014 of 2013 - Chapter 2.68, 2.06, 5.08, 5.42, 5.74, and others relating to nominations and declarations of candida 0 13-1
0 13-5
Ordinance No. 14 of 2013
(Conforming Changes to City Code Sections 2.68.010; 2.06.040, 5.08.095C:
5.42.040; 5.74.170A, 9.24.030: 5.61.050; and 5.74.140)
An ordinance amending Salt Lake City Code Section 2.68.010, relating to nominations
and declarations of candidacy to conform to state law changes; Salt Lake City Code Section
2.06.040, relating to City Council meeting notice requirements; and Salt Lake City Code
Sections 5.08.095C, relating to false alarms; 5.42.040, relating to marriage services and dating
services; 5.74.170A, relating to theaters and concerts; 9.24.030, relating to air pollution control;
5.61.050, relating to sexually oriented businesses; and 5.74.140, relating to obscene films, to
refer to applicable state law.
WHEREAS, State law changes relating to the timing of declarations of candidacy require
conforming changes to be made in the City Code;
WHEREAS, State law changes relating to City Council meeting notice requirements
require conforming changes to be made in the City Code; and
WHEREAS, the adoption of Ordinance No. 77 of 2012, which repealed certain criminal
lave Sections of the City Code and amended other Sections requires amendment of cross
references and/or the addition of references to State law in other Sections of the City Code;
NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City, Utah:
Section 1. That Section 2.68.010B, Salt Lake City Code, relating to declarations of
candidacy, is amended to read as follows:
B. Each person seeking to become a candidate for mayor shall file a declaration of
candidacy with the City recorder during office hours and not later than five o'clock
(5:00) P.M. between June 1 and June 7 of any odd numbered year and pay the fee
shown on the Salt Lake City consolidated fee schedule at the time of filing the
declaration. When June 7 is a Saturday, Sunday, or holiday, the filing time shall be
extended until five o'clock (5:00) P.M. on the following regular business day. In lieu
of the fee, the person may submit to the city recorder, in addition to the declaration of
candidacy,a nominating petition signed by forty five(45)residents of each council
district,for a total of three hundred fifteen(315)residents,who are at least eighteen
(18)years old. Said nominating petition shall be construed as constituting an
alternative to payment of the required fee for persons for whom such fee would create
a financial hardship.
Section 2. That Section 2.68.010E,Salt Lake City Code,relating to declarations of
candidacy,is amended to read as follows:
E. Each person seeking to become a candidate for council member shall file a
declaration of candidacy with the city recorder during office hours and not later than
five o'clock(5:00)P.M.between June 1 and June 7 of any odd numbered year
together with the fee shown on the Salt Lake City consolidated fee schedule. When
June 7 is a Saturday,Sunday,or holiday,the filing time shall be extended until five
o'clock(5:00)P.M.on the following regular business day. In lieu of the fee,the
person may submit to the city recorder,in addition to the declaration of candidacy,a
nominating petition signed by seventy five(75)residents of the council district such
person seeks to represent who are at least eighteen(18)years old. Said nominating
petition shall be construed as constituting an alternative to payment of the required
fee for persons for whom such fee would create a financial hardship.
Section 3. That Section 2.68.O1 OG,Salt Lake City Code,relating to nominations for
mayor,is amended to read as follows:
2
G. 1. Any resident of Salt Lake City may nominate a candidate for mayor by filing a
nomination petition with the city recorder during office hours but not later than five
o'clock (5:00) P.M. between June 1 and June 7 of any odd numbered year signed by:
a. Twenty five (25) residents of Salt Lake City who are at least eighteen (18)
years old; or
b. Twenty percent (20%) of the residents of Salt Lake City who are at least
eighteen (18) years old; and
c. Paying the fee shown on the Salt Lake City consolidated fee schedule.
When June 7 is a Saturday, Sunday, or holiday, the filing time shall be
extended until five o'clock (5:00) P.M. on the following regular business day.
In lieu of the fee, the nominating petition may be signed by an additional forty
five (45) residents of each council district, for a total of three hundred fifteen
(315) additional residents, who are at least eighteen (18) years old. Said
additional signatures on the nominating petition shall be construed as
constituting an alternative to payment of the required fee for persons when
such fee would create a financial hardship.
2. a. The petition for mayor shall substantially conform to the following form:
NOMINATION PETITION
The undersigned residents of Salt Lake City being 18 years old or older
nominate (name of nominee) to the office of mayor.
b. The remainder of the petition shall contain lines and columns for the signatures
of persons signing the petition and their addresses and telephone numbers.
3
Section 4. That Section 2.68.010II,Salt Lake City Code,relating to nominations for
council member,is amended to read as follows:
II. 1.Any resident of Salt Lake City may nominate a candidate for council member by
filing a nomination petition with the city recorder during office hours but not later
than five o'clock(5:00)P.M.between June 1 and June 7 of any odd numbered year
signed by:
a.Twenty five(25)residents of the council district which the candidate seeks to
represent who are at least eighteen(18)years old:or
b.Twenty percent(20%)of the residents of the council district which the
candidate seeks to represent who are at least eighteen(18)years old;and
c.Paying the fee shown on the Salt Lake City consolidated fee schedule.
When June 7 is a Saturday,Sunday,or holiday,the filing time shall be
extended until five o'clock(5:00)P.M.on the following regular business day.
In lieu of the fee,the nominating petition may be signed by an additional
seventy five(75)residents of the said council district who are at least eighteen
(18)years old.Said additional signatures on the nominating petition shall be
construed as constituting an alternative to payment of the required fee when
such fee would create a financial hardship.
2. a.The petition shall substantially conform to the following form:
NOMINATION PETITION
The undersigned residents of Salt Lake City being 18 years old or older
nominate(name of.nominee)to the office ofcouncilmember.
4
b. The remainder of the petition shall contain lines and columns for the
signatures of persons signing the petition and their addresses and telephone
numbers.
Section 5. That Section 2.06.040, Salt Lake City Code, relating to schedules for City
Council meetings, is amended to read as follows:
2.06.040: MEETING SCIIEDULES, AGENDAS AND MINUTES:
A. Not less than 24 hours notice shall be given of each council meeting as required by
the Utah Open and Public Meetings Act or its successor. The notice shall include the
agenda, date, time, and place of the meeting. A copy of each meeting agenda shall
be:
1. posted in the office of the city recorder and on the Utah Public Notice website;
and
2. given to a local media correspondent.
B. The notice requirements in Subsection A do not apply to an emergency meeting held
as provided by the Act.
C. At least once each calendar year before May 15, the city recorder shall publish, in a
newspaper of general circulation in the city, the annual meeting schedule of the city
council. The notice shall include the date, time. and place of such meetings.
D. Minutes and a recording shall be kept of all open meetings as required by the Act or
its successor. Open meeting minutes and recordings shall be public records, filed with
the city recorder, and shall be available for public inspection as required by the Act or
5
its successor. A recording of a closed meeting shall be made as required by the Act or
its successor.
Section 6. That Section 5.08.095C, Salt Lake City Code, relating to false alarms, is
amended to read as follows:
5.08.095: FALSE ALARMS:
C. Any false information provided to the alarm administrator or to police dispatch by
any alarm user, central station, alarm company, or private guard responder may be a
crime under Section 11.04.100 of this code or state law and shall be dealt with
accordingly.
Section 7. That Section 5.42.040, Salt Lake City Code, relating to license revocation for
marriage services and dating services, is amended to read as follows:
5.42.040: LICENSE; REVOCATION CONDITIONS:
Marriage services and dating services shall be held strictly liable for the conduct of their
officers, agents, employees and the license of any marriage service or dating service shall be
revoked upon any conviction of its officers, agents or employees for a violation of Section
11.16.100 of this code, as amended, or its successor or for a violation of Utah Code §§ 76-10-
1302, 1304, or 1305.
Section 8. That Section 5.74.170A, Salt Lake City Code, relating to licensing and
revocation for theaters and concerts, is amended to read as follows:
6
5.74.170: LICENSE; REVOCATION OR SUSPENSION; CONDITIONS:
A. The licensee shall be responsible for the operation of the licensed premises in
conformance with this code. Upon a finding by the mayor of a violation, after hearing
before the mayor, or his or her 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
ownership thereof, for a period of time up to and including one year:
1. A violation or conviction of Utah Code §§ 76-9-301.8, 76-9-702, or 76-10-1206;
2. A violation of any provision set forth in this chapter;
3. A violation or conviction of any ordinance referred to in Section 5.74.040 or
5.74.070 of this chapter; or a violation or conviction of Section 5.28.060 of this
title or Section 11.16.100 of this code, or their successors;
4. Violations or convictions of any material misrepresentation, or for any fraud
perpetrated on the licensing authority through application or operation of such
business;
5. A violation of any law of the state, or ordinance of the city which affects the
health, welfare and safety of its residents, and which violation occurred as a part
of the main business activity licensed-under this chapter and not incidental
thereto;
6. A violation or conviction of showing motion pictures for which the establishment
is not properly licensed as required by this chapter.
7
Section 9. That the definition of Public Nuisance in Section 9.24.030, Salt Lake City
Code, relating to air pollution control. is amended to read as follows:
9.24.030: DEFINITIONS:
PUBLIC NUISANCE: As defined by Utah Code §§ 76-10-801, 76-10-803, and 78B-6-1107.
Section 10. That Section 5.61.050, Salt Lake City Code, relating to sexually oriented
businesses, is amended to read as follows:
5.61.050: OBSCENITY; STATUTORY PROVISIONS:
Notwithstanding anything contained in this chapter, nothing in this chapter shall be
deemed to permit or allow the showing or display of any matter which is contrary to the
provisions of Utah Code §§ 76-9-301.8, 76-9-702, or 76-10-1206 or other applicable federal or
state statutes prohibiting obscenity.
Section 11. That Section 5.74.140, Salt Lake City Code, relating to obscene films, is
amended to read as follows:
5.74.140: OBSCENE FILMS PROHIBITED:
It is unlawful for any person to hold, conduct or carry on or permit to be held, conducted
or carried on, any motion picture exhibition or entertainment of any sort which violates Utah
Code §§ 76-9-301.8, 76-9-702, or 76-10-1206.
Section 12. Effective Date. This ordinance shall be effective on the date of its first
publication.
8
Passed by the City Council of Salt Lake City,Utah this 26th day of
March ,2013.
C LIRP
ATTEST:
( 6(;": /f41(/;
CIT CORDER
Transmitted to Mayor on April 2, 2013
Mayor's Action: Y Approved. Vetoed.
MA OR
ATTES --1 rF CITy����A�,I�
T
"3 S
CI RECORD R e*; Swf
(SEAL)
Bill No. 14 of 2013.
Published: April 11, 2013.
APPROVED AS TO FORM:
/EDWIN P.RUTAN,II
City Attorney
HB_ATTY-#277 I 0-v2-Ordinance_re Conforming_Changes_to City_Code_Sections
9