Loading...
Transmittal - 4/8/2022ERIN MENDENHALL Mayor OFFICE OF THE MAYOR P.O. BOX 145474 451 SOUTH STATE STREET, ROOM 306 SALT LAKE CITY, UT 84114-5474 WWW.SLCMAYOR.COM TEL 801-535-7704 CITY COUNCIL TRANSMITTAL ______________________________ Date Received: Rachel Otto, Chief of Staff Date Sent to Council: TO: Salt Lake City Council DATE: March 24, 2022 Dan Dugan, Chair FROM: Rachel Otto, Chief of Staff to Mayor Mendenhall SUBJECT: Ordinance Protecting Patient Privacy and Rights Near Healthcare Facilities STAFF CONTACTS: Katie Lewis Weston Clark DOCUMENT TYPE: Proposed ordinance RECOMMENDATION: Adopt the proposed ordinance BUDGET IMPACT: None BACKGROUND/DISCUSSION: This proposed ordinance would help protect the privacy and security of patients utilizing or visiting healthcare facilities in Salt Lake City. It would do this by setting clearer guidelines for the proper place for, and the manner of, the exercise of free speech in the vicinity of patients and patient access points of all medical facilities. This ordinance would prohibit: •a person from congregating, patrolling, picketing, or demonstrating in an area that extends 15 feet from the entrance of a healthcare facility; •a person from making an unreasonably loud noise within 30 feet of a healthcare facility, after being ordered to stop or reduce the volume; •a person from using any sound amplification device within 50 feet of a hospital, healthcare facility, or mental health facility; and •a person to remain within 10 feet of an individual approaching a healthcare facility after that person verbally indicates they don’t want to speak with that person. 4/8/2022 4/8/2022 rachel otto (Apr 8, 2022 10:11 MDT) SALT LAKE CITY ORDINANCE No. _____ of 2022 (Ordinance related to buffer zones, enforcement around healthcare facilities) WHEREAS, it is proposed that Section 9.28.110 of the Salt Lake City Code relating to buffer zones around healthcare facilities, be enacted to protect patient access and safety when seeking medical care; NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. Enacting Salt Lake City Code Section 9.28.110. That Section 9.28.110, of the Salt Lake City Code shall be enacted as follows: Article I: DEFINITIONS: For the purposes of this Section, the following terms, phrases, words, and their derivations shall have the meanings given herein. The word "shall" is always mandatory and not merely directory: A. “Entrance” means any ramp, stairway, or walkway extending from the front door of a healthcare facility to the sidewalk or park strip. B. “Person” means either an individual or a group of two or more individuals acting together. C. “Healthcare facility” means a physician's office or mental health facility, or any building in which a medical or mental health practitioner provides medical or mental health services. Article II: PROHIBITIONS AND ENFORCEMENT A. It is unlawful for a person to knowingly congregate, patrol, picket, or demonstrate in a zone extending 15 feet from any entrance to a healthcare facility. B. It is unlawful for a person, after having been ordered by a law enforcement office to cease or reduce the volume of such noise, to make an unreasonably loud noise within 30 feet of the entrance to a healthcare facility. It is unlawful for a person to use any sound amplification device within 50 feet of the entrance to a hospital, healthcare, or mental health facility or office. C. Within 30 feet of a healthcare facility, it is unlawful for a person to remain within ten feet of an individual approaching a healthcare facility after that person verbally indicates they do not want to speak or otherwise engage with the actor. D. Violation: 1. Any person violating this chapter shall be liable for a civil penalty not to exceed $500. 2. If police officers have probable cause to believe a person violated this chapter, they may (but are not required to) give a warning in lieu of a citation. i. If the police have probable cause to believe that a person has violated this chapter within seven days after receiving a warning, the responding officers shall issue a citation to the person E. The provisions of this section A-C of this chapter do not apply to the following individuals while acting in their official capacity: 1. Police and other public safety officers; 2. Fire and rescue personnel; 3. Emergency services personnel; or 4. Employees or agents of the hospital, healthcare facility SECTION 2. Effective Date. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this ______ day of ______________, 2022. ______________________________ Dan Dugan, Council Chair ATTEST AND COUNTERSIGN: ______________________________ CITY RECORDER Transmitted to Mayor on _______________________. Mayor's Action: _______Approved. _______Vetoed. ______________________________ MAYOR ______________________________ CITY RECORDER (SEAL) Bill No. ________ of 2022. Published: ______________. APPROVED AS TO FORM Salt Lake City Attorney’s Office Date:____March 22, 2022 __________________________________ Katherine Lewis, City Attorney