10-6-1: UNAUTHORIZED USE OF STREETS, LOTS AND OTHER AREAS:

   A.   Liable For Civil Penalty: Any person engaged 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 herein may be in addition to such other penalties as may be provided in this title.

   B.   Imposed: The "unauthorized use of streets" shall include violations of the following sections and civil penalties shall be imposed as follows, subject to the reductions for early payment authorized in subsection D of this section:

Section	Penalty
1. Overtime parking restrictions under the following sections and subsection of this title:	$105.00
10-3-11
10-5-4
10-5-6
10-5-7
10-5-26A3
2. Prohibited or restricted parking, except for overtime parking violations, under the following sections of this title:	115.00
10-3-11
10-5-1
10-5-2
10-5-3
10-5-5
10-5-6
10-5-7
10-5-8
10-5-10
10-5-11
10-5-12
10-5-13
10-5-14
10-5-15
10-5-18
10-5-19
10-5-20
10-5-21
10-5-22
10-5-23
10-5-24
10-5-25
10-5-27
3. Parking in vacant lots under section 10-5-28 of this title	115.00
4. Parking in front yards on residential property under section 10-5-29 of this title	115.00
5. Parking of improperly registered vehicle under subsection 10-7-8B of this title (upon showing proof of registration the penalty shall be reduced by $10.00)	115.00
6. Disabled persons parking violations under subsection 10-5-26B of this title	200.00

 

   C.   Date Of Notice Defined: As used in this section, "date of notice" means:

      1.   The date that a notice or civil citation is either:

         a.   Affixed to the vehicle alleged to have been employed in such authorized use, or

         b.   Personally delivered to the owner or driver thereof; or

      2.   Five (5) days after a notice or civil citation is mailed via first class mail, postage prepaid, to the registered owner of the vehicle alleged to have been employed in such authorized use at the address as shown in the registration records of the state of Utah.

   D.   Payment Reduction; Time Limits:

      1.   Any penalty that is paid within fifteen (15) days from the date of notice shall be reduced by the sum of eighty dollars ($80.00).

      2.   Any penalty that is paid after fifteen (15) days but within thirty (30) days from the date of notice shall be reduced by the sum of forty dollars ($40.00).

(1979 Code § 10.53.010; Ord. 94-60, 11-15-1994; amd. Ord. 95-7, 1-24-1995; Ord. 96-18, 4-23-1996; 1999 Code; Ord. 2004-47, 6-15-2004, eff. 7-1-2004; Ord. 2004-70, 9-21-2004; Ord. 2005-29, 5-24-2005; Ord. 2021-32, 7-6-2021)

10-6-2: STRICT LIABILITY OF OWNER:

Whenever any vehicle shall have been employed in the unauthorized use of streets, parking lots and other areas the person in whose name such vehicle is registered shall be strictly liable for such unauthorized use and the penalty therefor.

(1979 Code § 10.53.020; Ord. 94-60, 11-15-1994)

10-6-3: PARKING VIOLATION; OWNER'S RESPONSIBILITY:

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 civil penalty therefor.

(1979 Code § 10.53.040; Ord. 94-60, 11-15-1994)

10-6-4: APPEAL PROCEDURES:

   A.   Hearing Officers; Mayor Appoints: The mayor shall appoint such hearing officers as the mayor deems appropriate to consider matters relating to the unauthorized use of streets, parking lots or other areas as provided in this chapter.

   B.   Appearance and Hearing: Any person having received notice under section 10-6-1, or the owner of any vehicle employed in an unauthorized use, may appear before a hearing officer and present and contest the alleged unauthorized use. The hearing may either be conducted:

      1.   Informally, without reporting of the proceeding; or

      2.   By hearing conducted pursuant to title 4, chapter 4, article A of this code.

All applications for hearing pursuant to title 4, chapter 4, article A of this code shall be filed in writing in the city recorder’s office within ten (10) days of the date of notice and accompanied by the fee established in section 4-6-1 of this code.

   C.   Defense; Burden To Prove: The burden to prove any defense shall be upon the person raising such defense.

   D.   Dismissal; Defenses: If the hearing officer finds that no unauthorized use occurred or an unauthorized use occurred but one or more of the defenses set forth in this subsection is applicable, the hearing officer may dismiss the notice of unauthorized use and release the owner or driver from liability thereunder. Such defenses are:

      1.   At the time of the unauthorized use, possession of the subject vehicle had been acquired by a third party in violation of the criminal laws of the state;

      2.   Compliance with the subject ordinances would have presented an imminent and irreparable injury to persons or property;

      3.   Such other defense as may be approved by the city attorney’s office.

   E.   Reserved.

   F.   Agreement For Payment: If the hearing officer finds that an unauthorized use occurred and no applicable defense exists, the hearing officer 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.

   G.   Collection: If the penalty imposed pursuant to this chapter remains unsatisfied after forty (40) days from the date of notice, or ten (10) days from such date as may have been agreed to by the hearing officer, the city may use such lawful means as are available to collect such penalty, including court costs and attorney fees.

(1979 Code § 10.53.030; Ord. 94-60, 11-15-1994; amd. Ord. 2005-29, 5-24-2005; Ord. 2021-32, 7-6-2021)