Chapter 7.04
DEFINITIONS – TAXICAB COMMISSION Revised 7/18
Sections:
7.04.010 Definitions. Revised 7/18
7.04.020 Utqiaġvik taxicab commission. Revised 7/18
7.04.030 Utqiaġvik taxicab commission – Powers and duties. Revised 7/18
7.04.040 Utqiaġvik taxicab commission – Regulations. Revised 7/18
7.04.050 Utqiaġvik taxicab commission – Rates. Revised 7/18
7.04.070 Enforcement authority.
7.04.080 Permit required. Revised 7/18
7.04.090 Fees. Revised 7/18
7.04.010 Definitions. Revised 7/18
When used in Chapters 7.04 through 7.36:
“Charter” means a service offered by a chauffeur to transport passengers in a taxicab over unfixed and undefined routes in exchange for a fee that is based upon hourly rates.
“Chauffeur” means a person authorized by the executive director to operate a taxicab or shuttle service vehicle pursuant to Chapter 7.12.
“Commission” means the Utqiaġvik taxicab commission.
“Executive director” means the chief administrative officer of the Utqiaġvik taxicab commission or his or her designee.
“License” means a chauffeur’s license issued by the Utqiaġvik taxicab commission to persons authorized to operate vehicles for hire pursuant to Chapter 7.12.
“Operate” means to drive, pick up, transport or dispatch passengers.
“Permit” means a permit issued in accordance with Chapter 7.08, unless expressly limited.
“Permittee” means a person authorized to provide taxicab and/or shuttle service pursuant to Chapter 7.08, unless expressly limited.
“Rate” means every rate, toll, fare, rental charge or other form of compensation demanded, observed, charged or collected by a taxicab in return for its services.
“Shared ride” means a service for nonexclusive passenger taxicab for hire offered by a taxicab in and between the geographic zones established by the taxicab commission.
“Shuttle service” means a service provided to passengers by shuttle service vehicles between designated stopping points in the city, Monday through Friday except holidays, in accordance with this title and applicable regulations promulgated by the Utqiaġvik taxicab commission.
“Shuttle service vehicle” or “SSV” means a chauffeur-driven motor vehicle, other than a taxicab, offered for hire having a manufacturer’s stated seating capacity of nine to fifteen persons including the driver, which is used to provide shuttle service between designated stopping points in the city, Monday through Friday except holidays, to passengers in accordance with this title and applicable regulations promulgated by the Utqiaġvik taxicab commission.
“Taxicab” means a chauffeured motor vehicle used to transport passengers for hire having a manufacturer’s rated seating capacity of nine passengers or less, including driver, and not operated over fixed or defined routes. (Ord. 02-2017 §2(part); Ord. 2005-05 §2(part): Ord. 2002-02 §2: Ord. 99-05 §3(part))
7.04.020 Utqiaġvik taxicab commission. Revised 7/18
A. The Utqiaġvik taxicab commission shall be composed of five members who are current residents of the city of Utqiaġvik, and have been residents for at least thirty days before appointment.
B. Members shall be confirmed by the council. Not more than one member of the commission shall be a person who has a permit issued under Chapter 7.08, a chauffeur’s permit issued under Chapter 7.12, or who otherwise has an interest in the taxicab industry in Utqiaġvik. Such a member may not vote on any matter in which the member has a substantial financial interest as defined in Section 2.26.030(B). If an existing member of the commission becomes a person with an interest in the taxicab industry in Utqiaġvik, he or she shall immediately disclose that interest and shall forfeit his or her seat, unless the industry seat is vacant. The application for membership on the commission shall provide for disclosure of any interest in the taxicab industry. Three members shall constitute a quorum. Members of the commission shall serve three-year staggered terms. The executive director shall serve as an ex officio member of the commission.
C. Vacancies shall be confirmed by the city council at the next regularly scheduled city council meeting after the vacancy is declared; provided, that this allows at least two weeks for the solicitation of letters of interest from the community. A vacancy may be declared by either the commission or the city council. A position on the commission shall be deemed vacant under the following conditions:
1. The member submits a letter of resignation;
2. The member no longer resides in Utqiaġvik;
3. The member has missed two consecutive regularly scheduled meetings of the taxicab commission;
4. For good cause as determined by the city council.
D. The commission shall hold at least four public hearings annually. For each of the meetings of the taxicab commission, taxicab commissioners in attendance shall be compensated at the rate of one hundred twenty-five dollars, except when there is no quorum to open the meeting. Permittees are strongly encouraged to attend the meetings. (Ord. 02-2017 §2(part); Ord. 04-2012 §§4, 5; Ord. 2008-06 §2(part): Ord. 2005-05 §2(part): Ord. 2003-01 §2: Ord. 2002-07 §2: Ord. 99-05 §3(part))
7.04.030 Utqiaġvik taxicab commission – Powers and duties. Revised 7/18
A. The Utqiaġvik taxicab commission shall regulate all taxicabs, SSVs, and chauffeurs in accordance with this title, except for those vehicles for hire which the commission determines to be subject to a comprehensive regulatory program established by Alaska or federal law.
B. The commission shall hold at least four public hearings annually to investigate the quality of services rendered by taxicabs and SSVs, and shall make such recommendations to the council as it deems necessary for the improvement of taxicab and SSV services.
C. The commission or its designee may administer oaths, certify to all official acts, and issue subpoenas and any other process to compel the attendance of witnesses and the production of testimony, records, papers, accounts and documents in an inquiry, investigation, hearing or proceeding before the commission. The commission may petition a court of this state to enforce its subpoenas or other process.
D. The commission shall conduct its public hearings in accordance with this code and Alaska law and any other governing law regarding notices of accusation or civil citations however referred to in this chapter. In conducting its hearings, the commission shall make rulings regarding the admission of evidence and procedure and prepare a proposed decision. A designated member of the commission shall be charged with promulgating such decisions under this section. All such hearings shall be concluded with the commission’s decision made and based upon the record.
E. The commission shall establish and collect permit and license fees in accordance with this title. (Ord. 02-2017 §2(part); Ord. 2008-06 §2(part); Ord. 2005-05 §2(part): Ord. 99-05 §3(part))
7.04.040 Utqiaġvik taxicab commission – Regulations. Revised 7/18
A. Pursuant to Chapter 2.08, the commission may promulgate regulations relating to the licensing and conduct of chauffeurs, the permitting and conduct of permittees, and the operation of taxicabs and SSVs not inconsistent with the provisions of this title.
B. The commission shall promulgate regulations which establish shuttle service routes, designated stopping points in the city, hours of operation, and similar operational issues for shuttle service within the city.
C. Each taxicab owner is required by the taxicab commission to be in attendance at each and every taxicab commission meeting. In the event that a taxicab owner is not able to attend the taxicab commission quarterly meeting, the taxicab company owner may send one of his/her drivers to participate on the owner’s behalf. A violation of this provision shall be an infraction, and any person convicted of such a violation shall be subject to a fine of not more than three hundred dollars. (Ord. 02-2017 §2(part); Ord. 14-2016 §3; Ord. 2005-05 §2(part): Ord. 99-05 §3(part))
7.04.050 Utqiaġvik taxicab commission – Rates. Revised 7/18
A. By regulation, the commission:
1. Shall establish minimum/maximum rates to be charged for taxicab service;
2. Shall establish minimum/maximum rates to be charged for shared ride service;
3. Shall establish minimum/maximum rates to be charged by SSVs for shuttle service, provided in accordance with the regulations promulgated by the commission under Section 7.04.040(B).
B. All rates established by the commission shall be nondiscriminatory.
C. Each cab company shall set a uniform rate to be charged by all chauffeurs operating taxicabs or the SSV under the cab company’s permit. This uniform rate shall be within the maximum rates established by the commission. Every chauffeur operating a cab or the SSV under the cab company’s permit shall charge only those rates that have been established by the cab company.
D. A statement of cab rates charged by a taxicab company shall be conspicuously posted on the interior and exterior of every taxicab operated under the cab company’s permit in a manner prescribed by the taxicab commission executive director. Similarly, a statement of SSV rates charged by a permittee’s SSV shall be conspicuously posted on the interior and exterior of the SSV operated under the cab company’s permit in a manner prescribed by the taxicab executive director.
E. A minimum of seven days’ public notice is required before a cab company may change its rates for taxicab or shuttle service. This public notice shall be in the manner established by the commission.
F. No chauffeur shall charge taxicab or SSV rates greater than those established by the commission pursuant to this section. (Ord. 02-2017 §2(part); Ord. 2005-05 §2(part): Ord. 99-05 §3(part))
7.04.060 Executive director.
A. The mayor shall appoint an executive director of the commission, who shall serve at the pleasure of the mayor. Appointment of the executive director shall be subject to council approval.
B. The executive director shall:
1. Act as recording secretary to the commission;
2. Keep records relating to taxicabs and SSVs licensed under this title;
3. Investigate, inspect and examine vehicles, drivers, records and any and all things related to the operation of taxicabs and SSVs to assure that the provisions of this title are enforced and obeyed;
4. Receive and process all applications for permits and licenses; and
5. Perform those ministerial duties of the commission which are delegated by the commission. (Ord. 2005-05 §2(part): Ord. 99-05 §3(part))
7.04.070 Enforcement authority.
The executive director shall have the power of a peace officer to enforce the terms of this code throughout the city and to enforce the terms of this title by issuing citations. (Ord. 2005-05 §2(part): Ord. 99-05 §3(part))
7.04.080 Permit required. Revised 7/18
A. No person may provide taxicab or SSV service as provided by this title, unless that person:
1. Is a permittee in possession of a valid permit issued to him or her under this chapter; or
2. Has entered into an agreement with a permittee which allows that person to provide taxicab services pursuant to the permittee’s authority.
B. No permittee shall allow another person to provide service under the authority of his or her permit except as allowed in subsection A of this section. Any permittee who allows another person to provide service under the authority of his or her permit shall be responsible for assuring that the person is knowledgeable with and abides by the statutes, ordinances and regulations relating to the operation of taxicabs and SSVs in Utqiaġvik.
C. No person may operate a vehicle as a taxicab or SSV unless that vehicle is described on a permit issued in accordance with subsection A of this section.
D. No person may provide taxicab or SSV service pursuant to a permit, except in accordance with this title.
E. No person may provide shared ride service pursuant to a permit, except in accordance with this title. (Ord. 02-2017 §2(part); Ord. 2005-05 §2(part): Ord. 99-05 §3(part))
7.04.090 Fees. Revised 7/18
All fees collected pursuant to this section shall be used for the operations of the Utqiaġvik taxicab and shuttle service program. The following fees shall be payable to the city at the office of the executive director:
A. One hundred dollars shall accompany any application to change the vehicle operated as a taxicab or SSV. Each application shall require a separate one hundred dollar fee;
B. Three thousand dollars shall be paid for the initial issuance or annual renewal of a permit and shall include one taxicab. The permit fee is due at the time of application for an initial permit, and shall be due by December 31st prior to the year in which a renewal is requested. The fee for initial issuance shall be reduced to one thousand five hundred dollars when:
1. The original permit is issued after July 1st; or
2. The original permit is issued for a period of six months or less;
C. Five hundred dollars per taxicab or SSV which shall be paid if the permittee is authorized to operate more than one taxicab or is authorized to operate one SSV. This fee shall be paid annually or for any part of a year and must be submitted at the same time as the fee in subsection B of this section is submitted for the initial permit or the annual renewal, unless the permittee receives authorization for an increase in the number of taxicabs allowed under the permit subsequent to the time of the fee submission pursuant to this section. Regardless of the number of taxicabs authorized on the previous year’s permit, the permittee shall receive authorization for only up to that number of taxicabs for which the proper fee is submitted with the application for renewal;
D. Five hundred dollars per taxicab authorized as a substitute vehicle;
E. Two hundred dollars shall be paid for the issuance or annual renewal of any chauffeur’s license, and fifty dollars shall be paid to obtain temporary permission for the applicant to continue operating under a previously issued license if the applicant has not yet obtained a physician’s certificate in accordance with the provisions of Section 7.32.010(C);
F. Fifty dollars shall be paid for each chauffeur’s license issued to replace a lost license;
G. Three hundred dollars shall be paid for each appeal from a decision of the executive director to deny an application for a chauffeur license. Such fee shall be refunded if it is subsequently determined that the executive director exceeded his or her authority;
H. Five hundred dollars shall be paid for each appeal from a decision of the executive director to deny an application for a permit. Such fee shall be refunded if it is subsequently determined that the executive director exceeded his or her authority. (Ord. 02-2017 §2(part); Ord. 03-2016 §3; Ord. 2005-05 §2(part): Ord. 2002-02 §3: Ord. 99-05 §3(part))