Chapter 5.34
TAXI SERVICES
Sections:
5.34.010 Definition.
5.34.020 Applications.
5.34.030 Financial responsibility.
5.34.040 License—Conditions for issuance.
5.34.050 Forms and terms of driver’s license.
5.34.055 Investigation of applicant.
5.34.060 Denial, revocation or suspension of licenses.
5.34.065 Driver’s qualifications.
5.34.070 Maintenance of records.
5.34.080 Schedule of rates.
5.34.090 Taximeter.
5.34.100 Filing schedule of rates.
5.34.110 Additional passengers.
5.34.120 Conduct of taxicab driver.
5.34.130 Car must take most direct route.
5.34.140 Driver to remain near vehicle.
5.34.150 Duty to transport passengers.
5.34.160 Refusing to pay fare.
5.34.170 Demand of fare in advance.
5.34.180 Duty to disclose information.
5.34.190 Identification.
5.34.200 Record of business.
5.34.210 Intoxicating liquors.
5.34.220 Reciprocity.
5.34.010 Definition.
“Taxicab” means any motor vehicle used for the purpose of transporting persons within the city for hire; provided, that “taxicab” as hereinabove defined shall not include vehicles used in what is commonly known as motor bus operations with a seating capacity of seven persons or more. (Ord. 10/28/2003O-12 (part), 2003: Ord. 12-09-97AA (part), 1997)
5.34.020 Applications.
A. In addition to the information required on the basic license application, all applications for a taxicab license shall contain the make, model, year of manufacture and seating capacity of the taxicab, the Utah state license number for the current year, the engine and factory number of the motor vehicle and the color scheme or combination proposed to be used.
B. Any taxicab licensed through another jurisdiction in the state of Utah shall be recognized as properly licensed within the city of Midvale for the purposes of this chapter. (Ord. 10/28/2003O-12 (part), 2003: Ord. 12-09-97AA (part), 1997)
5.34.030 Financial responsibility.
After approval of the application and prior to the issuance of a taxicab license, the applicant shall submit to the license administrator:
A. An insurance policy in such amounts as the city shall from time to time determine appropriate, executed by an insurance company qualified to do business in the state of Utah, insuring any person against loss or damage to person or property resulting to him or his heirs from the negligent operation of any taxicab operated by or on behalf of the owner thereof;
B. In the event the taxicab is licensed as such by the city, there may be submitted in lieu of the actual policies and/or bonds an affidavit that they are in effect in the amounts prescribed and are on file in Salt Lake City or County and, in such case, the applicant shall keep the same in full force and effect during the whole period for which such taxicab is covered by a license issued hereunder;
C. The taxicab company shall be required to obtain and maintain in full effect liability insurance on the organization as well as each individual vehicle. (Ord. 10/28/2003O-12 (part), 2003: Ord. 12-09-97AA (part), 1997)
5.34.040 License—Conditions for issuance.
A taxicab driver’s license may be issued only after submission to the license administrator of the following:
A. A standard city business license application;
B. A background check obtained from BCI;
C. Proof of insurance as required by this section;
D. Evidence that the applicant has a current motor vehicle chauffeur’s permit issued by the state of Utah, authorizing the transportation of passengers. (Ord. 3/21/2006O-2 Att. A (part), 2006: Ord. 10/28/2003O-12 (part), 2003: Ord. 12-09-97AA (part), 1997)
5.34.050 Forms and terms of driver’s license.
The driver’s license shall be in such form as to contain the photograph and signature of the licensee. It is unlawful for any licensee to deface, remove or obliterate any official entry made upon his license. (Ord. 3/21/2006O-2 Att. A (part), 2006: Ord. 10/28/2003O-12 (part), 2003: Ord. 12-09-97AA (part), 1997)
5.34.055 Investigation of applicant.
A. The police department shall conduct an investigation of each prospective applicant for each taxicab driver’s license, and shall review all of the information filed by the applicant as required by this chapter. The chief of police may request that the applicant provide letters of recommendation. Upon completion of the investigation, the chief of police shall recommend approval or disapproval of the proposed application for the mayor (or designee) 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 falsification will constitute just cause for the mayor (or designee) to refuse to issue a taxicab driver’s license, or to suspend or revoke the same if it has been issued. (Ord. 3/21/2006O-2 Att. A (part), 2006)
5.34.060 Denial, revocation or suspension of licenses.
Upon the recommendation of the police department, based upon a violation of any of the provisions of this chapter or of any of the provisions of any other ordinance of the city, or the laws of the county or state of Utah, or for any immoral, indecent or offensive conduct, the above-mentioned taxicab license and taxicab driver’s license may be either denied, permanently revoked or suspended by the city council for such period of time as the council shall determine. Any suspension of the taxicab driver’s license shall be noted on such license, together with a statement of the reasons therefor, and the licensee shall thereupon be deprived of the license and the driver’s badge until the expiration of the period of the suspension in the event that a suspension only is imposed. A second suspension for the same reason or a third suspension for any reason shall be cause to permanently revoke the driver’s license. No person whose license has been so revoked shall again be permitted to obtain a taxicab driver’s license. (Ord. 3/21/2006O-2 Att. A (part), 2006: Ord. 11/23/2004O-36 (part), 2004: Ord. 10/28/2003O-12 (part), 2003: Ord. 12-09-97AA (part), 1997)
5.34.065 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 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 years shall have elapsed since the date of conviction or the date of release from confinement for such offense, whichever is later. If the person has been convicted of a forcible felony, ten years shall have elapsed before the applicant is eligible for a license;
4. Any person who has been convicted of driving a vehicle recklessly within the five years immediately preceding application for a permit;
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 years immediately preceding application for a permit;
6. Any person not possessing a valid taxicab endorsement license issued by the state;
7. Any person who has been convicted of two or more felonies;
8. Any person who does not comply with the requirements of Section 5.34.050, or its successor.
B. Not withstanding the provisions of subsection (A)(3) or (A)(7) of this section, if the mayor or designated agent receives letters or testimony at a hearing, as provided in Chapter 5.02, 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. (Ord. 3/21/2006O-2 Att. A (part), 2006)
5.34.070 Maintenance of records.
The license administrator shall maintain a complete record of each taxicab license and taxicab driver’s license issued and of all renewals, suspensions and revocations thereof, which record shall be kept on file with the original application for such licenses. (Ord. 10/28/2003O-12 (part), 2003: Ord. 12-09-97AA (part), 1997)
5.34.080 Schedule of rates.
The driver of each taxicab shall display in a conspicuous place in the inside of the vehicle which he is operating where same may be easily read by every person riding therein a schedule of the rates or, if the rates are based on zones, the zone map determining the charges to be assessed. (Ord. 10/28/2003O-12 (part), 2003: Ord. 12-09-97AA (part), 1997)
5.34.090 Taximeter.
A. If the rates to be charged are to be computed by taximeters, it shall be the duty of every person owning or operating such taxicab to keep the taximeter thereon in good and workable condition and at the beginning of every employment to set the taximeter in the usual way so that it will register and compute on a mileage basis while vehicle is running and on a time basis while waiting, and such taximeter shall be so placed that the face thereof where the fare is registered will be plainly visible to passengers within vehicle.
B. No license shall be issued to a taxicab using a taximeter for computing the fare, until the taximeter attached thereto shall have been inspected by the correct agency and found to be correct, and no person shall use or permit to be used upon any taxicab a taximeter which shall be in such a condition as to be over five percent incorrect to the prejudice of any passenger. (Ord. 10/28/2003O-12 (part), 2003: Ord. 12-09-97AA (part), 1997)
5.34.100 Filing schedule of rates.
It is the duty of every operator of a taxicab to file with the license administrator a schedule of the rates to be charged by him in the operation of taxicabs and the method upon which such rates shall be computed. (Ord. 11/23/2004O-36 (part), 2004: Ord. 10/28/2003O-12 (part), 2003: Ord. 12-09-97AA (part), 1997)
5.34.110 Additional passengers.
Whenever a taxicab driver is transporting a passenger or passengers, such passenger or passengers shall have the exclusive right to full and free use of the passenger compartment and it is unlawful for the taxicab driver to solicit or carry an additional passenger or passengers therein, except with the consent of the passenger or passengers then being transported. (Ord. 10/28/2003O-12 (part), 2003: Ord. 12-09-97AA (part), 1997)
5.34.120 Conduct of taxicab driver.
It is unlawful for a taxicab driver, while engaged in operating a taxicab, to obstruct any street or sidewalk; make any loud or unusual noise, disturbance or outcry; use any indecent, profane or obscene language; or be guilty of any boisterous or loud talking or any disorderly conduct; or to harass, vex, annoy or disturb any passenger or other person; or to interfere with, obstruct or impede the free passage of passengers or other persons to or from any depot, theater, home, hotel, public resort, train, or any other building or place; or to seize or grasp, or interfere with any person or package carried by or belonging to such passengers or persons. (Ord. 10/28/2003O-12 (part), 2003: Ord. 12-09-97AA (part), 1997)
5.34.130 Car must take most direct route.
Any driver employed carrying passengers to a definite point shall take the most direct route possible that will carry the passenger safely and expeditiously to his destination. (Ord. 10/28/2003O-12 (part), 2003: Ord. 12-09-97AA (part), 1997)
5.34.140 Driver to remain near vehicle.
It is unlawful for any person while engaged as driver, chauffeur, solicitor or attache of a licensed public vehicle to leave his vehicle for a distance of more than six feet, except for the purpose of securing, when requested, the baggage of his patrons. (Ord. 10/28/2003O-12 (part), 2003: Ord. 12-09-97AA (part), 1997)
5.34.150 Duty to transport passengers.
It is unlawful for any taxicab driver while engaged in operating a taxicab, except as permitted herein, to refuse to convey any person for any lawful purpose, with or without baggage, upon demand and tender of the lawful fare, or having undertaken to convey such person thereafter wilfully to refuse or neglect so to do; provided, that there shall be no duty hereunder for any taxicab driver to transport any person who is in an intoxicated condition or who is acting in a loud, boisterous or unruly manner. (Ord. 10/28/2003O-12 (part), 2003: Ord. 12-09-97AA (part), 1997)
5.34.160 Refusing to pay fare.
It is unlawful for any person having hired any licensed public passenger vehicle, and having ridden therein, to refuse to pay his fare. It is unlawful for any taxicab driver to charge rates different from those so prescribed. (Ord. 10/28/2003O-12 (part), 2003: Ord. 12-09-97AA (part), 1997)
5.34.170 Demand of fare in advance.
The owner or driver of any licensed public passenger vehicle shall have the right to demand in advance the minimum fare of any person employing him, and may refuse to convey any person who shall not comply with such demand. (Ord. 10/28/2003O-12 (part), 2003: Ord. 12-09-97AA (part), 1997)
5.34.180 Duty to disclose information.
It is unlawful for the owner of any particular taxicab or for any taxicab driver, upon being requested so to do by a passenger or officer of the police department, to refuse to give the license number of the taxicab and the name of the taxicab driver thereof. (Ord. 10/28/2003O-12 (part), 2003: Ord. 12-09-97AA (part), 1997)
5.34.190 Identification.
It is unlawful for any taxicab to be operated in the city until the owner thereof shall have affixed in a conspicuous place on the rear window thereof a license plate or required identification which shall be issued by the license administrator upon approval of the same by the council. (Ord. 10/28/2003O-12 (part), 2003: Ord. 12-09-97AA (part), 1997)
5.34.200 Record of business.
Every person engaged in driving a taxicab shall keep a true and exact record of every trip he shall make. Such record shall show the exact time of departure from the place of employment, the place where every stop was made, the length of time that elapsed at such stop, the exact time when the employment terminated, and the place where the passenger, or if more than one, where each passenger was discharged, which record shall at all times be open to the inspection of any law enforcement officer upon demand. (Ord. 10/28/2003O-12 (part), 2003: Ord. 12-09-97AA (part), 1997)
5.34.210 Intoxicating liquors.
It is unlawful for any person while engaged in operating a taxicab to drink intoxicating liquors or alcoholic beverages of any kind, including beer, regardless of the limit of its alcoholic content. (Ord. 10/28/2003O-12 (part), 2003: Ord. 12-09-97AA (part), 1997)
5.34.220 Reciprocity.
Taxicabs duly licensed in another city or county, which have substantially the same requirements as this chapter, shall be required to only fill out an application and pay the per-vehicle fees each year as set forth in Chapter 5.08. (Ord. 10/28/2003O-12 (part), 2003: Ord. 12-09-97AA (part), 1997)