069 of 2004 - Amending Title 5 relating to ground transportation 0 04-1
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SALT LAKE CITY ORDINANCE
No.69 of 2004
(Commercial Ground Transportation)
AN ORDINANCE ENACTING SECTION 5.71.025, SALT LAKE CITY CODE,
PERTAINING TO THE LICENSE REQUIRED FOR A GROUND TRANSPORTATION
BUSINESS AND ENACTING ARTICLE VI, CHAPTER 5.71, SALT LAKE CITY CODE,
PERTAINING TO DRIVER LICENSING FOR OPERATORS OF GROUND
TRANSPORTATION VEHICLES.
Be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Section 5.71.025, Salt Lake City Code, pertaining to the license
required for a ground transportation business is hereby enacted to read as follows:
5.71.025 License-Required:
It is unlawful for any person to operate a ground transportation business without first
obtaining a business license to do so.
SECTION 2. That Article VI, Chapter 5.71, Salt Lake City Code,pertaining to driver
licensing for operators of ground transportation vehicles be, and the same hereby is, enacted to
read as follows:
Article VI. Driver Licensing
5.71.250 License Required For Operators:
It is unlawful for any person to operate a ground transportation vehicle upon the streets of
the city without having first obtained and having then in force a valid ground transportation
vehicle driver's license issued by the police department of the city, under the provisions of this
chapter. The foregoing notwithstanding, a ground transportation vehicle operator, other than a
taxicab operator, who has operated upon the streets of the city prior to the effective date of this
ordinance and while in the employ of a ground transportation business duly licensed by the city,
shall have until thirty calendar days from the effective date of this ordinance to file an application
for a valid ground transportation vehicle driver's license issued by the city.
5.71.260 Permitting Unlicensed Operator Unlawful:
Except as provided in Section 5.71.250, or its successor, it is unlawful for any person
who owns or controls a ground transportation vehicle to permit it to be driven, and no ground
transportation vehicle licensed by the city shall be so driven at any time for hire, unless the
ground transportation vehicle is operated by a driver who has then in force a valid ground
transportation vehicle driver's license issued under the provisions of this chapter.
5.71.270 Driver's License-Application:
An application for a ground transportation vehicle driver's license shall be filed with the
Police Department of the City on forms provided by the City.
5.71.280 Application-Verification:
The application shall be verified by the applicant under oath, and he/she shall be required
to swear to the truthfulness of the matters contained upon the application.
5.71.290 Application-Fee Required:
At the time the application is filed, the applicant shall pay to the Police Department a fee,
in an amount to be determined by the Mayor or his or her designee,but not to exceed thirty
dollars ($30.00).
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5.71.300 State Motor Vehicle Permit and Training and Testing Required:
Before any application is finally passed upon by the Mayor, the applicant shall be
required to show that the applicant has completed training approved by the city and to pass a
satisfactory examination as to: (1) the applicant's knowledge of the City, (2) the applicant's
ability to understand and to speak basic English, and(3) the applicant's understanding of
principles of common courtesy. The applicant shall also show that such applicant has a current
motor vehicle permit issued by the State.
5.71.310 Police Recommendation Form Requirements:
The prospective applicant for ground transportation vehicle driver's license shall be
required to complete two (2)police recommendation forms containing the following information:
A. The names and addresses of four(4)residents of the City who have known
the prospective applicant for a period of thirty(30) days and who will vouch for the
sobriety, honesty and general good character of the applicant;
B. Experience of the prospective applicant in the transportation of
passengers;
C. Educational background of the prospective applicant;
D. A concise history of the applicant's employment.
E. A letter of introduction from the applicant's ground transportation
employer.
5.71.320 Photographs Required:
The prospective applicant shall be required to have two photographs taken of him/her at
police headquarters; applicants for renewal of ground transportation vehicle driver's licenses shall
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furnish an up-to-date photograph or have an additional picture taken at police headquarters, as
shall be determined and directed by the Chief of Police.
5.71.330 Background Check Required:
The prospective applicant shall be required to obtain through the appropriate
governmental agency the results of a Federal Bureau of Investigation(Triple III)background
check on the applicant. Applicant shall authorize said agency to forward said results directly to
the Chief of Police. Applicants for renewal of ground transportation vehicle driver's licenses,
who have previously provided the FBI Triple III background check to the City, shall only be
required to obtain a local and Utah State background check through the police department.
5.71.340 Physician's Certificate Required:
The prospective applicant shall be required to file a certificate from a reputable,board
certified,physician of the City certifying that, in such physician's opinion, the applicant is able to
operate a ground transportation vehicle in a safe manner.
5.71.350 Investigation of Applicant:
A. The Police Department shall conduct an investigation of each prospective
applicant for each ground transportation vehicle driver's license, and shall review all of the
information filed by the applicant as required by this Article. Upon completion of the
investigation,the Chief of Police shall recommend approval or disapproval of the proposed
application to the Mayor on the police recommendation form.
B. It shall be the duty of the Chief of Police to report in writing to the Mayor any
misrepresentation or falsification by the prospective applicant on the police recommendation
form which may be uncovered by the police investigation, and any such misrepresentation or
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falsification will constitute just cause for the Mayor to refuse to issue a ground transportation
vehicle driver's license, or to suspend or revoke the same if it has been issued.
C. The Police Department's recommendation required by subsection A of this
Section shall be based upon:
1. Findings of the criteria specified in Section 5.71.310 of this Article, or its
successor;
2. The Police Department's recommendation may take into account the length of
time between any conviction and the application for the license and may also take into
account the applicant's rehabilitation efforts, if any.
5.71.360 Driver's Qualifications:
A. Except as hereinafter set forth, no permit or renewal of a permit shall be issued to
any of the following persons:
1. Any person under the age of twenty-one (21) years;
2. Any person who is currently required to register pursuant to the Utah Penal
Code, section 77-27-21.5, Utah Code Annotated, sex offender registration, or its
successor;
3. Any person who has been convicted of a crime involving moral turpitude,
narcotic or dangerous drugs, a felony conviction for an offense against a person or
property, unless a period of not less than five (5) years shall have elapsed since the date of
conviction or the date of release from confinement for such offense, whichever is later;
4. Any person who has been convicted of driving a vehicle recklessly within the
five (5)years immediately preceding application for a permit;
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5. Any person who has been convicted of driving a vehicle while under the
influence of alcohol or a controlled substance, or of being in or about a vehicle while
under the influence of alcohol or a controlled substance with the intent of driving such
vehicle,within the five (5)years immediately preceding application for a permit;
6. Any person who has been convicted of three (3) or more felonies;
7. Any person who does not comply with the requirements of Section 5.71.300 of
this Article, or its successor.
B. Notwithstanding the provisions of subsection A3 or A6 of this Section, if the
Mayor or designated agent receives letters or testimony at a hearing, as provided in Chapter 5.02
of this Title,which proves by a preponderance of the evidence that the applicant has reformed
his/her moral character so as to pose no threat to members of the public, the license shall be
issued. Part of the letters or testimony used to establish the preponderance shall come from the
applicant's parole officer, if the applicant is still on parole. Failure to provide a recommendation
from the applicant's parole officer, if the applicant is on parole, shall be grounds to deny the
request.
5.71.370 Hearing Upon Rejection:
If the applicant is rejected, the applicant shall be entitled, upon request, to a hearing
before a hearing examiner as provided in Chapter 5.02 of this Title.
5.71.380 License-Issuance-Contents:
Upon approval of an application for a ground transportation vehicle driver's license, the
City shall issue a license to the applicant that shall bear the name, address, date of birth,
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signature, and photograph of the applicant and the name of the applicant's ground transportation
employer.
5.71.390 License-Display:
Every driver licensed under this Chapter, except for limousine drivers, shall post his or
her ground transportation vehicle driver's license in such a place as to be in full view of all
passengers while such driver is operating a ground transportation vehicle, and every such driver,
including limousine drivers, shall exhibit the license upon demand of any police officer, license
inspector, any authorized agent of the license office of the City, or any other person authorized by
the Mayor to enforce the provisions of this Chapter. Every limousine driver shall exhibit the
license to any passenger of such driver upon request.
5.71.400 License-Duration-Renewal:
The ground transportation vehicle driver's license shall date from approval of issuance by
the City and shall expire the next calendar year on the first day of the same month as the original
approval of issuance. The license shall be renewable annually on the first day following
expiration upon payment of the fee of fifteen dollars ($15.00), unless the license for the
preceding year has been suspended or revoked.
5.71.410 Compliance with City, State and Federal Laws:
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 Mayor.
5.71.420 License-Suspension or Revocation:
The Mayor is hereby given the authority to suspend or revoke any ground transportation
vehicle driver's license issued under this Article for a driver's failing or refusing to comply with
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the provisions of this Chapter. However, a ground transportation vehicle driver's license may not
be suspended or revoked unless the driver has been given notice and has had an opportunity to
present evidence in his or her behalf at a hearing before a mayoral hearing examiner as provided
in Chapter 5.02 of this Title. Notice of such hearing shall be deemed to be sufficient if it is
mailed to the address designated on the ground transportation vehicle driver's license application
at least ten (10) days prior to the hearing.
5.71.430 New License Prohibited Following Revocation:
No driver whose ground transportation vehicle driver's license has been revoked shall
again be licensed as a driver for licensed public vehicles in the City except upon presentation of
reasons satisfactory to the Mayor.
SECTION 3. This ordinance shall take effect immediately upon the date of its first
publication.
Passed by the City Council of Salt Lake City,Utah this 74th day of August ,
2004.
&V.L551)e-
CHAIRPERSON
Ay-EST:
/V-Le-k.P.----
CHIEF DEPUT CITY RECORDER
Transmitted to Mayor on September 7, 2004 APPROVED AS TO FORM
Salt Lake C'ty ttorney's Office
Date /7 'o
By f OiClh�s,
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Mayor's Action: Approved. Vetoed.
M O
alti;dittA•L-
CHIEF DEPUT ITY CORDER
•f • :tA.A
(SEAL) • * �r
Bill No. 69 of 2004. tt CrC3J'
Published: 9-13-04
G:\Ordina04\Amending 5.71 and 5.72 8-26-04 final
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