1st Sub. H.B. 104
         LOCAL HIGHWAY AUTHORITY REGULATORY POWERS

House Floor Amendments

Amendment 2 February 23, 2012 3:02 PM



Representative James A. Dunnigan proposes the following amendments:

1.    Page 1, Lines 14 through 16 :    

             14          .    prohibits a local highway authority from enacting an ordinance that prohibits or
             15      restricts an owner or operator of a vehicle from causing or permitting the vehicle's
             16      engine to idle
  unless the ordinance meets certain requirements       ;


2.    Page 2, Lines 31 through 32 :    

             31      AMENDS:
             32          41-6a-208, as last amended by Laws of Utah 2006, Chapter 337
      41-6a-214, as renumbered and amended by Laws of Utah 2005, Chapter 2      


3.    Page 4, Lines 96 through 97 :    

             96          (c) enact an ordinance that prohibits or restricts an owner or operator of a vehicle from
             97      causing or permitting the vehicle's engine to idle
{   ; or   }        unless the ordinance:

    (i) is primarily educational;
    (ii) provides that a person must be issued at least three warning citations within a one-year period before imposing a fine;
    (iii) has the same fine structure as a parking violation;
    (iv) provides for the safety of law enforcement personnel who enforce the ordinance; and
    (v) provides that the ordinance may only be enforced on private property or on a quasi-public road or parking area as defined in Section 41-6a-214 if the owner of the private property requests, through written or electronic means, that the ordinance be enforced on the private property; or  


4.    Page 4, Lines 108 through 109 :    

             108          (5) An ordinance enacted by a local highway authority that violates Subsection (3) is
             109      not effective.
    
  Section 2. Section 41-6A-214 is amended to read:      

     41-6a-214 .   Quasi-public roads and parking areas -- Local ordinances.
     (1) As used in this section, "quasi-public road or parking area" means a privately owned and maintained road or parking area that is generally held open for use of the public for purposes of vehicular travel or parking.
     (2) (a)
{   Any   }        Except as provided in Section 41-6a-208, any       municipality or county may by ordinance provide that a quasi-public road or parking area within the municipality or county is subject to this

chapter.


     (b) An ordinance may not be enacted under this section without:
     (i) a public hearing; and
     (ii) the agreement of a majority of the owners of the quasi-public road or parking area involved.
     (3) This section:
     (a) supercedes conflicting provisions under Section 41-6a-215 ;
     (b) does not require a peace officer to patrol or enforce any provisions of this chapter on any quasi-public road or parking area; or
     (c) does not affect the duty of a peace officer to enforce those provisions of this chapter applicable to private property other than under this section.

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