027 of 2001 - amending chapter 11.14 relating to parties gatherings or events 0 01-1
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SALT LAKE CITY ORDINANCE
No. 27 of 2001
(Parties, Gatherings or Events)
AN ORDINANCE AMENDING CHAPTER 11.14, SALT LAKE CITY CODE,
RELATING TO PARTIES, GATHERINGS, OR EVENTS.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 11.14, Salt Lake City Code, be, and the same hereby
is, amended to read as follows:
11.14.010 Definitions.
The following words, phrases and terms as used in this chapter shall have the
meaning for this chapter as indicated below:
A. "Party, gathering or event" means three or more people who have
assembled or are assembling for a social activity where alcoholic beverages have been or
are being consumed contrary to law, or substances regulated by the Utah Controlled
Substances Act are used by any person at the party, or where the noise from the party
makes a noise disturbance prohibited by Section 9.28.040, Salt Lake City Code.
B. "Host" means:
1. The person having an ownership or leasehold interest in the
premises where the party, gathering or event is located; and/or
2. A person who resides at the location or occupies in any capacity
whether for personal or business purposes, the property where the party, gathering
or event takes place; and/or
3. The person in charge of the premises; and/or
4. The person who organized the event; and/or
5. The person who gave permission to hold the party on the premises;
6. If the party is hosted by an organization, either incorporated or
unincorporated, the term "host" includes the officers of the organization.
7. In the event the host is a minor under eighteen years of age, the
term "host" includes the parent or parents of legal guardian of the minor, whether
or not they are present at the site.
C. "Services Fee" means costs incurred by the City which include, but are not
limited to, salaries of police officers while responding to or remaining at the party,
gathering or event; the pro rata cost of equipment; the cost of repairing city equipment
and property damaged while responding to the gathering; the cost of any medical
treatment or disability, sick leave or other related costs of police officers injured while
responding to the party or gathering, regardless of fault; costs of collection and the cost of
reasonable attorney's fees.
D. "Special security assignment" means the assignment of police officers,
services and equipment during a second or subsequent response to the party, gathering or
event after the distribution of a written notice to the host or person(s)who are identified
as being in charge of the party in absence of the host, that a fee may be imposed for costs
incurred by the city for any subsequent police response.
11.14.015 Service fees-Special security assignment.
A. Any person hosting a party, gathering or event as provided under this
chapter, within the city, shall be liable for service fees. Any service fee herein may be in
addition to such other costs and penalties as may be provided in the Salt Lake City Code.
B. Service fees shall be imposed as follows:
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$300.00 plus $60.00 per officer per hour; $75.00 per sergeant per hour and
$100.00 per lieutenant per hour.
11.14.020 Initial police responses to parties, gatherings or events.
When any police officer responds to any party, gathering or event in response to
allegations that activities or noise may be in violation of the law, and if there is probable
cause to believe the party, gathering or event are in violation of the law, the police
officer, in addition to any other action the situation requires, shall issue a written notice to
the host. The notice shall inform the host(s) that a subsequent response to that same
location or address, within ten days, shall be deemed a special security assignment and
that the host(s) may be liable for the services fee as defined in this chapter.
11.14.030 Subsequent police responses to parties, gatherings or events-liability.
If, after a written notice is issued pursuant to Section 11.14.020, there is a subsequent
police response to the same location or address within ten days, such response shall be
deemed a special security assignment. The host(s), as defined in this chapter, shall be
jointly and severally liable for the services fee, as defined in this chapter. The officer
shall issue a second notice by giving it to the host(s) or by leaving it in a conspicuous
place on the premises where the party is being held if the host(s) is/are not available.
11.14.040 Recovery of actual costs.
In addition to the service fees contained in 11.1.4.015 Salt Lake City Code, the city
reserves the right to seek reimbursement for actual costs that exceed the stated service
fee, through other legal theories, remedies or procedures.
11.14.050 Cost-Collection.
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The chief of police shall notify the city treasurer in writing of the performance of a
special security assignment, of the name and address of the responsible person(s), the
date and time of the incident, services performed, costs thereof and such other
information as may be required. The city treasurer shall thereafter take action to collect
the amount due.
11.14.060 This chapter not to preclude other appropriate action.
Nothing in this chapter shall be construed to prevent the arrest and/or citation of violators
of the state penal code or other regulations, ordinances or laws, either in the first visit or
subsequent visits.
11.14.070 Administrative Appeals
A. The Administrative Law Judge shall consider matters relating to the
"Special security assignments."
B. Any person having received notice of a"Special security assignment" may
appear before an Administrative Law Judge and present and contest such alleged
violation. The Administrative Law Judge's decision shall be final.
C. The burden to prove any defense to reimburse the City for the service shall
be upon the person raising such defense.
D. If the Administrative Law Judge finds that no special security assignment
occurred or a special security assignment occurred, but one or more of the defenses set
forth in this section is applicable, the Administrative Law Judge may dismiss the notice
of"Special security assignment" ,release the defendant from liability thereunder or
modify the assessment as justice and equity may require. Such defenses are:
1. Wrong name and address on the special security assignment notice,
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2. Compliance with the subject ordinances would have presented an
imminent and irreparable injury to persons or property.
3. The "Special security assignment" notice was not properly
completed by the officer in a material and substantial way that caused prejudice to
appellant.
4. The "Special security assignment" notice was not hand delivered
or posted in a conspicuous place, which caused material prejudice to the
appellant; or
5. Such other mitigation circumstances, as may be shown by
appellant.
F. If the Administrative Law Judge finds that a special security assignment
occurred and no applicable defense exists, the Administrative Law Judge 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 costs.
G. If the costs imposed is pursuant to this chapter remains unsatisfied after 30
days from the receipt of the notice, or ten 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 sum, including costs, pre judgment interest and attorneys fees.
SECTION 2. This ordinance shall take effect immediately upon the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah this 5th day of
June , 2001.
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CHAIRPERSON tf
A ST:
CHIEF DEPUTY CITY ECORDER
Transmitted to Mayor on 6-5-01
Mayor's Action: (K. Approved. Vetoed.
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CHIEF DEPUTY CITY ECORDER Salt Lake ..`ily °'.i[;,'n;y's Office
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