[HISTORY: Adopted by the Common Council of the City of Burlington 1-5-1988 by Ord. No. 1203(25) as §§ 12.11 and 12.30 of the 1988 Code. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 293.
No person shall, for remuneration, transport passengers in a taxicab within the City without first having obtained a taxicab license. "Taxicab" shall include all vehicles transporting passengers for remuneration for which patronage is solicited publicly. This section shall not apply to:
This section shall not prevent vehicles transporting passengers for remuneration outside the City from transporting passengers from outside of the City to a destination within the City, without a license, but it shall prohibit all such vehicles from publicly soliciting patronage within the City without a license.
No person may drive a taxicab licensed under this section unless the driver is validly licensed as a chauffeur and operator by the State of Wisconsin.
[Added 11-18-2013 by Ord. No. 1740(20)]
Application. Application shall be made in writing to the City Clerk for such license, stating the full name of the applicant, his address, the make, model and vehicle identification number of the vehicle or vehicles he proposes to operate, and their state license numbers. All applications for taxicab licenses shall be filed with the City Clerk at least 15 days prior to the granting of any such license, and notice of the application and of the date of the Council meeting at which the same shall be heard shall be published in the official paper at least once prior to such meeting, the publication to include the name and address of the applicant and the number of vehicles for which license is applied for. At the time of filing such application, the applicant shall pay to the City Clerk such a sum as would be required to pay for such publication costs. Applications for renewal of existing licenses shall be made in the same manner as for the original licenses.
[Amended 11-18-2013 by Ord. No. 1740(20)]
Approval of license. The City Clerk shall present each application to the Council at its next regular meeting following the fifteen-day requirement for the application to be on file. The Council shall thereupon hold a public hearing upon the application and shall approve such application unless it finds after the public hearing that public convenience and necessity would not be served by the granting of such license or that the equipment of the applicant does not meet the requirements of Ch. 347, Wis. Stats. The taxicab license shall be issued by the City Clerk after approval by the Council.
No taxicab license shall be issued until the applicant deposits with the City Clerk a policy of liability insurance covering all vehicles to be included under the license. Such policy shall describe each vehicle by make, model and vehicle identification number, number of passengers capable of being accommodated therein at one time, and the number of the state motor vehicle license. Such insurance policy shall be issued by a company licensed to do business in the state and shall insure the licensee against loss from liability to the amount of $250,000 for the injury or death of one person in any one accident, and in the amount of $500,000 for the injury or death of more than one person in any one accident, and in the amount of $100,000 for damage to property of others for any one accident due to the negligent operation of such vehicle.
[Amended 11-18-2013 by Ord. No. 1740(20); 6-6-2017 by Ord. No. 2027(4)]
The policy of insurance shall be approved by the City Attorney as to legal form before it is filed and shall contain a provision that the same may not be canceled before the expiration of its term, except upon 10 days' written notice to the City.
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 another policy shall have been filed and approved pursuant to this section and shall be in effect at the time of such cancellation or termination.
Revocation. The Council may revoke such license for failure of the licensee to maintain his equipment as required by Ch. 347, Wis. Stats., or for more than three convictions for violations of traffic laws or ordinances within any six-month period by the licensee or by persons driving vehicles under such licenses or for conduct by the licensee or by persons driving vehicles under such license which is prejudicial to the public safety, welfare, morals or good order of the community.
License card and rates to be posted. Upon the issuance of the license, the City Clerk shall issue to the applicant a license card or tag which shall have imprinted thereon the words "Burlington Taxicab License" to be followed by the appropriate serial number of such license and the period for which issued. No vehicle shall operate as a taxicab unless such card or tag is at all times prominently posted and displayed in such taxicab. Every person operating a taxicab also shall have at all times prominently posted and displayed in such taxicab, so as to be visible to the passengers therein, the rates or fares for the use of such cab.
Taxicabs to be marked. Every taxicab shall be distinctly marked by a sign or other lettering on the outside of such vehicle so that same may be immediately identified as a taxicab.
[Added 1-7-2003 by Ord. No. 1707(21)]
License required. No person shall transport passengers in a horse-drawn carriage in the City of Burlington without first obtaining a carriage license.
Application. Application for a carriage license shall be made in writing to the City Clerk, stating the full name of the applicant, his or her address and date of birth, the name under which the applicant is doing business and the location of the business. The applicant shall specify the seating capacity of the carriage and identify the proposed hours of operation and shall include with the application the route upon which he or she intends to operate, the route upon which he or she intends to travel to reach and leave that route, and the location where the horse and carriage will stand while waiting for fares. When applying for a license, the applicant shall consent to a background investigation.
Approval of license. The City Clerk shall request the Police Department to perform a background investigation of the applicant and the business. The application and the results of the investigation shall be presented to the Committee of the Whole and the Common Council for its review of the application and its decision as to the grant of the license. If the Common Council approves the license, the City Clerk shall issue said license upon the applicant's fulfillment of Subsection A(5). If the Common Council refuses to approve the license, it shall state the reasons on the record, and no part of the application fee shall be refunded.
No license shall be issued until the applicant deposits with the City Clerk a policy of liability insurance covering all carriages, horses and drivers to be included under the license. Said insurance policy shall be issued by an insurance company authorized and licensed to do business in this state. Coverage shall be provided in the minimum amounts of $500,000 for bodily injury or death to any one person, $1,000,000 for injuries or death in any one accident or occurrence caused by the operation of the horse-drawn carriage or by the driver, the horse(s) or the carriage(s) separately or in any combination, and $100,000 for property damage arising out of any accident or occurrence caused by the operation of the horse-drawn carriage or by the driver, the horse(s) or the carriage(s) separately or in any combination.
Each insurance policy shall provide that the same shall not be canceled before the expiration of its term except upon 30 days' written notice to the City Clerk of the City of Burlington. The policy shall be approved by the City Attorney.
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 carriages covered under said insurance policy unless another policy shall have been filed, approved and effective prior to the time of said cancellation or termination.
Revocation. The Council may revoke a license issued hereunder for more than three violations of the rules of operation listed in Subsection B of this section, for operation of the licensed carriage in a manner which is harmful to the safety, health or welfare of the community, or for any violation of the animal welfare provisions of § 104-11 of this Municipal Code or state law.
Rules of operation.
Established routes. Licensees must adhere to the routes specified in the license application. New or temporary routes must be applied for and approved by the Common Council and filed with the Clerk before a licensee may use the new or temporary route. Any deviation from the established route without said approval shall be a violation of this subsection.
Driving time limit; weather factors. No driver shall be allowed to drive a horse-drawn carriage for more than a period of 10 hours in any twenty-four-hour day. No carriage shall be operated while the temperature exceeds 80º F.
Sanitation requirements. Licensees shall comply with the following sanitation requirements:
All horses shall be equipped with adequate devices to prevent manure from falling upon the streets of the City. No driver shall allow manure or urine to remain on any street, alley, gutter, sidewalk, lawn, field, or any public or private property, and the driver of the animal shall immediately remove the same by the most effective means possible.
All animal waste shall be promptly transported to sites legally empowered to accept such waste for treatment and disposal.
Safety requirements. The seating capacity of the carriage shall be specified in the carriage license. No driver shall permit more passengers than can be seated on the seats of the carriage, except children under five years of age may be carried by an adult. No driver shall permit any passenger to sit alongside the driver while the driver is engaged in the operation of the horse and carriage.
Feeding and care of the horses. Licensees shall ensure adequate rest periods, feeding schedules, health and related animal performance and well-being for each horse under the licensee's ownership, care or control. This responsibility shall include carriage load limits, hours of operation and daily hours of animal usage, except that no animal shall be required to work more than 10 hours per day. No animal shall be left unattended.
Certificate of soundness required. For each horse that will be pulling a carriage, licensees shall provide a certificate of soundness issued by a veterinarian licensed in this state finding such animal to be free of infectious disease, in good health and fit for hack and carriage service under this section. Each horse shall be reinspected at intervals of no more than six months. No horse shall be used to draw a carriage unless such a certificate of soundness, dated within the preceding six-month period, is on file with the City Clerk.