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HomeMy Public PortalAbout48B-2014 ORDINANCE NO. 48-B-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO REPEAL AND REPLACE ARTICLE VI, TAXIS AND VEHICLES FOR HIRE, FOR THE CITY OF TYBEE ISLAND, GEORGIA, WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to amend the Code pertaining to taxi cabs and vehicles for hire, and for other purposes, and WHEREAS, the City of Tybee Island desires to delete in its entirety Article VI rename and replace the same; NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances that the current Article VI is hereby repealed and renamed so that Article VI shall hereafter read as follows. SECTION 1 Article VI is hereby repealed in its entirety, renamed and it shall hereafter read as follows: Article VI: TAXIS AND VEHICLES FOR HIRE 34 -191. Title. This Ordinance shall be known as the "Taxicab/Vehicle for Hire License and Regulatory Ordinance" 34-192. Applicability of chapter. On January 1, 2015 and thereafter, the operating of taxicabs or vehicles for the transportation of passengers for hire within the City shall be subject to the conditions, regulations and restrictions contained in this chapter. When the term "vehicle", "operator", or other terms and definitions with common meaning are used in this section, it is to be limited to the conditions, regulations and restrictions in this Article and shall not have any application outside this Article. 34-193. Definitions. For the purposes of this chapter only, the following definitions apply: 1 (1) "Taxicab" or "vehicle for hire" shall be defined as any vehicle for transportation for hire for passengers and which is operated in the corporate limits of the City. The term includes, but is not limited to, any taxi, cab, taxicab, shuttle, tour service vehicle, vehicle offering shuttle and/or transportation services, motorized cart, personal transportation vehicle, pedicab or low speed vehicle that offer shuttle and/or transportation services . The terms "taxicab" and "vehicle for hire" shall be used interchangeably in this ordinance. (2) "Vehicle"means both motorized and non-motorized vehicles. (3) "Operate," "to operate," "operating in the City," or any similar term shall be defined as picking up or dropping off a passenger or any person within the City for a fee or fare, regardless of the originating point or eventual destination of the person. Notwithstanding the foregoing, this shall not include any taxicab licensed in another jurisdiction, located outside of a fifty mile radius from the City of Tybee Island, as a taxicab or vehicle for hire, or similarly licensed, who solely delivers or drops off passengers within the City of Tybee Island. (4) "Owner" means the one who holds the license to operate a taxicab or vehicle for hire. (5) "Transportation for Hire" means to transport at least one (1) person in a vehicle in exchange for money. (6) "Tour service vehicle"means a vehicle engaged in the business of carrying passengers for hire or offering to carry passengers for hire, through any part of the city where the primary purpose is touring and sight-seeing; including motor coaches which are operated as a part of special tours and are not operated as a part of a tour service licensed by the city; excluding limousines (as they are defined by the laws of the state) which are operated primarily as a transportation service vehicle and which conduct tours on a reservation basis only; provided, however, that nothing contained herein shall exempt the conduct of the tours by limousine from the provisions of this article as it pertains to the conduct of tours by tour guides. (7) "License" and"License for operation"means an occupation tax certificate. In this Article, License does not mean "operator's license." (8) "Vehicle for Hire/Taxicab Regulatory Decal" means the decal granted by the City for the privilege of operating a Vehicle for Hire or Taxicab within the corporate limits of the City of Tybee Island, issued upon the receipt of a regulatory fee, if any, and compliance with the requirements of the Vehicle for Hire ordinance. (9) "Taxi Stand"means a reserved area where taxis and vehicles for hire may be parked upon the streets and parking areas of the City of Tybee while awaiting hire. 34-194. License. (1) No taxicab, tour service vehicle or other vehicle for hire shall be operated on the streets of the City unless a license for operation (also known as an occupation tax certificate or business license)has first been obtained from the designated city official. 2 (2) In order to obtain a license, application must be made to the designated city official, containing the following information: (a) Name, address and place of business of the applicant. If the applicant is a partnership, the name, address and place of business of each partner or limited partner. If the applicant is a corporation, the name and address of each of the officers of such corporation and those shareholders holding 50 percent or more of the stock in the corporation, and the principal place of business of the corporation. (b) The trade name under which the applicant proposes to operate. (c) The maximum number and type of vehicles to be operated. (d) The name of any insurance or surety providing coverage to the applicant for operation of taxicabs or vehicles for hire. 34-195. Issuance of License. (1) The designated city official shall determine whether issuance of a license is appropriate and shall be approved or denied. (2) Each taxicab or vehicle for hire company, as a condition precedent to receiving a license to operate a vehicle, must have a physical fixed place of business located within Chatham County and comply with the provisions of this ordinance. If approved, and upon payment of the license fee or occupation tax, the license shall be issued. Any license issued is not transferable by the applicant. (a) If the license holder relocates or plans to move from the physical fixed address enumerated in this subsection, then the license holder shall notify the designated city official in writing within fourteen(14) days prior to re- location. (3) The applicant shall pay all annual regulatory fee(s) at a rate set by the Mayor and City Council, if the Mayor and Council shall so prescribe. (4) If the application for a license is denied by the designated city official, within thirty (30) days following the receipt of written notice of the denial from the designated city official, within thirty (30) days, the applicant may appeal the decision to the Mayor and Council. Mayor and Council shall consider Mayor and Council shall consider whether the designated city official abused his or her discretion in denying the applicant a permit. (5) Any license shall be valid for one (1) year, and thereafter any license holder will be subject to renewals, and upon renewal, the applicant shall comply with the terms of the ordinance as it exists upon the date of the renewal. (6) For every vehicle the applicant intends to operate as a vehicle for hire or tour service vehicle, the applicant shall submit the taxicab or vehicle for hire to the designated city official for inspection and for compliance with 34-211 of this Article. No vehicle shall be issued a decal until the vehicle has been registered and passed inspection. 3 (7) If a license holder has any information concerning any traffic citations, including but not limited to the operating a motor vehicle while under the influence of intoxicating beverages or drugs, or any information concerning a change in the qualifying status by any operator hired or otherwise employed or contracted by the licensee under this ordinance, then the licensee shall immediately notify the designated city official. 34-196. Suspension or revocation of license. Following notice to the applicant and hearing before the designated city official, a license may be suspended or revoked if it is determined that the application or other documents provided to the City are inaccurate or falsified or if a taxicab is found to be operating in violation of any provision of this chapter, the laws of the state or the United States or other law or ordinance of this City. The designated city official may further suspend or revoke a license or operator license issued hereinunder if it is determined that an unsafe vehicle is being operated as a taxicab or vehicle for hire or a vehicle has been operated in an unsafe manner. Within thirty (30) days of receipt by the licensee of a written determination by the designated city official revoking the license, the licensee whose license has been revoked may appeal to Mayor and Council of the City of Tybee Island. 34-197. Vehicle operators. No person shall operate a taxicab, tour service vehicle or other vehicle for hire within the City without having first registered with the designated city official, and securing an operator's license. (1) A vehicle operator must: (a) Be at least twenty-one (21)years of age; (b) Hold a valid Driver's license; (c) Submit to a criminal background check; (d) Submit a seven (7) year Motor Vehicle Record issued by the State; (e) Submit a form signed by a physician certifying physical fitness; and, (f) Any other requirement placed upon the operator of a motor vehicle by State law. (g) Submit any forms required by the City by state and federal laws pertaining to immigration status. (2) An applicant for an operator's license under this article must: (a) Not have physical infirmities which make said applicant unsafe or unsatisfactory as an operator of a vehicle for hire; (b) Not have been convicted of operating a motor vehicle while under the influence of intoxicating beverages or drugs within two years prior to the date of the application for such permit, or have been convicted of reckless driving within one year prior to the date of the application for such permit, or have been convicted of any of these offenses three or more times within three years prior to the date of the application for such permit. Nor shall a permit be issued to any person who has within three years prior to the date of the application for such permit been convicted of any crime relating to transporting persons for immoral purposes (prostitution, solicitation for prostitution, or any sex-related offense), or who has within three years 4 prior to the date of the application for such permit been convicted of, been on probation, parole, or served time on a sentence for a felony. A plea of nolo contendre to any of the offenses set out in this section shall be deemed a conviction; and (c) Be a citizen of the United States or an alien admitted for permanent who has otherwise been granted employment authorization by the United States Immigration and Naturalization Services. (3) Fees; Before any license is granted under this article, the following fee(s) shall be paid by the applicant: (a) Background investigation fee. A background investigation fee in the amount of$10.00 shall be paid by the applicant upon application being made and prior to issuance of license; (b) A current 7 year M.V.R. is required at the time of the application and renewal. This is the responsibility of the license holder; and (c) A regulatory fee of as defined in Section 58-179; Regulatory Fee Schedule. 34-198. lssuamicc of operator's license. (1) The designated city official, shall determine whether issuance of an operator's license is warranted. (2) The operator must maintain a valid driver's license to continue operating a vehicle for hire. In the event the operator's license is suspended or expires, any license issued pursuant to this chapter shall immediately expire and be revoked. (3) Operator licenses are non-transferable. Any operator license issued under this article is not transferable from one driver to another, and is to be used solely by the person to whom it is issued. Any licensed driver shall notify the designated city official prior to beginning employment with another company. An operator may not utilize his or her operator's license with more than one person or entity licensed to operate pursuant to 34-194, unless the operator has separate operator licenses for each person or entity licensed to operate pursuant to 34-194. (4) Duration of license. The driver's license shall be in effect for twelve (12) months from the date of issue. Licenses may be renewed upon application and payment of the required fee, for each twelve (12) month period thereafter, unless the license for the preceding period has been revoked or is suspended. (5) Photograph and Display of License. Before any operator's license is issued, the operator shall submit two passport style photographs to the designated city official. One photograph shall be attached permanently to the operator's permit for display in the vehicle at all times in which the applicant is the operator. The second photograph shall be filed for record by the designated city official. It shall be unlawful for any person willfully to alter, deface, obliterate, or destroy an operator's license or any notice displayed to passengers, or cause the same to be. 5 (6) If the licensed operator receives any legal citation for a moving violation or other traffic violation, including operating a motor vehicle while under the influence of intoxicating beverages or drugs, the licensed operator shall immediately notify the designated city official of such citation. 34-199. Penalty for operating without licensure. No vehicle shall be operated as a vehicle for hire upon the streets of the City unless such vehicle has been licensed under the provisions of this article for use as a vehicle for hire. The operator of any vehicle operating as a vehicle for hire without having a current valid operator's license for that vehicle shall be subject to a fine pursuant to Sec. 34-49. This paragraph shall not apply to a Taxicab or Vehicle for Hire licensed in another jurisdiction, located outside of a fifty mile radius from the City of Tybee Island, as a taxicab or vehicle for hire, or similarly licensed, who solely delivers or drops off passengers within the City of Tybee Island, and does not pick up and drop off passengers within the jurisdictional limits of the City of Tybee Island. 34-200. Operator identification. Each operator of a vehicle for hire in the City shall be issued an identification badge, with a photo I.D. which shall either be worn around the neck of the operator while working as a vehicle for hire operator, or placed in a conspicuous place on the front dash of the vehicle that the operator is operating. 34-201. Vehicle registration (1) If required by Georgia Law, prior to the use and operation of any vehicle as a taxicab under the provisions of this article, the owner of said vehicle shall secure and display on the vehicle a current Georgia license registration tag. (2) It shall be unlawful to operate a taxicab or vehicle for hire for transporting passengers unless the vehicle has been registered with the designated city official as available for use as a taxicab or vehicle for hire, and has affixed to it a taxicab regulatory decal, on the lower left portion of the front windshield, a sticker or other signifying marker, as so determined by the designated city official. If placement of the regulatory decal in this location is not feasible, the designated city official shall exercise discretion in determining placement of the decal. Violation of this section shall result in revocation of the applicant's license. 34-202. Vehicle Parking Location and Taxi Stands. Notwithstanding whether a vehicle for hire has a city parking decal, a vehicle for hire may not be parked on city property, including the roadways, parking lots and curbs for more than one (1) hour continuously, unless the driver is in the vehicle. At the discretion of the designated city official, vehicles for hire may be parked on city property for more than one (1) hour continuously during special events or when otherwise authorized by the designated city official. The designated city official shall have the authority to designate areas within the City of Tybee Island as Taxi Stands, subject to the limitation that one stand always be located within one hundred (100) feet of the Tybrisa/Strand traffic circle. Otherwise, taxi stand locations are subject to change, following ten (10) days written notice to all vehicle for hire companies that are then currently licensed under this ordinance. In addition, during the hours of 7:00 p.m. until 5:00 6 a.m., vehicles for hire may use areas within the City of Tybee designated as "Loading Zones" as a place to load and unload passengers, subject to the same rules and time constraints that are in effect for each loading zone. Vehicles for hire may not be parked in areas designated by signage as "Vehicle for Hire: No Parking Zone" or similar language. 34-203. Indemnification. Any taxicab, tour service vehicle or vehicle for hire operating under this article shall hold the City harmless against any and all liability, loss, costs, damages, or expense which may accrue to the City by reason of the negligence, default, or misconduct of the company or operator in connection with the rights granted to such company hereunder. Nothing in this article shall be considered to make the City liable for damages because of any negligent act or omission or commission by any taxicab, tour service vehicle or vehicle for hire operating under this article, its servants, agents, drivers, or other employees, during the operation by the company of a taxicab, tour service vehicle or vehicle for hire business or service, either in respect to injuries to persons or with respect to damage to property which may be sustained. 34-204. Liability insurance. (1) It shall be unlawful for any person to operate any taxicab, tour service vehicle or vehicle for hire upon the streets of the City unless the license holder shall, before the vehicle is placed in operation, file with the designated city official for each such vehicle a liability insurance policy for the injury of persons or property, a policy of indemnity insurance with an indemnity insurance company authorized to do business in the state for each vehicle in use as a taxicab, or a self insurance certificate issued under State guidelines and regulated by the Insurance Commissioner of Georgia. Proof of insurance shall be kept in the vehicle and on file at City Hall. The minimum insurance coverage for any vehicle for hire covered under this ordinance shall be in accordance with Georgia State Law applicable to all automobiles and/or motor vehicles. Such indemnity insurance shall inure to the benefit of any person who is injured or who sustains damage to property caused by the negligence of a taxicab, tour service vehicle or vehicle for hire company or the operator, whether servant, agent, or independent contractor. (2) Blanket Policy; Any company or person operating a vehicle for hire in the City shall give a separate policy of indemnity insurance or certificate of self insurance for each separate vehicle, except where such company or person actually owns or holds legal title to more than one vehicle, in which event, such company or person may give one policy of indemnity insurance or certificate or self insurance covering all the vehicles actually owned. This latter provision, however, shall not apply to any group of persons separately owning vehicles who may be jointly operating or doing business under a licensed taxicab, tour service vehicle or vehicle for hire company name. The vehicle for hire company is responsible for ensuring that individual persons operating vehicles under said license shall comply with all state laws and local ordinances governing insurance coverage. (3) Proof of the original indemnity policy required shall be on file with the designated city official. 7 (4) Each certificate of insurance submitted to the designated city official prior to the issuance of a license shall include, by endorsement to the policy, a statement that written notice shall be given to the City by certified mail thirty (30) days prior to cancellation or upon any material change in coverage. (5) Violation of this section shall result in revocation of the applicants license. 34-205. Signs and Identifying Markings. (1) It shall be unlawful to operate in the City a taxicab or vehicle for hire unless the vehicle contains at least two signs measuring at least 12 inches in height by 18 inches in width clearly indicating that the vehicle is a taxicab or vehicle for hire, the name of the operator or company and a telephone number where the vehicle's services may be procured. The signs may be painted on the vehicle or attachable, but must be in place at all times the vehicle is operated as or available for hire. The operation of a taxicab or vehicle for hire for transporting passengers which does not bear the signage required by this chapter shall result in revocation of the operator's license. (2) The requirements in subsection (1) of this section shall not apply to motorized carts, personal transportation vehicles or low speed vehicles. For these vehicles, it shall be unlawful to operate in the City as a taxicab or other vehicle for hire for transporting passengers unless the vehicle contains the words Taxi located on two opposing sides of the vehicle. The sign shall be in accordance with the sign regulations specifically enumerated in section(1) of this subsection, except where dimensions of the vehicle require a smaller sign. In addition, all of these vehicles must be in compliance with the requirements placed on motorized carts under this Code (Sec. 66-8). (3) A license to operate pursuant to 34-194 is non-transferable, and every sign on a taxicab or vehicle for hire must reflect the name of the entity or person licensed pursuant to 34- 194. 34-206. Citations for violations of Taxicab and Vehicle for Hire Ordinance. In addition to law enforcement, the designated city official, or other agents authorized by the City Council and Mayor, shall have the authority to cite or suspend vehicle operators and/or taxicab, tour service vehicles or vehicles for hire companies for violations of this ordinance. 34-207. Authority for removal from streets. The designated city official shall have the authority to remove from operation on the streets of the City any vehicle or operator which is in violation of this article and to prohibit operation of such vehicle until all deficiencies have been corrected. An order of the designated city official to remove a vehicle from the City streets may be appealed to the City Council. Until the appeal has been heard and ruled upon, the vehicle or operator ordered to be removed from service shall not be used for operations. 8 34-208. Speakers and Recorded Messages (1) It shall be unlawful to operate speakers outside any vehicle for hire within the city; speakers may be operated within the confines of vehicles for the sole benefit of the passengers within the confines. (2) It shall be unlawful to utilize amplified sound to the extent it is audible outside of the vehicle for hire, which is not constitutionally protected in form and scope of audibility and which, under the circumstances, of time, place and manner in which it is produced and audible or perceptible, annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of a reasonable person of normal sensitivities within the area of the audibility or perceptibility of the noise or vibration without the consent of such person. (3) All activity associated with a tour, including but not limited to interaction with people, actors, other tours and props must be contained within the vehicle or method of conveyance (motor coach, bus, trolley, automobile, van, segways, bicycle, carriage, walking tours, etc.). 34-209. Soliciting passengers prohibited. It shall be unlawful for any person to solicit passengers verbally or by gesture, directly or indirectly, upon the streets of the city, or within and adjacent to, any publicly owned facility. (1) Unlawful solicitation occurs when a driver solicits passengers: (a) from a location other than the driver's compartment or the immediate vicinity of the driver's Vehicle for Hire; or (b) in a way that obstructs the movement of a person, or follows any person for the purpose of unlawful soliciting. (2) Anyone guilty of the offense of Soliciting passengers is subject to a fine or fines as specified in Chapter 42 - Fees for violations of Vehicle for Hire Ordinance. 34-210. Requirements on Motor Common or Contract Carriers. Any requirements specifically enumerated in this Section shall be cumulative, or in addition to any requirements placed on motor common or contract carriers by State or Federal Law. 34-211. Safe and Mechanical Operation. All taxicabs or vehicles for hire shall be maintained in a safe and mechanical condition, with all safety and pollution equipment required by law remaining intact through service and operation. This inspection shall be performed annually by the designated city official, and shall be an additional condition precedent to the issuance of a decal establishing registration under the ordinance pursuant to 34-202. 34-212. Motorized Cart Use. In order to utilize a motorized cart, or personal transportation vehicle as a vehicle for hire,the motorized cart of personal transportation vehicle must be equipped to seat at least four people, the driver included. 9 SECTION 2 The sections,paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of the ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. ADOPTED THIS:a DAY OF 6,1-1--e-ex44-e", 2014. ,,,----------- , - 4_,, MpA ATTEST: - 7 C RK OF COUNCIL / 1 FIRST READING: 10 SECOND READING: rA r ENACTED: f'/ '1 Tybee/Ordinances/2014/48-A-2014 Sec Art 6 Opt B taxi and vehicles for hire 07.30.14 11