[Ord. No. 2186, 2-24-2020[1]]
This Chapter shall apply to any person operating a vehicle that is available for hire by the public for transportation (hereinafter a person engaged in the “public transportation for hire business”) including taxicabs, limousines, courtesy cars, horse drawn carriages, shuttles and any other vehicle with a capacity of fifteen (15) passengers or less, by whatever name they are commonly called or referred to by their owner (hereinafter collectively a “vehicle”). This Chapter does not apply to buses or trolleys, which are addressed in Chapter 660.
[Ord. No. 2186, 2-24-2020]
No person shall engage in, operate or conduct a public transportation
for hire business within the City without first having secured a license
therefor as provided in this Chapter.
[Ord. No. 2186, 2-24-2020]
An applicant for a license for a public transportation for hire
business shall file a written application with the City Clerk, setting
forth the name of the applicant, all owners of the business, the number
of vehicles to be operated by the proposed business, a description
of each such vehicle, by whom such vehicles are owned, a statement
of all indebtedness upon such vehicles, if any, a description of any
and all other equipment to be used in the business, the hours during
which the vehicles will be operated, the charges to be made for such
service and evidence of having complied with the public liability
insurance requirement set forth in this Chapter.
[Ord. No. 2186, 2-24-2020]
No license for a public transportation for hire business shall
be issued unless first approved by the Board of Aldermen.
[Ord. No. 2186, 2-24-2020]
An annual fee of thirty-two dollars fifty cents ($32.50) will
be charged for a license required by this Chapter.
[Ord. No. 2186, 2-24-2020]
All licenses to operate a public transportation for hire business
shall terminate twelve (12) months from the date the license is issued.
[Ord. No. 2186, 2-24-2020]
It shall be unlawful to operate a public transportation for
hire business without procuring and maintaining in full force a policy
of liability insurance upon each vehicle utilized in the business
for injuries to person or property in sums of not less than that required
by the Missouri Motor Vehicle Safety Responsibility Law or providing
a surety bond or cash deposit against such liability, either of which
shall be approved by the Board of Aldermen.
[Ord. No. 2186, 2-24-2020]
A.
Vehicle
Equipment And Inspections.
1.
Required Equipment. Every vehicle utilized in a public transportation
for hire business shall have and maintain the following equipment:
a.
At least two (2) doors providing direct entrance and exit to and
from the vehicle; provided, however, that vans or minivans may have
one (1) side door, which may be on the non-driver’s side, as
a means of direct entrance and exit.
b.
Adequate lighting in the passenger compartment.
c.
At least one (1) card located in the passenger compartment, visible
to all passengers, which shall have plainly printed thereon the name
of the public transportation for hire business, its business address
and telephone number, the address and telephone number where the customer
may register complaints and comments about the public transportation
for hire’s business and the current schedule of fares on file
with the City Clerk to be charged for the conveyance of passengers.
The cards shall be not less than four (4) inches by six (6) inches
in size.
d.
Copy of the license issued by the City Clerk, to be located in the
passenger compartment, visible to the passengers.
e.
A seat belt for each passenger, which must be worn when the vehicle
is moving.
2.
Cleanliness And Condition Of Vehicles. Every vehicle governed by
this Chapter shall be kept in a clean and sanitary condition. Every
vehicle shall be kept in such condition of repair as may be reasonably
necessary to provide for the safety of the public and for continuous
and satisfactory operation. Every vehicle shall be comfortable for
the passengers and free from debris. If the vehicle has a trunk, it
shall be kept clear of items (with the exception of tools, first aid
kits, blankets and a spare tire) to allow for storage of passenger
items. Vehicles shall not have offensive odors. Smoking shall not
be permitted in any vehicle.
3.
Refusal Of Service. It shall be unlawful for a driver of a vehicle
to refuse service to a member of the general public except when such
person is intoxicated, has an open container of intoxicating liquor
or non-intoxicating beer, uses profanity, is abusive, desires to use
the service for an illegal purpose, presents an unreasonable risk
of harm or injury to the driver, has an outstanding amount due for
past fares or is unable to pay the legal fare. However, the driver
of a vehicle shall not be required to provide service to an individual
under the age of twelve (12) without an adult passenger accompanying
him or her.
4.
Use Or Possession Of Intoxicating Beverages Or Controlled Substances
By Owner, Driver, Employees Or Passengers. No vehicle owner, driver
or employee, while on duty, shall have in his/her possession an open
container of intoxicating liquor or non-intoxicating beer or controlled
substances, nor shall he or she drink or consume such items while
on duty. No driver shall knowingly purchase, carry or transport controlled
substances. No vehicle passenger shall have in his or her possession
an open container of intoxicating liquor or non-intoxicating beer
nor shall any passenger be allowed to carry or transport any controlled
substances. A passenger may have in his or her possession unopened
containers of intoxicating liquor or non-intoxicating beer.
5.
Use Of Vehicle For Unlawful Purpose. No person shall use a vehicle
governed by this Chapter for any unlawful purpose, nor shall any owner
or driver knowingly permit such unlawful use. When such unlawful use
has occurred with the knowledge of the owner or driver of such vehicle
and he or she shall be duly convicted thereof, the City Clerk shall
revoke the license to operate such vehicle.
6.
Refusal To Pay Fare. No person shall hire or permit himself or herself
to be carried as a passenger for hire in any vehicle governed by this
Chapter in the City of Hermann, Missouri, and refuse to pay the fare
for such trip.
7.
Disposition Of Property Found In Vehicles. A driver shall deliver
all lost or misplaced property found in the vehicle to the holder
of the license for such vehicle at the end of the driver’s tour
of duty. The public transportation for hire business shall keep such
property for one (1) week; or a shorter time if the rightful owner
of such property requests the release of such property. At the end
of one (1) week, the public transportation for hire business shall
deliver such property or the name and address of the owner of and
description of such property, to the Police Department. The Police
Department shall provide a receipt for all such property delivered
to it.
8.
Number Of Passengers In Vehicle. There shall not be more passengers
than that recommended by the manufacturer of the vehicle, including
the driver, carried in a vehicle at one time. The front seat of any
vehicle shall only be occupied by the driver and one (1) passenger.
9.
Driver Appearance. Drivers shall present a neat and orderly appearance
and shall be clean in dress and in person. Drivers shall not use cell
phones or other portable phones while passengers are in the vehicle
except for conducting business.
10.
Driver Conduct. Driver conduct, demeanor and language shall be professional
at all times and shall portray the City of Hermann, its citizens and
business establishments in a positive manner. At no time will the
driver use foul language in the presence of customers. The use of
foul or abusive language shall result in the termination of the business
license.
11.
Inspections. The Police Department is authorized to inspect any vehicle
used in a public transportation for hire business to ensure compliance
with the provisions of this Chapter.
