The following definitions and phrases, when used in this article,
have the meanings respectively ascribed to them in this section, except
where the context clearly indicates a different meaning:
Driver.
The person actually driving the taxicab, limousine or shuttle
service.
Franchise.
The authority granted by the city council by ordinance in
compliance with the requirements of the charter of the city and state
law after a finding that public convenience and necessity require
the granting of a franchise and after compliance of such applicant
with the conditions precedent prescribed by the franchise agreement
and the provisions of this article.
Limousine service.
Passenger service that is chartered or reserved by the customer
well in advance of the time the service is rendered and is not equipped
with a meter or device calculating the distance traveled or waiting
time. Fees or rates are established on an hourly basis, and are significantly
higher than fees charged for taxicab service.
Motor vehicle.
Every motor-propelled vehicle used for transportation of
persons over the public streets of the city.
Operator.
The person, firm or corporation to whom the franchise has
been issued.
Person.
An individual, a partnership, an association, a corporation
or any other organization.
Public convenience and necessity.
The applicant is fit, able and willing to provide transportation
by taxicabs, limousines or shuttle service in accordance with the
requirements of this article and that public convenience and necessity
require the service proposed by the applicant.
Shuttle service.
Shuttle service is a shared ride approach to transporting
multiple individuals or groups traveling from: a specific origin to
a specific destination; a specific origin to multiple destinations;
and multiple origins to a specific destination. These services are
provided for a fixed rate per person or a fixed rate per hour. Shuttle
services typically have designated drop-off and pick up points (e.g.
airport to hotels) and run between these two points at regular intervals
or as determined by reservation for a traveling group.
Street.
Any street, alley, lane, public place or highway within the
corporate limits of the city.
Taxicab.
Every motor vehicle used for transportation of passengers
over the streets of the city, for hire, with the following exceptions,
to wit:
(1)
Vehicles owned by a governmental entity or operated on behalf
of a governmental entity.
(2)
Ambulances as regulated in chapter
6.
(3)
Vehicles rented or leased for self-operation by the person actually
driving the same, unless such vehicle is transporting, for compensation,
persons other than the one who actually rented or leased the same.
(4)
Vehicles owned or operated by motels, hotels, and other businesses
for transporting their guests or employees. This article shall apply
however, to other companies or individuals providing such service
under contract with said motels, hotels or other businesses.
(5)
Nonprofit corporation vehicles that initiate transportation
service outside the city for persons residing outside of the city,
even though some additional transportation may be provided for such
nonresidents within the city before returning to locations outside
the city.
(6)
Nonprofit corporation vehicles, if used for transportation that
is incidental to their other public purpose activities, such as day
care centers providing their own transportation for children using
their facilities.
(7)
Vehicles that transport wheelchair passengers and that are required to obtain a permit as a wheelchair equipped vehicle under article
4-16.
(8)
Motor vehicles not subject to the jurisdiction of a municipal
home rule city.
Taximeter.
A mechanical instrument or device by which the charge for
hire of the taxicab is mechanically calculated either for distance
traveled or for waiting time, or for both, and upon which such charges
plainly register by means of figures indicating dollars and cents.
Waiting time.
Includes all time when a taxicab is not in motion, occupied
by a passenger, and the time consumed while standing at the direction
of the passenger or person who has engaged the taxicab.
(Ordinance 85-76, sec. 1, adopted 9/10/85; Ordinance 99-43, sec. 1, adopted 9/14/99; Ordinance 2004-06, sec. 2, adopted 1/27/04; 1957 Code, sec. 20-1; Ordinance 2008-31 adopted 7/22/08; Ordinance 2011-39 adopted 11/8/11)
(a) The
following sections shall apply and the word “taxicab,”
or “taxicabs” shall also refer to “limousine service”
and/or “shuttle service”: 4-10-1; 4-10-31; 4-10-32; 4-10-33;
4-10-34; 4-10-35; 4-10-36; 4-10-37(a); 4-10-38; 4-10-39; 4-10-40(3),
(4), (5), (7), (8); 4-10-41; 4-10-42; 4-10-71; 4-10-72; 4-10-74(a),
(b); 4-10-76; 4-10-131; 4-10-151; 4-10-152; 4-10-153; 4-10-154; 4-10-155;
4-10-156; 4-10-157; 4-10-158; 4-10-183; 4-10-184; 4-10-185; 4-10-186;
4-10-187; 4-10-188; 4-10-241; 4-10-242; 4-10-243; 4-10-244; 4-10-245;
4-10-246.
(b) Each
limousine or shuttle service vehicle shall have a sign or marking
of adequate size and location showing the name of the company to which
the franchise was granted. The chief of police shall make the final
decision if there is any dispute regarding the adequacy or location
of the sign or marking.
(c) The
initial rates for all limousine service shall be approved by the city
council in the ordinance approving the franchise. Any subsequent changes
in the rates prior to the end of the franchise shall be made by filing
with the city secretary a new schedule of rates setting forth all
changes in the rates. The city council may, within thirty (30) days
after the filing of the rates schedule by the operator, review the
propriety of the rates and determine if said rates are reasonable.
If the city council determines that there is a question as to the
reasonableness of the rates filed, it shall set a public hearing on
the matter, at which hearing the operator shall show cause why such
rates as filed are not unreasonable. At the conclusion of the hearing,
the city council shall determine if the rates as filed are reasonable
or not, and if the city council determines that the rates filed are
reasonable, then they shall be allowed. If the council finds the rates
to be unreasonable, it shall by resolution establish reasonable rates
for the operator’s service which shall be the rate charged by
said operator until increased as hereinafter provided. The city secretary
shall give notice to the operator of any public hearing held pursuant
to this section.
(d) The
city manager may designate other departments or city officials to
inspect and assist in the enforcement of this section.
(Ordinance 85-76, sec. 1, adopted 9/10/85; Ordinance 95-13, sec. 1, adopted 2/14/95; Ordinance 95-34, sec. 1, adopted 6/13/95; Ordinance 2004-06, sec. 1, adopted 1/27/04; Ordinance 2004-09, sec. 1, adopted 2/10/04; 1957
Code, sec. 20-49; Ordinance 2011-39 adopted 11/8/11)