059 of 2013 - Enacting Chapter 2.85 pertaining to the nomination, appointment, and authority of constables 0 13-1
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SALT LAKE CITY ORDINANCE
No. 59 of 2013
(Enacting Chapter 2.85 pertaining to constables)
AN ORDINANCE ENACTING CI IAPTER 2.85, .SALT LAKE CITY CODE,
PERTAINING TO THE NOMINATION, APPOINTMENT, AND AUTHORITY OF
CONSTABLES.
WHEREAS, it is proposed that Chapter 2.85, Salt Lake City Code, be enacted pertaining
to the nomination, appointment, and authority of constables; and
WHEREAS, the City Council finds adoption of this ordinance reasonably furthers the
health, safety, and general welfare of the citizens of Salt Lake City.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Chapter 2.85, Salt Lake City Code, is enacted to read as follows:
Chapter 2.85
CONSTABLES
2.85.010: NOMINATION; APPOINTMENT; AUTHORITY:
A. The city council shall determine whether to appoint constables. If the city
council decides to appoint constables, they shall be nominated and appointed under this
chapter, consistent with the provisions of sections 17-25a-l to 17-25a-4 of the Utah
Code, or its successor.
B. To nominate a constable, the city council shall establish a nominating
commission.
1. The nominating commission shall consist of one member of the city
council, one judge, the city attorney, the chief of police, or their designees, and
one private citizen.
a. Appointment of a city council member to the nominating
commission shall be made by the city council.
b. Appointment of a judge and a private citizen to the nominating
commission shall be made by the mayor with the advice and consent of
the city council.
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2. The nominating commission shall review each applicant's credentials
and recommend, by majority vote, to the city council the nominees it finds most
qualified.
C. The city council shall either appoint or reject any nominee.
D. The authority of a constable may be withdrawn by the city council for cause,
including if the constable's peace officer certification is suspended or revoked under
Section 53-6-21 1, Utah Code, or its successor.
2.85.020: CONSTABLE QUALIFICATIONS; DUTIES:
A. To qualify as a constable, a person shall be certified as a special function peace
officer in the state.
B. A constable shall:
1. Avoid all conflicts of interest; and
2. Maintain a public office and be accessible to the public and to the court
during the hours the court is open.
2.85.030: CONSTABLE TERM; AUTHORITY; DEPUTIES:
A. Constables shall be appointed for a term of four years and may serve more than
one term if reappointed as provided in this chapter.
B. I. Constables serving process outside Salt Lake County shall contact the
sheriffs office or police department of the jurisdiction prior to serving executions
or seizing any property.
2. A constable or deputy constable shall notify the agency of jurisdiction
by contacting the sheriffs office or police department of the jurisdiction before
serving a warrant of arrest.
C. The city council, upon receiving a recommendation from the mayor, may
authorize the appointed constable to employ and deputize persons who are certified as
special function peace officers to function as deputy constables.
D. The city council, upon receiving a recommendation from the mayor, may
withdraw the authority of a constable. In such case, the authority of all deputy constables
is also withdrawn.
E. If the authority of a constable or deputy constable is withdrawn; notification of
the Peace Officer Standards and Training Division of the Department of Public Safety
shall be made pursuant to Section 53-6-209, Utah Code, or its successor.
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2.85.040: RATES RECOVERABLE; EXCEPTION:
A. The rates recoverable through court action for service of process by a constable
are, when applicable, governed by Sections 17-22-2.5, 17-25-3, or 17-25-5, Utah Code,
or their successors.
B. Constable fees that exceed the amounts in Section 17-22-2.5, Utah Code, or its
successor, are recoverable in court:
1. By the constable only if the constable has received prior approval for
the increased fee from the party requesting the service; and
2. By a prevailing party as a cost of the action only if the court finds the
service and increased fee are justifiable.
SECTION 2. This ordinance shall become effective on the date of its first publication.
Passed by the City Council of Salt Lake City, Utah this15;day ofOctobe,r2013.
CHAIR
ATTEST:
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CITY RECORDER
Transmitted to Mayor on October 17, 2013
Mayor's Action: Approved. Vetoed.
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APPROVED AS TO ORM
Bill No. 59 of 2013. 2.1(41
Published: 11-9-13 Date: l D —/r/y Chapter 2.85(clean 09-20-I3).docx
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