalty, including costs and attorney fees
SECTION 5. That this ordinance shall become effective immediately upon
publication.
Passed by the City Council of Salt Lake City, Utah this 13th day of June 2023.
____________________________________
CHAIRPERSON
ATTEST:
_________________________
CITY RECORDER
Transmitted to Mayor on ____________________________.
Mayor’s Action: _________ Approved. ____________ Vetoed.
_______________________________________
MAYOR
_________________________
CITY RECORDER
(SEAL)
Bill No. 35 of 2023.
Published: __________________
Katie Lewis, City Attorney
Katherine Lewis (Jun 16, 2023 17:11 MDT)
Jun 16, 2023
Jun 20, 2023
Erin Mendenhall (Jun 22, 2023 11:50 MDT)
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June 23 2023
Ordinance 35 of 2023 Accessible Parking Space
Violation
Final Audit Report 2023-06-23
Created:2023-06-16
By:Thais Stewart (thais.stewart@slcgov.com)
Status:Signed
Transaction ID:CBJCHBCAABAAdM2yP3Hf1r5LIrU0-76-pwsuc4IwEFHm
"Ordinance 35 of 2023 Accessible Parking Space Violation" Hist
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