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029 of 2002 - enacting Chapter 2.84 relating to establishing a Salt Lake City Justice Court; amending Chapter 2.75 0 02-1 0 02-28 SALT LAKE CITY ORDINANCE No. 29 of 2002 (Establishing a Justice Court) AN ORDINANCE ENACTING CHAPTER 2.84, SALT LAKE CITY CODE, RELATING TO ESTABLISHING A SALT LAKE CITY JUSTICE COURT; AMENDING CHAPTER 2.75, RELATING TO ENFORCEMENT OF CIVIL VIOLATIONS; AMENDING SECTION 1.12.050 RELATING TO VIOLATION-PENALTY; REPEALING SECTION 2.59.035 RELATING TO ADMINISTRATIVE LAW JUDGE SUBPOENAS; AMENDING SECTION 2.59.040 RELATING TO ISSUANCE OF SUBPOENAS; AMENDING SECTION 5.71.090 RELATING TO ENFORCEMENT PROCEDURES— CIVIL NOTICE OF GROUND TRANSPORTATION VIOLATION; AMENDING SECTION 5.71.100 RELATING TO EXPEDITED APPEAL OF EXCLUSION; AMENDING SECTION 8.04.390 RELATING TO ANIMALS RUNNING AT LARGE; AMENDING SECTION 8.04.400 RELATING TO DOGS ON CHAINS IN UNENCLOSED PREMISES; AMENDING SECTION 8.04.520 RELATING TO NOTICE OF VIOLATIONS; AMENDING SECTION 11.14.070 RELATING TO ADMINISTRATIVE APPEALS; AMENDING SECTION 12.12.010 RELATING TO OBEDIENCE TO TRAFFIC (VA 'r % )fit CODE REQUIRED; AMEN-DING-SECTION 12.12.015 RELATING TO CIVIL TRAFFIC VIOLATIONS; AMENDING SECTION 12.16.060 RELATING TO COLLISION WITH UNATTENDED PROPERTY; AMENDING SECTION 12.24.016 RELATING TO VEHICLE OWNER DRIVING WITHOUT INSURANCE; AMENDING SECTION 12.24.018 RELATING TO DRIVING WITHOUT INSURANCE; AND AMENDING SECTION 14.20.110 RELATING TO FAILURE TO REMOVE SNOW AND ICE—CIVIL PENALTIES. WHEREAS, Section 78-5-101.5, Utah Code Annotated, 1953, as amended("UCA") provides that municipalities in which 501 or more citations or cases are filed per month may elect to create a Class I municipal justice court upon: (1) filing a written declaration with the Judicial Council on or before July 1 at least two years prior to the effective date of the election; (2) demonstrating compliance with operating standards as established by statute and the Judicial Council; and (3) the Judicial Council having certified the creation of the court pursuant to UCA Section 78-5-139; and WHEREAS, the Salt Lake City Council did, on June 29, 2000, by Resolution No. 40, formally declare its intention and election to create and operate a Class I municipal justice court in accordance with UCA Section 78-5-101.5 and with the Justice Court Standards for Certification of New Courts—2000 adopted by the Judicial Council pursuant to statute; and WHEREAS, the Judicial Council did, on September 12, 2000, certify to Salt Lake City Corporation the creation of the court pursuant to UCA Section 78-5-139; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF SALT LAKE CITY, UTAH: SECTION 1. That Chapter 2.84,Salt Lake City Code, pertaining to the establishment of a Salt Lake City Justice Court be, and the same hereby is, enacted to read as follows: Chapter 2.84 JUSTICE COURT 2 2.84.010 Establishment of Justice Court: There is hereby created within the Salt Lake City government a Class I municipal court, which shall be known as the "Justice Court of Salt Lake City." 2.84.020 Establishment of Judgeships: There is hereby created within the justice court up to five offices of full-time and up to three offices of part-time municipal justice court judges of said justice court. 2.84.030 Appointment and Term of Office: A judge of the justice court shall be appointed by the mayor and shall be confirmed by the city council in accordance with UCA Section 78-5-134, or its successor. The term of office of a judge of the justice court shall be four years, as provided by UCA 78-5-132, or its successor. 2.84.040 Qualifications for Office: A judge of the justice court shall, in addition to meeting all the qualifications as set forth in UCA Section 78-5-137 or its successor, be a member in good standing of the Utah State Bar Association at the time of appointment and at all times while serving in said office. 2.84.050 Compensation: The compensation of a judge of the justice court shall be in accordance with the compensation plan of the city,but a judge shall not receive a salary greater than 85% of the salary of a district court judge, or such other percentage or limitation as prescribed by UCA Section 78- 5-128 or its successor. In addition to the foregoing limitations of this section, a part-time judge shall serve no more than 80 hours per month and shall be compensated on an hourly rate basis pro rated from an annualized salary established in the compensation plan of the city. 3 • 2.84.060 Jurisdiction and Authority: The justice court shall have jurisdiction over all matters as provided by law and state statute, including, but not limited to,jurisdiction and authority provided under UCA Sections 78- 5-104, 78-5-105, and 78-5-106, or their successors. In accordance with said jurisdiction, the justice court may hear civil violations of Salt Lake City ordinances, including, but not limited to, those civil violations which have been designated as civil penalty matters, having been converted by the City from criminal violations, unless city ordinances provide for a different procedure for handling such violations. Civil penalty matters shall be managed in accordance with simplified rules of procedure and evidence applicable to small claims courts. 2.84.070 Default Civil Penalty Schedule A. The justice court may establish a default civil penalty schedule, similar in format to the Uniform Misdemeanor Fine/Bail Schedule adopted by the Judicial Council, except that the fees set forth in the City's default civil penalty schedule may be higher or lower than those set forth in the uniform bail schedule. The justice court default civil penalty schedule shall apply only in those instances in which the defendant is not required to appear in court and the defendant's voluntary forfeiture of the penalty fee disposes of the case. The fees set forth in the default civil penalty schedule shall include all penalties, surcharges and assessments provided by law. However, the foregoing authorization does not prohibit the court from, in its discretion, imposing no fine or a fine in any amount up to and including the maximum fine for the offense. B. The cumulative total of all civil penalties, surcharges and assessments for each citation shall not exceed the total sum prescribed for Class B misdemeanors as set forth in Utah Code Annotated Sections 76-3-301 and 76-3-303, as amended, or their successors. 4 2.75.100 Surcharges: With regard to traffic violations under Title 12 of this Code, other than parking violations, the justice court shall assess all fees and surcharges required to be assessed by state statute. SECTION 2. That Chapter 2.75, Salt Lake City Code,pertaining to the Administrative Traffic Enforcement Program be, and the same hereby is, amended to read as follows: Chapter 2.75 ENFORCEMENT OF CIVIL VIOLATIONS 2.75.010 Definitions: Whenever the following teiius are used in this Chapter, they shall have the meanings set forth herein: A. "Civil citation," also known as a"Notice of Violation"or"Civil Notice,"means a notice that a civil violation of this Code has occurred, issued by an officer or other person authorized to issue such notice consistent with UCA Section 77-7-18 or other applicable laws or state statutes or their successors B. "Civil violation" means a noncriminal violation of traffic laws or such other ordinances as are designated in city ordinances as civil violations. . C. "Assessments"means and includes,but is not limited to late charges, administrative fees, attorney fees, court costs, and traffic school fees. D. "Civil penalty" means the fine, forfeitures, assessments or combination thereof imposed by the Salt Lake City justice court. 5 F. "Hearing officer" means an individual designated as a hearing officer, violation coordinator, or such other person who has authority to make decisions regarding civil citations that have been issued by an enforcement officer,before the matter is referred to a justice court judge. 2.75.020 Hearing Officer: A. Duties: Consistent with the policies and procedures promulgated by the justice court, the hearing officer may adjust and set, as authorized, sums due as 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 Utah Code Annotated section 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 justice court to carry out the purposes of this Chapter in accordance with justice and equity. Accountability: The hearing officer shall serve as staff for the justice court but shall be supervised as an employee, under the direction of the City Director of Management Services or his/her designee. 41. Exceptions: Regardless of provisions in this Section to the contrary, violations of the following City Code sections shall require a mandatory appearance before a judge of the justice court for disposition, and shall not be disposed of by a hearing officer: 1. Section 12.36.040. 2. Section 12.48.070. 6 3. Section 12.48.080. 4. Section 12.48.100. 2.75.030 Civil Violations: A. When an enforcement officer determines that a civil violation of this Code has occurred, the officer shall issue a civil citation, the matter shall be handled by the justice court, and the penalty for such civil violation shall be as provided in Section 1.12.050, or its successor. B. Unless a mandatory appearance before the justice court is required by subsection �l >c'(, .t nib) 0 F of this-Section-, or its successor, any person having received a civil citation shall, within twenty (20) days, either pay the civil penalty as contained in the default penalty schedule or file a written request for a hearing before the justice court. C. Unless a mandatory appearance before the justice court is required by subsection F-of this-Section, or its successor, any person receiving a civil citation who requests a hearing shall discuss the matter with a hearing officer for informal resolution prior to the hearing before the justice court. D. If the matter is resolved by the hearing officer, the hearing request shall be dismissed. E. If the civil penalties payable to the City remain unsatisfied and no written request for a hearing has been filed after twenty(20) days from the issuance of the civil citation, the City may use such lawful means as are available to collect such penalties, including late charges, administrative and court costs and attorney fees. Any additional penalties are stayed upon filing the request for hearing, until judgment is rendered in the matter. SECTION 3. That Section 1.12.050, Salt Lake City Code, pertaining to violations and penalties be, and the same hereby is, amended to read as follows: 1.12.050 Violation-Penalty. Any person convicted of violating any provision of the City ordinances codified , shall be guilty of a Class B misdemeanor, unless otherwise specified in such ordinance or interpreted by the court as a Class C misdemeanor infraction, or civil violation, and such violations shall be punished as follows: A. In the case of a Class B misdemeanor,by a fine in any sum not exceeding one thousand dollars or by imprisonment for a term not longer than six months, or by both such fine and imprisonment; B. In the case of a Class C misdemeanor, by a fine in any sum not exceeding seven hundred fifty dollars or by imprisonment for a term not longer than ninety days, or by both such fine and imprisonment; C. In the case of an infraction,by a fine in any sum not exceeding five hundred dollars; D. In the case of a civil penalty violation, by a total assessment not in excess of one thousand dollars; E. The sentence to pay a fine or civil penalty, when imposed upon a corporation, association or partnership, for a Class B misdemeanor or civil penalty violation, shall be in any sum not exceeding five thousand dollars; 8 F. The sentence to pay a fine, when imposed upon a corporation, association or partnership, for a Class C misdemeanor or infraction, shall be in any sum not exceeding one thousand dollars; G. A prosecution of a corporation, association or partnership, as an entity, shall not preclude prosecutions of individuals responsible for the actions of such entities and shall not preclude a separate fine or imprisonment or both, or civil penalty, for those individuals, as well as a separate fine, or civil penalty, for the business entity. H. The foregoing penalties for criminal violations shall be in addition to any surcharges imposed by state law. SECTION 4. That Section 2.59.035, Salt Lake City Code,pertaining to administrative law judge subpoenas be, and the same hereby is, repealed: SECTION 5. That Section 2.59.040, Salt Lake City Code, pertaining to issuance of summons be, and the same 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 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. 9 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 or the executive branch. 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. D. Nothing in this section shall limit the City's authority to issue subpoenas in criminal matters as provided by law. SECTION 6. That Section 5.71.090, Salt Lake City Code,pertaining to appeal procedures regarding civil notices of ground transportation violations be, and the same hereby is, amended to read as follows: 5.71.090 Enforcement Procedures-Civil Notice Of Ground Transportation Violation: A. "Hearing officers" means those hearing officers referred to in Chapter 2.75, or its successor. B. Civil notices under this chapter, others than those involving license revocations, suspensions, denials or approvals, shall be handled by the Salt Lake City justice court. Any named party may appear before a hearing officer and present and contest an alleged violation as provided in Chapter 2.75, or its successor. C. The burden to prove any defense shall be upon the person raising such defense. Nothing herein shall affect the City's burden to prove each element of the underlying charge by a preponderance of evidence. D. If the hearing officer finds that no violation of this Chapter occurred, or that a violation occurred but one or more of the defenses set forth in this Section is applicable, the 10 hearing officer may dismiss the civil notice and release the named party from liability thereunder, or may reduce the penalty associated therewith as he or she shall determine. Such defenses are: 1. The civil notice does not contain the information required by this Chapter; 2. Compliance with the subject ordinances would have presented an imminent and irreparable injury to persons or property; or 3. Such other mitigating circumstances as may be approved by the City Law Department. SECTION 7. That Section 5.71.100, Salt Lake City Code, pertaining to expedited appeal of exclusion regarding business license revocation and ground transportation be, and the same hereby is, amended to read as follows: 5.71.100 Expedited Appeal Of Exclusion: A. "Mayoral hearing examiners" means persons appointed as provided by Section 5.02.280 of this Title to hear matters involving business license revocations, suspensions, and denials or approvals. B. Any named party who is excluded from pursuing commercial activities under this Chapter, and has not had a hearing before a mayoral hearing examiner regarding such exclusion, may request an expedited appeal of such exclusion within five (5)business days of the date when such exclusion is effective. Such appeal shall be requested in person by the person so excluded to the department responsible for enforcement. The City department responsible for enforcement shall promptly investigate the facts relating to such exclusion. If the evidence indicates that such exclusion is improper under this Chapter, the department's manager or other designated officer shall stay such exclusion until the issue can be heard and determined by a mayoral hearing 11 examiner. If the exclusion is not stayed by the department charged with enforcement, a hearing regarding such exclusion shall be held before a mayoral hearing examiner within five (5) days of the manager's or departmental officer's determination. If the evidence indicates that such exclusion is proper under this Chapter such hearing officer shall uphold such exclusion. SECTION 8. That Section 8.04.390A, Salt Lake City Code, pertaining to animals running at large be, and the same hereby is, amended to read as follows: 8.04.390 Animals Running At Large: A. With the exception set forth in subsection B of this Section, it is unlawful for the owner or person having charge, care, custody or control of any animal to allow such animal at any time to run at large. The owner or person charged with responsibility for an animal found running at large shall be strictly liable for a violation of this Section, regardless of the precautions taken to prevent the escape of the animal and regardless of whether or not such owner or person knows that the animal is running at large. Any person violating any provision of this Section shall be deemed guilty of a civil violation and shall be penalized as provided in Appendix A of this Chapter. B. SECTION 9. That Section 8.04.400, Salt Lake City Code, pertaining to dogs on chains on unenclosed premises be, and the same hereby is, amended to read as follows: 8.04.400 Dogs On Chains On Unenclosed Premises: It is unlawful for any person to chain, stake out or tether any dog on any unenclosed premises in such a manner that the animal may go beyond the property line, unless such person has permission of the owner or lessee of the affected property. Any person violating any 12 provision of this Section shall be deemed guilty of a civil violation and shall be penalized as provided in Appendix A of this Chapter. SECTION 10. That Section 8.04.520, Salt Lake City Code,pertaining to notice of violations—appeal procedures be, and the same hereby is, amended to read as follows: 8.04.520 Notice Of Violations: A. Notices of violations shall be adjudicated as civil violations in the justice court in accordance with the procedures set forth in Chapter 2.75 of this Code. B. Any person having received a notice of violation, as provided in this Chapter,may appear before the justice court and present and contest such alleged violation. C. The burden to prove any defense shall be upon the person raising such defense. Nothing herein shall affect the City's burden to prove each element of the underlying charge by a preponderance of evidence. D. If the hearing officer finds that no violation as set forth in the notice of violation has occurred or that such a violation has occurred but one or more of the affirmative defenses set forth in this Section is applicable,the hearing officer may dismiss the notice of violation and release the recipient of the notice from liability thereunder or the hearing officer may reduce the penalty associated therewith. Such affirmative defenses are: 1. At the time of the receipt of the notice,the person receiving the notice was not the owner or the person responsible for the animal and his/her actions did not contribute to the issuance of the notice of violation. 2. Compliance with the subject ordinances would have presented an imminent and irreparable injury to persons or property. 13 3. Such other mitigating circumstances as may be approved by the City Law Depai tiiient. SECTION 11. That Section 11.14.070, Salt Lake City Code,pertaining to administrative appeals in regards to special security assignments in connection with parties, gatherings or events be, and the same hereby is, amended to read as follows: 11.14.070 Administrative Appeals: A. A justice court judge shall consider matters relating to the "Special security assignments". B. Any person having received notice of a"Special security assignment" may appear before the justice court and present and contest such alleged violation, in accordance with the procedures set forth in Chapter 2.75 of this Code.. C. The burden to prove any defense to reimburse the city for the service shall be upon the person raising such defense. D. Such defenses are: 1. Wrong name and address on the special security assignment notice; 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. 14 SECTION 12. That Section 12.12.010, Salt Lake City Code, pertaining to obedience to traffic code be, and the same hereby is, amended to read as follows: 12.12.010 Obedience To Traffic Code Required: A. Unlawful Acts: It is unlawful for any person to: 1. Do any act prohibited by this Title; 2. Fail or refuse to do any act required by this Title; 3. Operate any vehicle in violation of any provision of this Title; or 4. Operate any vehicle unless such vehicle is equipped and maintained in compliance with this Title. B. Misdemeanor On Third Conviction: Upon a third conviction of any moving violation, whether the same violation or different violations, within the prior twelve (12) month period, such third violation is specifically designated as a Class B misdemeanor. C. Infraction And Misdemeanor Penalties: A person convicted of an infraction or a Class B misdemeanor, as provided in this Section, shall be punishable as provided by Section 1.12.050 of this Code, or its successor. SECTION 13. That Section 12.12.015, Salt Lake City Code, pertaining to civil traffic violations be, and the same hereby is, enacted to read as follows: 12.12.015 Civil Traffic Violations: A. Civil violations: Any person guilty of violating any provision of this title shall be deemed guilty of a civil traffic violation, unless such offense is specifically designated as a Class B or Class C misdemeanor or an infraction. B. The following violations of this Title shall be Class B misdemeanors: 15 • 1. Sections 12.16.010 through 12.16.120, (a moving violation that would be a Class B misdemeanor in a criminal proceeding) except for Section 12.16.060; 2. Section 12.24.070 (alcoholic beverages in vehicles); 3. Section 12.24.080 (intoxicated person in or about vehicles); 4. Section 12.24.100 (driving under the influence of drugs or alcohol); 5. Section 12.24.120 (driving on denied, suspended or revoked license); 6. Section 12.52.350 (reckless driving); 7. When any violation of this Title 12 occurs in conjunction with any of the violations listed above or in conjunction with any other criminal violation of this Code or of State or Federal law. SECTION 14. That Section 12.16.060, Salt Lake City Code, pertaining to collision with unattended property be, and the same hereby is, amended to read as follows: 12.16.060 Collision with unattended property. A. The driver of any vehicle which collides with or is involved in an accident with any vehicle or other property which results in damage to the other vehicle or property shall immediately stop, and shall then and there either locate and notify the operator or owner of such vehicle or other property of such driver's name and address and the registration number of the vehicle causing such damage, or shall attach securely in a conspicuous place on the vehicle or other property a written notice giving such driver's name and address and the registration number of the vehicle causing such damage. If applicable, the driver shall also give notice as provided in Section 12.16.010, or its successor. 16 B. Any person failing to comply with said requirements under such circumstances is guilty of civil violation. SECTION 15. That Section 12.24.016, Salt Lake City Code, pertaining to vehicle owner driving without insurance be, and the same hereby is, amended to read as follows: 12.24.016 Vehicle Owner Driving Without Owner's and Operator's Security: A. It is unlawful for any owner of a motor vehicle with respect to which a security is required under Utah motor vehicle owner's or operator's security laws, to drive such motor vehicle or permit such motor vehicle to be driven upon streets or highways within the corporate limits of the City, without security being in effect, as required by the Utah Financial Responsibility of Motor Vehicle Owners and Operator's Act, Sections 41-12a-301, Utah Code Annotated, et. Seq., or their successor sections. B. The foregoing notwithstanding, no person cited for a violation of this Section shall be adjudged guilty of a violation hereof, if such person produces reasonable evidence before the justice court, in accordance with the procedures set forth in Chapter 2.75 of this Code, or its successor, that such security was in effect at the time such person was issued a citation for failure to have such evidence in his or her possession. Evidence of such security being in effect may be in the form of an identification card approved by the Utah Department of Public Safety for issuance by an insurer to its insured with respect to the motor vehicle. C. An increased penalty may be imposed for a second and subsequent offense within three (3) years of a previous conviction or forfeiture of penalty. SECTION 16. That Section 12.24.018, Salt Lake City Code, pertaining to driving without insurance be, and the same hereby is, amended to read as follows: 17 12.24.018 Driving Without Owner's and Operator's Security: A. It is unlawful for any person to operate a motor vehicle which is subject to the requirements of insurance contained in the Utah Financial Responsibility of Motor Vehicle Owner's and Operator's Act, section 41-12a-301, et seq.,Utah Code Annotated, or their successor sections, anywhere within the corporate limits of the City, knowing that the owner of the motor vehicle does not have security in effect as required by the Utah Financial Responsibility of Motor Vehicle Owners and Operators Act. B. The foregoing notwithstanding,no person cited for a violation of this Section shall be adjudged guilty of a violation hereof if such person produces reasonable evidence before the justice court, in accordance with the procedures set forth in Chapter 2.75 of this Code, or its successor, that said security was in effect at the time such person was issued a citation for failure to have such evidence in his or her possession. Evidence of such security being in effect may be _in the form of an identification card approved by the Utah Department of Public Safety for issuance by an insurer to its insured with respect to the motor vehicle. C. An increased penalty may be imposed for a second and subsequent offense within three (3) years of a previous conviction or forfeiture of penalty. SECTION 17. That Section 14.20.110,Salt Lake City Code, pertaining to failure to remove snow and ice be, and the same hereby is, amended to read as follows: 14.20.110 Failure To Remove Snow And Ice-Civil Penalties: A. Any owner or occupant of property abutting a paved City sidewalk who fails to comply with Section 14.20.070 of this Chapter is guilty of a civil violation. Such violation shall be handled by the city's justice court in accordance with the procedures set forth in Chapter 2.75 18 of this Code, or its successor. Notice of civil violation may be given to the lessee and/or the owner of the property by hand delivery or by the mailing of the notice by first class mail to the owner of record. B. The civil penalty shall be in the sum of seventy-five dollars ($75.00). C. Any penalty paid within fifteen(15) days of receipt of notice shall be reduced by the sum of fifty dollars ($50.00). D. Any penalty paid within twenty five (25) days shall be reduced by the sum of twenty-five dollars ($25.00). SECTION 18. This ordinance shall take effect on July 1, 2002. Passed by the City Council of Salt Lake City, Utah this 13th day of June 2002. CHAIRPERSON ATTEST: CHIEF DEPUTY C RECe7RDERirNt l. '` '� CI NEW Transmitted to Mayor on June 26, 2002 • 19 Mayor's Action: Approved. Vetoed. OR IEF DEPU Y CORDER APPROVED AS TO FORM Salt Lake 8Y8 .offioe Date 6 .2'/ (SEAL) By Bill No. 29 of 2002. Published: 6-30-02 G\Ordinance 02\Enacting Chapter 2 84 re Establishment of an SLC Justice Court—6-24-02 clean 20