Transmittal - 12/20/2022
Erin J. Mendenhall
Mayor
CITY COUNCIL TRANSMITTAL
Date Received:
Lisa Shaffer, Chief Administrative Officer Date sent to Council:
TO: Salt Lake City Council DATE:
Dan Dugan, Chair
FROM: Ashley Lichtle, Mayor’s Office
FROM: Kaletta Lynch, Chief Equity Officer
SUBJECT: Public Accommodation Closed Captioning Ordinance
STAFF CONTACTS: Ashley Lichtle, ADA Coordinator,
Ashley.Lichtle@slcgov.com
DOCUMENT TYPE: Ordinance
RECOMMENDATION: Approve the attached ordinance requiring places of public accommodations to enable
closed captioning on all televisions in places accessible to the public, per recommendation of the Accessibility
and Disability Commission.
BUDGET IMPACT: None.
BACKGROUND/DISCUSSION:
Televisions are used in many public spaces, such as hospitals, doctor’s office waiting rooms, airports, bars,
restaurants, gyms, coffee shops, bus stations, and other public accommodations. The use of televisions in these
public spaces allows the public to engage in a collective experience such as watching sports, passing time while
waiting for a service or obtaining news in emergencies- such as information about the COVID-19 pandemic.
About one in five Americans have some type of hearing loss in one or both ears and do not have access to
information in the same way as those who can hear. To provide an equitable experience for our deaf or hard of
hearing residents and visitors in these public places, places of public accommodation can activate closed
captioning and thereby ensure those individuals are able to fully participate in or experience the full benefits of the
public televisions. Cities such as San Francisco, CA, Ann Arbor, MI, Portland, OR, Rochester, NY and Seattle,
WA have closed captioning ordinances and Maryland, New York, and Minnesota have implemented statewide
laws.
Having closed captioning enabled in public spaces will provide equal access for all deaf and hard of hearing people
but many other people can benefit. Closed captioning can provide better access for veterans with hearing loss, the
12-19-2022
Lisa Shaffer (Dec 20, 2022 10:22 MST)
12/20/2022
12/20/2022
elderly, people with autism or sensory disabilities, ADHD, dyslexia, learning disabilities, down syndrome and
auditory neuropathy, and people who are learning English as a second language or are limited English proficient
(LEP). In a noisy environment, hearing people can benefit from having the captions turned on and such enhanced
access can be helpful when there's an emergency broadcast.
Public accommodations subject to turning on closed captions would not incur a cost because all televisions since
1990 now have a captioning feature built in due to the Television Decoder Circuitry Act of 1990. Managers of
public accommodations would simply have to learn how to access the television’s menu if they did not already
know how. Closed caption activation guides for various streaming platforms can also be provided to places of
public accommodation through the Mayor’s Office of Equity and Inclusion website.
Who wouldn’t be required to participate in this?
• Public accommodations that don't have any televisions in a public area,
• Locations where the only television in the space cannot display closed captioning, or
• Locations selling different models of televisions, where such models are available for viewing, would only
be required to ensure that at least one television for each model has the closed captioning on.
1
SALT LAKE CITY ORDINANCE
No. of 2023
(Activation of Closed Captioning on Televisions in Public Areas)
An ordinance enacting chapter 10.08 of the Salt Lake City Code requiring activation of
closed captioning on televisions located in public areas.
WHEREAS, the City Council of Salt Lake City (the “Council”) desires to
promote the full and equal access to all citizens and visitors alike in the interest of
eliminating isolation and segregation and encouraging that gathering and participation of
all persons;
WHEREAS, the 2000 United States Census found over 19% of the population has
disabilities and 17% of those individuals have a sensory disability;
WHEREAS, the provision of closed captioning of television monitors in public
areas of congregation, including, small businesses, social recreations facilities, and other
buildings generally accessible to the public promotes full communication access for
people who are deaf or hard of hearing;
WHEREAS, the provision of closed captioning of television monitors in public
areas of congregation, including, small businesses, social recreations facilities, and other
buildings generally accessible to the public also assists many non-native English
speakers; and
WHEREAS, the provision of closed captioning on television monitors in public
areas of congregation, including small businesses, social recreation facilities, and other
2
buildings generally accessible to the public can be provided easily and at little or no cost
to the owner or occupant of such buildings;
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That Chapter 10.08 of the Salt Lake City Code shall be, and hereby
is, enacted to read as follows.
Chapter 10.08
CLOSED CAPTIONING IN PLACES OF PUBLIC CONGREGATION
10.08.010 - TITLE.
10.08.020 – INTENT AND PURPOSE.
10.08.030 - DEFINITIONS.
10.08.040 – ACTIVATION OF CLOSED CAPTIONING.
10.08.050 – ENFORCEMENT AND PENALTIES.
10.08.010 - TITLE.
This chapter shall be known as the "Closed Captioning Ordinance" of Salt Lake City.
10.08.020 – INTENT AND PURPOSE.
Hearing loss has been identified as a significant problem affecting many residents and
visitors to Salt Lake City. Requiring activation of closed captioning on compatible
television receivers while in use in places of public congregation improves the health,
safety, and welfare of the city by increasing available channels of communication to
persons who are deaf or hard of hearing.
10.08.030 - DEFINITIONS.
For the purposes of this chapter, the following words and phrases shall have the
meanings described in this section:
(1) Closed captioning means a transcript or dialog of the audio portion of a
television program that is displayed on a portion of a television receiver screen
when the user activates the feature.
3
(2) Closed-captioned television receiver means a receiver of television
programming that has the ability to display closed captioning, including but not
limited to a television, digital set top box, and other technology capable of
displaying closed captioning for television programming.
(3) Place of public congregation means a business, an educational institution, or
a refreshment, entertainment, recreation, health, or transportation facility of any
kind, whether licensed or not, whose goods, services, facilities, privileges,
advantages, or accommodations are extended, offered, sold, or otherwise made
available to the public.
(4) Responsible person means an owner, employee, manager, or agent with the
authority to control a closed-captioned television receiver in a place of public
congregation.
10.08.040 – ACTIVATION OF CLOSED CAPTIONING.
(1) A responsible person must activate, and leave activated, closed captioning
on any closed-captioned television receiver while the closed-captioned
television receiver is in use in any part of the place of public congregation that
is open to the general public.
(2) A responsible person is not required to:
(a) Turn on a closed-captioned television receiver that is off;
(b) Provide a closed-captioned television receiver in the place of public
congregation; or
(c) Upgrade or replace a receiver of television programming that is
incapable of displaying closed captioning.
10.08.050 – ENFORCEMENT AND PENALTIES.
(1). A peace officer or other city enforcement official may issue civil notices of
violation to responsible persons who violate the provisions of this chapter.
Notices of violation shall be adjudicated as civil violations in accordance with the
procedures set forth in title 2, chapter 2.75 of this Code.
(2). The following penalties shall be imposed where a notice of violation is
issued for a violation of this chapter:
(a). Where a notice of violation has been issued for a first violation of this
chapter, such notice of violation shall constitute a written warning.
4
(b) Where a notice of violation has been issued for a second violation of
this chapter, the recipient of such notice of violation shall pay a civil
penalty of fifty dollars ($50.00).
(c). Where a notice of violation has been issued for a third violation of
this chapter, the recipient of such notice of violation shall pay a civil
penalty of one hundred dollars ($100.00).
(d). Where a notice of violation has been issued for a fourth or subsequent
violation of this chapter, the recipient of such notice of violation shall pay
a civil penalty of two hundred dollars ($200.00).
(e). Any reference to second, third, fourth, and subsequent violations
refers to repeat violations of the same section of City code chapter 10.08
that occur within a twenty-four (24) month period.
SECTION 2. That this ordinance shall become effective immediately upon
publication.
Passed by the City Council of Salt Lake City, Utah this day of
2023.
CHAIRPERSON
ATTEST:
CITY RECORDER
Transmitted to Mayor on .
Mayor’s Action: Approved. Vetoed.
MAYOR
CITY RECORDER
5
(SEAL)
Bill No. of 2023.
Published:
APPROVED AS TO FORM
Date: December 14, 2022
By:
Jaysen Oldroyd, Senior City Attorney
1
LEGISLATIVE DRAFT
1
2 SALT LAKE CITY ORDINANCE
3 No. of 2023
4
5 (Activation of Closed Captioning on Televisions in Public Areas)
6
7 An ordinance enacting chapter 10.08 of the Salt Lake City Code requiring activation of
8 closed captioning on televisions located in public areas.
9
10 WHEREAS, the City Council of Salt Lake City (the “Council”) desires to
11 promote the full and equal access to all citizens and visitors alike in the interest of
12 eliminating isolation and segregation and encouraging that gathering and participation of
13 all persons;
14 WHEREAS, the 2000 United States Census found over 19% of the population has
15 disabilities and 17% of those individuals have a sensory disability;
16 WHEREAS, the provision of closed captioning of television monitors in public
17 areas of congregation, including, small businesses, social recreations facilities, and other
18 buildings generally accessible to the public promotes full communication access for
19 people who are deaf or hard of hearing;
20 WHEREAS, the provision of closed captioning of television monitors in public
21 areas of congregation, including, small businesses, social recreations facilities, and other
22 buildings generally accessible to the public also assists many non-native English
23 speakers; and
24 WHEREAS, the provision of closed captioning on television monitors in public
25 areas of congregation, including small businesses, social recreation facilities, and other
2
LEGISLATIVE DRAFT
26 buildings generally accessible to the public can be provided easily and at little or no cost
27 to the owner or occupant of such buildings;
28 NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
29 SECTION 1. That Chapter 10.08 of the Salt Lake City Code shall be, and hereby
30 is, enacted to read as follows.
31 Chapter 10.08
32
33 CLOSED CAPTIONING IN PLACES OF PUBLIC CONGREGATION
34 35 36 10.08.010 - TITLE. 37 10.08.020 – INTENT AND PURPOSE. 38 10.08.030 - DEFINITIONS. 39 10.08.040 – ACTIVATION OF CLOSED CAPTIONING. 40 10.08.050 – ENFORCEMENT AND PENALTIES.
41
42 10.08.010 - TITLE.
43 This chapter shall be known as the "Closed Captioning Ordinance" of Salt Lake City.
44 10.08.020 – INTENT AND PURPOSE.
45 Hearing loss has been identified as a significant problem affecting many residents and
46 visitors to Salt Lake City. Requiring activation of closed captioning on compatible
47 television receivers while in use in places of public congregation improves the health,
48 safety, and welfare of the city by increasing available channels of communication to
49 persons who are deaf or hard of hearing.
50 10.08.030 - DEFINITIONS.
51 For the purposes of this chapter, the following words and phrases shall have the
52 meanings described in this section:
53 (1) Closed captioning means a transcript or dialog of the audio portion of a
54 television program that is displayed on a portion of a television receiver screen
55 when the user activates the feature.
3
LEGISLATIVE DRAFT
56 (2) Closed-captioned television receiver means a receiver of television
57 programming that has the ability to display closed captioning, including but not
58 limited to a television, digital set top box, and other technology capable of
59 displaying closed captioning for television programming.
60 (3) Place of public congregation means a business, an educational institution, or
61 a refreshment, entertainment, recreation, health, or transportation facility of any
62 kind, whether licensed or not, whose goods, services, facilities, privileges,
63 advantages, or accommodations are extended, offered, sold, or otherwise made
64 available to the public.
65 (4) Responsible person means an owner, employee, manager, or agent with the
66 authority to control a closed-captioned television receiver in a place of public
67 congregation.
68 10.08.040 – ACTIVATION OF CLOSED CAPTIONING.
69 (1) A responsible person must activate, and leave activated, closed captioning
70 on any closed-captioned television receiver while the closed-captioned
71 television receiver is in use in any part of the place of public congregation that
72 is open to the general public.
73 (2) A responsible person is not required to:
74 (a) Turn on a closed-captioned television receiver that is off;
75 (b) Provide a closed-captioned television receiver in the place of public
76 congregation; or
77 (c) Upgrade or replace a receiver of television programming that is
78 incapable of displaying closed captioning.
79 10.08.050 – ENFORCEMENT AND PENALTIES.
80 (1). A peace officer or other city enforcement official may issue civil notices of
81 violation to responsible persons who violate the provisions of this chapter.
82 Notices of violation shall be adjudicated as civil violations in accordance with the
83 procedures set forth in title 2, chapter 2.75 of this Code.
84
85 (2). The following penalties shall be imposed where a notice of violation is
86 issued for a violation of this chapter:
87
88 (a). Where a notice of violation has been issued for a first violation of this
89 chapter, such notice of violation shall constitute a written warning.
90
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LEGISLATIVE DRAFT
91 (b) Where a notice of violation has been issued for a second violation of
92 this chapter, the recipient of such notice of violation shall pay a civil
93 penalty of fifty dollars ($50.00).
94
95 (c). Where a notice of violation has been issued for a third violation of
96 this chapter, the recipient of such notice of violation shall pay a civil
97 penalty of one hundred dollars ($100.00).
98
99 (d). Where a notice of violation has been issued for a fourth or subsequent
100 violation of this chapter, the recipient of such notice of violation shall pay
101 a civil penalty of two hundred dollars ($200.00).
102
103 (e). Any reference to second, third, fourth, and subsequent violations
104 refers to repeat violations of the same section of City code chapter 10.08
105 that occur within a twenty-four (24) month period.
106
107
108 SECTION 2. That this ordinance shall become effective immediately upon
109 publication.
110
111 Passed by the City Council of Salt Lake City, Utah this day of
112 2023.
113
114
115
116
117
118
ATTEST:
CHAIRPERSON
119
120 CITY RECORDER
121
122
123 Transmitted to Mayor on .
124
125 Mayor’s Action: Approved. Vetoed.
126
127
128
129
130
131 MAYOR
132
133 CITY RECORDER
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LEGISLATIVE DRAFT
134
135
136
137
138
(SEAL)
Bill No.
of 2023.
139
140
141
142
143
144
Published:
APPROVED AS TO FORM
Date:
By:
Jaysen Oldroyd, Senior City Attorney