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045 of 2005 - Regarding Ground Transportation 0 05-1 0 04-24 SALT LAKE CITY ORDINANCE No. 45 of 2005 (Commercial Ground Transportation) AN ORDINANCE AMENDING SECTION 16.60.090 SALT LAKE CITY CODE, ENTITLED "DEFINITIONS FOR ARTICLE II," PERTAINING TO DEFINITIONS REGARDING GROUND TRANSPORTATION BUSINESSES AT THE AIRPORT; AMENDING SECTION 16.60.097, SALT LAKE CITY CODE, PERTAINING TO GROUND TRANSPORTATION DESTINATIONS; AMENDING SECTION 5.71.010, SALT LAKE CITY CODE, PERTAINING TO DEFINITIONS FOR GROUND TRANSPORTATION REQUIREMENTS; AMENDING SECTION 5.71.028, SALT LAKE CITY CODE, PERTAINING TO GROUND TRANSPORTATION DESTINATIONS; AMENDING ARTICLE VII OF TITLE 5.71, SALT LAKE CITY CODE, PERTAINING TO MANIFESTS FOR PREARRANGED SERVICE; AMENDING SECTION 5.72.100, SALT LAKE CITY CODE, PERTAINING TO DEFINITION OF "TAXICABS;" AMENDING SECTION 5.72.130, SALT LAKE CITY CODE, RELATING TO REQUIREMENTS FOR OPERATION OF TAXICABS; AND ENACTING SECTION 5.72.142, SALT LAKE CITY CODE, PERTAINING TO MANDATORY ACCESSIBLE VEHICLE. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 16.60.090 Salt Lake City Code, entitled "Definitions for Article II," pertaining to definitions regarding ground transportation businesses at the airport be, and the same hereby is, amended by adding or amending certain definitions to read as follows (unless amended, existing definitions shall remain as presently constituted): 16.60.090 Definitions For Article II: D. "Courtesy vehicle" means any motor vehicle which is regularly operated for transportation of customers and/or baggage, without making a specific separate charge to the passenger for such transportation,. All contracts providing for operating a courtesy vehicle at the airport on behalf of a hotel or motel shall be filed under the direction of the Director of Airports and shall be subject to all applicable airport rules and regulations. G. "Hotel vehicle" means any motor vehicle which is regularly operated for transportation of customers and/or baggage to or from any railroad station, bus station, airport, or similar terminal of public transportation and any motel or hotel and under contract with such motel or hotel and for which transportation the customer is charged a separate fee or fare. All contracts providing for operating a hotel vehicle at the airport shall be filed under the direction of the Director of Airports and shall be subject to all applicable airport rules and regulations. H. "Limousine" means any motor propelled vehicle which is a Rolls Royce or other automobile described by its manufacturer as a limousine or luxury vehicle having a wheel base in excess of one hundred twenty inches (120"), operated on the streets and highways for hire, with a driver furnished who is dressed in a "chauffeur's uniform" (defined as a jacket and tie for a man or a pants suit or dress for a woman) or tuxedo while on duty, operated on a scheduled or prearranged basis, and licensed as required by this code. I. "Manifest", for purposes of this chapter, means a daily record of all prearranged service provided by a driver of a ground transportation vehicle during such driver's hours of work which record shall be made by such driver, showing time(s) and place(s) of origin and destination, intermediate stop(s), the names of all passengers, and the amount of fare of each trip. 2 K. "On demand airport service" or "on demand service" means transportation provided by an authorized airport ground transportation business which is not "scheduled service" or "prearranged service" as defined in this section. L. "Prearranged service from the airport" means transportation from the airport to points within or without the corporate limits of Salt Lake City provided by an authorized airport ground transportation business which is contracted for between the business and the person to be transported, or by an agent of the person, prior to the arrival of the person at the Salt Lake City international airport. "Prearranged service from the airport" shall include airport ground transportation contracted for by an airline company on behalf of its own passengers whose regular air travel may have been disrupted in some manner. An agent may include a travel agent, family member, employee, business entity or meeting planner, but excludes an authorized ground transportation business. Prearranged service to the airport shall be provided on the same basis as permitted under Chapter 5.71 of this Code. SECTION 2. That Section 16.60.097, Salt Lake City Code, pertaining to ground transportation destinations be, and the same hereby is, amended to read as follows: 16.60.097 Ground Transportation Destinations: A. All authorized airport ground transportation businesses may provide prearranged service or scheduled service to or from the airport as defined in Section 16.60.090. B. All authorized airport ground transportation businesses may provide on demand service between the airport and destinations outside the corporate limits of Salt Lake City. C. For transportation back and forth between the airport and points within the corporate limits of Salt Lake City, only taxicabs, courtesy vehicles, hotel vehicles and limousines 3 may provide on demand service , unless the director or his or her designee determines that circumstances at the airport exist that create congestion, security concerns, emergency conditions, or other operational problems, and that a temporary suspension of this limitation is in the best interests of the city to address such circumstances. The foregoing notwithstanding, limousines may provide on-demand service only upon charging a minimum fare of$30 per trip. Limousines may provide prearranged service without charging a set minimum fare. SECTION 3. That Section 5.71.010, Salt Lake City Code, pertaining to definitions for ground transportation requirements be, and the same hereby is, amended to read as follows: 5.71.010 Definitions: The words and phrases, when used in this Chapter, shall have the meanings defined and set forth in this Section. A. "Authorized ground transportation business" means any business operating any ground transportation vehicle, which has a current, valid business license as required by the City and, when applicable, a current certificate of convenience and necessity as required by the City. This shall not include an "authorized airport ground transportation business" as defined by Title 16 and which shall be governed by that title. B. "Automobile" means any motor vehicle which is registered at a gross weight of less than six thousand (6,000) pounds, or, if not registered commercially, that such vehicle would receive a weight classification as gross weight of less than six thousand (6,000) pounds, if such vehicle were to be registered commercially. C. "Bus" means any motor vehicle operated on the streets and highways for hire on a scheduled or nonscheduled basis that is registered with the State at a gross weight of over thirty 4 six thousand (36,000) pounds. Such defined word, however, shall not include any buses operated by the Utah Transit Authority. D. "Business licensing office" means the Division of Building Services and Licensing of Salt Lake City Corporation or its successor. E. "Civil notice" means the written notice of ground transportation violation as provided under this Chapter. F. "Comment form" or "form" has the meaning set forth in Article I of this Chapter, or its successor. G. "Courtesy vehicle" means any motor vehicle which is regularly operated on Salt Lake City streets for transportation of customers and/or baggage without making a specific separate charge for such transportation,. All contracts providing for operating a courtesy vehicle at the airport on behalf of a hotel or motel shall be filed under the direction of the Director of Airports and shall be subject to all applicable airport rules and regulations. H. "Department" means the city department delegated by the mayor to have responsibility for the enforcement of this chapter. I. "Fixed schedule" means ground transportation service operating on a regular time schedule previously announced as to time of departure and arrival between definitely established and previously announced points along definitely established and previously announced routes regardless of whether there are passengers or freight to be carried. J. "Ground transportation business" means any business operating any ground transportation vehicle. r 7 K. "Ground transportation vehicle" means any motor vehicle which is used for the transportation of persons using Salt Lake City streets for commercial purposes or as a courtesy in connection with a business including, but not limited to, any automobile, bus, courtesy vehicle, hotel vehicle, limousine, minibus, special transportation vehicle, taxicab and van . L. "Hotel vehicle" means any motor vehicle which is regularly operated for transportation of customers and/or baggage to and from any railroad station, bus station, airport, or similar terminal of public transportation and any motel or hotel and under contract with such motel or hotel and for which transportation the customer is charged a separate fee or fare. All contracts providing for operating a hotel vehicle at the airport shall be filed under the direction of the Director of Airports and shall be subject to all applicable airport rules and regulations. M. "Limousine" means any motor-propelled vehicle which is a Rolls Royce or other automobile described by its manufacturer as a limousine or luxury vehicle having a wheel base in excess of one hundred twenty inches (120"), operated on the streets and highways for hire, with a driver furnished who is dressed in a chauffeur's uniform (defined as a jacket and tie for a man or a pants suit or dress for a woman) or tuxedo while on duty, and licensed as required by city code. N. "Manifest," for purposes of this chapter, means a daily record of all prearranged service trips provided by a driver operator of a ground transportation vehicle during such driver's hours of work which record shall be made by such driver, showing time(s) and place(s) of origin and destination, intermediate stop(s), the names of all passengers, and the amount of fare of each trip. O. "Minibus" means any motor vehicle which is registered with the State at a gross weight of ten thousand one (10,001) to thirty six thousand (36,000) pounds, operated on a scheduled or nonscheduled basis, or is designed to transport sixteen (16) or more persons, including the driver, 6 and is licensed as required by city code. Such term, however, shall not include any minibus operated by any local, State or Federal agency. P. "Named party" means the driver, vehicle owner or authorized ground transportation business named in a civil notice issued by the City. Q. "On-demand airport service" or "on-demand service" means transportation provided by an authorized ground transportation business which is not "scheduled service" or "prearranged service" as defined in this Section. R. `Prearranged service"means transportation provided by an authorized ground transportation business from points within the City, other than from the airport, in which the name of the prospective passenger and other required information are listed on the vehicle driver's manifest at least thirty(30) minutes prior to the transporting of the passenger by such vehicle. Prearranged service from the airport is governed by Section 16.60.090 (L) or its successor. S. "Scheduled service" means_transportation provided by an authorized ground transportation business on a fixed schedule posted with the City business license office in advance of such transportation. T. "Special transportation vehicle" means any vehicle for hire on Salt Lake City streets, which is used for the transportation of disabled persons and is licensed under Chapter 5.76 of this Division, or its successor. U. "Starter" means a person appointed by and representing a ground transportation business at a terminal of public transportation and providing coordinated travel arrangements and information about available services and fares. 7 V. "Taxicab" means a motor vehicle used in the transportation of passengers for hire over the public streets and not operated over a fixed route or upon a fixed schedule, but which is subject for contract hire by persons desiring special trips from one point to another, and which is licensed under Chapter 5.72 of this Code, or its successor. It does not include an automobile rental vehicle licensed under any other section of these ordinances. W. "Temporary vehicle" means any motor vehicle used in the transportation of passengers and their luggage, using the streets within the corporate limits of Salt Lake City, for commercial purposes, or in connection with the operation of a hotel, motel, parking establishment, car rental operation, or in connection with the operations of a transportation for hire, for a period not to exceed fourteen (14) days. It does not include any vehicle operated as a taxicab licensed under Chapter 5.72 of this Division or its successor. X. "Van" means any motor vehicle which is registered with the State at a gross weight of four thousand (4,000) to ten thousand(10,000)pounds, or is designed to transport fifteen (15) passengers or fewer, including the driver, and which is licensed as required by city code. SECTION 4. That Section 5.71.028, Salt Lake City Code, pertaining to ground transportation destinations be, and is hereby enacted to read as follows: 5.71.028 Ground Transportation Destinations: A. All authorized ground transportation businesses may provide scheduled service and prearranged service within the City. B. Only taxicabs, courtesy vehicles, hotel vehicles, and limousines may provide on- demand service within the city, except that: (1) hotel vehicles may provide on-demand service only to and from any railroad station,bus station, airport, or similar terminal of public 8 • transportation and any motel or hotel; and (2) limousines may provide on-demand service only upon charging a minimum fare of$30 per trip. Limousines may provide prearranged service without charging a set minimum fare. C. Subsection B of this Section 5.71.028 notwithstanding, hotel vehicles may transport motel or hotel patrons on-demand to and from locations other than a terminal of public transportation as follows: (1) to and from a convention center during a convention within the City involving 5,000 or more participants, or (2) to and from other locations providing such transport involves 3 or more persons riding together to and from the same destination and with the consent of the motel or hotel manager on duty. SECTION 5. That Article VII of Title 5.71, Salt Lake City Code, pertaining to manifests for prearranged service be, and the same hereby is, enacted to read as follows: Article VII. Manifests for Prearranged Service 5.71.440 Drivers to Keep Manifests: Except for drivers of taxicabs, every ground transportation vehicle driver providing prearranged service shall maintain a daily manifest upon which is reported all prearranged service trips made during such driver's hours of work, showing time(s) and place(s) or origin and destination of trip, intermediate stop(s), the names of all passengers and amount of fare of each trip, and all such complete manifests shall be returned by the driver at the conclusion of his or her working day to the licensee of the ground transportation business for whom the driver is operating the vehicle. Taxicab drivers shall be governed by the manifest requirements of Article VIII of Chapter 5.72 or its successor. 9 5.71.450 Manifest Forms To Be Approved: The forms for each manifest shall be furnished to the driver by the licensee of the ground transportation business for whom the driver is operating the vehicle, and shall be of a character approved by the Mayor. 5.71.460 Manifests-Holding Period-Availability: Every licensee of a ground transportation business providing prearranged service shall retain and preserve all drivers' manifests in a safe place for at least the calendar year next preceding the current calendar year, and such manifests shall be available at a place readily accessible for examination by the department and the licensing office. SECTION 6. That Section 5.72.100, Salt Lake City Code, pertaining to definition of "Taxicabs," be, and the same hereby is, amended to read as follows: 5.72.100 Taxicab: "Taxicab" means a motor vehicle used in the transportation of passengers for hire over the public streets of the city, and not operated over a fixed route or upon a fixed schedule, but is subject to contract for hire by persons desiring special trips from one point to another. "Taxicab" does not include an automobile rental licensed under any other section of this code. SECTION 7. That Section 5.72.130, Salt Lake City Code, pertaining to requirements for operation of taxicabs be, and the same hereby is, amended to read as follows: 5.72.130 Required For Operation: A. No person shall operate or permit a taxicab owned or controlled by such person to be operated as a vehicle for hire upon the streets of Salt Lake City without first having obtained a 10 certificate of public convenience and necessity from the city in accordance with chapter 5.05 of this title, or its successor. B. For the purpose of this section, the term "operate for hire upon the streets of Salt Lake City" shall not include the transporting, by a taxicab properly licensed in a jurisdiction outside the corporate limits of the city, of a passenger or passengers for hire where a trip shall originate with the passenger or passengers being picked up outside of the corporate limits of the city and where the destination is either within or beyond the city corporate limits. The term "operate for hire upon the streets of Salt Lake City" means and shall include the soliciting or picking up of a passenger or passengers within the corporate limits of the city, whether the destination is within or outside of the corporate limits of the city. C. Taxicabs may operate as provided in Section 5.71.028 and Section 16.60.097 or their successors. SECTION 8. That Section 5.72.142, Salt Lake City Code, pertaining to mandatory accessible vehicle be, and the same hereby is, enacted to read as follows: 5.72.142. Mandatory Accessible Vehicle. Every taxicab company holding a certificate of convenience and necessity from the City shall, as a condition of retaining such certificate, obtain no later than sixty(60) days from the effective date of this ordinance and use continuously thereafter as part of its fleet of taxicabs in the operation of its business, or through the service of a third-party provider, at least one vehicle that is fully accessible for the transport of disabled persons, including persons using electrically- powered wheelchairs. Said vehicles shall meet the equipment standards and technical specifications set forth for such transport in the federal Americans with Disabilities Act, or its 11 successor. Said vehicles shall operate with equivalent response times and shall charge equivalent fares to the average response times and the fares of ordinary taxicabs operated by such company. SECTION 8. This ordinance shall take effect immediately upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah this 9th day of August, 2005. a- a 4tiii,ibit-- CHAIRPE SON „A.* y. . sT: crr ',r,,.,� ✓ "F' ` Ir T. >.-::. C EF DEPUT CITi'RE ORDER --- ii 1-i"tat i; °0 r T r Transmitted to Mayor on 8-10-05 4� ` !-' _'ttt l Mayor's Action: Approved. Vetoed. AY R CHIEF D PUTY CITY ORDER APPROVED AS TO FORM Satt lake ity ttomeye Office (SEAL) Date ' °S BY 7 Dm. Bill No. 45 of 2005. Published: 8-11-05 . .. :.i.,is I..i..l..x.m.un.l runqnniin MwniLnK S 7I,d 5'2I VS X i-OS I I 12