CHAPTER 9
TAXICABS AND TAXICAB DRIVERS
SECTION:
3-9-2: Taxicab Business License Required
3-9-8: Taxicab Driver’s License
3-9-9: Duties Of Taxicab Driver
3-9-10: Denial, Temporary Suspension, And Revocation Of A License
3-9-1 POLICY:
The corporate boundaries of the city of Garden City lie within the corporate boundaries of the city of Boise. The operation of taxicabs within the cities crosses city boundary lines just as much as the traffic entering and leaving Garden City does. It is in the best interest of Garden City, for the protection of health and safety of its residents, to license and regulate the operation of taxicabs and taxicab drivers. The city of Boise currently has extensive regulations for taxicabs and drivers operating within its jurisdiction. Meeting the regulatory qualifications for a licensed taxicab and driver in the city of Boise is sufficient for the regulatory purposes of Garden City. A second detailed application process is unwarranted for operation in Garden City so long as the taxicabs and drivers who operate within Garden City are licensed in good standing with the city of Boise. (Ord. 942-12, 3-12-2012)
3-9-2 TAXICAB BUSINESS LICENSE REQUIRED:
A. Every person or entity desiring to operate or maintain, or permit to be operated or maintained, or to participate in the operation or maintenance of a taxicab within Garden City limits shall make application to the city clerk of Garden City for a business license to do so. It shall be unlawful for any person or entity to operate or maintain, or permit to be operated or maintained, or to participate in the operation or maintenance of a taxicab within Garden City unless a valid business license therefor has been issued by Garden City.
B. Application for such license shall be made to the city clerk for Garden City in the form prescribed.
C. The application must show that the vehicle(s) has been and is currently licensed by the city of Boise. The actual Boise license must be shown to the city clerk of Garden City whereupon a photocopy of the license will be made. Proof of insurance must also be provided in an amount sufficient to comply with Boise City regulations.
D. Failure to keep and maintain a valid Boise City taxicab license, or revocation by the city of Boise of a license, shall be grounds for revocation of a Garden City taxicab license.
E. The license shall be valid for a period of one year, commencing on June 30. A renewal of such license shall be issued by the city clerk of Garden City upon payment of the license fee on or before June 30 of each year. (Ord. 942-12, 3-12-2012)
3-9-3 LICENSE FEES:
The application fee to own and/or operate a taxicab within Garden City shall be set by the city council by resolution. (Ord. 942-12, 3-12-2012)
3-9-4 LICENSE TRANSFER:
A Garden City taxicab license may be transferred upon proof that the license has been validly transferred by the city of Boise. No Garden City taxicab license may be transferred without the prior approval of the city clerk of Garden City. (Ord. 942-12, 3-12-2012)
3-9-5 PROHIBITED CHARGES:
A. It shall be unlawful for any person to charge, demand, collect or receive any rate, fare or charge which is not directly based, measured and computed upon the record or meter of the taximeter used in the taxicab.
B. Unless specifically hired on an hourly basis by the customer before the beginning of the trip, a taximeter shall be activated and used in all cases where the taxicab vehicle is employed to convey a passenger or passengers. Any discounted fare made by a prearrangement with a customer prior to the beginning of the trip, can result in a charge lower than the calculated fare, but never more than the calculated fare.
C. All drivers of taxicabs employed to carry passengers to a definite point shall take the most direct route possible that will carry the passenger safely and expeditiously to his destination. No other method or means of measuring or computing distance or time shall be used or employed. (Ord. 942-12, 3-12-2012)
3-9-6 FARE RATES:
The fare charged by a taxicab in the city of Garden City shall be the same as established by the city of Boise. Each taxicab must post the Boise City rate card as required by the city of Boise. (Ord. 942-12, 3-12-2012)
3-9-7 PROHIBITED PRACTICES:
It shall be prohibited for any person to:
A. Permit or allow any person to ride on the fenders, hood or any place on the outside of a taxicab;
B. Refuse to pay the regular fare or charge for a taxicab after having hired or employed the same;
C. Carry or transport any person other than those first employing the taxicab, unless the person or persons first employing the taxicab consent to the acceptance of an additional passenger(s);
D. Permit more persons to be carried in a taxicab as passengers other than the rated seated capacity of the taxicab. All passengers shall wear seat belts or safety restraints as required by Idaho law;
E. While in service, refuse or neglect to transport on public or quasi-public roads any orderly person or persons upon request, unless engaged in or in route to a fare. Every taxicab driver shall have the right to demand legal fare in advance if he has reasonable grounds to believe that the fare will not be paid at the completion of the run;
F. Verbally attempt to divert patronage from one hotel, motel or business to another;
G. Permit any person, other than a person licensed by this chapter, to operate or drive a taxicab while in service;
H. Solicit any person, or to assist in the solicitation of any person, to participate in any illicit or unlawful sex acts;
I. Operate or drive a taxicab while consuming, or affected in any way by, any alcoholic beverage, illegal drug, or legal drug which impairs the ability to operate a motor vehicle and for which such warning is published on the product’s label, or to sell any alcoholic beverage to a passenger, or provide any illegal drug to a passenger, or to allow any passenger to consume any alcoholic beverage or illegal drug during transport;
J. Employ a taxicab driver unless such driver is licensed as required by this chapter;
K. Operate a taxicab without a current department of transportation (DOT) medical card from a licensed physician specifically stating that the applicant has met all of the physical requirements as outlined in the Boise City regulations;
L. Operate a taxicab beyond the scope of any restrictions or requirements on the operation of a motor vehicle assigned to the driver on either the DOT medical card from a licensed physician or the driver’s license;
M. Own or lease and maintain a taxicab, or operate a taxicab, without completing and passing taxicab inspections by the Boise City licensing officer, as required by Boise City regulations;
N. Own or lease and maintain a taxicab, or operate a taxicab, without the vehicle being in compliance with Ada County motor vehicle emission regulations;
O. Own or lease and maintain a taxicab, or operate a taxicab, without the body of the taxicab being clearly marked as a taxicab;
P. Own or lease and maintain a taxicab, or operate a taxicab, without the taxicab being equipped with a top light (for hire signal) activated with the taximeter to denote whether or not such taxicab is for hire, which must be permanently affixed on the roof of the taxicab, clearly visible from the vehicle, and illuminated so it is visible at night;
Q. Operate a taxicab while carrying passengers or while under employment, and illuminate a top light (for hire signal) so as to denote that such vehicle is not employed;
R. Operate a taxicab without keeping a daily record of all calls made and passengers transported that shall show the time and place when and where the passenger(s) was secured and taken, and the number of passengers, which shall be kept by the operator at their place of business for at least six (6) months, and which shall be open at any and all times for inspection by any designated officer of Garden City or law enforcement officer;
S. Operate, or permit or allow the operation of, a taxicab for hire upon the streets of Garden City unless such taxicab is equipped with a taximeter that automatically registers the amount of the fare, which shall automatically be computed and registered in proportion to the miles traveled by the taxicab, or which amount of fare shall automatically be computed and registered by a combination of miles traveled and time elapsed, and which shall indicate the amount of the fare by dollars and cents;
T. Have in their possession any taxicab business license that has been suspended, revoked, or that has expired; or
U. Not fully comply with any provision of this chapter where the offense does not have a particular prescribed punishment by a different clause or section of this chapter. (Ord. 942-12, 3-12-2012)
3-9-8 TAXICAB DRIVER’S LICENSE:
A. Every person desiring to drive, operate or have charge of a taxicab within Garden City limits shall make application to the city clerk for a license to do so. Such application shall be made upon blanks furnished by the city clerk and shall be filled out and signed by the applicant in the applicant’s handwriting.
B. The application must also show that the applicant has been and is currently licensed by the city of Boise. The actual license must be shown to the city clerk whereupon a photocopy of the license will be made. Proof of insurance must also be provided in an amount sufficient to comply with Boise City regulations.
C. Upon approval by the city clerk, a taxicab driver’s license shall be issued to the applicant. Such license shall contain the applicant’s full name, physical description, and a photograph of the applicant which is a reasonable likeness.
D. Failure to keep and maintain a valid Boise City taxicab driver’s license, or revocation by the city of Boise of a license, shall be grounds for revocation of a Garden City taxicab driver’s license.
E. The license shall be valid for a period of one year, and will be renewable on the anniversary date of issuance. A renewal license fee shall be charged by the city clerk as established by resolution. (Ord. 947-12, 7-9-2012)
3-9-9 DUTIES OF TAXICAB DRIVER:
It shall be prohibited for any person to operate a taxicab without a valid Garden City taxicab driver’s license posted in the vehicle whenever the person is driving, operating, or in charge of any taxicab, so as to be in full and clear view of any passenger in the rear seat of the taxicab, or to permit the use or possession of the license by another, or to fail or refuse upon demand of any Garden City officer, police officer, peace officer, sheriff, deputy sheriff or passenger to exhibit the license for inspection. (Ord. 942-12, 3-12-2012)
3-9-10 DENIAL, TEMPORARY SUSPENSION, AND REVOCATION OF A LICENSE:
A. Upon denial by the city clerk of Garden City of any license application under this chapter, the applicant shall have the right to appeal such denial to the city council.
B. Any licensed owner or licensed operator of a taxicab vehicle within Garden City shall have their Garden City taxicab license revoked if their Boise City taxicab license is revoked, and will be ineligible for reapplication or reinstatement of their taxicab license for a period of five (5) years. Any licensed owner or licensed operator of a taxicab vehicle within Garden City who pleads guilty to, is found guilty of, or receives a withheld judgment for any of the following infractions or crimes, may have their taxicab license revoked and be ineligible for reapplication or reinstatement of their taxicab license for a period of five (5) years: conducting, operating, maintaining, or permitting the operation of an unlicensed taxicab; violating Idaho Code section 18-8004 or 18-8004C, regardless of the type of vehicle the licensed owner or licensed operator was operating at the time of the violation; operating a taxicab while failing to maintain a valid proof of insurance as provided by Idaho Code section 49-1232; or violating any provision of this chapter.
1. Any operation of a taxicab during the period of revocation shall be deemed a separate offense for each day of such operation.
C. Any licensed owner or licensed operator of a taxicab vehicle within Garden City shall have their Garden City taxicab license temporarily suspended if their Boise City taxicab license is temporarily suspended. Any licensed owner or licensed operator of a taxicab vehicle within Garden City, who violates any provision of the Idaho Code or this code, in addition to the criminal or civil penalties prescribed by law for such violation, and the revocation provisions of this chapter, may be subject to a temporary suspension of their Garden City taxicab license. Temporary suspensions shall be for a period not to exceed one hundred eighty (180) days. Such temporary suspension shall be effective at twelve o’clock (12:00) midnight on the third day following the date written notice is sent to the licensed owner or licensed operator. A license may be temporarily suspended even though no criminal charge or infraction is filed.
1. Any operation of a taxicab during the period of a temporary suspension shall be deemed a separate offense for each day of such operation.
D. Revocation and temporary suspension procedures shall be initiated by the city clerk of Garden City who shall make the initial determination whether there are sufficient grounds to revoke or suspend the license. Written notice of intent to revoke or suspend shall be provided to the licensed owner and/or operator.
E. Upon revocation or suspension of a taxicab business or driver’s license, the licensed owner or licensed operator shall have the right to appeal such revocation or suspension to the city council. Any notice of appeal of a denial, temporary suspension, or revocation of a license must be served upon the city clerk of Garden City in person within seven (7) calendar days after the denial. The city clerk of Garden City shall present the basis for the denial, suspension, or revocation of a license. The applicant will then be given an opportunity to rebut the evidence provided by the city clerk of Garden City. (Ord. 942-12, 3-12-2012)
3-9-11 PENALTY:
A. Infractions: It is an infraction for any person or entity to violate any of the following sections of this chapter unless otherwise specifically provided: section 3-9-4; subsections 3-9-5C; 3-9-7A, C, D, E, F, K, L, M, N, O, P, Q, R, U; and section 3-9-9 of this chapter. Infractions under this chapter are punishable by a fine of one hundred dollars ($100.00) plus court costs unless otherwise specifically provided. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
B. Misdemeanors: It is a misdemeanor for any person or entity to violate any of the following sections of this chapter unless otherwise specifically provided: subsections 3-9-2A; 3-9-5A, B; section 3-9-6; subsections 3-9-7B, G, H, I, J, S, T; 3-9-8A; 3-9-10B1, and C1 of this chapter. Misdemeanors under this chapter are punishable as provided in section 1-4-1 of this code unless otherwise specifically provided. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. (Ord. 942-12, 3-12-2012)