Chapter 5.12
TAXICABS—VEHICLES FOR HIRE
Sections:
5.12.030 Permit—Application—Contents.
5.12.040 Permit—Application—Hearing—Issuance.
5.12.050 Permit—Application—Reasons for denial.
5.12.060 Insurance policy—Required—Failure to replace policy—Permit revocation.
5.12.070 Insurance policy—Required coverage designated.
5.12.080. Insurance policy—Certificates—Approval.
5.12.090 Rules and regulations.
5.12.110 Permit—One allowed—Transferable when.
5.12.130 Penalty for violations.
5.12.010 Definitions.
For the purpose of this chapter, the following terms shall have the meanings respectively set forth in this section:
A. “Automobile for hire” as used in this chapter includes every automobile or motor-propelled vehicle by means of which passengers are transported for hire upon any public street in the city and not over a regular or defined route and irrespective of whether the operations extend beyond the boundary limits of the city or not, excepting vehicles embraced within the term “taxicab” and excepting vehicles of “transportation companies” as herein defined.
B. “Taxicab” as herein used in this chapter, includes every automobile or motor-propelled vehicle by means of which passengers are transported for hire upon any public street in the city and not over a regular or defined route and irrespective of whether the operations extend beyond the boundary limits of the city or not where charge for such transportation is measured by the distance traveled or by the time required for such transportation, or both, excepting vehicles of “transportation companies” and vehicles embraced within the term “automobile for hire” as herein defined.
C. “Transportation companies” as used in this chapter is synonymous with the phrase “transportation companies” as defined in that certain act of the legislature of this state, approved May 10, 1917, providing for the supervision and regulation of the transportation of persons and property for compensation over public highways by automobiles, jitney buses, auto trucks, stages and auto stages, and all amendments to the act. (Ord. 90 § 1, 1946).
5.12.020 Permit—Required.
It is unlawful to operate or cause to be operated, any automobile for hire, or a taxicab, upon any public street within the city without first having obtained a permit so to do in accordance with the provisions hereof, and without complying or having complied with all the provisions of this chapter. (Ord. 90 § 2, 1946).
5.12.030 Permit—Application—Contents.
Any person desiring to obtain the permit required by Section 5.12.020 of this chapter, shall pay a fee of ten dollars to the city clerk and shall make application for the permit to the city council, which such application shall set forth:
A. The name and address of the applicant, and if the same be a corporation, the names of its principal officers, or if the same be a partnership, association, or fictitious company, the names of the partners or persons comprising the association or company, with the address of each;
B. A statement as to whether the permit is desired for an automobile for hire or a taxicab;
C. A description of every motor vehicle which the applicant proposes to use, giving:
1. Trade name,
2. Motor and serial number,
3. State license number,
4. Seating capacity,
5. Body style;
D. The street number and exact location of the place or places where the applicant proposes to stand each such automobile;
E. Proposed schedule of rates or fares for carrying passengers in such automobile;
F. The distinctive color scheme, name, monogram or insignia which shall be used on such automobile;
G. If any proposed stand is in the public street, the application shall be accompanied by a written consent thereto of all the occupants of the ground floor of any buildings in front of which such automobile is to be located, and for twenty-five feet each way therefrom, or if there is no such occupant, by the written consent of the owner or lessee of such building or lot. (Ord. 90 § 3, 1946).
5.12.040 Permit—Application—Hearing—Issuance.
A. Upon the receipt of any application referred to in Section 5.12.030 hereof, the city clerk shall set a time, not less than ten nor more than thirty days thereafter, for the hearing of the application before the city council, and shall give notice of the time so set, at least five days before the date of the hearing, to the applicant, and to any other permit holder hereunder, at the address set out in such application.
B. At the time set for the hearing of such application, the council may examine the applicant and all persons interested in the matter set forth in the application, and shall determine whether or not the public interest, convenience and necessity require the issuance of the permit applied for, and if it be found by the council that the public interest, convenience and necessity require the issuance of the permit applied for, it shall by resolution order the city clerk to issue a permit in accordance with the application, subject to the filing and approval of a policy of insurance as hereinafter provided in Sections 5.12.060 through 5.12.080. (Ord. 90 § 4 (part), 1946).
5.12.050 Permit—Application—Reasons for denial.
The following reasons shall be sufficient for denial of the permit:
A. That the application is not in the form, and does not contain the information required to be contained therein by this chapter;
B. That the vehicle or vehicles described therein are inadequate or unsafe for the purpose for which they are to be used;
C. That the color scheme, name, monogram or insignia to be used upon such automobile, shall be in conflict with or imitate any color scheme, name, monogram, or insignia, used by any person, firm, or corporation, in such manner as to be misleading or tend to deceive or defraud the public;
D. That the location of the stand, as therein stated, is such as to congest or interfere with travel, on any public street, or that the proposed stand is within one hundred feet of any other stand theretofore fixed by the council on the same street;
E. That the applicant has, at some prior time, had a permit for the operation of automobile for hire or taxicab revoked for reason;
F. That it shall appear to the council that there are a sufficient number of taxicabs and automobiles for hire in the city to fully serve the public, and that the granting of more permits would unduly congest the traffic and interfere with the free use of the public streets by the public, and that the public interest, convenience and necessity do not require the issuance of such permit. (Ord. 90 § 4 (part), 1946).
5.12.060 Insurance policy—Required—Failure to replace policy—Permit revocation.
It is unlawful to drive or operate or cause or permit to be driven or operated any taxicab or automobile for hire in the city unless the owner thereof shall have obtained a motor vehicle liability insurance policy or policies from a responsible and solvent corporation, authorized to issue such policies under the laws of the state, insuring the owner and covering such taxicab or automobile for hire, and also unless the owner shall file with the city clerk the written certificate or certificates of such corporation, all as provided in this chapter. The city council may at any time require an owner to replace any such policy with another policy and if such owner fails to replace such policy within ten days from the date of any such notice, with a policy and a certificate thereof, both in accordance with the provisions of this chapter, then, at the expiration of the ten days, the permit of the owner shall be, by such failure, automatically suspended until such time as the requirement is complied with, or the permit is revoked, whichever is sooner in event. (Ord. 90 § 5 (part), 1946).
5.12.070 Insurance policy—Required coverage designated.
A. It is unlawful to drive or operate or cause or permit to be driven or operated any taxicab or automobile for hire in the city unless the owner thereof has obtained a motor vehicle liability insurance policy or policies from a responsible and solvent corporation, authorized to issue such policies under the laws of the state, insuring said owner and covering such taxicab or automobile for hire, and also unless said owner files with the city clerk the written certificate or certificates of such corporation, all as provided by this section. The city council may at any time require an owner to replace any such policy with another policy, and if such owner fails to replace such policy, within ten days from the date of any such notice, with a policy and a certificate thereof, both in accordance with the provisions of this section, then, at the expiration of said ten days, the permit of said owner shall be, by such failure, automatically suspended until such time as said requirement is complied with, or said permit is revoked, whichever is sooner in event.
B. Each motor vehicle liability insurance policy required under the provisions of this section, in addition to the provisions required to be therein under the laws of the state, shall provide coverage under the National Standard Liability Form and shall also provide that such policy:
1. Covers any and all taxicabs or automobiles for hire which may be driven or operated by or for the owner insured under said policy, regardless of whether or not any permit has been granted the insured under the provisions of this section, and any other persons driving, using or responsible for the use of any taxicab or automobile for hire covered by said policy with the consent, express or implied, of the owner, and also insures the city against loss from the liability imposed on any of them by law for injury to or death of any person, or damage to property, arising from or growing out of the maintenance, operation or ownership of any taxicab or automobile for hire covered by the policy to the amount or limit of one hundred thousand dollars, exclusive of interest and costs, on account of injury to or death of any one person, of three hundred thousand dollars, exclusive of interest and costs, on account of any one accident resulting in injury to or death of two or more persons in any one accident, and of fifty thousand dollars for damages to property of others resulting from any one accident;
2. Is a continuing liability up to the full amount thereof, notwithstanding any recovery thereon;
3. In the event of the death of the owners, inures to, and is for the benefit and protection of, any person who sustains or suffers any damage or injury, or to the heirs or legal representatives of any such person, as the case may be, who may be so damaged or injured or suffer.
C. Each certificate required under the provisions of this section shall certify that the issuer thereof has issued a motor vehicle liability insurance policy or policies insuring the owner named in such certificate, that each of said policies contains each of the provisions required to be contained therein as provided in this section, and that none of said policies can or will be canceled except upon thirty days’ prior written notice thereof to the city clerk. Each of said certificates shall be conclusive evidence against the issuer thereof that its contents are true and correct. All such certificates shall be subject to the approval of the city attorney. (Ord. 284 § 1, 1977: Ord. 90 § 5 (part), 1946).
5.12.080 Insurance policy—Certificates—Approval.
Each certificate required under the provisions of Sections 5.12.060 and 5.12.070 shall certify that the issuer thereof has issued a motor vehicle liability insurance policy or policies insuring the owner named in such certificate, and that each of the policies contains each of the provisions required to be contained therein as provided in this chapter and that none of the policies can or will be canceled except upon thirty days prior written notice thereof to the city clerk. Each of the certificates shall be conclusive evidence against the issuer thereof that its contents are true and correct. All such certificates shall be subject to the approval of the city attorney. (Ord. 90 § 5 (part), 1946).
5.12.090 Rules and regulations.
The following rules and regulations shall be observed by all persons operating taxicabs or automobiles for hire, and it is unlawful to operate the same in violation of any of the following rules:
A. Any person operating a taxicab shall wear a distinctive hat or cap with a badge in plain sight inscribed with the name of the person to whom the permit has been issued;
B. All taxicabs and automobiles for hire shall, while carrying passengers, come to a full stop within thirty feet of the nearest rail before crossing any railroad track where no gates are maintained;
C. No taxicab or automobile for hire shall remain standing upon any public street within the city except for loading and unloading passengers, and then not for a period of more than five minutes, excepting such stand as may be designated by the council and described in the application for permit. This section shall not apply to any automobile for hire or taxicab while the same is engaged by and being paid for by a passenger;
D. The operator of any taxicab shall carry any passenger engaging the same safely and expeditiously to his destination by the most direct and accessible route;
E. All automobiles for hire and taxicabs shall be kept in good mechanical condition;
F. No person shall operate a taxicab or automobile for hire in violation of any law or ordinance;
G. No owner or operator of any automobile for hire or taxicab shall solicit patronage for the same from the vehicle or within one hundred yards therefrom, upon any public street, save and except at railroad and bus depots and within the boundaries of the space to be designated by the city council for such purpose;
H. No owner or operator of any automobile for hire or taxicab shall indulge in unfair competition with competitors or shall commit any fraud upon the public or other persons engaged in the same business, and the council shall be the sole judge of what constitutes fraud or unfair competition under the provisions of this section. Any violation of this section shall only be heard upon written complaint specifying the act complained of and sworn to by the complainant before a notary public or other officer authorized to administer oaths;
I. Every taxicab shall have posted in the passenger’s compartment a schedule of rates and charges and a copy of Section 5.12.090 of this chapter;
J. No charge shall be made by any operator or owner of taxicab or automobile for hire in excess of the rates posted in the passenger compartment of the car;
K. No taxicab or automobile for hire shall be operated unless the passenger compartment is kept clean and in sanitary condition;
L. No more than one passenger shall be carried within the driver’s compartment of any taxicab or automobile for hire;
M. No driver of any taxicab or automobile for hire shall accept, take into his vehicle, or transport any larger number of passengers than the rated seating capacity of his vehicle;
N. No taxicab or automobile for hire shall be operated by any person under the age of twenty-one years, or by any person who does not have a chauffeur’s license issued by the state, or by any person who has not been registered as a taxicab driver with, and been photographed and fingerprinted and provided with a registration number by the police department of the city, or by any person under the influence of intoxicating liquor, or by any person who is for any reason whatever unable or incompetent to safely handle such taxicab or automobile for hire or by any person in violation of any law or ordinance now in force or that may be hereafter enacted;
O. No automobile for hire shall be designated by any word or phrase using the word “taxi” or “taxicab” in any sign or advertising matter. (Ord. 90 § 6, 1946).
5.12.100 Permit—Revocation.
Any permit granted under the provision of this chapter may be revoked by the council either as a whole or as to any or either cars described therein, after ten days notice to the permit holder, requiring him to appear at a certain time and place to show cause why the permit should not be revoked for any of the following reasons:
A. That the insurance policy provided for in Sections 5.12.060 through 5.12.080 of this chapter has not been filed or has been withdrawn or has lapsed for nonpayment of premium, or is not in force for any reason;
B. For the nonpayment of any license fee provided by city ordinance;
C. For the failure to observe any of the rules and regulations set out in this chapter;
D. For the violation of any laws of the state or ordinance of the city;
E. For failure to maintain satisfactory service to the public;
F. For failure to observe any of the provisions of Section 5.12.090 of this chapter;
G. For any cause which in the opinion of the council makes it contrary to the public interest, convenience and necessity for the permit to be continued. (Ord. 90 § 7, 1946).
5.12.110 Permit—One allowed—Transferable when.
No person shall be entitled to hold more than one permit at a time, and no permit shall be transferable without the permission of the council having first been obtained. (Ord. 90 § 8, 1946).
5.12.120 License fee.
Each holder of a permit shall pay to the city a license fee in the sum of five dollars per quarter for each taxicab or automobile for hire used or maintained for use by the permit holder in the city. (Ord. 90 § 9, 1946).
5.12.130 Penalty for violations.
Any person, firm or corporation violating any provision of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine of not more than three hundred dollars, or by imprisonment in the county jail, or in the city jail or by both such fine and imprisonment. (Ord. 90 § 12, 1946).