ORDINANCE NO. O-2017-0005

AN ORDINANCE AMENDING VARIOUS CHAPTERS OF THE OREM CITY CODE TO COMPLY WITH CHANGES TO UTAH LAW, CHANGES TO THE CITY’S ORGANIZATIONAL STRUCTURE AND OTHER OPERATIONAL CHANGES

WHEREAS it is necessary for the City to amend various chapters of the City Code to accurately reflect changes and modifications in state law; and

WHEREAS changes to the City’s organizational structure and job classifications need to be updated; and

WHEREAS the Storm Water Utility ordinance needs to be amended to reflect current operational standards and requirements; and

WHEREAS the City Council finds the proposed amendments to be in the best interest of the City and necessary to protect, preserve the health, welfare and safety of citizens in general; and

WHEREAS the matter having been submitted and the City Council having fully considered the request as it relates to the health, safety, and general welfare of the City,

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OREM, UTAH, as follows:

1. The City Council hereby amends the following chapters, articles, and sections of the Orem City Code to read and be numbered as follows and as underlined (any portions of the Orem City Code that are not specifically amended by this ordinance shall remain in full force and effect as currently written):

Article 2-16. CARE TAX ADVISORY COMMISSION [change to title only]

2-26-7. Employees Eligible to Appeal to Board

Only full-time, part-time benefitted and supplemental probationary employees (as defined by City policy) shall have the right to appeal to the Board. Probationary employees, non-benefitted part-time or variable hour employees, flexible employees, seasonal employees, trainee employees, and executive management employees (as defined by City policy) are not eligible to appeal to the Board.

2-30-3. Definitions

Chronological log means a regular and customary summary record of law enforcement agencies and other public safety agencies that show the time and general nature of police, fire, and paramedic calls made and any arrests or jail bookings made by the Police Department or the Fire Department; [all previous and subsequent definitions remain unchanged]

2-30-9.36. Records provided by any pawn or secondhand business to the Police Department or to the central database in compliance with Title 13, Chapter 32a, Pawnshop and Secondhand Merchandise Transaction Information Act;

2-31-4. Order of Succession for City Manager.

If the City Manager is unavailable, the individuals listed below may, in the order named, act as the temporary interim successor to the City Manager and exercise the powers and duties of the City Manager:

A. Assistant City Manager

B. City Attorney

C. Development Services Director

D. Chief of Police

E. Director of Administrative Services

F. Director of Recreation

G. Director of Public Works

H. Fire Chief

I. Director of Library

3-1-2 Definitions.

Local consent means a written document issued by the City of Orem Chief of Police to an applicant for a State license, signifying that the City has no objection to the issuance of a State license and that such issuance is in compliance with applicable City ordinances. [all previous and subsequent definitions to remain unchanged]

3-2-5. Class D License, single event beer permit.

A. The City may issue a single event permit to a bona fide incorporated association, corporation, church or political organization, or to a recognized subordinate lodge, chapter, or other local unit thereof that is conducting a convention, civic or community enterprise. A single event permit shall allow the permittee to sell beer in the original containers only upon the licensed premises and during such time as the Chief of Police, upon application may designate. The permit period shall not exceed seventy-two hours. A Class D licensee shall comply with the provisions of the Alcoholic Beverage Control Act and applicable City ordinances.

B. The six hundred foot and two hundred foot proximity limitations to educational, religious, and recreational facilities do not apply to single event permits. Nothing in this section, however, prevents the Chief of Police from considering the proximity of any educational, religious, or recreational facility, or any other relevant factor in deciding whether to grant a single event permit.

3-2-8. Licensing procedure. All applications for a City license authorized by this Chapter or for local consent shall be submitted to the Police Department. The Chief of Police shall have authority to grant licenses and local consent.

3-2-10. Investigation of license applicants by the Police Department. The Police Department shall review all applications and conduct an investigation into the background and character of each applicant.

3-2-13. Denial of license. If, on an application for a license or local consent, the Chief of Police finds that any applicant does not meet the requirements of or is disqualified under any section of this Article, or is not suitable for a license due to previous problems with compliance with laws controlling alcoholic beverages, or if he or she finds that the application is deficient in any way or any of the facts provided thereon are false, he or she shall deny the application. The City also reserves the right to deny any application for a license or local consent if the Chief of Police determines that the issuance of a license or local consent would be contrary to the public health, safety or welfare.

3-2-14. Appeal of denial. Should the Chief of Police deny a license or local consent, the applicant may appeal to the City Manager. The applicant must file a written appeal with the City Manager within ten (10) days of receiving the written decision by the Chief of Police, and must pay an appeal fee as established by resolution of the City Council.

3-2-16.B. The Chief of Police or his/her designated representative shall conduct hearings requested by licensees. Hearings shall be conducted informally. Formal rules of evidence and court procedure shall not apply. Because the hearings are administrative in nature, hearsay is admissible, but evidence must have some probative weight and reliability to be admitted. The existence of a violation must be established by a preponderance of the evidence. The Chief of Police or his/her designated representative shall consider all of the evidence presented at the hearing and shall render a decision which shall be supported by written findings.

3-2-17. Appeal to the City Manager. The Chief of Police’s decision may be appealed to the City Manager by filing a written request for an appeal hearing with the City Manager's office within ten (10) business days of the date of the decision rendered in the initial hearing. If no request for an appeal hearing is made within the ten day period, the decision rendered in the initial hearing shall be considered final. The appeal hearing shall be conducted by the City Manager or his/her designated representative. The City Manager or his/her designated representative shall affirm, reverse, or modify the decision rendered in the initial hearing and the action taken in the appeal hearing shall be final. Appeal hearings shall be conducted in the same manner as initial hearings as described in section 3-2-16.

3-2-22. Duty to report change in ownership or management.

If, during the term of any license, there is any change in the personnel of the licensee who are directly involved in or responsible for the operation and/or management of the establishment to which the license applies, the licensee shall immediately report such change in writing to the Chief of Police.

3-2-23. Licenses not transferable; expiration of license upon change of ownership; partial refund of fees.

Licenses issued under this Chapter may not be transferred from one location to another or from one person to another. All licenses issued under this Chapter shall automatically expire upon the change of ownership of a licensee or upon the attempted transfer of a license from one location to another or from one person to another person. Licenses issued pursuant to this Chapter shall have no monetary value for the purpose of any kind of disposition. A license fee may be refunded after a license has been issued and thereafter canceled on request of the licensee, except that no part of the fee for the quarter period during which the application for refund is made shall be refunded. Any refund shall be based upon good cause being shown therefor as determined by the Chief of Police and subject to review by the City Council after examination of all facts and conditions relative to the application for refund. For any amount refunded there shall be charged a sum for necessary accounting and bookkeeping services equal to ten percent (10%) of the amount determined to be refunded, the charge to be deducted from the amount refunded. There shall be no refunds of fees paid for licenses which have been revoked and such fees shall be forfeited to the City.

3-3-11. Taking minors into premises.

It shall be unlawful for any person having charge of the custody of any minor to take the minor into, or to suffer the minor to enter, be in, loiter about or frequent the premises of a tavern or private club except when the person is in the performance of law enforcement duties as directed by the Police Department.

5-1-3.G. Every operator of a motor vehicle or self-propelled vehicle within the City shall, immediately upon injuring, striking, maiming, or running down any animal, notify the Police Department furnishing requested facts relative to such injury.

5-1-8.B. Whenever a complaint is made to the City that an animal is vicious, the Police Department shall conduct an investigation of the alleged incident. If the investigating officer finds reasonable cause to believe the animal involved is vicious, he may, pending a judicial determination of the animal's vicious nature, require the owner or custodian to either show sufficient ability to secure the animal so that it cannot come into contact with other persons or animals or remove the animal from the City. The investigating officer may instead, in his discretion, impound the animal pending a judicial determination of the animal's vicious nature.

5-1-9.A.7. Any animals that, by virtue of the number maintained, are determined by the Police Department to be offensive or dangerous to the public health, welfare or safety.

5-1-9.C. Whenever a complaint is made to the City that an animal constitutes a nuisance as defined above, the Police Department shall conduct an investigation of the alleged nuisance. If the investigating officer finds reasonable cause to believe that a nuisance exists, he shall notify the owner or custodian of the offending animal that the nuisance must be abated within two (2) days. The investigating officer shall specify the method of abatement. If the owner or custodian fails to abate the nuisance in a timely fashion, or if the investigating officer determines that a nuisance animal constitutes an immediate threat to the public health, safety, or welfare, he may impound the animal pending a judicial determination of the status of the animal as a nuisance.

5-2-1. Animal control services.

The Police Department shall be responsible for providing animal control services. The District shall be responsible for providing animal shelter services.

5-2-2. Powers of Animal Control Officers.

A. The Police Department shall be vested with the power and authority to enforce this Chapter.

5-3-2. Loss of privilege to maintain dog in City.

If the owner or custodian of any dog is convicted of violations of this Chapter on three (3) or more different occasions during any twelve (12) month period, the City may issue an order denying the right of the owner or custodian to maintain a dog in the City for a period of one (1) year. Prior to final denial of such privilege, written notice shall be sent to the owner or custodian's last known address informing the owner or custodian of the City's intent to deny his privilege of maintaining a dog in the City. The owner or custodian may seek a hearing before the Chief of Police to be informed of the alleged violations against him, which have resulted in the loss of his privilege and shall be given an opportunity to refute the applicability of this section to his situation. If the Chief of Police finds that grounds exist to deny the owner or custodian's privilege to maintain a dog within the City, he may order the owner or custodian to either remove his dog from the City or, in the event the owner or custodian fails to remove the dog from the City, to have the dog impounded. Any dog impounded under this section shall be dealt with in accordance with the provisions of this Chapter for impounded animals except that the person from whom the dog was taken shall not be allowed to redeem the dog under any circumstances.

5-3-3. Unlawful to harbor stray dogs.

A. Whenever any stray dog shall be found, which appears to be lost or strayed, it shall be the duty of the finder to notify the Police Department within twenty-four (24) hours. This notice shall include an accurate description of the dog and accurate information regarding the location of the harbored dog.

B. It shall be unlawful for any person, except an animal welfare society incorporated under the laws of the State of Utah, to harbor or keep any lost or strayed animal unless that person shall immediately notify the Police Department as required herein.