HomeMy Public PortalAboutOrd. 583 - Supporting DocsWilliam M. Killen
Gregory C. Pittenger
Carl B. Kerrick
Law Offices of
KILLEN PITTENGER & KERRICK, P.A.
200 East Park St.
P.O. Box A.O.
McCall, Idaho 83638
April 16, 1991
TO: Bud Schmidt
FROM: Carl B. Kerrick CW6
RE: Horse Drawn Vehicle Ordinance
Telephone: 634-7118
Area Code: 208
Attached please find a copy of Boise City's Commercial
Transportation Services Ordinance which applies to horse
drawn vehicles among other things. I though you might like
to review it as it does contain provisions which are not in
our draft ordinance. In the event you feel any of the
provisions should be included in our ordinance, please
advise.
5-3-1
CHAPTER 3
COMMERCIAL TRANSPORTATION SERVICES
SECTION:
5-3-1
5-3- 1: Definitions
5-3- 2: License Required
5-3- 3: Insurance
5-3- 4: Business License Fee
5-3- 5: Autc Transportation Service; Approved Route
5-3- 6: Schedule of Fares
5-3- 7: License; Vehicle
5-3- 8: License; Transfer
5-3- 9: Vehicle; Inspection
5-3-10: Commercial Transportation Vehicle Driver's License
5-3-11: Driver's Application and Qualifications
5-3-12: Medical Certificate
5-3-13: Commercial Transportation Vehicle Drivers; License Fees
5-3-14: License Card
5-3-15: Renewal of Commercial Transportation Vehicle Driver's License
5-3-16: Duties of Commercial Transportation Vehicle Driver
5-3-17: Auto Transportation Service; Unlawful Practices
5-3-18: Limousine Service or Touring Vehicle Service; Unlawful
Practices
5-3-19: Penalty
5-3-1: DEFINITIONS: 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 include the singular
and words in the singular number include the plural number. The word
"shall" is always mandatory and not merely directory.
APPLICANT: Any Ferson making application for a license, or the renewal
thereof:
A. To operate and maintain a limousine service,;touringa
vehicle =secviee•=or auto transportation service; or
B. To operate or have charge of a ice;:imercial_transportation_..-.
�vehic-le.
AUTO TRANS- Any business operating one or more commercial transportation
PORTATION vehicles for the purpose of transporting passengers between
SERVICE: points cn a fixed and designated route at fares specified in
an approved schedule of fares and which indescriminately
accepts and discharges passengers at specified points upon
such fixed route.
i�.
5-3-1 5-3-1
COMMERCIAL :"Any-vehicie.;r powered by gasoline engine, electric motor,
TRANSPORTA- r._horse. drawn; or by any other means, ,116 d=-to--transpor_t._Fsssen
TION VEHICLE_-gers_fgr -fiire` - Includes vehicles used by a limousine ier-
vice, a touring vehicle service or an auto transportation
service. Does nct include Taxicabs.
DRIVER: Any person who drives or who is in actual physical control of
any Commercial Transportation Vehicle.
LICENSEE: Any person having a City license in full force and effect
issued hereunder for:
A. Operating and maintaining a touring vehicle service,
auto transportation service, or limousine service.
B. Operating and driving a commercial transportation
vehicle.
LICENSING The City Clerk.
OFFICER:
LIMOUSINE Any business operating one or more commercial transportation
SERVICE: vehicles, for hire by prearranged appointment only, at
hourly, daily or weekly rates as specified in an approved
schedule of fares which is conducted or maintained for the
purpose of providing luxury transportation with services
and/or amenities unique to a luxury service and not ordin-
arily provided by other transportation services carrying
passengers for hire, and which transports passengers between
points and over such routes as may be directed by a passen-
ger, and not on a fixed route.
Statement of Purpose: It is the intent of the regulations
governing limousine services to establish a separate category
of transportation service license to cover those services the
primary purpose of which is to provide, in addition to simple
tranportation, a mode of transportation offering luxuries,
services and/or amenities designed for the special or parti-
cular comfort, convenience or entertainment of the passenger
which are unique and not ordinarily available for hire.
PERSON: Any parson, firm, partnership, association, corporation, cm-
pany or any other organization of any kind.
TOURING VEHI- Any business operating one or more commercial transportation
CLE SERVICE: vehicles other than one rented without a driver, or a taxicab
or a limousine, or a publicly franchised bus or bus operated
by or on behalf of the City, used for the transportation of
more than four (4) passengers for hire for sight-seeing, edu-
cational tours or other such similar excursions, the charges
for which is 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.
1
5-3-2
5-3-2
5-3-2: LICENSE REQUIRED:
A. It shall be unlawful for any person to conduct, operate
or maintain, or permit to be conducted, operated or
maintained, or to participate in the conduct, operation
or maintenance of a touring vehicle service, auto trans-
portation service, or limousine service within the City
unless a valid business license therefor has been issued
as herein provided and said license is in full force and
effect.
B. Application for such license shall be made to the City
Licensing Officer in such form and manner as he/she may
prescribe, but the application shall include the name
and address of the applicant, and if a partnership, the
names and addresses of each partner, and if a corpora-
tion or -association, the names and addresses of the
principal stockholders; the name of the operating mana-
ger of the business; a statement of the number of vehi-
cles to be operated, a listed telephone number, and such
other information as may be required. An applicant who
was not licensed by this Chapter for the year
immediately preceding the current application shall be
required to be fingerprinted by an appropriate agency to
be designated by the Licensing Officer. Cost of taking
and processing such fingerprints shall be borne by the
applicant. (Ord. 5101, 8-9-88)
C. No person shall be issued a license to engage in the
business of operating and maintaining a limousine ser-
vice, auto transportation service or touring vehicle
service when that person:
1. Is not a person of good moral character;
2. Is under the age of eighteen (18) years;
3. Is not a bona fide owner of such business;
4. Has been, within three (3) years prior to the date
of making application for such license, convicted of,
paid any fine, been placed on probation, receVeda
deferred sentence, received a withheld judgment,
suf-
fered the forfeiture of a bond for failure to appear or
completed any sentence or confinement for any felony or
misdemeanor, except that the licensing authority may in
its discretion waive the disqualificatioprovideddn
the
ti
this subparagraph upon finding that byvirtueand the
nature of the crime committed by applicant
extent of his rehabilitation the applicant does not pose
a threat to the safety and health of passengers.
5. Has had a similar license revoked by this City or
any other city of this State or of the United States
within the past three (3) years.
LTI,,
Lj:
I
v:
5-3-2
5-3-3:
li
5-3-3
D. The affirmative showing required with respect to the
qualifications of an applicant shall also be required to
be made with respect to each partner of a partnership
applicant and to each incumbent officer, director or
member of the governing board of a corporation or asso-
ciation.
E. A 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.
F. Neither
service,
issued
license
present
INSURANCE:
a limousine service license, auto transportation
or touring vehicle service license shall be
unless it is determined that an additional
for either service is or will be required by
or future public convenience and necessity.
A. Each licensed commercial transportation vehicle oper-
ating within the City shall be insured under a vehicle
liability policy of insurance, issued by an insurance
carrier duly authorized to do business in the State,
which provides coverage in not less than the following
amounts: ten thousand dollars ($10,000.00) for bodily
injury to or death of one (1) person in any one (1)
accident, and subject to said limit for one (1) person,
twenty thousand dollars ($20,000.00) for bodily injury
to or death of two (2) or more persons in any one (1)
accident, and five thousand dollars ($5,000.00) for
injury to or destruction of the property of others in
any one (1) accident.
B. Each limousine service licensee, each touring vehicle
service licensee, and each auto transportation service
licensee shall tender to the License Officer a certifi-
cate of insurance designating the vehicle or vehicles
covered and certifying that insurance in the amounts
specified herein is in effect. The failure of any such
business licensee to tender such certificate shall be
grounds for revocation or suspension of the business
license under the provisions of Section 5-3-24.
C. No ciiunercial transportation vehicle license shall be
issued or renewed and no inspection decal shall be
issued until a certificate of insurance certifying that
the vehicle is insured as herein provided is tendered to
the License Officer.
5-3-3
5-3-6
D. Very limousine service licensee, touring vehicle ser-
vice licensee and every auto transportation service
licensee shall immediately notify the License Officer of
the voluntary or involuntary cancellation of any certi-
ficate of insurance on licensed vehicles. Failure to so
notify the License Officer shall be grounds for revoca-
tion or suspension of the business license under the
provisions of Section 5-3-24.
5-3-4: BUSINESS LICENSEE FEE:
conduct the business of maintaining and for a license to
service, touring vehicle service, or auto transportationand operating a limousine
City shall be accompanied by a license fee of ehundred service
dollars
(8150.00). The license fee herein required shall expire on June 30 of each
year. A renewal of such license shall be issued by the License Officer
upon payment of the license fee for the succeeding calendar year; provided,
however, that application for and payment of the license fee for any such
renewal shall be made on or before June 30 of the year for which such
renewal is deesired. A pa vvisional license may be issued pending completion
of the required
e
(Ord. 5101, 8-9-88)
5-3-5: AUTO TRANSPORTATION SERVICE; APPROVED ROUTE:
before receiving a�license to operate an auto Etr transportation
person,
service shall submit to the License Officer a map of the route to be served
thereby.portation
The route shall be of sufficient detail to show the streets and
public ways upon which the service shall operate, the s
passengers will embark and disembark pecific
g which ser-
vice will be � the time schedule duri points where
available, the approximate time each vehicle will reach each
designated stopping point upon the route, and the number of vehicles and
capacity of each vehicle.which will be in service during the scheduled
hours. The route shall be approved by the Licensing Officer and can there-
after be modified only with approval of the Licensing Officer.
5-3-6: SCHEDULE OF F
to operateULE an AR S:uto traery nsportation person before receiving a license
License Officet a schedule ofa fares on service shall submit to the
License
sOfic from anye designated stopping designating the fixed costs
routeerto traveling other designated ed opping point to the licensee'sapprovedrpprov
before anyreceivingstopping point on said route. Every
a license to operate a limousine service, or toung vehi-
cle service, shall submit to the License Officer a schedule of fares or
rates specifying in detail the rates to be charged for each vehicle and
specifying any additional fees or fares which passengers may be required to
pay and the circumstances under which such fees or fares may be assessed.
The schedule of fares shall be approved by the Licensing Officer and can
thereafter be modified only by the Licensing Officer. When approved, the
schedule of fares shall be maintained in each vehicle licensed for use as a
commercial transportation vehicle under this Chapter.
5-3-7
5-3-9
5-3-7: LICENSE; VEHICLE: It shall be unlawful to use, operate or
maintain any vehicle as a commercial transportation vehicle
upon the streets of the City unless and until a license is procured from
the License Officer for such vehicle so used, maintained or operated as a
commercial transportation vehicle. The application for such license shall
be made to the License Officer upon forms to be provided by him which
application shall show the make, model, seating capacity and State motor
vehicle license number of the vehicle and such other information the
License Officer may require.
The application shall be accompanied by the license fee of forty dollars
($40.00) for each vehicle and any license issued shall expire on June 30 of
each year. A renewal of a license once issued may be made from year to
year without new application by payment of the license fee to the License
Officer on or before June 30 of the year for which such renewal is desired.
5-3-8: LICENSE; TRANSFER: No license issued for the business of
operating a limousine service, touring vehicle service, or
auto transportation service and no vehicle license issued for an individual
commercial transportation vehicle may be transferred or leased, without the
approval and consent of the Licensing Officer, except that licenses for an
individual commercial transportation vehicle may be transferred to a new or
different vehicle upon application therefor to the License Officer. Such
application for a transfer of a commercial transportation vehicle license
shall contain the same information as is required upon application for a
commercial transportation vehicle license in the first instance. Applica-
tions for transfer of business licenses shall be accompanied by a fee of
one hundred fifty dollars ($150.00) for each such transfer required.
Applications for transfer of a commercial transportation vehicle license
shall be accompanied by a fifteen ($15.00).transfer fee plus a twenty-five
dollar ($25.00) inspection fee for each vehicle license transfer requested.
5-3-9: VEHICLE; INSPECTION: It shall be unlawful for any person to
operate and use, or permit or allow the operation and use of,
any vehicle as a commercial transportation vehicle upon the streets of the
City unless such vehicle shall have been inspected and approved. Said
inspection shall be made with respect to the brakes, lights, turn signals,
steering, sound devices, glass, mirror, exhaust system, windshield wipers,
tires and such other items of equipment as may be determined by the License
Officer. A11 vehicles shall be in compliance with City motor vehicle
emission regulations, and must have a valid certificate of compliance. All
vehicles shall be kept in good and proper mechanical order, and of sanitary
and good appearance inside and outside. Inspection of the mechanical,
safety and sanitary condition shall be made by a garage or an individual
designated by the License Officer for that purpose. All vehicles shall be
so inspected on or before the last day of June and on or before the last
day of every third month thereafter. An inspection fee of twenty-five
dollars ($.25.00) shall be charged for each commercial transportation
vehicle so inspected and shall be payable to the City Clerk's office on or
before the fifteenth day of each calendar quarter, except that the annual
commercial transportation vehicle license fee shall cover the inspection
fee for the first quarter of each calendar year. If, in the opinion of the
inspector, deficiencies exist that make the continued operation of the
J
5-3-9
5-3-11
vehicle hazardous to the health and safety of the occupants, the commercial
transportation vehicle license shall be suspended until the deficiencies
are corrected. If, however, deficiencies are found which are not immin-
ently hazardous, the inspector may issue a temporary permit stating the
deficiencies and permitting continued operation for fifteen (15) days while
the definiencies are corrected. When deficiencies are corrected the
cvruuercial transportation vehicle shall be submitted for reinspection. If
the reinspection requires elevation of the vehicle on a hoist to check
brakes, steering or exhaust system, there shall be a reinspection fee of
fifteen dollars ($15.00), but if reinspection does not require elevation
there shall be a five dollar ($5.00) charge. Any decision of the inspector
may be appealed in writing to the License Officer who shall, within two (2)
working days of receipt of the appeal, make or cause to be made a review of
the facts concerning the inspection with the appellant or his representa-
tive and the vehicle in question and may confirm, amend or reverse the
decision of the inspector. A failure to present a vehicle for inspection
or to make payment for the inspection in the time specified, or to correct
deficiencies within the fifteen (15) day temporary permit period, shall be
cause for the revocation of the vehicle license. (Ord. 5003, 5-26-87)
5-3-10: DRIVER'S LICENSE: Every person desiring to drive, operate or
have charge of a commercial transportation vehicle within the
City limits shall make application to the Licensing Officer for a license
so to do; such application shall be made upon blanks furnished by the
Licensing Officer and shall be filled out and signed by the applicant in
the applicant's handwriting.
5-3-11: DRIVER'S APPLICATION AND QUALIFICATIONS:
A. It shall be unlawful for any person to drive, operate or
have charge of a vehicle operated as a uJimercial trans-
portation vehicle unless a valid State of Idaho Chauf-
feur's license is held by the operator and a valid City
license therefor has been issued as provided herein and
both of which are in full force and effect.
B. Application for such City license shall be made to the
Licensing Officer in such form and manner as he may pre-
scribe but the application shall include the name and
address of the applicant, the length of time he has
resided in the City, the last place of employment with
the name and address of the employer, whether the appli-
cant has previously been licensed as a driver, and such
other information as may be required. Each application
shall be accompanied by two (2) photographs of the
applicant, the photographs to be of such a size that may
be easily attached to the application and to the license
card. An applicant who was not licensed by this Chapter
for the year immediately preceding the current
application shall be required to be fingerprinted by an
appropriate agency to be designated by the Licensing
Officer. Cost of taking and processing such
fingerprints shall be borne by the applicant. (Ord.
5101, 8-9-88)
5-3-11
5-3-15
C. Upon receipt of an application for a license the
Licensing Officer shall cause an investigation to be
made to the extent necessary to determine whether the
applicant is qualified to drive, operate or have charge
of a uuamercial transportation vehicle.
D. No person shall be issued a license to drive, operate or
have charge of a commercial transportation vehicle when
that person does not have the same qualifications as
provided by Section 5-3-2 of this Chapter to the extent
applicable. A license shall not be issued to a person
who at the time of application for renewal of a license
issued hereunder could not be eligible or qualified for
such license upon first application, and licensee must
continue to have the qualifications and none of the
disqualifications provided herein throughout the license
period.
5-3-12: MEDICAL CERTIFICATE: Every two years each applicant shall
submit with his application a medical certificate fran a
licensed physician that the applicant has good hearing, vision and general
health such that he is physically and mentally fit for the safe operation
of a commercial transportation vehicle.
5-3-13: COMMERCIAL TRANSPORTATION VEHICLE DRIVERS; LICENSE FEES:
Each applicant shall submit with his application the sum of
twenty dollars ($20.00). If an application is denied, no refund will be
given. A11 licenses issued under this Section shall expire on June 30 each
year.
5-3-14: LICENSE CARD: Upon approval of the driver's license applica-
tion, the License Officer shall issue a license card to the
applicant which shall contain the name and description of the licensee, and
shall also contain a photograph of the licensee attached thereto. Whenever
the licensee is driving, operating or in charge of any commercial transpor-
tation service vehicle, such license card must be in the possession of and
on the person of the licensee. A provisional license may be issued pending
completion of the required investigation. (Ord. 5101, 8-9-88)
5-3-15: RENEWAL OF COMMERCIAL TRANSPORTATION VEHICLE DRIVER'S
LICENSE: Each license shall be issued for the calendar year,
and must be renewed on or before June 30 of each year. Upon application to
the License Officer and payment of a renewal fee of fifteen dollars
($15.00), the License Officer shall issue a license card which shall be
identical to the card for the previous year except for the date of its
validity.
EtE
-471
771
5-3-16
5-3-17
5-3-16: DUTIES OF COMMERCIAL TRANSPORTATION VEHICLE DRIVER: It shall
be unlawful for any person conducting or carrying on the
business of operating a limousine service, touring vehicle service or auto
transportation service to permit any person to drive, operate or be in
charge of a commercial transportation vehicle in the City, except for main-
tenance or road test purposes, unless such person shall have obtained a
commercial transportation vehicle driver's license as herein provided, and
it shall be unlawful for any person to drive, operate cc be in charge of a
commercial transportation vehicle unless so licensed; and it shall be
unlawful for a licensee to fail or neglect to have his license card in his
possession at all times while driving, operating or having charge of a
commercial transportation vehicle within the City limits, or to permit the
use or possession of his license by another or fail or refuse upon demand
of any City officer, police officer, peace officer, sheriff, deputy sheriff
or passenger to exhibit his license for inspection.
5-3-17: AUTO TRANSPORTATION SERVICE; UNLAWFUL PRACTICES: It shall be
unlawful for any person driving or having charge of a commer-
cial transportation vehicle being operated as a Fart of an auto transporta-
tion service, and it shall be unlawful for any person arcing, conducting or
operating an auto transportation service to permit any driver or person
having charge of a commercial transportation vehicle being operated as part
of that auto transportation service:
A. To pick up or deliver passengers within the City at any
points other than those specified in the route desig-
nated and approved for service by the auto transporta-
tion service under the provisions of Section 5-3-5.
B. To charge any passenger a fare for transportation
between points along the commercial transportation
vehicle's approved route other than that specified in
the fare schedule approved for that commercial trans-
portation vehicle under Section 5-3-6 for transportation
between those points, or to charge a fare for transpor-
tation to or from any points other than those specified
in the route approved for service by the auto transpor-
tation service under Section 5-3-5.
C. To violate any rule or regulation promulgated by the
Airport Commission and approved by the Council regu-
lating the stopping, standing, parking or operation on
.-or about airport premises of commercial transportation
vehicles being operated as part of an auto transporta-
tion service or regulating the conduct of persons
operating or having charge of such commercial trans-
portation vehicles on or about airport premises.
o•
5-3-17 5-3-18
D. To operate any vehicle licensed as a commercial trans-
portation service vehicle under the provisions of this
Chapter before or after the hours approved for service
of that auto transportation service under Section 5-3-5.
E. To transport any person for a fare in a commercial
transportation vehicle licensed and operated as Fart of
an auto transportation service under the provisions of
this Chapter:
1. Fran outside the Boise City limits to any point
within the City, whether or not such disembarkation
point is approved for the autc transportation service
under Section 5-3-5; or
2. From any point within the Boise City limits,
whether or not such disembarkation point is approved for
the auto transportation service under Section 5-3-5, to
any point outside the City limits.
Provided, however, that it shall not be unlawful for an
auto transportation service to transport passengers for
a fare in a commercial transportation vehicle licensed
under this Chapter to or from the points specified in
subsection 1. and 2. herein if: 1) the route traveled
by the commercial transportation vehicle is authorized
by the appropriate licensing authorities; and 2) the
auto transportation service continues to service its
designated and approved route within the City and
operates sufficient licensed commercial transportation
vehicles to do so.
5-3-18: LIMOUSINE SERVICE OR TOURING VEHICLE SERVICE: UNLAWFUL
PRACTICES: It shall be unlawful for any person owning,
conducting, or operating a limousine service, or a touring vehicle service,
or any employee or agent of a limousine service, or a touring vehicle ser-
vice, or any person operating or having charge of a commercial transporta-
tion vehicle used in connection with a limousine service or a touring
vehicle service, and it shall be unlawful for any person arcing, conducting
or operating a limousine service or a touring vehicle service to permit any
employee or agent thereof or any driver or person having charge cf a comr
mercial transportation vehicle being operated as part of that service:
A. To solicit passengers or business for the limousine
service, touring vehicle service, or a particular
commercial transportation vehicle, either directly or
indirectly, except by lawful advertisement or ether
lawful commercially accepted business practice: or
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5 - 3 - 1 9
5 - 3 - 1 8
B . T o a c c e p t h a i l s f r o m p r o s p e c t i v e p a s s e n g e r s u p o n o r
a l o n g t h e s t r e e t s o f t h e C i t y ; o r
C . T o l o i t e r u p o n o r a b o u t a n y p r e m i s e s w i t h i n t h e C i t y f o r
t h e p u r p o s e o f s e e k i n g o r s o l i c i t i n g p r o s p e c t i v e p a s s e n -
g e r s w h o h a v e n o t e n g a g e d t h e l i m o u s i n e s e r v i c e o r
t o u r i n g v e h i c l e s e r v i c e b y p r e v i o u s a p p o i n t m e n t ; o r
D . T o a c c e p t p a s s e n g e r s o t h e r t h a n b y p r e a r r a n g e d a p p o i n t -
m e n t i n i t i a t e d b y a p r o s p e c t i v e p a s s e n g e r o r s u c h
p a s s e n g e r '