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HomeMy WebLinkAbout4775 - 06/13/2005 INDE?N�iii) BLACK HAWK COUNTY,IOWAss FEE BOOK# 2006 1192 PROD 1LEDFORRECORD JUL 13 , 2005 ,AT 4:00 P.M. FEE 1-55.00-1.00/ COMPARED 67=1AlaiittioBLACK HAWK COUNTY RECORDER CITY OF WATERLOO This Ordinance prepared by Nancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. ORDINANCE NO. 4775 AN ORDINANCE AMENDING THE 2001 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING ARTICLE B, TAXICABS AND LIMOUSINES, OF CHAPTER 5, BUSINESSES RELATING TO VEHICLES, OF TITLE 3, BUSINESS & LICENSE REGULATIONS; AND ENACTING IN LIEU THEREOF A NEW ARTICLE B, TAXICABS AND LIMOUSINES, OF CHAPTER 5, BUSINESSES RELATING TO VEHICLES, OF TITLE 3 , BUSINESS & LICENSE REGULATIONS . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Article B, Taxicabs and Limousines, of Chapter 5, Businesses Relating to Vehicles, of Title 3 , Business & License Regulations, be and the same hereby repealed in its entirety; that a new Article B, Taxicabs and Limousines, of Chapter 5, Businesses Relating to Vehicles, of Title 3 , Business & License Regulations, is hereby enacted in lieu thereof as follows : ARTICLE B. TAXICABS AND LIMOUSINES 3-5B-1 : Jurisdiction: This Article shall apply to all vehicles for hire whose place of business is in the City or who conducts business in the City. 3-5B-2 . Definitions : Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this Article, have the following meanings in this Section: (a) City Clerk: The City Clerk or the Clerk' s authorized representative . (b) Driver' s License : The permission granted to a person to drive a vehicle for hire upon the streets of the City. (c) Holder: A person to whom a permit for operating a vehicle for hire business has been issued. (d) Limousine . A motor vehicle with a passenger rated capacity of more than three, exclusive of the driver, and not regulated by the office of motor carrier services of the Iowa Department of Transportation. It shall include the vehicle and driver engaged in the transportation of passengers for hire in a limousine service . The vehicle shall be operated on a fixed route or have reservations twenty-four (24) hours in advance for their service, operate without a meter installed in the vehicle, and charge for services on an hourly basis or longer periods of time. Ordinance No. 4775 Page 2 (e) Person: Includes an individual, a corporation or other legal entity, a partnership, and any unincorporated association. (f) Taxicab. A motor vehicle regularly engaged in the business of carrying passengers for hire and not operated on a fixed route and operating with a meter. (g) Trip Card: A daily record prepared by a vehicle for hire driver of all trips made by the driver showing the time and place of origin, destination, number of passengers and the amount of fare for each trip. (h) Vehicle for Hire: A taxicab and/or limousine regularly engaged in the business of carrying passengers for hire . Exception: For the purposes of this Chapter, those motor vehicles owned and operated by hotels, motels and other boarding places for the purpose of transporting patrons between said motel, hotel, or boarding place and another point; ambulances and other emergency vehicles; and buses operated by the Metropolitan Transit Authority or vans operated by the Regional Transit Commission, are excluded from this Article. 3-58-3 : Permit Required: No person or business shall operate a vehicle for hire owned or controlled by that person to be operated as a vehicle for hire upon the streets of the City without having first obtained a permit . However, a Department of Transportation certified charter carrier may be exempted from all requirements and fees for licensing upon registration of business and submission of proof of a Department of Transportation motor carrier certificate and certificate of insurance in compliance with Section 3-5B-9 . 3-5B-4 : Contract Drivers : (a) Notwithstanding the provisions of Section 3-5B-3 of this Article, a permit may also be granted to an applicant therefore or renewed to an existing holder of a permit, who proposes to furnish vehicle for hire service at least in part, through drivers who are duly licensed by the City, who are bound by written agreement with the permit holder to furnish vehicle for hire services of the quality provided for this Article, and who either own or are lessees of licensed vehicles for hire. Such agreement shall incorporate the provisions of this Article applicable to such driver. (b) Holders of permits operating under this plan shall be treated as owners in applying Sections 3-5B-9 and 3-5B-26 of this Article . The operator of each vehicle for hire company must ascertain that each driver working for said company obtains a license, in addition to a license for said operator of the company. (c) Nothing herein shall change the holder' s obligation to • Ordinance No. 4775 Page 3 furnish to the City the insurance coverage provided for in Section 3-5B-9 of this Article or change the license fees provided for in Section 3-5B-10 of this Article. 3-5B-5 : Business Application for Company Only: An application for a permit shall be filed with the City Clerk. It shall be verified under oath and shall contain the following information: (a) The applicant' s name, current business and residence addresses and telephone numbers . (b) The number of vehicles for hire to be operated under the permit . (c) The color scheme and/or insignia and/or name of said company used to distinguish the vehicle or vehicles of the applicant from those of other companies . (d) The Health Department has inspected and satisfactorily approved that each vehicle of the company is in clean and sanitary condition. (e) Each vehicle has been inspected and passed a safety inspection by an approved auto service, a list of such businesses are on file in the City Clerk' s office . (f) Further information as the city council may require . 3-5B-6 : Denial of Business Permit for Company Only: (a) An application for permit filed pursuant to Section 3- 5B-4 may be denied for any of the following reasons : (1) The applicant has failed to satisfy the requirements of insurance as set forth in this Article . (2) The applicant and/or any of the applicant' s drivers do not have a valid Iowa commercial driver' s license (CDL) or Class D operator' s license . (3) Does not meet any of the requirements of this Article . 3-5B-7 : Council Approval : Upon the filing of the application, the City Clerk shall present the application at the next scheduled Council meeting and the City Council shall grant the permit if all of the requirements are met as set out in this Article . 3-5B-8 : Issuance of Permit : Any person lawfully operating vehicles for hire upon the streets of the City at the time of adoption of this Article, Ordinance No. 4775 Page 4 notwithstanding the foregoing, shall be granted a permit . 3-5B-9 : Liability Insurance Required: (a) No permit shall be issued or continued in operation unless and until the owner of the vehicle for hire shall have furnished to the City Clerk an insurance policy or certificate of insurance issued by an insurance company licensed to do business in the State of Iowa, providing at least three hundred thousand dollars ($300, 000 . 00) of liability insurance . (b) The insurance policy or certificate of insurance referred to in this Section shall provide that it cannot be canceled or terminated until ten (10) days notice of such cancellation or termination shall have been given by registered mail to the City Clerk. The certificate of insurance must accompany the application required in Section 3-5B-5 . (c) The cancellation or other termination of any insurance policy issued in compliance with this Section shall automatically revoke and terminate the permit and all licenses issued for the vehicle for hire business and the vehicles covered by the insurance policy, unless another policy, complying with this Section, shall be provided and in effect at the time of the cancellation or termination. The City Clerk shall immediately issue written notification of the revocation of the permit and all licenses for the vehicle for hire business and the vehicles covered by insurance which is canceled or terminated. (d) The holder of a permit shall hold the City harmless for any liability resulting from the operation of the holder' s vehicle for hire business . 3-5B-10 : Licenses and Fee : No permit shall be issued or continued in operation unless its holder has paid to the City Clerk an annual license fee of one hundred dollars ($100 . 00) for the right to engage in the vehicle for hire business and an annual license fee of twenty- five ($25 . 00) for each vehicle operated under a permit . The license fee shall be for the year, starting with May 1 and continuing through April 30 of the following year; shall be the same amount for each annual renewal of these licenses; and shall be in addition to any other license fees or charges established by proper authority and applicable to the holder or the vehicle or vehicles under the holder' s operation and control . 3-5B-11 : Transfer of Permit : No permit shall be sold, assigned, mortgaged or transferred without the purchasing party going through the permit procedure as set out in this Article. 3-5B-12 : Suspension or Revocation: (a) A permit issued under the provisions of this Article may Ordinance No. 4775 Page 5 be revoked or suspended by the City Council if the holder thereof violates any of the provisions of this Article, discontinues operations for more than ten (10) days unless such discontinuance is the result of a labor dispute, any falsification of any application or any other statement required under this Article, or violates any ordinance of the City, or the laws of the United States or the State, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation. (b) Prior to suspension or revocation as provided in this Section, the holder shall be given three (3) days' written notice by the City Clerk of the proposed action to be taken and the holder shall be afforded an opportunity to appear before the City Council and be heard. Any action of the City Council shall be final, and appeal therefrom shall be to the Iowa District Court for Black Hawk County. 3-5B-13 : Duration of the Business License : A license shall be in effect only from May 1 of the year in which it is issued through April 30 of the following year. 3-5B-14 : Driver' s License Required: No person shall operate a vehicle for hire upon the streets of the City and no person who owns or controls a vehicle for hire shall permit it to be so driven unless the driver shall have first obtained and shall have then in force a driver' s license issued under the provisions of this Article. 3-5B-15 : Application for Driver' s License : (a) An application for a vehicle for hire driver' s license shall be filed with the City Clerk on forms provided by the City. It shall be certified under oath and shall contain the following information: (1) The names and addresses of three residents of the City who have known the applicant for a period of at least two (2) years, and who shall vouch for the applicant' s sobriety, honesty and general good character. (2) The experience of the applicant in the driving of an automobile . (3) The applicant shall possess at the time of making said application a valid Iowa commercial driver' s license (CDL) or Class D operator' s license . (4) Further information as the City Council may require. (b) At the time the application is filed, the applicant shall pay the City Clerk the sum of ten dollars ($10 . 00) . • Ordinance No. 4775 Page 6 3-5B-16 : Police Investigation of Applicant; Traffic and Police Record: The Police Department shall conduct an investigation of each applicant for a vehicle for hire license, and a copy of the traffic and police record of the applicant, if any, shall be attached to said application. 3-5B-17 : Examination of Applicant : (a) No applicant will be accepted who is listed on the Iowa Sex Offender Registry as defined by Iowa law 692A. (b) The Waterloo Police Department shall be responsible for verify the requirements of subsection (a) above, and it shall process the application by conducting the following investigation: (1) The applicant' s driving record shall be verified in order to determine that the applicant has a valid Iowa Commercial Driver' s License (CDL) or Class D Operator' s License. (2) A query shall be made to determine if the subject is wanted for any criminal offense . (3) A query shall be made through the Iowa Sex Offender Registry to determine if the applicant is on file as a sex offender. 3-5B-18 : Consideration of Application: The City Clerk upon receipt of the report of the applicant' s police investigation and the recommendation of the Chief of Police shall consider the same and approve or reject it . If the application is rejected, the applicant may request a personal appearance before the City Council to offer evidence why the application should be considered. 3-5B-19 : Issuance of License : Upon approval of an application for a vehicle for hire driver' s license, the City Clerk shall issue a license to the applicant with a license number thereon. This license must, under penalty of revocation of the license, be constantly and conspicuously displayed in the vehicle for hire. Each driver shall also have an identification card conspicuously displayed in the vehicle for hire showing the name and photograph of the driver. Any driver loaning his/her license or identification card permitting another person to use the same shall be guilty of a misdemeanor, and his/her license shall be revoked. 3-5B-20 : Duration of License : A license shall be in effect only from May 1 of the year in which issued through April 30, of the following year. • Ordinance No. 4775 Page 7 3-5B-21 : License Fee : A license for every year thereafter shall be issued upon the payment of five dollars ($5 . 00) and upon proper showing of a current commercial driver' s license (CDL) or Class D operator' s license issued by the State unless the license for the preceding year has been revoked or the applicant is not approved by the Chief of Police . 3-5B-22 : Lost License : Any licensed driver upon losing any license shall present an affidavit as to such loss to the City Clerk, who in turn is authorized to issue a replacement license containing a distinct and separate number and identification showing the same to be a replacement, and the City Clerk is authorized to make a charge of one dollar ($1 . 00) for such replacement license . The City Clerk shall keep a separate record of replacement licenses issued showing the date of issuance, to whom issued and the identification contained thereon. 3-5B-23 : Suspension Or Revocation of License : The City Clerk, upon order of the Chief of Police, shall suspend any driver' s license issued under this Article for a driver' s failure or refusal to comply with its provision, such suspension to last for a period of not more than ten (10) days . The City Council may revoke any driver' s license for failure to comply with the provisions of this Article . However, a license may not be revoked unless the driver has received at least three (3) day' s written notice from the City Clerk of the proposed action to be taken and has had an opportunity to appear before the City Council and be heard. 3-5B-24 : Vehicles Kept in Sanitary and Structurally Sound Condition: (a) Every vehicle must conform to a high standard of sanitation and good repair, and shall be maintained. The Black Hawk County Health Department is authorized to inspect these vehicles at any time they are in operation. The fee for the inspection shall be Twenty Dollars ($20 . 00) every six months. (b) The Health Department shall perform the inspection of the licensed vehicles for hire upon the following schedule : (1) As stated above in paragraph (a) ; (2) Upon change of ownership of the vehicle for hire or its company; (3) Whenever a new vehicle is added to an existing fleet, the new vehicle or vehicles shall be inspected by the Health Department; and/or (4) Upon complaint . Ordinance No. 4775 Page 8 Following a substantiated complaint, the affected vehicle shall be immediately removed from service. The vehicle shall not be returned to service until all required corrections are made . It shall be the responsibility of the owner/operator of the vehicle for hire to request a re-inspection of the unit . The fee for re-inspection shall be Twenty Dollars ($20 . 00) . 3-5B-25 : Condition of Vehicles - Safety/Mechanical Inspection: (a) Every vehicle for hire shall be inspected for safety/mechanical conditions before being put in service, and shall thereafter be inspected semi-annually for such period of time as the same continues to be operated as a vehicle for hire, such inspections to be conducted by auto services authorized by the city to conduct said inspections . A list of the authorized auto services shall be kept on file by the City Clerk. The cost for said inspection is at the sole discretion of the auto services authorized to provide said inspections . No vehicle for hire shall obtain a license, or be operated as a vehicle for hire without passing said safety/mechanical inspections . Each vehicle passing such inspection shall obtain a sticker to be placed in a conspicuous place on each vehicle by the auto service conducting said inspection and a copy of the inspection report shall be filed with the City Clerk. (b) The safety/mechanical inspection shall be performed by an authorized auto service on each vehicle for hire upon the following schedule: (1) As stated above in paragraph (a) ; (2) Upon change of ownership of the vehicle for hire or its company; (3) Whenever a new vehicle is added to an existing fleet; and/or (4) Upon complaint . Following a substantiated complaint, the affected vehicle shall be immediately removed from service. The vehicle shall not be returned to service until all required corrections are made. It shall be the responsibility of the owner/operator of the vehicle for hire to request a re-inspection of the unit . 3-5B-26 : Designation Of Vehicles For Hire : (a) As applicable, each vehicle for hire shall bear on the outside of a door on each side the name of the owner in letters at least two inches (2" ) in height and, in addition, shall bear an identifying design. No vehicle covered by the terms of this Article shall be licensed whose color scheme, identifying design, monogram or insignia to be used thereon shall conflict with or imitate any color scheme, identifying design, monogram or insignia used on a vehicle or vehicles already operating under this Article, in such a manner as to be misleading or tend to deceive or defraud the public. In case of such conflict or Ordinance No. 4775 Page 9 imitation, the license and certificate covering the vehicles for hire shall be suspended or revoked as provided in this Article . Said signage may be removed for the duration of a trip if requested by contracting passenger. (b) Each vehicle for hire shall bear on the inside of the passenger compartment clearly visible to passengers a sign which denotes the name of the owner and the number used by the owner to designate the vehicle for hire. 3-5B-27 : Taximeter: (a) Every vehicle for hire operating on the streets of the City of Waterloo shall be equipped with a taximeter fastened in front of the passenger, visible to them at all times, and after sundown, the face of the taximeter shall be illuminated. (b) The taximeter shall be operated by a mechanism of standard design and construction for the taximeter industry, which shall accurately record the fare for each trip. Taximeters shall be sealed at all points and connections that, if manipulated, would affect their correct reading and recording. Each taximeter shall have a device or signal to denote when the vehicle is employed and when it is not employed; and it shall be at the recording position at the termination of each trip. (c) The taximeters shall be subject to inspection from time to time by the City. The City Clerk or designee is authorized to employ a person certified to determine the accuracy of the taximeter to inspect any meter, and upon discovery of any inaccuracy in the meter, to notify the person operating the vehicle for hire to cease operation. Thereupon, the vehicle for hire shall be kept off the streets until the taximeter is repaired and in the required working condition. (d) The City Clerk shall impose an inspection fee equal to the expenses incurred for an inspection, which shall be paid by the owner of the vehicle for hire. (e) No owner or driver of a vehicle for hire shall charge a greater sum for the use of a vehicle for hire than in accordance with the rates on file in the office of the City Clerk. (f) Whenever the owner or operator of the vehicle for hire desires to change the fare charged for the use of the vehicle for hire, the owner or operator shall file a notice with the City Clerk setting forth the new rates, when they will go into effect, which date shall not be less than thirty (30) days after filing the notice . (g) The owner of the vehicle for hire may charge a one dollar ($1 . 00) surcharge for each trip made from midnight to 5 : 00 a.m. Ordinance No. 4775 Page 10 3-5B-28 : Receipt For Payment Of Rates : If requested by the passenger, the driver in charge of a vehicle for hire shall deliver to the person hiring the same at the time of payment a receipt therefore in legible type or writing containing the name of the owner, the vehicle for hire license number or the driver' s signature and the total amount paid and the date of payment . 3-5B-29 : Prepayment : Each driver of a vehicle for hire shall have the right to demand payment of the estimated legal fare in advance and may refuse service unless so prepaid. 3-5B-30 : Posting of Rates : Every vehicle for hire shall have posted in a conspicuous place on the inside of the vehicle in the passenger' s compartment a card no less than three inches by five inches (3" x 5" ) on which shall be printed in plain legible type the rates of fares charged by the vehicle for hire, unless operation of the vehicle for hire is pursuant to a contract . 3-5B-31 : Overcharge : No person shall charge, or attempt to charge a passenger a higher rate of fare than shown by the posted rate. 3-5B-32 : Additional Passengers : No driver shall permit any other person to occupy or ride in his/her vehicle for hire unless the person or persons first employing the vehicle for hire shall consent to the acceptance of an additional passenger or passengers . Ride sharing is not prohibited but rather shall be encouraged to promote energy savings . 3-5B-33 : Trip Card: Each driver of a vehicle for hire shall prepare and maintain a daily trip card of all trips made by the driver, showing the time and place of origin, destination, number of passengers, and the amount of fare for each trip. 3-5B-34 : Driver Prohibitions : No vehicle for hire driver shall solicit business for any hotel, or attempt to divert patronage from one hotel to another. Neither, shall a driver engage in selling intoxicating liquors or distributing controlled substances (except prescription deliveries) or solicit business for any house of ill repute or use the vehicle for hire for any purpose other than that provided in this Article. No driver shall drink intoxicating liquors or consume controlled substances while on duty as a driver. Ordinance No. 4775 Page 11 3-5B-35 : Preventing Ingress and Egress : It shall be prohibited for vehicles for hire to prevent convenient ingress and/or egress to the property abutting the street where the vehicle for hires has a stand or is located. 3-5B-36 : Smoking Prohibited By Vehicle For Hire Driver: It shall be prohibited for a driver of a vehicle for hire to smoke when a paying passenger is in the vehicle. 3-5B-37 : Violation of Article; Penalty: Any person violating any of the terms of the provision of this Article as to vehicles for hire shall be deemed guilty of a municipal infraction and upon conviction thereof shall be punished as follows : First offense $200 . 00 Second offense $500 . 00 Third and subsequent offenses $750 . 00 INTRODUCED: June 13 , 2005 PASSED 1st CONSIDERATION: June 13 , 2005 PASSED 2nd CONSIDERATION: June 13 , 2005 PASSED 3rd CONSIDERATION: June 13 , 2005 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 13th day of June, 2005, and approved by the Mayor on the 15th day of June, 2005 . (A.Ge Tim Hurley, yor ATTEST: Nancy Eckilt, CMC City Cler CERTIFICATE I , Nancy Eckert, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4775, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 13th day of June, 2005 . Witnes,C4„ply hand and seal of office this 15th day of June, 2005 . ,` C.�-2il SEAL , Nancy Eck_© , CMC City Clerk