A wheelchair equipped vehicle (WEV), for the purpose of regulation
herein, shall mean a vehicle that transports wheelchair passengers
for a fee or other compensation, over the streets of the city, from
any point within the city to any destination except as follows:
(1)
Ambulances (vehicles used to transport injured or ill persons and covered by article 6-9 of this code);
(2)
Vehicles
rented or owned for self-operation;
(3)
Vehicles
used to transport a health facility’s own guests or patients;
(4)
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
city before return to locations outside the city;
(5)
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;
(6)
Vehicles
operated by a governmental entity.
(Ordinance 99-45, sec. 1, adopted 9/14/99; 1957 Code, sec. 3A-45; Ordinance 2008-30 adopted 7/22/08)
It shall be unlawful for any person to engage in furnishing WEVs as defined in section 4-16-1 without first having obtained a WEV franchise. In order to comply with this section, the person must comply with the same requirements as are applicable to taxicabs, article 4-10, division 2, and any other requirements that are included in this article. In the event that a taxicab requirement is clearly not applicable to a WEV, the city may waive such requirement. In the event that a company has, or is applying for, a taxicab franchise, the company may include the WEVs in the same franchise and is not required to obtain a separate franchise. However, the WEV requirements included in this article shall apply to such WEVs. An operator is not required to have any certain number of WEVs in operation as required of taxicabs in section 4-10-40(10).
(Ordinance 99-45, sec. 1, adopted 9/14/99; 1957 Code, sec. 3A-46; Ordinance 2008-30 adopted 7/22/08)
Before a WEV franchise is granted to an applicant, or before
any renewal thereof, the applicant seeking renewal shall provide evidence
to the city attorney that the applicant has in full force and effect
a public liability insurance policy on each WEV, such insurance policy
to be issued by an insurance company which is not legally prohibited
from doing business in the state. Such insurance policy or policies
shall provide liability insurance in the amount of not less than fifty
thousand dollars ($50,000.00) for any one accident, and not less than
one hundred thousand dollars ($100,000.00) for injury to any one person,
and not less than fifty thousand dollars ($50,000.00) because of damage
to property or others. Such insurance policy shall not contain a passenger
liability exclusion or “carriage for hire” exclusion.
Each liability insurance policy shall contain a provision obligating
the insurer to give to the city attorney written notice of cancellation
not less than thirty (30) days prior to the date of any cancellation.
(Ordinance 99-45, sec. 1, adopted 9/14/99; 1957 Code, sec. 3A-51; Ordinance 2008-30 adopted 7/22/08)
No person shall serve as a WEV driver who does not meet the requirements for drivers under article 4-10, division 5. In the event that a taxicab driver is clearly not applicable to a WEV driver, the city may waive such requirement.
(Ordinance 99-45, sec. 1, adopted 9/14/99; 1957 Code, sec. 3A-50; Ordinance 2008-30 adopted 7/22/08)
(a)
It
shall be unlawful for any person to operate or cause to be operated
any WEV without first having obtained a vehicle permit from the city,
and without having continued to comply with the requirements set forth
herein.
(b)
The
requirements for a WEV and issuing a vehicle permit are as follows:
(1)
The WEV is free of major structural damage, which may cause the vehicle
to be unsafe or unpresentable for public use.
(2)
The WEV has no serious impairment of any safety feature resulting
from an accident, lack of maintenance or for any other reason.
(3)
The WEV interior is maintained in a clean condition as is reasonable
and necessary for the health and safety of the passenger.
(4)
The operator’s business name and vehicle unit number shall
appear on each side of the vehicle in letters of not less than three
(3) inches in height and one-half inch in width.
(5)
All vehicles shall be equipped to lock each wheelchair in place on
the vehicle, provide a seat belt for each passenger and provide a
hydraulic lift or ramp to board the vehicle.
(c)
By
issuing a vehicle permit, city and its employees do not assume any
responsibility for the vehicle.
(Ordinance 99-45, sec. 1, adopted 9/14/99; 1957 Code, sec. 3A-49; Ordinance 2008-30 adopted 7/22/08)
WEVs shall use a taximeter and charge the same rates as for a taxicab set forth in article 4-10 of this code unless the city council approves a different method or rate or unless the service is provided by a governmental or nonprofit entity.
(Ordinance 2008-30 adopted 7/22/08)
