Town of Buchanan, WI
Outagamie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Buchanan 11-4-1997 as Ch. 90 of the 1997 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Town traffic code — See Ch. 495.

§ 466-1 Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
TAXICAB
A motor vehicle having a seating capacity of less than eight persons, regularly engaged in the business of carrying passengers for hire, not operated on a fixed route and equipped with a taximeter or similar device by which the fare is mechanically calculated on the basis of distance traveled or waiting time.
TAXICAB DRIVER
A person who operates a taxicab.

§ 466-2 General regulations.

A. 
Identification. All taxicabs shall be suitably marked or identified as such.
B. 
Subject to traffic regulations. The state traffic code and the Town traffic regulations shall apply to the use and operation of taxicabs.
C. 
Number of passengers. No taxicab owner or operator shall carry or permit to be carried in any taxicab more than the number of passengers specified on the license applicable to the taxicab.
D. 
Operator not to drink. No person operating a taxicab shall drink any intoxicating beverage or be under the influence thereof while so engaged.

§ 466-3 Business license required.

[Amended 8-17-2010 by Ord. No. 2010-03]
No person shall operate or cause to be operated a taxicab business within the limits of the Town without having first secured a taxicab business license as provided in this chapter.

§ 466-4 Exceptions.

No taxicab business license shall be required of an owner or driver for operating or driving a taxicab licensed by another municipality for the purpose of delivering passengers to a point within the Town, nor to persons operating vehicles over regular routes or between fixed terminals, funeral cars, ambulances, vehicles licensed by permit of the State Public Service Commission, or rental cars.

§ 466-5 Taxicab business license.

A. 
Application. An application for a taxicab business 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 Town Administrator/Clerk upon forms furnished, 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 and year of manufacture, the engine number, serial number, capacity for passengers, and the state certificate of title number and license number.
B. 
Public hearing. The application shall be submitted by the Town Administrator/Clerk to the Town Board, which shall set a date for a public hearing before the Town Board to examine the public convenience and necessity of granting such license. The Town Clerk shall notify the applicant of the time and place set for the hearing and shall publish a Class 2 notice under Ch. 985, Wis. Stats.
[Amended 8-17-2010 by Ord. No. 2010-03]
C. 
Public convenience and necessity. Not later than 30 days after the hearing, the Town Board shall make its recommendation. No license shall be granted until the Town Board shall 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.
[Amended 8-17-2010 by Ord. No. 2010-03]

§ 466-6 Business license fees.

[Amended 8-17-2010 by Ord. No. 2010-03]
The taxicab business license fee shall be as listed in the Town of Buchanan Fees and Licenses Schedule per year, or any fractional part thereof, for each vehicle operated by the same licensee.[1] The license year shall commence July 1 and end June 30.
[1]
Editor's Note: The Fees and Licenses Schedule is on file in the Town Administrator/Clerk's office.

§ 466-7 Insurance.

A. 
No taxicab business license shall be issued until the applicant deposits with the Town Administrator/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 and shall insure against loss from liability to the amount of $300,000 for the injury or death of one person in any one accident, in the amount of $500,000 for the injury or death of more than one person in any one accident, and in the amount of $50,000 for damage to property of others for any one accident due to the negligent operation of such vehicle.
B. 
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 policy may not be canceled before the expiration of its term except upon 10 days' written notice to the Town. 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 vehicle 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.

§ 466-8 Rates.

Upon application for a taxicab business license or any renewal thereof, the applicant shall file with the Town Administrator/Clerk a schedule of fares to be charged. Such fares shall not be changed during the license year without the approval of the Town Board. No licensee or operator shall charge any rate other than the established rate. The licensee shall post or cause posting of established fares in all cabs.[1]
[1]
Editor's Note: Original Sec. 90-47, Police inspection, which immediately followed this section, was repealed 8-17-2010 by Ord. No. 2010-03.

§ 466-9 Taxicab driver's license.

Except as exempted under § 466-4, no person shall operate a taxicab as a taxicab driver within the Town without first obtaining a taxicab driver's license as provided in this section.
A. 
Qualifications. A taxicab driver must be at least 18 years of age. No taxicab driver's license shall be issued to any applicant who has been convicted of a felony or crime involving moral turpitude within the five years prior to filing application, unless the Town Board determines that such offense is unrelated to the applicant's competency and qualification for the license, nor to any applicant who is the holder of a state occupational operator's license.
B. 
Application. A written application for a taxicab driver's license shall be filed with the Town Administrator/Clerk on forms furnished by the Town, giving the name, address and age, whether or not the applicant has been convicted of a felony, the type of state operator's license issued to applicant, and stating the experience and the number of the state operator's license.
C. 
Fee. The application must be accompanied by a license fee as listed in the Town of Buchanan Fees and Licenses Schedule per year or fractional part thereof.
[Amended 8-17-2010 by Ord. No. 2010-03]
D. 
Badge. After the applicant has been granted a license, he/she shall obtain a suitable badge or identification card from the Town Administrator/Clerk which must be displayed on the licensee's person whenever he/she is driving or operating a taxicab. The cost of the driver's badge or card is to be borne by the licensee.
[Amended 8-17-2010 by Ord. No. 2010-03]
E. 
False application statement. The license of any applicant who makes a false statement in his application shall be void, and the license shall be surrendered to the Town Administrator/Clerk upon demand.

§ 466-10 Revocation.

A taxicab business or taxicab driver's license may be revoked by the Town Board for a violation of this chapter, any provisions of Chs. 340 to 349, Wis. Stats., the Town traffic code or for any offense affecting the safety or welfare of passengers. Such revocation may be for all vehicles or any vehicle included under a license. A taxicab driver's license issued under this chapter shall be automatically revoked if the licensee shall be convicted of a violation of this chapter or of any provision of Chs. 340 to 348, Wis. Stats., three times within any consecutive twelve-month period. The Town Administrator/Clerk shall notify the licensee of such revocation, and the licensee may, within 10 days of such notice, in writing, request a hearing on such revocation before the Town Board.

§ 466-11 Off-street parking required.

Before a taxicab business license will be issued under this chapter, the licensee must provide adequate off-street parking for the vehicles to be licensed. Such off-street parking shall be stated in the application for a license.