HomeMy Public PortalAbout028-2017 - General Ordinance amending Chapter 119-TaxicabsORDINANCE NO. 28-2017
A GENERAL ORDINANCE AMENDING CHAPTER 119
OF THE RICHMOND CITY CODE
WHEREAS, Chapter 119 of the City of Richmond Code regulates the operation of
Taxicabs and taxicab companies within the City; and
WHEREAS, it is desirable to update said Chapter to provide for the safety and well-
being of the citizens of and visitors to the City of Richmond.
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Richmond, Indiana that the following sections of Chapter 119 of the City of Richmond
Code shall be amended to read as follows:
SECTION
119.01 Definition
119.02 Regulations Applicable
119.03 License Required
119.04 Application for Licenses
119.05 Mechanical and Safety Inspections
119.06 License Fees for Vehicles
119.07 Issuance and Display of Inspection Emblem
119.08 Permanent Office Required
119.09 Adding Vehicles to Fleet
119.10 Soliciting Fares
119.11 Parking Taxicab
119.12 Use of Alcoholic Beverages or Controlled Substances
119.13 Taxicab Driver's License
119.14 Application for Driver's License
119.15 Convictions of Driver Applicant; False Statements
119.16 Revocation of Driver's License for Conviction
119.17 Liquor Violations
119.18 Lost Articles
119.19 Information to Passengers
119.20 Baggage
119.21 Passenger Violation of Law
119.22 Passenger Refusing to Pay Fare
119.23 Disabled Taxicab
119.24 Rate Card Posted
119.25 Liability Insurance
119.26 Taxicabs to be Clean
119.27 Revocation of License
119.28 Fare
119.29 Transfer of License
119.30 Markings
119.31 Fines and Removal of Taxicabs from Service
119.01 DEFINITION
For purposes of this chapter, the following definition shall apply unless the context
clearly indicates or requires a different meaning.
"TAXICAB" - Every motor driven vehicle used within the City for public hire and carrying
passengers for hire, along or over public streets in the City, the destination or route of
which is under the direction of a passenger transported therein. This shall include any
shuttle or limousine service operated within the City.
119.02 REGULATIONS APPLICABLE
No person shall drive, stand, or park any taxicab on any street except in accordance
with the conditions established by this chapter.
119.03 LICENSE REQUIRED
No person shall operate a taxicab service on any street in the City without first securing
a license to do so.
119.04 APPLICATION FOR LICENSES
(a) Any person desiring to operate a taxicab service shall, before providing the
service, file with the City Clerk a written signed application for a license,
sworn to by the applicant, which application shall show the following:
(1) The name of the person, partnership, firm, or corporation desiring the
license; if a firm, the full names of each of the partners;
(2) The place of residence and principal place of business of the applicant;
(3) That the applicant intends to and will, if issued a license to do so, operate
The taxicabs as shall be necessary in the service and that he owns and is
the sole owner of the described taxicabs, and intends to and will operate
the taxicabs in such service;
(4) The age, sex, and the residence of each person who will drive a taxicab
For the applicant;
(5) The make, model, and serial number of each vehicle which will be
Operated by the taxicab service; and
(6) The location and address of the office of the applicant.
(b) Each taxicab to be operated within the City must be licensed annually. The
License shall be issued by the City Clerk after payment of a fee and
presentation of proof of insurance and mechanical inspection as required by
this chapter. The license shall contain the make, model, and serial number of
the taxicab and shall have four spaces for a member of the Traffic Division of
the Richmond Police Department to certify that the taxicab has passed the
safety inspections required by this chapter. Each license shall be valid for the
calendar year and must be carried in the taxicab at all times. A taxicab license
shall be revoked upon failure to pass any inspection required by this chapter,
and may not be reissued until a member of the Traffic Division of the
Richmond Police Department certifies that the taxicab in question has been
satisfactorily repaired and /or any substandard conditions corrected.
119.06 MECHANICAL AND SAFETY INSPECTIONS
(a) In addition to providing an application properly executed, each applicant shall
present a Certificate Mechanical Inspection for each taxicab, to be provided
by the City Clerk's, certifying that each of the applicant's vehicles has been
inspected by a mechanic licensed by the State of Indiana and found to be
mechanically safe. Said mechanic must be certified by the National Institute
for Automotive Service Excellence, or ASE, and must be certified as either a
Master Technician or have certifications in the areas of A-4 (Suspensions
/Steering), A-5 (Brakes) and A-6 (Electrical Systems). Each taxicab must
pass such an inspection annually before a license will be given to operate
said taxicab.
(b) Each taxicab shall be inspected for safety a minimum of four (4) times each
year at times designated by the Traffic Division of the Richmond Police
Department. It shall be certified on the license for each taxicab that the
taxicab was inspected by a member of the Traffic Division of the Richmond
Policy Department. In order to pass this safety inspection, each taxicab must
be inspected by a member of the Traffic Division of the Richmond Police
Department and found to be:
(1) Equipped with safe tires;
(2) Equipped so that all its operating and functional parts are in proper
Working order;
(3) Equipped with any additional necessary safety devices such as hand
brakes, rear view mirror, turn signals, safety glass, horns, and so forth;
(4) In a clean and sanitary condition;
(6) Equipped with seats and interior in a good state of repair so as not to
cause injury or damage to any passenger or his property; and
(7) Clearly marked as required by this chapter.
(c) Failure to present the taxicab license upon request by a member of the Traffic
Division of the Richmond Police Department shall subject both the driver and
the taxicab company to fines as set forth in this Chapter.
(d) Each taxicab shall at all times be subject to random inspections by the
Richmond Police Department to insure compliance with the provisions of this
chapter.
(e) Each taxicab must at all times be maintained in a safe condition as set forth
above. Should any taxicab fail to meet these criteria at any time, it shall be
immediately removed from service until properly repaired by a licensed
mechanic and re -inspected by a member of the Traffic Division of the
Richmond Police Department. Failure to meet these criteria shall subject the
taxicab company to fines as set forth in this Chapter.
119.06 LICENSE FEES FOR VEHICLES
The applicant, on presentation of the application to operate a taxicab service and of a
certificate of mechanical inspection for each taxicab, shall purchase a license for each
taxicab covered by the application from the City Clerk. The license fee for each taxicab
for the calendar year shall be $100.00. This fee must thereafter be paid annually and
must be presented with a certificate of mechanical inspection and the properly certified
license from the previous year. This fee shall be pro -rated on a monthly basis for any
taxicabs brought into service during the calendar year.
119.07 ISSUANCE AND DISPLAY OF INSPECTION EMBLEM
Upon presentation of a valid taxicab license for each vehicle, the Traffic Division of the
Richmond Police Department shall issue to the applicant an appropriate emblem
certifying inspection for each vehicle, as required by this chapter. The emblem shall be
valid for the quarter in which it is issued, shall be displayed in the interior left hand
corner of the rear window, and shall be re -issued quarterly upon inspection as required
by this chapter. The emblem certifying inspection on each licensed taxicab shall not be
removed from the rear window except by a member of the Traffic Division of the Police
Department. (Ord. 51-1998)
119.08 PERMANENT OFFICE REQUIRED
No license shall be granted to any person to operate any taxicab unless the person has
a permanent office from which to control and regulate the operation of his taxicabs.
119.09 ADDING VEHICLES TO THE FLEET
(a) No additional vehicle shall be added to or used by the holder of any license
Until he has first reported the addition to the City Clerk, made application for a
license for the additional vehicle, paid the required fee, presented proof of
insurance and mechanical inspection as required by this chapter, and
received the license and an inspection emblem.
(c) In the event of an emergency wherein extra taxicabs would be necessary
for the transportation of passengers and subject to the approval of the City
Clerk, temporary operating permits, good for seven days from and including
the date of issuance, may be issued to the applicant on the proper application
for and on the payment at the time of application of a fee of $10.00 for each
temporary operating permit. This temporary operating permit shall apply only
to taxicab operators having already secured the regular City license for
operation of a taxicab service, provided that each vehicle has been properly
inspected as required by this chapter.
(d) In the event of any disaster or emergency such as flood, riot, war, evacuation
Or any catastrophe, the City Clerk shall have the right to suspend the
foregoing requirement for a temporary operating permit during the
emergency.
119.10 SOLICITING FARE
(a) The driver of any taxicab shall not seek employment or patrons by repeatedly
and continuously driving his taxicab to and fro along a street which any
theater, hotel, railway station, or other place of public gathering is located,
and shall not in any other manner obstruct or impede traffic in any of the
streets, alleys, or public places of the City. A driver of a taxicab may solicit
employment by driving through any street or public place without stopping, at
such speed and in such manner as not to interfere with or impede traffic, and
may pass and re -pass any theater, hotel, railway station, or other place of
public resort or public gathering in the pursuit of the ordinary business of
conveying passengers along and on the public streets or other places.
(b) The driver of a taxicab shall not request or solicit persons to take passage in
the taxicab when the persons are waiting to take passage on a City bus at a
regular loading point, nor shall a driver of a taxicab drive in between a City
bus which has stopped for the purpose of taking on passengers, and the curb
adjacent to the bus or stop immediately in the rear thereof, for the purpose of
soliciting passengers into the taxicab while the City bus has stopped to take
on passengers.
(c) A taxicab driver shall not solicit passengers for a public taxicab on the streets
and public places in the City by out -cry or the blowing of a horn except that at
a railroad station the operator may solicit by word-of-mouth while within ten
feet of his cab. Penalty, see 10.99
119.11 PARKING TAXICAB
No person driving a taxicab or operating a taxicab business shall stand, park, or permit
the parking of a taxicab on any street with or without a driver, for a longer period than
five minutes at any one time, unless the taxicab has been engaged and is under the
direction of a passenger engaging the taxicab or unless the taxicab is standing or
parking at a designated taxicab stand. Penalty, see 10.99
119.12 USE OF ALCOHOLIC BEVERAGES OR CONTROLLED SUBSTANCES
No person shall drive a taxicab while intoxicated, or while consuming or having been
consuming any alcoholic beverages. No operator of a taxicab business shall permit any
person who is intoxicated, or who has been consuming alcoholic beverages or has the
smell or odor of alcoholic beverages on his breath to drive a taxicab. The same shall
apply to the use or possession of any controlled substance. A violation of this section
shall subject both the driver and the operator of the taxicab service to fines as set forth
in this chapter.
119.13 TAXICAB DRIVER'S LICENSE
No person shall drive a taxicab within the City without first securing a license from the
City. The license shall be carried on his person while driving a taxicab. The fee
payable on the issuance of the taxi driver's license shall be $15.00 for each driver's fee
for the first year and $10.00 per year thereafter. Penalty, see 10.99
119.14 APPLICATION FOR DRIVER'S LICENSE
Every person desiring to drive a taxicab in the City shall, before undertaking to do so,
file with the City Clerk an application in writing for a taxicab driver's license, sworn to by
the applicant and including the following:
(a) The name and address of applicant
(b) The address of each place of residence of the applicant during the three
years prior to the date of the application
(d) The place of employment, the kind of employment, and the name of each
employer of applicant for the two years immediately preceding the date of the
application
(d) The age and sex of applicant
(e) Applicant's experience in general motor vehicle operation
(e) Whether or not applicant has ever been convicted in any court of any crime or
misdemeanor, and if so, the facts concerning each conviction
(g) Whether or not the applicant uses intoxicating liquors
(h) Applicant's state chauffeur license number
(i) On the face of the application, a certificate of the Police Chief that the
applicant has been examined as to his ability to drive a motor vehicle, the
traffic ordinances of the City, and the traffic laws of the state, and as to
conviction of any crime or misdemeanor and that in the opinion of the officer,
the applicant is a fit and proper person to receive a taxicab driver's license
119.15 CONVICTIONS OF DRIVER APPLICANT; FALSE STATEMENTS
(a) No taxicab driver's license shall be issued to any applicant who has been
convicted of a crime of violence felony, or who has been convicted of a
misdemeanor at any time within a period of two years prior to the date of the
filing of his application, or who has three or more times been convicted of a
misdemeanor, except overtime parking violations. The Police Chief and the
Mayor may, nevertheless, issue a license where there has been a conviction
of a misdemeanor or misdemeanors as hereinbefore set out, if in their opinion
the issuance of the license would not be detrimental to the safety or welfare of
the traveling public. Any taxicab driver's license shall be revoked if the license
was obtained by a false statement, either voluntarily or involuntarily, made in
the application, and the driver may be fined as provided in 10.99.
(b) The operator of a taxicab business shall not knowingly hire any person as a
driver or permit any person to drive any taxicab in his service who has been
convicted of a crime of violence, or who has been refused a permit pursuant
to this section. Penalty, see 10.99
119.16 REVOCATION OF DRIVER'S LICENSE FOR CONVICTION
(a) If a taxicab driver is convicted of a felony, his license shall be immediately
and automatically revoked. If he is convicted of a misdemeanor he shall
surrender his license to the Police Chief and that license shall be immediately
and automatically revoked. No new license shall be granted within a period of
two years thereafter, except a license may be renewed on the approval of the
Police Chief and the Mayor if they find that the issuance or renewal of the
License will not be detrimental to the safety or welfare of the traveling public.
(b) The operator of a taxicab business shall not knowingly permit any person who
has been convicted of a felony or misdemeanor after the issuance of a
taxicab driver's license to the employee, whether the driver's license has
been revoked or not, to drive any taxicab in his service. Penalty, see 10.99
119.17 LIQUOR VIOLATIONS
If any person holding a license under this chapter is convicted of violating any provision
of the state liquor laws, the license shall be revoked and the person shall not be
granted a new license within three years of the date of the revocation.
Penalty, see 10.99
119.18 LOST ARTICLES
It shall be the duty of every person operating a taxicab business to promptly notify the
Police Department of any article found in any vehicle operated by him and give a
description of the article, and where it is kept and may be recovered so it may be
returned to the owner. Penalty, see 10.99
119.19 INFORMATION TO PASSENGERS
Every driver of a taxicab, on request by any person who is, or has been, or is about to
become, a passenger in the vehicle, shall give to the person his name, his taxicab
driver's license number, his state chauffeur's number, and the license number of the
vehicle. Penalty, see 10.99
119.20 BAGGAGE
Every passenger in any taxicab shall be allowed to have conveyed with him in the
vehicle, without charge, therefor, his ordinary light traveling baggage in an amount not
to exceed in weight 100 pounds.
119.21 PASSENGER VIOLATION OF LAW
Any passenger in a taxicab who violates any law, ordinance, or rule of the Board of
Public Works and Safety, may be ejected from the vehicle by the driver. If the
passenger has paid his fare in advance the driver shall return to him the unearned
balance of the fare.
119.22 PASSENGER REFUSING TO PAY FARE
It shall be unlawful for any person who employs any taxicab and who has been
conveyed therein to refuse to pay for the passage. Whoever, with intent to defraud the
owner or driver of any public vehicle, engages the vehicle shall be fined not more than
$75.00. Refusal to pay the lawful charge for carriage or absconding without payment or
offer to pay, shall be evidence of the intent to defraud.
119.23 DISABLED TAXICAB
In case any vehicle used as a taxicab becomes disabled for any reason, or there arises
a condition that the driver is unable to convey the passenger in whose employ the
vehicle may be at the time of the disability, and the disability cannot be remedied so that
the carriage of the passenger may be continued within 15 minutes, no fare shall be
charged or collected for any service rendered up to the time of the disability. If the
passenger elects to remain in the vehicle or continue the employment after the disability
is remedied, full rates for the distance or time traveled shall be charged as if no
disability had occurred.
119.24 RATE CARD POSTED
The operator of a taxicab business shall have printed on a card the maximum fare and
rate for transportation of passengers, together with the prevailing schedule of rates for
the taxicab. The card shall be prominently displayed in each taxicab so that it can
readily be seen and read by all passengers.
119.25 LIABILITY INSURANCE
No license shall be issued and no taxicab shall be operated on any street in the City
until there has been filed with the City Clerk an indemnity undertaking or policy of
insurance, executed by an insurance company authorized to execute the instruments in
the State of Indiana, and running for the year of the license to be issued to the
applicant, all subject to the approval of the City Clerk. The policy shall provide for the
payment of any final judgment that may be rendered against the insured for damages to
property or for bodily injury or death of passengers or other persons resulting from
collision or other accident for which the person may be found liable while operating the
taxicab described in the applications, in a sum up to $300,000 per accident.
119.26 TAXICABS TO BE CLEAN
Every taxicab shall be kept in as good a state of repair and in as clean and sanitary a
condition as on the date of the issuance of its certificate of inspection. The Traffic
Division of the Police Department may make additional and separate inspections of any
licensed vehicle at any time during the term of the license. If a taxicab is not in a good
state of repair or is not being maintained in a clean and sanitary condition, the Inspector
may order the operator to remove the vehicle from service until the conditions are
corrected. In the event that the vehicle is not immediately removed from service, the
Police Chief shall file a complaint with the County Court, for the revocation or
suspension of the license of the operator of the taxicab business. Penalty, see 10.99
119.27 REVOCATION OF LICENSE
(a) A license issued to any driver or operator of a taxicab business may be
Revoked or indefinitely suspended by the Board of Public Works and Safety
if:
(1) Any provision of this chapter is violated by any license holder whether
operator or driver;
(2) There is repeated or flagrant violation of any ordinance of the City or the
laws of the state regulating or controlling traffic on the streets of the City ;
(3) On report of the Police Chief it appears to the satisfaction of the Board of
Public Works and Safety that the vehicle so licensed is not properly
constructed, is not in good mechanical repair and condition, or is not a
safe conveyance for the transportation of passengers; or
(4) On it being shown to the satisfaction of the Board of Public Works and
Safety that any representation made by the licensee in the application for
the license is false.
(b) No license may be revoked or suspended until the Board of Public Works has
held a public hearing on the matter with the license holder receiving ten (10)
days written notice prior to said hearing. Notice shall be delivered to the
address on file with the City Clerk and may be hand delivered by a member of
the Police Department or sent by certified mail return receipt requested. The
City or Police Department shall have the burden of proof in any such hearing.
119.28 FARE
The operator of a taxicab business or the driver of any taxicab shall not collect as a fare
for the use of a taxicab owned or operated by him, a fee or charge of more than the
rate schedules approved by the Board of Public Works and Safety for any single and
continuous trip within the City. The operator or driver may charge for standing or
waiting
time at the rate as approved by the Board of Public Works and Safety.
119.29 TRANSFER OF LICENSE
(a) In the event a taxicab service is sold or transferred to a new owner, the
license to operate said taxicab service shall be transferred to the new owner
upon the following:
(1) the filing with the City Clerk of a written signed application to transfer
a license; and
(2) the payment of all taxicab license transfers fees as set forth in subsection
(b) The application to transfer a license to operate a taxicab service shall be
sworn to by the applicant and shall contain the following:
(1) The name of the person, partnership, firm, or corporation desiring the
license; if a firm, the full names of each of the partners;
(2) The name of the person, partnership, firm, or corporation transferring the
license; if a firm, the full names of each of the partners;
(3) The place of residence and principal place of business of the applicant;
(4) That the applicant intends to and will, if issued a license to do so, operate
the taxicabs as shall be necessary in the service and that he owns and is the
sole owner of the described taxicabs, and intends to and will operate the
taxicabs in such service;
(5) The age, sex, and the residence of each person who will drive a taxicab
for the applicant;
(6) The make, model, and serial number of each vehicle for which a license is
applied; and
(7) The location and address of the office of the applicant.
(c) All existing taxicab licenses shall be transferred to the new owner upon
payment of a $15.00 transfer fee for each vehicle. This fee must be paid
before any license will be transferred under this section. Annual license fees
shall thereafter be assessed pursuant to Section 119.06.
119.30 MARKINGS
(a) All taxicabs operated within the City of Richmond shall be clearly marked with
The name and phone number of the taxicab company on both the driver's
side and passenger side front doors in permanent lettering no smaller than
five (5) inches.
(b) Stretched limousines shall be exempt from this section.
119.31 FINES AND REMOVAL OF TAXICABS FROM SERVICE
Unless a section provides otherwise, any violations of this chapter shall result in a fine
in the amount of $250.00 being assessed against the taxicab company (and/or the
driver as authorized in this chapter). Any taxicab that is found not to be in compliance
with any of the provisions of this chapter shall be immediately removed from service and
may not be operated again within the City until such time as said taxicab is certified by a
member of the Traffic Division of the Richmond Police Department to be in full
compliance with this chapter.
Passed and adopted this,2 / day of 2017, by the Common Council of
the City of Richmond, Indiana. 61�--�
ie Lopeman)
ATTEST:
(Karen Chasteen, IAMC, MMC)
Vice President
P ENTED to the Mayor of the City of Richmond, Indiana, this �� day of
2017, at 9:00 a.m.
(Karen Chasteen, IAMC, MMC)
APPROVED by me, David M. Snow, Mayor of the City of Richmond, Indiana, this
day of , 2017, at 946-a:nr. C cn1AA
Mayor
ADavfd M. S w)
ATTES �ew�rk,
(Karen Chasteen, IAMC, MMC)