The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Public vehicle
means and includes any motor vehicle operated within the city for the purpose of carrying passengers for hire, except motorbuses operating on fixed routes as specified in this article, specially chartered buses and driverless cars. The term shall also include motor-driven vehicles with or without a taximeter and hired or rented where rates are charged on the time basis or otherwise.
(Code 1974, § 15-20)
The operation of public vehicles shall be subject to the conditions, regulations and restrictions set forth in this article, and it shall be unlawful to operate or cause to be operated in the city any public vehicle unless a license therefor shall have been issued to the owner thereof in accordance with the conditions, regulations and restrictions prescribed by this article. However, this article shall apply only to vehicles operating wholly or principally within the city and shall not affect motor bus companies regulated by the state motor bus transportation act, and it shall not affect motor buses operating on fixed routes and upon fixed schedules of time and fare, specially chartered buses, sight-seeing buses, driverless cars or motor buses owned and operated by any street railway company under authority of the general laws of the state.
(Code 1974, § 15-21)
No public vehicle shall operate for the transportation of persons as passengers for compensation or hire within the city without first having obtained from the city council under the provisions of this article a certificate declaring that the public convenience and necessity require such operation and without having a license as provided by this article.
(Code 1974, § 15-22)
Application for a certificate of public convenience and necessity for the operation of public vehicles within the city shall be made to the city council and shall provide the following:
(1) 
The name and address of the applicant;
(2) 
The trade name under which the applicant does or proposes to do business;
(3) 
The number of vehicles the applicant desires to operate;
(4) 
The class, seating capacity, design and color scheme of each vehicle and the lettering and marks to be used thereon;
(5) 
Whether the applicant has been convicted of the violation of any federal, state or municipal law;
(6) 
Whether the applicant or any person with whom he has been associated or employed has claims or judgments against them for damages resulting from the negligent operation of a public vehicle;
(7) 
The financial ability and responsibility of the applicant;
(8) 
His ability to respond in damages in the event of injury to person or damage to property by reason of the negligent operation of a public vehicle;
(9) 
If the applicant is a firm or corporation, its organization and personnel;
(10) 
The nature and character of service that the applicant proposes to render;
(11) 
Facts showing the demand for the service;
(12) 
The experience that the applicant has had in rendering such service and the period of time that he has rendered it in the city;
(13) 
The price that he proposes to charge for such service;
(14) 
Facts showing that adequate and dependable service can be rendered for the prices stipulated and that they are not in excess of fair and reasonable charges to be made for such service; and
(15) 
Any other information as may be required by the city council.
(Code 1974, § 15-23)
(a) 
The city council shall make or cause to be made such investigations as it may consider necessary, including any hearings that it may deem desirable, as to any applications for certificates of public convenience and necessity, and shall determine whether the public convenience and necessity require the operation of the vehicle or vehicles and whether the applicant is fit and proper to conduct such business, and may investigate the fitness of the officers and stockholders of any corporation making such application. In determining whether a certificate should be issued, the city council shall give weight and due regard, among other things, to:
(1) 
Probable permanence and quality of the service offered by the applicant, the experience that the applicant has had in rendering such service, the past experience of the applicant in adjusting claims and paying judgment, if any, to claimants as a result of injuries received from the negligent operation of public vehicles;
(2) 
The financial ability of the applicant to respond in damages to claims or judgments arising by reason of injury to person or damage to property resulting from negligent operation of a public vehicle;
(3) 
The prices the applicant proposes to charge for the service to be rendered will not exceed that which is provided by ordinance of the city in effect at time of filing the application; and
(4) 
The character and condition of the vehicles to be used.
(b) 
The evidence in any investigation, inquiry or hearing may be taken by the city council or by the city manager, and such evidence of agent or employee to whom such investigation, inquiry or hearing has been assigned by the city council, or such investigation, inquiry or hearing, when adopted, approved or affirmed by the city council, shall be the finding, opinion or order of the city council.
(Code 1974, § 15-24)
(a) 
If the city council finds that the public convenience and necessity require the operation of a greater or lesser number of vehicles that that for which a certificate of public convenience and necessity has been applied, and the applicant is fit to conduct the business and that the other requirements of this article have been complied with, the city secretary shall issue to the applicant a certificate of public convenience and necessity accordingly.
(b) 
If the city council finds that public convenience and necessity do not require the operation of any such vehicles or that the applicant is not fit to conduct such business, it shall forthwith refuse the application and no certificate or license shall be issued to the applicant.
(Code 1974, § 15-25)
(a) 
Certificates of public convenience and necessity shall not be transferable without the consent and approval of the city council after application and hearing as provided upon original application by the person to whom the certificate is issued; however, the applicant may, by appropriate endorsement made on such certificate under the direction of the city council, substitute another vehicle or vehicles in the place of that for which the certificate was granted.
(b) 
Should the city council find that public convenience and necessity at any time require additional taxicab service, preference shall be given to the persons or companies operating existing service, should they be willing to furnish it.
(Code 1974, § 15-26)
The officers charged with enforcing this article will promptly report any violations of the provisions of this article or any other valid ordinance passed by the city council, or any facts showing a change in the conditions existing at the time the license to operate any public vehicle was issued, which shall subject the certificate of convenience and necessity that may be granted under this article to cancellation. The certificate may be canceled after ten days’ notice and after a full hearing thereon if in the discretion of the city council the cancellation is in the public interest.
(Code 1974, § 15-27)
(a) 
Upon presentation of a certificate of public convenience and necessity within 30 days of its date and satisfactory evidence that all rent fees have been paid to the city, and that such other fees and taxes, including ad valorem taxes, as may be required by law, have been fully paid, the city secretary shall issue to the applicant a license for each vehicle specified in the certificate; provided, however, any certificate issued under this article shall be effective until canceled, and no additional certificates shall be required for the purpose of obtaining a license so long as the original certificate remains in effect and the applicant strictly complies with all the requirements and provisions of this article, and provided further that such owner or operator of a public vehicle for hire shall be strictly limited to the character and type of operation as evidenced by the application and as specified in the certificate and license.
(b) 
No license for the operation of a public vehicle shall be issued, nor shall any public vehicle be operated within the city, unless and until the city council has issued a certificate under the terms and provisions of this article that public convenience and necessity require the operation thereof.
(Code 1974, § 15-28)
The city council at the time of issuing a certificate of public convenience and necessity shall charge each grantee a reasonable rental based upon the number of taxicabs operated, streets and thoroughfares used, number of miles traveled thereon, and the number of passengers transported, as compensation for rental for the use and occupancy of the streets and thoroughfares of the city. The rental is to be paid at the office of the city secretary in accordance with the terms and provisions of the certificate. The city council may at any time increase or decrease the rental charge due to a change in conditions or an increase or decrease of the use of the streets of the city after ten days’ notice to any and all persons operating in the city pursuant to a certificate of public convenience and necessity issued pursuant to the provisions of this article.
(Code 1974, § 15-29)
(a) 
No person shall drive or operate a public vehicle in the city unless he has been issued a permit to do so by the chief of police, which shall be granted only after submitting himself to a physical examination which shall show that he is physically able to perform such work.
(b) 
In his application he shall state the following:
(1) 
His name, street address, age, period of experience in operating public vehicles;
(2) 
That he is not addicted to any habits that would impair his physical ability to operate such vehicle;
(3) 
Whether he has ever been convicted of any offense against the laws of the city, state or nation, and if so, the nature of such convictions;
(4) 
His place of residence for the three years preceding the date of such application;
(5) 
The length of his residence in the city immediately prior to the making of the application; and
(6) 
Such other information as the chief may require.
(c) 
This permit shall be in force and effect for one year from the date of its issuance unless otherwise canceled or revoked by the chief.
(Code 1974, § 15-30)
A description of the owner’s license and the driver’s permit shall be attached to the vehicle in some conspicuous place where it may be easily seen by passengers and shall state the number of the car license and such other facts as will properly identify it, the dates that the license and the permit were issued and any other information that may be deemed proper by the chief of police.
(Code 1974, § 15-31)
The city council shall from time to time cause to be made an inspection of public vehicles, and if any vehicle shall be found unfit or unsafe for operation, notice shall be given to the holder of the certificate of public convenience and necessity and license thereof, and the vehicle shall not be operated thereafter until it has been put in a safe and fit condition.
(Code 1974, § 15-32)
It shall be unlawful for any owner or operator to permit a public vehicle to stand waiting for employment upon any public street or public property within the city, but it must stand and remain, except while in the immediate act of discharging or taking on passengers, upon and within private depots and grounds upon private premises.
(Code 1974, § 15-33)
No owner, employee or other person in behalf of the owner or operator of any public vehicle shall solicit, by word, signal or otherwise, patronage for the public vehicle on any public street or public property or sidewalks of the city, and such persons are prohibited from cruising, seeking employment or in any manner soliciting, by word, signal or otherwise, patronage for such vehicles while in operation or in use upon any public street or public property.
(Code 1974, § 15-34)
No person shall use the terms “taxi” or “taxicab” or “for hire automobile” or “for hire car” or “auto rental” or in any way advertise or hold himself out as a taxicab company or operator or for hire automobile company or operator or represent himself to be such by means of advertisements, signs, trade names or otherwise unless he has previously thereto complied with the conditions, regulations and restrictions prescribed by this article.
(Code 1974, § 15-35)
The owner or operator of public vehicles shall keep a daily record of the transportation or trips of each vehicle, and such record shall show in detail the hour and place of departure and return of each trip, its destination and the name of the operator of the vehicle.
(Code 1974, § 15-36)
(a) 
Any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and the person, or any employee, agent, manager or officer thereof, who is guilty of violating any of the provisions of this article shall upon conviction be punished as provided in section 1-12 for each offense. In case of willful or continued violations by any person, or his employees, agents, servants or officers, the city shall have power to revoke and repeal any license, permit, privilege and franchise granted to the person.
(b) 
In case of any willful violation of any of the terms and provisions of this article, the city, in addition to imposing the penalties above provided, may institute any appropriate action or proceeding in any court having jurisdiction, to restrain, correct or abate such violation. The definition of any violation as a misdemeanor shall not preclude the city from invoking the civil remedies given it by the laws of the state.
(Code 1974, § 15-37)