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031 of 2000 - amending chapter 2.75 administrative enforcement program o 00-1 0 00- 31 SALT LAKE CITY ORDINANCE No. 31 of 2000 (Administrative Enforcement Program) AN ORDINANCE AMENDING CHAPTER 2 . 75, SALT LAKE CITY CODE, RELATING TO ADMINISTRATIVE ENFORCEMENT; AMENDING SECTION 8 . 04 . 390, RELATING TO ANIMALS RUNNING AT LARGE; AMENDING SECTION 8 . 04 , 400, RELATING TO Dogs On Chains On Unenclosed Premises; AMENDING SECTION 8 . 04 . 510, RELATING TO ANIMAL SERVICES ISSUANCE OF CITATIONS AND NOTICES OF VIOLATIONS; AMENDING SECTION 8 . 04 . 520, RELATING TO ANIMAL SERVICES APPEAL PROCEDURES ON NOTICES OF VIOLATIONS; REPEALING SECTION 12 . 20 . 010, RELATING TO FALSE INFORMATION; AMENDING SECTION 12 . 24 . 010, RELATING TO DRIVER LICENSING AND NO-FAULT INSURANCE REQUIREMENTS; ENACTING SECTION 12 . 24 . 011 RELATING TO OPERATING A VEHICLE WITHOUT EVER HAVING RECEIVED AN OPERATOR' S LICENSE; ENACTING SECTION 12 . 24 . 012, RELATING TO VIOLATION OF RESTRICTED LICENSE; ENACTING SECTION 12 . 24 . 013 RELATING TO PROHIBITED USES OF LICENSE CERTIFICATE; ENACTING SECTION 12 . 24 . 014 , RELATING TO VIOLATION OF CLASS OF LICENSE; ENACTING SECTION 12 . 24 . 016, RELATING TO VEHICLE OWNER DRIVING WITHOUT PROPER INSURANCE; ENACTING SECTION 12 . 24 . 018, RELATING TO DRIVING WITHOUT PROPER INSURANCE; ENACTING SECTION 12 . 24 . 115, RELATING TO CIVIL VIOLATION FOR DRIVING A MOTOR VEHICLE WHILE DRIVING PRIVILEGES ARE DENIED, SUSPENDED, DISQUALIFIED OR REVOKED; ENACTING SECTION 12 . 24 . 120, RELATING TO 1 A CLASS B MISDEMEANOR FOR DRIVING A MOTOR VEHICLE WHILE DRIVING PRIVILEGES ARE DENIED, SUSPENDED, DISQUALIFIED OR REVOKED; AMENDING SECTION 12 . 28 . 020 RELATING TO REQUIREMENTS OF VEHICLE REGISTRATION AND LICENSE PLATES; AMENDING SECTION 12 . 28 . 080, RELATING TO CHILD PASSENGERS SAFETY REQUIREMENTS; AMENDING SECTION 12 . 28 . 100, RELATING TO MUFFLERS AND EXHAUST SYSTEMS; AMENDING SECTION 12 . 28 . 150, RELATING TO SPECIAL PERMITS FOR RESTRICTED VEHICLES; AMENDING SECTION 12 . 44 . 220, RELATING TO APPROACHING EMERGENCY VEHICLES; REPEALING SECTION 12 . 52 . 190, RELATING TO PROHIBITIONS AGAINST INCREASING MUFFLER NOISE; AMENDING SECTION 12 . 52 . 100 RELATING TO VEHICLE LOAN OR RENTAL REQUIREMENTS; AMENDING SECTION 12 . 56 . 550, RELATING TO PENALTIES FOR UNAUTHORIZED USE OF STREETS, PARKING LOTS AND OTHER AREAS; AMENDING SECTION 12 . 88 . 040 RELATING TO ENFORCEMENT AND EVALUATION OF VEHICLE NOISE LIMITS; AMENDING CHAPTER 12 . 89 RELATING TO OTHER NOISE PROHIBITIONS . Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Chapter 2 . 75, Salt Lake City Code, pertaining to administrative enforcement be, and the same hereby is, amended to read as follows : 2 Chapter 2 . 75 ADMINISTRATIVE TRAFFIC ENFORCEMENT PROGRAM 2 . 75. 010 Definitions : Whenever the following terms are used in this Chapter, they shall have the meanings set forth herein: A. "Administrative citation" means a civil finding by a law enforcement officer that a violation of of this Code, as provided in Section 2 . 75 . 060 or 2 . 75 . 070 of this Chapter, has occurred. B. "Administrative enforcement program" means a noncriminal enforcement of traffic laws and such other enforcement programs as may be designated by City ordinances. C. "Administrative Law Judge" or "ALJ" means a person selected to be the final decision maker of noncriminal traffic matters and such other administrative adjudications as may be designated by City ordinances . D. "Assessments" includes, but is not limited to, late charges, administrative fees, attorneys fees, court costs, and traffic school fees D. "Civil penalty" shall mean the fine, forfeitures or assessment imposed by the ALJ in the administrative enforcement program. 3 E. "Hearing Officer" means an individual designated as a hearing officer, violation coordinator, or such other person who has authority to make decisions regarding administrative citations that have been issued by a law enforcement officer, and before the matter is referred to the ALJ. 2 . 75. 020 Administrative Law Judge: A. Duties : The ALJ may: 1) establish policies and procedures for handling appeals consistent with the purposes and intent of this Chapter; 2) formulate and maintain a schedule of penalties, surcharges and assessments; 3) issue administrative subpoenas in accordance with Chapter 59 of this Title; 4 ) give to the City Director of Management Services any and all information necessary for disciplinary action should any staff violate City policies or the ALJ policies and procedures; serve as a business license hearing examiner as provided by Section 5 . 02 . 230, in addition to other hearing examiners appointed by the mayor. B. Policies And Procedures : The ALJ has authority to establish written policies and procedures consistent with the purposes and intent of this Chapter. C. Term: The ALJ shall serve for six (6) years or until such time as the position is eliminated from the City staffing document, whichever may occur first . The ALJ may be reappointed to a subsequent term, without engaging in the entire selection 4 process described above, upon nomination by the Mayor and consent by the City Council . D. Removal : The ALJ shall be subject to removal during the term of office for cause, including, but not limited to, malfeasance, misfeasance or nonfeasance. E. Number: The number of ALJs shall be at least one, but may be as many as the caseload may require and as funded by the City Council . F. Presiding ALJ: In the event there is more than one ALJ, the presiding ALJ shall be selected by vote of ALJs, but no ALJ may serve more than one consecutive term as presiding ALJ. The term for the presiding ALJ shall be two (2) years . 2 .75 .030 Administrative Law Judge Selection Process : A. Nominating Commission: A nominating commission of five (5) residents of Salt Lake City shall be selected by the Mayor to nominate a qualified person to serve as ALJ. The nominating commission members shall be selected so that there is no more than one member selected from any one City Council district . No more than three (3) members shall be members of the same political party. At least one but no more than three (3) members of the commission shall be members of the Utah State Bar. B. Panel Of Nominees : The commission shall select a panel of five (5) qualified persons whose names are to be submitted to the Mayor. The Mayor shall select one person from the panel and 5 shall forward the name of the selected person to the City Council for their advice and consent . Should the City Council refuse consent, the Mayor may choose another person from the panel or may request the commission to select a new panel of nominees . C. Qualifications : The Administrative Law Judge shall be : 1) admitted to practice law in the State; 2) a member in good standing of the Utah State Bar; 3) at least twenty five (25) years of age; and 4 ) a Utah resident for three (3) consecutive years immediately preceding selection. 2 . 75 . 040 Pro Tempore Administrative Law Judge: The Mayor shall have power, any time after adoption of this Chapter, to appoint an ALJ to act pro tempore under the following circumstances : a) until such time as a vacant ALJ position is filled permanently in accordance with this Chapter; or b) to fill any temporary vacancy of more than thirty (30) days . 2 .75 . 050 Hearing Office: .- A. Duties : Consistent with the policies and procedures promulgated by the ALJ, the hearing officer may receive 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 6 assessments; and perform such other duties as deemed necessary or desirable by the ALJ to carry out the purposes of this Chapter in accordance with justice and equity. B. Accountability: The hearing officer shall serve as the staff for the ALJ but shall be supervised as an employee under the direction of the City Director of Management Services or his/her designee . C. Regardless of provisions in this Section 2 . 75 . 050 to the contrary, violations of the following City Code Sections shall require a mandatory appearance before the ALJ for disposition, and shall not be disposed of by a hearing officer: 1 . 12 . 36 . 040 2 . 12 . 48 . 070 3 . 12 . 48 . 080 4 . 12 . 48 . 100 2 . 75 . 060 Civil Traffic Violations : A. When an officer determines that a violation of Title 12 of this Code has occurred, the officer shall issue an administrative citation as provided in this Chapter, except as provided in subsection B below . B. An officer shall not issue an administrative citation for any of the following violations of this Code, which shall continue to be prosecuted in a criminal proceeding: 7 1 . Sections 12 . 16. 010 through 12 . 16. 120 (a moving violation that would be a Class B misdemeanor in a criminal proceeding) ; 2 . Section 12 . 24 . 100 (driving under the influence of drugs or alcohol) ; 3 . Section 12 . 24 . 070 (alcoholic beverages in vehicles) ; 4 . Section 12 . 24 . 080 (intoxicated person in or about vehicles) ; 5 . Section 12 . 24 . 120 (Class B misdemeanor - driving on denied, suspended or revoked license) ; 6. Section 12 . 52 . 350 (reckless driving) ; 7 . When any violation of Title 12 of this Code occurs in conjunction with any of the violations listed above or in conjunction with any other criminal violation of the City Code or of state or federal law. 2 . 75 . 070 Other Violations : The following sections of the City code shall be administered as a part of the administrative enforcement program: A. Parking. The provisions of Chapter 12 . 56 B. Animal Control . Civil notices of violation under Section 8 . 04 . 510 (B) ; C. False alarms . Service fees imposed by Section 5 . 08 . 095; 8 D. Ground transportation. Civil notices of ground transportation violations referred to in Chapter 5 . 71; and E. Snow removal . Civil notices of violation under Section 14 . 20 . 110 . 2 . 75 . 080 Appeals Of Administrative Citations: A. The ALJ shall hear and decide all appeals of administrative citations, unless specifically excepted in this chapter. B. Any person having received an administrative citation shall within twenty (20) days either pay the civil penalty, surcharge and assessment as contained in the fee schedule, or file a written request for a hearing before the ALJ. C. Unless a mandatory appearance before the ALJ is required by Subsection 2 . 75 . 050 C, or its successor, any person receiving an administrative citation who requests a hearing may choose to discuss the matter with a hearing officer for informal resolution prior to the hearing before the ALJ. D. If the matter is resolved by the hearing officer, the hearing request shall be dismissed. E. Hearings before the ALJ may be informal, but shall be conducted in a manner to provide adequate due process to all parties, including, but not limited to, the following: 1) the right to appear in person or be represented by counsel; 2 ) the 9 right to subpoena witnesses at the expense of the requesting party in accordance with Chapter 2 . 59 of this Title; 3) Utah Rules of Evidence and Utah Rules of Civil Procedure may be used as guidelines in the conduct of hearings, but need not be strictly followed or applied; 4) persons or their attorneys have the right to cross-examine witnesses; 5) all proceedings before the ALJ shall be recorded by audio recording which, together with any documents in the file, shall constitute the official record of the proceedings; and 6) the ALJ shall make written findings of fact and conclusions of law as part of the decision. F. In a hearing before the ALJ the City bears the burden to prove the existence of a violation by a preponderance of the evidence. G. If the ALJ finds that the burden of proof has not been met, the ALJ shall dismiss the administrative citation. H . If the ALJ finds that a violation did occur, the ALJ may enter such a finding, assess or reduce the penalties, surcharges and assessments as justice requires; certify the violation to the State so that points may be assessed to the violator; enter into an agreement for the timely or periodic payment of the penalties, surcharges and assessments; require attendance at traffic school; or take any other action consistent with this Chapter. 10 I . If the penalties, surcharges and assessments imposed pursuant to this Chapter remain unsatisfied after twenty (20) days from the issuance of the administrative citation and no written request for a hearing has been filed, or thirty (30) days have passed from the date of payment ordered by the ALJ, the City may use such lawful means as are available to collect such penalties, surcharges, and assessments, including late charges, administrative and court costs, and attorney fees . Any additional penalties are stayed upon filing the request for hearing. J. Failure to pay the penalties, surcharges and assessments imposed pursuant to this Chapter or to appeal the administrative citation within the prescribed time limits or failure to appear at the scheduled hearing before the ALJ shall constitute a failure to exhaust the administrative appeals process referred to in Section 2 . 75 . 110 . 2 . 75 . 090 Schedule Of Penalties, Surcharges And Assessments : A. The ALJ shall formulate and maintain for public review a civil penalty, surcharge, traffic school fee, and assessment schedule. The schedule shall list standard penalty amounts for those violations to be heard by the ALJ or hearing officer as provided by this Chapter In the event there is no timely request for an ALJ hearing and there is no payment of the applicable penalty within 20 days of the issuance of the citation, such shall constitute a default . Insofar as is practical the ALJ shall 11 follow rule 4-302 of the "Rules of Judicial Administration" in establishing the penalty schedule. Unless the ALJ establishes a different penalty schedule as authorized by this Section 2 . 75 . 090, the civil penalty shall be consistent with the uniform bail schedule adopted by the Judicial Council . B. The cumulative total of all civil penalties, surcharges and assessments for each citation shall not exceed those prescribed for Class B misdemeanors as set forth in Utah Code Annotated sections 76-3-301 and 76-3-303, as amended. C. Revenues obtained from administrative citations in excess of budgeted amounts shall be segregated from other funds . Such funds will not be spent until appropriated by the City Council . 2 . 75 . 100 Surcharge Fees : With regard to traffic violations under Title 12 (other than parking violations) : A. If the final administrative determination is for a violation reportable to the state, the ALJ shall assess a building fee surcharge equal to the State fee provided in Utah Code Annotated section 21-1-5 (2) (d) (ii) . The City shall remit the building fee surcharge to the State for use as specified in Utah Code Annotated section 21-1-5 (3) until such time as the bonding indebtedness for the Matheson Courthouse is retired. 12 B. The ALJ shall also assess a traffic mitigation surcharge as provided in Utah Code Annotated section 63-63b-101 . The City shall retain the traffic mitigation surcharge and report its use as specified in Utah Code Annotated section 63-63b-102 . C . The ALJ shall also assess the State surcharge as provided in Utah Code Annotated section 63-63a-1 . The City shall pay all of said surcharge to the State . If the State does not accept, or rebates such funds, the funds shall be retained by the City. D. The ALJ shall also assess a City surcharge of $13 . 00 . 2 . 75 . 110 Appeals From ALJ Decisions : Upon exhausting the administrative appeals process of Section 2 . 75 . 080, any party adversely affected by an administrative proceeding may petition the district court for review of the final administrative determination pursuant to �,.�"'Section 10-3-703 . 7, U .C.A. 1953, as amended, or its successor. (a) "Final administrative determination" means an ALJ determination pursuant to City Code Section 2 . 75 . 080H, or its successor. (b) The City shall transmit to the reviewing district court the record of its proceedings, including its findings, orders, and a true and correct transcript of the ALJ proceedings . The appellant shall bear the cost of 13 providing the record and transcript according to the civil penalty, surcharge and assessment schedule. This Section shall apply retroactively to appeals from an ALJ determination to the district court arising on or after March 16, 2000, the effective date of Section 10-3-703 . 7, U. C.A. 1953, as amended. SECTION 2 . That Section 8 . 04 . 390, Salt Lake City Code, relating 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 and City Code Chapter 2 . 75, or its successor. 14 B. Dogs shall be permitted to run off-leash only in areas of parks and public spaces specifically authorized by City ordinance, specifically designated by the Director of Public Services as "off-leash areas", and clearly identified by signage as such. Said areas shall be as follows : 1) designated areas of Memory Grove Park known as the Freedom Trail Section, 2) the Municipal Ball Park, also known as Herman Franks Park, except for the fenced youth baseball diamonds and playground area, 3) designated areas of Jordan Park, and 4) designated areas of Lindsey Gardens . While in such areas dogs shall at all times remain under control of the dog' s owner or custodian. "Under control" means that a dog will respond on command to its owner or custodian. The foregoing notwithstanding, the Public Services Department may conduct additional experiments in other areas of the City for possible future legislative enactment establishing such areas as "off-leash areas", provided such experiments are conducted in accordance with the guidelines approved by the City Council in its Resolution 101 of 1999 . SECTION 3 . That Section 8 . 04 . 400, Salt Lake City Code, relating 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 15 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 provision of this Section shall be deemed guilty of a civil violation and shall be penalized as provided in Appendix A of this chapter and City Code Chapter 2 . 75, or its successor. SECTION 4 . That Section 8 . 04 . 510, Salt Lake City Code, relating to animal services issuance of citations and notices of violation be, and the same hereby is, amended to read as follows : 8 . 04 .510 Issuance Of Citations-Notice Of Violations : A. A peace officer and/or animal services officer is authorized to issue a citation to any person upon a charge of violating any provisions of this Title. The form of the citation, and proceedings to be handled upon the basis of the citation, shall conform to the provisions of the Utah Code of Criminal Procedure, including, but not necessarily limited to, sections 77-7-18 through 77-7-22, Utah Code Annotated, 1953, as amended, or their successors . B. Where violations of the following requirements of this Ordinance are committed, an animal services officer or authorized agent shall issue a notice of violation to any person in lieu of a citation; violations regarding: 1) inspections and reports, 2) licensing, 3) rabies vaccinations, 4 ) harboring stray animals, 5) animals running at large, 6) animal nuisances, 7 ) more than two 16 (2) animals at a residence, 8) animal trespass, 9) staking dogs improperly, 10) confining female dogs in heat, 11) animal care and maintenance, 12) animals in vehicles, 13) giving animals as sales premiums, 14 ) the sale/premium of baby rabbits and fowl, or 15) the sale of pet turtles . The notice of violation shall state, with reference to the pertinent sections of this Title, the violation which must be remedied by the person charged and shall set forth a compliance date by which the violator must comply with the remedial requirements . The notice of violation shall also include the amount of an administrative and processing fee to be paid by the person charged in the notice of violation. The fee shall be the same as that set forth in Appendix A of this Chapter for minimum citation penalties . This fee amount may be waived for first offenses, provided the pet owner satisfactorily completes a class on responsible pet ownership which is approved by the Office of Animal Services . Refusal and/or nonpayment of the administrative and processing fee, or failure to comply with the remedial requirements referred to in the notice of violation by the deadline set as the compliance date, may result in the issuance of a citation to the person charged. SECTION 5 . That Section 8 . 04 . 520, Salt Lake City Code, relating to animal services appeal procedures on notices of violation be, and the same hereby is, amended to read as follows : 17 8 . 04 . 520 Notice Of Violations-Appeal Procedures : A. Notices of violations shall be adjudicated by hearing officers and/or administrative law judges in accordance with City Code Chapter 2 . 75 . B. Any person having received a notice of violation, as provided in this Chapter, may appear before a hearing officer and/or the Administrative Law Judge and present and contest such alleged violation. C. The burden to prove any defense shall be upon the person raising such defense . 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 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 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. 18 3 . Such other mitigating circumstances as may be approved by the City Law Department. E. If the hearing officer or the Administrative Law Judge finds that violation has occurred and no applicable defense exists, the hearing officer or 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 penalty. F. If the penalty imposed pursuant to this Chapter remains unsatisfied after twenty (20) days from the receipt of notice, or ten (10) days from such date as may have been agreed to by the hearing officer or Administrative Law Judge, the City may impose assessments in accordance with Section 2 . 75 . 090 of the City Code, or its successor . The City may use such lawful means as are available to collect such penalty, including late charges, administrative costs and attorney fees . SECTION 6 . That Section 12 . 12 . 020, Salt Lake City Code, elating to police and fire department officials - authority be, and the same hereby is, amended to read as follows : 12 . 12 . 020 Police And Fire Department Officials-Authority: No person shall fail or refuse to comply with any lawful order or direction of an officer of the Police or Fire Department, in their capacity as such officer. Failure to comply with the 19 vehicle or pedestrian duties set forth at City Code Section 12 . 44 . 220 shall constitute a violation of this Section. SECTION 7 . That Section 12 . 20 . 010, Salt Lake City Code, relating to false information be, and the same hereby is, repealed. SECTION 8 . That Section 12 . 24 . 010, Salt Lake City Code, relating to driver licensing and no-fault insurance requirements be, and the same hereby is, amended to read as follows : 12 .24 . 010 Driver licensingrequirements . It is unlawful for any person, having been issued a valid, operator ' s license issued by the state of Utah or by such person' s home state or country, if such operator ' s license is required of such person under the laws of his or her home state or country, and which license has not been revoked or suspended, to drive a motor vehicle upon the streets of the city unless such person has in his or her immediate possession such license and displays the same upon demand of a police officer of this city; provided, however, that it shall be a defense to any charge under this subsection that the person so charged produce in court an operator' s license as above required theretofore issued to such person and valid at the time of such person' s arrest . SECTION 9. That Section 12 . 24 . 011, Salt Lake City Code, relating to operating a vehicle without ever having received an 20 operator's license be, and the same hereby is, enacted to read as follows: 12.24.011 Operating a motor vehicle having never received an operator's or a commercial driver license. A. It is unlawful for any person, having never been issued a valid operator's license issued by the state of Utah or by such person's home state or country, if such operator's license is required of such person under the laws of his or her home state or country, to operate a motor vehicle upon the streets of the city. B. It is unlawful for any person, having never been issued a commercial driver license as required by Title 53, Chapter 3, Part 4, Utah Code Annotated, or its successor, to operate a commercial motor vehicle as defined by Section 53-3-102, Utah Code Annotated, or its successor, upon the streets of the city. SECTION 10. That Section 12.24.012, Salt Lake City Code, relating to violation of restricted license be, and the same hereby is, enacted to read as follows: 12.24.012 Violation of restricted license. A. It is unlawful for any person to drive a motor vehicle upon the streets of the city in any manner in violation of the restrictions imposed in a restricted operator's license or a temporary learner permit granted to such person by the state or by such person's home state or country. 21 B. It is unlawful for any person to drive a commercial motor vehicle as defined by Section 53-3-102, Utah Code Annotated, or its successor, upon the streets of the city in any manner in violation of the restrictions imposed in a restricted commercial driver license or temporary learner permit granted under Title 53, Chapter 3, Part 4, Utah Code Annotated, or its successor SECTION 11 . That Section 12 . 24 . 013, Salt Lake City Code, relating to prohibited uses of license certificate be, and the same hereby is, enacted to read as follows : 12 .24 .013 . Prohibited uses of license certificate. ( 1) It is unlawful for a person to : (a) display, cause or permit to be displayed, or to have in possession any license certificate knowing it is fictitious or altered; (b) lend or knowingly permit the use of a license certificate issued to him, by a person not entitled to it; (c) display or to represent as his own a license certificate not issued to him; (d) refuse to surrender to a peace officer upon demand any license certificate issued by the state or issued by another state or country; (e) permit any other prohibited use of a license certificate issued to him; or 22 (f) display a canceled, denied, revoked, suspended, or disqualified driver license certificate as a valid driver license certificate . (2) The provisions of Subsection (1) (f) do not prohibit the use of a person ' s driver license certificate as a means of personal identification. SECTION 12 . That Section 12 . 24 . 014, Salt Lake City Code, relating to violation of class of license be, and the same hereby is, enacted to read as follows : 12 .24 . 014 Violation of class of license. It is unlawful for any person to drive a class of motor vehicle for which such person is not licensed as required under Section 53-3-213, U. C.A. 1953 as amended, or its successor. SECTION 13 . That Section 12 . 24 . 016, Salt Lake City Code, relating to vehicle owner driving without proper insurance be, and the same hereby is, enacted to read as follows : 12 .24 . 016 Vehicle owner driving without insurance. A. It is unlawful for any owner of a motor vehicle with respect to which a security is required under Utah no-fault insurance 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 Automobile No-Fault Insurance Act, or its successor. 23 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 an administrative hearing officer or an administrative law judge 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 offenses within three years of a previous conviction or forfeiture of penalty. SECTION 14 . That Section 12 . 24 . 018, Salt Lake City Code, relating to driving without proper insurance be, and the same hereby is, enacted to read as follows : 12 .24 . 018 Driving without insurance. A. It is unlawful for any person to operate a motor vehicle which is subject to the requirements of insurance contained in the Utah Automobile No-Fault Insurance Act, Section 31-41-1, et seq. , or its successor, 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 No-Fault Insurance Act . 24 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 an administrative hearing officer or an administrative law judge 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 offenses within three years of a previous conviction or forfeiture of penalty. SECTION 15 . That Section 12 . 24 . 115, Salt Lake City Code, relating to a civil violation for driving a motor vehicle while driving privileges are denied, suspended, disqualified or revoked be, and the same hereby is, enacted to read as follows : 12 .24 . 115 Civil violation - Driving a motor vehicle prohibited while driving privilege denied, suspended, disqualified, or revoked. Except as provided in City Code Section 12 . 24 . 120, or its successor, any person whose driving privilege has been denied, suspended, disqualified, or revoked under the laws of the state of Utah or under the laws of the state in which the person ' s 25 driving privilege was granted and who drives any motor vehicle within the City while that driving privilege is denied, suspended, disqualified, or revoked is guilty of a civil violation. SECTION 16 . That Section 12 . 24 . 120, Salt Lake City Code, relating to a Class B misdemeanor for driving a motor vehicle while driving privileges are denied, suspended, disqualified or revoked be, and the same hereby is, enacted to read as follows : 12 .24 . 120 Class B misdemeanor - Driving a motor vehicle prohibited while driving privilege denied, suspended, disqualified, or revoked - Penalty. (1) (a) A person is guilty of a class B misdemeanor who is convicted of driving any motor vehicle within the City while that driving privilege is denied, suspended, disqualified, or revoked under the laws of the state of Utah or under the laws of the state in which the person' s driving privilege was granted, and which denial, suspension, disqualification, or revocation was for: (i) a refusal to submit to a chemical test under Section 41-6-44 . 10 U. C.A. 1953 as amended, or its successor; (ii) a violation of Section 41-6-44 U. C.A. 1953 asp' amended, or its successor; (iii) a violation of City Code Section 12 . 24 . 100 or its successor; 26 (iv) a violation of Section 41-6-44 . 6 U .C.A. 1953 as amended, or its successor; (v) a violation of Section 76-5-207 U. C.A. 1953 as amended, or its successor; (vi) a criminal action that the person plead guilty to as a result of a plea bargain after having been originally charged with violating one or more of the sections or ordinances under this Section; (vii) a revocation or suspension which has been extended under Subsection 53-3-220 (2) U. C.A. 1953 as amended, or its successor; or (viii) where disqualification is the result of driving a commercial motor vehicle while the person' s CDL is disqualified, suspended, canceled, or revoked under Subsection 53-3-414 (1) U .C .A. 1953 as amended, or its successor. (b) A person is guilty of a class B misdemeanor whose conviction under Subsection (1) is based upon the person driving a motor vehicle while the person' s driving privilege is suspended, disqualified, or revoked in any state for violations corresponding to the violations listed in Subsection (1) . (c) A fine imposed under this Section shall be at least the maximum fine for a class C misdemeanor under Section 76-3-301 U. C.A. 1953 as amended, or its successor . 27 SECTION 17 . That Section 12 . 28 . 020, Salt Lake City Code, relating to vehicle registration and license plates required be, and the same hereby is, amended to read as follows : 12 .28 . 020 Vehicle registration and license plates required. A. Every vehicle, at all times while being driven, stopped or parked upon the streets or alleys of this city, shall : 1 . Be registered in the name of the owner thereof in accordance with the laws of the state, unless such vehicle is not required by the laws of Utah to be registered in this state; 2 . Display in proper position two valid, unexpired registration plates, one on the front and one on the rear of such vehicle; and 3 . When required, current validation or indicia of registration attached to the rear plate and in a manner complying with the laws of the state, and free from defacement, mutilation, grease and other obscuring matters so as to be plainly visible and legible at all times . B. However, if such vehicle is not required to be registered in this state, and the indicia of registration issued by another state, territory, possession or district of the United States, or of a foreign country, substantially complies with the provisions hereof, such registration shall be considered compliance with this code. 28 C. Every commercial vehicle, as defined by Section 53-3- 102, Utah Code Annotated, at all times while being driven, stopped or parked upon the streets or alleys of this city, shall meet the requirements of this Section 12.28.020 SECTION 18. That Section 12.28.080, Salt Lake City Code, relating to child passengers safety requirements be, and the same hereby is, amended to read as follows: 12.28.080 Child passengers safety requirements. A. * * * B. * * * C. * * * D. Violations. 1. A driver convicted of a violation of this section is guilty of a civil violation, and shall be penalized not more than the maximum allowed by state law. 2. * * * E. * * * SECTION 19. That Section 12.28.100, Salt Lake City Code, relating to mufflers and exhaust systems be, and the same hereby is, amended to read as follows: 12.28.100 Mufflers and exhaust systems. Every motor vehicle shall at all times be equipped with a muffler in good working order and in constant operation. 29 Notwithstanding the foregoing, no person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase or change the character of the noise emitted by the motor of such vehicle above that emitted by the muffler originally installed on the vehicle . No person shall sell, furnish, provide or purchase, nor shall any person attach to any vehicle any device which will or is intended to increase or change the character of the sound of the original muffling equipment on any motor vehicle. No person shall operate a motor vehicle with an exhaust system so modified. SECTION 20 . That Section 12 . 28 . 150, Salt Lake City Code, relating to special permits for restricted vehicles be, and the same hereby is, amended to read as follows : 12 .28 . 150 Restricted vehicles-Special permits . Special permits of duration of more than one month may be issued by the mayor, or his or her designee, upon application in writing and good cause being shown therefor, or temporary permits for a duration of less than one month may be issued by the chief of police upon application and good cause being shown therefor, authorizing the applicant to operate or move any vehicle as defined in subsection A of Section 12 . 28 . 140, or its successor, upon any street at any time upon such conditions as may be set forth in the permit . 30 SECTION 21 . That Section 12 . 44 . 220, Salt Lake City Code, relating to approaching emergency vehicles be, and the same hereby is, amended to read as follows : 12 . 44 .220 Approaching emergency vehicle-Vehicle and pedestrian duties . Upon the immediate approach of an authorized emergency vehicle equipped with at least one lighted lamp exhibiting red light visible under normal atmospheric conditions from a distance of five hundred feet to the front of such vehicle, or when the driver thereof is giving a signal audible for five hundred feet by siren, exhaust whistle or bell : A. The driver of every other vehicle shall yield the right-of-way and shall immediately drive to a position parallel and as close as possible to the right-hand edge or curb of the roadway, clear of any intersection, and shall stop and remain in such position until the authorized emergency vehicle has passed, or until otherwise directed by a police officer; and B. Every pedestrian shall yield the right-of-way and shall immediately leave the roadway and remain out of the roadway until the authorized emergency vehicle has passed or until when otherwise directed by a police officer. 31 SECTION 22 . That Section 12 . 52 . 190, Salt Lake City Code, relating to prohibitions against increasing muffler noise be, and the same hereby is, repealed. SECTION 23 . That Section 12 . 52 . 100, Salt Lake City Code, relating to vehicle loan or rental requirements be, and the same hereby is, amended to read as follows : 12 .52 .200 Prohibition against allowing unlicensed person to drive - Vehicle loan or rental requirements . A. No registered owner, and no person in possession of any vehicle shall permit another person to drive the same without first ascertaining the name and address of such other person and that such person is legally licensed to operate such vehicle. B. Every person renting, leasing or hiring a motor vehicle to another person shall keep a record of the vehicle license number of the motor vehicle so rented, the name and address of the person, the number of the person' s operator ' s license, and the date and place when and where such vehicle operator ' s license was issued. Such record shall be open to inspection by any peace officer. C. The information and records required by this section shall be furnished to any peace officer for police purposes on demand. 32 SECTION 24 . That Section 12 . 88 . 040, Salt Lake City Code, relating to enforcement and evaluation of vehicle noise limits be, and the same hereby is, amended to read as follows : 12 . 88 . 040 Enforcement and evaluation of testing. A. The Salt Lake City Police Department shall enforce the provisions of this chapter. Said department may be equipped with the appropriate equipment for measuring sound levels, as provided in Section 12 . 88 . 030, or its successor, for purposes of enforcing this chapter, or may employ appropriate equipment provided by other agencies . B. Where a motor vehicle is deemed to be in violation of this chapter, the owner may transport it to a central testing location for further evaluation. If such vehicle is reevaluated and found not to be in violation of the decibel standards outlined above, no further proceedings shall be instituted and any citation issued shall be dismissed. SECTION 25 . That Chapter 12 . 89, Salt Lake City Code, relating to other noise prohibitions be, and the same hereby is, amended to read as follows : Chapter 12 . 89 OTHER NOISE PROHIBITIONS 33 12 . 89. 010 Radios, television sets , tape players , compact disc players, musical instruments and similar devices . A. It is unlawful for any person to use, operate or permit the use or operation of any radio receiving set, musical instrument, television, phonograph, drum, or other machine or device for the production or reproduction of sound: 1 . Between the hours of nine p.m. and seven a.m. in a way that is plainly audible at their property boundary or perimeter of the source; or 2 . On public property or on a public right-of-way at any time so as to be plainly audible fifty feet (15 . 25 meters) from the device. Permits to exceed the limits of this section may be issued for special events on public property by the chief of police or the director of the Salt Lake City-County health department upon approval from the agency operating the public property. 12 .89. 030 Enforcement and evaluation of testing. Any violation of this chapter shall constitute disturbing the peace. The police departmentshall enforce the provisions of this chapter. SECTION 26. That Section 12 . 56. 550, Salt Lake City Code, relating to penalties for unauthorized use of streets, 34 parking lots and other areas be, and the same hereby is, amended to read as follows : 12 . 56. 550 Unauthorized Use Of Streets, Parking Lots And Other Areas-Penalties : A. 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. 2 . "Unauthorized use of streets" means a violation of any restriction or prohibition contained in this Chapter or its successor. B. Civil penalties shall be imposed as follows : Section Penalty 12 . 56 . 030 $ 110 . 00 12 . 56. 040 110/00 12 . 56 . 050 107 . 00 12 . 56. 080 110 . 00 12 . 56. 100 107 . 00 12 . 56. 110 107 . 00 12 . 56 . 120 190 . 00 12 . 56 . 130 190 . 00 12 . 56 . 150 100 . 00 35 12 . 56. 180 107 . 00 12 . 56 . 190 100 . 00 12 . 56 . 210 107 . 00 12 . 56. 235 107 . 00 12 . 56 . 240 110 . 00 12 . 56 . 250 107 . 00 12 . 56 . 290 107 . 00 12 . 56 . 300 107 . 00 12 . 56 . 302 100 . 00 12 . 56 . 303 100 . 00 12 . 56 . 304 100 . 00 12 . 56 . 310 110 . 00 12 . 56 . 330 110 . 00 12 . 56 . 350 107 . 00 12 . 56 . 360 110 . 00 12 . 56 . 380 110 . 00 12 . 56. 390 107 . 00 12 . 56. 400 107 . 00 12 . 56 . 410 107 . 00 12 . 56 . 420 110 . 00 12 . 56 . 430 107 . 00 12 . 56 . 440 107 . 00 (with the exception of 12 . 56 . 440A4 and 12 . 56 . 440A18) 36 12 . 56 . 440A4 115 . 00 12 . 56 . 440A18 190 . 00 12 . 56. 450 100 . 00 12 . 56. 460 110 . 00 12 . 56. 465 145 . 00 12 . 56. 470 110 . 00 12 . 56. 480 110 . 00 12 . 56. 490 110 . 00 12 . 56 . 500 110 . 00 12 . 56. 510 110 . 00 12 . 56. 515 107 . 00 12 . 56. 520 107 . 00 12 . 56 . 525 107 . 00 C. The civil penalties specified in subsection B of this Section shall be subject to the following: 1 . Any penalty that is paid within ten (10) days from the date of receipt of notice shall be reduced by the sum of ninety dollars ($90 . 00) . 2 . Any penalty that is paid within twenty (20) days from the date of receipt of notice shall be reduced by the sum of sixty dollars ($60 . 00) . 3 . Any penalty that is paid within thirty (30) days from the date of receipt of notice shall be reduced by the sum of thirty dollars ($30 . 00) . 37 D. As used in this Section, "receipt of notice" means the affixing of a notice to the vehicle alleged to have been employed in such unauthorized use, or by delivery of such notice to the owner or driver thereof. E. Other fees and assessments: A thirty dollar ($30.00) administrative fee shall be assessed for the City's costs of collecting past due debts. SECTION 22. This ordinance shall take effect immediately upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah this It day of � 2 0 0 0. , `IRPERS- ATTEST: ; tip'"*i1% NPPiovLonsrc FORM Salt Lake City Attorneys Office p U: Date 5-3/Au / .. vr.. ';r By' 4111, HIES iEPUTY IT ‘ --CORDER Transmitted to Mayor on 6-15-00 Mayor's Action: /r Approved. Vetoed. MAYOR HIEF EPUTY IT .ECORDER 38 (SEAL) Bill No. 31 of 2000. Published: 6-22-00 ATTEST: G:\Ordina00\Amending Chapter 2.75 re Administrative Enforcement Program - May 31 2000 clean.doc 39