Title 9 - PUBLIC PEACE, MORALS AND WELFARE
Part of the Code of Ordinances of South Salt Lake, UT.
The text
Chapters:
Chapter 9.04 - GENERAL PROVISIONS#
Sections:
9.04.010 - State statutes adopted by reference.#
A.
Title 76 of the Utah Code Annotated is adopted by reference as follows:
1.
Chapters 1 through 4 of Title 76 of the Utah Code Annotated, together with all future amendments and revisions, are adopted by reference in their entirety;
2.
Chapters 5 through 10 of Title 76 of the Utah Code Annotated, together with all future amendments and revisions, are adopted by reference to the extent that those chapters describe criminal violations which are classified therein as an infraction, a Class C misdemeanor, or a Class B misdemeanor.
B.
Chapters 37, 37a, 37b, 37c of Title 58 of the Utah Code Annotated, together with all future amendments and revisions, are adopted by reference to the extent that those chapters describe criminal violations which are classified as an infraction, a Class C misdemeanor, or a Class B misdemeanor.
C.
Chapter 12 of Title 32A of the Utah Code Annotated, together with all future amendments and revisions, is adopted by reference to the extent that the chapter describes criminal violations which are classified as an infraction, a Class C misdemeanor, or a Class B misdemeanor.
D.
Section 78-3a-19 of the Utah Code Annotated, pertaining to contributing to the delinquency of minors and defining and classifying offenses and providing a penalty therefor, together with all future amendments and revisions, is adopted by reference.
(Ord. 96-14 § 2—5)
9.04.020 - Failure to appear or comply.#
Any person who willfully fails to appear before a court or fails to satisfy court ordered punishment, including, but not limited to, fines, community service, or imprisonment, is deemed to be in contempt and guilty of a Class C misdemeanor regardless of the disposition of the charge upon which he was originally cited.
(Ord. 96-14 § 7)
9.04.030 - Victim impact fees.#
A.
In addition to any surcharge imposed by city ordinance or state law, a victim impact fee shall be paid on all criminal fines, penalties and forfeitures imposed by the city of South Salt Lake Justice Court for any offense described in subsection (B) of this section.
B.
A victim impact fee in an amount to be established in the consolidated fee schedule shall be imposed upon conviction of any crime against person or property as described under state law or municipal ordinance. Only one fee shall be assessed for multiple charges arising out of one single criminal episode.
C.
An impact fee shall not be assessed for conviction for traffic violations.
D.
The impact fee shall be assessed in addition to fines, other surcharges or imposition of court costs and no reduction may be made in the fine charged due to the imposition of the victim impact fee.
E.
The monies from the victim impact fees collected shall be used by the city to furnish a victim advocate program to victims of crime within the city's corporate limits.
(Ord. 2005-05)
Chapter 9.08 - OFFENSES AGAINST THE PERSON#
Sections:
9.08.010 - Combative conduct—Fighting.#
The following crime is to be incorporated into the Utah State criminal provisions adopted by reference in this title.
Combative Conduct—Fighting. Any assaultive act committed in a fight or scuffle entered into by mutual consent of the participants and resulting in no serious bodily injury is an infraction.
(Ord. 96-14 § 6)
9.08.020 - Domestic violence.#
A.
The city council of the city of South Salt Lake adopts by reference into ordinance, the Cohabitant Abuse Procedures Act, as adopted by the Utah State Legislature in 1990 with an effective date of October 1, 1990, and any and all subsequent amendments as may be passed by the Legislature from time to time.
B.
Penalty for Violation. Any violations of this section shall be a Class B misdemeanor as made and provided under Utah State Law.
(Ord. 233 § 2, 1991)
9.08.030 - Battery—Offensive touching.#
A.
A "battery" is the unlawful use of force or violence upon the person of another under circumstances not rising to the level of an assault, as defined in the Utah code. "Battery" includes spitting at or upon another person. It is unlawful for any person to intentionally or knowingly commit a battery within the limits of the city.
B.
Penalty for Violation. A person who intentionally or knowingly commits a battery shall be guilty of a Class C misdemeanor as made and provided under Utah State Law.
C.
Offensive Touching. If a person, under circumstances not amounting to a sexual battery, forcible sexual abuse or the other offenses enumerated in Utah's sexual battery statute, intentionally touches another person, whether or not through the clothing, with the intent to arouse or gratify the sexual desire of any person, and the actor's conduct is committed under circumstances that the actor knows or should know will likely cause affront or alarm to the person touched, then that person is guilty of a Class B misdemeanor as made and provided under Utah State Law.
(Ord. No. 2009-14, 12-2-2009)
Chapter 9.12 - OFFENSES RELATING TO PROPERTY#
Sections:
9.12.010 - Manufacture or possession of instruments for burglary or theft, vandalism, or destruction of property.#
Any person who manufactures or possesses any instrument, tool, device, article, or other thing adapted, designed, or commonly used in advancing or facilitating the commission of any offense under circumstances manifesting an intent to use, or knowledge that some person intends to use, the same in the commission of a burglary or theft, vandalism, or destruction of property is guilty of a Class B misdemeanor.
(Ord. 96-6 § 2)
9.12.020 - Graffiti removal.#
A.
The owner or tenant or any person in possession of or in control of real property who shall fail to remove any drawing, inscription or writing, commonly known as "graffiti," which was written or drawn so as to be seen by the public, within seven days after having been notified to do so, shall be guilty of a Class B misdemeanor.
B.
Each day that the offense continues after the notice has been given shall constitute a separate and distinct offense.
C.
The seven-day period shall be computed as seven calendar days beginning the day after the date of the notice and continuing seven calendar days thereafter.
D.
Nothing in this section shall supersede any other remedy provided by law, either civil, criminal or administrative.
(Ord. 258 § 1, 1993)
Chapter 9.16 - DISCHARGE OF FIREARMS#
Footnotes:
--- (1) --- Editor's note— Ord. No. 2014-20, adopted Sept. 3, 2014, amended Ch. 9.16 in its entirety, in effect repealing and reenacting said chapter to read as set out herein. The former Ch. 9.16, §§ 9.16.010—9.16.070, pertained to weapons and explosives and derived from Ord. No. 282, §§ 1—5, adopted in 1993; Ord. No. 97-16, § 2; and Ord. No. 2006-03.
9.16.010 - Definitions.#
"Firearm" means a pistol, revolver, shotgun, short-barreled shotgun, rifle or short-barreled rifle, or a device that could be used as a dangerous weapon from which is expelled a projectile by action of an explosion, whether produced by gunpowder, black powder or other fuels.
"Sworn law enforcement officer" means a United States marshal, a federal official authorized to carry a firearm, or a peace officer of this or any other jurisdiction.
(Ord. No. 2014-20, 9-3-2014)
9.16.020 - Discharge of firearms prohibited within city limits—Exceptions.#
A.
In cases not amounting to a violation of state law, it is unlawful to discharge any firearm within the city limits of the city of South Salt Lake, except:
1.
In self-defense, or defense of personal property as defined in Utah Code;
2.
In the case of any sworn law enforcement officer, in the performance of that officer's duty; or
3.
At a duly licensed shooting gallery or range.
B.
A violation of this section is a Class B misdemeanor.
(Ord. No. 2014-20, 9-3-2014)
Chapter 9.20 - OFFENSES BY OR AGAINST MINORS#
Sections:
9.20.010 - Distribution, promotion or public display of sex paraphernalia to a minor.#
A.
Definitions.
"Display publicly" means the exposing, placing, posting, exhibiting or in any fashion displaying in any location, whether public or private, an item in a manner that it may be readily seen and its contents or character distinguished by normal unaided vision viewing it from a public thoroughfare, place or vehicle.
"Distribute" means to transfer possession of, with or without consideration.
"Knowingly" means to have actual or constructive knowledge of the contents of the subject matter. A person has constructive knowledge if a reasonable inspection under the circumstances would have disclosed the nature of the subject matter or if the failure to inspect is for the purpose of avoiding such disclosure.
"Minor" means any unmarried person less than eighteen (18) years of age.
"Person" is not limited to individuals only but shall include public and private corporations, firms, joint associations, partnerships and the like. The word "person" as used in this section shall apply to a natural person and shall apply equally to the male and female genders.
"Promote" means to manufacture, issue, transmit, publish, circulate, disseminate, present, exhibit or advertise, or to offer to agree to do the same.
"Sex paraphernalia" means any inedible lubricant which is manufactured, promoted or designed to be used primarily for sexual stimulation, sexual arousal or the enhancing or prolonging of sexual activity.
"Sexual device" means any item, device or product, including but not limited to, a dildo, vibrator, artificial vagina, spanish fly, ben wa balls, pillow or other product shaped or made to resemble male or female genitals, buttocks or developed female breasts, edible underwear, flavored or unflavored edible body lotion or other substance designed for internal consumption, sado-masochistic device, or any other items, device or product manufactured, promoted or designed to be used primarily for sexual stimulation, sexual arousal or the enhancing or prolonging of sexual activity. "Sexual device" shall not mean "sex paraphernalia" as defined in this section and shall not mean any device, appliance or pill designed to be used primarily for contraception purposes and shall not mean movies, books, magazines or other communicative material protected by the First Amendment of the United States Constitution.
"Wilfully" means a purpose or willingness to commit the act or to omit the act required in this section.
B.
It is unlawful for any person to knowingly and wilfully distribute or furnish any sex paraphernalia to any minor. Each distribution to a minor shall constitute a separate offense. A person convicted under this section shall be fined not to exceed two hundred ninety-nine dollars ($299.00) or imprisoned in the county jail not to exceed six months, or both.
C.
It is unlawful for any person to knowingly and wilfully promote, display publicly, distribute or furnish any sexual device to any minor. Each promotion or distribution or each day during which any sexual device is displayed publicly to a minor shall constitute a separate offense. A person convicted under this section shall be fined not to exceed two hundred ninety-nine dollars ($299.00) or imprisoned in the county jail not to exceed six months, or both.
D.
This section does not prohibit any parent or legal guardian from distributing, promoting or displaying sex paraphernalia or a sexual device to his minor child or ward.
E.
In the event that any provision of this section is declared invalid for any reason, the remaining provisions shall remain in effect.
(Ord. 152 § 1, 1984)
9.20.020 - Curfew.#
A.
Purpose of Section. The city council of the city of South Salt Lake finds, due to a seemingly ever-increasing incidence of violence and other crime among juveniles in the city of South Salt Lake, being both drug-related and gang-related, that such crimes may be significantly inhibited and reduced by the enactment and enforcement of local laws establishing a curfew prohibiting juveniles from remaining idly and purposelessly on the public streets late at night.
B.
Definitions.
"Care and custody" means the legal authority of a parent or guardian to supervise or otherwise be responsible for a minor, or the express authority given from such parent or legal guardian of a minor to a responsible adult to supervise or otherwise be responsible for the activities and care of the minor.
"Emergency errand" means any errand or travel undertaken to directly and immediately seek to prevent or reduce the consequences of an illness or injury, criminal or potential criminal activity, or fire or other accident and shall include the seeking of aid and assistance from medical or emergency response personnel or the purchase of medications.
"Minor" means any unmarried, unemancipated person who is not a member of the armed forces of the United States and who is under the age of sixteen (16) years for the purposes of subsection C of this section or who is under the age of eighteen (18) years for the purpose of subsection D of this section.
"Public places" means any place open to the public, whether publicly or privately owned, including, but not limited to, parking lots and the interiors and exteriors of commercial establishments such as restaurants, stores or places of entertainment.
C.
Sixteen-Year-Old Curfew.
It is unlawful for any minor under the age of sixteen (16) years to remain or loiter upon any of the sidewalks, streets, alleys or public places in the city of South Salt Lake between the hours of eleven p.m. and five a.m. the following morning.
D.
Eighteen-Year-Old Curfew.
It is unlawful for any minor under the age of eighteen (18) years to remain or loiter upon any of the sidewalks, streets, alleys or public places in the city of South Salt Lake between the hours of one a.m. and five a.m.
E.
Parental Liability.
It is unlawful for any parent, guardian or other person having care and custody of any minor to knowingly allow or permit the minor to violate the provisions of this section.
F.
Business Liability.
No person owning or operating a business shall knowingly permit any minor to remain on the premises of such business in violation of the provisions of this section. This section, however, shall not apply to any minor who is lawfully employed on the premises.
G.
Exceptions.
The provision of this section shall not apply to any circumstances in which the minor is: 1.
Accompanied by a parent, guardian or other responsible adult having care and custody of such minor;
2.
Engaged in a legitimate trade, employment or occupation which requires the minor's presence in or on the sidewalks, streets, alleys or public places while working at or traveling to or from such employment;
3.
Engaged on an emergency errand directed by the minor's parent, guardian or other responsible person having care and custody;
4.
In a motor vehicle engaged in normal interstate travel beginning in, traveling through or ending in the city of South Salt Lake;
5.
Attending or engaged in traveling between the minor's home or place of residence and a place where any religious, municipal, social, entertainment, sporting, political, library or school function is occurring; or
6.
Within the immediate vicinity of the minor's place of residence.
H.
Enforcement.
1.
Any minor who is in violation of the provisions of this section is subject to arrest and citation.
2.
Upon arrest, the minor shall be returned to the custody of the parent, guardian or other person charged with the care and custody of the minor.
3.
It is unlawful for any parent, guardian or other person charged with the care and custody of a minor who is in violation of this section to knowingly refuse to appear and take custody of said minor within a reasonable time after being ordered to do so by a peace officer.
(Amended during 1994 codification; Ord. 259 § 2, 1993)
Chapter 9.24 - CONSUMPTION OF ALCOHOL IN PUBLIC PLACES#
Sections:
9.24.010 - Definitions.#
"Alcoholic Beverage" shall have the same meaning as "beer" and "liquor" as defined by Title 32B, Chapter 1, Section 102, Utah Code Annotated, as amended, or its successor.
"Open Bottle, Can, or Other Receptacle" means a container having within it an Alcoholic Beverage, which container has been opened, its seal broken, or the contents of which have been partially consumed.
"Public Place" means: 1.
Any park, playground, street, right-of-way, sidewalk, alley, publicly owned property, or state or county road within the City limits of South Salt Lake and which abuts upon:
a.
Any county or City property, or
b.
Any business required to have a license under this Code, except those businesses identified in a license issued by the City as authorizing the possession or consumption of alcohol, when there is conformance with the applicable license or permit restrictions or apartment houses as defined and licensed in accord with Title 5 of this Code;
2.
Boarded or abandoned commercial buildings;
3.
Vacant lots in areas zoned for commercial or manufacturing uses; or
4.
Any publicly owned building or publicly owned real property.
(Ord. 97-9 § 1 (part); Ord. 96-5 § 1 (part): prior code § 8B-3-8 (part))
(Ord. No. 2020-02, § I, 1-8-2020)
9.24.020 - Possession and Consumption in a Public Place.#
A.
Alcoholic Beverages are prohibited in all parks and playgrounds in the City of South Salt Lake.
B.
It is unlawful for any person to consume, or have in his possession any Open Bottle, Can, or Other Receptacle containing an Alcoholic Beverage within any Public Place in the City.
C.
Possession or consumption of an Alcoholic Beverage in a Public Place is not an offense under this Chapter if done in conjunction with a City-sponsored event when the appropriate City Special Event Permit and City single event alcoholic beverage license have been issued and all other applicable laws are complied with.
(Ord. 97-9 § 1 (part); Ord. 96-5 § 1 (part): prior code § 8B-3-8 (part))
(Ord. No. 2020-02, § I, 1-8-2020)
9.24.030 - Offense—Misdemeanor.#
An offense under this Chapter is a Class C misdemeanor.
(Ord. 97-9 § 1 (part); Ord. 96-5 § 1 (part): prior code § 8B-3-8 (part))
(Ord. No. 2020-02, § I, 1-8-2020)
Chapter 9.28 - CONTROLLED SUBSTANCES#
Sections:
9.28.010 - Definitions.#
For purposes of this chapter:
"Commencement of prosecution" means an arrest, issuance of a complaint, or indictment, whichever occurs first.
"Controlled substance precursor" means any substance or material defined as a controlled substance precursor by Utah Code Ann. 58-37c-3(2) or its successor.
"Controlled substances" means a drug, substance or immediate precursor as defined by Utah Code Ann. 58-37-2(1)(e) or its successor.
"Instrument" means any device, object, tool or equipment, including, but not limited to, cellular telephones, pagers, or address books, which are found by the trier of fact to be used in the distribution of controlled substances.
"Record" means any written or electronic listing, accounting, data storage, or assembly of information, including, but not limited to, telephone numbers, addresses, names or accounts, which are found by the trier of fact to be used in the distribution of controlled substances.
(Ord. 97-17 § 1 (part))
9.28.020 - Unlawful possession of instrument, record or money.#
It is unlawful for any person to possess any instrument, record, money or other representation of value used in advancing or facilitating the commission of any offense under circumstances manifesting an intent to use, or knowledge that some person intends to use, the same for the distribution of controlled substances, or in commission of any act prohibited by the Utah Controlled Substances Act, Utah Code Ann. Section 58-37-8, or its successor.
(Ord. 97-17 § 1 (part))
9.28.030 - Determination of prohibited instruments, records or money.#
In determining whether an object is an instrument, record, money or representation of value used in the distribution of controlled substances, the trier of fact should consider the totality of the circumstances and evidence, as well as: A.
Statements by an owner or by anyone in control of the object concerning its use;
B.
Prior convictions, if any, of an owner, or anyone in control of the object, under any state or federal law relating to a controlled substance;
C.
The proximity of the object, in time and space, to a direct violation of the Utah Controlled Substance Act;
D.
The proximity of the object to a controlled substance;
E.
The existence of any residue of a controlled substance on the object;
F.
Instructions or descriptive materials, whether oral or written, provided with the object concerning its use;
G.
Telephone numbers, addresses, or any otherwise relevant data written on, contained in, or otherwise accompanying the object;
H.
The manner in which the object is used;
I.
The existence and scope of legitimate uses of the object in the community; and
J.
Expert testimony concerning its use.
(Ord. 97-17 § 1 (part))
9.28.050 - Seizure, sale and disposition of instruments, records and money.#
A.
At the commencement of any prosecution for a violation of this chapter, any instrument, record, money or representation of value reasonably identifiable as having been used or intended for use in a violation of this chapter may be seized and shall be held pending the disposition of the proceedings. At the conclusion of the proceedings, any person who is found guilty of a violation of this chapter shall forfeit any instruments, records, money or other object held by the court. If the individual is found not guilty, or the instrument, record or money is found not to be related to a violation of this chapter, the property shall be returned to its lawful owner.
B.
All sums forfeited under this section shall be paid into the treasury of this city.
C.
All other items of value forfeited under this chapter may be sold for the best price obtainable. The proceeds from the sale shall be paid into the treasury of this city.
(Ord. 97-17 § 1 (part))