Ordinance 10 of 2019

Click here to view entire ordinance

SALT LAKE CITY ORDINANCE

No. 10 of 2019

(Amending Title 16 Airports)

         An ordinance amending Sections 16.60.065, 16.64.027, 16.64.030, and 16.64.060 of the Salt Lake City Code relating to Motor Vehicle Operation and Violation, Penalty and Enforcement.

         WHEREAS, city desires to amend Salt Lake City Code section 16.60.065 to clarify the allowed uses of airport parking lots; and

         WHEREAS, Salt Lake City Code section 16.64.025 provides that any person guilty of violating any provision of Salt Lake City Code Title 16 is guilty of a class B misdemeanor, except the violation of certain sections of Title 16 set forth in Salt Lake City Code section 16.64.030, which violations are civil violations; and

         WHEREAS, city desires to amend Salt Lake City Code section 16.64.030 to include violations of Salt Lake City Code sections 16.12.060 and 16.12.080 as civil violations rather than class B misdemeanors; and

WHEREAS, city desires to amend Salt Lake City Code section 16.64.060, relating to a hearing on an expedited appeal for exclusion from pursuing commercial activities at the airport, to make such appeal committee available for any expedited appeal of exclusion.

         NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah that:

SECTION 1. Section 16.60.065 of the Salt Lake City Code, relating to Parking Areas, is amended to read as follows:

16.60.065: PARKING AREAS:

A. Parking areas for motor vehicles shall be set aside for airport employee parking and general public parking. No person shall park a motor vehicle or a trailer in any place on the airport other than those areas designated by the department director or as expressly set forth in this title. No person shall park a vehicle in or use an area designated as an employee parking lot unless such person has complied with all rules and regulations, and other requirements for employee parking as established by the department.

B. Tenants of T-hangars and shade hangars may park their motor vehicles in their own hangars when the aircraft is being flown, or in front of their hangar if they are present. Service or delivery vehicles may park next to a tenant's hangar long enough for delivery. All others shall park in public lots.

C. No person shall park a motor vehicle on the airport in excess of seventy two (72) consecutive hours unless it is parked in the public parking area or with the authorization of the airport.

D. No person shall park a motor vehicle in an area designated as a public parking lot unless such person pays the authorized rate for such parking lots. A schedule of parking rates shall be available in the airport office of finance and administration. No person shall use an area designated as a public parking lot for any primary or ancillary commercial or revenue producing purpose without written permission from the department. Each hour of use in violation of this section shall be a separate offence.

SECTION 2. Section 16.64.027 of the Salt Lake City Code, relating to Issuance of a Civil Notice of Ground Transportation Violation, is amended to read as follows.

16.64.027: ISSUANCE OF A CIVIL NOTICE OF VIOLATION:

A. Every notice issued under this chapter shall be issued in the form of a written civil notice and shall contain a statement that the named party may appeal the imposition of the penalty and provide information regarding how to appeal.

B. Any driver, vehicle owner, or business that violates any provision of this chapter may be named in a civil notice issued by the city. A violation of any provision of this chapter by any driver or vehicle owner shall also constitute a violation of such provision by the business under whose authority such driver or owner was operating at the time of the violation.

SECTION 3. Section 16.64.030 of the Salt Lake City Code, relating to Civil Penalties and Enforcement, is amended to read as follows.

16.64.030: CIVIL PENALTIES AND ENFORCEMENT:

A.  Any person or entity in violation of this title, department rules and regulations, or other applicable law is subject to civil penalties and any other lawful action as may be taken by the department director to ensure the safe and effective operations of the airport.

B.  The city may revoke, suspend, or deny renewal of a city business license to operate a business for violation of any provision of this title, department rules and regulations, or other applicable law as provided under title 5, chapter 5.02 of this code.

C.  The department may revoke, suspend or deny renewal of an operator's badge, department automated vehicle identification tag, or department inspection seal for violation of any provision of this title, department rules and regulations, or other applicable law. The person or business affected may request, in writing filed with the department, an appeal hearing before the ground transportation appeal committee. Any such revocation, suspension or denial of renewal shall remain in effect until the party against whom such action is taken requests reinstatement, and the ground transportation appeal committee determines that reinstatement is appropriate.

D.  If any named party fails to comply with civil penalties imposed under this chapter, such party may be subject to suspension, revocation, or nonrenewal of a city license to operate a business, operator's badge, department automated vehicle identification tag and department inspection seal.

E.   Civil penalties may be imposed as set forth below. The named party in the civil notice shall be liable for a civil penalty. Any penalty assessed in connection with this section may be in addition to any other penalty that may be imposed by law or department rules and regulations.

F.   Violations of the following shall constitute civil violations and be subject to the following penalties:

SECTION 4. Section 16.64.060 of the Salt Lake City Code, relating to Expedited Appeal of Exclusion, is amended to read as follows.

16.64.060: EXPEDITED APPEAL OF EXCLUSION:

Any named party who is excluded from pursuing commercial activities under this chapter, and has not had a hearing before an appeal committee regarding such exclusion as provided for in this chapter, may request an expedited appeal of the action that resulted in such exclusion. Such appeal shall be requested in writing by the party so excluded to the department. The department shall promptly investigate the facts relating to such exclusion. If the evidence indicates such exclusion is improper under this chapter, the department director may reverse the action that resulted in such exclusion. If the department director does not reverse such action, the action resulting in such exclusion shall be heard and determined by an appeal committee in accordance with the provisions of this chapter. If a preponderance of the evidence indicates such exclusion is proper under this chapter the appeal hearing committee shall uphold such exclusion.

SECTION 5. This ordinance shall take effect ninety days after passage.

         Passed by the City Council of Salt Lake City, Utah, this 5^th day of March, 2019.

Bill No. 10 of 2019.

Published: March 19, 2019.