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S.B. 56 Enrolled

    

SCHOOL BUS PARKING ZONES

    
1997 GENERAL SESSION

    
STATE OF UTAH

    
Sponsor: Ed P. Mayne

    AN ACT RELATING TO MOTOR VEHICLES; AMENDING CERTAIN PARKING
    ENFORCEMENT PROVISIONS; ESTABLISHING UNIFORM SCHOOL BUS
    PARKING ZONES; REQUIRING RULEMAKING; AND PROVIDING PENALTIES.
    This act affects sections of Utah Code Annotated 1953 as follows:
    AMENDS:
         41-1a-414, as last amended by Chapter 104, Laws of Utah 1994
         77-7-18, as last amended by Chapters 7 and 104, Laws of Utah 1994
    ENACTS:
         41-6-19.5, Utah Code Annotated 1953
         41-6-103.5, Utah Code Annotated 1953
    Be it enacted by the Legislature of the state of Utah:
        Section 1. Section 41-1a-414 is amended to read:
         41-1a-414. Parking privileges for persons with disabilities.
        (1) Except in parking areas designated for emergency use, a person with a disability,
    qualifying under rules made in accordance with Section 41-1a-408, may park an appropriately
    marked vehicle for reasonable periods without charge in metered parking zones and restricted
    parking areas, in a manner that allows proper access to the vehicle by the person with a disability.
        (2) Only those vehicles carrying a person with a disability special group license plate,
    temporary removable windshield placard, or removable windshield placard and transporting a
    qualifying person with a disability may park in an accessible parking space that is clearly identified
    as reserved for use by the person with a disability.
        (3) This section applies to and may be enforced on public property and on private property
    that is used or intended for use by the public.
        (4) The parking privileges granted by this section also apply to vehicles displaying a
    person with a disability special group license plate, temporary removable windshield placard, or


    removable windshield placard issued by another jurisdiction if displayed on a vehicle being used by
    a person with a disability.
        [(5) (a) Any law enforcement agency authorized to enforce parking laws in this state may
    appoint volunteers to issue citations for violations of Subsections (2) and (3) or of any city or county
    accessible parking privileges ordinance for persons with disabilities.]
        [(b) A volunteer appointed under this subsection must be at least 21 years of age.]
        [(c) The law enforcement agency appointing a volunteer may establish any other
    qualification for the volunteer that the agency finds desirable.]
        [(d) A volunteer may not issue citations until the volunteer has received training from the
    appointing law enforcement agency.]
        [(e) A citation issued by a volunteer under this subsection has the same force and effect as
    a citation issued by a peace officer for the same offense.]
        Section 2. Section 41-6-19.5 is enacted to read:
         41-6-19.5. Volunteers may be authorized to enforce certain parking provisions.
        (1) Any law enforcement agency authorized to enforce parking laws in this state may appoint
    volunteers to issue citations for violations of:
        (a) the provisions of Subsections 41-1a-414(2) and (3) related to parking for a person with
    a disability;
        (b) any municipal or county accessible parking privileges ordinance for a person with a
    disability; or
        (c) the provisions of Subsection 41-6-103.5(4) related to parking in a school bus parking
    zone.
        (2) A volunteer appointed under this section must be at least 21 years of age.
        (3) The law enforcement agency appointing a volunteer may establish any other qualification
    for the volunteer that the agency finds desirable.
        (4) A volunteer may not issue citations until the volunteer has received training from the
    appointing law enforcement agency.
        (5) A citation issued by a volunteer under this section has the same force and effect as a

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    citation issued by a peace officer for the same offense.
        Section 3. Section 41-6-103.5 is enacted to read:
         41-6-103.5. School bus parking zones -- Establishment -- Uniform markings -- Penalty.
        (1) As used in this section, "school bus parking zone" means a parking space that is clearly
    identified as reserved for use by a school bus.
        (2) The Department of Transportation for state highways, local authorities for highways
    under their jurisdiction, and school boards for roadways located on school property may establish
    and locate school bus parking zones in accordance with specifications established under Subsection
    (3).
        (3) In accordance with Title 63, Chapter 46a, Utah Administrative Rulemaking Act, the
    Department of Transportation, after consultation with local authorities and school boards which may
    include input from School Traffic Safety Committees established under Section 53A-3-402, shall
    make rules establishing specifications for uniform signage or markings to clearly identify school bus
    parking zones.
        (4) A person may not stop, stand, or park a vehicle other than a school bus, whether occupied
    or not, in a clearly identified school bus parking zone.
        (5) A person who violates Subsection (4) shall pay a minimum fine of $50.
        Section 4. Section 77-7-18 is amended to read:
         77-7-18. Citation on misdemeanor or infraction charge.
        A peace officer, in lieu of taking a person into custody, any public official of any county or
    municipality charged with the enforcement of the law, a port-of-entry agent as defined in Section
    27-12-2, and a volunteer authorized to issue a citation under Section [41-1a-414] 41-6-19.5 may
    issue and deliver a citation requiring any person subject to arrest or prosecution on a misdemeanor
    or infraction charge to appear at the court of the magistrate before whom the person should be taken
    pursuant to law if the person had been arrested.

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