HomeMy WebLinkAboutLegislative Version Ordinance - 1/17/2025 LEGISLATIVE DRAFT
SALT LAKE CITY ORDINANCE 1
No. _____ of 202__ 2
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(Amending Chapter 11.14 related to administrative citations for unruly parties, gatherings or 4
events on private property) 5
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An ordinance amending Chapter 11.14 of the Salt Lake City Code to establish an 7
administrative fine for unruly parties, gatherings or events on private property after notice to the 8
property owner. 9
WHEREAS, unruly parties, gatherings and events on private property disturb the public 10
peace, safety and welfare of the community; and 11
WHEREAS, such unruly parties, gatherings and events require undue law enforcement 12
response in order to restore the public peace and safety; and 13
WHEREAS, the city has a significant interest in avoiding the unnecessary use of law 14
enforcement resources on unruly parties, events, and gatherings at the expense of more critical 15
public safety needs; and 16
WHEREAS, private property owners should bear primary responsibility for ensuring that 17
their property is not used for unruly parties, gatherings, or events; and 18
WHEREAS, after a public hearing on this matter the Salt Lake City Council has 19
determined that adopting this ordinance is in the city’s best interests. 20
NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City, Utah, 21
as follows: 22
SECTION 1. Amending the text of Salt Lake City Code Chapter 11.14. That Chapter 23
11.14 of the Salt Lake City Code shall be, and hereby is, amended to read as follows: 24
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CHAPTER 11.14 25
UNRULY PARTIES, GATHERINGS OR EVENTS 26
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11.14.010: PURPOSE AND INTENT 28
The City Council finds that unruly parties, gatherings, and events on private property within the 29
City disturb the public peace, safety, and welfare of the community and impose an unreasonable 30
burden on law enforcement resources. It is in the best interest of the City that property owners, 31
upon notice from the City, cause their properties to no longer be used for unruly parties, 32
gatherings, and events. The provisions of this Section shall not be interpreted to substantially 33
burden a person’s exercise of religion or speech, unless it is to serve a compelling governmental 34
interest and the least restrictive means of furthering that compelling governmental interest is 35
employed. 36
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11.14.0210: DEFINITIONS: 38
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The following words, phrases and terms as used in this chapter shall have the meanings for this 40
chapter as indicated below: 41
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HOST: A. The person having an ownership or leasehold interest in the premises; or 43
B. A person who resides at or occupies the premises in any capacity, other than as a 44
mere guest at the party, gathering or event; or 45
C. The person in charge of the premises; or 46
D. The person who organized the party, gathering or event; or 47
E. The person who gave permission to hold the party, gathering or event on the 48
premises; 49
F. If the party is hosted by an organization, either incorporated or unincorporated, the 50
term "host" includes the officers of the organization; 51
G. If the host is a minor under eighteen (18) years of age, the term "host" includes the 52
parent or parents or legal guardians of the minor, whether or not they are present at the premises. 53
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NOISE DISTURBANCE: As defined in section 9.28.020 of this code. 55
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PARTY, GATHERING, OR EVENT: Three (3) or more people assembled for a social activity 57
where: a) alcoholic beverages have been or are being consumed contrary to law, b) substances 58
regulated by the Utah controlled substances act are used by any person, or c) the noise from the 59
party, gathering, or event makes a noise disturbance. 60
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PREMISES: The property at which an unruly party, gathering, or event occurs. 62
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SERVICES FEE: The fee imposed by this chapter, calculated to cover, without limitation, 64
related police department costs and reasonable attorney fees. 65
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UNRULY PARTY, GATHERING, OR EVENT: Three (3) or more people assembled on or 67
within 600 feet of any residential property where a member of the Police Department observes a) 68
one or more violations of law; b) the party, gathering, or event disturbing the public peace, 69
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health, safety or welfare of the surrounding community due to the magnitude of the crowd, noise, 70
illegal activity, fighting, littering, public urination or defecation or other disturbance; or c) the 71
party, gathering or event causing the obstruction of public ways by crowds or vehicles. 72
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11.14.020: SERVICES FEES: 74
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A. Any person hosting a party, gathering, or event within the city may be liable for 76
services fees. Any services fee may be in addition to such other costs and penalties as may be 77
provided in this code. 78
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B. A services fee is owed for each time a police officer responds to a call or otherwise 80
arrives at a premises to deal with a party, gathering, or event. The amount of the fees and the 81
persons owing the fees are as follows: 82
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1. For nonrental property, the owner of the premises shall owe the fee shown on the 84
Salt Lake City consolidated fee schedule for each visit of one or more police officers; 85
2. For rental property, the renters shall owe the fee shown on the Salt Lake City 86
consolidated fee schedule for each visit of one or more police officers; in addition, the owner of 87
the premises shall owe the fee shown on the Salt Lake City consolidated fee schedule for the 88
third visit and the fee shown on the Salt Lake City consolidated fee schedule for any additional 89
visits of one or more police officers during any three hundred sixty five (365) day period. 90
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C. All services fees assessed under this chapter shall be due and payable within three 92
(3) business days after the date a written notice of the services fee is sent to the person against 93
whom the services fee is assessed. Any services fee paid within thirty (30) days after the due date 94
shall be reduced by fifty dollars ($50.00). Any services fee paid more than thirty (30) days but 95
less than sixty (60) days after the due date shall be reduced by twenty five dollars ($25.00). Any 96
services fee paid more than sixty (60) days after the due date shall not be reduced. If any services 97
fee is not paid within ninety (90) days after the due date, the city may use such lawful means as 98
are available to collect such services fee. If the city files an action in court to recover such 99
services fee, the city shall be entitled to recovery of its court costs, prejudgment interest, and 100
attorney fees in addition to the services fee due and owing. 101
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11.14.030: RECOVERY OF ACTUAL COSTSCITATION AFTER NOTICE: 103
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In addition to the services fees described in section 11.14.020 of this chapter, the city reserves 105
the right to seek reimbursement for actual costs that exceed the stated services fee, through other 106
legal theories, remedies, or procedures. 107
A. Every private property owner shall have a duty to properly manage their property 108
to prevent the occurrence of an unruly party, gathering, or event. 109
B. It is a violation of this Chapter for there to be an unruly party, gathering, or event 110
at any private property in the City. Civil penalties for violations of this Chapter shall be imposed 111
against the owner of record of the premises in accordance with the procedures set forth in 112
Subsections C, D and E. This section creates no criminal penalty. 113
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C. If a member of the Police Department determines that an unruly party, gathering, 114
or event has occurred, a written warning notice shall be mailed to the property owner of record of 115
the premises. The notice shall identify the date, time and nature of the unruly party, gathering, or 116
event and shall notify the owner of record that if the Police Department responds to any 117
additional unruly party, gathering, or event at the premises within 365 days of the date of the 118
unruly party, gathering, or event that triggered the notice, an administrative citation shall be 119
issued. The notice shall direct the property owner to take steps to ensure that the premises are not 120
used for unruly parties, gatherings, or events. 121
D. When the Police Department responds to an unruly party, gathering, or event at 122
the same premises within 365 days of the date of any previous unruly party, gathering, or event 123
for which a warning notice under Subsection C was issued the property owner shall be issued an 124
administrative citation and a civil fine in the amount of $1000. However, such citation shall not 125
be issued until 14 days after mailing of the warning notice pursuant to Subsection C. Any 126
administrative citation issued under this Section shall serve to restart the 365 day period during 127
which future administrative citations may be issued without the obligation to mail a further 128
warning notice. 129
E. Any warning notice or administrative citation issued pursuant to this Section shall 130
be mailed to the last known address appearing in the records of the Salt Lake County Recorder. 131
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11.14.040: THIS CHAPTER DOES NOT TO PRECLUDE OTHER APPROPRIATE 133
ACTION: 134
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Nothing in this chapter shall be construed to prevent the arrest or citation of individual violators 136
of any other criminal or civil the state penal code or other regulations, ordinances, or laws. 137
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11.14.050: ADMINISTRATIVE APPEALS: 139
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A. A Salt Lake City justice court shall consider matters relating to services fees. 141
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B. Any person having received notice of the assessment of a services fee may appear 143
before the Salt Lake City justice court and present and contest the alleged violation upon which 144
the services fee was based. 145
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C. If the Salt Lake City justice court finds that no violation occurred and one or more of 147
the defenses set forth in this section is applicable, the justice court may dismiss the services fee 148
notice, release the defendant from liability for the services fee, or modify the services fee as 149
justice and equity may require. Such defenses are: 150
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1. Wrong name and address on the services fee notice; 152
2. Compliance with the subject ordinances would have presented an imminent and 153
irreparable injury to persons or property; 154
3. Such other mitigating circumstances as may be shown by the appellant. 155
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D. If the Salt Lake City justice court finds that a services fee was properly imposed and 157
no applicable defense exists, the justice court may, in the interest of justice and on behalf of the 158
city, enter into an agreement for the timely or periodic payment of the services fee. 159
Any person issued an administrative citation pursuant to this Chapter shall be entitled to appeal 160
the same in accordance with Chapter 2.75 161
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SECTION 2. Amending the Salt Lake City Consolidated Fee Schedule. That the Salt 163
Lake City Consolidated Fee Schedule shall be, and hereby is, amended in pertinent part as set 164
forth in the attached Exhibit “A.” 165
SECTION 3. Effective Date. That this ordinance shall become effective on the date of 166
publication. 167
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Passed by the City Council of Salt Lake City, Utah, this _______ day of 170
________________, 202___. 171
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______________________________ 173
CHAIRPERSON 174
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ATTEST: 176
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______________________________ 179
CITY RECORDER 180
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APPROVED AS TO FORM: 182
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________________________ 184
Senior City Attorney 185
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Transmitted to the Mayor on __________________________. 187
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Mayor’s Action: _____Approved. _____Vetoed. 189
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______________________________ 192
MAYOR 193
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ATTEST: 198
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____________________________ 201
CITY RECORDER 202
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APPROVED AS TO FORM 204
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(SEAL) 207
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Bill No. _______ of 202___. 209
Published: ____________________. 210
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Ordinance Amending Chapter 11.14 Unruly Parties_v1 212
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EXHIBIT “A” 214