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Legislative Version Ordinance - 12/20/20221 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 4 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 5 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