Ordinance 15 of 2011

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Ordinance No. 15 of 2011

(Amending Sections 12.56.205 and 12.56.550, Salt Lake City Code, defining electric vehicle charging stations, limiting their use to electric vehicles being actively charged, and establishing a civil penalty for violations.)

An ordinance amending Sections 12.56.205 and 12.56.550, Salt Lake City Code, defining electric vehicle charging stations, limiting their use to electric vehicles being actively charged, imposing a two hour limit for use, and establishing a civil penalty for violations.

      WHEREAS, the Salt Lake City Council approved Ordinance No. 82 of 2005, enacting Section 12.56.205 of the Salt Lake City Code to encourage the use of alternative fuel, fuel efficient, and low polluting vehicles by permitting such vehicles to park for free at Salt Lake City parking meters. 

      WHEREAS, the use of these types of vehicles helps to improve air quality within the City and to reduce dependence on foreign oil, which is consistent with the City’s goal of creating a greener, more sustainable, and environmentally friendly city.

      WHEREAS, certain electric vehicles must be recharged regularly, and lack of charging stations outside of the vehicle owner’s home limit the range over which the vehicle may be used.

      WHEREAS, the City wishes to encourage the use of electric vehicles by providing charging stations within the City that may be used by multiple vehicles each day.

      NOW, THEREFORE, BE IT ORDAINED by the City Council of Salt Lake City, Utah, as follows:

      SECTION 1.  That the following sections of the Salt Lake City Code be amended as follows:

12.56.205: PARKING METERS; NO CHARGE FOR ALTERNATIVE FUEL, FUEL EFFICIENT AND LOW POLLUTING VEHICLES; ELECTRIC VEHICLE CHARGING STATIONS:

A. The following definitions shall apply to this section:

ALTERNATIVE FUEL: Propane, compressed natural gas, electricity, or any motor or special fuel that meets the clean fuel vehicle standards in the federal clean air act amendments of 1990, title II, as amended.

ALTERNATIVE FUEL VEHICLE: A vehicle with an engine powered full or part time by an alternative fuel.

CLEAN FUEL LICENSE PLATE: A special group license plate issued by the Utah department of motor vehicles as authorized by Utah code 41-1a-418, or its successor.

DIVISION: The city's transportation division.

ELECTRIC VEHICLE CHARGING STATION:  A parking stall equipped with an electrical outlet to charge electric vehicles. 
FUEL EFFICIENT VEHICLE: A vehicle that is powered by gasoline or diesel that achieves a city driving fuel efficiency of forty one (41) or more miles per gallon.

LOW POLLUTING VEHICLE: A vehicle that achieves an environmental protection agency (EPA) air pollution score of at least eight (8) on the EPA vehicle rating scale of zero to ten (10).

B. 1. The division shall issue a vehicle windshield sticker to all persons applying for such sticker who provide evidence acceptable to the division that the vehicle for which the sticker is desired is a "fuel efficient vehicle" or a "low polluting vehicle" as defined in subsection A of this section. Motorcycles and other vehicles that are not automobiles shall not be issued a sticker pursuant to this section.

2. The recipient of the sticker shall affix it only to the bottom of the driver's side of the rear window of the vehicle for which it is issued so that it is readily visible.

C. Parking meter spaces may be used without charge on all days of the week at all hours by vehicles properly displaying the sticker referred to in subsection B of this section or vehicles displaying a clean fuel license plate.

D. No person parking a vehicle without charge pursuant to this section shall park or permit such vehicle to remain parked in any parking meter space adjacent to a meter for a continuous period longer than that designated on the meter, nor shall they park in restricted spaces pursuant to section 12.56.180 of this chapter.

E. In assessing the evidence provided by an applicant for such sticker as set forth in subsection B1 of this section, the division may consider:

1. The fuel efficiency information for particular years and models of vehicles determined by the department of energy and the environmental protection agency as shown on their website at www.fueleconomy.gov or its successor website; and

2. The EPA's annual "Green Vehicle Guide" as found at the website www.epa.gov/greenvehicles or its successor website.

 F.  Use of electric vehicle charging stations is restricted to electric vehicles actively charging their battery at the provided electrical outlet.  The division may establish time limits for use of particular electric vehicle charging stations.  No person shall use an electric vehicle charging station for longer than the time period specified for that station.  Failure to comply with this provision will result in a civil penalty as set forth in Section 12.56.550 of this code.

12.56.550: UNAUTHORIZED USE OF STREETS, PARKING LOTS AND OTHER AREAS; PENALTIES:

A. Violation:

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: Civil penalties shall be imposed as follows:

Note:
1.With the exception of subsections 12.56.440A5 and A19.

C. Reduction Of Penalties: 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 one hundred ten dollars ($110.00).

2. Any penalty that is paid within twenty (20) days from the date of receipt of notice shall be reduced by the sum of seventy dollars ($70.00).

3. Any penalty that is paid within thirty (30) days from the date of receipt of notice shall be reduced by the sum of forty dollars ($40.00).

D. Receipt Of Notice: 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 forty five dollar ($45.00) administrative fee shall be assessed for the city's cost of collecting past due debts.

SECTION 2. This ordinance shall become effective upon first publication. 

      Passed by the City Council of Salt Lake City, Utah this 5^th day of April, 2011.

Bill No. 15 of 2011.

Published: April 16, 2011.