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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 " b re K 5-3-19 5-3-18 B. To accept hails from prospective passengers upon or along the streets of the City; or C. To loiter upon or about any premises within the City for the purpose of seeking or soliciting prospective passen- gers who have not engaged the limousine service or touring vehicle service by previous appointment; or D. To accept passengers other than by prearranged appoint- ment initiated by a prospective passenger or such passenger's authorized agent or representative; or E. To charge any passenger a fare, fee or rate other than as specified in the fare schedule approved for that commercial transportation vehicle under Section 5-3-6; or F. To occupy any parking space at the airport other than those provided for the general public or specifically designated by the Airport Commission or Airport Manager for use by a commercial transportation vehicle being operated as part of a limousine service or touring vehicle service; or G. 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 a part of a limousine ser- vice, or touring vehicle service, or regulating the conduct of persons operating or having charge of such commercial transportation vehicles on or about airport premises. 5-3-19: PENALTY: The violation of any of the previsions of this Chapter, or the failure or omission to perform any duty imposed by the provisions of this Chapter is hereby declared unlawful. and punishable as a misdemeanor. (Ord. 4918, 4-22-86) Law Offices of KILLEN PITTENGER & KERRICK, P.A. 200 East Park St. P.O. Box A.O. McCall, Idaho 83638 William M. Killen Gregory C. Pittenger Carl B. Kerrick To: Bud Schmidt From: Carl B. K.errick Re: Ordinance Governing Animal Drawn Vehicles April 15, 1991 Telephone: 634-7118 Area Code: 208 Please find attached a revised version of the above -referenced ordinance which requires a $25.00 license fee and provides for a one year term on the license. If you have any questions do not hesitate to give me a call.