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HomeMy Public PortalAboutORD13882 • Substitute by Councilman Schnitzler Passed as Amended BILL NO. 2005-11 SPONSORED BY COUNCILMEN Schnitzler and Brown ORDINANCE NO. 1.5 9 XZ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 34, ARTICLE V, IN REGARDS TO OPERATION OF TAXICAB BUSINESSES, TAXICAB PERMITS AND REGULATIONS, AND RATES CHARGEABLE BY TAXICABS BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 34, Article V, Taxicabs, is hereby repealed, and a new Article is hereby enacted, to read as follows: ARTICLE V.TAXICABS • DIVISION 1. GENERALLY See. 34-59. Deflnitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Director of Finance or Director. The Director of L Division of Finance of the DIX S Jefferson,or his designee. Limousine, Any of various large passenger vehicles, especially a luxurious automobile, normally driven by a chauffeur. Taxicab. A motor vehicle of not more than seven-passenger capacity, not including the driver, used in the transportation of persons or property for hire between points within this city, or between points within this city and points outside of this city, but not including limousines. Taxicab business. The business of transporting persons and their property by taxicab. Taxicab driver. The operator of taxicab. • Drafter's Note; Deleted text is shown thin. Inserted text is shown 1 its. C:\MyFile.s\Council\Ordiiianccs\2005-011 FINAI.subst as mncuded,wpd • Substitute by Councilman Schnitzler Passed as Amended (Ord. No. 9556, § 1(35-1), 12-1-80; Ord. No. 11366, § I & 2, 1-23-90) DIVISION 2. C-ERTIFWATE OF EONN'ENIENC-E AND NEEESSITY DIVISION 2 TAXICAB BUSINESSES AND VEHICLES 34.611 Permit Required: 1. it shall he unlawful for nnYperson,corporation or partnership to operate or conduct a taxicab business or limousine service or similar business within the city limits without first obtaining a permit. 2. it shall be unlawful for any person,corporation or partnership to operate any vehicle for hire within the city limits of.lefferson City unless that vehicle has a permit issued to it and the vehicle permit fee has been paid. 3 The annual permit fee shall be )One hundred • Dollars ($100.01)1 per annum for the first vehicle and five dollars ($5.011) for each additional vehicle. The annual fee shall be waived during the first permit period. 4 The permit shall he good from date of issuance until.tune 311'(' of the following year. 5u All permits Issued under this chapter shall expire after one year, or upon the prescribed renewal date, which ever first occurs. 6 All permits shall be for 24 hour, seven days a week, operation, unless a specific exception is requested and granted by the Council. Sec.34-60 61. Condition and appearance; identification. All taxicabs shall be kept in a thoroughly and mechanically safe operating condition complying with all of the safety requirements of this Code and other ordinances of the city and state law regulating motor vehicles ol'a capacity of seven passengers or less. Each taxicab shall be kept clean and properly painted,and shall be identifiable as a taxicab by appropriate signs • Mailer's Note: Deleted text is shown thin. inserted text is shown tints. C:\MyFiles\CouncilkOrdinanccs\2005-011 FINAL subst as amended.wpd 2 • Substitute by Councilman Schnitzler Passed as Amended painted on the door on each side of such taxicab. (Ord. No, 9556, § 1(35-8), 12-1-80) Sec. 34-611•62. Additional intermediate point passengers. Taxicab drivers shall be authorized to pick up one or more additional passengers at points intermediate to the point of origin and destination of the initial passenger being transported on a particular movement, when authorized by the initial passenger to do so. No taxicab operator shall be required to transport passenger(s) or packagc(s) that pose a hazard to the occupants or the sale operation of the vehicle. No Taxicab shall transport passengers in excess of the number of available safety belts installed in that vehicle. Unsupervised children must wear safety belts while being transported by taxicab. (Ord. No, 9556, § 35-14, 12-1-80; Ord. No. 12849, §1, 11-16-98) 34-63 Taxicab Business Operator, Application generally. • 1. Any person desiring to secure a permit to engage in, operate or conduct-4 taxicab business or limousine service or similar business within the city shall Ille with the Director of Finance a written application therefor, in duplicate, verified under oath, giving the following Information: A. The full name, residential and business addresses of the applicant for the past flve(5) years, if a partnership,the name and residential and business addresses of all the partners for the past five (5) years: if a corporation,the name and residential address of all of the officers and directors for the past five (5) years. B. Whether or not the applicant,or any persons listed in subsection (1) above, has been convicted of the violation of any federal or state felony law, or any federal or state misdemeanor involving the use or threat of force or violence or the sale of drugs or sexual abuse: or within the previous two(2) years, has been convicted of violating any provision of this Code or has ever had a business license or other licence or permit issued by the city revoked or suspended. Applicant shall supply a criminal record check by the Missouri State Highway Patrol or similar agency to verify the Information provided in this section, • Drifter's Note: Deleted text is shown tlms. Inserted text is shown 1hu, C:\MyFiles\Council\Ordinances\2005.01 I FINAL subst as antended.wpd 3 • Substitute by Councilman Schnitzler Passed as Amended C. Whether or not the applicant or any person listed in subsection (1) above has unpaid claims or unsatisfied judgments against him for damages resulting from the negligent operation of at vehicle. D. The past experience, if any, that the applicant has had in rendering a taxicab, limousine or similar service, including the dates such service was rendered and the city wherein the service was rendered. E. Whether or not any license or permit to operate a taxicab, limousine or similar service Issued to applicant has ever been revoked or suspended, and if so, the circumstances of the revocation or suspension F The number of vehicles proposed to he operated and a complete identification of each,including the make, model, motor number and vehicle identification number of each taxicab or limousine and the registered owner: provided, however that the make. model, motor • number and vehicle identification number of each new motor vehicle included in the application may he supplied by t� he applicant and endorsed on the application at an time ime prior to the actual issuance of the permit by the Director. GG The arrangements the applicant has made for the public to secure transportation in the applicant's taxicabs or Ilmousincs including the manner in which such vehicles will he dispatched. 1,1 If the application is for a permit to operate a taxicab business,the color scheme,name and characteristic insignia to he used to designate the taxicabs of the applicant. 1, An application fee in the amount of f' H Hffi Two Hundred and no/100 Dollars (5200.011) plus an additional five dollars (55.00) for each vehicle in excess of one. The portion of any application fee not expended by the City shall be refunded to the applicant. Is The number of vehicles to he operated which shall in no case he less than three four door vehicles. • Dmfler's Note: Deleted text is shown thus. Inserted text is shown JIM. C:\MyFiles\Council\Ordinances\2005-01 I FINAL subst as amended,wpd 4 • Substitute by Councilman Schnitzler Passed as Amended K. The hours durine which the business will be operated. L. Such further information as the Director may reasonably require. Sec. 34-80 65. Certificate of Convenience and Ncccssit Required. It shall be unlawful for any person to engage in the operation of it taxicab business, unless such person shall have first obtained from the city a certificate ofconvenience and necessity authorizing the holder thereof to operate a taxicab business; provided, that all persons engaged in the operation of a taxicab business on May 311. 2(105, shall be presumed to be in an operation which promotes the public convenience and necessity of the residents of this city, and that any person so engaged in the operation of'a taxicab business upon such date shall be issued a certificate of convenience and necessity by the Director so that existing operations may be lawfully continued. (Ord. No. 9556, § 1(35-2), 12-1-80; Ord.No. 11904, § 4, 5-17-93; Ord. 13600, §15, 9-2-2003, (Ord. 13600, §15, 9-2-2003) • See. 34-8+66. Application generally. The application for a permit to operate a taxicab business shall also serve as a request for a certificate of convenience and necessity. . , , n limincin' vf-thc applic.it and Hm masuit tile apPlicneit b6ncs that if,. public conmaicim mid 111663Mt;U (Ord. No. 9556, § 1(35-2), 12-1-80; Ord. No. 11904, §4, 5-17-93; Ord. 13600, §15, 9-2-2003) See. 34-82 U. Public hearing on application. A. Upon receipt of an application to obtain a certificate of convenience and necessity, the Director afeninninity Beveitnpinent Chairman of die Tr(ifjic and Transportation Commission shall set such application for a public hearing before the Tragic and Transporiaiior Commission, after first having given ten (10) days' notice of the time and place of such hearing to • Dmfler's Note: Deleted text is shown time. Inserted text is shown thus, C:\MyPilcs\Council\Ordinancest2005-01 I FINAL subst as auundcd.wpd 5 • Substitute by Councilman Schnitzler Passed as Amended all certified taxicab companies operating within the city at the time that the application was filed with the Director. B. The Direetor Chairman of the Traffic and Transportation Commission shall cause evidence to be taken at such hearing on the application for a certificate of convenience and necessity. The applicant and all holders of certificates outstanding at the time of the hearing shall be given an opportunity to present all relevant and material evidence bearing on the issue of whether the public convenience and necessity of the citizens of the city requires the certification of the applicant to engage in the operation of a taxicab business. Within seven days after the!tearing, the T rab"Ic and 'Transportation Commission shall issue a recommendation to the Director as to whether or not the Cet7ircate should he granted. The Director afeummunity Development, in determining such issue,should consider, among others, the following factors: I. The number of outstanding certificates of convenience and necessity at the time of the hearing and the total number of taxicabs being operated by the holders of these certificates. • 2. The ability of the holders of certificates of convenience and necessity to increase or augment the number of taxicabs being presently operated. 3. The effect that the issuance of an additional certificate might have on the holders of certificates of convenience and necessity theretofore issued and presently outstanding. 4. The effect that the issuance of a certificate might have on existing street traffic, the safety of the public using the streets of the city and traffic congestion. 5. The number of vehicles owned and proposed for use by the applicant. G. The financial responsibility of the applicant. 7. The moral and business qualifications of the applicant. 8. The ability of the general public to obtain good and efficient taxicab service at the time of the hearing from presently existing certified taxicab companies. • Drafter's Note: Deleted text is shown thas. Inserted text is shown fl m. . C:\MyFiles\Council\Ordinances\2005.01 I FINAL subst as antended,wpd 6 • Substitute by Councilman Schnitzlcr Passed as Amended 9. The recommendations q/the Trq/Jic and T wnsportotion Commission. (Ord. No. 9556, § i(35-3), 12-1-80; Ord. No. 11904, § 4, 5-17-93; Ord. 13600, §15, 9-2-2003)) Sec.34-03 68. Issuance or denial. oil uppm tanity to be hen,d IVithin 30 da{vs(aftp er the recommendation GV the Traffic and Transportation Commission is delivered to the Director, the Director 4emninninity Development shall issue its his or her recommendation to t he Council, in writing, as to whether the certificate of convenience and necessity requested by the applicant should be granted or denied. tnkc ilm matte, tindn ad v iscinmit fbi n pe,iod oF.Aut longei than tile,ty (36) . The applicant and all present certified taxicab companies appearing at the hearing shall be notified, in writing, of the decision recommendation of the Director . This decision shall be firml, mid sm appeal shall be allotted . TL Council by motion, shall aeprrov or disapprove the Director's recommendation. If the Council approves the reconhnhe dat on the Director BM issue a certificate of convenience and necessity. (Ord. No, 9556, § 1(35-4), 12-1-80; Ord. No. 11904, § 4, 5-17-93; Ord. 13600, §15, 9-2-2003) • 34=69 Taxicab Business Operator, Investigation, granting of application. 1. No perimit too crate a taxical► business shall tic issu d unless the applicant has first obtained a certificate of convenience and necessiht a_s provided in this Article and has been determined hy th Director to have otherwise me All of the requirements fora license. When both such conditions have been pact the Director sho then issue 11 permit, 2. Grounds to deny a permit to operate shall include, but not limited to, the of owin a' Lack of a certificate of convenience and necessity, Whenever an applicant files an incomplete application. C Whenever an applicant makes a false declaration on the application. D Whenever any person required to be listed upon the application has been convicted of a federal or state felon), within the past ten (10) years or any federal or state misdemeanor involving the use or threat of force or violence or the sale of druac or sexual abuse within the past • Drafter's Note. Deleted text is shown then. Inserted text is shown 11M. C:\MyFilc.i\Council\Orditiniiccs\2005-011 FINAL subst as omended,wpd 7 • Substitute by Councilman Schnitzler Passed as Amended five(5)years or of the municipal ordinance violation of leaving the scene of an accident or failure to report an accident or any violation of this article or has had a permit issued under this article revoked within the past two(2) years. E. Whenever an applicant has outstanding judgments against him for damages resulting from the negligent operation of a vehicle, F The applicant has had u previous permit to operate a vehicle for hire service suspended or revoked in this or any other city or state, unless the Director finds that the cause of such suspension or revocation has been removed or is no longer applicable. G. Whenever the applicant fails to have-a current,lefferson City business permit or has not applied for a Jefferson City business permit concurrent with his application fora taxicab or limousine permit. H. The applicant has provided false or incomplete information on any application or has failed to complete any application. 3, The Director may, if he deems it to he appropriate,Live the Applicant an opportunity to correct any problem found prior to rejecting the application. 4. An applicant who has been denied a permit to overate shall not reapply for a permit to operate for a period of one year following the denial. Sum 34 62. famspeeflosm. nba shall be inalmetedmintinfly, within thi,ty (30) days Imic, to tim i3stiname of'anniantin' limme , . . • Drafter's Note: Deleted text is shown thm. Inserted text is shown thus. C:WyFiles\COuncilkOrdinancesQOO5.011 FINAL subst as amcnded.wlxl 8 • Substitute by Councilman Schnitzlcr Passed as Amended .. . 34.70 Vehicle Permits, Inspection Every vehicle used for transporting passengers in a taxicab business must have a ep rmit issued ft the Director. Vehicle permit shall only a r� anted after on inspection as set out in this section. In addition to a other vehicle Inspections required ft law,each vehicle governed ft this article shall F►c sub ect to an annual inspection, All inspections shall he conducted ht a mechanic authorized b the State of Missouri to perform motor vehicle Inspections Lor such other ep rson approved by the Director) and shall consist of the following: 1. All taxicabs and limousines shall be inspected for rp open markings, display If information, and the following: A. Exterior.Headlights taillights. brake lights. directional signal light& license plate lights. windshield vent laa sses, windshield wipers, all • to her veh cle la ass.glass window raisers, doors and door locks,trunk !id trunk hood. and interior door handles exhaust s sy teal,splash shields hubcaps bumpers fenders hodv and tires shat ire inspected Lo ascertain that each is functioning properly. There shall ILe po tears o_r rust holes tn,the vehicle body and no loose pLqce.s such as fenders. bumpers or trim hanging from the vehicle hodv.There shall he no unrepaired body damage which would create a s fet problem or interfere with the operation oft the vehicle. B. Interior.The rear view mirror, steering wheel, foot brakes,parking brakes. seat bets and air conditioning and heating s ste ms shat tic Inspected to ascertain that each is functioning properly, The upholstery. floor m_ RI&head lining.door ap_nels and the trunk compartment sWll he inspected to determine whc her LLey are clean. free of tears, and that the trunk as sufficient space for passengers' u ava c C The taximeter shall have a current Department of Agriculture seal and sticker Indicating that it has been properly calibrated. • Dmlicr's Note: Deleted text is shown time. Inserted text is shown fl M. C:\MyFiles\Council\Ordinanccs\2005-011 FINAL subst as amended.wpd 9 I • Substitute by Councilman Schnitzler Passed as Amended 2 The report of inspection shall be on a form promulgated by the Director. 1 The vehicle shall not be operated as a vehicle for hire until it successfully passes inspection-,provided that the Director, in his discretion for a period not to exceed fifteen (151 days, may allow the continued use of a vehicle for hire which substantially complies with the inspection requirements, 4 Nothing herein shall prohibit the random Inspection of vehicles for hire by the Director or police department where possible violations of this article or other violations of law regarding the condition of vehicles for hire are evidenced by visual inspection. 5. Denial or suspension of a vehicle permit may he appealed pursuant to the provisions of the City Code,or if no such provisions have been established, then the Director shall establish such appeal procedures. 34-71 Vehicle,Condition and appearance: identification. • 1, Vehicle to he kept in safe and operable condition: All taxicabs shall he kept in a thoroughly and mechanically safe operating, condition complying with all of the safety requirements of this Code and other ordinances of the city and state law. 2. Vehicle and driver appearance: A. Every permit holder shall maintain his vehicles in a clean serviceable condition and in adequate repair. All permitted vehicles,except minivans, shall have two(2) doors affording direct entrance and exit to and from the passenger compartment. The interior of each vehicle shall he cleaned and vacuumed at the beeinnina of each driver's shift and shall he maintained in a clean condition, free of forcian matter and offensive odors.There shall he no litter in the vehicle or trunk and the seats shall he kept clean and without holes or large wear spots. The exterior of each vehicle shall he washed at least once each week. 1, Taxicab color schemes and markings, L Each taxicab business permit holder shall adopt a distinctive and Dmfter's Note: Deleted text is shown Om. Inserted text is shown jim. C:\MyFiles\Council\Ordinances�005.011 FINAL subs[as amendedmpd 10 • Substitute by Councilman Schnitzler Passed as Amended uniform color scheme and company name, loco or insignia and shall display the some name, logo or insignia and color scheme on each vehicle permitted. Each taxicab shall bear on the outside on each side in letters at least two (2) inches but not ereater than six (6) inches high the name of the company, the business phone number of the company, and a number assigned by the company identifying that particular vehicle. Each taxicab operated by the same permit holder must have Identical information displayed to the public. B It shall he unlawful for any vehicle other than one operated pursuant to a valid permit to display any markings suggesting or indicating it is a taxicab or limousine. Whenever a vehicle operated as a taxicab or limousine is removed from service, the permit holder shall remove or obliterate all markings sueaestinc It is a taxicab or limousine. 4 Driver dress and uniforms. While on duty, all drivers governed by this article must be neat and • clean In dress and person. Each permit holder shall require every driver of a vehicle permitted to him while on duly to wear a shirt,jacket. vest, hat or other clothing article of uniform color and style with the permit holder's company panic or logo clearly printed upon It which Identifies the driver as a driver for the permit holder. Sec. 34-94. Insurance requirements. A. Every holder of n ep rniit to conduct the operations of a taxicab business within the city shall at all times during the course ol'such operations have on file and approved by the Director of Finance a certificate of public liability and property damage insurance covering each motor vehicle being operated in such taxicab business by the holder ofthe certificate ofconvenience and necessity, in the minimum amounts of Sixty T o nd and no/100 Dollars ($611,11011.00) for injury or death to any one person, SJgly Thousand and no/100 Dollars ($60,000.00) for injuries or deaths from • Drafter's Note: Deleted text is shown than. Inserted text is shown Ili. C;\Mypilcs lCouncillOrdinanccs\'-)005-0I I pINAI,subst as amendecimptl I 1 • Substitute by Councilman Schnitzler Passed as Amended any one accident and Sixty Thousand and no/100 Dollars ($60.000.00) (S}6,609.00) property damage for any one accident. B. The following endorsement shall be attached to each certificate of insurance required by this section: "The policy to which this endorsement is attached shall not expire, nor shall the cancellation,revocation or suspension thereof take effect, until after ten (10) days'notice in writing by the company or insurer shall have first been given to the f3thecto, oFeumnitmity Bemlopinmit Director of Finance of the City of Jefferson, Missouri, in care of the City Hall Building,Jefferson City, Missouri, said period often (10) days' notice to commence to run from the date that notice is actually received at the office of the Director. "Attached to and forming a part of Policy No, covered by Certificate of Insurance NO. issued by to • "A certificate of insurance shall not be accepted unless the policy of insurance underlying the certificate shall have been issued for a minimum period of six months." (Ord. No. 9556, § (35-7), 12-1-80; Ord. No. 11904, § 4, 5-17-93; Ord. 13600, §15, 9-2-2003) 13 67V See. 34,V Transfer. A permit Lo operate a taxicab business taxicab business shall not be transferred or assigned., pt opund is anAiei cc shal I !its! file thei,joint f1pplicatiul, Mith tIM Dil"tol Ofeul 1111 Atli I a ty Developmrit ofthe city seeking tile approval and pennissiuss uFatmh dia"ta, to makie stich A certificate of convenience and necessity may he transferred L the successor agrees In writing to chide k all of the conditions of the original certificate. (Ord. No. 9556, § 1(35-6), 12-1-80; Ord. No. 11904, § 4, 5-17-93; Ord, 13600, §15, 9-2-2003) q�f -eV See,34-M. Revocation. Upon notice and hearing, the 131hecta, of eannntinity Bevelujimmit Director of Finance may revoke a certificate of convenience and necessity, or a permit tooperate a taxicab • Drifter's Note: Deleted text is shown fl m. Inserted text is shown flm. C:\MyFiles\Council\Ordinanccs\2005-011 FINAL subst as nmended.wpd 12 • Substitute by Councilman Schnitzler Passed as Amended business for the failure of a cettifint.holderr operato r to show adequate cause why the certificate of convenience and necessity or ep rmit should not be revoked for any of the following reasons: A. Failure to conduct the taxicab business fir a period of thirty(30)days or longer. B. Violation of this Code or any ordinances of the city or statutes of the state. C. Employment of unlicensed taxicab drivers. D. Operation of taxicabs without insurance on file as is prescribed by this article. E. Failure to charge the rates for taxicab service as are prescribed by this chapter. F. Aiding, abetting or assisting the promotion or advancement of any illegal activity, affair or business. G. Failure to maintain Uhours of operation sg forth it the application or • failure!o have id s A three operable four door vehicles, (Ord. No. 9556, § 11(35-5), 12-1-80; Ord. No. 11904, § 4, 5-17-93; Ord. 13600, §15, 9-2-2003) -7S $ ' Sees.34 JW-34.97. Reserved. DIVISION 3. RATES AND CHARGES Sec. 34-98. Established. It shall be unlawful for any person engaged in the operation of a taxicab business under a certificate of convenience and necessity within the limits of the city, to charge a rate either less or greater than follows: A. A charge of One and 60/100 Dollars ($1.60) for first one-tenth mile. B. A charge of nineteen cents ($0.19) for each additional one-tenth mile. (Ord. No. 13081, §1, 7-17-2000) C. A charge of twenty-five cents($0.25) for each additional passenger. D. A charge of eighteen dollars($18.00) per hour waiting time. • Dmiler's Note: Deleted text is shown tMn. Inserted text is shown Jam. C;\Myfiles\Council\Ordinances\2005.011 FINAL subst as srnendecimpd 13 • Substitute by Councilman Schnitzler Passed as Amended E. A charge of five dollars and no cent ($5.00) minimum on all deliveries. F. A charge of twenty-five cent($0.25) for each piece of luggage or bag of groceries that driver is required to load and/or unload, after the first two bags, not to exceed two dollars and fifty cents($2.50) extra pre per trip. G. All extra stops shall be charged at the meter wait time rate. (Ord.No. 9556, § 1(35-10), 12-1-80; Ord. No. 11538, § 1, 3-7-91; Ord. No. 12849, §2, 11-16-98) Sec. 34-99. Application for increase. Upon application for an increase in the rates of fares which might lawfully be charged the public within the city, the city council shall hold a public hearing and hear evidence bearing on the reasonableness of the present fare and the proposed fare. The council may deny an increase in the rate of fare to be charged by taxicab companies, or the council may authorize the total increase, or any part thereof, in the rate of fare sought by applicants. The decision of the council shall be final. (Ord. No. 9556, § 1(35-11), 12-1-80) • Sec. 34-100. Display of rate schedule. Every taxicab being operated within the city limits shall have displayed in a prominent place within the passenger compartment of such vehicle a schedule showing the rate of fare authorized to be charged by this article, and no further or different charges than those authorized by this article shall be charged. (Ord. No. 9556, § 1(35-12), 12-1-80) Sec.34-101.Taxicab ureters. Each taxicab used in the operation of taxicab business shall be equipped with a fare meter, designed and constructed to clearly and accurately register the exact mileage traveled by the taxicab on each transportation movement and equipped to clearly and accurately register the exact fare to be paid for use of such taxicab by one passenger at all times while such cab is in motion and upon arrival at the point of destination. 'file fare meter$agshall be turned to-the "down" position oar at the time such taxicab departs from the point of origin with a passenger and shall be kept in oA until the point of destination is reached, at which time the taxicab driver shall stop the rn eter. (Ord. No. 9556, § 1935-13), 12-1-80) • Drafter's Note: Deleted text is shown thin. Inserted text is shown thus. C:\MyFilcs\Council\OrdinancesUO05.011 FINAL subst as antended.wpd 14 • Substitute by Councilman Schnitzler Passed as Amended DIVISION ,,14.'DRIVERS' PERMITS Sec. 344331112. Required. No person shall drive a taxicab within the city limits, unless such person fins in his possession a currently effective and valid taxicab driver's permit which has been issued as provided in this division. (Ord. No. 9556, § 1(35-15), 12-1-80) Sec. 34-434103. Employer's Taxi Business Permit Holder's responsibility. No person, other than the holder of a taxicab driver's permit, shall be cmpicrgeci allowed by any person engaged in the operation of a taxicab business within the city to operate or drive a taxicab within the limits of the city. (Ord. No. 9556, § 1(35-16), 12-1-80) See.34-435104. Application and issuance procedure • A. Any person desiring to obtain a permit to operate a taxicab within the city shall file an application with tllc Birecto, oFecrinnanity Bevdvpnient Director of Finance on a form to be provided, by tine Director of Finance, to obtain a permit to drive a taxicab and concurrently pay al application 11ce of five dollars($5.00) to the director. The application form shall require the applicant to furnish file full name, Social Security umber Driver's Licence Number, residence, places of residence for the preceding five-year period, sex, age, color, height, color of eyes and hair, place of birth, marital status, length of residence in the city, citizenship and nationality, places of previous employment, and whether such applicant fins been previously licensed as a chauffeur and, if so, whether such license has ever been revoked and, if so for what reason. Such applicant shall both sign and swear to the truth of the contents of the application. Applican t shall submit-4 criminal history report from the Missouri State Highway Patrol and certified gm of him drivine record from ft Missouri Department of Revenue. B._No application shall be accepted unless it is accompanied by p certificate or other poblic record showing that he applicant hog been!ULCd and passed drug nd Ica ohol screenine I t least equal to ft screenine requirements set by t e United 51A10 Department of Transportation or motor carrier drivers with respect to the number and types of drugs or controlled substances tested, which certificate must have been issued no more than five days prior to t e date of ap lip cations $C. • DmIler's Note: Deleted text is shown thm. Inserted text is shown thos. C:\MyFilcs\Council\Ordinances\?005-01 I FINAL subst as amended.wpd Is • Substitute by Councilman Sclmitzler Passed as Amended The director may require the applicant to demonstrate his skill and ability to operate safely a motor vehicle and to pass a physical examination showing that such applicant has average eyesight and hearing. Upon completion of the investigation, physical examination and driving test, if the ehectot afemurntmit, f3mclujilimit Director of Finance concludes that the applicant is suitable and qualified to drive a taxicab, the director shall issue the applicant a taxi driver's permit, e Section 34 Qualifieations. Fwgry applicant fob it driver's certificate shall: • �1� gt least eighteen u years of�pt�hg time of application, fn ire able to read the English language su ficient 4o read s_ tree!liens and o er to p vehicle. 01 Os clean and neat in dress and ep rson• rid s t addicted to t e use of intoxicating JLqgor or-drugs. W Have p general reputation for Integrity, responsibility, rood moral character asp law abldina citizen, J&POSSCSS p valid Missouri chauffeur's license. W Have pt least one s-ear's ex erlencc as p driver of moto r vehicles, and al least sixty JAO days' experience operating mn otor vehicle over the streets of the city, U7 Not have been convicted of•glcad gq ilty moo,o1r Ip ead no contest" regardless of whether sentence wa8 Imposed: a. any felony,within the last ffive IS years,p material el men If 31high Involves fr" dishonesty t e use of p-r-threat of violence,oa stealing. • Drattcr's Note: Deleted text is shown than, inserted text is shown HM. C:\Myriics\Council\Ordinances\?005-01 I FINAL subst as nmended,wpd 16 • Substitute by Councilman Schnitzler Passed as Amended b, Any misdomeanor,Infraction,or ordinance violation within the last two u ey ars. a material clement of wh ch involves fraud,dishonest y.the use of or threat of violence. 1!!� possession, sale.or selling of illegal drugs,or stealing. c. Any offense nvolvin the operation of motor vehicle while under the influence of alcohol or dru s within the last twelvR L2, months, or more than ones such offense d rim the last five(five) years. d. More than Iwo convictions within the last hvo years for any moving offense. e. Any offense which would, if convicted in Missouri, cause the applicant to he required to register as a sexual offender. IDL, Sey� Sec.34-4%.3M'-Renewal. On or before the first day of July of each year each holder of a taxicab driver's permit shall apply to the Director of Finance far an annual renewal of • such permit and pay a renewal fee of five dollars(55.68) Tern dot rs 1($ 0.00). The Bireetorof rector of Finance shall then issue a taxicab driver's permit authorizing the holder thereof to operate a taxicab within the city until June 30 of the subsequent year if the applicant, at the time he seeks renewal of the permit is sought, holds a currently clTective taxicab driver's permit previously approved, which permit has not been revoked or suspended. No application for renewal shall—bq accepted unless)t is accompanied ihy; 1. a certificate or other public record shown that the applicant has been jukd and passed drug and alcohol screenin1 at least LquplLofte screening requirements sel by tie United a1do Denartment-of Transportation Lo_r motor e r icrdrivers with es ec Lo fl Le number and types of drugs or controlled substances tested, whic h certificate must have been hwd rho more Man Pve days gLioX to t e date of application. I a criminal history report from the Missouri State Higgliwa Patrol it nd ce i ed cony of his dr vin record from the Missouri Department of Revenue, (Ord. No, 9556, § 1(35-18), 12-1-80; Ord, No, 11904, § 4, 5-17-93; Ord. 13600, §15, 9-2-2003) 101 # Sec.34-ff7,jAjr Display. • Drafter's Note: Deleted text is shown this. Inserted text is shown Jim. C:\MyFites\Council\Ordinances\2005.011 FINAL subsl as amcnded.wpd 17 • Substitute by Councilman Schnitzler Passed as Amended The holder of a taxicab driver's permit shall have such permit prominently displayed in the taxicab operated by hitn at all times such taxicab is in operation. (Ord. No. 9556, § 1(35- 9), 12-1-80) 109 1 Sec.34-0914:?Revocation of suspension. A. The Director of Finance may revoke the permit of any taxicab driver if the holder thereof is convicted of a violation of provisions of this Code or any city ordinance regulating the operation of motor vehicles while in motion,drunkenness or any matter involving moral turpitude, or if, after a public hearing as provided in subsection (b), any taxicab driver is found to be mentally,physically or morally unfit or unsafe to operate a taxicab within the city. B. Upon conviction of the holder of a taxicab driver's permit for any reason stated in subsection (a), or if a complaint shall be filed with the Director of Finance against the holder of a taxicab driver's permit alleging that the holder of the permit is mentally, physically or morally unsafe or unfit to operate taxicab within the city, the Director of Finance shall set a day for the hearing on the revocation of the permit of such taxicab driver and cause the holder of the permit to be served a • written notice stating the time and the place of such hearing and the offense charged against the holder ofsuch permit,and ordering the holder of the penmit to appear at such hearing to show cause why the permit to operate a taxicab within the city should not be revoked. Ii; at the hearing, if should be proven that the holder of such taxicab driver's penmit has been convicted ofany offense mentioned in subsection A, or if it shall be proven by competent evidence thus the holder of the permit is mentally,physically or morally unfit or unsafe to operate a taxicab within the city, taking into consideration generally the health, safety and welfare of the residents of the city, the Bireeto, Director of Finance may either revoke and cancel the penmit or suspend the pen-nit for a period of time not to exceed ninety(90)days. Failure of the holder of the permit to appear at the hearing shall be deemed an admission of the validity and truthfulness of any charge contained in the notice of hearing. The Bit ecto, oF eunnnonity Bmicipment Director If Finance may suspend a permit, pending a hearing on revocation, if the holder is charged with violation of any provision of this Code or any ordinance specified in subsection A. (Ord. No. 9556, § 1(35-20), (35-21), 12-1-80; Ord, No. 11904, § 4, 5-17-93; Ord. 13600, §15, 9-2-2003) _ C. In the event that a licens e or ep rnrit fj suspended, t c Directo r Ma g such conditions as M or she deems appropriate for reinstatement, w MV- 34 Aj#Accident Notification. • Drafter's Note: Deleted text is showtt than. Inserted text is shown f us. C:\MyFiles\Council\Ordiaances\2005.011 FINAL subst as aniended,wpd 18 Substitute by Councilman Schnitzler Passed as Amended In the event any taxicab driver, while operating g taxicab, is involved in a traffic accident Involving injury to gny person, regardless of rA fni said driver shall within 12,hours of such accident a cludin hie pgriod between 5.00 p.m, on Friday and 8:00 a.m. on Monday) o certifleate or other public record showin that the applicant has been tes gd and passed drug and Icoho screening At least equal L the screening requirements sM ft the United States Department of Transportation fo_r moto r c rrier drivers with respect to the number amity C5 of drugs pr controlled substances tested,which certi cate must have been issued no mare than hours after the time of the accident. Failure i_q submit such documentation within the time VLr—loA required shall automatically cause hoc driver's ep rmit to be suspended. • • Drngcr's Note: Deleted text is shown than. Inserted text is shown thus. C:i Myriles\Council\Ordinancesk2005.011 FINAL subst as amended.wpd 19 • Substitute by Councilman Schnitzler Passed as Amended Section $. This Ordinance shall be in full force and effect from and after the date of Its passage and approval. Passed:. file&& Approved: lO Presiding Officer Mayor ATTEST: APPROV S T FORM: A k Clty Couns for vwak(ar 61 4eYesfi s-ur�G/ l DrnQer's Note: Deleted text is shown ttma. Inserted text is shown 1 u. C:\MyFiles\Council\Ordinanecs\2005-011 FINAL,subst as amended.wpd 20