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0287 Taxi Regulation and Licensing 1986ORDINANCE NO. 287 AN ORDINANCE OF THE CITY OF CHUBBUCK, IDAHO, ENACTING A NEW CHAPTER 5.07 OF THE CHUBBUCK MUNICIPAL CODE TO PROVIDE FOR THE REGULATION AND LICENSING OF TAXICABS AND TAXICAB OPERATORS; REPEALING CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF CHUBBUCK, IDAHO: Section 1. Regulation and Licensing of Taxicabs. 5 of the Chubbuck Municipal Code is hereby amended by enacting a new Chapter 5.07, to read as follows: Title Section 5.07.010. License Required. It shall be unlawful to engage in the business of operating a taxicab in the City of Chubbuck in violation of this Chapter and without first having secured a license therefor. Applications for such licenses shall be made in writing to the City Clerk, and shall state thereon the name of the applicant, the intended place of business and the number of cabs to be operated. If the application is a corporation, the names and addresses of the President and Secretary thereof shall be given. Section 5.07.020. Definition. The term "taxicab" as used in this ordinance shall mean and include any vehicle used to carry passengers for hire but not operating upon a fixed route. Page 1 jm 4U-23 Section 5.07.030. Character of Applicant. No such license shall be issued to or held by any person who is not a person of good character or who has been convicted of a felony; nor shall such license be issued to or held by any corporation if any officer thereof would be ineligible for a license under the foregoing conditions. Section 5.07.040. Fee. The annual fee, payable in advance, for such license shall be $5.00 for each taxicab operated. Whenever the number of cabs so operated shall be increased during the license year, the licensee shall notify the City Clerk of such change and shall pay the additional fee. Such fee shall be in lieu of any other vehicle fee required by ordinance, and the Clerk shall issue suitable certificates for the number of cabs covered by each license. Such certificates shall be displayed in a prominent place on each taxicab while it is in use and may be transferred to any taxicab put into service to replace one withdrawn from service. The licensee shall notify the City Clerk of the motor number and state license number of each cab operated and of the corresponding city certificate. Section 5.07.050. Vehicles. No taxicab shall be operated unless it bears a state motor vehicle license duly issued; and no such taxicab shall be operated unless it is equipped with proper brakes, lights, tires, horn, muffler, rear vision mirror, and windshield wiper in good condition. The Chief of Police is empowered to inspect each taxicab licensed or subject to being licensed under this Chapter so as to ensure that such taxicab complies with the provisions of this section. Each taxicab, while operated, shall have on each side, in letters readable from a distance of twenty (20) feet, the name of the licensee operating it. Page 2 jm 4U-23 If more than one cab is operated by a licensee, each cab shall be designated by a different number, and such number also shall so appear on each side of each side. Section 5.07.060. Drivers. No person shall drive a taxicab, or be hired or permitted to do so, unless he is duly licensed as a chauffeur. It shall be unlawful for any driver of a taxicab while on duty to drink any intoxicating liqueur, or to use any profane or obscene language, to shout or call to prospective passengers, or to disturb the peace in any way. Section 5.07.070. Insurance. No taxicab shall be operated unless it is covered by a bond or public liability policy with a combined single limit of $300,000 covering bodily injury and property damage liability. Said insurance shall be kept in full force and effect during the term of any license issued hereunder, shall be issued by a casualty insurance company authorized to do business in the state, and shall be evidenced by a current certificate of insurance kept on file with the City Clerk's office throughout the term of any license issued hereunder. Section 5.07.080. Traffic Rules. It shall be the duty of every driver of a taxicab to obey all traffic rules established by statute or ordinance. Section 5.07.090. Unlawful Use. It shall be unlawful to knowingly permit any taxicab to be used in the perpetration of a crime or misdemeanor. Page 3 jm 4U-23 Section 5.07.100. Passengers. It shall be the duty of the driver of any taxicab to accept as a passenger any person who seeks to so use the taxicab, provided such person conducts himself in an orderly manner. No person shall be admitted to a taxicab occupied by a passenger without the consent of the passenger. The driver shall take his passenger to his destination by the most direct available route from the place where the passenger enters the cab. Section 5.07.110. Rates of Fares. Upon paying his fare, each passenger shall be provided upon request, a receipt showing the amount so paid and the name of the company or person operating the cab, together with the number of the cab if such company or person operates more than one taxicab in the city. It shall be unlawful for a passenger to fail or refuse to pay the lawful fare at the termination of a trip. The charges for taxicab service shall be subject to review and approval by the City Council. Any amendment to or change in such charges shall be filed in writing with the City Clerk. If no action is taken by the City Council to modify or reject the proposed amendment or change within thirty (30) days after the same are filed with the Clerk's office, the requested amendment or change shall thereafter take effect without further action by the City Council. No action to modify or reject the proposed amendment or change shall be taken until a public hearing thereon has been held by the City Council. The charges for taxicab service, as reviewed and approved by the City Council, shall be displayed in a prominent place in each taxicab while it is in use, Page 4 jm 4U-23 and shall be fully disclosed to any person rquesting information regarding such charges, whether such request is made by telephone, in person, or in writing. It shall be unlawful to make or impose any charge in addition to or in excess of the charges displayed or disclosed in compliance with this section. Section 5.07.120. Limitations on Licenses; Minimum Number of Taxicabs. Any license which may hereafter be issued to engage in the business of operating taxicabs on or over the streets and public ways shall mean and be construed to be only a license or privilege to use the streets and public ways for the business of operating taxicabs thereon. Any person or entity holding a license under this chapter shall maintain in operation a minimum of two (2) serviceable taxicabs providing continuous 24-hour service within the city. Section 5.07.130. Application for Taxicab License. In addition to the other requirements set forth in this chapter, the application for a license shall be submitted to the City Clerk, shall be in writing, verified by the affidavit of the applicant or its duly authorized agent or officer shall be accompanied by the certificate of insurance required by Section 5.07.070 and shall state the following facts: the full name and address of the applicant; if a partnership, the name and address of each partner; if a corporation, the names and addresses of the officers and directors thereof; and what, if any, previous experience he or it has had in such business; the number of taxicabs desired; the seating capacity of each taxicab, according to manufacturer's ratings; name of manufacturer; the state license number; and the length of time the said taxicab Page 5 jm 4U-23 has been in use; together with the full and complete statement of the applicant's financial standing, showing assets and liabilities; the names and addresses of owners; names and addresses of partners; together with a statement of method of operation, the rate of fares to be charged by the applicant, and the method of computing the same. Section 5.07.140. Requirements for Operation of Taxicab. It shall be unlawful for any person to drive or operate a licensed taxicab without first complying with the following requirements: A. be of the age of twenty-five (25) years or over; B. possess a valid chauffeur's license issued by the State of Idaho as required hereinabove; C. be of sound physique, with good eyesight, and no subject to epilepsy, vertigo, ear trouble, or any other infirmity of body or mind which might render him unfit for the safe operation of a taxicab; D. be able to read and write in the English language; E. be clean in dress and person and not be addicted to the use of intoxicating liquors or drugs; F. possess a valid taxicab driver's license issued by the City, pursuant to the following procedures and requirements: 1. provide the City Clerk, on a form to be provided by the City, a statement giving the applicant's full name, residence, place of Page 6 jm 4U-23 residence for one year previous to moving to the present address, age, color, height, color of eyes and hair, place of birth, length of time he has resided in the City, whether a citizen of the United States, places of previous employment, whether married or single, whether he has ever been convicted of a felony, a misdemeanor involving moral turpitude or possession or sale of narcotics, whether he has previously been licensed as a driver or chauffeur and, if so, whether his license has ever been revoked and for what cause, that he will read and familiarize himself with all traffic laws and regulations relative to the operation of a motor vehicle on the public streets and highways, which statement shall be signed and sworn to by the applicant and filed by the police department as a permanent record. 2. Upon examination by the Chief of Police of the applicant and upon all facts disclosed by the requirements hereinabove, the Chief of Police may issue such applicant a taxicab driver's license, or if said Chief of Police is not satisfied that the applicant is a suitable and proper person to operate a taxicab upon the streets of the City, he may reject the applicant his license to so operate. If the application is rejected by the Chief of Police, the applicant may request a hearing before the City Council to offer evidence why his application should be considered. A majority vote of the governing body is sufficient to issue or reject said applicant a license after said hearing. The City Council's decision shall be governed by the standards set forth in this ordinance. Page 7 jm 4U-23 Section 5.07.140. Photograph and Fingerprints of Driver. Each applicant for a driver's license must file with his application two (2) recent photographs and fingerprints of himself, those pictures to be taken by the City Police Department, of a size which may be easily attached to his license, one of which may be attached to the license when issued, the other shall be filed with the application. The photograph and fingerprints shall be so attached to the license that it cannot be removed nor another photograph substituted without detection. The Chief of Police may, in his discretion, elect to have such driver's license issued jointly with other cities. Section 5.07.150. Form and Term of Driver's License. On satisfactorily fulfillment of the foregoing requirements, there shall be issued to the applicant a license, which shall be in such form as to contain the photograph and signature of the licensee and blank spaces upon which a record may be made of any arrest or serious complaint against him. Any licensee who defaces, removes or obliterates any official entry made upon his license, shall be punished by the revocation of this license. Driver's license shall be issued as of the date of issuance and shall be valid to and including December 31, next succeeding, unless sooner revoked. The driver of a taxicab shall display in a conspicuous manner within such taxicab his driver's license with photograph attached. Section 5.07.160. Renewal of Driver's License. The City Clerk may renew a driver's license from year to year by appropriate endorsement thereon. A driver in applying for the renewal of his license shall make application upon a form to be furnished, which shall be Page 8 jm 4U-23 filled out with the full name and address of the applicant, together with the statement of the date upon which his original license was granted and the number thereof. The license fee and the license renewal fee in an amount of $2.00 shall be paid for driver's licenses. Section 5.07.170. Revocation Notice. Licenses issued pursuant to the provisions of this chapter may be revoked or suspended by the City Council whenever it shall find that the licensee or an agent, servant or employee of such licensee has violated the provisions of this chapter, or permitted the same to be violated; provided, however, that no such license shall be revoked or suspended unless charges in writing shall first have been filed with the City Clerk setting forth with reasonable certainty the nature of such charges against such licensee. Upon the filing of charges as aforesaid, the City Council shall fix a time and place for the hearing of said charges, and a copy of the charges as filed, together with the notice of the time and place of hearing shall be served upon the licensee at least five (5) days prior to the date fixed by the City Council for the hearing. Section 2. Repeal. Ail prior ordinances or provisions thereof which conflict with this ordinance are hereby repealed to the extent of such conflict. Section 3. Severability. If any section or provision of this ordinance or of the Chubbuck Municipal Code as herein amended, is held invalid by any Court of competent jurisdiction, such holding shall not affect the validity of the remaining sections or provisions. Page 9 jm 4U-23 Section 4. Effective Date. The rule requiring ordinances to be read on three (3) separate days is hereby dispensed with, and this ordinance shall become effective upon its passage, approval and publication as provided by law · PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR OF THE CITY OF CHUBBUCK, IDAHO, THIS 12th DAY OF AII~IJST 1986. MAYOR ATTEST: CITY CLERK Page 10 jm 4U-23