Chapter 5.20 TAXICABS

The provisions of this chapter do not apply to qualified not-for-profit groups, entities or organizations, or to carriers who, as part of their normal operating procedure, contract with passengers more than 24 hours prior to transportation. [Ord. 1038-2001. Code 2000 § 111.01.]

5.20.020 Definitions.

For purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

“License” means a license to allow an individual to drive a permitted taxicab in the city.

“Permit” means a permit for the utilization of a taxicab in the city, issued upon the approval and by order of the Board of Public Works and Safety.

“Person” means an individual, partnership or corporation.

“Taxicab” means a motor vehicle used for the performance of a contract for the transportation of passengers or groups of passengers for hire, to and from points chosen or designated by the passengers or groups of passengers, and running over any available route between such points. [Ord. 1038-2001. Code 2000 § 111.02.]

5.20.030 Taxicab permit required.

It shall be unlawful for any person to engage in the business of operating a taxicab service without a valid taxicab permit for each taxicab and/or to allow an individual to operate a taxicab without a taxicab license as required by this chapter. Such violation is punishable by a fine in an amount not in excess of the maximum allowed by law. [Ord. 1038-2001. Code 2000 § 111.03.]

Penalty: See AMC 5.20.200.

5.20.040 Authority of Board of Public Works and Safety.

(A) The Board of Public Works and Safety (hereinafter the Board), subject to the approval of the Common Council, is vested with the power and authority and it shall be its duty to enforce and carry out the terms of this chapter.

(B) The Board shall have the power and authority to prescribe and administer rules and regulations in conformity with the provisions of this chapter including the establishment of fees for licenses and permits.

(C) The Board shall keep on file the names of each person engaged in the taxicab business with the date and complete record of all applications and supporting information.

(D) In addition to maintaining a list of permittees, the Board shall assign a serial body number to each motor vehicle described in such list as originally filed or amended and each such number shall be placed opposite the description of such motor vehicle in such list. [Ord. 1038-2001. Code 2000 § 111.04.]

5.20.050 Unlawful to operate for compensation.

It shall be unlawful for any person to operate a taxicab for compensation:

(A) With the knowledge that the vehicle or operator is not licensed or permitted pursuant to this chapter.

(B) To transport a greater number of passengers than the rated seat capacity of the taxicab.

(C) To fail to answer all calls received in the order of receipt, unless the licensee reasonably believes the receipt of a call will place him/her at risk of bodily harm.

(D) To refuse to provide services on the basis of the short length of the prospective ride.

(E) To pick up additional passengers without prior consent of the passengers already in the taxicab.

(F) To use a taxicab for any unlawful purpose either by the operator, permittee, or passenger. [Ord. 1038-2001. Code 2000 § 111.05.]

Penalty: See AMC 5.20.200.

Article II. Permit Requirements

5.20.060 Application for taxicab permit.

Any person desiring to operate taxicabs upon any public street or in any public place within the city shall file an application for a permit with the clerk of the Board upon a form which the Board shall provide. Such applications shall be verified under oath and shall furnish the following:

(A) Name of applicant.

(B) Name of the applicant’s business and whether the business is owned individually, as a partnership, or a corporation.

(D) Applicant’s business mailing address.

(E) Applicant’s business phone number.

(F) Applicant’s home address and home phone number.

(G) The number of permits requested.

(H) Make, model, vehicle ID number, title number and state license plate number for each vehicle to be permitted.

(I) Vehicle inspection report executed by an ASE-certified mechanic indicating that the vehicle to be permitted is safe and qualified for public transportation as per applicable provisions of 49 C.F.R. Part 396.

(J) The trade name under which the business will operate, the telephone number that will be used by customers to contact the business for service, and the color scheme of the vehicle the applicant intends to operate.

(K) The names and addresses of any and all persons holding a 10 percent or greater beneficial interest in the applicant’s business or company.

(L) The type and amount of communication equipment which the applicant intends to own or lease for use in the business.

(M) The days per week and the hours per day that the taxi would be available to customers.

(N) A statement that the applicant intends to purchase a policy of insurance which conforms to the requirements for insurance set out in this chapter.

(O) Such other information as the Board may require. [Ord. 1038-2001. Code 2000 § 111.10.]

5.20.070 Denial of taxicab permit.

(A) A taxicab permit may be denied or revoked by the Board for failure to comply with any part of this chapter. The Board shall notify the applicant in writing of the denial of any application or renewal of a permit, which notice is a final order 15 days after it is issued unless it is appealed as provided in subsection (B) of this section.

(B) Any applicant denied a permit or renewal thereof by the Board may appeal the Board’s decision in the following manner: An applicant may file a petition for reconsideration with the Board within 15 days of issuance and request a hearing thereon. At any such hearing, to be held by the Board, the applicant, owner, or permittee shall be provided the opportunity to present witnesses and documentary evidence, to be represented by counsel, and to examine all witnesses presented. The applicant shall be notified by mail following the hearing with a written order stating the Board’s decision and the basis therefor. Such order, together with the original order, which was appealed, is the final order. Any applicant may appeal the final order as provided by state law.

(C) Any applicant denied a permit shall be entitled to a refund of the license fee. [Ord. 1038-2001. Code 2000 § 111.11.]

5.20.080 Taxicab service to be provided.

All persons holding city taxicab permits shall procure the services of a business office with sufficient employees to answer all calls during the hours of operation. [Ord. 1038-2001. Code 2000 § 111.12.]

Penalty: See AMC 5.20.200.

5.20.090 All taxicab permits to be kept active.

All persons holding city taxicab permits must maintain in safe operating condition, as per certification by an ASE-certified mechanic pursuant to the applicable provisions of 49 C.F.R. Part 396, the vehicles for which the permits were issued. In the event a vehicle for which a permit was issued becomes inoperable or unsafe, the person holding the permit shall notify the Board immediately and shall discontinue said vehicle’s use as a taxicab. Said person shall have 90 days from the date of such notification to make the vehicle operable and/or safe or to purchase a replacement vehicle. If the vehicle has not been made operable or safe within 90 days, the permit for that vehicle shall be revoked. [Ord. 1038-2001. Code 2000 § 111.13.]

Penalty: See AMC 5.20.200.

5.20.100 Maintaining taxicab driver information.

Every holder of a permit to operate taxicabs, as provided in this chapter, shall maintain on file in his own office the name, photograph, fingerprints, current address and the chauffeur’s license number of each of his drivers. [Ord. 1038-2001. Code 2000 § 111.14.]

Penalty: See AMC 5.20.200.

5.20.110 Liability insurance.

(A) During the term of a permit issued pursuant to this chapter, the permittee or owner of a taxicab authorized by the permit shall maintain in full force and effect, at no cost to the city, a comprehensive auto and general liability insurance policy. Said policy shall be issued by a reputable insurer and shall provide the following:

(1) Liability coverage in an amount not less than $1,000,000 aggregate.

(2) That the city, its officers, employees and agents are to be named as additional insureds under the policy.

(3) That the policy will operate as primary insurance and that no other insurance effected by the city or other named insured will be called on to contribute to a loss covered thereunder.

(4) Coverage for all losses and damages specified in AMC 5.20.120.

(5) That no cancellation, change in coverage or expiration by the insurance company or the insured shall occur during the term of the taxicab permit, without 30 days’ written notice to the Board prior to the effective date of such cancellation or change in coverage.

(B) Proof of insurance shall be made as part of the application for a taxicab permit. [Ord. 1038-2001. Code 2000 § 111.15.]

Penalty: See AMC 5.20.200.

5.20.120 Indemnification – Liability.

The permittee and taxicab owner shall assume the defense of, and indemnify and hold harmless, the city, its officers, employees and agents from and against all actions, claims, losses, damages, liability, costs and expenses of every type and description including but not limited to attorney fees, to which any or all of them may be subjected by reason of or resulting from directly or indirectly, in whole or in part, the acts or omissions of the permittee or the permittee’s agents, officers or employers, or the owner directly or indirectly arising from the operation of a taxicab. The foregoing is not intended to and shall not be construed to limit any responsibilities or liability that the permittee or owner may be subjected to under other laws. [Ord. 1038-2001. Code 2000 § 111.16.]

Penalty: See AMC 5.20.200.

Article III. Taxicab Driver License

5.20.130 Taxicab driver license application procedure.

Applications for a taxicab driver license shall be obtained and shall be filed with the Board. Such applications shall be verified under oath and shall contain the following:

(A) The name and address of applicant.

(B) The number of a valid Indiana chauffeur’s license issued to applicant, and date of license expiration.

(C) A statement of whether the applicant’s driver license (of any type issued by any state) has ever been revoked or suspended and, if so, the reason for such revocation or suspension together with the applicant’s current Bureau of Motor Vehicles driver’s license abstract extending back seven years.

(D) A list of each conviction of the applicant. The list shall, for each such conviction, set forth the date of arrest, the offense charged, and the offense of which the applicant was convicted.

(E) A list of the applicant’s physical or mental disabilities or incapacities. With respect to each such disability or incapacity, applicant shall state whether the same would interfere with the proper management and control of a motor vehicle.

(F) A statement as to whether applicant is or ever has been addicted to the use of alcohol or any controlled substance defined in the state code.

(G) A list of all prescription medication which applicant takes on a regular or episodic basis.

(H) Such other information as may be required by the Board to further the purpose of this chapter.

(I) The applicant shall consent to and authorize a criminal background check and shall provide fingerprints and execute requisite forms and supply the prescribed fees to facilitate such check. The applicant shall consent to and authorize a seven-year driver’s license history. [Ord. 1038-2001. Code 2000 § 111.25.]

5.20.140 Issuance of taxicab driver license.

(A) A taxicab driver license shall be issued by the Board upon receipt of a complete application and payment of the license fee so long as the following conditions are met:

(1) No grounds for permit denial or revocation exist; and

(2) After fingerprinting of the applicant by the Police Department and submission of two recent dated photographs, one to be attached to the application and one to be attached to the driver license, if issued.

(B) All licenses shall expire one year from the date of issuance unless sooner revoked. A license is not transferable. [Ord. 1038-2001. Code 2000 § 111.26.]

5.20.150 Display of taxicab driver license.

The driver of every taxicab shall have the license visibly displayed in such vehicle at all times and shall produce it upon demand of any passenger or police officer. [Ord. 1038-2001. Code 2000 § 111.27.]

Penalty: See AMC 5.20.200.

Article IV. Suspension and Revocation of Permits and Licenses

5.20.160 Taxicab driver license denial or refusal to renew.

(A) A taxicab driver license may be denied by the Board on the following grounds:

(1) The applicant failed to submit a complete application.

(2) The applicant failed to submit fingerprinting and photographs.

(3) The applicant has knowingly made a false statement of fact required to be revealed in the license application.

(4) The applicant has a driving record which can reasonably be viewed as indicating that the applicant is an unsafe driver.

(5) The applicant:

(a) Has been convicted of any act involving dishonesty, fraud or deceit with intent to substantially benefit himself or herself or another, or substantially injure another; or

(b) Has a felony conviction within the past five years or is currently on parole or probation. Provided however, that the license shall be denied upon any grounds specified in this subdivision only if in the opinion of the Board the crime, act, disability, incapacity or impairment from a substance consumed is substantially related to or shall adversely affect the qualifications, functions or duties of the applicant.

(B) The Board shall notify the applicant in writing of the denial of any application or renewal of a license, which notice is a final order 15 days after it is issued unless it is appealed. Any applicant denied a license or renewal thereof by the Board may appeal the Board’s decision in the following manner: An applicant may file a petition for reconsideration with the Board within 15 days of issuance and request a hearing thereon. At any such hearing, to be held by the Board, the applicant, owner, or licensee shall be provided the opportunity to present witnesses and documentary evidence, to be represented by counsel, and to examine all witnesses presented. The applicant shall be notified by mail following the hearing with a written order stating the Board’s decision and the basis therefor. Such order, together with the original order, which was appealed, is the final order. Any applicant may appeal the final order as provided by state law.

(C) Any applicant denied a license shall be entitled to a refund of the license fee. [Ord. 1038-2001. Code 2000 § 111.35.]

5.20.170 Grounds for suspension or revocation.

For the violation of any of the provisions of this chapter regulating the operating and use of taxicabs in the city and any regulation issued by the Board pursuant to the authority conferred upon such Board by virtue of the provisions of this chapter, the Board or the city may, upon motion of such Board or any member thereof, revoke or suspend any permit or license issued under the provisions of this chapter. [Ord. 1038-2001. Code 2000 § 111.36.]

5.20.180 Unscheduled inspections.

Upon motion of the Board, a permittee may be required to have the permitted vehicle examined by an AES-certified mechanic for compliance with the applicable safety requirements of 49 C.F.R. Part 396. Failure to comply or failure of the permitted vehicle to meet safety requirements, shall result in revocation of said permit. [Ord. 1038-2001. Code 2000 § 111.37.]

5.20.190 General requirements.

Each taxicab shall be kept clean on the interior. Each taxicab shall be equipped with a fire extinguisher, flares, and first aid kit. Each taxicab shall clearly and plainly post the fees and charges, or in the alternative, the fees and charges for a particular trip shall be reduced to writing and signed by the customer prior to transport. A license or permit may be renewed annually upon the same manner and upon the same basis as the original license or permit. [Ord. 1038-2001. Code 2000 § 111.38.]

Penalty: See AMC 5.20.200.

5.20.200 Penalty.

Whoever shall violate any provision of this chapter for which no other penalty is set forth shall be subject to the penalty provision set forth in Chapter 1.15 AMC. [Code 2000 § 111.99.]