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HomeMy WebLinkAbout3081-04.14.1980 (RECORDED) 74 • ORDINANCE NO. 3 0 g I AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING CHAPTER 36, VEHICLES FOR HIRE, IN ITS ENTIRETY AND ENACTING IN LIEU THEREOF NEW CHAPTER 36, TAXICABS. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa, that: Chapter 36, Vehicles for Hire, of the Code of Ordinances of the City of Waterloo, Iowa, is hereby repealed in its entirety; that new Chapter 36, Taxicabs, is hereby enacted in lieu thereof as follows: CHAPTER 36 TAXICABS 36-1. Definitions. Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this chapter, have the following meanings in this section: "Certificate" means a certificate of public convenience and necessity issued by the city council, authorizing the holder thereof to conduct a taxicab business in the city. "City Clerk" means the city clerk or his authorized representative. "Cruising" means the driving of a taxicab on the streets, alleys, or public places of the city in search of, or soliciting prospective passengers for hire. "Driver's license" means the permission granted to a person to drive a taxicab upon the streets of the city. "Holder" means a person to whom a certificate of public convenience and necessity has been issued. "Open stand" means a public place alongside the curb of a street or elsewhere, in the city, which has been designated as reserved exclusively for the use of taxicabs. "Person" includes an individual, a corporation or other legal entity, a partnership, and any unincorporated association. "Rate card" means a card issued by the holder for display in each taxicab which contains the rates of fare then in force. "Taxicab or cab" means a motor vehicle regularly engaged in the business of carrying passengers for hire and not operated on a fixed route. "Taximeter" means an instrument or device attached to a taxicab which measures mechanically the distance driven and the waiting time upon which the fare is based. "Traffic director" means the Captain of the Traffic Division of the Police Department of the City of Waterloo or his authorized representative. "Trip card" means a daily record prepared by a taxicab driver of all trips made by him showing the time and place of origin, destination, number of passengers, and the amount of fare for each trip. 36-2. Certificate of public convenience and necessity. No person shall operate or permit a taxicab owned or controlled by him to be operated as a vehicle for hire upon the streets of the city without having first obtained a certificate of public convenience and necessity from the city clerk. 36-3. Contract drivers. (a) Notwithstanding the provisions of section 36-2 of this code a certificate of public convenience and necessity may also be granted to an applicant therefor or renewed to an existing holder of a certificate, who proposes to furnish 0,1< 300Y, ,,t.ac.; PAGE 250 Page 2 taxicab service at least in part, through drivers who are duly licensed by the city, who are bound by written agreement with the certificate holder to furnish taxicab services of the quality provided for in this chapter, and who either own or are lessees of licensed taxicabs. Such agreement shall incorporate the provisions of this chapter applicable to such driver. Certificate holders and drivers bound by said written agreement shall report in writing to the traffic director, on or before the fifth day of each month, the names and addresses of all drivers who operated taxicabs during the preceding month. 1 (b) Holders of certificates operating under this plan shall be treated as owners in applying sections 36-7, 36-23 and 36-25 of this code. (c) Nothing herein shall change the holder's obligation to furnish to the city the insurance coverages provided for in section 36-7 of this code or change the license fees provided for in section 36-8 of this code. 36-4. Application. An application for a certificate shall be filed with the city clerk. It shall be verified under oath and shall contain the following information: (1) The name and address of the applicant. (2) The financial status of the applicant, including the amounts of all unpaid judgments against him and the nature of the transaction or acts giving rise to these judgments. (3) The experience of the applicant in the transportation of passengers. (4) Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate. (5) The number of vehicles to be operated or controlled by the applicant and the location of proposed depots and terminals. A description of each vehicle, including serial number, make, model, year and number of persons it is capable of carrying, shall be included, (6) The color scheme or insignia to be used to designate the vehicle or vehicles of the applicant. (7) Further information as the city council may require. 36-5. Public hearing. Upon the filing of an application, the city council shall fix a time and place for public hearing thereon. Written notice of the hearing shall be given to the applicant by the city clerk and to all persons to whom certificates of public convenience and necessity have been theretofore issued. Any interested person may file with the city clerk a memorandum in support of or opposition to the issuance of a certificate. 36-6. Issuance. (a) If the city council finds that further taxicab service in the city is required by the public convenience and necessity and that the applicant is fit, willing, and able to perform such public transportation and to conform to the provisions of this chapter, then the city council shall direct the city clerk to issue a certificate stating the name and address of the applicant, the number of vehicles authorized under the certificate and the date of issuance. Otherwise, the application shall be denied. (b) In making the above findings, the city council shall take into consideration the number of taxicabs already in operation, whether existing transportation is adequate to meet the public need, the probable effect of increased service on local traffic conditions, and the character, experience and responsibility of the applicant. (c) Any person lawfully operating taxicabs upon the streets of the city at the time of adoption of this chapter, notwithstanding the foregoing, shall be granted a certificate of public convenience and necessity. Any person lawfully BOOK 235 PAGE 251 • Page 3 possessing a certificate of public convenience and necessity shall not be required to renew the same unless the certificate is revoked, voluntarily surrendered or the licenses herein required are not renewed within thirty (30) days after the expiration thereof. Renewal of the certificate shall be according to the same procedure as for its original issuance. 36-7. Liability insurance. (a) No certificate of public convenience and necessity shall be issued or continued in operation unless and until the owner of the taxicab business 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, providing insurance coverage for the taxicab business with a minimum liability of $10,000.00 for the injury or death of any one person and subject to the same limit per person, a minimum liability of $20,000.00 for the injury or death of any number of persons in one accident, and a minimum liability of $5,000.00 for damage to property of others, including baggage, but excluding property of the assured, or property in the care, custody or control of the assured, or property hired or leased by the assured, and for the bodily injury to or death of others, except to employees of the assured engaged in the course of their employment resulting from accident or collision for which the owner will be liable on account of the liability imposed upon him by law for any acts of negligence of his, or his agents or servants, in the negligent operation of such taxicab. (b) The insurance policy or certificate of insurance referred to in this section shall provide that it cannot be cancelled or terminated until ten (10) days notice by registered mail of such cancellation or termination shall have been given to the city clerk. (c) The cancellation or other termination of any insurance policy, issued in compliance with this section, shall automatically revoke and terminate the certificate and all licenses issued for the taxicab 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 certificate and all licenses for the taxicab business and the vehicles covered by insurance which is cancelled or terminated. 36-8. Licenses. (a) No certificate shall be issued or continued in operation unless its holder has paid to the city clerk an annual license fee of $100.00 for the right to engage in the taxicab business and an annual license fee of $25.00 for each vehicle operated under a certificate of public convenience and necessity. 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 his operation and control. (b) Whenever a license is issued by the city clerk under the terms of this chapter, a metal plate or identification tag shall be delivered to the owner. The metal plate or identification tag shall not exceed six (6) inches in diameter and shall bear the official license number and the year in which the license was issued. The plate or tag shall be affixed in a conspicuous place on the taxicab for which the license is granted. 36-9. Transfer. No certificate of public convenience and necessity shall be sold, assigned, mortgaged or otherwise transferred without the consent of the city council. 36-10. Suspension or revocation. (a) A certificate issued under the provisions of this chapter may be revoked or suspended by the city council if the holder thereof violated any of the provisions of this chapter, discontinued operations for more than ten (10) days unless such discontinuance is the result of a labor dispute, or has violated any city ordinance, or the laws of the United States or the State of Iowa, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation. BOOK 235 PACE 252 Page 4 (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 shall be afforded an opportunity to appear before the city council and be heard. 36-11. Taxicab driver's license. No person shall operate a taxicab for hire upon the streets of the city and no person who owns or controls a taxicab shall permit it to be so driven, and no taxicab licensed by the city shall be so driven at any time for hire, unless the taxicab driver shall have first obtained and shall have then in force a taxicab driver's license issued under the provisions of this chapter. 36-12. Application. (a) An application for a taxicab driver's license shall be filed with the city clerk on forms provided by the city. It shall be cerified under oath and shall contain the following information: (1) The names and addresses of three (3) residents of the city who have known the applicant for a period of two (2) years and who will vouch for his sobriety, honesty, and general good character. (2) The experience of the applicant in the driving of an automobile. (3) The educational background of the applicant. (4) A concise history of his employment. (5) Places of residence for the last five (5) years. (6) A concise statement of the history of his health and of any present impairments or disabilities. (7) Further information as the city council may require. (b) At the time the application is filed the applicant shall pay to the city clerk the sum of $10.00. 36-13. Examination of applicant. Before any taxicab driver's license is issued by the city clerk the applicant must be investigated and his moral character and compliance with the provisions of this chapter approved by the chief of police. The applicant must show that he has a current motor vehicle chauffeurs driver's license issued by the department of public safety of the State of Iowa and a knowledge of the geography of the city. 36-14. Police investigation of applicant; traffic and police record. The police department shall conduct an investigation of each applicant for a taxicab driver's license. This investigation shall include the applicant being fingerprinted and photographed. A report of this investigation and a copy of the traffic and police record of the applicant, if any, shall be attached to the application. 36-15. 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 his appli- cation should be considered. 36-16. Issuance. Upon approval of an application for a taxicab driver's license, the city clerk shall issue a license to the applicant with his license number thereon. This license must, under penalty of revocation of his license, be constantly and conspicuously displayed in the taxicab. Each driver shall also have an identi- fication card showing the name of the driver and his photograph conspicuously displayed in the taxicab. Any driver loaning his license or identification card or permitting another person to use the same, shall be guilty of a misdemeanor and his license shall be revoked. bOOK 235 PAGE 253 Page 5 36-17. 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. 36-18. Fee. A license for every year thereafter shall be issued upon the payment of $5.00 and upon proper showing of a current chauffeur's license issued by the State of Iowa unless the license for the preceding year has been revoked or the applicant is not approved by the chief of police. 36-19. 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 replace- ment 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 $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. 36-20. Suspension or revocation. The city clerk, upon order of the chief of police, shall suspend any taxicab driver's license issued under this chapter for a driver's failure or refusal to comply with its provisions, 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 chapter. However, a license may not be revoked unless the driver has received three (3) days 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. 36-21. Compliance with chapter provisions. (a) Every driver licensed under this chapter shall comply with all city, state and federal laws. Failure to do so will justify suspension or revocation of his license. (b) Prior to the use and operation of any vehicle under the provisions of this chapter said vehicle shall be made to comply with all applicable requirements of the State Motor Vehicle Code or other state and city laws. 36-22. Vehicles kept in clean and sanitary condition. Every vehicle operating under this chapter shall be kept in a clean and sanitary condition. 36-23. Designation of taxicabs. (a) Each taxicab shall bear on the outside of a door on each side the name of the owner in letters at least two (2) inches in height; and, in addition, may bear an identifying design. No vehicle covered by the terms of this chapter 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 chapter, in such a manner as to be misleading or tend to deceive or defraud the public. In case of such conflict or imitation the license and certificate covering the taxicab or taxicabs shall be suspended or revoked as provided in this chapter. (b) Each taxicab 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 taxicab. 36-24. Taximeters. All taxicabs operated under the authority of this chapter shall be equipped with taximeters fastened in front of the passengers, visible to them at all times day and night; and, after sundown, the face of the taximeter shall be illuminated. They shall be operated mechanically by a mechanism of standard design and construction, driven either from the transmission or from one of the front wheels by a flexible and permanently attached driving mechanism. They shall be sealed at all points and connections which, if manipulated, would affect their correct reading and recording. Each taximeter shall have thereon a flag to denote when the vehicle is employed and when it is not employed. The driver shall throw the taximeter flag into a recording position at the beginning of each BooK 235 PAGE 254 Page 6 trip and into a non-recording position at its termination. Taximeters shall be subject to inspection from time to time by the police department. Any inspector or other department officer is hereby authorized either upon com- plaint of any person or without such complaint, to inspect any meter, and upon discovery of an inaccuracy therein of over five percent to the prejudice of any passenger, to notify the person operating said taxicab to cease operation. The taxicab shall then be kept off the highways until the taximeter is repaired, or replaced with another, the meter to be in the required working condition. 36-25. Trip rates. (a) No person owning, operating or controlling any motor vehicle operated as a taxicab within the limits of the city shall charge to exceed the following rates to be determined by the taximeter: For the first 1/5 mile or fraction thereof for one person $1.00 For each succeeding 1/5 mile or fraction thereof .20 For each additional person for the whole journey .20 For each minute of waiting or fraction thereof .15 For each delivery .30 For employment per hour 10.00 (b) A $.50 gasoline surcharge shall be collected for each trip. Monies collected shall be deposited daily in a separate account identified as "Gasoline Surcharge Account" and dedicated solely towards the purchase of motor fuels. (c) Waiting time shall include the time when the taxicab is not in motion, beginning with the arrival at the place to which it has been called, and the time consumed while standing at the direction of the passenger, or in the observance of traffic controls, or due to delays in traffic when the taxicab is traveling at a speed which is slow enough for the time rate to exceed the mileage rate. (d) No charge shall be made for the time lost because of the inefficiency of the taxicab or its operator or time consumed by premature response to a call. In no event shall the taximeter accumulate charges for time and distance concurrently, nor shall there be a time charge when the taxicab is moving at a velocity in excess of the rate per hour divided by the rate per mile. (e) In the event the owners and operators of taxicabs propose to adjust such rates to amounts greater than those immediately hereinabove set forth, they may do so only after taking the following action: (1) Owners and operators proposing to increase rates to any amount above those rates immediately hereinabove set forth shall submit to the city council a statement of such intention and of the proposed schedule of rates of fare. (2) Thereupon, such proposed increases shall be suspended until, the city council votes affirmatively to approve such schedule, and the schedule of rates of fare in effect for each proponent at the time of filing such proposal shall remain in effect until such approval is granted. (f) Any collection of fares in excess of the maximum approved by the city council in the manner hereinabove prescribed shall constitute a misdemeanor. 36-26. Receipt for payment of rates. If requested by the passenger, the driver in charge of a taxicab shall deliver to the person hiring the same at the time of payment, a receipt therefor in legible type or writing containing the name of the owner, the taxicab license number or the driver's signature and the total amount paid and the date of payment. 9t1m. bOOK 4.,cid PAGE 255 Page 7 36-27. Posting rates. Every taximeter shall be so connected or affixed to the taxicab that the amount of fare determined and charged for its use shall be plainly visible to all passengers or occupants. There shall be posted in a conspicuous place on the inside of the taxicab in the passenger's compartment a card, the size of which shall be approved by the city clerk, on which shall be printed in plain legible type, the rates of fares charged by the taxicabs. 36-28. Prepayment. Every driver of a taxicab shall have the right to demand payment of the estimated legal fare in advance and may refuse employment unless so prepaid. 36-29. Overcharge. No person shall charge, or attempt to charge, a passenger a higher rate of fare than that specified in this chapter. 36-30. Refusal to pay; determination of fare disputes. Any person who shall have hired a taxicab for the purpose of riding therein, or transporting any goods, wares or merchandise, and who shall refuse to pay the fare therefor as fixed by this chapter, shall be guilty of a misdemeanor. All disputes as to fares shall be determined by the police officer nearest to the place where the dispute arose. 36-31. Solicitation of passengers by driver. No driver shall solicit passengers for a taxicab except when sitting in the driver's compartment or while standing immediately adjacent to the curb side thereof. The driver of any taxicab shall remain in the driver's compartment or immediately adjacent to his vehicle at all times when the vehicle is upon the public street. Nothing herein contained shall be deemed to prohibit any driver from alighting onto the street or sidewalk for the purpose of assisting passengers into or out of the vehicle or from complying with the directions of the person engaging the taxicab regarding the loading or unloading of any baggage, goods, wares or merchandise. 36-32. Prohibited solicitation. No driver shall solicit patronage in a loud or annoying tone of voice or by sign or in any manner annoy any person or obstruct the movement of any persons, or follow any person for the purpose of soliciting patronage. 36-33. Receipt and discharge of passengers on sidewalk only. Drivers of taxicabs shall not receive or discharge passengers in the roadway but shall pull up to the right-hand sidewalk as nearly as possible or in the absence of a sidewalk, to the extreme right-hand side of the road and there receive or discharge passengers, except upon one-way streets, where passengers may be discharged at either the right or left-hand sidewalk or side of the roadway in the absence of a sidewalk. 36-34. Cruising. No driver shall cruise in search of passengers except in such areas and at such times as shall be designated by the traffic director. These areas and times shall be designated only when the traffic director finds that taxicabs cruising would not congest traffic or be dangerous to pedestrians and other vehicles. 36-35. Solicitation of other common carrier passengers. No owner or operator shall solicit passengers within the terminal of any other common carrier, nor at any intermediate points along any established route of any other common carrier. This rule is not intended to prohibit or interfere with response to any call for taxicabs, made by telephone, or by signal from a pedestrian or from soliciting patronage of a debarking passenger of any common carrier. 36-36. Additional passengers. No driver shall permit any other person to occupy or ride in his taxicab, unless, the person or persons first employing the taxicab shall consent to the acceptance of an additional passenger or passengers. Ride sharing is not prohibited but shall be encouraged to promote energy savings. Boa 235 PACE 256 Page 8 36-37. Passenger loads. (a) The load for "checker type" taxicabs with a full rear seat seating three passengers and two jump seats in the rear compartment shall be limited to a maximum of six passengers other than the driver, with not more than one passenger to be seated in the front seat with the driver, except as provided in subsection (b) of this section. (b) The load for "checker type" taxicabs with full rear seat seating three passengers and two jumps seats in the rear compartment shall be limited to a maximum of seven passengers other than the driver, if passengers are children up to and including 12 years of age, with not more than two such passengers to be seated in the front seat with the driver. (c) For a full-size taxicab, the maximum load shall be five passengers exclusive of the driver, with not more than two passengers riding in the front seat with the driver. (d) For a compact taxicab, the maximum load shall be four passengers exclusive of the driver, with not more than one passengers riding in the front seat with the driver. 36-38. Refusal to carry orderly passengers. No driver shall refuse or neglect to convey any orderly person or persons, upon request, unless previously engaged or unable or forbidden by the provisions of this chapter to do so. The driver shall, however, not be obligated to convey any person who is incapable of entering the taxicab unassisted. 36-39. Driver prohibitions. (a) No taxicab 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 his vehicle for any purpose other than that provided by this chapter. No driver shall drink intoxicating liquors or consume controlled substances while on duty as a driver. 36-40. Location of taxi stands. Taxicab stands shall be located as follows: (1) A stand for one cab in the 600 block of Mulberry. (2) A stand for one cab at the Sycamore Street entrance of the Ellis Hotel immediately northwesterly of the restricted area established at said entrance. (3) A stand for one cab in the 500 block of Sycamore Street at Donaldson's side door. (4) A stand for two cabs at 711 Commercial Street. (5) A stand for two cabs at new bus depot on West Tenth Street between Washington Street and Bluff Street. (6) A stand for three cabs on the north side of the street adjacent to the main entrance to the Waterloo Municipal Airport Terminal. 36-41. Prohibited locations. No taxicab stand shall be located within 15 feet of either side of the entrance. of any theatre, auditorium, hotel or other public building where large assem- blages of people are being held. 36-42. Preventing ingress and egress. No taxicab stand shall be established where the standing of taxicabs thereon would prevent convenient ingress and egress to the property abutting upon the street where the stand is located. 36-43. Only licensed cabs permitted on stands. No vehicle shall occupy a taxicab stand unless duly licensed as provided in this chapter. 4.13 i.P PACE 257 Page 9 36-44. Standing elsewhere for purpose of soliciting. No taxicab shall stand at any place upon the streets of the city for the purpose of soliciting business, except upon the taxicab stands established or provided for that purpose. 36-45. Violation of chapter; penalty. Any person violating any of the terms and provisions of this chapter shall he deemed guilty of an offense, and upon conviction thereof shall be punished as provided in section 1-8. PASSED AND ADOPTED by the City Council this /q_ day of i-pr-JI 1980, and approved by the Mayor this / (:) day of Apr- J , 1980. Leo P. Rooff, k4aor • CD. , . • , • • ATTEST: • • La ry P. rger, City Cler 74-6o:( • INDEXED ei"'N.h.,_ COMPARED Pf PAGED/ 379.9 BLACK HAWK COUNTY, IOWA:SS Filed for recordSaff 19 - at LKLIO f)M, and recorded in . Book Page Recorder DeplAy Fee (") BOOK 235 PACE 258 QQ.04 . , . . 'STATE OF IO`yA� Black$awk bS Robert = $ � 8 I County ----------�'--M�_ Coy Publisher of the language and a dailyWflfffloo Tour,c r the annexed co published in Waterloo, newspaper printed in Ordinance Black Hawk County, the English copy of IVo. 3081 tY, Iowa do t ----`- solemnly swear that I AN ORDINANCE ORDINANCE N0.3IN COpE OE ORDINANCE TH notice was published in CITY pE DIN INE NO. 81 THthe E CHAPTER A,by once English language VEHICLES OR HIRE only ENTIRETY - IN ITS ---"'^--______- THEREOFANU ENACTING IN CO TAXICABS. 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