The following terms and phrases as used in this article, unless
the context clearly shows otherwise, shall have meanings as follows:
The person, partnership, or corporation who applies for a
certificate.
A service rendered by a vehicle designed to transport passengers,
on a scheduled fare basis, with fixed schedules or routes, by which
passengers are picked up and transported to one or more destinations.
Such service does not include door-to-door service as herein defined.
A permit authorizing the operation of taxicabs or special
service transportation vehicles over the streets of the city pursuant
to certain terms, regulations, and conditions issued pursuant to this
article.
Any person, firm, corporation, association, partnership or
society who holds a valid and current certificate and who has the
control, direction, maintenance and the benefit of the collection
of revenue derived from the operation of one or more taxicabs or special
service transportation vehicles on or over the streets or public ways
of the city, whether as owner or otherwise.
Any type of service in which a vehicle designed to accommodate
more than eight (8) persons, along with a driver, is furnished for
a specific trip or excursion, and which is contracted for orally or
in writing by an individual or group so as to obtain exclusive use
of the vehicle for an interval of time generally less than twenty-four
(24) hours.
A service rendered by a vehicle designed to transport passengers
on a scheduled fare basis, by which passengers are picked up and transported
from their places of residence to their destinations and returned
on a personalized “door-to-door” basis.
The person actually driving a taxicab or special service
transportation vehicle, or a person who has been hired or has contracted
with another to drive, whether he or she is the owner or is an agent,
servant or employee of the owner.
A person or organization to whom a certificate or permit
has been issued.
A service which offers chauffeured vehicles (other than properly
identified taxicabs) with a seating capacity of no more than eight
(8) passengers in addition to a driver, to engage in the commercial
transportation of people for compensation and to provide such service
in response to advance arrangement and reservation by persons who
specify a point of pickup, a time of pickup, and a length of time
for which service is to be provided for the exclusive use of such
persons; such service being rendered only in response to reservation
and prearrangement generally and customarily made at least one (1)
hour in advance of the time that such service is to begin.
Every motor-propelled vehicle used for the transportation
of persons over the public streets of the city.
Passengers who pay a fee or fare for transportation. Such
term does not include guests of hotels or motels that offer transportation
without charge; students of private and public schools where transportation
is not offered to the general public; nor individuals engaged in vehicle
pooling or who share the expense arrangements, and the number of passengers
is not in excess of eight (8).
Includes an individual, firm, corporation, association, partnership,
joint venture or society.
Such officers and employees of the city as may be designated
by the city manager to enforce and administer the provisions of this
article. The designated members of the police department shall promulgate
rules necessary to enforce the provisions of this article.
A service which includes tour vehicle service, charter service,
limousine service, bus service and door-to-door service, as defined
herein, using vehicles carrying passengers for hire.
Every motor vehicle used for carrying passengers for hire
other than those motor vehicles used as special service transportation.
A public place alongside the curb or curbline of a street
which has been designated by the police department as reserved exclusively
for the use of taxicabs in accordance with the provisions of this
article and the traffic ordinances of the city.
A meter, instrument or device attached to a taxicab which
measures mechanically or electronically the distance driven and the
waiting time upon which the fare is based.
A service which will furnish vehicles for hire to carry passengers
to any established place or places of interest within the city.
(1990 Code, sec. 3.1301; Ordinance 15-006, sec. 1, adopted 1/27/15)
A person who violates this article is guilty of a separate offense for each day or part of day the violation is committed, continues, or permitted. Each offense, upon conviction, is punishable by a fine as provided in section 1.01.009.
(1990 Code, sec. 3.1328)
The city shall be entitled to pursue all other criminal and
civil remedies to which it is entitled under any other law, and the
remedies provided herein are not exclusive.
(1990 Code, sec. 3.1329)
All vehicles, certificate holders, and drivers shall be subject
to all other laws, civil or criminal, governing the use of vehicles
within the city and state.
(1990 Code, sec. 3.1326)
The following vehicles shall be exempt from this article:
(1)
Vehicles
that are leased or rented without drivers;
(2)
Ambulances
and special vehicles used exclusively in connection with funerals;
(3)
Vehicles
operated by the city or its agents;
(4)
Vehicles
licensed by another governmental entity transporting a passenger from
a point outside the city to a destination inside the city, if the
taxicab leaves the city without receiving a passenger inside the city;
(5)
Vehicles
owned and operated by the federal or state government, by any political
subdivision of the state, or by a person under contract with the city
for operation of a vehicle;
(6)
Vehicles
owned by a nonprofit organization and carrying only passengers associated
with that organization, if no compensation is received from any other
person for carrying the passengers;
(7)
Vehicles
which are used to transport elderly, disabled, mobility impaired,
or persons traveling to and/or from medical facilities;
(8)
Vehicles
in the performance of a service involving a point of origin or destination
outside the city that was authorized by a certificate of public convenience
and necessity issued by the state railroad commission, or successor
regulatory body.
(1990 Code, sec. 3.1303)
Except when carrying passengers, or going to pick up passengers,
or going to a garage or other place where automotive repairs are made,
all vehicles shall be kept off the streets of the city and upon premises
owned by or leased to, and under the supervision and control of, the
holder of the certificate; provided, that taxicabs may await dispatch
calls on any nonresidential property in the city with the consent
of the owner thereof, and further provided that if a person is an
owner and certificate holder of a taxicab such person may keep the
taxicabs at their residence.
(1990 Code, sec. 3.1312)
It is the duty of every certificate holder to screen its drivers.
While it is the intent of the city in its permitting process to provide
protection to the public generally by exercise of police power, such
exercise shall not relieve a certificate holder from its duty to determine
the fitness of its drivers, and no certificate holder shall rely on
the city taxicab driver’s permit to excuse it from said duty.
(1990 Code, sec. 3.1314)
Every driver of a taxicab or special service transportation
vehicle shall have the right to demand the payment of the regular
fare before picking up a passenger and may refuse employment unless
so paid; otherwise, no driver of such vehicle shall refuse or neglect
to convey any orderly person upon request to any place in the city
unless previously engaged or unable to do so. It shall be unlawful
for any driver to request payment in advance of a fare in excess of
the fare prescribed by the driver’s operating authority.
(1990 Code, sec. 3.1316)
It shall be unlawful to cause, suffer or allow to be operated
a taxicab or special service transportation vehicle which is not in
compliance with the following minimum standards:
(1)
Each
taxicab or special service transportation vehicle shall conform to
all state minimum safety standards.
(2)
No
taxicab shall be operated with visible, unrepaired damage that could
impair the safe operation of the vehicle.
(3)
No
rips, tears, stains or threadbare portions of floors, seats, back,
and armrests.
(4)
Each
taxicab shall be equipped with a cell phone or two-way radio communication
equipment in proper operating condition capable of transmitting and
receiving vocal communication between such taxicab and the dispatching
office of the certificate holder.
(5)
Each
taxicab and special service transportation vehicle shall conform to
the description of the insignia and color scheme proposed in the certificate
holder’s application for a certificate, or as such color scheme
and insignia has been amended by written request of the certificate
holder approved by the police department.
(6)
(A)
No vehicle shall be used as a taxicab vehicle if it is more than
sixty (60) months old, except upon written approval of the police
department after a thorough inspection, and determination by the police
department that the vehicle otherwise meets the requirements of this
article. Proof of the police department’s approval must be carried
in such vehicles at all times. Age shall be calculated from the first
day of October, preceding the model year of the vehicle.
(B)
No vehicle shall be used as a special transportation service vehicle
if it is more than one hundred twenty (120) months old, except upon
written approval of the police department after a thorough inspection,
and determination by the police department that the vehicle otherwise
meets the requirements of this article. Proof of the police department’s
approval must be carried in the vehicles at all times. Age shall be
calculated from the first day of October, preceding the model year
of the vehicle.
(1990 Code, sec. 3.1317; Ordinance 15-006, sec. 1, adopted 1/27/15)
It shall be unlawful for any taxicab or special service transportation
vehicle driver to consume or be under the influence of any alcoholic
beverages or use any form of controlled substances or dangerous drugs
while on duty as a taxicab driver.
(1990 Code, sec. 3.1318)
Any driver of a taxicab employed to carry passengers to a definite
point shall take the most direct route possible that will carry the
passengers safely and expeditiously to their destination.
(1990 Code, sec. 3.1319)
All drivers of taxicabs and special service transportation vehicles
shall promptly deliver to authorized agents of their companies all
property left in such vehicle by passengers.
(1990 Code, sec. 3.1320)
(a)
Schedule of fares for unmetered taxicabs.
(1)
Maximum prices.
The maximum prices to be charged by
all unmetered taxicab operations in the city, which prices are hereby
declared to be fair and reasonable for such services, shall be as
follows:
(A)
Two dollars and seventy-five cents ($2.75) for the first passenger
on a single call.
(B)
Plus ten cents ($0.10) per one-tenth (1/10) mile or portion thereof,
in the city limits.
(C)
Outside the city limits, fifteen cents ($0.15) per one-tenth (1/10)
mile; outside county, twenty cents ($0.20) per one-tenth (1/10) mile.
(D)
Fifty cents ($0.50) for each additional passenger.
(E)
A waiting fee of ten dollars ($10.00) may be charged for each one-hour
period or portion thereof.
(F)
One dollar ($1.00) surcharge for out-of-town trips added to base
rate.
(b)
Ordinary luggage not to affect fare.
The rates set out above shall be the maximum charge made or collected, and there shall be no additional charge made for ordinary luggage, bags or parcels being carried by such passengers. It shall be unlawful for any driver of a taxicab to demand or receive a fee or charge for taxicab services in excess of the rate specified in subsection (a) of this section. However, nothing herein contained shall be construed as requiring a taxicab to carry trunks, very large packages, parcels, articles or objects likely to injure or damage the taxicab.
(c)
Posting of rates in taxicab.
Every taxicab certificate
holder shall post in each taxicab operated by him or her, in a conspicuous
place in view of the passengers to be conveyed, a schedule of fares
to be charged for such service. Such schedule shall be printed on
a card in not less than twenty-four-point black-face type, letter
spaced and giving the rates and distances for which such rates apply.
(d)
Special service transportation prices.
The prices to
be charged by all special transportation service certificate holders
in the city shall be fair and reasonable for such services and shall
be negotiated by the client and certificate holder.
(Ordinance 15-006, sec. 1, adopted 1/27/15; 1990 Code, sec. 3.1321)
(a)
Each
and every taxicab operated by a certificate holder upon the streets
in the city shall be equipped with a top-mounted lighted sign, visible
to the front and rear of the vehicle, identifying the vehicle as a
taxicab and have an identification number displayed upon each side
of the vehicle at least three inches (3") high and of a contrasting
color from the color of the vehicle. At any time a second or subsequent
application is received for an additional taxicab operation, the city
may require that each and every taxicab certificate holder upon the
streets in the city shall have painted upon its rear end and both
sides in letters and numbers more than six inches (6") in height and
three inches (3") in width the trade name of the organization under
whose certificate such taxicab is being operated and the number assigned
to such taxicab by direction of the administrator. Such letters and
numbers shall be painted on each taxicab with permanent, nonwashable
paint of a color contrasting to the color of the taxicab so that the
same will be readily apparent. Such letters and numbers shall not,
at any time, be covered with any substance, material or other object
that would prevent the same being seen or in any way obscure their
visibility. Each person operating taxicabs in the city shall cause
same to be painted in such manner as to properly distinguish them
from private vehicles, and such color combinations as are used shall
be filed with the administrator, and no two (2) taxicab certificate
holders shall be permitted to use the same or similar color combinations.
It shall be a provision, however, where an illuminated sign displaying
the trade name is affixed to the top of a taxicab and is visible from
the rear of the taxicab, it shall be unnecessary to paint the trade
name of the organization under whose certificate such taxicab is being
operated on the rear end of such taxicab.
(b)
No
special markings, letters, numbers, or color scheme will be necessary
for vehicles authorized under this article to be limousines.
(1990 Code, sec. 3.1322)
The city may require all taxicabs operated under the authority
of this article be equipped with a taximeter fastened in front of
the passengers, visible to them at all times, day and night; and after
sundown the face of the taximeter shall be illuminated. Said taximeter
shall be operated mechanically or electronically by a mechanism of
standard design and construction, driven either from the transmission
or from one (1) of the front wheels by a flexible and permanently
attached driving mechanism. They shall be sealed at all points and
connections which, if manipulated, would affect their correct reading
and recording. Each taximeter shall have thereon a flag to denote
when the vehicle is employed and when it is not employed, and it shall
be the duty of the driver to throw the flag of such taximeter into
a nonrecording position at the termination of each trip. The said
taximeter shall be subject to inspection from time to time by the
city police department. Any officer of said department is hereby authorized,
either on complaint of any person or without such complaint, to inspect
any meter and, upon discovery of any inaccuracy therein, to notify
the person operating said taxicab to cease operation. Thereupon said
taxicab shall be kept off the streets until the taximeter is repaired
and in the required working condition.
(Ordinance 15-006, sec. 1, adopted 1/27/15)
(a)
Solicitation of passengers.
It shall be unlawful for
any driver of such special service transportation vehicles to solicit
patronage for such vehicles by word or signal. The placing of a sign
or booth where persons can seek information is permitted if it does
not violate any other ordinance of the city or any state law and does
not interfere with other motor vehicle and pedestrian traffic.
(b)
Markings.
Each special service transportation vehicle,
other than limousine service, shall have signs placed on both sides
of the vehicle while in service, unless otherwise requested by the
passengers, which show the trade name of the organization. The signs
shall have letters of sufficient size and with a color contrasting
to that of the vehicle so that the signs are readily apparent. The
signs can be painted onto the vehicle or removable magnetic signs
can be used to comply with this requirement.
(c)
Applicability.
All references to special service transportation
vehicles in this article apply to the operation of a limousine service,
unless otherwise noted.
(1990 Code, sec. 3.1324)
No certificate holder or driver shall knowingly, without duress,
provide transportation for any person in furtherance of the commission
of a criminal offense by such person.
(1990 Code, sec. 3.1325)
No person shall operate any taxicab service or special service transportation vehicle service (which vehicles and services are not within the exclusive jurisdiction of the National Surface Transportation Board) within the city without first having obtained from the city a certificate pursuant to this article, except vehicles named in section 6.09.005 which pertains to exempt vehicles. Every certificate issued hereunder shall be signed by the city manager, attested by the city secretary and contain the name and address of the applicant and the terms and conditions of the certificate. Each certificate shall provide for the signing thereof by the applicant.
(1990 Code, sec. 3.1302)
Application for an original or renewal of a certificate for
the operation of taxicabs and special service transportation vehicles
shall be in writing, signed and sworn to by the applicant, and shall
be filed with the police department. The application shall be on a
form provided by the police department and shall contain at least
the following:
(1)
The
name, date of birth, and address of the applicant; if a partnership,
the name, date of birth, and address of each partner; if a corporation,
its name, date and place of incorporation, the address of its principal
place of business, the names and addresses of all officers and directors,
and a certified copy of its permit to do business in the state; the
trade name under which the applicant does or proposes to do business;
(2)
The
address of each place of business from which the applicant proposes
to operate;
(3)
The
information required by the motor vehicle registration provisions
herein;
(4)
Whether
or not the applicant or any partner or any officer or director in
the organization of the applicant has been finally convicted of any
felony or a misdemeanor;
(5)
Whether
or not the applicant or any partner or any officer or director in
the organization of the applicant has any suit filed against him or
her or judgment based on an unpaid debt or negligent operation of
a motor vehicle;
(6)
The
nature and character of the service that the applicant proposes to
render, the facts showing the demand for such service, the experience
that the applicant has had in rendering such service, and the period
of time that he or she has rendered such service;
(7)
The
proposed places of loading or unloading passengers; routes and schedules
to be followed; fares, rates and charges; operating procedures; and
term of certificate;
(8)
A
list of all drivers who will operate by authority of applicant’s
certificate, to be updated as new drivers are added, and a certification
signed by applicant that, after making a careful investigation, he
believes that the driver has a current state driver’s license,
is physically fit to chauffeur passengers, is able to communicate
in the English language as business necessity requires, is not addicted
to drugs or intoxicating liquors so as to render him or her unfit
to perform the duties of a driver, and is a person of good moral character;
(9)
A
description of the proposed insignia and color scheme for the taxicabs
and description of any distinctive item of apparel to be worn by the
service’s drivers;
(10)
A letter from a duly authorized agent of applicant’s insurance
carrier, stating that the insurance required hereunder is available
to applicant and that such coverage is or will be provided prior to
the issuance by the administrator of the certificate to operate hereunder;
(11)
Certification from the county tax assessor/collector that the applicant
has no delinquent taxes due to the city at the time of the application;
(12)
Certification from the finance department that the applicant has
no delinquent monies due to the city at the time of the application.
(Ordinance 15-006, sec. 1, adopted 1/27/15; 1990 Code, sec. 3.1306)
Such application for a certificate to operate a taxicab or special transportation service shall be verified under oath and shall be filed in triplicate and accompanied by a nonrefundable filing fee as provided in section A6.09.053 of the fee schedule in appendix A to this code to cover administrative costs.
(1990 Code, sec. 3.1307)
The certificate holder shall pay to the police department an annual permit fee as provided in section A6.09.054 of the fee schedule in appendix A to this code (without proration or reduction for use of a vehicle for less than a full year). The permit fee shall be due on October 1 of each year that a certificate is in effect.
(Ordinance 15-006, sec. 1, adopted 1/27/15)
Each certificate holder shall purchase and keep in full force
and effect public liability insurance in the amounts of at least $500,000.00
combined single limits, to secure payment of all lawful and proper
claims arising out of the operation of the taxicab or special service
transportation vehicle authorized hereunder. A written statement from
an authorized agent of the certificate holder’s insurance carrier
verifying the issuance of such insurance shall be filed with the police
department before any certificate may be issued. All such verifications
of insurance shall provide for a thirty-day cancellation notice to
the administrator.
(Ordinance 15-006, sec. 1, adopted 1/27/15)
(a)
The
certificate holder shall furnish the police department at the time
of the original application or as new vehicles are purchased or rented,
the following information on such motor vehicles: number of vehicles
in operation at the time of the application or acquisition of any
new motor vehicles, model, size, year, make, design, color scheme,
motor identification number, the state license registration number
of each vehicle and passenger capacity. The certificate holder shall
further furnish the police department with a statement that the motor
vehicle is licensed and inspected in accordance with state law, that
it is in a safe mechanical condition and that it has the color scheme
and that it is identified and marked as represented in the certificate
holder’s application for the certificate.
(b)
Each taxicab or special service transportation vehicle registered in accordance with section 6.09.014(a) shall have affixed to it a city taxicab or special service transportation vehicle decal issued by the police department and affixed upon the vehicle in a location designated by the police department. The police department shall devise a system for issuing a new city taxicab or special service transportation vehicle decal to each registered vehicle annually. It shall be unlawful to operate a taxicab or special service transportation vehicle upon the streets of the city without such decal. Such decals shall not be transferred from one (1) vehicle to another without the police department’s approval.
(Ordinance 15-006, sec. 1, adopted 1/27/15)
Upon receipt by the police department of an application for
a certificate to operate hereunder, the administrator shall make or
cause to be made an investigation of the character and reputation
of the applicant and his or her ability to perform the services of
a certificate holder; the financial responsibility of the applicant
to respond in damages and/or to pay claims for personal injury, death
and property damage claims arising from his or her operation; and
such investigation of other pertinent facts which the administrator
shall deem relevant in determining the fitness of the applicant to
become a certificate holder hereunder.
(Ordinance 15-006, sec. 1, adopted 1/27/15)
In the event the administrator finds that the applicant meets
the required qualifications to give proper and adequate service to
the best interest of the inhabitants of the city, the administrator
shall grant a certificate to such applicant, subject to certain terms
and conditions. Such terms may include but are not limited to:
(1)
Provisions
appropriate to the service to be rendered under the certificate;
(2)
Number
of vehicles authorized;
(3)
Description
of vehicles to be operated, including their color scheme;
(4)
Number
of passengers that may be carried in each vehicle;
(5)
Places
of loading or unloading passengers;
(6)
Route
and schedules to be followed;
(7)
Fares,
rates and charges;
(8)
Operating
procedures; and
(9)
Term
of certificate.
(1990 Code, sec. 3.1310)
No certificate shall be transferred without the consent of the
police department. A purported transfer without such consent shall
cause an immediate suspension of such certificate. The term “transfer”
shall include a transfer of a majority interest in the company to
which a certificate has been issued; or a change adding or deleting
a person or persons occupying positions classified in the application
for certificate as owner or applicant, or as a partner in a partnership
applicant, or as a stockholder holding fifty-one percent (51%) of
the shares of stock in a corporation application.
(Ordinance 15-006, sec. 1, adopted 1/27/15)
A certificate shall be in effect for not more than five (5)
years from the date such permit or certificate was issued by the police
department.
(Ordinance 15-006, sec. 1, adopted 1/27/15)
