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HomeMy Public PortalAboutOrd. 913 - TaxicabsORDINANCE NUMBER 913 AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO, REPEALING IN ITS ENTIRETY SECTION 21, CHAPTER 3, OF TITLE 4 TAXICABS LICENSE FEE, AND ENACTING A NEW CHAPTER 4 OF TITLE 4 TO BE ENTITLED TAXICABS AND COMMERCIAL TRANSPORTATION SERVICES OF THE MCCALL CITY CODE; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCCALL, IDAHO: SECTION 1: That Section 21, Chapter 3, of Title 4 Taxicabs License Fee of the McCall City Code, be, and the same is hereby repealed in its entirety. SECTION 2: That a new Chapter 4 of Title 4 entitled Taxicabs and Commercial Transportation Services, be, and the same is hereby enacted and shall read as follows: Chapter-4 POOL AND BILLIARDS (Rep. by Ord. 791, 1 22 2004) Chapter 4: TAXICABS AND COMMERCIAL TRANSPORTATION SERVICES 4.4.1 STATEMENT OF PURPOSE AND FINDINGS; DEFINITIONS 4.4.2 LICENSE REQUIRED; TAXICAB BUSINESS OR COMMERCIAL TRANSPORTATION BUSINESS 4.4.3 APPLICATION 4.4.4 FEES 4.4.5 INVESTIGATION AND LICENSE REQUIRED; TAXI OR COMMERCIAL TRANSPORTATION DRIVER'S LICENSE 4.4.6 VEHICLE INSPECTIONAND LICENSE REQUIRED; TAXI OR COMMERCIAL TRANSPORTATION DRIVER'S LICENSE 4.4.7 INSURANCE REQUIRED 4.4.8 UNLAWFUL PRACTICES 4.4.9 SIGNS, DESIGNATION AND INSPECTION 4.4.10 INACCURATE TAXIMETERS PROHIBITED 4.4.11 TAXIMETERS OPTIONAL; SCHEDULE OF FLAT RATE FARES; EXCEPTION 4.4.12 SMOKING PROHIBITED WHILE TAXICAB SERVICE IS BEING PROVIDED 4.4.13 FARE 4.4.14 REVOCATION OF TAXICAB OR COMMERCIAL TRANSPORTATION BUSINESS LICENSE 4.4.15 DRIVERS TO BE LICENSED 4.4.16 COLORED COPY OF DRIVER'S LICENSE TO ACCOMPANY TAXICAB OR COMMERCIAL TRANSPORTATION DRIVER'S APPLICATION Page 1 of 11 Ordinance 913 Taxicabs April 25, 2013 4.4.17 TAXICAB OR COMMERCIAL TRANSPORTATION DRIVER'S LICENSE AND RENEWAL 4.4.18 REVOCATION OF DRIVER'S LICENSE 4.4.19 APPEALS 4.4.1 STATEMENT OF PURPOSE AND FINDINGS; DEFINITIONS: The Council finds that the public health, safety, and welfare require safe vehicles, trustworthy drivers, and insurance on vehicles involved in commercial transportation. The public is justifiably concerned about, and requires protection from, pricing that is arbitrary, unfair, or imposed under inequality of bargaining power or duress. The Council further finds that opportunities for passenger transport within the city are increasing, and hereby declares that commercial ventures attempting to enter this market should not be restrained or overregulated except to afford basic protections to the public and ensure a level playing field with respect to government regulation. For the purposes of this chapter, the following terms, phrases, words, and derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The following terms as used in this chapter mean: APPLICANT: A person making an application for a license or the renewal thereof under this chapter. BUS: A motor vehicle used for the purpose of transporting people with a minimum capacity of sixteen (16) passengers which is hired to provide services for a passenger or group of passengers traveling from one location to another for a common purpose or which provides regular route service from one location to another and which is subject to the federal motor carrier safety regulations under the jurisdiction of the Idaho State Police and Idaho Transportation Department. COMMERCIAL TRANSPORTATION SERVICES BUSINESS DRIVER'S LICENSE: A license to drive, operate, or have charge of a commercial transportation vehicle pursuant to and in conjunction with a valid commercial transportation service business license. COMMERCIAL TRANSPORTATION SERVICES BUSINESS LICENSE: A license to engage in a business operating one or more commercial transportation vehicles for the purpose of a limousine service, shuttle service, touring vehicle service, or any other service for the purpose of transporting passengers between specified points on either a regular route or at the direction of the passenger at fares agreed upon by the passenger and business. Such a service does not include taxicabs, which are regulated separately under this chapter. Such service does not include buses or courtesy vehicle services as defined herein. Such service does not include horse drawn vehicles, which are regulated separately. Page 2 of 11 Ordinance 913 Taxicabs April 25, 2013 COMMERCIAL TRANSPORTATION VEHICLE: Any vehicle, powered by gasoline engine, electric motor, human powered, or by any other means, used to transport passengers for hire or any other consideration. This definition includes vehicles used by a limousine service, touring vehicle service, shuttle service, pedicabs, rickshaw, and any other vehicle other than taxicabs, buses, and those operated by a courtesy vehicle service which transports passengers. This definition does not include the use of taxicabs operated pursuant to this chapter, courtesy vehicles, service vehicles, or vehicles operated as part of a governmentally sponsored program. A commercial transportation vehicle shall only be operated by a driver possessing a commercial transportation service driver's license pursuant to a commercial transportation service business license. COURTESY VEHICLES SERVICE: Any service operating one or more commercial transportation vehicles on behalf of a business such as a hotel, convention center, or other business entity for the purpose of transporting passengers who are patronizing that business, to or from the business. Such vehicles are not for hire by the general public at any time and shall be clearly marked with the business' name or logo, owned by, leased by, or contracted for by the business, and exclusively dedicated to serve the business and patrons of the business, at no charge to the patron. Courtesy vehicles may not provide transportation to any passenger for a charge. Tips or gratuities may be offered to the driver at the conclusion of the service, at the sole discretion of the passenger, but may not be solicited or negotiated by the driver at any time. DRIVER: Any person who drives or who is in actual physical control of any taxicab or commercial transportation vehicle. "Actual physical control" as used in this chapter shall be defined as being in the driver's position of the taxicab or commercial transportation vehicle with the motor running or with the vehicle moving, if no motor exists in the vehicle. FARE: Money or other value given in exchange for transporting a person or passenger pursuant to a taxi or commercial transportation business license, based upon agreement between the passenger and business. LICENSING OFFICE: The City Clerk or his/her designee. LIMOUSINE SERVICE: Any business operating one or more commercial transportation vehicles for hire by prearranged appointment only at hourly, daily, or weekly rates as agreed upon between the passenger and business, which is conducted or maintained for the purpose of providing luxury transportation with services carrying passengers for hire, and which transports passengers between points and over such routes as may be directed by a passenger, and not a fixed route. Such vehicles, include, but are not limited to limousines, luxury town cars, "party buses", and stretch sport utility vehicles. PERSONS: Any person, firm, partnership, association, corporation, company, or any organization of any kind. PREARRANGED APPOINTMENT: Transportation for a passenger, or group of passengers, that is arranged in advance, or pursuant to a regular route between specified points, and is provided in a commercial transportation vehicle. Page 3 of 11 Ordinance 913 Taxicabs April 25, 2013 SCHEDULE OF FLAT RATE FARES: A posting inside of a taxicab clearly indicating the amount to be charged one-way, per passenger, from the point of origin to the destination. A taximeter is the alternative to a schedule of flat rate fares. SHUTTLE SERVICES: Any business operating one or more commercial transportation vehicles for hire by prearranged appointment and not on a regular route and charged on a per passenger basis, which may make multiple stops, picking up one or more fare paying passengers on the way to one or more destination. TAXICAB: Any motor vehicle regularly used for the purpose of transporting persons for hire, which receives or discharges passengers within the city limits, or advertises for such use, whether or not such vehicle or vehicles are engaged in carrying passengers entirely within the city limits; providing that "taxicab" as defined in this section does not include a school bus or other motor vehicle used exclusively for the transportation of children to and from school, nor a motor bus operated by a public transit system, nor a motor bus with a seating capacity of over seven (7) passengers operated on a regular schedule over regularly designated streets, nor courtesy cars provided free of charge to the hotel/motel guests for transport to and from the airport, nor vehicles operating for the purpose of carrying United States mail or other United States property. TAXIMETER: An instrument attached to a taxicab by means of which the charge authorized for hire of such vehicle is mechanically calculated in dollars and cents either on a basis of distance traveled or for waiting time, or a combination thereof. A schedule of flat rate fares is the alternative to a taximeter. TOURING VEHICLE SERVICES: Any business operating one or more commercial transportation vehicles, other than one rented without a driver, or a taxicab, bus, or limousine, or incident to a governmentally sponsored program, used for the transportation of more than four (4) passengers for hire for sightseeing, educational tours or other such similar excursions; the charges for which are determined by the length of time for which the vehicle is engaged, the distance traveled, a fixed fee, or any combination of such methods of determining such charges. 4.4.2 LICENSE REQUIRED; TAXICAB BUSINESS OR COMMERCIAL TRANSPORTATION BUSINESS: It is unlawful to operate any taxicab business or commercial transportation business without first having obtained a business license from the City Clerk. 4.4.3 APPLICATION: Every person, before providing taxicab service or commercial transportation, shall apply to the City for a business license and a taxicab or a commercial transportation driver's license as required by this Chapter. Every applicant for a taxicab or a commercial transportation driver's license shall supply a full set of fingerprints with every application, except that fingerprints will not be required for any renewal that occurs within five (5) years of the latest submittal of fingerprints by the applicant. Every applicant for a taxicab or commercial transportation business Page 4 of 11 Ordinance 913 Taxicabs April 25, 2013 license shall supply a completed vehicle inspection as provided in section 4.4.6 of this Chapter for each vehicle to be used for services. The City, upon receipt of payment of the proper taxicab service or commercial transportation license fees, and other required information as specified, and upon compliance with the requirements of this Chapter, shall issue a taxicab or commercial transportation business license or a taxicab or commercial transportation driver's license. 4.4.4 FEES: A. Every business, trade, or profession shall pay in advance to the City Clerk the required fees as adopted by resolution of the City Council. B. Except as provided in section 4.4.5 of this chapter at the time of filing an application an investigation fee shall be paid and is nonrefundable and shall be set by resolution of the City Council. C. The license fee is payable upon filing of the application and the fee is nonrefundable. 4.4.5 INVESTIGATION AND LICENSE REQUIRED; TAXI OR COMMERCIAL TRANSPORTATION DRIVER'S LICENSE: Upon receipt of an application for any taxi or commercial transportation driver's license under this chapter, the application shall be referred to the McCall police department which shall conduct an investigation to determine the suitability of the applicant to be licensed. The investigation shall require an applicant to provide information and fingerprints necessary to obtain criminal history information from the Idaho state police and the federal bureau of investigation pursuant to Idaho Code section 67-3008 and congressional enactment public law 92544. The McCall police department shall submit a set of fingerprints obtained from the applicant and the required fees to the Idaho state police bureau of criminal identification for a criminal records check of state and national databases. The submission of fingerprints and information required by this section shall be on forms prescribed by the Idaho state police. The McCall police department is authorized to receive criminal history information from the Idaho state police and from the federal bureau of investigation for the purpose of evaluating the fitness of an applicant for licensure. As required by state and federal law, further dissemination or other use of the criminal history information is prohibited. The applicant shall pay, in advance, the fees required by the Idaho state police bureau of criminal identification for the criminal records check. It is unlawful for any person to drive any taxicab or commercial transportation vehicle upon the streets of the city without first complying with the following requirements and obtaining a taxicab or commercial transportation vehicle driver's license. No person shall be issued a license to drive, operate, or have charge of a taxicab or commercial transportation vehicle when that person: A. Is under the age of eighteen (18) years. Page 5 of 11 Ordinance 913 Taxicabs April 25, 2013 B. Is required to register as a sex offender, pursuant to the sexual offender registration notification and community right -to -know act, Idaho Code section 18-8301 et seq., and the juvenile sex offender registration notification and community right -to -know act, Idaho Code section 18-8401 et seq. C. Has been, within five (5) years prior to the date of making application for such license, convicted of, paid any fine, been placed on probation, or is currently on probation or parole, received a deferred sentence, received a withheld judgment, sentenced to confinement (including options in lieu of confinement), or suffered the forfeiture of a bond for a felony involving the use or threat of violence against the person of another, or any felony involving the sexual enticement of minors. D. Has been, within five (5) years prior to the date of making application for such license, convicted of, paid any fine, placed on probation, or currently is on probation or parole, received a deferred sentence, received a withheld judgment, sentenced to confinement (including options in lieu of confinement), or suffered the forfeiture of a bond for any misdemeanor, involving: 1. Driving under the influence of alcohol (DUI) and/or drugs or reckless driving; 2. The use of force against the persons or property of another; 3. The threat of force against the persons of another; 4. Theft or larceny; 5. Stalking, telephone harassment, or violations of protection orders or no contact orders; 6. The use, possession, or sale of illegal drugs; or possession of paraphernalia; 7. Contributing to the delinquency of a minor; 8. Possession of a concealed weapon; or 9. Illegal sexual activity. E. Has an outstanding warrant at the time of such application. F. Has had a similar license revoked by the city or any other city of this state or of the United States within the preceding five (5) years. No license shall be granted to any applicant nor may a licensee maintain an existing license in good standing where satisfactory proof is submitted that such applicant operates motor vehicles in an unskilled, dangerous; or reckless manner; or habitually uses intoxicating liquor or drugs; or who repeatedly violates the laws of the city relating to traffic or to this chapter; or who violates the laws of the city while engaged in the business activity regulated by this chapter. Page 6 of 11 Ordinance 913 Taxicabs April 25, 2013 G. A taxicab or a commercial transportation service driver's license shall not be issued to a person who, at the time of application for renewal of a license issued hereunder would not be eligible or qualified for such license upon a first application; and a licensee must continue to have and maintain all the qualifications; and none of the disqualifications provided herein throughout the license period. It shall be the duty of the licensee to immediately notify the Clerk's office if any event, subsequent to the issuance of a taxicab or a commercial transportation service driver's license, renders the licensee ineligible or unqualified for such a license. Failure to continually maintain said requirements throughout the duration of the license may result in revocation of the taxicab or a commercial transportation service driver's license. H. Fails or refuses to provide the information or fingerprints requested during the investigative portion of the process conducted by the McCall police department. I. Fails the investigative portion of the process conducted by the McCall police department. 4.4.6 VEHICLE INSPECTION AND LICENSE REQUIRED; TAXI OR COMMERCIAL TRANSPORTATION DRIVER'S LICENSE: No vehicle shall be used as a taxicab or a commercial transportation vehicle until that vehicle has been inspected in accordance with the requirements of the insurance carrier providing insurance on that vehicle, and found to be in acceptable condition. Any use by a licensed taxicab business or commercial transportation business of a vehicle as a taxicab or commercial vehicle prior to its having been inspected and approved in accordance with these requirements shall constitute grounds for revocation of the license of said taxicab business or commercial transportation business. It shall be unlawful to substitute equipment or parts subsequent to inspection unless such substituted equipment or parts are in equal or better condition than the equipment or parts being substituted or replaced. 4.4.7 INSURANCE REQUIRED: Before issuing any person a license as a taxicab business or commercial transportation business, such person shall file with the City Clerk public liability and property damage insurance with some good and reliable insurance company for the vehicle being utilized for such taxicab or commercial transportation service, with combined single limits of Three Hundred Thousand Dollars ($300,000), or with split limits of not less than One Hundred Thousand Dollars ($100,000) for personal injuries to one (1) person; and not less than Three Hundred Thousand Dollars ($300,000) for personal injuries caused by any one accident and not less than Fifty Thousand Dollars ($50,000.00) for property damage caused by any one accident. No person shall provide a taxicab or commercial transportation service without underinsured and uninsured motorist insurance for the vehicle being utilized in such service. The City shall not issue a license to any applicant for a taxicab business or commercial transportation business until the applicant has furnished proof satisfactory to the Clerk that insurance of the type and in the amount required by this Chapter has been purchased for the vehicle to be utilized in such taxicab or commercial transportation business service and that the City has been made an insurance certificate holder in such insurance. Page 7 of 11 Ordinance 913 Taxicabs April 25, 2013 4.4.8 UNLAWFUL PRACTICES: It shall be unlawful for any person to: A. Permit or allow any person to ride on the fenders, hood, or any place on the outside of a taxicab or commercial transportation vehicle; B. Permit more persons to be carried in a taxicab or commercial transportation vehicle as passengers than the rated seated capacity of the taxicab or commercial vehicle; C. Verbally attempt to divert patronage from one hotel, motel, or business to another unless requested by the customer; D. Violate any parking laws, rules, regulations, or management practices authorized by law regulating parking within the city; E. Permit any person other than a person licensed by this chapter to operate or drive a taxicab or commercial transportation vehicle while in service; F. Solicit any person, assist in the solicitation of any person, or participate in any illicit, immoral, or unlawful sex act; G. Operate or drive a taxicab or commercial transportation vehicle while consuming, or affected in any way by, any alcoholic beverage, illegal drug, or legal drug which impairs the ability to operate a motor vehicle; or to sell, provide, or buy for, any alcoholic beverage or illegal drug to a passenger; H. Fail or neglect to visually display in the vehicle while driving, operating, or having charge of a taxicab or commercial transportation vehicle within the city limits the following: 1. Business license, 2. Taxicab or commercial transportation driver's license, and 3. Idaho driver's license I. Permit use or possession of his/her taxicab or commercial transportation vehicle license by another. J. Fail or refuse upon demand of any city officer, police officer, peace officer, sheriff, sheriff deputy, or passenger to exhibit his/her taxicab or commercial transportation vehicle license for inspection; K. Solicit passengers or business for the taxicabs, limousine service, shuttle service, touring vehicle service, or a particular commercial transportation vehicle except by lawful Page 8 of 11 Ordinance 913 Taxicabs April 25, 2013 advertisement, handheld signs seeking to establish contact with a prearranged passenger or passengers, or some other lawful means; L. Charge any passenger a fare, fee, or rate in excess of the fare, fee, or rates agreed upon between the passenger and business; M. Misrepresent the nature or purpose of the service being provided. 4.4.9 SIGNS, DESIGNATION AND INSPECTION: All vehicles licensed and used by any taxicab business or commercial transportation business shall be designated as such and identifiable by a sign on both sides of the vehicle or by a top light stating that the vehicle is a taxicab or commercial transportation service. The vehicles shall be subject to periodic inspections as required by the insurance carrier in order to ensure that the vehicles and equipment are being maintained in a proper manner for the safety of the public. Copies of the annual inspections must be submitted to the Clerk's office upon license renewal. Failure to meet the minimum reasonable standards of safety will cause the vehicle to be ordered out of service until repaired or replaced. 4.4.10 INACCURATE TAXIMETERS PROHIBITED: The use of any inaccurate taximeter is prohibited. It is the duty of the taxicab business licensee to keep taximeters accurate, and taximeters are subject to inspection at all times by the chief of police or his/her authorized representative. 4.4.11 TAXIMETERS OPTIONAL; SCHEDULE OF FLAT RATE FARES; EXCEPTION: It is unlawful for any driver or operator of any taxicab to present his/her vehicle as a taxicab unless it is either equipped with a taximeter in working order duly inspected and approved as in this chapter provided, or posted with a schedule of flat rate fares which signify the fare charged per person for a one-way ride. Taxicabs may have both taximeters and a schedule of flat rate fares and it shall be the duty of the driver or operator to clearly indicate to the passenger(s) at the beginning of the ride whether the passenger is being charged by using the taximeter or by a flat rate fare. Each passenger in the taxicab may be charged the flat rate fare. 4.4.12 SMOKING PROHIBITED WHILE TAXICAB SERVICE IS BEING PROVIDED: Smoking in taxicabs shall be prohibited at all times any passenger is present during the provision of taxicab service. 4.4.13 FARE: Fares charged by a person receiving a taxi or commercial transportation services business license shall be no greater than those agreed upon by the passenger and the business. Fares, rates, and fees must be specified in sufficient detail and prominently displayed to allow the passenger to Page 9 of 11 Ordinance 913 Taxicabs April 25, 2013 make an informed decision about the total fare, rate, or fee to be paid prior to or following service. Any additional fares, rates, or fees and the circumstances under which such fees or fares may be assessed must be made known and available to the passenger prior to service. All drivers of a taxi or commercial transportation vehicles employed to carry passengers to a definite point shall take the most direct route possible that will carry the passenger safely and expeditiously to his/her destination, and no other method or means of measuring or computing distance or time shall be used or employed except as set forth in this chapter. 4.4.14 REVOCATION OF TAXICAB OR COMMERCIAL TRANSPORTATION BUSINESS LICENSE: Failure upon the part of any person possessing a taxicab or commercial transportation business license to comply with the provisions of this chapter, the traffic rules and regulations of the city and the state and the laws of the city and state, shall be just and sufficient cause for revoking the license. A report by the Chief of Police shall be submitted to Council setting forth violations that have occurred. 4.4.15 DRIVERS TO BE LICENSED: It is unlawful for the owner of any taxicab or commercial transportation business to permit any taxicab or commercial transportation vehicle to be driven upon the streets of the city by any person without such person being licensed as a taxicab driver or commercial transportation driver. This provision does not apply to the taxicab or commercial transportation vehicle not in service. 4.4.16 COLORED COPY OF DRIVER'S LICENSE TO ACCOMPANY TAXICAB OR COMMERCIAL TRANSPORTATION DRIVER'S APPLICATION: Each applicant for a taxicab or commercial transportation driver's license must file with his/her application a colored copy of his/her driver's license. The photograph shall be so attached that it cannot be removed and another photograph substituted without detection. Each licensed driver shall at all times have his/her driver's license with him/her and shall exhibit the same upon request. 4.4.17 TAXICAB OR COMMERCIAL TRANSPORTATION DRIVER'S LICENSE AND RENEWAL: Upon compliance with the foregoing provisions, a taxicab or commercial transportation license shall be issued in such form as to contain a colored copy of his/her driver's license and also the signature of the licensee. Such license shall be issued as of the issuance date and shall be valid to and including December 31 of the year issued; once a license has been obtained, license will be from January 1 to December 31 of each and every year unless sooner revoked by the city or surrendered by the holder. Page 10 of 11 Ordinance 913 Taxicabs April 25, 2013 4.4.18 REVOCATION OF DRIVER'S LICENSE: A taxicab or commercial transportation driver's license may be revoked by the City Clerk upon recommendation of the Chief of Police and upon violation of traffic rules and regulations, including, but not limited to, suspension of state driver's license, conviction of a DUI or any grounds specified in section 4.4.5 of this chapter. 4.4.19 APPEALS: Appeals of any decision of the City Clerk pursuant to this chapter shall be submitted in writing to the City Clerk's office within ten (10) days of said decision, and shall be heard by the City Manager. Section 3: If any provisions of this Ordinance shall be deemed illegal or unenforceable, such determination shall not operate to invalidate the remaining provisions of this Ordinance. Section 4: EFFECTIVE DATE: This Ordinance or a summary thereof, shall be published once in the official newspaper of the City, and shall take effect upon its passage, approval and publication. PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 25 DAY OF APRIL, 2013. Donald =: ai ey, Mayor ATTEST: BY: BessieJo W. ter, City C/rk Page 11 of 11 Ordinance 913 Taxicabs April 25, 2013 A SUMMARY OF ORDINANCE NO.913 PASSED BY THE CITY OF McCALL, IDAHO AN ORDINANCE OF THE CITY OF MCCALL, VALLEY COUNTY, IDAHO, REPEALING IN ITS ENTIRETY SECTION 21, CHAPTER 3, OF TITLE 4 TAXICABS LICENSE FEE, AND ENACTING A NEW CHAPTER 4 OF TITLE 4 TO BE ENTITLED TAXICABS AND COMMERCIAL TRANSPORTATION SERVICES OF THE MCCALL CITY CODE; AND PROVIDING AN EFFECTIVE DATE. The principal provisions of this ordinance • REPEAL Section 4-3-21, Taxicabs License Fee, of the McCall City Code in its entirety • ENACT Chapter 4, entitled Taxicabs and Commercial Transportation Services, to Title 4, Business Regulations, establishing the guidelines for regulating and maintaining a taxicab and/or transportation service business within the city of McCall, Idaho • REPLACE current Chapter 4, Pool And Billiards, of Title 4, Business Regulations, with the newly enacted Chapter 4, Taxicabs and Commercial Transportation Services • Section 4.4.1, Statement Of Purpose And Findings; Definitions, states the objectives of the City to provide for the public health, safety and welfare by requiring safe vehicles, trustworthy drivers, and insurance on vehicles involved in commercial transportation; defines "Applicant," "Bus," "Commercial Transportation Services Business Driver's License," "Commercial Transportation Services Business License," "Commercial Transportation Vehicle," "Courtesy Vehicles Service," "Driver," "Fare," "Licensing Office," "Limousine Service," "Persons," "Prearranged Appointment," "Schedule of Flat Rate Fares," "Shuttle Services," "Taxicab," "Taximeter," and "Touring Vehicle Services" • Section 4.4.2, License Required; Taxicab Business Or Commercial Transportation Business, requires a business license issued by the City to operate a taxicab or commercial transportation business • Section 4.4.3, Application, describes the process to apply for a business license • Section 4.4.4, Fees, provides for the payment of all required license fees upon filing the application for a business license Page 1 of 3 Ordinance 913 Summary April 25, 2013 " Section 4.4.5, Investigation And License Required; Taxi Or Commercial Transportation Driver's License, requires a taxicab or commercial transportation vehicle driver's license for any person to drive a taxicab or commercial transportation vehicle, establishes the requirements for a taxicab or commercial transportation vehicle driver's license including investigating criminal history and fingerprinting, defines conduct or circumstances for which a taxicab or commercial transportation vehicle driver's license will be denied " Section 4.4.6, Vehicle Inspection And License Required; Taxi Or Commercial Transportation Driver's License, provides for the inspection and acceptance of all vehicles to be used as taxicabs or commercial transportation vehicles, and for revocation of a business license for the use of such vehicles without having been inspected and accepted " Section 4.4.7, Insurance Required, requires public liability, property damage, and underinsured/uninsured motorist insurance with a good and reliable insurance company for any vehicle being utilized as a taxicab or commercial transportation vehicle prior to the issuance of any business license to operate, sets forth the minimum limits of required coverage " Section 4.4.8, Unlawful Practices, sets forth unlawful conduct in the operation of taxicabs or commercial transportation vehicles " Section 4.4.9, Signs, Designation And Inspection, requires that all vehicles licensed and used by any taxicab or commercial transportation business shall be identified by proper signage " Section 4.4.10, Inaccurate Taximeters Prohibited, prohibits the use of inaccurate taximeters, provides for their inspection at all times by the chief of police " Section 4.4.11, Taximeters Optional; Schedule Of Flat Rate Fares; Exception, allows taxicabs to be equipped with either a taximeter or posted with a schedule of flat rate fares, or both, provided the driver clearly indicates how the ride is being charged " Section 4.4.12, Smoking Prohibited While Taxicab Service Is Being Provided, prohibits smoking in taxicabs " Section 4.4.13, Fare, establishes how fares will be set and provides that drivers carrying passengers shall take the safest, most direct route to a destination Page 2 of 3 Ordinance 913 Summary April 25, 2013 " Section 4.4.14, Revocation Of Taxicab Or Commercial Transportation Business License, provides for the revocation of the business license for failure to comply with provisions of this Chapter 4, or local and state laws " Section 4.4.15, Drivers to Be Licensed, provides that drivers of taxicabs or commercial transportation vehicles, while in service, shall possess proper licenses " Section 4.4.16, Colored Copy Of Driver's License To Accompany Taxicab Or Commercial Transportation Driver's Application, specifies that applicants for taxicab or commercial transportation drivers' licenses must provide a colored copy of their driver's license " Section 4.4.17, Taxicab Or Commercial Transportation Driver's License And Renewal, provides that taxicab or commercial transportation drivers' licenses shall expire on January 1 of each year unless sooner revoked by the city or surrendered by the holder " Section 4.4.18, Revocation Of Driver's License, provides for the revocation of a taxicab or commercial transportation driver's license upon the recommendation of the chief of police and the violation of certain traffic laws " Section 4.4.19, Appeals, provides the appeals process of any decision made pursuant to this Chapter 4 The Ordinance contains a severability clause and shall be effective upon its passage, approval, and publication as required by law. The full text of the Ordinance is available for review at City Hall and will be provided by the City Clerk to any citizen upon personal request, or can be viewed on the City website at www.mccall.id.us. PASSED AND APPROVED BY THE MAYOR AND COUNCIL OF THE CITY OF McCALL, IDAHO, THIS 25 DAY OF 3. Attest: BessieJo W '_'er, Ordinance 913 Summary April 25, 2013 Donald C. Bailey, MAYOR Y= z' E s ID P\\`e``���� ���� Page 3 of min ORDINANCE SUMMARY CERTIFICATION Ordinance No. 913 Certification of City Legal Advisor of the Summary prepared for the above -numbered Ordinance The undersigned City of McCall Legal Advisor, having reviewed the above - numbered Ordinance and the Summary for the above -numbered Ordinance, believes the Summary of the above -numbered Ordinance is true and complete and that it provides adequate notice to the public of the identity and principal provisions of the Ordinance. Dated this 25 day of April, 2013. Wm. F. Nichols