119 of 1966 - Amending the Revised Ordinance of Salt Lake City, Utah - 1965, by adding Title 45, relating to the c ' ROLL CALL
VOTING Aye Nay Salt Lake City,Utah,.._.......November 10_..__ ...6
Barker. . �.. ,.
I move that the Ordinance be passed.
Catmull . r. .
Harrison <�) l /1
Holley. . 1Z!ar-Z:Y: _I /Lf L.t. l.Y
Mr.Chairman f
Result ORDINANCE
. . .
AN ORDINANCE AMENDING the Revised Ordinances of Salt Lake City,
Utah, 1965, by adding thereto a new title to be known as Title 45,
relating to the control and regulation of the operation of transporta-
tion of handicapped persons in Salt Lake City, Utah.
Be it ordained by the Board of Commissioners of Salt Lake City,
Utah:
SECTION 1. That the Revised Ordinances of Salt Lake City, Utah,
1965, be, and the same hereby are, amended by adding thereto a new
title',to be known as Title 45, relating to the control and regulation
of the operation of transportation of handicapped persons in Salt Lake
City,'Utah, to read as follows:
"TITLE 45
TRANSPORTATION OF HANDICAPPED PERSONS
CHAPTER 1 -.
DEFINITIONS
Sec. 45-1-1. Definitions. The words and phrases used in this
title;shall have the meanings defined and set forth in this chapter.
Sec. 45-1-2. Special transportation vehicle. For purposes of
this ordinance, the term "special transportation vehicle" shall mean
any self-propelled motor vehicle for hire other than an ambulance or
taxicab, and which is designed, equipped and used for the transportation
of handicapped persons, as defined in this chapter.
Sec. 45-1-3. Aandicapped person. The term "handicapped person,"
when used in this ordinance, shall mean a person who is not acutely ill,
who does not for any reason require the services of an ambulance, and
who, by reason of physical or mental infirmity may not be conveniently
transported on public mass transportation, or in a taxicab without the
special equipment provided for in this ordinance.
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Sec. 45-1-4. Transportation. "Transportation" shall mean the
carrying or movement by "special transportation vehicles" of handi-
capped persons. Such transportation shall not include, however, the
movement of sick, injured or infirm persons who require the use of a
stretCher or. Jitter; except, that "special transportation vehicles"
may utilize stretchers in the transportation of handicapped persons,
as herein defined, when such transportation is performed pursuant to
a prior written contract with any governmental agency caring for or
supervising the care of handicapped persons, which contract provides
for the transportation of persons of which stretcher patients are a
part.
Sec. 45-1-5. Certificate. "Certificate" shall mean a certificate
of public convenience and necessity issued by the board of commissioners
authorizing the holder thereof to conduct in Salt Lake City a business
in the transportation of handicapped persons, pursuant to this ordinance.
Sec. 45-1-6. Driver's license. "Driver's license" shall mean
the permission granted by the board of commissioners to a person to
drive a "special transportation vehicle", as defined in this chapter,
upon the streets of Salt Lake City.
Sec. 45-1-7. Holder. "Holder" shall mean a person to whom a
certificate of public convenience and necessity has been issued.
Sec. 45-1-8. Manifest. "Manifest" shall mean a daily record
prepared by a driver of a "special transportation vehicle," as defined
in this chapter, of all trips made by said driver, showing times and
1
places of origin and destination, number of passengers, and the charge
for each trip, and generally the nature of the illness or handicap
of each person transported.
Sec. 45-1-9. Person. "Person" shall include an individmal, a
corporation or other legal entity, a partnership and any unincorporated
association, excluding, however, the United States, the State of Utah,
or any political subdivision or instrumentality thereof.
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CHAPTER 2
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
Sec. 45-2-1. Certificate required. No person shall operate,
or permit to be operated, a "special transportation vehicle" owned or
controlled by him upon the streets of Salt Lake City without having
first obtained a certificate of public convenience and necessity from
the board of commissioners, authorizing the operations of a "special
transportation vehicle" as defined herein.
Sec. 45-2-2. Application for certificate. An application for
a certificate shall be filed with the license assessor and collector
upon forms provided by Salt Lake City,and said application shall be
verified under oath and shall furnish the following information:
(1) The name and address of the applicant and in the event the
application is made by a corporation, a certified copy of the
articles of incorporation. No application shall be made on behalf
of another person without disclosing that fact.
1
(2) The (umber of "special transportation vehicles" actually
owned and the number of "special transportation vehicles" actually
operated by such applicant on the date of such application.
(3) The number of "special transportation vehicles" for which
a certificate of public convenience and necessity is desired and
the location of proposed depots and terminals.
(4) The financial status of the applicant, including any
unpaid or unbonded judgments of record against such applicant, the
tijtle of all actions and the amount of all such judgments and the
nature of the transaction or acts giving rise to said judgments.
(5) The experience of applicant in the transportation of
handicapped persons, and its training program in first aid.
(6) Any facts which the applicant believes tend to prove that
public convenience and necessity require the granting of a certificate.
(7) The insignia, color scheme and name to be used to designate
the "special transportation vehicle" of the applicant.
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(8) Such other information as the board of commissioners
may, in its discretion, reasonably require.
Sec. 45-2-3. Public hearing. Upon the filing of an application,
the boiard of commissioners shall fix a time and place for a public
hearing.
Sec. 45-2-4. Notice to applicant and public. Notice of the pubic
hearing provided in the preceding section shall be given to the appli-
cant by United States mail and notice shall be given the general public
of Salt Lake City by posting a notice of such hearing in the office
of the city recorder.
Sec. 45-2-5. Notice to holders of certificates. Notice of the
public hearing provided in this chapter shall be given to all persons
to whoM certificates of public convenience and necessity have been
theretofore issued.
Sec. 45-2-6. Application for additional authority by holders.
Upon the filing of an application for a certificate any present holder
of a certificate may apply for additional authority under such certi-
ficate)for the same or any other number of "special transportation
vehicles" for which authority is asked in the application and such
request for additional authority shall be heard in conjunction with
the application initially filed.
Sec. 45-2-7. Determination of need and issuance of certificate.
If the board of commissioners finds that additional service in trans-
1
porting handicapped persons in Salt Lake City is required by public
convenience and necessity and that an applicant is fit, willing and
able tb perform such transportation and to conform to the provisions
of this title and the rules promulgated hereunder by the board of
commissioners, then the board of commissioners shall issue a certificate
stating the name and address of the applicant, the number of vehicles
authorized under said certificate, the color scheme or insignia to be
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used Ito designate said vehicles, and the date of issuance; otherwise,
the application shall be denied.
In making the above findings, the board of commissioners shall
take into consideration the number of "special transportation vehicles"
alreajdy in operation, whether existing transportation is adequate
to meet the public need, the probable effect of the issuance on exist-
ing holders, the probable effect of increased service on local traffic
condijtions, the character, experience and responsibility of the
applicant, the number and kind and type of equipment, the color scheme
and designation to be used, and the ability of the applicant to earn
a fail return on the capital invested.
Sec. 45-2-8. Existing licenses allowed certificates. All persons
who have operated "special transportation vehicles" under permits or
licenses issued by Salt Lake City prior to October 1, 1966, or are
authorized to operate ambulances under certificates granting authority
pursuant to Title 44 of the Ordinances of Salt Lake City, prior to
October 1, 1966, shall have a certificate of public convenience and
necessity awarded to them, allowing them to operate the same number
of vehicles as they are presently operating, or are authorized to
operate, either as an ambulance or as a "special transportation vehicle",
withol;t the hearing provided in the preceding section and without a
finding of public convenience and necessity; provided, that they file
within sixty days after the effective date of this title the applica-
tions required herein and pay the fees required by this title and
qualify under its other terms.
Sec. 45-2-9. Liability insurance or indemnity bond required. No
operation shall be conducted pursuant to the authority of any issued
certificate of public convenience and necessity unless there is on
file with the city recorder a certificate of insurance executed by an
insurance company or association authorized to transact business in
this Mate, upon a form as prescribed by the board of commissioners,
9
that there is in full force and effect a policy of insurance condi-
tioned to pay any final judgment against the holder of said certificate
for bodily injury to or the death of any person resulting from the
negligent operation, maintenance or use of "special transportation
vehicles" under such certificate, or for the loss or damage to the
property of others, in the amount of one hundred thousand dollars for
bodily injury to or death of one person in connection with one acci-
dent and in the amount of three hundred thousand dollars for injuries
to or death of more than one person in one accident. Such policy
or policies shall cover all "special transportation vehicles" used or
to be used. In lieu of the insurance herein provided for, the board
of commissioners may, in its discretion, accept a bond to be approved
by it under such rules and regulations as the board of commissioners
may prescribe, with a sufficient corporate surety or personal surety
of not less than two personal sureties, who shall be residents and
free-holders of this state, conditioned to pay damages as herein pro-
vided for.
Sec. 45-2-10. Fees. No certificate shall be issued or continued
in operation unless the holder thereof has paid an annual fee of twenty-
five dollars for the right to engage in the business of transporting
handicapped persons and ten dollars each year for each "special trans-
portion vehicle" authorized under a certificate of convenience and
necessity. Said fees shall be for the calendar year and shall be in
lieu of any other fees or charges established by proper authority.
Sec. 45-2-11. Transfer of certificate. No certificate of public
convenience and necessity may be sold, assigned, mortgaged, leased or
otherwise transferred or encumbered without the formal consent of
the board of commissioners after a public hearing conducted in accord-
ance with this chapter.
Sec. 45-2-12. List of vehicles to be furnished. Holders shall
at all times have on file with the police department an up-to-date
list of the vehicles operated under their certificates, which list
shall contain the make, type, ytegt)of manufacture, serial or engine
.
number!and passenger capacity of each "special transportation vehicle"
operated hereunder.
Sec. 45-2-13. Suspension and revocation of certificate. A
certificate issued under the provisions of this title may be revoked
or suspended by the board of commissioners if the holder thereof has:
(1) Violated any of the provisions of this title;
(2) Abandoned operations for more than sixty days;
(3) Violated any ordinances of Salt Lake City or the laws of
the United States or the State of Utah, the violations of which affect
unfavorably the fitness of the holder to offer public transportation
hereunder.
Prior to suspension or revocation, the holder shall be given notice
of the proposed action to be taken and shall have an opportunity to
be bee d.
CHAPTER 3
DRIVER'S LICENSE
S c. 45-3-1. Unlawful to operate without license. It shall be
unlawf 1 for any person to operate a "special transportation vehicle"
for hi e within Salt Lake City without having first obtained and having
then ip force a valid driver's license issued under the provisions of
this chapter.
S c. 45-3-2. Allowance of operation without license unlawful.
It shall be unlawful for any person who owns or controls a "special
transportation vehicle" to permit it to be driven for hire and no
"speci l transportation vehicle" licensed by Salt Lake City shall be so
I
driven at any time for hire unless such "special transportation vehicle"
licensed by Salt Lake City is operated by a driver who has then in
force 4 valid driver's license issued under the provisions of this
chaptet.
Sec. 45-3-3. Application for driver's license. An application
for a driver's license shall be filed with the license assessor and
collector on forms provided by Salt Lake City.
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Spec. 45-3-4. verification of application and form. The applica-
tion shall be verified by the applicant and he shall be required to
swear '-to the truthfulness of the matters contained in the applications
and in the police recommendation form.
Sec. 45-3-5. Fee to accompany application. At the time the
appliation is filed, the applicant shall pay to the city treasurer
the sµm of two dollars.
Sec. 45-3-6. Current state motor vehicle chauffeur's permit
requited. Before any application is finally approved by the board of
commi$sioners, the applicant shall be required to submit a current
motor vehicle chauffeur's permit issued by the State of Utah authoris-
ing the transporation of passengers for hire.
Sec. 45-3-7. Police recommendation forms. Information required.
The applicant for a driver's license shall be required to complete
two police recommendation forms containing the following information.
(1) The names and addresses of four residents of Salt Lake
City who have known the applicant for a period of thirty days and
who will vouch for the sobriety, honesty and general good character
Of the applicant.
(2) Experience of the applicant in the transportation of
passengers.
(3) Education background of the applicant.
(4) A concise history of his employment.
(5) Such other information as may be deemed necessary by
(he chief of police.
Sec. 45-3-5. Completed police recommendation form required.
Before approving any application for driver's license, the license
assessor and collector shall require the applicant to submit a copy
of the completed police recommendation form as provided in this
chapter, which shall include the recommendation of the chief of
police as to whether or not a license shall be granted.
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Sic. 45-3-9. Photographs required. The applicant shall be re-
quiredlto file with the chief of police three unmounted, unretouched
in
photographs of himself taken with/thirty days next preceding, which
photog)aphs shall be two inches by three inches, black and white glossy
finish two photographs shall be attached to the police recommendation
forms, the third shall be attached to the driver's license of the
applicant by the city recorder; applicants for renewal of driver's
licenses will be required to furnish an up-to-date photograph if
directed by the chief of police.
Sic. 45-3-10. Fingerprints required. The applicant shall be
required to file with the chief of police two sets of fingerprint im-
pressions which shall be taken under the supervision of the chief of
police,
SaIc. 45-3-11. Physician's certificate required. The applicant
shall ULe required to file a certificate from a reputable physician of
Salt Lake City certifying that, in his opinion, the applicant is not
afflicted with any disease or infirmity that might make him an unsafe
or unsatisfactory driver. Such certificate shall be filed annually
with tNe chief of police on such data as Le shall establish.
Sec. 45-3-12. Health training certificate required. The appli-
cant shall file with the application a certificate from the Salt Lake
City beard of health that such applicant has received a proper course
of instruction in the transporting of handicapped persons as herein
defined.
Sec. 45-3-13. Age requirement. No driver's license shall be
issuedito any applicant who is not of the age of 21 years or over or
who does not read and write the English language.
Sec. 45-3-14. Recommendation of chief of police. The police
department shall conduct an investigation of each applicant for each
driver'is license and shall review all of the information filed by the
applicant as required by this chapter. Upon completion of the
1.9
10
investigation, the chief of police shall recommend approval or dis-
approvlal of the application to the board of commissioners on the police
recommendation form. It shall be the duty of the chief of police to
report in writing to the board of commissioners any misrepresentation
or £allsification by the applicant on the police recommendation form
which May be uncovered by the police investigation and any such misrep-
resentation or falsification will constitute just cause for the board
of comMissioners to refuse to issue a driver's license or to suspend
or revoke the same, if it has been issued.
Sec. 45-3-15. Hoard of commissioner's action. The board of com-
missiolpers shall, upon consideration of the application and the reports
and certificates required to be attached thereto, approve or reject
the application.
Sec. 45-3-16. Hearing upon rejection. If the application is
rejected, the applicant may request a personal appearance before the
board of commissioners to offer evidence why his application should
be reconsidered.
Sec. 45-3-17. Issuance of license and badge. Upon approval of
an application for a driver's license, the board of commissioners shall
issue a license to the applicant which shall bear the name, address,
age, signature and photograph of the applicant. A driver's badge shall
be issued to each approved applicant.
Sec. 45-3-1.8. Duration of license. Renewal. The license shall
be in effect for the remainder of the calendar year and the licensee
may receive a new license for each calendar year thereafter upon the
payment of the fee of one dollar, unless the license for the preceding
year has been suspended or revoked.
Sec. 45-3-19. Display of badge and license. Every driver licensed
under this chapter shall display his badge on his outer garments and
shall post his driver's license in such a place as to be in full view
of all,passengers while such driver is operating a "special transporta-
tion vehicle." 119
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Sec. 45-3-20. Suspension and revocation of license. The board
of commissioners is hereby given the authority to suspend any driver's
licen$e issued under this chapter for a driver's failing or refusing
to cofiply with the provisions of this title, such suspension to last
for a period of not more than sixty days. The board of commissioners
is al$o given authority to revoke any driver's license for failure
to comply with the provisions of this title. However, a license may
not be revoked unless the driver has been given notice and has had an
opportunity to present evidence in his behalf at a hearing of the
boardlof commissioners. Notice of such proposed action shall be deemed
to be.sufficient if it is mailed to the address designated on the said
drive 's license at least seven days prior to the revocation.
Pec. 45-3-21. New license prohibited to persons whose license
has been revoked. Exception. No driver whose license has been revoked
shall again be licensed as a driver of "special transportation vehicles"
in the city except upon presentation of seasons satisfactory to the
board,of commissioners.
pec. 45-3-22. Compliance with city, state and federal laws
requited. Every driver licensed under this chapter shall comply with
all city, state and federal laws. Failure to do so will justify the
suspension or revocation of a license by the board of commissioners.
CHAPTER 4
VEHICLES--EQUIPMENT, MAINTENANCE AND OPERATION
pee. 45-4-1. Inspection prior to licensing. No license shall
be issued until each "special transportation vehicle" to be used under
this prdinance has been thoroughly and carefully inspected by the
police department and the board of health of Salt Lake City and found
to bel in a safe condition for the transportation of handicapped persons,
to be clean, of good appearance and well painted, and to have such
equipment as may be required by the city hoard of health including,
but nit limited to the following:
(a) Doorways wide enough to accommodate a wheelchair;
(b) Ramps or lifting devices for elevating handicapped persons
119
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from the curb or sidewalk into the "special transportation
vehicle", which ramps and lifting devices must be stored inside
the "special transportation vehicle" while it is moving;
(c) Adequate means of securing handicapped persons safely
to the inside of the "special transportation vehicle:' and safety
belts for all passengers;
(d) A door, in addition to those provided on such vehicles
for normal ingress and egress, located at the rear thereof, to be
used as a method of escape in case of an emergency;
(e) A fire extinguisher, and first aid equipment and supplies
a$ prescribed and amended from time to time by the city board of
health.
Sec. 45-4-2. License upon satisfactory inspection. No license
shall issue hereunder until the polie department shall have found and
certified that the "special transportation vehicle" has met the
standards established by the city board of health and this ordinance.
Sec. 45-4-3. Periodic inspections. Every "special transportation
vehicle" operating under this title shall be inspected every six months
by the police department and the city board of health to insure the
operating
continued maintenance of safe, clean and proper/conditions.
Sec. 45-4-4 Clean and sanitary conditions of vehicles. Every
"special transportation vehicle" operating under this title shall be
kept in'a clean and sanitary condition according to rules and regulations
promulgated by the city board of health.
sec. 45-4-.5. Identifying design. Each "special transportation
vehicle" shall bear on the outside of each rear or front door in painted
letters', not less than five-sixteenths inch stroke and more than two
and onelquarter inches in height, the words "Special Transportation,"
the nam of the holder and the company number, which name and number
shall also be painted on the rear of the "special transportation vehicle"
and, inl,addition, may bear an identifying design approved by the board
of commissioners. q
119
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SlIec. 45-4-6. Prohibition against conflicting design. No "special
transportation vehicle" covered by the terms of this title shall be
licensed whose color scheme, identifying design, monogram or insignia
to be used thereon shall, in the opinion of the board of commissioners,
conflict with or imitate any color scheme, identifying design, monogram
or insignia used on a vehicle or vehicles already operating under this
title) in such a manner as to be misleading or tend to deceive or
defraLd the public; and provided further, that if, after a license has
been issued for a "special transportation vehicle" hereunder, the
color scheme, identifying design, monogram or insignia thereof is
changed so as to be, in the opinion of the board of commissioners, in
conflict with or in imitation of any color scheme, identifying design,
monog am or insignia used by any other person, owner or operator, in
such 4 manner as to be misleading or tend to deceive the public, the
certificate covering such shall be suspended or revoked.
$ec. 45-4-7. Emergency equipment prohibited. No "Special trans-
portation vehicle" licensed under this ordinance shall be equipped
with d siren or be permitted to operate as an emergency vehicle, or
be permitted to carry oxygen.
lee. 45-4-8. Operation of street stands prohibited. Holders
under ithe terms of this ordinance shall not operate street stands, and
their vehicles shall not accept passengers except on orders received
at the licensee's dispatching office, or by appointment or contract.
II CHAPTER 5
REPORTS
�yec. 45-5-1. Driver to keep manifests. Every driver shall main-
tain d daily manifest upon which is reported all trips made during his
hours)of work, showing time and place of origin and destination of
each trip and the name of the passenger transported and all of such
manifests shall be returned to the holder by the driver -.t the con -
elusion of his working day.
sec. 45-5-2. Manifest forms to be approved. The forms for each
119
BRADFORD 8 BRADLEY
R.WILLIAM'BRADFORD AT-TOWN EYS AT LAW 3E2-3581
'OHN N.BRADLEY q'�'w 1050 UNIVERSITY CLUB BUILDING
RED+ p� 6 \/ C"� d SALT LAKE CITY, UTAH 84111
'A 1� / V P September 23, 1966
SEV, 2 3 1c36{3
,powajtpy „
Honorable Board of City Commissioners
City & County Building
Salt Lake City, Utah
Re: Title 45 of Salt Lake City Ordinances
"Transportation of Handicapped Persons"
Gentlemen:
Pursuant to permission granted by the Commission at its meeting
held September 13, 1966, we have prepared and are enclosing a copy of
proposed Title 45, Salt Lake City Ordinances, governing and regulating
the transportation of handicapped persons.
As previously stated before the Commission, it is our opinion
that the necessary regulation of the transportation of handicapped persons
can best be accomplished by means of an ordinance similar to, but separate
from Titles 43 and 44 governing taxi cabs and ambulances.
We respectfully request that the enclosed proposed ordinance be
adopted by the Commission in lieu of its adopting any proposed amendments
to Title 44 governing ambulances.
Respectfully submitted,
BRA RD BRA Y
/Ili.
R. WILLIAM BRADFO
RWB/lbn
cc: Salt Lake City Recorder Salt Lake City Attorney
Hon. Louis E. Holley Hon. George B. Catmull
Hon. James L. Barker Hon. J. Bracken Lee
Hon. Conrad B. Harrison Skeen, Worsley, Snow & Christensen
Charles Welch, Esq. Judd's Recreational Therapy
19
•
LAW OFFICES
SREEN,WORSLEY,SNOW & CHRISTENSEN
O.A.SKEEN
WOOD K. .y /01 OONTINENIAL BANE BUILDING
,LY SALT LAKE CITY,UTAH 04101
}TOS]ll'S J PALMER PRONE 004-•lola
AREA COPE 001
STLAR ,�A;OL,EAN September 12, 1966
,101iN n.OAVE
Honorable Board of City Commissioners
Salt Lake City Corporation
City and County Building
Salt Lake City, Utah
Re: Title 44 of the Salt Lake City
Ordinances - "Ambulances"
Gentlemen:
We have received a copy of a letter dated September 9, 1966,
addressed to the Commission with reference to the above ordinance
by Bradford & Bradley, as attorneys for Servicar, Inc. The re-
quest is made that a public hearing now scheduled for Wednesday,
September 14, 1966, at 10:30 a.m. be postponed for one (1) month
so as to permit them to prepare and submit a new proposed ordi-
nance relative to the subject matter.
There has been a previous hearing on the question as to
whether or not there should be a revision of the Ambulance Ordi-
nance or enactment of a new ordinance to provide not only for
regulation of traditional ambulance service, but also for regula-
tion of the transportation of invalid persons on a non-emergency
basis in invalid coaches. At the time of the prior hearing Servi-
car, Inc. was represented and participated in the discussions
with the Commission. As a result, it was concluded to consider
preparation of such amendment, or new ordinance if this seemed
preferable.
Following such hearing, there have been a series of meetings
and discussions between ourselves, representing Salt Lake Trans-
prtation Company, Mr. Charles Welch, representing Intermountain
Ambulance Company, and the city attorney's office. Whether or
not any representative of Servicar, Inc. or other parties at the
hearing have also conferred with the city attorney's office is a
119
Honorable Board of City Commissioners
September 12, 1966
Page 2
matter as to which we have no knowledge, but it is clear that
they were advised of the proposed action and had every oppor--
1 tunity to participate in ordinance revision had they so desired.
We believe it most desirable that any ordinance, consistent
with its purposes, be as simple and understandable as possible,
and that where an existing ordinance can be revised and expanded,
it is desirable to do so in the interest of confining the entire
subject matter of concern to a single ordinance and source of
regulation. Accordingly, consideration was given to the so-called
" invalid coach" ordinances from other cities, and as a result of
extended study it was concluded that the provisions of the present
ambulance ordinance could be readily adapted to the regulation of
"invalid coaches" and that enactment of separate "invalid coaches"
ordinance would be a senseless repetition of the bulk of the
regulatory provisions involved. Accordingly, the proposed revised
ambulance ordinance was prepared after considerable and detailed
analysis of the entire matter.
It is scarcely helpful to the Commission to state, as the
letter of September 9, 1966 above does state, that the proposed
ordinance is nothing but a "tortured" revision of the existing
ambulance ordinance. Such letter does not contain the slightest
indication as to the basis upon which such contention is made. If,
in fact, improvement in the proposal can be made, specific presenta-
tion of any objections can and should be properly made at hearing
on the ordinance and thus left to the determination of the Com-
mission as to the final form.
On behalf of Salt Lake Transportation Company, we must vigo-
rously object to any continuance of this hearing. The matter has
been pending for a substantial period of time and there appears no
sound reason why further delay should be countenanced. If on
hearing improvements to the revised ordinance seem desirable, we would
be pleased to assist in any way the Commission may desire to work
out the specific language of any further revision, without needless
delay.
Very truly yours,
SKEENN WORSLEY, SNOW & CHRIS TENSEN
We Od R. Worsley
WRW:bp
119
Honorable Board of City Commissioners
September 12, 1966
Page 3
cc: Bradford & Bradley
Mr. Charles Welch
Salt Lake City Recorder
Salt Lake City Attorney
Hon. Louis E. Holley
Hon. George B. Catmull
Hon. James L. Barker
Hon. J. Bracken Lee
Hon. Conrad B. Harrison
119
CHARLES WELCH
ATTORNEY AT LAW
922 KEARNS BUILDING
SALT LAKE CITY,UTAH 84101
September 12, 1966
Honorable Board of City Commissioners
Salt Lake City Corporation
City and County Building
Salt Lake City, Utah
Re: Title 44 of the Salt Lake City
Ordinances - "Ambulances"
Gentlemen:
Your records will reveal that I represent Intermountain
Ambulance Company. I am in receipt of a copy of R. William
Bradford's letter to your Commission dated August 30th which
contains a statement that it is the intention of Servicar, Inc.
to petition for the enactment of a separate ordinance govern-
ing the operation of vehicles used in transportation of persons
on a non-emergency basis.
It is my understanding that a request has now been made
by the attorneys for Servicar, Inc. that the hearing scheduled
for Wednesday, September 14, 1966 be posponed to allow time for
the submission of a new proposed ordinance.
We object to any further delay in this matter. Servicar,
Inc. and their attorneys were present at the previous hearing
at which this matter was discussed before your honorable body.
At that time the parties were given a reasonable time in which
to prepare a proposed ordinance or amendment and participated
in the discussions.
In cooperation with Mr. Wood R. Worsley, attorney for the
Salt Lake Transportation Company there has been prepared a
proposed city ordinance which has been submitted to your
Commission. Considerable time has been spent conferring with
the Department of Health, the Department of Public Safety, and
the City Attorney's Office, Servicar, Inc. and its representa-
tives have had sufficient time and opportunity to enter into the
ordinance revisions.
Careful consideration was given as to whether it was desir-
able to enact a new ordinance or amend the present ordinance. It
1��
-2-
Honorable Board of City Commissioners September 12, 1966
was concluded that amendments to the present ordinance would
accomplish what was needed, and would avoid much duplication.
We, therefore, feel that the proposed ordinance which we have
heretofore presented to the Commission for your consideration and
approval should be considered at the time set and that the delay
requested by Servicar, Inc. should be denied.
Very truly yours,
Charles Welch, 1dr. <<i"
Attorney at Law
CW:eg
cc: Bradford & Bradley
Mr. Wood R. Worsley
Salt Lake City Recorder
Salt Lake City Attorney
Hon. Louis E. Holley
Hon. George B. Catmull
Hon. James L. Barker
Hon. J. Bracken Lee
Hon. Conrad B. Harrison
119
BRADFORD £s BRADLEY
R,WILLIAM BRADFORD ATTORNEYS AT LAW 322-3581
JOHN M, BRADLEY 1650 UNIVERSITY CLUB BUILDING
SALT LAKE CITY, UTAH 84111
October 26, 1966
Honorable Board of City Commissioners
City & County Building
Salt Lake City, Utah
Re: Title 45 - Ordinance Regulating Transportation
of Handicapped Persons
Gentlemen:
Since last appearing before the Commission, and at the request of
the Commission, the undersigned has held a conference with Homer Holmgren,
Esq. , Salt Lake City Attorney, together with Charles Welch, Jr. , Esq. , attorney
for Intermountain Ambulance Company, and Wood R. Worsley, Esq. , attorney
for Salt Lake Transportation Company. Messrs. Welch, Worsley and myself
subsequently met together in several conferences in an effort to draft an
appropriate ordinance for the regulation of transportation of handicapped persons
suitable for enactment by the Salt Lake City Commission.
As a result of our conferences, and considerable time and effort
expended by us in pursuing this objective, we have succeeded in drafting an
ordinance which Messrs . Welch, Worsley and I agree with the approval of
our respective clients, is an appropriate ordinance and should be enacted by
the Commission in the public interest.
It is our intention to appear with our clients at the October 27,
1966 hearing to answer any questions the Board of Commissioners may wish
to:ask regarding any of the provisions contained in the enclosed proposed
ordinance.
Respectfully submitted,
BRA D BRAD
ILLIAM BRADFORI
RWB/lbn
19
Honorable Board of City Commissioners
October 26, 1966
Page Two
cc: Hon. Louis E. Holley Hon. J. Bracken Lee
Hon. James L. Barker Salt Lake City Recorder
Hon. Conrad B. Harrison City Board of Health
Hon. George B. Catmull Charles Welch, Esq.
Skeen, Worsley, Snow & Christensen
1.1.9
BRADFORD S BRADLEY
R.WILLIAM BRADFORD ATTORNEYS AT LAW 322-3581
JOHN M.BRADLEY 1650 UNIVERSITY CLUB BUILDING
SALT LAKE CITY, UTAH 84111
.October 26, 1966
Homer Holmgren, Esq.
Salt Lake City Attorney
City and County Building
Salt Lake City, Utah
Re: Title 45- Ordinance Regulating Transportation
of Handicapped Persons
Dear Homer:
Since meeting with you in your office with Wood Worsley, Esq. ,
• and Charles Welch, Jr. , Esq. , I have met in conferences with them on
several occasions , and we have all expended considerable time and effort
in an attempt to draft an appropriate ordinance to be enacted by the City
Commission for the regulation of transporting handicapped persons. Our
conferences and efforts have been very successful in that we have been able
to draft an ordinance which, we all agree, with our clients' approval, covers
the area very well and should be enacted by the City Commission. There may
bd other interested parties who will have comments or objections, but as far
as Intermountain Ambulance Company, Salt Lake Transportation Company and
ServiC ar , Inc. are concerned, bur proposed draft, a copy of which is enclosed,
• is entirely acceptable.
May we just add our reasons why the city should enact a separate
ordinance regulating the non-emergency transportation of handicapped persons
separate from the ordinance regulating the operation of ambulance service.
It is obvious from the examination of the ordinance regulating
taxi cabs, and the ordinance regulating ambulances, that the same
statutory scheme is used in both ordinances, although they regulate
separate services. It is significant to note that there are two separate
ordinances regulating these services, although the ordinances, themselves,
have a great many similarities, and many'of the sections are verbatim
119
Homer Holmgren, Esq.
October 26, 1966
Page Two
reproductions of each other. We have examined the statutory scheme
used in both ordinances,and agree that the scheme in and of itself is a
• good one, and we have, therefore, incorporated many of its features into
our proposed statute. The reason for so doing is that it would lead to a
Uniformity of interpretation, and would simplify matters for the city in
processing the necessary applications involved. We feel, however, that
an attempt to regulate this particular service, i.e. the transportation of
handicapped persons on a "non-emergency" basis, by means of the
ambulance ordinance might lead to confusion in application and ambiguity
•
in interpretation, that might possibly render the ordinance ineffective in
controlling either operation.
While there may be some duplication between our proposed
Ordinance and the ambulance ordinance, we feel that this duplication is
not, however, unnecessary, and, in fact , clearly delineates between
those things which apply solely to ambulances and those things which
should apply solely to the transportation of handicapped persons. It
is our opinion that the operation of our client is as different from the
operation of an ambulance service as is a taxi cab operation, thus
leading to the conclusion that if there are separate ordinances for the
• regulation of the operation of taxi cabs and ambulances, there should
also be a separate statute for the operation of a service which is rendered
solely to handicapped persons.
Whereas it may be true that there could be a slight additional
expense to the city by enacting a separate, as opposed to an amended
ordinance, we feel that the value to the public in having a separate
• ordinance far out-weighs the incidental expense of printing a new ordinance.
In my opinion, as a result of my discussions with Messrs. Wood
Worsley and Charles Welch, Jr., as well as the conference involving our
respective clients, it appears to me that the public interest will best be
served by clearly defining and delineating taxi cabs, ambulances and
Special transportation vehicles as three separate businesses , with three
separate ordinances, and for the reasons set forth in this letter, we will
urge the City Commission on October 27, 1966, to enact the enclosed
ordinance separate from Title 44 Salt Lake City Ordinances governing
ambulances.
1.1.9
•
' I
Homer Holmgren, Esq.
October 26, 1966
Page Three
Yours very truly,
BRADF BRAD/
•
R. LLIAM'B' ,DFORD
RWB/lbn
Enclosure
cc: Hon. Louis E. Holley Hon. J. Bracken Lee
Hon. James L. Barker Salt Lake City Recorder
Hon. Conrad B. Harrison Charles Welch, Esq.
Hon. George B. Catmull Skeen, Worsley , Snow & Christensen
119
•
-15-
Sec. 45-6-2. Duty of police department to enforce. The police
department of Salt Lake City is hereby given the authority and is
instrilcted to watch and observe the conduct of holders and drivers
operating under this title.
Sec. 45-6-3. Violations to be reported to board of commissioners.
Upon discovery of a violation of the provisions of this title, in
addition to criminal proceedings, the police department shall report
the sime to the board of commissioners, which will order or take appro-
priate action respecting the licenses or certificates of the persons
involVed."
SECTION 2, In the opinion of the Board of Commissioners it is
necessary to the peace, health and welfare of the inhabitants of salt
Lake Silty that this ordinance become effective immediately.
SIECTION 3. This ordinance shall take effect upon its first
publidation.
Passed by the Board of Commissioners of Salt Lake City, Utah,
Ifth November
this day of , 1966.
) //
i/ t MAYOR
ANsW10*,VW'
(S E A L)
RILL NB. 119 of 1966
Published November 18, 1966
119
•
m..
Affidavit of Publication
STATE OF UTAH, 1
JY ss.
County of Salt Lake
D it Ickey
Being first duly sworn,deposes and says that he is legal adver
Using clerk of the DESERET NEWS,a daily(except Sunday)
newspaper printed in the English language with general cir-
culation in Utah,and published in Salt Lake City,Salt Lake
County,in the State of Utah.
That the legal notice of which a copy is attached hereto
Salt Lake City kill No 119 of 1966
An Ordinance relating to control and regulation
of the operation of transportation of handicapped
persons in Salt --ake Oityr
was published in said newspaper on November 18, 1966.
-.gigot Advertising CIerK
Subscribed mad sworn to before me this 30th day of
November AD.19 66
,Notary Public
My Commission Expires
Nov 25 1969
119
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