Chapter 5.16
VEHICLES FOR HIRE
Sections:
5.16.020 Certificate of public convenience and necessity – Required.
5.16.030 Certificate of public convenience and necessity – Application – Filing fee.
5.16.040 Certificate of public convenience and necessity – Application – Hearing.
5.16.050 Taxicab and rent vehicle drivers’ permits – Required – Conditions for issuance.
5.16.060 Taxicab and rent vehicle drivers’ permits – Denial or revocation – Appeal.
5.16.090 Maintenance requirements for equipment.
5.16.100 Operating regulations.
5.16.110 Stands for taxicabs or rent vehicles.
5.16.010 Definitions.
Unless otherwise expressly stated, whenever used in this chapter, the following terms shall be construed as in this section set out:
A. “Driver” shall mean every person in charge of, or operating, any taxicab or rent vehicle, as defined in subsection (B) of this section, either as agent, employee or otherwise under the direction of the owner, or as owner.
B. “Rent vehicle” shall mean every automobile or other vehicle or public transportation conveyance, used for the transportation of passengers for hire over the public streets of the city excluding publicly owned and operated vehicles and taxicabs, as defined in subsection (C) of this section, and not equipped with a taximeter, as defined in subsection (D) of this section.
C. “Taxicab” shall mean every automobile or motor-propelled vehicle operated at rates per mile, or for wait-time, or for both, and equipped with a taximeter, used for the transportation of passengers for hire over the public streets of the City and not over a defined route and irrespective of whether the operations extend beyond the boundary limits of the City, and such vehicle is routed as to destination under the direction of such passenger or passengers, or of such persons hiring the taxicab.
D. “Taximeter” shall mean any mechanical instrument, appliance, device or machine by which the charge for hire of a passenger-carrying vehicle is mechanically calculated, either for distance traveled or time consumed, or both, and upon said instrument, appliance, device or machine such charge is indicated by figures. (Ord. 584 § 1, 2002).
5.16.020 Certificate of public convenience and necessity – Required.
A. No person shall engage in the business of operating any taxicab or rent vehicle in the City without first having obtained from the Council a certificate of public convenience and necessity as provided in this chapter.
B. All persons applying for such a certificate shall file with the Council a verified application which shall set forth:
1. A full identification of the applicant and all persons to be directly or indirectly interested in the permit, if granted;
2. The residence and business address and the citizenship of the applicant, including all members of any firm or partnership, or all officers and directors of any corporation applying;
3. The exact nature of the proposed business for which the permit is requested, and the name under which it is to be operated;
4. Whether or not any permit of the applicant has been revoked, and, if so, the circumstances of such revocation;
5. The number of vehicles proposed to be operated;
6. The complete description of the vehicles proposed to be operated and of the proposed operations;
7. The color scheme and characteristic insignia to be used to designate the vehicles of said owner;
8. Such other further and additional information as the Council may require. (Ord. 584 § 1, 2002).
5.16.030 Certificate of public convenience and necessity – Application – Filing fee.
A filing fee of $10.00 shall accompany each application for a certificate of public convenience and necessity. (Ord. 584 § 1, 2002).
5.16.040 Certificate of public convenience and necessity – Application – Hearing.
A. Upon filing of the fully completed application for the certificate of public necessity and convenience the City Clerk shall fix the time for a public hearing thereon before the Council for the purpose of determining whether the public convenience and necessity require the proposed taxicab or rent vehicle service. No certificate shall be granted until the Council shall, after the hearing, declare by resolution that the public convenience and necessity require the proposed taxicab or rent vehicle service.
B. Notice of the time and place of the public hearing before the Council shall be published once in a newspaper of general circulation in the City, the publication to be not more than five days before the hearing, and the cost of the publication to be at the expense of the applicant, or the Council may dispense with said newspaper publication and in lieu thereof post the notice in one public place in the City at least five days before the hearing.
C. Nothing in this chapter shall be construed to prohibit the granting by the Council without notice of a temporary certificate of public convenience and necessity which shall be valid for a period not to exceed 60 days from the date issued, provided the Council determines that there is a public emergency requiring the same, and the Council may, in considering an application for a temporary certificate, waive notice of hearing or any other or all formalities or requirements of applicants under this chapter.
D. The Council, in determining whether public convenience and necessity require the taxicab or rent vehicle service for which the application is made, shall investigate and consider:
1. The demand of the public for additional taxicab or rent vehicle service;
2. The adequacy of the existing taxicab or rent vehicle service;
3. The financial responsibility and experience of the applicant;
4. The number, make and type of the equipment and the color scheme to be used;
5. The effect of the service on the health, safety and general welfare of the City, the public, and/or any animals used for public transportation; and
6. The adequacy of any operating guidelines or procedures for protection of animal health, safety and general welfare.
E. The Council, in acting upon said application, may deny any such application if the Council determines that:
1. There is a reasonable cause rendering the proposed operation undesirable or inadequate to the City;
2. There is insufficient public need or demand for the proposed operation;
3. The vehicle proposed to be operated is inadequate or unsafe;
4. The applicant has been convicted of a felony or the violation of a narcotic law or of any penal law involving moral turpitude or any provision of the Vehicle Code, or of any ordinance relating to traffic or use of streets in the City;
5. The proposed color scheme or characteristic insignia will tend to confuse the identification of the vehicles proposed to be operated with those of another owner operating in the City;
6. The service will be detrimental to the health, safety and general welfare of the City, the public, and/or any animals used for public transportation;
7. Lack of any adequate operating guidelines or procedures for the protection of animals’ health or general welfare.
F. If the Council declares, by resolution, that public convenience and necessity require the additional taxicab or rent vehicle service, it may issue or conditionally issue a certificate to that effect to the persons entitled thereto and may impose such conditions in connection with the certificate as it deems necessary to secure the purposes of this chapter and may require guarantees or evidence that such conditions are being or will be complied with. The Council may in its discretion determine the number of permits to be granted not exceed one. No certificate authorized under this chapter shall be issued to any person who has not fully complied with all the necessary requirements of this chapter.
G. If the service permitted under this chapter is for any reason discontinued for a period of 45 days, the certificate granted shall be automatically canceled and shall be restored only in accordance with the provisions of this section.
H. The Council may at any time revoke or suspend the certificate granted:
1. If the owner’s record of operation is unsatisfactory;
2. If the owner fails to operate taxicabs or rent vehicles in accordance with the provisions of this chapter;
3. If the owner discontinues or suspends operation of taxicabs or rent vehicles for a period of 45 days without permission first had and obtained; or
4. If taxicabs or rent vehicles are operated at a rate of fare other than that approved by the Council.
I. All certificates which have been suspended or revoked by the Council shall be surrendered to the City Clerk, and the operation of all taxicabs or rent vehicles covered by such certificates shall cease and be unlawful. Any owner who retires and does not replace any taxicab or rent vehicle for a period of 45 days shall immediately surrender to the City Clerk the certificate granted for such taxicab or rent vehicle. (Ord. 584 § 1, 2002).
5.16.050 Taxicab and rent vehicle drivers’ permits – Required – Conditions for issuance.
A. No person shall operate or drive a taxicab or rent vehicle in the City without first having obtained a written permit to do so from the Chief of Police. To secure such permission, a written application must be filed with the Chief of Police accompanied by a fee in an amount as set by resolution. Said permits shall not be transferable.
B. The Chief of Police shall not issue a permit and may revoke a permit that has been granted:
1. If the applicant is under 18 years of age;
2. If the applicant does not possess a valid driver’s license issued by the State;
3. If the applicant has been convicted of driving under the influence of intoxicating liquor or drugs within the past five years;
4. If the applicant has been convicted of any offense involving the possession of narcotics, dangerous drugs or controlled substances;
5. If the applicant has been involved in, and found to be the driver responsible for, any accident resulting in the death of or injury to another;
6. If the applicant has been convicted of any sexual offense or any offense involving moral turpitude; or
7. If the applicant violates any provisions of this chapter.
C. Upon satisfying the requirements set forth in subsections (A) and (B) of this section, the applicant shall be fingerprinted, and the applicant’s record filed in the office of the Police Department, and thereupon a permit shall be issued, which permit shall be fixed in a conspicuous place in the taxicab or rent vehicle so as to be seen from the passenger’s compartment, and which permit shall set forth the name, address and telephone number of the owner of the taxicab or rent vehicle.
D. If a driver changes employment to a different owner the driver shall, within 24 hours thereafter, notify the Chief of Police for the purpose of having the driver’s permit changed so as to properly designate the name of the new employer.
E. When issued, the driver’s permit shall be valid for one year from the date of issuance, unless the same has been revoked for any of the causes set forth in this section. The driver, in making application for a renewal of the permit, shall follow the same procedure as set forth in making an original application. (Ord. 628 § 2, 2006; Ord. 584 § 1, 2002).
5.16.060 Taxicab and rent vehicle drivers’ permits – Denial or revocation – Appeal.
A. The Chief of Police is authorized and directed to revoke and cancel, without previous notice, any permit granted under this chapter whenever any owner or driver violates any of the provisions of this chapter.
B. A person may appeal the denial or revocation of any permit by the Chief of Police by filing a notice of appeal to the City Council with the City Clerk within 10 days of the Chief’s action.
C. In the event no appeal is timely filed, the permit shall be deemed denied or revoked.
D. Any person whose permit is revoked shall not be eligible to apply for another permit for a period of one year from the date of such revocation. (Ord. 584 § 1, 2002).
5.16.070 Public liability.
A. No owner or operator shall drive or operate a taxicab or rent vehicle or cause the same to be driven or operated in the City, and no license for the operation thereof shall be granted unless and until there is on file with the City Clerk, and in full force and effect at all times while such taxicab or rent vehicle is being operated, a policy of insurance approved by the City Attorney. The policy shall be with a solvent and responsible company authorized to do business in the State, insure the owner of such taxicab or rent vehicle and give the manufacturer’s number and State license number. The policy shall insure against loss by reason of injury or damage that may result to persons or property from the negligent operation or defective construction of such taxicab or rent vehicle, or for any other cause.
B. The policy of insurance shall guarantee the payment to any and all persons suffering injury or damage to person or property in any final judgment rendered against such owner or driver, irrespective of the financial condition or any acts or omissions of such owner or driver, and shall insure to the benefits of such persons.
C. If, at any time, such policy of insurance is canceled by the company issuing the same, or the authority of the company to do business in the State is revoked, the City Clerk shall require the owner to replace such policy with another policy satisfactory to the City Attorney and in default thereof the owner’s license to operate shall be revoked. (Ord. 584 § 1, 2002).
5.16.080 Rates of fare.
The Council shall, by resolution, fix the rate of fare for all taxicabs. The rate of fare for rent vehicles shall be established by the owner of each rent vehicle operated within the City. The rate of fare shall be posted in a conspicuous location within the taxicab or rent vehicle and shall be visible to the occupant upon entering the taxicab or rent vehicle. (Ord. 584 § 1, 2002; Ord. 441 § 1, 1988).
5.16.090 Maintenance requirements for equipment.
All public passenger vehicles for hire shall be under the supervision and control of the Chief of Police. No driver shall operate any taxicab or rent vehicle in the City, while same or any equipment used thereon, or therewith, shall be unsafe, defective or in an unsanitary condition. Every taxicab or rent vehicle shall be at all times subject to the inspection of any police officer of the City. (Ord. 584 § 1, 2002).
5.16.100 Operating regulations.
A. Any driver employed to transport passengers to a definite point shall take the most direct route that will take the passengers to their destination.
B. If requested, every driver shall give a receipt upon payment of the correct fare. In case of a dispute the matter shall be determined by the officer in charge at the police station. It is unlawful for anyone to fail to comply with such determination.
C. It is unlawful for any person, except where credit is extended, to refuse to pay the lawful fare as fixed in this chapter, for the use of any taxicab or rent vehicle after hiring same.
D. It is unlawful for any driver, operating under a permit issued pursuant to the terms of this chapter, to refuse, when the vehicle is in service and not otherwise engaged, to transport any person who presents for carriage in a sober and orderly manner and for a lawful purpose. (Ord. 584 § 1, 2002).
5.16.110 Stands for taxicabs or rent vehicles.
A. The Council shall designate, in writing, stands upon public streets to be occupied by taxicabs or rent vehicles, after any permit has been issued as provided in this chapter.
B. Before any designation of stands is made, the council will consider the opinions of the tenant of the ground floor of any building fronting the space where the stand is to be located, or the building owner, in the event the ground floor is not occupied.
C. The stand permit shall specify the name and address of the permittee and the number of vehicles authorized thereunder, and it is unlawful for the owner or operator of any vehicle for hire, other than the permittee, to use the stand designated under such permit, and when such stand is occupied, no other vehicle shall loiter or wait nearby.
D. Any stand designated, as provided in this chapter, may be revoked and it is unlawful for any taxicab or rent vehicle to occupy the stand after such revocation.
E. No taxicab or rent vehicle shall, while awaiting employment, stand on any street or place other than upon a designated stand, nor shall any operator of a taxicab or rent vehicle, while awaiting employment, drive so as to interfere with vehicular traffic. (Ord. 584 § 1, 2002).