Chapter 5.45


5.45.010    Definition of taxicab.

5.45.020    Taxicab license.

5.45.030    Application for taxicab license.

5.45.040    License fees.

5.45.050    Insurance.

5.45.060    Issuing of taxicab license and license plates.

5.45.070    Transfer of taxicab licenses.

5.45.080    Renewal.

5.45.090    Revocation.

5.45.100    Condition of vehicles.

5.45.110    Taxi driver’s license.

5.45.120    Revocation of taxi driver’s license.

5.45.130    Transfer of drivers.

5.45.140    Taxicabs to be marked.

Adopted pursuant to the provisions of Wis. Stat. § 349.24.

5.45.010 Definition of taxicab.

The term “taxicab” shall include all vehicles transporting passengers for remuneration. This chapter shall not be applicable to:

1.    Vehicles operating on established routes which are regulated by the Public Service Commission of Wisconsin. Vehicles rented to be driven by the renter or his agent, commonly known as rent-a-cars.

2.    Vehicles operated solely as funeral cars or ambulances. (2008 code § 8.11(1))

5.45.020 Taxicab license.

No person shall for remuneration transport passengers in a taxicab within the Town without first having obtained a taxicab license. This provision shall not apply to the transportation of persons into the Town of East Troy from other communities by persons who have complied with such communities’ requirements for taxicab licensing. (2008 code § 8.11(2))

5.45.030 Application for taxicab license.

1.    Application for a taxicab license to operate one or more taxicabs or an application to operate additional taxicabs under an existing license shall be made in writing to the Clerk upon forms furnished by him, giving the address from which the business is conducted and signed by the owner of the business or his duly authorized agent. The application must also state for each vehicle to be operated the make, model, year of manufacture, engine number, serial number, capacity for passengers, and the Wisconsin State Certificate of Title number and license number.

2.    The application shall be submitted by the Clerk to the Town Board, which shall set a date for a public hearing before the Protective Services Committee (the Town Board if the Committee has not been appointed) to examine the public convenience and necessity of granting such license. The Clerk shall notify the applicant of the time and place set for the hearing.

3.    Not later than 30 days after the date of the hearing the Committee shall submit to the Town Board its recommendation as to whether public convenience and necessity will be served by granting of the application. No license shall be granted until the Town Board shall by resolution have determined that the public convenience and necessity will be served by the service proposed in the application for license. The Town Board may hold such further hearings and procure such additional information as it may deem necessary or advisable in making such determination. (2008 code § 8.11(3))

5.45.040 License fees.

1.    Taxicabs for the purpose of licensing are divided into classifications.

a.    Class 1 are all those taxicabs which have a capacity of not over five passengers.

b.    Class 2 are those taxicabs which have a capacity of more than five passengers.

2.    The license fee for Class 1 taxicabs shall be $20.00 per year or any fractional part thereof for the first vehicle operated and $10.00 per year or any fractional part thereof for each vehicle operated by the same licensee. The taxicab license fee for Class 2 taxicabs shall be $20.00, plus $10.00 a head for each passenger capacity over five, per year or any fractional part thereof for the first vehicle operated, and $10.00, plus $5.00 a head for each additional passenger capacity, per year or any fractional part thereof for each additional vehicle operated by the same licensee. The license year shall commence January 1st and end December 31st. (2008 code § 8.11(4))

5.45.050 Insurance.

1.    No taxicab license shall be issued until the applicant deposits with the Clerk a policy of liability insurance covering all vehicles to be included under the license. Such policy shall describe each vehicle by make, model, and serial number, number of passengers capable of being accommodated therein at one time, and the number of the state motor vehicle license. Such insurance policy shall be issued by a company licensed to do business in the state of Wisconsin and shall insure the licensee against loss from liability to the amount of $100,000 for the injury or death of one person in any one accident, in the amount of $300,000 for the injury or death of more than one person in any one accident, and in the amount of $25,000 for damage to property of others for any one accident due to the negligent operation of such vehicle.

2.    The policy of insurance shall be approved by the Town Attorney as to legal form before it is filed and shall contain a provision that the same may not be cancelled before the expiration of its term, except upon 30 days’ written notice to the Town.

3.    The cancellation or other termination of any insurance policy issued in compliance with this chapter shall automatically revoke any term issued for the vehicle covered by such insurance policy, unless another policy shall have been filed and approved pursuant to this chapter and shall be in effect at the time of such cancellation or termination. (2008 code § 8.11(5))

5.45.060 Issuing of taxicab license and license plates.

1.    After passage of the resolution of convenience and necessity as provided in ETMC 5.45.030 and upon filing with the Clerk a receipt of the Clerk showing payment of the required license fees and the policy of insurance as hereinbefore provided, the Clerk shall issue to the applicant a taxicab license. Each license granted shall be numbered and shall show the owner’s name, place of business, and the number of vehicles which may be operated thereunder.

2.    The Clerk shall issue to each licensee a license plate or decal for each vehicle licensed. The license shall be of such size, form, and material as the Clerk may deem proper and shall have printed or stamped thereon the words, “East Troy Taxicab License” to be followed by the appropriate year of said license and period for which issued. No vehicle shall operate as a taxicab unless such plate is securely fastened in a conspicuous place on the front of the vehicle.

3.    If a taxicab license plate is lost, the licensee shall secure a duplicate thereof by applying to the Clerk and paying for the cost thereof. (2008 code § 8.11(6))

5.45.070 Transfer of taxicab licenses.

No taxicab license shall be transferable either from the vehicle described in the original application to another vehicle or from the original license to another person without formal permission from the Town Board. (2008 code § 8.11(7))

5.45.080 Renewal.

Taxicab licenses may be renewed by the Clerk upon the payment of the fees and filing of policies of insurance as required for the original license. (2008 code § 8.11(8))

5.45.090 Revocation.

A taxicab license may be revoked at any time by the Town Board for violation of any provision of this chapter or for violation of any provision of Wis. Stat. Chs. 340 through 349, or of any such statutory provision incorporated in a municipal ordinance. Such revocation may be for all vehicles or any vehicle included under a license. When any taxicab license is revoked it shall be the duty of the Clerk to immediately notify the licensee to cease at once operating the taxicab for which the license has been revoked. (2008 code § 8.11(9))

5.45.100 Condition of vehicles.

It shall be the duty of the licensee to keep each taxicab in a clean and sanitary condition, well painted, and equipped and maintained as required by Wis. Stat. Ch. 347. (2008 code § 8.11(10))

5.45.110 Taxi driver’s license.

1.    No person shall transport passengers in a taxicab on a trip in the Town of East Troy unless he shall possess a taxi driver’s license. The fee for such license shall be $1.00.

2.    Each applicant shall submit in writing to the Chief of Police on forms furnished by the Police Department a statement of the applicant’s full name, his present residence, his residence for three years past, his age, color, height, weight, color of eyes and hair, citizenship, place of previous employment, marital status, Wisconsin State motor vehicle operator’s license number, whether he has ever been convicted of a felony or misdemeanor, whether he has ever been previously licensed as a driver or chauffeur, and if so, when and by what authority, whether his license has ever been revoked or suspended, and if so, for what cause, and the name of the prospective employer. Applications shall be retained as Police Department records.

3.    No license shall be granted to any person:

a.    Who is under 18 years of age.

b.    Who does not possess a valid Wisconsin State motor vehicle operator’s license.

c.    Who has been convicted of a felony or who has been convicted of driving a vehicle upon the highway while under the influence of intoxicating liquor or narcotics.

4.    A taxi driver’s license shall expire on December 31st following its issuance. It may be renewed upon application to the Chief of Police on a form furnished by him entitled, “Application for Renewal of Taxi Driver’s License,” and the date upon which his original license was granted and the number thereof.

5.    Upon presentation of the Clerk’s receipt for payment of the license fee, the Chief of Police shall deliver to each licensed taxi driver a license of such form and style as the Chief of Police may prescribe with the license number thereon, which must, under penalty of revocation of the license, be constantly and conspicuously displayed on the taxicab when he is engaged in his employment. No driver may loan his license or permit to another person to use it subject to revocation of his license.

6.    The Chief of Police shall maintain a complete record of each license issued to a driver, and of all renewals, suspensions, and revocations thereof which shall be filed with the original application. (2008 code § 8.11(11))

5.45.120 Revocation of taxi driver’s license.

1.    The Chief of Police shall revoke a taxicab driver’s license if the licensee has, since the granting of the permit:

a.    Been convicted of a felony.

b.    Had his state motor vehicle operator’s license revoked or suspended.

c.    Been convicted of driving while under the influence of intoxicating liquor or narcotics.

d.    During any continuous six-month period has had three or more convictions of any of the offenses set forth in Wis. Stat. Ch. 346, or of any such statutory provision incorporated in a municipal ordinance.

e.    When for the preservation of the public safety, welfare, morals, or good order the Chief of Police finds the licensee is unfit to drive a taxicab.

2.    Written notice of such revocation or refusal to renew shall be given the licensee. Any person whose license shall have been revoked or renewal refused by the Chief of Police may within 10 days thereof appeal to the Town Board for a hearing thereon. The Town Board may, after the hearing, affirm or reverse the action of the Chief of Police. If no appeal is taken within 10 days, the action of the Chief of Police shall be final.

3.    The Chief of Police shall repossess each license which is revoked. (2008 code § 8.11(12))

5.45.130 Transfer of drivers.

A taxi driver may not transfer from one taxicab licensee to another licensee until such transfer has been recorded in writing with the Chief of Police. (2008 code § 8.11(13))

5.45.140 Taxicabs to be marked.

Every taxicab shall be conspicuously marked on the right and left side with the name of the licensee and the serial number designated in the taxicab license, such letters and numbers not to be less than one and one-half inches in height, and of a light color on a dark background or dark color on a light background. A card containing the name of the licensee, taxicab license number, and rates of fares printed thereon shall be kept in a conspicuous place inside of such vehicle at all times. (2008 code § 8.11(14))