[Chapter 5-14, consisting of Article 1 entitled "Definitions," consisting of Section 5-14.101, Article 2 entitled "Permits," consisting of Sections 5-14.201 through 5-14.209, Article 3 entitled "Taxicabs," consisting of Sections 5-14.301 through 5-14.308, Article 4 entitled "Trams," consisting of Sections 5-14.401 through 5-14.403, Article 5 entitled "Buses," consisting of Section 5-14.501, Article 6 entitled "Limousines," consisting of Section 5-14.601, and Article 7 entitled "General Provisions," consisting of Sections 5-14.701 through 5-14.709, as added by Ordinance No. 567, effective February 2, 1973, as amended by Ordinance Nos. 571, effective July 4, 1973, 585, effective June 5, 1974, 590, effective September 4, 1974, and 593, effective August 19, 1974, amended in its entirety by Section 1, Ordinance No. 628, effective April 6, 1977.]
[§ 1, Ord. 628, eff. April 6, 1977, as amended by § 3, Ord. 701, eff. July 6, 1981; and § 1, Ord. 697, eff. May 4, 1981; § 1, Ord. 737; and by Ord. No. 1198-21, eff. September 2, 2021]]
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
(a) 
TAXICAB — Shall mean every vehicle which is used for the transportation of passengers for compensation when such compensation is determined and indicated by the mechanical calculations of a taximeter as defined in subsection (h) of this section.
(b) 
VEHICLE — Collectively shall mean and include any taxicab, tram, cart, automobile, electric bicycle, or bus used for any purpose, including rental or leasing to any person.
(c) 
PERSONAL MOBILITY DEVICE — Collectively shall mean and include motorcycles, mopeds, motorized scooters, hover boards, electrically motorized boards, Segways, or any other motor or battery powered devices.
(d) 
OWNER — Shall mean every person or entity having the title or the possessory right to any vehicle required by the provisions of this chapter to obtain a permit.
(e) 
DRIVER OR OPERATOR — Shall mean and include every person driving or operating a vehicle in service.
(f) 
COMPENSATION — Shall mean anything of value paid to, accepted, or received by the driver, operator, or owner of any vehicle in exchange for the rental of such vehicle or the transportation of persons, whether paid upon solicitation, demand, under contract, or voluntarily or intended as a gratuity or donation, including the payment of anything of value for other goods or services, when such payment entitles the person making such payment to the use of, or transportation in, any vehicle.
(g) 
PUBLIC TRANSPORTATION — Shall mean the operation of any vehicle which transports passengers over City streets for the purpose of providing and making available to the general public an alternative to the use of private vehicles, including but not limited to taxis, trams, buses, limousines, and courtesy vans which provide transportation as an integrated part of a hotel, or a sea, air or land transportation operation.
(h) 
TAXIMETER — Shall mean a mechanical instrument or device by which the charge for the hire of a taxicab is mechanically calculated, either for travel or waiting time, or distance, or both, and upon which such charge is plainly registered by means of figures indicating dollars and cents.
[§ 1, Ord. 628, eff. April 6, 1977, as amended by § 4, Ord. 701, eff. July 6, 1981; § 2, Ord. 737; § 1, Ord. 1077-08, eff. November 6,2008]
No person shall operate or cause to be operated within the City any vehicle for the purpose of providing public transportation without first obtaining a public transportation permit. All vehicles used under and pursuant to such permit shall be otherwise qualified for permitting in accordance with the requirements of Article 17 of Title 4, Chapter 4-4 of this Code. Transportation permits shall be valid for a period of three years only and may be renewed for an subsequent three-year period only if all of the findings set forth in § 4-14.1703(b)(1) and (2).
The permit requirement provided for in this section shall not be applicable to:
(a) 
Vehicles owned or operated by a public agency;
(b) 
Vehicles used in conjunction with a vehicle rental or leasing business for which a permit is required by Chapter 5-11 of this title;
(c) 
Vehicles which only transport freight or baggage.
[§ 1, Ord. 628, eff. April 6,1977, as amended by § 1, Ord. 764, eff. July 2, 1984]
Anyone receiving a permit pursuant to the provisions of this chapter may also provide charter service with prior written permission from the City Manager. In granting such approval, the City Manager shall be guided by whether such charters would interfere with the operator's existing business, the availability of other services, and other similar considerations. Any vehicle used for charter purposes, including but not limited to fixed rate touring services, shall have posted thereon at such times as charter services are being provided, a placard or sign setting forth the name and type of service being provided.
[§ 1, Ord. 628, eff. April 6, 1977, as amended by § 2, Ord. 697, eff. May 4, 1981; § 1, Ord. 1077-08, eff. November 6,2008]
(a) 
Any person desiring a permit or to renew a permit to operate a vehicle covered by the provisions of this chapter shall file a written application therefor with the Council. Such application shall:
(1) 
Be verified by oath of the applicant;
(2) 
Set forth the name, age, and address of the applicant, or, if a corporation, its name, date, place of incorporation, the address of its principal place of business, and the names of all its officers, together with their respective ages and addresses;
(3) 
State the trade name under which the applicant proposes to operate;
(4) 
Contain full information pertaining to (1) the extent, character, and manner in which such proposed operations are to be conducted; (2) the type, model, capacity, and condition of the vehicle(s) proposed to be operated and (3) the route or locations where the vehicle(s) is proposed to be operated for the purpose of transporting passengers;
(5) 
Contain an agreement by the applicant to hold harmless, defend, and indemnify the City; and
(6) 
Contain such other or additional information as the City may require.
(b) 
The Council may grant a permit upon the proposed terms or upon terms other than those proposed. The Council shall make the initial permit grant, and the Vehicle Clerk may thereafter renew a permit if he is able to make affirmative findings based on the criteria set forth below. If the Vehicle Clerk is unable to make the affirmative findings, he shall so advise the permit holder and set a hearing date before the Vehicle Hearing Officer, whose decision on the renewal shall be appealable to the City Council in accordance with the procedures set forth in Title 1, Chapter 1-4:
(1) 
The applicant has presented facts demonstrating a necessity for the requested vehicle(s).
(2) 
The requested vehicle(s) is appropriate for the intended use and necessary, for the proper functioning of the applicant's enterprise;
(3) 
The requested vehicle(s) will not have a deleterious impact on traffic congestion, traffic safety, noise or air pollution;
(4) 
In view of the size and nature of the streets of the City and the character of the City itself, the requested vehicle(s) will not have a deleterious impact on the public health, safety, and welfare;
(5) 
There is no more suitable alternative vehicle than the vehicle(s) requested by the applicant that can satisfy its requirements.
(6) 
In the case of renewal only, the requested vehicle has been used and continues to be used in accordance with the terms and conditions of the permit.
[1]
Editor's Note: Transportation permits issued prior to the date of adoption of this section shall be subject to expiration on February 15, 2009. The Vehicle Clerk shall give at least 30 days' written notice to holders of transportation permits issued prior to the date of adoption of the requirement to apply for renewal of the transportation permit and the forms and procedures applicable thereto.
[§ 1, Ord. 628, eff. April 6, 1977]
Rates shall be posted in such a manner as to be easily visible to the customer.
[§ 1, Ord. 628, eff. April 6, 1977]
No holder of a permit, or any agent or employee thereof, or any driver or operator of any vehicle covered by the provisions of this chapter shall charge for any amount of compensation other than the rates or fares posted.
[§ 1, Ord. 628, eff. April 6, 1977]
Each permit shall entitle the holder thereof to obtain a license to engage in the business described in the permit upon the payment of the fees required by the licensing provisions of this Code provided the holder of such permit complies with all the other applicable provisions of law, including the provisions of this Code.
[§ 1, Ord. 678, eff. April 6, 1977]
The Council shall have the power to suspend or revoke any permit granted pursuant to the provisions of this chapter when the Council determines that any of the provisions of this chapter have been violated, that the holder of any such permit has failed to comply with the terms of such permit or of this chapter pertaining to the extent, character, or quality of the service, or that a driver or operator has been convicted of violating any law involving the operation of a vehicle while under the influence of intoxicating liquor or narcotics or the reckless operation of or speeding in a vehicle. Before the revocation or suspension of any such permit, the holder thereof shall be entitled to a hearing before the Council and shall be notified thereof.
[§ 1, Ord. 628, eff. April 6, 1977, as amended by § 1, Ord. 760, eff. May 15, 1984]
(a) 
No holder of a permit shall operate any taxicab in the City until such taxicab shall be equipped with a taximeter of a type and design which shall have been approved by the Council. It shall be the duty of the holder operating such taxicab, and of the driver thereof, to keep such taximeter operating at all times the taxicab is engaged and within such standards of accuracy as may be prescribed from time to time by the Council.
(b) 
Every taximeter used in the operation of a taxicab shall be subject to inspection at any time by the City or any of its agents or employees.
(c) 
All charges for taxicab service shall be calculated and indicated by the taximeter.
(d) 
The taximeter requirements of this section shall not apply to the provision of the following services by taxicabs:
(1) 
Hotel courtesy service provided pursuant to a fixed rate contract entered into in advance of commencement of such service with any hotel. At least 48 hours' prior written notice of commencement of such service shall be given to the City Manager; such notice shall be given on or before January 1 of each year thereafter. Any taxicab providing hotel courtesy service shall have posted thereon a placard identifying the hotel(s) for which such service is being provided;
(2) 
Fixed rate tour services, subject to compliance with the provisions of §§ 3-3.302 and 5-14.02 of this Code; and
(3) 
Dial-a-ride services provided pursuant to agreement with the City of Avalon.
The taximeters of any taxicabs providing the foregoing fixed rate services shall be connected with the taxi roof light in such manner as to indicate when the taximeter is operating.
The requirements of this section shall be in addition to any other requirements contained in this Code. The City Manager is hereby authorized to suspend any taxi permit upon violation of any of the foregoing requirements.
[§ 1, Ord. 628, eff. April 6, 1977]
All vehicles operated pursuant to the provisions of this chapter shall be approved by the City before being placed in service. Such vehicles shall at all times be kept in a clean and sanitary condition and in a good state of repair and shall be subject to periodic inspections by the City. In the event the condition of any vehicle, in the opinion of the Chief of Police, shall be mechanically defective as to be undesirable for use by the public, the City may require such vehicle to be immediately withdrawn from service, and such vehicle shall not be again placed in service until approved by the Chief of Police.
[§ 1, Ord. 628, eff. April 6, 1977]
No operator of any vehicle, other than a taxicab, shall load or discharge passengers at any location in the public right-of-way unless such location as is specifically designated for that purpose.
[§ 1, Ord. 628, eff. April 6, 1977, as amended by § 2, Ord. 704, eff. August 17, 1981]
Every applicant for a permit pursuant to the provisions of this chapter, at all times during the term of such permit, shall maintain a policy of public liability insurance pursuant to § 1-6.01 of the Avalon Municipal Code.
[§ 1, Ord. 628, eff. April 6, 1977]
No person shall operate a vehicle permitted by this chapter with more passengers than the rated seating capacity of the vehicle being operated, less one.