HomeMy Public PortalAboutORD07190 0R..DT1,;At'C; I:0. 7190
AN ORDINANCE REP"ALING ORDINANCES NUM177MED 3?C�1 , 4703 , 4¢229
5394P 6223 , 6405, and 7104. OF T117 CITY OF J"FFEiSON, 1TISSOURI
REGULATING TAXICAB COMPANIES, TAXICAB VEHICLES AND TAXICAB
DRIVERS, AND ENACTING A NR9 ORDIPiANCE PERTAINING TO THE SAME
SUBJECT, AND PROVIDING A PENALTY FOR VIOLATIONS TIiEREOF.
BE IT ORDAINED BY TIME CITY COUNCIL OF THE CITY OF JEFFERSON,
MISSOURI, AS FOLLOWS :
Section 1. Ordinances numbered 3?�?l, 47039 4822, 5394,
4$22, 5394, 6223, 6403 and 7104 of the City of Jefferson,
Missouri, regulating taxicab companies, taxicab vehicles, and
taxicab drivers be, and the same are hereby, repealed.
Section 2. Definitions . As used in this ordinance, the
following terms shall have the following meaning:
(a) Taxicab - a motor vehicle of not more than seven
(7) passenger capacity, not including the driver, used in the
transportation of persons or property, or both, for hire
between points within this city or between points within this
city, on the one hand, and points outside of this city, on the
other hand, for which transportation the operator of a taxicab
charges a fare or consideration.
(b) Taxicab business - the business of transporting
persons and their property by taxicab.
(c) Taxicab driver - the operator of a taxicab.
Section 3. Certificate of Convenience &, Necessity. It.
shall be unlawful for any person, firm, association or
corporation to engage in the operation of a taxicab business
unless such person, firm, association or corporation shall
have first obtained from the City of Jefferson, Missouri, a
Certificate of Convenience and Necessity authorizing the
holder thereof to operate a taxicab business; provided, however,
that all person, firms, associations or corporations presently
engaged in the operation of a taxicab business, at the time of
the passage and approval of this ordinance, shall be presumed
to be in an operation which promotes the public convenience
and necessity of the residents of this city, and any person,
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firm, association or corporation so onpar;od in the operation
of a taxicab business , upon the passaf;e and approval of this
ordinance shall be issued a Certificate or Convenience and
Necessity by the Police Board of said city so that existing
operations may be lawfully continued.
Any person, firm, association or corporation, not engaged
in the business of a taxicab business upon the passage and
approval of this ordinance, desiring; to obtain a Certificate
of Convenience and Necessity to engage in the operation of
a taxicab business shall file a written application with the
City Clerk addressed to the Police Board of said city. The
application shall state whether the applicant is an individual,
partnership, association or corporation, list the business
name and address of the applicant or applicants, the fictitious
name, if any, of the applicant or applicants, a complete
description of all vehicles owned by the applicant, which in
no event shall be fewer than three (3) four-door vehicles to
be used exclusively in the taxicab operation, proposed to be
used by the applicant in the taxicab operation, a financial
statement of the applicant, and the reason applicant believes
that the public convenience and necessity of the residents of
this city will be promoted if the application is granted and
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a Certificate of Convenience and Necessity is issued.
Section 4. Notice of Hearing; hearing on Application. Upon
receipt of an application to obtain a Certificate of Convenience
and Necessity, the City Clerk shall file same with the Police
Board of the city. The Police Board shall set such application
for a public hearing, after first having; given ten days notice
of the time and place of said hearing to all Certificated taxicab
companies operating within said city at the time that the
application was filed with the City Clerk.
Section 5. Factors to be Considered. The Police Board
shall cause evidence to be taken at said hearing on the
application for a Certificate of Convenience and Necessity.
The applicant and all. holders of Certificates outstanding at the
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time of the hearinrr ,shall be rrivQn an opportunit-,v to present
If all relevant and material. ovi.dence hear,inrr on the issue
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involved, to-wit : does tho public convenience and necessity
of the citizens of Jefferson City require the certification
of applicant to engarre in the operation of the taxicab business.
The Police Board, in determining the issue, should consider,
among others, the following factors :
(a) the number of outstanding certificates of con-
venience at the time of the hearing and the total number of
' taxicabs being operated by the holders of these certificates .
(b) the ability of the holders of certificates of
convenience and necessity to increase or augment the number,
® of taxicabs being presently operated.
(c) 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.
(d) 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.
(e) the number of vehicles owned and proposed for
use by the applicant.
(f) the financial responsibility of the applicant.
(g) the moral and business qualifications of applicant
(h) the ability of the general public to obtain good
and efficient taxicab service at the time of the hearing from
presently existing certificated taxicab companies.
(i) such other relevant facts that the "Board deems
material.
Section 6. Certificate of Convenience ?e Necessity;
Issuance or Denial. After having given all persons appearing
at said hearing an opportunity to be heard, the Police Board,
shall issue its recommendation in writing that the Certificate
of Convenience and Necessity requested by the applicant be
granted or denied. The Board may issue said decision at the
close of the hearing or take the matter under advisement for a
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pcyri.o(l of not longer than t hirt„r (30) da.v,: . Thn applicant and
all present certificated t axical) companies appearing; at the
hearing,"shall be notified in writirip. of the decision of the
Police Board. This decision shall be final and no appeal shall
be allowed therefrom.
Section 7. Revocation of Certificate* Upon notice and
hearing, the Police Board 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 not be revoked £or any of the following reasons:
(a) Failure to conduct the business of a taxicab
business for a period of thirty (30) days or
longer.
(b) Violation of any ordinances of the city of
Jefferson or statutes of the State of Missouri.
(c) Employment of unlicensed taxicab drivers .
(d) Operations of taxicabs without such insurance
on file as is prescribed by this ordinance.
(e) Failure to charge the rates for taxicab service
as are prescribed by ordinance.
(f) Aiding, abetting or assisting; the promotion or
advancement of any illegal or immoral activity,
affair or business.
Section 8. Transfer of Certificate. 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 Police Board
of the City of Jefferson seeking the approval and permission of
said Board to make said transfer. If the Police Board finds
that the transferee is properl,,r qualified to conduct a taxicab
business, it shall approve said transfer application and it shall
not be necessary for the transferee to prove public convenience
and necessity.
Section 9. Taxicab Licenses. Every person, firm,
association or corporation holding a certificate of convenience
and necessity to engage in the operation of the taxicab business
within the city limits of this city shall pay the City Collector
of said city a license fee in the amount of Twelve 012.00)
Dollars per year for each and every vehicle operated as a
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taxicab within ,aid cit.,,,, during the, next twelve month3.
Application for a license shall. be made on blanks furnished
by the City Collector, and upon payment of the license .fee
herein provided, the Collector- shall issue the holder of the
Certificate of Convenience and Necessity and owner of the
vehicle or vehicles to be licensed a suitable license for each
and every vehicle so licensed.
Section 10. Insurance Requirements . Every holder of a
Certificate of Convenience and Necessity to conduct the operation
of a taxicab business within this city shall at all times during
the course of such operations have on .file and approved by the
City Clerk a Certificate of Public Liability and Property Damage
Insurance covering each motor vehicle being operated in said
taxicab business by the holder of the Certificate of Convenience
and Necessity in the minimum amounts of 35,000.00 for injury or
death to any one person, •"110,000.00 for injuries or deaths
from any one accident , and X5,000.00 property damage for any
one accident.
The following endorsement shall be attached to each
certificate of insurance hereinabove required:
"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 City Clerk 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 from the date
that notice is actually received at the office of
the City Clerk of the City of Jefferson, Missouri.
Attached to and forming a part of Policy No.
covered by Certificate of Insurance No.
issued by
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Section 11. Rates of fare for transportation. From and
after the effective date of this ordinance, it shall be unlawful
for any person, firm, association or corporation engaged in the
operation of a taxicab business under a Certificate of Convenience
• and Necessity within the limits of this city to charge a rate of
fare either lessor or greater than follows :
.45� for the first one (1/2) half mile.
.10¢ for each additional one (1/3 ) third of a mile.
.10¢ for each additional passenger over one passenger.
4.00 per hour for waiting time.
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Section 12. Taxicab met;cyrs to be used . From and after
the effective date of this ordinance , 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
individual transportation movement and also equipped to
clearly and accurately register the exact fare to be paid for
use of said taxicab by one passenger at all times while said
cab is in motion and upon arrival at the point of destination.
The fare meter flag must be placed in the "up" position at
the time the taxicab departs from the point of origin with
the passenger and must remain in the "up" position until the
point of destination is reached, at which time the taxicab
driver shall place said meter flag in the down position.
Section 13 . 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.
Section 14. Schedule of rates to be displayed. Every
taxicab being operated within the city limits of this city
shall have displayed in a prominent place within the passenger
compartment of said vehicle a schedule showing the rate of
fare authorized to be charged by this ordinance, and no
further or different charges than those authorized by this
ordinance shall be charged.
Section 15. Rate of fares ; how increased. The rate of
fare for transportation of passengers and their property
within the City of Jefferson, Missouri shall be established
and controlled by the City Council. Upon application for an
increase in the rate of fares which might lawfully be charged
the public within this city, the 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,
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or the Council may .authorize thn total. incroase', or ,.ins part
th�-�rooF, in t,h(, rata of f ar t sought 1).1 ;ipplicants) , and tho
decision of the Council shall be final. .
Drivers of Taxicabs
Section lh. Drivers must have 'permi.t . No person shall
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drive a within the city limits of this city unless
said person has in his possession a currently effective and valid
taxicab driverts permit which has been issued as hereinafter
provided.
Section 17. Permits . Procedure to Obtain. (A) Application.
Any person desiring to obtain a permit to operate a taxicab
within this city shall file an application with the City
Collector, on a form to be provided by the Collector, to obtain
a permit to drive a taxicab and concurrently pay an application
fee of One (;"1.00) Dollar to the City Collector. The application
form shall require applicant to furnish his name, residence,
places of residence for the preceding; five year period, sex,
age, color, ehight, color of eyes and hair, place of birth,
marital status, length of residence in Jefferson City, citizenshi
and nationality, places of previous employment, whether previousl
licensed as a chauffeur, and if so, whether such license has
Aft ever been revoked, and if so, for what reason, and said applicant
shall both sign and swear to the truth of the contents of
the application.
(B) Investigation of applicant . The Collector shall send
the application to the Chief of Police for investigation, and
upon completion of such investigation, the Chief of Police may
require the applicant to demonstrate his skill and ability to
operate safely a motor vehicle and may require applicant to
pass a physical examination showing that applicant has average
eyesight and hearing. Upon completion of the investigation,
physical examination and driving test, if the Chief of Police
• concludes that applicant is suitable and qualified to drive
a taxicab, he shall issue applicant a temporary permit allowing
applicant to drive a taxicab until the Police Board of said
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� City oithor approvesa or ciisapprovos t,hn �ippla czt
ion The: Chief
oC Polico shall endorse his approval or disapproval of the
application on the application before transmitting same to the
I� Police Board.
(C) Police Board; action on application. Within five
days after receipt of the application, the Chief of Police shall
file same with the Police Board which shall consider all
applications filed with it subsequent to its last meeting. In
determining if the application should be approved or disapproved,
the Police Board shall consider, among other things, the
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recommendation of the Chief of Police, applicant 's ability to
safely operate a motor vehicle, applicant 's record in connection
with traffic ordinance violations and accidents , applicant 's
personal appearance and reputation in the community for sobriety
and moral fitness. If the Police Board approves the application,
the Chairman shall endorse the Board's approval thereon and
send the same to the City Collector with directions to issue
the applicant a taxicab driver's permit. If the Police Board
disapproves the application, such disapproval shall be endorsed
thereon by the Chairman who shall transmit the same to the City
Collector with directions to refuse applicant a taxicab driver's
permit . In either event , the City Collector shall immediately
notify the applicant of the Police Board's decision, and if
application is denied by the Police ?hoard, the Collector shall
notify the applicant to return any temporary permit previously
issued applicant by the Chief of Police and to immediately stop
driving taxicabs within the city limits of this city.
Section 18. Permit , Cost of, Renewal. On or before the
first day of July of each year, each holder of a taxicab
driver's permit shall apply to the City Collector for an annual
renewal of said permit and pay a renewal fee of One ( '1.00)
Dollar. The Collector shall then issue a taxicab driver's
permit authorizing the holder thereof to operate a taxicab
within the city until June 30th of the subsequent year if the
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applicant, at tho time he seeks renewal of his permit, holds a
currently effective taxicab driver 's permit previously
approved by the Police Board which permit has not been revoked
or suspended by the Police Board.
Section 19. Kermit to be Displayed ; Insignia. The holder
of a taxicab driver's permit shall have said permit prominently
displayed in the taxicab operated by him at all times such
taxicab is in operation. While on duty, each holder of a
taxicab driver's permit shall wear a cap identifying; himself
as a taxicab driver.
Section 20. Revocation of Permit. The Police Board may
revoke the permit of any taxicab driver if the holder thereof
is convicted of a violation of 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 hereinafter provided, any taxicab driver is found
to be mentally, physically or morally unfit or unsafe to
operate a taxicab within this city.
Section 21. Revocation; Hearing. Notice of Hearing. Upon
conviction of the holder of a taxicab driver's permit for the
reason stated in the preceding section, or, if a complaint shall
be filed with .the;_Poli.ce Board of this city against the holder
of a taxicab driver's permit alleging that the holder of the
permit is either mentally, physically or morally unsafe or unfit
to operate a taxicab within this city, the Police Board shall
set a day for the hearing on the revocation of the permit of
said taxicab driver, and cause the holder of the permit to be
served a written notice stating the time when and the place of
said hearing, the offense or offenses charged against the holder
of said permit , and ordering the holder of the permit to appear
at said 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 said taxicab
• driver's permit has been convicted of any offense mentioned in
the preceding section, or, if it shall be proven by competent
evidence that the holder of the permit is mentally, physically
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or morally unfit or unsafe to operate a taxicab within this
city, taking into consideration generally the health, safety and
welfare of the residents of the city, the Police Board may either
revoke and cancel the permit or suspend same 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 Police Board may suspend a permit, pending
a hearing on revocation, if the holder is charged with conviction
of any ordinance specified in the preceding section.
Section 22. Employment of taxicab drivers. No person, other
than the holder of a taxicab driver' s permit, shall be employed
by any person, firm, association or corporation engaged in the
operation of a taxicab business within this city, to operate or
drive a taxicab within the limits of this city.
Section 23. Memorial Airport, restricted operation. No
taxicab driver shall be authorized to transport any passenger (s)
from the Jefferson City Memorial Airport in Callaway County
unless dispatched to the airport pursuant to a specific customer
call for taxicab service, and no taxicab driver shall ever render
standby, on-airport, without call service for the purpose of
obtaining a fare.
Inspection of Taxicabs
Section 24. Inspection of taxicabs. The Police Board of the
City is hereby authorized and directed to maintain a continuous
taxicab safety program on all taxicabs operated within the city.
All cabs shall be inspected annually within thirty (30) days
prior to the issuance of an annual license therefor and at such
other times as the Board may deem necessary. At least five (5)
• days notice shall be given to the owner of any taxicab to be
inspected, prior to the date of inspection, advising the place
where and the time when said inspection will occur. The Board
may designate any competent mechanic to make the inspection. Any
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taxicab certified to be unsafe by the mechanic chosen by the
Board shall not be operatedagain until said vehicle has been
® rendered mechanically safe upon reinspection by the Police Board' s
mechanic.
Section 25 . Taxicabs, appearance and condition. All taxi-
cabs shall be kept in a thoroughly and mechanically safe
operating condition, complying with all of the safety require-
ments of the ordinances of the City of Jefferson, Missouri, and
the statutes of the State of Missouri regulating motor vehicles
of a capacity of seven passengers or less, and all taxicabs
shall be kept clean, properly painted and identifiable as a
taxicab by appropriate signs painted on each side of the door.
Section 26. Inspection fees. For the annual inspection
mentioned above, the Police Board shall charge and receive the
sum of $2.00 for each taxicab to be inspected, said 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 by
the owner thereof.
Penalty and Effective Date
Section 27. Penalties. Any person, firm, association or
corporation convicted of a violation of any of the provisions of
this ordinance shall be deemed guilty of a misdemeanor and be
punished by a fine of not to exceed One Hundred ($100.00) Dollars,
or by imprisonment in jail for not more than ninety (90) days, or
by both such fine and imprisonment.
Section 28 . Effective Date. This ordinance shall take effect
and be in force days from and after its passage and approva .
Passed: Ma 962 Approved: M 1962
• President of the/Council Ma or
C. F. WHAL C. F. VULEY
Atte s .
City Clerk
HAROLD B. BAKER, Jr•