[HISTORY: Adopted by the Common Council of
the City of Oconto Falls at time of adoption of Code (see Ch. 1, General
Provisions, Art. II). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
All vehicles transporting passengers for remuneration. This
definition shall not include ambulances, buses or rental cars.
A.
License required. No person, firm, association, or
corporation shall for remuneration transport passengers in a taxicab
within the City of Oconto Falls without first having a taxicab license.
B.
Application. 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
City Administrator - Clerk/Treasurer upon forms furnished by him,
giving the address from which the business is conducted and signed
by the owner of the business or his/her duly authorized agent. The
application must also state for each vehicle to be operated the make,
model, and year of manufacture, the engine number, serial number,
and capacity for passengers, and the Wisconsin state certificate of
title number and license.
(1)
The application shall be submitted by the City Administrator
- Clerk/Treasurer to the Common Council, which shall set a date for
a public hearing before the Ordinance Committee to examine the public
convenience and necessity of granting such license.
(2)
No later than 30 days after the date of the hearing,
the Committee shall submit to the Common Council its recommendation
as to whether public convenience and necessity will be served by the
granting of the application. The Common Council may hold such further
hearings and procure such additional information as it may deem necessary
or advisable in making such determination.
C.
No license shall be granted until the Common Council
shall by resolution have determined that the public convenience and
necessity will be served by the service proposed in the application
for license.
D.
All resolutions authorizing taxicab service within
the City of Oconto Falls shall contain the rate authorized to be charged
by the licensee.
E.
License fees. The taxicab license fee shall be as
set by the Common Council. The license year shall commence July 1
and end June 30.
F.
Issuing of taxicab license and license plates. After passage of the resolution of convenience and necessity as provided in Subsection C and upon payment to the City Administrator - Clerk/Treasurer of the required license fee and filing of the policy of insurance as hereinafter provided, the City Administrator - Clerk/Treasurer shall issue to the applicant a taxicab license. Each license granted shall be numbered and shall show the owner's name and place of business and the number of vehicles which may be operated thereunder.
G.
Transfer of taxicab licenses.
(1)
No taxicab license shall be transferable from the
original licensee to another person.
(2)
No taxicab license shall be transferable from the
vehicle described in the original application to another vehicle without
payment of a transfer fee as set by the Common Council, inspection
of the vehicle, and resolution of the Common Council.
H.
Renewal. Taxicab licenses may be renewed by the City Administrator - Clerk/Treasurer upon the payment of the appropriate fees and filing of insurance policies as required by § 427-3
I.
Revocation. A taxicab license may be revoked at any
time by the Common Council for violation of any provision of this
chapter or for violation of any provision of Ch. 346, Wis. Stats.,
or 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 City Administrator - Clerk/Treasurer to immediately notify
the licensee to cease immediately to operate the taxicab for which
the license has been revoked.
A.
Minimum insurance required. No taxicab license shall
be issued until the applicant deposits with the City Administrator
- Clerk/Treasurer a policy of liability insurance covering all vehicles
to be included under the license. Such policy shall describe each
vehicle, including the model and serial number, passenger limit and
the state motor vehicle license number and expiration date. 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 injury or death of one person,
$300,000 for injury or death of multiple persons, and $50,000 for
damage to property of others for any one accident due to negligent
operation of such vehicle.
[Amended 4-13-2010 by Ord. No. 10-002]
B.
Proof of insurance. The policy of insurance shall
be approved by the City 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 10 days' written notice to
the City of Oconto Falls.
C.
Cancellation. The cancellation or other termination
of any insurance policy issued in compliance with this section shall
automatically revoke and terminate all licenses issued for the vehicles
covered by such insurance policy, unless another policy shall have
been filed and approved pursuant to this section and shall be in effect
at the time of such cancellation or termination.
A.
Driver's license required.
(1)
No person shall operate a taxicab unless he/she shall
possess a taxi driver's license. The fee for such a license shall
be as set by the Common Council.
(2)
Application. 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, present address, address
for the past three years, age, race, height, weight, color of eyes
and hair, place of citizenship, place of last previous employment,
marital status, Wisconsin motor vehicle operator's license number,
and a statement of whether the applicant had ever been convicted of
a felony or misdemeanor, whether previously licensed as a driver or
chauffeur and, if so, when and by what authority, whether the applicant's
license was ever revoked or suspended and, if so, for what cause and
the name of the prospective employer.
B.
Restrictions. No taxi driver's license shall be granted
any person:
(1)
Who is under the age of 18.
(2)
Who does not possess a valid Wisconsin state motor
vehicle operator's license.
(3)
Who has been convicted of felony, or who has been
convicted of driving a vehicle upon the highway while under the influence
of intoxicating liquor or narcotics, unless two years have elapsed
since the date of conviction or discharge from a penal institution,
whichever is later.
C.
Expiration. A taxi driver's license shall expire on
June 30th annually. It may be renewed upon application to the Chief
of Police on a form furnished by him titled "Application for Renewal
of Taxi Driver's License," which shall show the full name and address
of the applicant and the date upon which his original license was
granted and the number thereof.
D.
Payment of fee. Upon presentation of the City Administrator
- Clerk/Treasurer'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 in engaged in his employment. Each licensee shall affix
to the face of the license, in the space provided, a photograph of
the licensee, no less than 1 1/2 inches square, which shall provide
an accurate likeness of the licensee's face. No driver may loan his/her
license, or permit another person to use it, subject to revocation
of his/her license.
E.
Police file. 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.
A.
Chief may revoke.
(1)
The Chief of Police shall revoke a taxicab driver's
license if the licensee has, since the granting of the license:
(a)
Been convicted of a felony.
(b)
Had his/her 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, had
three or more convictions of any moving violation of the traffic laws
set forth in Wisconsin Statutes or of any such statutory provision
incorporated in municipal ordinances.
(2)
The Chief of Police shall revoke a taxicab driver's
license 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.
B.
Written notice. 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 Common Council for
a hearing thereon. The Common Council may, after the hearing, affirm
or reverse the action of the Chief of Police. If no appeal is taken
in 10 days, the action of the Chief of Police shall be final. The
Chief of Police shall repossess each license which is revoked.
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 Ch. 347, Wis. Stats.
Every taxicab shall be conspicuously marked
either on the right and left side or on the top so as to clearly designate
that such is a taxicab. A card containing the make of the vehicle,
taxi license number and rate of fare printed thereon shall be kept
in a conspicuous space inside such vehicle at all times.
