[Ord. No. 994, 6-10-2014; Ord. No. 1098, 1-22-2019]
The term "taxicab," as used in this article, is defined to mean
and include any vehicle engaged in carrying passengers for profit
and not involved in interstate travel with trips originating, ending
or traversing City limits.
Any violation of this section shall be deemed a misdemeanor. Any person operating a taxicab without a taxicab license issued by the City is guilty of a Class B misdemeanor subject to the penalties of Section 1-11 and possible revocation of their license for a period of time to be set by the City commission. Additionally, a person or company who has three or more violations within a two-year period for operating without a taxicab license may no longer apply for a license.
[Ord. No. 994, 6-10-2014]
This article is adopted under the general police powers as a
regulatory measure, and it is not intended hereby to grant or offer
any franchise but as denoted by the title of the ordinance from which
this article is derived, it is intended to regulate the operation
of taxicabs within the City.
[Ord. No. 994, 6-10-2014]
No person shall for remuneration transport passengers in a taxicab
without first having obtained a taxicab license from the City.
[Ord. No. 994, 6-10-2014]
The Board of City Commissioners shall take into consideration,
in the granting or refusing to grant the license required by this
article, the public convenience and necessity and shall not grant
additional licenses for taxicabs when, in the opinion of the Board
of City Commissioners, the public convenience and necessity do not
require that such additional taxicabs be so licensed.
[Ord. No. 994, 6-10-2014]
An applicant for a taxicab license shall file a sworn written
application to the Board of City Commissioners signed by the applicant,
if an individual, all partners if a partnership, or the president
and secretary if a corporation or limited liability company; which
application shall state the name, age, business and residential addresses
of the applicant or applicants, make of the vehicles or taxicabs for
which the license is desired, the serial and motor numbers, the year
when such vehicles were made, seating capacity of each taxicab sought
to be so licensed and any other information requested by said Board.
Any partnership, corporation, limited liability company or other business
wishing to apply for a taxicab license must be properly licensed and
provide information verifying they are currently licensed to do business
in this State. Additionally any partnership, corporation, limited
liability company or other business wishing to apply for a taxicab
license must have a local agent with a physical address for the process
of service related to the sections of this chapter who shall remain
available throughout the term of any license granted.
[Ord. No. 994, 6-10-2014; amended 8-27-2019 by Ord. No. 1107]
Before granting any license required by this article, it shall
be the duty of the Police Department, or its agents, to investigate
as to the applicant's background, including, but not limited
to, the applicant's driving record, local criminal background
check and fingerprinting. The applicant is to provide the Police Department
a certified copy of the applicant's driving record.
[Ord. No. 994, 6-10-2014; Ord. No. 1067, 8-22-2017]
(a)
The applicant shall procure and file with the City Auditor an indemnity
insurance policy, conditioned in effect to pay any judgment for damages
to property or damages to or death of any passenger or other person
caused by the negligence, omission or want of care in operating or
handling the licensed taxicab, by the licensee, his agents or servants,
during the life of the license only. The policy of insurance required
in this chapter shall be approved by the City Attorney as to legal
form and the City Auditor as to sufficiency before it is filed. The
indemnity policy must be executed by a surety, casualty or indemnity
company duly authorized to do such business, and doing such business,
in the State.
(b)
Additionally, a license may not be issued under the provisions of
this chapter or continued in operation unless there is in full force
and effect liability insurance for each vehicle authorized in the
amount of, and shall insure the licensee against liability to the
amount of, $500,000 for the injury, property damage, or death of one
person in any one accident; and in the amount of $1,000,000 for the
injury, property damage, or death of more than one person in any accident.
(c)
The policy of insurance shall contain a provision that the same may
not be cancelled before the expiration of its termination except upon
30 days' written notice to the City, and shall include a provision
stating that the coverage of said policy shall extend to and include
all vehicles temporarily substituted for those listed in said policy
and shall automatically include all new vehicles added by the licensee.
(d)
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 any other policy shall have been filed and approved pursuant
to this section and shall be in effect at the time of such termination
or cancellation.
(e)
The policy of insurance shall include worker's compensation
policy as provided by the North Dakota Workforce Safety & Insurance.
(f)
Each licensee having a fleet of one or more vehicles must have in
its fleet, a vehicle that is handicap accessible pursuant to the Americans
with Disabilities Act.
(g)
Following the investigation being made as stated in § 21-21 and upon approval of the Board of City Commissioners, a determination will be made regarding the application for a taxicab license. If the motion passes and one or more taxicabs so licensed, the grant of such license is conditioned on the procurement of the liability insurance policy in this chapter.
[Ord. No. 994, 6-10-2014; Ord. No. 1067, 8-22-2017]
The Board of City Commissioners, having determined to issue the license required by this article, and the applicant having first filed and deposited in the office of the City Auditor an indemnity policy of insurance and liability insurance in accordance with § 21-22 of this article, then a license, as applied for, executed by the President of the Board of City Commissioners, and countersigned by the City Auditor, shall be issued to the applicant covering the particular taxicabs from the date of Board approval through the end of that same calendar year. There shall be no prorating of taxi license fees.
[Ord. No. 994, 6-10-2014]
The license fees for each taxicab sought to be licensed by each
applicant in the City of Williston shall be set by resolution.
[Ord. No. 994, 6-10-2014; Ord. No. 1067, 8-22-2017]
(a)
No taxicab license shall be transferable either from the vehicle described in the original application to another vehicle, or from the original licensee to another person, without the consent and approval of the Board of City Commissioners, except that where a taxicab is out of service for repairs, the license can be temporarily transferred to a reserve cab. The temporary time allotted will be based on a written quote provided by a qualified mechanic that states a date by which the vehicle can be repaired, up to a maximum of 120 days. A taxicab or taxicabs so used must be covered by insurance as provided in § 21-22 of this article, and all regular and reserve cabs must be listed with the City Auditor. In cases of emergency and where the City Auditor is satisfied that there is a real emergency and need, he can issue an additional taxicab license or licenses upon payment of the fee and securing insurance as required in this article.
(b)
If a taxicab license is transferred from a vehicle described in the original application to another vehicle, the owner of the license must certify to the Board of City Commissioners, and provide proof of such, that the taxicab business possesses a cab in their fleet that is handicap accessible pursuant to § 21-22.
[Ord. No. 994, 6-10-2014]
(a)
Any license issued under the provisions of this article shall be,
and is, issued with the distinct understanding that such license may
be suspended or revoked and terminated by the Board of City Commissioners,
at any time the Board may deem it necessary.
(b)
Written notice of such suspension, revocation or refusal to renew
shall be given the licensee. Any person whose license shall have been
revoked, suspended or renewal refused by the City Commission may,
within 10 days thereafter appeal to the Board of City Commissioners
for a hearing thereon; and the Board of City Commissioners may, after
the hearing, affirm or reverse its first action. If no appeal is taken
within 10 days, the action of the City Commission shall be final.
[Ord. No. 994, 6-10-2014; Ord. No. 1067, 8-22-2017]
Taxicab licenses may be renewed by the City Auditor upon the
payment of the fees, the filing of policies of insurance, and a certification
the licensee is in compliance with all of the rules and regulations
required for licensure by the City Auditor.
[Ord. No. 994, 6-10-2014]
(a)
The licensee may not employ any person as a driver:
(1)
Who is under 21 years of age.
(2)
Who does not possess a valid North Dakota driver's license.
(3)
Who has been convicted of a felony, or who has been convicted
of driving a vehicle while under the influence of intoxicating liquor
or narcotics, unless one year has elapsed since the date of his conviction
or discharge from a penal institution, whichever is later.
(4)
Who during any continuous one-year period has been convicted
of two or more violations of the traffic ordinances of any City or
state.
(5)
Who is unable to read, speak or understand English.
(6)
Who is not of sound physique, who has distance visual acuity
of at least 20/40 (Snellen) in each eye without corrective lenses,
distance binocular acuity of at least 20/40 (Snellen) in both eyes
with or without corrective lenses, field of vision of at least 70°
in the horizontal meridian of each eye, and the ability to recognize
the colors of traffic signals and devices showing standard red, green,
and amber; and that the applicant has good hearing and is not subject
to epilepsy, vertigo, heart trouble or other infirmity of body or
mind, which might render him unfit for the safe operation of a taxicab.
(7)
Who is currently taking medication which might render him unfit
for the safe operation of a taxicab.
(8)
Who has been disapproved by the Chief of Police or his agent
under the provisions of the following section.
[Ord. No. 994, 6-10-2014]
(a)
Any person desiring to drive a taxicab or be employed as a taxicab driver must submit an application to the Chief of Police. The application must include evidence of that they are qualified under § 21-28 of this chapter. Additionally, the applicant must also submit to a background check. The applicant must also submit proper picture identification to be kept on file by the Chief of Police. The Chief of Police shall disapprove a taxicab driver if the driver:
[Ord. No. 994, 6-10-2014]
Written notice of the approval or disapproval of a driver under
this article must be sent to the licensee. Any person who is disapproved
by the Chief of Police may, within 10 days thereafter, appeal to the
Board of City Commissioners for a hearing thereon; and the Board of
City Commissioners 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.
[Ord. No. 994, 6-10-2014]
If shall be the duty of a licensee under this article, before
operating any taxicab on the streets of the City, to paint or stamp
on the body of the taxicab in reasonably large print, the words "Taxicab,"
his name and the license number. Additionally, a picture identification
of the driver shall be displayed in every cab being operating. No
licensee, his agents or servants, shall allow or permit to be carried
on or in the taxicab, as passengers or otherwise, within the City,
more persons than the regular seating capacity thereof will reasonably
accommodate and seat therein. Upon the expiration of any such license,
unless the same is renewed, it shall be the duty of the licensee to
erase or obliterate the words and figures aforesaid so painted or
stamped on the taxicab before using the taxicab for any purpose on
the streets or public highways of the City.
[Ord. No. 994, 6-10-2014]
It shall be unlawful for any taxicab driver to engage in taxicab
operations more than 12 hours out of every 24. It is also unlawful
for any taxicab driver to engage in taxicab operations more than 60
hours in any seven-day period or 70 hours in an eight-day period.
A driver shall be deemed to be operating a taxicab within the terms
of this section whenever he is in charge of a taxicab and holding
himself in readiness to convey passengers.
[Ord. No. 994, 6-10-2014]
Duly licensed taxicabs may be permitted to stand while waiting
for employment at such places within the City as may from time to
time be designated by the Chief of Police. A taxicab driver shall
not stand or park his taxicab upon any street within the fire limits
of the City or at any place other than a taxicab stand, except that
this provision shall not prevent any taxicab driver from temporarily
stopping in accordance with other stopping and parking regulations
at any place for the purpose of and while actively engaged in loading
or unloading passengers.
[Ord. No. 994, 6-10-2014]
No taxicab driver shall refuse to carry passengers to or from
any part of the City with reasonable promptness.
[Ord. No. 994, 6-10-2014]
No taxicab driver shall at any time carry a larger number of
passengers than the number for which the taxicab was rated in the
application for the taxicab license. If space is available in the
back seat or seats, the passengers shall ride in the rear seat unless
the passenger expresses a desire to ride in the front seat.
[Ord. No. 994, 6-10-2014]
Any patron who first engages service in a taxicab shall receive
individual service, unless he shall give consent to additional passengers
being carried, except that there shall be no right to individual service
in taxicabs transporting passengers to or from the Sloulin Field International
Airport or the Burlington Northern Depot.
[Ord. No. 994, 6-10-2014]
It shall be unlawful for any taxicab driver to pick up or deliver
any alcoholic beverage.
[Ord. No. 994, 6-10-2014]
It shall be unlawful for any taxicab driver to permit any person
other than a patron, licensee or his employees to ride in a taxicab.
[Ord. No. 994, 6-10-2014]
Any driver employed to transport passengers to a definite point
shall take the most direct route possible over which the passenger
can be carried to his destination safely and expeditiously.
[Ord. No. 994, 6-10-2014]
It shall be unlawful for any driver or person in charge of a
taxicab to conduct himself in other than a courteous manner while
so occupied or while in charge of such vehicle.
[Ord. No. 994, 6-10-2014]
No taxicab driver shall smoke in a taxicab whether or not carrying
passengers.
[Ord. No. 994, 6-10-2014]
No taxicab license shall be granted to any person to operate
taxicabs and sublease or rent out such vehicles for the purpose of
transporting passengers for hire, or to permit the use of any vehicle
not listed on such licensee's application for the transportation
of passengers for hire under said license. Nor are taxicab licenses
transferred upon a sale or assignment of a partnership, corporation,
limited liability company, or any other business holding a taxicab
license under this chapter.
[Ord. No. 994, 6-10-2014]
It shall be the duty of the licensee under this article to keep
each taxicab in a clean and sanitary condition, in good repair, well-lighted
and painted and equipped and maintained as required by the North Dakota
Century Code.
[Ord. No. 994, 6-10-2014]
The brakes, horn, speedometer, lights, tires, steering gear
and windshield wiper of each taxicab licensed under this article shall
be examined and tested as to sufficiency prior to the granting of
the original license, and at least once every six months thereafter.
The inspection shall be made by any garage in the City, approved by
the Chief of Police, and shall be evidenced by a certificate of examination
and sufficiency which shall be filed with the Chief of Police.
[Ord. No. 994, 6-10-2014]
(a)
The holder of any taxicab license issued pursuant to this article
shall forthwith file with the City Auditor a schedule showing the
fare or fares to be charged for transportation of each passenger from
any one place to another, plus charges made for additional passengers,
waiting time and other special charges. The fare or fares must be
listed on a per mile basis. Such schedule must include any specified
group rates. Such schedule of fares must be approved by the City Commission.
The City Commission may amend or change such schedule of fares.
(b)
If the holder of any taxicab license shall desire to amend his schedule
of fares to be charged, such amendment must be filed with the City
Auditor and shall not be effective until approved by the City Commission.
A card containing the name of the licensee, taxicab license number
and rates of fare printed thereon shall be prominently posted and
displayed in a conspicuous place inside of such vehicle so as to be
visible to the passengers therein at all times.
[Ord. No. 994, 6-10-2014]
Any schedule of fares filed with the City Auditor in accordance with § 21-45 shall be binding upon all licensees, operators and drivers of taxicabs from the date such schedule is filed with the City Auditor and approved by the Board of City Commissioners until such schedule is superseded by the filing of a new schedule by the licensee, and such new schedule has been approved by the Board of City Commissioners; provided, however, that no such schedule shall be superseded or revoked within 30 days after the filing of the same without approval of said Board of City Commissioners.
[Ord. No. 994, 6-10-2014]
It shall be unlawful for any holder of a taxicab license, with respect to which a schedule of fares or rates has been filed with the City Auditor in accordance with § 21-45, to charge or to collect any fares for or with respect to the transportation of passengers other than the fares provided for and set out in such schedule. It shall be the licensee's responsibility to ensure that only the most recent schedule of fares or rates filed with the City Auditor are being charged by its taxicabs.
[Ord. No. 994, 6-10-2014]
The holder of a taxicab license shall keep for all taxicabs
a written daily record of all calls made and passengers transported,
showing the time and place when and where the passenger was secured
and the place where the passenger was taken, and the number of passengers,
which record shall be kept by the licensee at the place of business
stated in such license for two years, and shall be open to inspection
by the Chief of Police or any designated officer, at all times.
[Ord. No. 994, 6-10-2014]
Every taxicab must be equipped with a taximeter of a make, construction
and operation satisfactory to the Chief of Police, and have a lighted
dial in plain view to passengers which registers the fare for each
trip. Taximeters must be factory sealed and certified by the manufacturer
to be accurate. Before being used for the charging of fares, taximeters
must be certified as to accuracy, and sealed before use. The Police
Department may inspect and test a taximeter at any time.
Any taximeter which is the subject of a complaint must be placed
out of service until it is re-certified by the manufacturer or a qualified
service provider. No person may tamper with or break the seal of a
taximeter for any purpose. No taxicab may be operated in the City
if the seal of the taximeter has been broken until the taximeter is
reinspected by the manufacturer or a qualified service provider and
resealed. No person may operate any taxicab without a sealed operating
taximeter in compliance with this chapter.
[Ord. No. 994, 6-10-2014]
All luggage transported by taxicabs must be securely stowed
within the taxicab, or if the taxicab has designated storage, including
but not limited to roof racks and the like, then luggage may be securely
stowed in such storage.
[Ord. No. 994, 6-10-2014]
Any person upon whom a duty is placed by the provisions of this chapter who shall fail, neglect, or refuse to perform such duty, or violates any of the provisions of this chapter except for a violation described in § 21-16, shall be fined in any sum not to exceed $100. Each day that a violation of this chapter continues is a separate and distinct offense and shall be punishable as such. The penalty herein provided will be cumulative with and in addition to the revocation or cancellation of any license or right as elsewhere provided. The penalty for violations of this chapter shall be deemed to be an infraction other than the penalties for § 21-16.
[Ord. No. 994, 6-10-2014; Ord. No. 1067, 8-22-2017]
When not in operation, a licensed party should have a designated
area for parking of taxicabs. A residence designated as a parking
area may not have more than two taxicabs parked there at any given
time. Any newly licensed cab company must provide proof of such designated
off-street parking with their application.
