3.32.010: SHORT TITLE:

This chapter shall be known as the NO FAULT GOLF CLAIMS ORDINANCE. (Ord. 87-86 § 1, 1986: prior code § 27-10-1)

3.32.020: PURPOSE:

It is the purpose of this chapter to compensate persons for loss sustained as the result of damages from a golf ball hit from a city owned golf course, regardless of fault, within the restrictions, limitations and other provisions of this chapter. (Ord. 87-86 § 1, 1986: prior code § 27-10-2)

3.32.030: DEFINITIONS:

Unless the context specifically indicates otherwise, the following terms and phrases, as used in this chapter, shall have the meanings hereinafter designated:

CITY: The Salt Lake City Corporation, a political subdivision of the state.

CITY ATTORNEY: The city attorney or his designee.

PERSON OR APPLICANT: Any individual, partnership, copartnership, firm, company, corporation, association, joint stock company, trust, estate or any other legal entity (except the United States government or any of its agencies, the state and any of its political subdivisions) or their legal representatives, agents or assigns.

POLITICAL SUBDIVISION: Any political subdivision of the state, including state departments and agencies, cities, towns, counties and school districts. (Ord. 87-86 § 1, 1986: prior code § 27-10-3)

3.32.040: ADMINISTRATION AND ESTABLISHMENT OF REGULATIONS:

The director may establish regulations sufficient to provide for the handling of such claims and disbursement of those funds which are set aside for payment of claims under this chapter. (Ord. 87-86 § 1, 1986: prior code § 27-10-9)

3.32.050: REIMBURSEMENT; APPLICATION; TIME LIMITATIONS:

All applications for reimbursement under this chapter must be submitted to the city recorder within ninety (90) days after the incident occurs. (Ord. 87-86 § 1, 1986: prior code § 27-10-4)

3.32.060: APPLICATION; INVESTIGATION AND RECOMMENDATION:

Applications received by the city recorder shall be referred to the department of public lands for investigation and recommendation. The department's report shall be forwarded to the city attorney for determination under the criteria of this chapter. All payments authorized by the city attorney shall be made by the director of the department of public lands solely from funds to be set aside under this chapter. (Ord. 31-21, 2021: Ord. 45-93 § 18, 1993: Ord. 87-86 § 1, 1986: prior code § 27-10-5)

3.32.070: CRITERIA FOR PAYMENT:

   A.   The determination as to whether to make payment for loss under this chapter shall be based on the following criteria:

      1.   Whether an eligible applicant suffered an otherwise uninsured property loss, caused by a golf ball hit from a city owned golf course, under circumstances where the applicant acted responsibly to avoid the loss; and

      2.   If so, whether the extent of the loss has been adequately substantiated;

      3.   If there is an unencumbered balance from which to draw.

   B.   The following shall result in the denial of an application:

      1.   Application not timely submitted;

      2.   Loss fully covered by private insurance;

      3.   Applicant ineligible under the terms of this chapter;

      4.   Loss caused by irresponsible act of the applicant, applicant's agent, or member of applicant's business or household;

      5.   Loss or eligibility unsubstantiated.

   C.   The following shall result in reduction of payment:

      1.   Loss partially covered by private insurance;

      2.   Loss exceeds funding limits of this chapter;

      3.   Verification of loss inadequate or incomplete;

      4.   Applicant did not cause the problem but failed to act responsibly to minimize the loss. (Ord. 87-86 § 1, 1986: prior code § 27-10-7)

3.32.080: MAXIMUM PAYMENTS:

No payment under this chapter shall exceed any of the following:

   A.   Three hundred dollars ($300.00), per application or location;

   B.   One thousand dollars ($1,000.00) per incident;

   C.   The maximum funding limit of ten thousand dollars ($10,000.00) per calendar year for this fund regardless of number of claims involved. (Ord. 87-86 § 1, 1986: prior code § 27-10-6)

3.32.090: PAYMENT DOES NOT IMPLY LIABILITY:

   A.   Any payment made under this chapter shall not be construed as an admission of nor does it imply any negligence or responsibility on the part of the city for such damage. Any payment made under this chapter is strictly voluntary on the part of the city.

   B.   This chapter shall not in any way supersede, change or abrogate the state governmental immunity act, Utah Code Annotated, section 63-30-1 et seq., as amended, or its successor, and its application to the city, or establish in any person a right to sue the city under this chapter.

   C.   Any payment made under this chapter and accepted shall constitute a full and complete release of any and all claims against the city, its officers, employees and agents arising from the incident. (Ord. 87-86 § 1, 1986: prior code § 27-10-10)