Chapter 3.10
TAXICABS, BUSES AND VEHICLES FOR HIRE

Sections:

3.10.010    Operation without license prohibited.

3.10.020    Minimum qualifications.

3.10.025    Application process.

3.10.030    Causes for denial of license.

3.10.032    Medical certificate requirements and stipulations.

3.10.035    Issuance of license and fee.

3.10.040    Renewal.

3.10.050    Cancellation or denial.

3.10.060    Appeal.

3.10.070    Posting.

3.10.080    Motor bus license, regulations.

3.10.090    Taxicab license, regulations.

3.10.095    Issuance and renewal of taxicab licenses.

3.10.100    Taxicab identification.

3.10.105    Denial or revocation of taxicab or motor bus licenses.

3.10.107    Appeals from taxicab or motor bus determinations.

3.10.108    Transfer of taxicab or motor bus license.

3.10.109    Code of conduct.

3.10.110    Definitions.

3.10.120    Violation—Penalty.

3.10.010 Operation without license prohibited.

No person shall drive, operate or keep for pay or hire within the city, any taxicab, or motor bus without first having obtained from the city a chauffeur’s license to drive same, together with the appropriate taxicab or motor bus license for operating or keeping the same for pay or hire, or both of such licenses, as the case may be. (Ord. O-93-6-6 § 1 (part), 1994)

3.10.020 Minimum qualifications.

No person shall be issued a chauffeur’s license to drive a taxicab or motor bus, and no person shall permit any person to drive any such vehicle within the city, unless such driver shall first have met the following minimum qualifications and has been issued the appropriate licensing by the city of Nome:

(a) The applicant must possess a valid Alaska driver’s license for the classification of vehicle being operated;

(b) The applicant must provide proof that he/she is nineteen years of age or older at the time of application;

(c) The applicant must be a person of good moral character as defined in NCO Section 3.10.110;

(d) The applicant must furnish a copy of a current criminal history obtained within seven days prior to the date of application reflecting the criminal history of the applicant; and

(e) The applicant must possess a valid Alaska commercial driver’s license or a medical certificate completed within three months of application establishing that the applicant’s health meets the minimum standards of 49 CFR Part 391.41(a) through 391.41(b)(13) of the Federal Motor Carrier Safety Regulations (FMCSRs). (Ord. O-19-01-06 § 2, 2019: Ord. O-11-09-02 § 1, 2011)

3.10.025 Application process.

(a) Each applicant for a chauffeur’s license shall complete a chauffeur’s license application provided by the city, and submit the completed form to the city clerk for review and examination. Applications must be complete and signed under penalty of perjury in the presence of a notary public for the state of Alaska.

(b) Each applicant for a chauffeur’s license shall complete a signed and witnessed city of Nome authorization for release form.

(c) Each application shall be accompanied by the following:

(1) A photo copy of the applicant’s valid Alaska driver’s license;

(2) Proof of age as attested to by certified birth certificate, United States government passport, or other acceptable official government documentation;

(3) A copy of a current criminal history and driving history obtained within seven days prior to the date of application reflecting the criminal and driving history of the applicant to include criminal and driving history from any out-of-state jurisdiction where the person has resided within five years of the application date;

(4) A copy of a medical certificate completed within three months of application establishing that the applicant’s health meets the minimum standards of 49 CFR Part 391.41 of the Federal Motor Carrier Safety Regulations (FMCSRs);

(5) Two complete “ten-print” applicant fingerprint cards completed by a certified authority;

 

(6) Two passport quality color digital photographs taken within seven days of the application. One photograph shall be filed with the application and the second shall be affixed to any chauffeur’s license issued by the city to the applicant.

(d) Upon receipt of a completed application packet, the chief of police or his/her designee will review the application packet to determine if the applicant qualifies for a chauffeur’s license. The chief of police will approve or deny applications in a manner consistent with this chapter.

(e) Each applicant for a chauffeur’s license may be required to undergo an examination by the chief of police, or by such person as may be designated by the chief of police, concerning: their independent ability to communicate, orally and in writing; traffic laws of the state of Alaska; rules of the road; and the operation of motor vehicles within the city. Such examination may be oral or in writing, as the chief of police may designate.

(f) The applicant shall deposit a fee of fifty dollars with the city clerk for processing and administration of the application process. Such fee shall be nonrefundable. (Ord. O-11-09-02 § 2, 2011)

3.10.030 Causes for denial of license.

(a) A person shall be denied a chauffeur’s license if:

(1) The person has been convicted within the past three years in any jurisdiction of a misdemeanor or felony offense with elements similar to any offense defined in Alaska Statutes, Title 11, Chapters 11.41 through 11.73. The following chapters apply:

(A) Chapter 41, Offenses Against the Person.

(B) Chapter 45, Offenses Against the Public Peace.

(C) Chapter 46, Offenses Against Property.

(D) Chapter 51, Offenses Against the Family and Vulnerable Adults.

(E) Chapter 55, Weapons.

(F) Chapter 56, Offenses Against Public Administration.

(G) Chapter 61, Offenses Against Public Order.

(H) Chapter 66, Offenses Against Public Health and Decency.

(I) Chapter 71, Controlled Substances.

(J) Chapter 73, Imitation Controlled Substances.

(2) The person has been convicted in any jurisdiction of a felony crime with elements similar to any felony offense defined in AS 11.41 (Offenses against the person);

(3) The person has been convicted of a felony, any portion of the sentence of which was served within five years immediately preceding the application;

(4) The person is habituated or addicted to alcoholic beverages or any substance listed in AS 11.71.140 through 11.71.190 as evidenced through criminal history, background investigation or other means;

(5) The person fails to comply with the provisions of NCO Section 3.10.020 or 3.10.025; or

(6) The applicant has been convicted within three years of the date of application in any jurisdiction of a misdemeanor or felony offense with elements similar to any offense listed in Alaska Statutes, Title 28, Chapters 28.15, 28.20, 28.22, and 28.35. The following chapters apply:

(A) Chapter 15, Drivers’ Licenses.

(B) Chapter 20, Motor Vehicle Safety Responsibility Act.

(C) Chapter 22, Mandatory Motor Vehicle Insurance.

(D) Chapter 35, Offenses and Accidents.

(b) Upon violation of any of the traffic laws of the state of Alaska or upon being observed operating a taxicab in an unsafe manner by any police officer, a person holding a chauffeur’s license may be required to undergo an additional examination by the chief of police, or by such person as may be designated by the chief of police concerning the traffic laws of the state of Alaska, rules of the road, and the operation of motor vehicles. Such examination may be oral or in writing, or partly oral or partly in writing, as the chief of police may designate. The license holder may, likewise, at the discretion of the chief of police, be required to undergo an actual road test to determine their driving ability, and to demonstrate their skill and ability to safely handle a motor vehicle, such test to be given under the supervision of the chief of police, or by the chief’s designee. (Ord. O-11-09-02 §§ 3, 4, 2011; Ord. O-05-05-01 §§ 4, 5, 2005: Ord. O-93-6-6 § 1 (part), 1994)

3.10.032 Medical certificate requirements and stipulations.

(a) All medical examinations will comply with the requirements of 49 CFR Part 391.41 of the Federal Motor Carrier Safety Regulations (FMCSRs).

(b) The applicant for a chauffeur’s license shall submit to drug screening using approved methods to determine the presence of any of the following controlled substances in the blood or urine of the applicant.

(1) Any opiate;

(2) Any opiate derivative;

(3) Any hallucinogenic substance;

(4) Any amphetamine;

(5) Any depressant;

(6) Any stimulant; or

(7) Any other substance subject to emergency scheduling per 49 CFR Part 391.41.

(c) No person shall be issued a medical certificate if they are found to be unable to, or physically unqualified to, drive and control a commercial motor vehicle at all times.

(d) Disqualifying Medical Conditions.

(1) Loss of, or impairment of, a foot, leg, hand or arm unless a waiver has been granted under 49 CFR Part 391.49 to include:

(A) Impairment of the hand or fingers that interferes with normal grasping or movement;

(B) Impairment of an arm, leg or foot that interferes with the ability for normal movement or completion of normal duties of a chauffeur while operating a commercial vehicle;

(2) Medical history of or clinical diagnosis of any medical condition where likeliness of loss of consciousness, disorientation, or inability to control a commercial motor vehicle is present, to include the following:

(A) Diabetes mellitus requiring insulin for control;

(B) Any coronary disease where the possibility of loss of consciousness or disorientation may occur. Examples include:

(i) Heart attack or any condition resulting from insufficient blood supply to the heart (chest pain, coronary blockages, congestive heart failure, etc.)

(ii) Uncontrolled or uncontrollable high or low blood pressure.

(iii) Stroke or other debilitating coronary disease.

(C) Any respiratory disease where the possibility of loss of consciousness or disorientation may occur. Examples include:

Emphysema, chronic uncontrolled asthma, and chronic obstructive pulmonary disease.

(D) Epilepsy.

(3) Any disease or deformity of the muscles, bones or the circulatory system such as rheumatism, arthritis, or muscular dystrophy.

(4) Any mental, nervous or psychiatric disorder.

(5) Current clinical diagnosis of alcoholism or addiction to drugs, controlled or otherwise.

(e) Minimum Vision and Hearing Requirements.

(1) Duplex vision correctable to 20/40 in each eye; with seventy degrees of vision using both eyes; and normal color orientation with the ability to distinguish colors of traffic signs as well as red, green and amber.

(2) Normal hearing or corrected hearing as demonstrated by Audiogram or manual methods. (Ord. O-11-09-02 § 5 (part), 2011)

3.10.035 Issuance of license and fee.

(a) When the applicant for a chauffeur’s license shall have duly furnished all the information required and met the standards for issuance of a chauffeur’s license under this chapter, a chauffeur’s license shall be issued to the applicant by the city of Nome.

(b) Chauffeur’s licenses shall expire at the end of the calendar year in which it is issued and can be renewed as indicated in NCO Section 3.10.040.

(c) If so issued, the application fee of fifty dollars shall be considered an administrative inspection fee, and as a license fee for the calendar year in which the license is issued. (Ord. O-11-09-02 § 5 (part), 2011)

3.10.040 Renewal.

(a) Chauffeur’s licenses may be renewed from year to year, and such renewal licenses shall cover the period from the first day of each year to the last day of such year, and such renewal licenses shall be granted upon payment of a fee of fifty dollars and without re-examination, provided the applicant for a renewal license continues to meet the requirements of NCO Sections 3.10.020 and 3.10.030 at the time of issuance of a renewal license.

(b) Applicants for renewal must complete the requirements of NCO Section 3.10.025(a) and (b) in entirety and NCO Section 3.10.025(c)(1), (c)(3) and (c)(4), and submit such documentation to the city clerk’s office within thirty days prior to the expiration of the current license. The chief of police may verify the existing status of the renewal applicant’s driver’s license and driving record and criminal history and may require the renewal applicant to comply with NCO Section 3.10.025(d) prior to issuance of a renewal license.

(c) Should the holder of a chauffeur’s license fail to renew such license within the time periods specified in subsection (b) of this section, then such holder, in order to thereafter receive a chauffeur’s license, shall submit a new application, the same as though he had not previously been granted a chauffeur’s license, and shall pay the fee of seventy-five dollars.

(d) The chief of police shall be notified by the city clerk of all renewal applications. (Ord. O-11-09-02 § 6, 2011: Ord. O-06-09-09 § 2, 2006: Ord. O-05-05-01 § 6, 2005: Ord. O-93-6-6 § 1 (part), 1994)

3.10.050 Cancellation or denial.

(a) If an application is denied under this chapter, the city shall issue a letter to the applicant stating the reasons for the denial and the appeal process to address such denial under this chapter.

(b) Any chauffeur’s license issued by the city may be revoked by the city after a hearing held before the city manager and finding by such city manager that the permittee has failed to maintain qualification under NCO Section 3.10.020 or 3.10.030, whether violations occur within the city of Nome or another jurisdiction. Licensees shall be notified in writing of the reasons for such revocation and of the opportunity for a hearing before the city manager prior to the effective date of the revocation. Licenses cancelled under this section will be surrendered to the city immediately and the chauffeur privileges of any such licensee shall be revoked until such time as the licensee meets the standards set out in NCO Sections 3.10.020 and 3.10.030. (Ord. O-11-09-02 § 7, 2011)

3.10.060 Appeal.

(a) In the event that a chauffeur’s license application is denied or a previously issued license revoked, and the licensee or applicant has been served with written notice of the reasons for denial or cancellation, the licensee or applicant may, by notice in writing submitted to the city clerk’s office, within five days after receiving such notice, appeal the decision to the common council of the city.

(1) The applicant/licensee may be represented by counsel at this hearing and may introduce evidence to challenge the findings leading to denial of a chauffeur’s application or revocation of an existing application.

(2) The city manager or his/her designee shall have the right to be present and to present evidence in support of the denial or revocation.

(b) After hearing all applicable evidence, the common council shall rule on the appeal and issue written findings of fact and conclusions of law determining either:

(1) The chauffeur’s license approved for the applicant/licensee as in other cases, and so issued; or

(2) The findings of the city are sustained, and the ruling of denial/revocation shall stand. (Ord. O-11-09-02 § 8, 2011)

3.10.070 Posting.

All holders of a chauffeur’s license under this chapter shall, at all times when on duty as operators of any taxicab or motor bus within the meaning of this chapter:

(a) Post and maintain their license in a place in such vehicle where it is visible to the occupants thereof; and

(b) Have on their person the original, or photographic copy, of a medical examiner’s certificate showing the chauffeur is qualified to drive a commercial vehicle. (Ord. O-11-09-02 § 9, 2011: Ord. O-93-6-6 § 1 (part), 1994)

3.10.080 Motor bus license, regulations.

(a) No person shall operate, or permit to be operated, any vehicle classified herein as a motor bus for the carriage of passengers, within the city limits of the city, without first having obtained therefor an appropriate license or permit from the city under the provisions of this section as follows:

(b) An application for a motor bus license shall be granted by the city clerk if the applicant has held a city-issued license during the preceding year, provided the applicant submits to the city for each motor bus license:

(1) A nonrefundable annual application fee of one hundred dollars per vehicle;

(2) Proof of procured and maintained financial responsibility and security (A) in the form of a policy or certificate of insurance issued by an insurer licensed in the state of Alaska, or a bond of a surety company licensed to write surety bonds in the state of Alaska, or evidence accepted by the city clerk showing comparable ability to self insure, and (B) for minimum amounts of three hundred thousand dollars single limit for property damage in a single occurrence and for bodily injury or death in a single occurrence, and (C) with a requirement clearly stated in the policy or endorsement that the policy of insurance, surety bond, or other form of security may not be cancelled on less than thirty days’ written notice to the city;

(3) Such other and additional information and documentation as the city clerk may request for determining ownership and title of the motor bus, financial responsibility, the proposed fixed route upon which the motor bus will operate and the safe operating condition of the motor bus; and

(4) An affidavit signed by the applicant under oath, and endorsed with a notary jurat, attesting under penalty of perjury that all information and documentation contained in the application is accurate and complete.

(c) At the time of granting of permit by the city as hereinabove provided, or at any time thereafter during the validity of such permit, each person operating a motor bus or buses in the city, as defined and licensed hereunder, may register in writing with the city clerk, a trade name, emblem or symbol for such person’s motor bus or buses, together with color or color combination not to exceed any two colors; and upon such registration, as aforesaid, with the city clerk, no other person operating like or similar equipment so licensed within the city may then employ, use or register a like trade name, emblem, symbol, color or color combination which has previously been registered by another properly licensed person. No person may register more than one trade name, emblem, symbol, color or color combination for the equipment licensed hereunder by one operating company. Upon revocation of license, or failure to renew such license, such registration of trade name, emblem, symbol, color or color combination shall thereafter be null and void. Any person properly licensed under this section who has registered with the city clerk, as provided, may change at any time such registered matters, so long as such change does not resemble or copy the trade name, emblem, symbol, color or color combination previously registered by another licensee; provided, if such license is renewed yearly, it shall not be necessary for the licensee to re-register a trade name, emblem, symbol, color or color combination which has been previously registered by him for the operation of his bus or buses.

(d) The use by a person licensed to operate a motor bus or buses within the city, as herein provided, of a trade name, emblem, symbol, color or color combination which has been previously registered by another person so licensed, in conformity with the provisions hereinabove outlined, shall be deemed a violation of this section.

(e) All motor bus licenses in the city shall expire on the thirty-first day of December, at midnight, of the year of issuance. Applicants for renewal of a motor bus license shall satisfy all of the same terms and conditions for issuance in accordance with subsection (b) of this section.

(f) A motor bus license constitutes only a privilege granted by the city for one year, and shall not be construed as a property interest subject to the laws of eminent domain. By applying for and accepting a motor bus license, each licensee thereby waives and releases the city from any liability for claims of a property interest or damages resulting from the deprivation of a property interest. (Ord. O-07-03-01 § 1, 2007: Ord. O-93-6-6 § 1 (part), 1994)

3.10.090 Taxicab license, regulations.

(a) No person shall operate or permit to be operated any vehicle as a taxicab for commercial purposes within the city without first having obtained a license for that taxicab from the city.

(b) The city council shall determine from time to time the maximum number of taxicabs to be licensed for commercial purposes within the city. The number of licenses issued during any year shall be based upon, and reasonably related to, (1) the economics of generating sufficient revenues to licensees to enable preventative maintenance and repair necessary to ensure safe vehicles, (2) the economics of generating sufficient revenues to licensees to enable employment of competent drivers, and (3) other considerations related to providing for the safety and welfare of the passenger public in the city. Applying these criteria, the city council has determined in 2005 that thirteen licenses shall be issued in the city.

(c) The first licenses shall be issued to presently existing licensees to the extent of the number of taxicab licenses each such licensee is holding at the time of enactment. Thereafter, any new taxicab licenses authorized by the city council from time to time shall be determined by lot in a public drawing conducted by the city clerk. Each applicant for a license to be awarded at a drawing by lot may only submit one entry under one form of business organization (sole proprietorship, partnership, LLC, corporation, etc.). The clerk shall have the discretion to exclude from the drawing applications not in conformance with this requirement or applications not submitted in good faith.

(d) A taxicab license constitutes only a privilege granted by the city for one year, and shall not be construed as a property interest subject to the laws of eminent domain. By applying for and accepting a taxicab license, each licensee thereby waives and releases the city from any liability for claims of a property interest or damages resulting from the deprivation of a property interest.

(e) Upon lapse or revocation of a taxicab license, the council shall determine whether the number of authorized licenses shall be reduced. If the number of authorized licenses is not reduced, the lapsed license shall be determined by lot in a public drawing conducted by the city clerk in accordance with the provisions in subsection (c) of this section. (Amended by memo 2/25/05; Ord. O-00-9-A § 1, 2000)

3.10.095 Issuance and renewal of taxicab licenses.

(a) An application for a taxicab license shall be granted by the city clerk if the applicant has held a city-issued license during the preceding year, or has been awarded a new license issued by the city by lot, provided the applicant submits to the city for each vehicle license:

(1) A nonrefundable annual application fee of one hundred dollars per vehicle;

(2) Proof of procured and maintained financial responsibility and security (A) in the form of a policy or certificate of insurance issued by an insurer licensed in the state of Alaska, or a bond of a surety company licensed to write surety bonds in the state of Alaska, or evidence accepted by the city clerk showing comparable ability to self insure, and (B) for minimum amounts of three hundred thousand dollars single limit for property damage in a single occurrence and for bodily injury or death in a single occurrence, and (C) with a requirement clearly stated in the policy or endorsement that the policy of insurance, surety bond, or other form of security may not be cancelled on less than thirty days’ written notice to the city;

(3) Such other and additional information and documentation as the city clerk may request for determining ownership and title of the taxicab, financial responsibility, and the safe operating condition of the taxicab;

(4) An affidavit signed by the applicant under oath, and endorsed with a notary jurat, attesting under penalty of perjury that all information and documentation contained in the application is accurate and complete;

(5) Written certification signed by the city clerk that the applicant is not delinquent in payment of city sales tax, penalty and/or interest and has not failed to file complete sales tax returns with the city where such failure has not been remedied; and

(6) Proof of current motor vehicle inspection. Such inspection shall be performed by a qualified mechanic approved by the chief of police and shall include a statement that the taxi inspected is in a safe and legal operating condition. For the purposes of this subsection, “current” means within the prior twelve months.

(b) All taxicab licenses in the city shall expire on the thirty-first day of December, at midnight, of the year of issuance. Applicants for renewal of a taxicab license shall satisfy all of the same terms and conditions for issuance in accordance with subsection (a) of this section. (Ord. O-11-09-02 § 10, 2011; Ord. O-10-11-01 § 2, 2010: Ord. O-00-9-A § 2, 2000)

3.10.100 Taxicab identification.

(a) All vehicles used for taxicab service to transport people shall display prominently, in contrasting color on the rear of the vehicle, an eight-inch or larger vehicle identification number matching the number submitted to the city for purposes of licensing.

(b) All vehicles used for taxicab service to transport people shall display prominently, in contrasting color on both sides of the vehicle, the name of the cab company licensed by the city for the use of that cab. (Ord. O-93-6-6 § 1 (part), 1994)

3.10.105 Denial or revocation of taxicab or motor bus licenses.

(a) A taxicab or motor bus license may be denied or revoked if the city clerk finds upon diligent inquiry that:

(1) The licensee has falsified an application in some material way, or has failed to include material information in the application; or

(2) There is significant evidence that the taxicab or motor bus was used in conjunction with the commission of a felony offense; or

(3) The licensee has failed and refused during the preceding year to maintain the taxicab or motor bus in a safe condition for the welfare of the passenger public; or

(4) The licensee has been convicted of a felony offense against property, moral turpitude or controlled substances, such that protection of the passenger public requires denial or revocation of the license; or

(5) The licensee has abandoned the proper use or administration of the taxicab or motor bus license as a commercial enterprise in the city; or

(6) The licensee owes a judgment, delinquent taxes, or a utility bill to the city, or has failed to file complete sales tax returns with the city where such failure has not been remedied.

No sales tax license may be issued to or renewed for a person owing a judgment, delinquent taxes, or a utility bill to the city, except by terms and conditions established in each such case by the city manager.

(b) Upon a finding in accordance with subsection (a) of this section, the city clerk may revoke a taxicab or motor bus license at any time with written notice served in person upon the licensee or to the last known address of the licensee. The notice of revocation shall contain the following information:

(1) The date when the revocation becomes effective;

(2) A substantial summary of the reasons for the revocation;

(3) A notice and description of the procedures available for administrative appeal to the city manager. (Ord. O-10-11-01 § 3, 2010; Ord. O-07-03-01 § 2, 2007: Ord. O-00-9-A § 3, 2000)

3.10.107 Appeals from taxicab or motor bus determinations.

(a) If the city clerk denies an application for a taxicab or motor bus license, or revokes an existing motor bus or taxicab license, the aggrieved party may appeal that decision to the city manager by giving written notice of appeal to the city manager within ten days after receiving the written determination of the city clerk.

(b) The city manager shall convene a hearing and sit as a hearing officer in a proceeding conducted substantially in accordance with the administrative hearing procedures of the Alaska Administrative Procedures Act. The city manager shall issue a written decision within ten days of the date of the hearing. An aggrieved party may appeal the city manager’s decision to the city council by giving a written notice of appeal to the city clerk within fifteen days of receipt of the city manager’s written decision.

(c) The council may, but is not required to, hold an additional hearing. The council shall issue a written decision on the appeal within thirty days of receipt of the notice of appeal by the city clerk. The decision of the city council shall be final subject to appeal to the Alaska Superior Court. (Ord. O-07-03-01 § 3, 2007; Ord. O-00-9-A § 4, 2000)

3.10.108 Transfer of taxicab or motor bus license.

(a) A person may not sell, transfer, lease, assign or otherwise grant any right or interest in or to a taxicab or motor bus license to any other person without the prior approval of the city council. The council may permit the sale, lease, transfer or assignment of the license to another person who otherwise satisfies the qualifications established by this chapter, upon payment of a transfer fee to be set by ordinance if the council finds that the transferee is able to provide the required service and that the sale, lease, transfer or assignment of the license will be in the public interest.

(b) The purchaser or lessee of a taxicab or motor bus license, or a motor vehicle subject to a taxicab or motor bus license, shall not have a vested right to the license or its transfer and the approval of such transfer shall be within the discretion of the council based on its determination of what the public interest requires. The city council shall state its reasons for finding that any proposed transfer is not in the public interest.

(c) A transfer of any interest in a corporation or other business entity which results in a change in control shall be considered as a transfer requiring approval under the provisions of this section. (Ord. O-07-03-01 § 4, 2007: Ord. O-00-9-A § 5, 2000)

3.10.109 Code of conduct.

No driver is permitted to honk the horn of the taxicab or motor bus between the hours of twelve a.m. and six a.m. on any day. (Ord. O-07-03-01 § 5, 2007: Ord. O-00-9-A § 6, 2000)

3.10.110 Definitions.

As used in this chapter:

“Chauffeur’s license” means a license granted by the city to operate a taxicab or motor bus upon the streets of the city as the driver or chauffeur thereof.

“Good moral character” means the absence of acts or conduct which would cause a reasonable person to have substantial doubts about an individual’s honesty, fairness and respect for the rights of others and the laws of the city, of the state, or of the nation. For purposes of this standard, a determination of lack of good moral character is not restricted to acts reflecting moral turpitude, but may be based on considerations of all aspects of a person’s character, including arrests or criminal charges, whether or not resulting in a criminal conviction. Conduct indicating a lack of good moral character includes, but is not limited to:

(1) Conduct in violation of law;

(2) Poor driving history, including but not limited to violation of any of the following:

(A) Failure to abide by the rules of the road resulting in the accrual of points sufficient to support license revocation of a state driver’s license or resulting in criminal charges,

(B) Failure to maintain a vehicle in safe driving condition in compliance with the laws of the state of Alaska whether or not actually charged as a violation by law enforcement officials,

(C) Failure to procure and maintain liability insurance, or

(D) Prior driver’s license revocation for any reason in the past ten years;

(3) Acts involving fraud, dishonesty, deceit or misrepresentation;

(4) Illegal use, purchase, transportation, cultivation, manufacture or sale of any controlled substance or imitation controlled substance as those terms are used in AS 11.71.010 through 11.71.900 and AS 11.73.010 through 11.73.099; and

(5) Engaging in any conduct proscribed in AS 11.41, AS 11.51.130, AS 11.61.125, AS 11.66.100 through 11.66.150, and AS 11.66.200 through 11.66.280, or engaging in any conduct which has elements similar to such conduct.

“Knowingly” has the same meaning as in AS 11.81.900(2).

“Medical certification” has the meaning defined in 49 CFR Part 391.41 of the Federal Motor Carrier Safety Regulations (FMCSRs).

“Motor bus” means a vehicle designated to carry seven or more passengers, for hire or pay, exclusive of the driver, operating within the city between certain definite points on a fixed route.

“Police chief” means the chief of police or acting chief of police of the city.

“Taxicab” means a motor vehicle used for the purpose of carrying passengers for hire or pay, upon the public streets of the city, operating from a fixed stand or location, but not limited in its operation to any particular route.

“Taxicab license, motor bus license” means the permission or license granted by the city to any person to operate or keep for hire, any taxicab or motor bus, as the case may be, within the city, or upon the public streets thereof. (Ord. O-11-09-02 § 11, 2011; Ord. O-07-03-01 § 6, 2007; Ord. O-05-05-01 § 2, 2005; Ord. O-93-6-6 § 1 (part), 1994)

3.10.120 Violation—Penalty.

(a) Any person violating any of the provisions of this chapter is subject to a civil penalty not to exceed five hundred dollars. Each day any violation continues shall be deemed a separate offense.

(b) Where by the terms of this chapter any license, permit or privilege herein granted is revocable for violation of this chapter, such revocation shall be invoked by the city clerk’s office upon a finding that the holder thereof has committed a violation of any provision hereof which by its terms specifies revocation as a penalty.

(c) Any licensee who wishes to appeal or contest a civil offense issued by the city clerk pursuant to this chapter may appeal to the city council as provided in NCO Section 3.10.060. Any licensee aggrieved by a decision of the city council with respect to the revocation or denial of a license may appeal the decision to the Superior Court of Alaska, Second Judicial District at Nome as an administrative appeal. (Ord. O-14-01-02 § 5, 2014: Ord. O-11-03-01 § 1, 2011: Ord. O-93-6-6 § 1 (part), 1994)