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HomeMy Public PortalAboutORD09556 i �i BILL No. �ll� INTRODUCED BY COUNCILMAN ORDINANCE NO. I AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE OF THE CITY OF JEFFERSON, MISSOURI, 1978, BY REPEALING CHAPTER 35 RELATING TO TAXICABS AND SUBSTITUTING A NEi9 CHAPTER 35, RELATING TO THE SAME SUBJECT, IN LIEU 71WI OF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: I Section 1. The Code of the City of Jefferson, 1978, is hereby amended by !! repealing Chapter 35 and a new Chapter 35 is enacted in lieu thereof as follows: 1 Section 35-1. Definitions. For the purposes of this chapter, the fol- 3lowing words and phrases shall have the meanings respectively ascribed to them by this section: I{ Taxicab. A motor vehicle of not more than seven passenger capacity, not ! including the driver, used in the transportation of persons or property for hir ; between points within this city, or between points within this city and points AML t ioutside of this city, for which transportation the operator of a taxicab ; charges a fare or consideration. r' Taxicab business. The business of transporting persons and their property 1by taxicab. I Taxicab driver. The operator of a taxicab. i Section 35-2. Certificate of convenience and necessity - Generally. i (a) Required; procedures for existing businesses. It shall be unlawful 1for any person to engage in the operation of a taxicab business, unless such , person shall have first obtained from the city a certificate of convenience and necessity authorizing the holder thereof to operate a taxicab business; pro- vided, that all persons engaged in the operation of a taxicab business on December 2, 1980, shall be presumed to be in an operation which promotes the 1public convenience and necessity of the residents of this city, and that any I1person so engaged in the operation of a taxicab business upon such date shall The issued a certificate of convenience and necessity by the Director of Trans- iportation so that existing operations may be lawfully continued. (b) Application procedures for new businesses. Any person not engaged in the business of taxicab business on December 2, 1980, who desires to obtain a certificate of convenience and necessity to engage in the operation of a taxi- cab business, shall file a written application with the Director of Transporta- ition. The application shall state whether the applicant is an individual, jpartnership, association or corporation, list the business name and address of ► the applicant, the fictitious name, if any, of the applicant, a complete des- 1cription of all vehicles owned by the applicant, which in no event shall be fewer than three four-door vehicles to be used exclusively in the taxicab operation, proposed to be used by the applicant, a financial statement of the applicant and the reason the applicant believes that the public convenience and Inecessity of the residents of this city will be promoted if the application is granted and a certificate of convenience and necessity is issued. Section 35-3. Same - Public hearing on application. 3 i (a) Setting of time and place; notification of certified taxicab campaniess. ! Upon receipt of an application to obtain a certificate of convenience and necessity, the Director of Transportation shall set such application for a ! public hearing, after first having given ten days' notice of the time and place (iof such hearing to all certified taxicab companies operating within the city lat the time that the application was filed with the Director. i I k S� 1 (b) Factors affecting Director of Transportation decision. The Director of Transportation 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. The Director of Transportation, in determining such issue, should consider, among others, the following factors: (1) 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. (6) 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. (9) Such other relevant facts that the Director of Transportation deans material. Section 35-4. Same - Issuance or denial. After having given all persons appearing at the hearing required by Section 35-3 an opportunity to be heard, the Director of Transportation shall issue its recannendation, in writing, as to whether the certificate of con- venience and necessity requested by the applicant should be granted or denied. The Director may issue such decision at the close of the hearing or take the matter under advisement for a period of not longer than thirty days. The applicant and all present certified taxicab companies appearing at the hearing shall be notified, in writing, of the decision of the Director of Transportation. This decision shall be final, and no appeal shall be allowed therefran. Section 35-5. Same - Revocation. Upon notice and hearing, the Director of Transportation may revoke a certificate of convenience and necessity, for the failure of a certificate holder to show adequate cause why his certificate of convenience and necessity should riot be revoked for any of the following reasons: (a) Failure to conduct the taxicab business for a period of thirty days or longer. (b) Violation of this Code or any ordinances of the city of statutes of the state. (c) Employment of unlicensed taxicab drivers. (d) Operation of taxicabs without such insurance on file as is prescribed by this chapter. -2- I� i i� li (e) failure to charge the rates for taxicab service as are prescribed by this chapter. (f) Aiding, abetting or assisting the pranotion or advancement of any illegal or immoral activity, affair or business. Section 35-6. Same - Transfer. A certificate of convenience and necessity shall not be transferred or assigned, unless the proposed transferor and the proposed transferee shall first file their joint application with the Director of Transportation of the city seeking the approval and permission of such Director to make such transfer. If the Director of Transportation finds that the transferee is properly qualified to conduct a taxicab business, it shall approve such transfer ap- plication, and it shall not be necessary for the transferee to prove public convenience and necessity. Section 35-7. Certificate of public liability and property damage insurance. (a) Required; amounts. Every holder of a certificate of convenience and necessity to conduct the operations of a taxicab business within the city shall at all times during the course of such operations have on file and approved by the Director of Transportation a certificate of public liability and property damage insurance covering each motor vehicle being operated in such taxicab business by the holder of the certificate of convenience and necessity, in the minimum amounts of Ten Thousand Dollars ($10,000) for injury or death to any one person, Twenty Thousand Dollars ($20,000) for injuries or deaths from any one accident and Ten Thousand Dollars ($10,000) property damage for any one accident. (b) Endorsement. 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 canpany or insurer shall have first been given to the Director of Transportation of the City of Jefferson, Missouri, in care of the City Hall Building, Jefferson City, Missouri, said period of ten (10) days' notice to commence to run fran the date that notice is actually received at the office of the Director of Transportation of the City of Jefferson, Missouri. "Attached to and forming a part of Policy No. . . . . . . . covered by Certifi- cateof 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." Section 35-8. Condition and appearance; identification. All taxicabs shall be kept in a- thoroughly and mechanically safe operating condition, ccuplying with all of the 'safety requirements of this Code and other ordinances of the city and state law regulating motor vehicles of 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 painted on the door on each side of such taxicab. Section 35--9.' Inspections. (a) Generally. The Director of Transportation is hereby authorized and directed to maintain a continuous taxicab safety program regarding all taxicabs operated within the city. All cabs shall be inspected annually, within thirty days prior to the issuance of an annual license therefor, and at such other times 0 -3- I� 1 1 as the Director may deem necessary. At least five days' notice shall be given to the owner of any taxicab to be inspected, prior to the date of inspection, ® advising the place and the time of inspection. The Director may designate any competent mechanic to make the inspection. Any taxicab certified to be unsafe by the mechanic chosen by the Director shall not be operated again until such vehicle has been rendered mechanically safe upon reinspection by the Director of Transportation's mechanic. (b) Fee. For the annual inspection mentioned in subsection (a) of this section, the Director of Transportation shall charge and receive the sum of Five Dollars ($5.00) for each taxicab to be inspected, such fee to be paid by the owner thereof at the time of the inspection. Only one inspection fee per taxicab shall be payable each year. Section 35-10. Taxicab rates - Established. It shall be unlawful for any person, firm; association or corporation, engaged in the operation of a taxicab business under a certificate of conve- nience and necessity within the limits of the city, to charge a rate either less or greater than follows: a) A charge of $1.20 for first 1/5 mile b) A charge of .20 for each additional 1/5 mile c) A charge of .25 for each additional passenger ® d) A charge of 12.00 per hour waiting time e) A charge of 1.25 minimum on all deliveries f) A charge of .40 extra on all grocery hauls g) A charge of .25 extra on all extra. stops Section 35-11. 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 in- crease, or any part thereof, in the rate of fare sought by applicants. The decision of the Council shall be final. Section 35-12. Same - Rate schedule to be displayed. 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 chapter, and no ® further or different charges than those authorized by this chapter shall be charged. Section 35-13. Taxicab meters. Each taxicab used in the operation of a taxicab business shall be equipped with a fare meter, designed and constructed to clearly and accurately register the exact mileage travelled 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. The fare meter flag shall be turned to the "down" position at the time such taxicab departs fran the point of origin with a passenger and shall be kept in the "down" position until the point of destination is reached, at which time the taxicab driver shall place such meter flag in the "up" position. Section 35-14. 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 -4- the initial passenger being transported on a particular movement, when t ® authorized by the initial passenger to do so. ARTICLE II. DRIVERS' PM1ITS. Section 35-15. Required. ;10 person shall drive a taxicab within the city limits, unless such person has in his possession a currently effective and valid taxicab driver's permit which has been issued as provided in this article. Section 35-16. Employment of drivers not holding. No person, other than the holder of a taxicab driver's permit, shall be employed 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. Section 35-17. Application and issuance procedure. (a) Application generally. Any person desiring to obtain a permit to operate a taxicab within the city shall file an application with the Director of Transportation on a form to be provided, by the Director of Transportation, to obtain a permit to drive a taxicab and concurrently pay an application fee of five dollars to the Director of Transportation. The application form shall require the applicant to furnish his name, 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 has 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. (b) Investigation and examination of Applicant. The Director of Trans- portation shall send the application to the Chief of Police for investigation, and upon completion of such investigation, the Chief of Police shall endorse his approval or disapproval of the application, before transmitting same to the Director of Transportation. The Director may require the applicant to demonstrate his skill and ability to operate safety 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 Director of Transportation concludes that the applicant is suitable and qualified to drive a taxicab, he shall issue the applicant a taxi drivers permit. (c) Action by Director of Transportation.- Issuance or Denial. In determining if the application should be approved or disapproved, the Director shall consider, among other things, the recommendation of the Chief of Police, the applicant's ability to safely operate a motor vehicle, the applicant's record in connection with traffic violations and accidents and the applicant's appearance and reputation in the community for sobriety and moral fitness. Section 35-18. 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 Transportation for an annual renewal of such permit and pay a renewal fee of five dollars. The Director of Transportation shall then issue a taxicab driver's permit authorizing the holder thereof to operate a taxicab within the city until June 30 of the sub- sequent year if the applicant, at the time he seeks renewal of his permit, holds a currently effective taxicab driver's permit previously approved, which permit has not been revoked or suspended. i -5- E Section 35-19. Display. The holder of a taxicab driver's permit shall have such permit prominently displayed in the taxicab operated by him at all times such taxicab is in operation. Section 35-20. Revocation - Authority. The Director of Transportation 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 section 35-21, any taxicab driver is found to be mentally, physically or morally unfit or unsafe to operate a taxicab within the city. Section 35-21. Same - Hearin • notice of hearing;_ failure of permit holde to appear; suspension of permit pending hearing. Upon conviction of the holder of a taxicab driver's permit for any reason stated in section 35-21, or if a complaint shall be filed with the Director of Transportation against the holder of a taxicab driver's permit alleging that th holder of the permit is mentally, physically or morally' unsafe or unfit to operate a taxicab within the city, the Director of Transportation 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 of such permit, and ordering the holder of the permit to appear at such hearing to show cause why his permit to operate a taxicab within the city should not be revoked. If, at the hearing, it should be proven that the holder of such taxicab driver's permit has been convicted of any offense mentioned in Section 35-20, or if it shall be proven by competent evidence that 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 iwelfare of the residents of the city, the Director of Transportation may either revoke and cancel the permit or suspend the permit for a period of time not to exceed ninety 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 Director of Transportation 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 Section 35-20. Section 2. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed Approved Y OF F -q0 O;id t o the Co 1 Ma yor Attest: City C k 1 •