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069 of 2004 - Amending Title 5 relating to ground transportation 0 04-1 T 0 04-23 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). 2 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 3 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 4 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; 5 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, 6 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 7 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, 8 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 9