1st Sub.
H.B.
104
LOCAL HIGHWAY AUTHORITY REGULATORY POWERS
Senate Floor
Amendments
Amendment 6 March 6, 2012 4:55 PM
Senator Benjamin M. McAdams proposes the following amendments:
1. Page 1, Line 13
House Floor Amendments
2-24-2012 :
13 . provides definitions;
. provides that a local highway authority may adopt an ordinance that requires a ground
transportation vehicle to conform to state safety standards and reasonable annual appearance
requirements, in consultation with a transportation advisory board of the local highway authority;
2. Page 2, Line 32a
House Floor Amendments
2-24-2012 :
32a
{
H. 41-6a-214, as renumbered and amended by Laws of Utah 2005, Chapter 2 .H
}
3. Page 3, Line 87 through Page 4, Line 88 :
87 (t) prohibiting drivers of ambulances from exceeding maximum speed limits;
{
or
}
88 (u) adopting other traffic ordinances as specifically authorized by this chapter
; or
(v) adopting an ordinance that requires a ground transportation vehicle to conform to state safety standards and reasonable annual appearance requirements, in consultation with a transportation advisory board of the local highway authority
.
4. Page 4, Lines 97b through 97j
House Floor Amendments
2-24-2012 :
97b (ii) provides that a person must be issued at least three warning citations
{
within a
97c one-year period } before imposing a fine;
97d (iii) has the same fine structure as a parking violation;
97e (iv) provides for the safety of law enforcement personnel who enforce the
97f ordinance; and
97g (v) provides that the ordinance may
{
only
}
be enforced on
:
(A) public property; or
(B)
private property
{
or on a
97h
quasi-public road or parking area as defined in Section 41-6a-214 if the owner of the private97h
97i property requests, through written or electronic means, that the ordinance be enforced on the
97j private property }
that is open to the general public unless the private property owner:
(I) has a private business that has a drive-through service as a component of the private property owner's business operations and posts a sign provided by or acceptable to the local highway authority informing its customers and the public of the local highway authority's time limit for idling vehicle engines
; or .H
(II) adopts an idle reduction education policy approved by the local highway authority.
5. Page 4, Line 109a through Page 4a, Line 109r
House Floor Amendments
2-24-2012 :
109a
{
H. Section 2. Section 41-6A-214 is amended to read:109b 41-6a-214. Quasi-public roads and parking areas -- Local ordinances. 109c (1) As used in this section, "quasi-public road or parking area" means a privately owned and
109d maintained road or parking area that is generally held open for use of the public for purposes of
109e vehicular travel or parking.
109f (2) (a) [Any] Except as provided in Section 41-6a-208, any municipality or county may by
109g ordinance provide that a quasi-public road or parking area within the municipality or county is
109h subject to this chapter.
109i (b) An ordinance may not be enacted under this section without:
109j (i) a public hearing; and
109k (ii) the agreement of a majority of the owners of the quasi-public road or parking area
109l involved.
109m (3) This section:
109n (a) supercedes conflicting provisions under Section 41-6a-215;
109o (b) does not require a peace officer to patrol or enforce any provisions of this chapter on any
109p quasi-public road or parking area; or
109q (c) does not affect the duty of a peace officer to enforce those provisions of this chapter
109r applicable to private property other than under this section. .H }
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