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056 of 1986 - Parking Amendment repealing and reenacting sections 28-3-154 through 28-3-171 ��... 0 86-1 �� ►. 0 86-24 rn SALT LAKE CITY ORDINANCE 4atF• d A' ::�MA,i.`a3� No . 56 of 1986 (Parking) AN ORDINANCE REPEALING AND REENACTING SECTIONS 28-3-154 THROUGH 28-3-171, REVISED ORDINANCES OF SALT LAKE CITY, UTAH, 1965, AMENDING SECTION 46-26-314, REVISED ORDINANCES OF SALT LAKE CITY, UTAH, 1965, AND ENACTING SECTIONS 46-26-316 THROUGH 46-26- 319, REVISED ORDINANCES OF SALT LAKE CITY, UTAH, 1965; RELATING TO PARKING; PROVIDING FOR THE RENUMBERING OF CERTAIN SECTIONS, PROVIDING A TIME FRAME REGARDING NUISANCES AND FOR THE IMPOUNDMENT OF VEHICLES AND PROCEDURES RELATING THERETO. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Sections 28-3-154 through 28-3-171, Revised Ordinances of Salt Lake City , Utah, be, and the same hereby are amended, to read as follows : therefor. Sec . 28-3-1 54. Reserved . Sec. 28-3-155. Owner' s responsibility for parking violation. Whenever any vehicle shall have been parked in violation of any of the provisions of any ordinance prohibiting or restricting parking , the person in whose name such vehicle is registered shall be prima facie responsible for such violation and subject to the penalty therefor. Sec. 28-3-156. Parking meter installation. The city traffic engineer shall cause to be installed contiguous to each designated parking meter space on a parking meter so designated that the deposit of a coin or coins will set the mechanism of the meter in motion, or permit the said mechanism to be set in motion, so that the meter will show the unexpired parking time applicable to the parking meter space contiguous to the meter, and said meter when said parking time has expired shall so indicate by a visible sign. Whenever said sign is visible, the meter is in violation . No person shall park any vehicle in any parking meter space, except as otherwise permitted by this ordinance without immediately depositing in the parking meter contiguous to said space such lawful coin or coins of the United States as are required for such meter and as designated by directions on the meter, and when required by the direction on the meter, setting in operation the timing mechanism thereof in accordance with said directions, unless said parking meter indicates at the time such vehicle is parked that an unexpired portion remains of the period for which a coin or coins has been previously deposited . No person, except as otherwise provided by this chapter, shall permit any vehicle parked by him to remain parked in any parking meter space during any time when the parking meter contiguous to said space indicates that no portion remains of the period for which the last previous coin or coins has been deposited , or beyond the time limited for parking as designated on said meter . -2- Sec . 28-3-157. Exceptions. Permission to park in parking meter spaces without the deposit of a coin may be granted by the City Transportation Engineer or designee upon application being made therefor in writing upon the following conditions: A showing of a substantial need to temporarily close the meters involved to the public use for a stated duration of time ; the placing of authorized bags over the meters involved; the daily payment in advance , to the City Treasurer of ten dollars per meter for the first day , or part thereof , and five dollars per meter per day, or part thereof, thereafter for a maximum of 15 d ay s . Sec . 28-3-158. Reserved . Sec . 28-3-159. Use of unexpired legal parking time . The driver of a vehicle entering a parking space at a time when the meter for such space shows unexpired legal parking time may permit such vehicle to remain parked in such space for such time as the meter indicates legal parking time remaining , and may, by depositing the proper coin or coins remain parked in such space for the amount of time allowed therein subject to the limitations provided in section 28-3-150. Sec . 28-3-160. Handicap parking - public property. (1 ) Handicap parking at meters and in restricted areas. A handicapped person, whose automobile has affixed thereto as provided by law , the handicap license plate or a transferrable motor vehicle identification card issued by the State of Utah, -3- shall be entitled to park at any parking meter and in the following identified restricted parking areas without charge , notwithstanding any other state or municipal parking restriction: Freight loading zones, passenger loading zones and time limited parking zones. It shall be unlawful for such handicapped person to: ( a) Park for longer than two hours at all meters and restricted parking areas where the maximum metered or designated time is less than two hours. ( b) Park for longer than the maximum metered or designated time at meters and restricted parking areas, where the maximum metered or designated time is longer than two hours. ( 2 ) Designated handicap parking . The City Transportation Engineer is hereby authorized , at his/her discretion t- reserve by appropriate signing , various public areas or property for handicap parking. It shall be unlawful for: ( a) any handicapped person to park longer than the time shown on the sign designating the area as "handicap parking" or ( b) any vehicle to be parked in an area designated as handicap parking , unless such vehicle has displayed upon it the handicap parking plate or transferrable identification card issued by the State of Utah . ( 3 ) Unlawful use of handicap license plate . It shall be -4- unlawful for any person using a vehicle with a handicap license plate or transferrable motor vehicle identification card who is not handicapped to use handicap parking . (4 ) Restricted areas not authorized for special handicap parking . Nothing herein shall be construed to permit parking by any individual , contrary to or as an exception to the limited purpose of the following designated areas: ( a ) Any area where official signs or traffic markings absolutely prohibit stopping , standing or parking ; ( b) Areas reserved for emergency use . "Emergency use" as used herein shall include, but not be limited to, those areas designated by red curb marking , also known as "red zones" ; areas designated as ambulance zones; fire hydrant zones as defined in Section 130 (d) of this chapter ; fire lanes as defined in Section 15-1-25 of the Revised Ordinances of Salt Lake City, whether on public or private property; or any other designated area of the city posted as restricted for emergency vehicles or emergency use . ( c) On a sidewalk area; ( d ) In front or, within f ive feet of a private driveway; ( e) Within five feet of fire hydrant as measured in both directions along the street or highway curb line , from a line extending from center of the hydrant to the curb line at its nearest point ; -5- ( f) Within twenty feet of a crosswalk at an intersec- tion; (g) Within thirty feet upon the approach to any flashing beacon or traffic-control device located at the side of a roadway ; (h) Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite and ends of a safety zone, unless authorized signs or markings indicate a different length ; ( i) Within fifty feet of the nearest rail of a railroad crossing; ( j ) Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance when properly signposted; ( k) Alongside or opposite any street excavation or obstruction when stopping , standing or parking would obstruct or• be hazardous to traffic; ( 1) Upon any bridge or other elevated structure upon a street or within a street tunner or underpass ; (m) At any place in any public park , playground or grounds of any public building other than on the roads or parking lots provided for public parking in accordance with provisions of any officially installed signs ; ( n) On any footpath in any park , playground; or ( o) Taxi and bus stands or stops . -6- Sec . 28-3-160. 1. Handicap parking - private property. No vehicle except those displaying a handicap license plate or transferrable motor vehicle identification card issued by the State of Utah shall park in any parking spot designated for the parking of handicapped persons. This restriction shall apply to and be enforceable upon private property where parking is open to the general public , whether parking is provided to the general public for free or for a fee . Sec . 28-3-161 . Authority to designate curb loading zones. The city traffic engineer is hereby authorized to determine the location of passenger and freight curb loading zones and restricted parking zones and shall place and maintain appropriate signs or markings indicating the same and stating the hours during which the provisions of this section are applicable . Sec . 28-3-162. Standing in passenger curb loading zone . No person shall stop, stand , or park a vehicle for any purpose or period of time other than for the expeditious loading or unload- inq of passengers in any place marked as passenger curb loading zone during hours when the regulations applicable to such curb loading zone are effective, and then only for a period not to exceed three minutes. Sec . 28-3-163. Stopping in freight curb loading zone. (1 ) No person shall stop a vehicle or permit the same to remain stopped for any purpose or length of time other• than for the expeditious loading and/or unloading of materials in any -7- place marked as a freight curb loading zone during the hours when the provisions applicable to such zones are in effect. Vehicles so using freight curb loading zones must have a city vehicle license plate fastened to the front of the vehicle as prescribed by city ordinance. In no case shall the stop for• loading and/or unloading of materials exceed thirty minutes . ( 2 ) The driver of a passenger vehicle may stop at a place marked as a freight curb loading zone for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere with any city licensed vehicle used for the transportation of materials which is waiting to enter or about to enter such zone ; provided , however, that said driver must remain with his vehicle. Sec . 28-3-164. Standing in restricted parking zones. No person shall stop, stand , or park a vehicle for any purpose or length of time in any restricted parking zone other than for the purpose to which parking in such zone is restricted , except that a driver of a passenger vehicle may stop temporarily in such zone for the purpose of and while actually engaged in unloading or unloading of passengers when such stopping does not interfere with any vehicle which is waiting to enter or about to enter the zone for the purpose of parking in accordance with the purposes to which parking is restricted and the driver must remain in the car . Sec . 28-3-1 65. Taxicab stands to be designated . The city -8- traffic engineer is hereby authorized and required to establish taxicab stands on such public streets in such places and in such manner as he shall determine to be of the greatest benefit and convenience to the public and every such taxicab stand shall be designated by appropriate sign or markings installed by the city traffic engineer . Sec . 28-3-1 66. Public carrier stands to be designated . The city traffic engineer is hereby authorized and required to establish bus and coach stops and stands for passenger common carrier vehicles other than taxicabs on such public streets in such places and in such number as he shall determine to be of the greatest benefit and convenience to the public, and every such bus and coach stop and stand for common carrier vehicles shall be designated by appropriate signs or markings installed by the city traffic engineer. Sec . 28-3-1 67. Parking of buses and taxicabs regulated . The driver of a bus or taxicab shall not park upon any street upon which parking is prohibited , restricted , limited as to time or• registered by parking meters, at any place other than at a bus stop or taxicab stand , respectively , except that this provision shall not prevent the driver of any such vehicle from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of and while actually engaged in loading or unloading passengers . Sec . 28-3-168. Restricted use of bus and taxi stands. No -9- person shall stand , stop or park a bus or coach, except for the express purpose of and while actually engaged in the loading or unloading of passengers, in a bus or coach stop, or shall any person stop, stand or park any vehicle other than a taxicab in a taxi stand , when such stand or stop has been officially designated and appropriately signed or marked . Sec . 28-3-169. Parking on sidewalk area prohibited . No person shall leave or cause to be left, or parked , any vehicle upon any portion of a street or highway between the curb lines or the lateral lines of a roadway and the adjacent property lines . Sec . 28-3-170. Residential parking lots owned by Salt Lake City. ( 1 ) No person, on the premises of any residential parking lot owned by Salt Lake City where a sign or signs are posted designating such residential parking lot as a parking lot of Salt Lake City Corporation, shall : (a) Park any vehicle continuously in excess of 72 hours; ( b) Park any boat, trailer or motor home ; ( c) Park any vehicle over 18 feet in length or 8 feet wide ; ( d) Abandon any vehicle; ( e) Make repairs on any vehicle ; or ( f) Park any vehicle thereon which does not bear a valid license plate and current Utah State inspection -1 0- sticker. ( 2 ) For the purpose of this section, the term "residential parking lot owned .by Salt Lake City" shall mean any area where vehicles may be left unattended upon any property Salt Lake City may have an ownership interest in and which has a sign or signs thereon stating that said area is a "Residential Parking Lot of Salt Lake City Corporation" . (3 ) Any vehicle found in violation of any of the foregoing prohibitions upon any residential parking lots owned by Salt Lake City is hereby declared to be a nuisance and may be summarily abated by removing any such vehicle by, or under the directions of, or at the request of , a police officer or other officer charged with enforcing the parking laws of Salt Lake City to a place of storage within the City by means of towing or otherwise , as provided in Section 284, Title 46 of the Traffic Code of these Revised Ordinances and the provisions of said section shall govern the disposition of any vehicle so impounded . Sec . 28-3-171 through 28-3-175. Reserved . SECTION 2. Section 46 -26-314, Revised Ordinances of Salt Lake City , Utah, be and the same hereby is amended to read : Sec . 46 -26-314. Unauthorized use of streets as nuisance . Any person receiving six or more notices of unauthorized use of streets within Salt Lake City pursuant to Title 28, Chapter 3, Revised Ordinances of Salt Lake City , 1965, within a 180 day period which have not been dismissed pursuant to Section 28-3- -11- 180 (4 ) , Revised Ordinances of Salt Lake City, shall be guilty of creating a nuisance . SECTION 3. That Sections 46-26-316 through 46-26-319, Revised Ordinances of Salt Lake City, Utah, be , and the same hereby are enacted to read as follows : 46-26-316. Towing and impounding vehicles with outstanding unauthorized use notices. ( 1 ) Any vehicle which has 6 or more notices of unauthorized use of streets within Salt Lake City within a 180 day period which have not been dismissed pursuant to Section 28-3-180 (4 ) Revised Ordinances of Salt Lake City shall be subject to immediate towing or impoundment by means of an immobilizing device . ( 2 ) Impoundment for delay of obtaining vehicle immobilization release. If the vehicle has been immobilized for a period of 24 hours, without arrangements being made for its release, it may be immediately impounded and towed and removed to a place of storage within the city by means of towing or otherwise . Sec . 46-26-317. Notice of impoundment of vehicles removed to place of storage ; sale for costs . ( 1) Upon calling for the impoundment of any vehicle under the provisions of this section, the impounding officer shall notify the police department of the make , model , and license number of the vehicle being impounded and the date , time and -1 2- location of the vehicle at the time of impoundment. (2 ) Preliminary notice of impoundment. Written notice that the said vehicle has been impounded shall be sent by certified mail to the owner of record and any recorded lien holder of said vehicle, as shown by the records of the motor vehicle division of the Utah State Tax Commission at the last known address as shown on said department' s records, within 48 hours, excluding weekends and holidays, of the impoundment of the vehicle. If the registration on said vehicle is from another state, a notice shall be sent to the Department of Motor Vehicles in such state , requesting such department to furnish the City with the name and address of the last known registered owner and an-• - ien holder of record . ( 3 ) Said notice shall inform the owner of the vehicle: ( a) that the vehicle has been impounded, the location of the vehicle, that impound and storage fees have been assessed and are accruing on a daily basis, and how the vehicle may be claimed . ( b) of the owner' s right to an administrative hearing to determine whether there was probable cause to impound the vehicle upon filing a written request with the city for such a hearing within ten ( 10 ) days after said owner has learned of the impound of such vehicle, or within ten ( 10 ) days after mailing of the date set in the notice, whichever occurs first. -13- ( c) that the vehicle shall be sold at public auction as provided by the ordinances of Salt Lake City , if the vehicle is not claimed by the owner, or the lien holder of record prior to said auction . (4 ) Notice of impending vehicle sale; manner of sale. If at the expiration of 15 days after mailing written notice provided for herein such vehicle is not redeemed by the owner, or owner' s agent, the Chief of Police or the Chief' s designee shall proceed to sell the same at public auction provided that notice of the auction is published not less than seven (7) days prior to said auction in a newspaper distributed in Salt Lake County. Said notice shall state ( a) the time and place of such auction, (b) describe the vehicle to be sold with reasonable certainty, ( c) the name ( if any) shown as owner on the records of the vehicle division of the State Tax Commission. If the name of the owner be unknown, said fact shall be stated. In addition , a copy of this notice, as published , shall be delivered to the owner of the place of storage. The Chief of Police of the Chief' s designee may accept or reject all bids for such vehicle, but upon acceptance , the vehicle must be sold to the highest bidder . ( 6 ) Disposition of sale proceeds. The money received from the sale of any such vehicle shall be applied first to the actual cost of towing and storage of such impounded vehicle, then to pay the actual cost of advertising the notice of sale , and the balance, if any , shall then be paid into the city treasury of -14- Salt Lake City to be used as hereinafter provided . At any time within one year, from, and after such sale, the former owner of the vehicle sold or recorded lien holder, upon application to the Mayor of Salt Lake City and upon presentation of satisfactory proof that he was the owner or lien holder of record of the vehicle sold , shall be paid the proceeds of such sale less the necessary expenses incurred as identified above. The check shall be made payable jointly to the owner and any recorded lien holder. ( 6 ) Records of impoundment. The police department or the department charged with enforcement of parking laws shall keep a record for three years from date of sale of all vehicles impounded by manufacturer' s name or make , body type , identification number and license number . It shall also keep records of the names and addresses of all persons claiming the same , together with such other descriptive matter as may identify such vehicles, the nature and circumstances of the impounding thereof , the violation for which such vehicles were impounded , the date of such impounding , and the name and address of any person to whom any such vehicle was released . Sec . 46 -26-318. Hearing . ( 1 ) A hearing requested pursuant to the provisions of Section 46-26-317 shall be conducted before a hearing examiner designated by the City within 48 hours of receipt of a written demand for such hearing , Saturdays , Sundays , and City holidays excepted , unless such person waives the right -1 5- to a speedy hearing . ( 2 ) The hearing proceedings shall be conducted in an informal manner and shall not be bound by the formal rules of evidence or procedure. The owner or owner' s agent shall be accorded the essential elements of due process of law, including notice, and an opportunity to be heard and defend the owner' s position . ( 3 ) The hearing examiner shall determine whether the City had probable cause to impound the vehicle in question . (4 ) At the conclusion of the hearing , the hearing examiner shall prepare a written decision and a copy of such decision shall be provided to the person requesting the hearing . The decision of the hearing examiner shall be final . Failure of the registered or legal owner, or the owner' s agent to request or attend such a scheduled post seizure hearing shall be deemed a waiver of the right at such hearing . (5 ) The hearing examiner shall determine whether there was probable cause to impound the vehicle, and in appropriate cases, whether fees and charges should be reduced in the interest of justice. In the event that the hearing examiner determines that the vehicle should be released without fees or with a reduction in fees, the hearing examiner shall prepare and date a written waiver of such fees. Copies of the waiver shall be furnished the vehicle owner or owner' s agent and the police department. The vehicle shall then be released to the owner or the owner' s agent , -1 6- in accordance with the terms of said waiver, or a voucher shall be authorized to reimburse the owner or owner' s agent for fees paid to recover said vehicle from impound . If the hearing examiner determines the impound was justified pursuant to city and state enactments, the owner or agent shall be responsible for the impound and storage fees accrued and accruing on said vehicle. Sec . 46-26-319. Release of impounded vehicles. Before the owner, or the owner' s agent or the lien holder of record shall be permitted to remove a vehicle which has been impounded , the owner shall : ( 1) Furnish satisfactory evidence to the police department or• department charged with enforcement of the parking laws of his identity and ownership or interest in said vehicle; (2) ( a ) Request and obtain from the police department or department charged with the enforcement of parking laws of Salt Lake City, a written Order of Release directed to the place of vehicle storage or to the parking enforcement office, if the vehicle has been immobilized. Said order of release shall be issued to said owner or owner' s agent or to the lien holder of record , upon : ( i) The payment of the towing fee, costs of the immobilizing device , storage fees and any other costs reasonably incurred from the date of said impounding or immobilization to the time of obtaining the order of -17- release ; or ( ii) Obtaining a waiver of fees after successfully petitioning the city to release said vehicle, without requirement of payment of impound , immobilizing or other costs and fees, or a reduction in said fees and costs as provided in Section 46-26-318. ( b) In the event a vehicle is not retrieved frcm the place of storage within 24 hours after a vehicle release has been issued , or within 24 hours of having been issued a waiver of fees by a hearing examiner, the owner shall be liable for all subsequent storage fees . ( 3 ) Sign a written receipt of said vehicle and deliver the same to the place of storage upon receiving said impounded vehicle. SECTION 3. This ordinance shall take effect upon its first publication . Passed by the City Council of Salt Lake City , Utah, this 3rd day of July 1986. CffA11RMAN ATTEST: Y RECORDER r' -18- Transmitted to Mayor on July 8, 1986 Mayor' s action: 7/8/8 Approved Vetoed AYOR ATTEST: CT RECORDER cm13 4 71318(p S EI ABa� .. .....5 6..of 19....�.».. Synopsis published July 6, 1986 Collection published July 16, 1986 s -19- Affidavit of Publication ADM 35A STATE OF UTAH, SS. County of Salt Lake ......................Sharon Payne................... ......... .............................. COR SYNOPJIS OF SALT LAKE Cpjy ONOINANCE s4 0 1986 The Solt Lake CRY Council,at th Being first duly sworn, deposes and says that he/she is July 3, to d meat)o a7ftrL on legal advertising clerk of the DESERET NEWS, a daily acting ordinance Sections Ufa through 28.3.171,of th028. R y.;sed newspaper printed in the English language with general Ordinances�t Salt 46.3141ot' circulation in Utah, and published in Salt Lake City, Lake vlsetl Ordinances of Salt Lake City11 and a^acting Sea Salt Lake County, in the State of Utah. dons 4d=24-3)d through 46.26• ,319 ,of th6 Revised Ordinances parking, Providing foe lhlegre. That the legal notice of which a copy is attached hereto numbering of cerfa sections In ,providing q time fromo ctions Inp nuisances and for I pdund• Corrected synposis of ordinance 56 of 1986 ment at vehicles which constl•tute nuisance tue of continued unauthorized ruse of streets within Salt Lake city. This ordinance renumbers cer-fain sections ............................................................................................. Provides of the existing law, Ing nuisances eyi nn hams regard• cedure for impoundment, pro• and release of vehicles andsloe ............................................................................................. r hearings relating to such Ifo Poundment, Copies of the ordlnonce are available for review in the City Recorders,O1fIRe, Room 311 City i regantl r r ou s ulldrng, dur-ng ulo bust s n� This ordinance ihdY{,takse eRed ............................................................................................. upon fir§t'pybllcotlon, PUBLISHED;July d,1986 REPUBLISHED:July 16,1986 was published in said newspaper on.................................. July 16, 1986 ................:.....:. =alAdvertising'Clerk`*' .......... ....... .... Subscribed and sworn to before me this .................22nd............................................ day of .. ..........July............................... A.D. 19..86.... : :. .:............................................. Notary Public My Commission Expires March 1, 1988 ....................... .............................. ljkL L*tr- OA SYNOPSIS OF SALT LAKE CITY ORDINANCE 56 of 1986 (PARKING) The Salt Lake City Council at its July 3, 1986 meeting adopted an ordinance repealing and re-enacting Sections 28-3-154 through 28-3-171, of the Revised Ordinances of Salt Lake City, and enacting Sections 46-26-316 through 46-26-319, of the Revised Ordinances of Salt Lake City; relating to parking; providing for the renumbering of certain sections and for impoundment of vehicles which constitute nuisance by virtue of continued unauthorized use of streets within Salt Lake City. This ordinance renumbers certain sections of the existing law and enacts a procedure for impoundment, sale and release of vehicles and for hearings relating to such impoundment. Copies of the ordinance are available for review in the City Recorder' s Office, Room 311 City and County Building, during regular business hours. This ordinance shall take effect unpon first publication. PUBLISHED: July 6, 1936 hyL � C Co!Z;,ECTEI) SYC:OPSIS OF SALT LAKE CITY ORDINANCE 56 of 1986 (PARKING) The Salt Lake City Council at its July 3, 1986 meeting adopted an ordinance repealing and re-enacting Sections 28-3-154 through 28-3-171, of the Revised Ordinances of Salt Lake City, amending Section an-A 314 of the Revised Ordinances of Salt Lake City, and enacting Sections 46-26-316 through 46-26-319, of the Revised Ordinances of Salt Lake City; relating to parking, providing for the renumbering of certain sections, providing a time frame regarding nuisances and for impoundment of vehicles which constitute nuisance by virtue of continued unauthorized use of streets within Salt Lake City. This ordinance renumbers certain sections of the existing law, provides a time frame regarding nuisances and enacts a procedure for impoundment, sale and release of vehicles and for hearings relating to such impound- ment. Copies of the ordinance are available for review in the City Recorder's Office, Room 311 City and County Building, during regular business hours. This ordinance shall take effect unpon first publication. PUBLISHED: July 6, 1986 REPUBLISHED: July 16, 1986