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HomeMy WebLinkAbout04-24 Taxicabs 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY OF PRIOR LAKE ORDINANCE NO. 04-24 AN ORDINANCE AMENDING SECTION 304 OF PRIOR LAKE CITY CODE REGULATING THE OPERATION OF TAXICABS WITHIN THE CITY OF PRIOR LAKE, AND AUTHORIZING SUMMARY PUBLICATION OF THE ORDINANCE. MOTION BY: PETERSEN SECOND BY: BLOMBERG The City Council of the City of Prior Lake does hereby ordain: 1. The Prior Lake City Code Section 304 is hereby amended in its entirety as follows: Subsections: 304.100: 304.200 304.300: 304.400: 304.500: 304.600: 304.700: 304.800: 304.900: 304.1000: SECTION 304 TAXICABS Purpose Definitions License Required; Application and License Fee Examination / Inspection of Taxicabs Issuance of Taxicab License Rates and Business Operations Taxicab Condition Taxicab Drivers Insurance Policies Violations and Penalties 304.100 nN' "f>1.i 1 PURPOSE: The purpose of this Section is to establish standards and licensure requirements for taxicab vehicles and taxicab owners. It is important to protect the health, safety and welfare of individuals who rely on taxicab service. Requiring taxicabs to be inspected for mechanical fitness, adequately insured, kept clean, that drivers are courteous and that fare meters operate correctly are the basis for the City requiring taxicabs to be licensed. www.cityofpriorlake.com Phone 952.447.4230 / Fax 952.447.4245 304.200 304.300 304.301 ON: 226341 DEFINITIONS: Unless otherwise expressly stated, whenever used in this Section, the following words shall have the meaning hereinafter set forth: Applicant: Means the individual or entity who is the owner of the taxicab who, if approved, will be the licensee. Licensee: Means the owner of the taxicab. Owner. Means any person owning or having control of the use of one or more taxicabs used for hire upon the streets or engaged in the business of operating a taxicab within the City. Person: Means an individual, natural person, corporation, partnership, association or any other form of legal entity. Street: Means any street, alley, avenue, court, bridge, lane or public place in the City. Taxicab: Means any motor vehicle engaged in the carrying of persons for hire, whether over a fixed route or not, and whether the same be operated from a street stand or subject to calls from a garage, or otherwise operated or hired. Taxicab Driver. Means any person who drives a taxicab whether such person be the owner of such taxicab or an individual employed by a taxicab owner. LICENSE REQUIRED/APPLlCA TION & LICENSE FEE: No owner shall pick up passengers within the City limits without having obtained an annual taxicab license under the provisions of this Section. (1 ) (2) Application: Each applicant for a new or renewal taxicab license shall apply to the City Manager for such license, on a form provided by the City, and must comply with the following provisions to the satisfaction of the City Council: Be a citizen of the United States, naturalized person or a legal immigrant of the United States; Be eighteen (18) years of age or over if a natural person, and in the case of any co-partnership, firm or corporation, must be authorized to operate taxicabs and carry on business in accordance with the laws of the State of Minnesota; (3) Must fill out, on forms provided by the City, that include, but are not limited to the following information: a. a statement covering each vehicle to be licensed; b. the name of each driver operating the taxicab vehicles; c. proof of valid chauffeur's license for each taxicab driver listed; d. the full name and address of the owner of the vehicle(s); e. the class and passenger-carrying capacity of each taxicab for which a license is desired; f. the length of time the taxicab has been in use, the make of car, the engine number, the serial number and the State license number; 2 304.302 304.303 304.304 g. whether the taxicab(s) is mortgaged, the name of the mortgagee and the amount of the mortgage; h. the name and address of the holder of legal title C1owner") to the taxicab if other than the applicant, whether the taxicab is leased, licensed or under any form of contract that permits the vehicle to be used and operated by some person other than the owner, what person collects the revenues from the operation of the taxicab and who pays the expenses of operating the taxicab; i. a copy of the taxicab inspection report; and j. the taxicab license fee. If the application is made by an individual owner, it shall be signed and sworn to by owner. If the application is made by a partnership, then it shall be signed and sworn to by one of the partners. If the application is made by a corporation, or other form of legal entity, then it shall be signed by an official duly authorized to execute documents and bind the corporation or legal entity. Issuance of Taxicab License: If the City Council is satisfied that an applicant has met the requirements for issuance of a taxicab license, the City Council may issue the applicant a taxicab license. The City Council may issue licenses in such numbers as it shall from time to time determine. (1) If the application is rejected, the applicant may request a personal appearance before the Taxicab Hearing Committee to offer evidence why his application should be reconsidered. (2) If the application is approved, the City shall issue a license to the applicant which shall bear the name, signature, and photograph of the applicant. (3) Upon approval, such license shall be in effect for the remainder of the calendar year and must be renewed annually. Basis for Denial of Taxicab License: (a) The Issuing Authority shall not issue a taxicab driver's license to anyone who has had his or her driving privileges suspended, revoked, or canceled within one (1) year of the date of application; provided, however, the License Section may issue a taxicab driver's license to a person who had his or her driving privileges suspended within one (1) year of the date of application if the suspension was based on nonpayment of a fine and the applicant has a currently valid driver's license. (b) The Issuing Authority, and the City Council upon appeal, may take the applicant's driving record into account in approving the license; and if it is found that the person is a habitually reckless or negligent driver or an habitual violator of the traffic laws, the Issuing Authority or City Council may deny issuance of the license or renewal. (c) Falsification of an application for a taxicab driver's license constitutes grounds for denial of the license or renewal. ON: 226341 3 304.305 304.400 304.500 304.600 304.601 304.602 304.603 DN: 226341 (d) No license shall be issued to an applicant who has been convicted of any crime or sex crimes directly relating to the occupation of taxicab driver, as defined by Minnesota Statutes, Section 364.03, subdivision 2, and has not shown competent evidence of sufficient rehabilitation and present fitness to perform the duties of the occupation of taxicab driver, as defined by Minnesota Statutes, Section 364.03, subdivision 3. Taxicab licenses are not transferable. EXAMINATION/INSPECTION OF TAXICAB: Each applicant for a new or renewal taxicab license shall provide a copy of a current vehicle inspection certificate confirming that the taxicab is in thoroughly safe condition for the transportation of passengers as of the date of the license application. The taxicab inspection must be performed by either: (1) a public safety agency within the Twin Cities metropolitan area including Anoka, Carver, Dakota, Hennepin, Ramsey and Scott counties, which conduct taxicab inspections; or (2) an inspection service authorized by the City. The applicant shall be responsible for the cost of the vehicle inspection certificate. LICENSE NUMBER AND DESIGNATION: There shall be delivered to the owner of every licensed taxicab, a license tag to be displayed on the taxicab in such manner as to be plainly visible from the front and rear passenger seats of said taxicab at all times. The owner of any taxicab shall also cause to be printed in plain, legible letters, displayed inside the taxicab, a card giving the number of the license and the maximum rates of fare to be charged. Every taxicab which solicits or accepts business on the streets of the City shall also have some designation of the character of the vehicle painted in plain visible letters on each side of the taxicab. RATES & BUSINESS OPERATIONS Rates: A schedule of the rates to be charged by the taxicab owners or operators must be filed with the City Manager at the time of obtaining the license, and such rates shall not be changed without notices to and approval of the City Council. No person shall charge or attempt to charge any passenger a rate or fare greater than that authorized in the fee schedule filed pursuant to this subsection. Payment of Fare Reauired: It shall be unlawful for any person to refuse to pay the legal fare of the taxicab after having hired the same, and it shall be unlawful for any person to hire any taxicab with the intent to defraud the person from whom it is hired of the value of such service. No taxicab driver shall deceive any passenger, who rides or inquires about taking a taxicab, about the approximate distance to their location or the estimated fare. 4 304.604 304.605 304.606 304.607 304.608 304.609 ON: 226341 Receipts: The driver of any taxicab shall upon demand by the passenger render a receipt for the amount charged on which shall be the name of the owner, the license or motor number, the amount of the meter reading or charges, and the date and time of the transaction. Passenaer Articles Left in Taxicab: If a passenger inadvertently leaves an article or package in a taxicab, the taxicab driver shall take the article to the office or central dispatch facility of hte taxicab owner. (a) Notice to Passenaer. Every effort shall be made to return the left article or package to the passenger. Based upon the address taken from the taxicab manifest, the owner shall, within 24 hours, send a postcard or letter to the address of the individual. The owner may also open the article , if the owner has reason to believe the article may contain information identifying the owner of the found article. (b) Maintenance of Lost and Found: Every taxicab owner shall maintain a "Lost and Found". All articles or packages not returned to the passenger pursuant ot the process identified in subsection 304.605(a) above, shall retain the article in its "Lost and Found" for 180 days. Taximeter Reauired: All taxicabs shall be equipped with taximeters which are visible to passengers at all times. After sundown, the face of the taximeter shall be illuminated. It shall be operated mechanically by a mechanism of standard design and construction, driven either from the transmission or from one of the front wheels by a flexible and permanently attached driving mechanism. It shall be sealed at all points and connections where manipulation would affect correct reading and recording. Each taximeter shall have thereon a flag to denote when the vehicle is employed or not employed. It shall be the duty of the driver to throw the flag into a non- recording position at the termination of each trip. Any inspector or other officer of the Police Department is hereby authorized to inspect any meter with or without complaint of any person. Upon discovery of any inaccuracy therein, the person operating said taxicab shall be notified to cease operation, and said taxicab shall be kept off the highways until the taximeter is repaired and in the required working condition. Manifests: Every taxicab driver shall maintain a daily manifest upon which are recorded all trips made each day showing the time and place of origin, the destination of each trip, and the amount of fare. All completed manifests shall be returned to the owner by the driver at the conclusion of the driver's shift. All manifests shall be available to the City Manager and the Police Department. Every licensee shall retain and preserve all drivers' manifests in a safe place for twenty-four (24) months. Passenaers: No more than two (2) persons in addition to the driver shall be carried in the front seat of any taxicab; and no more than a total number of five (5) passengers, excluding the driver, shall be carried in any taxicab. If the license vehicle is a van, seven (7) passengers are permitted. Ride Sharina: After picking up a passenger, no driver of any licensed taxicab shall pick up or load any other passenger without the consent of the first passenger. This shall not apply to groups traveling together. 5 304.700 304.701 304.800 304.801 304.900 304.901 304.902 ON: 226341 TAXICAB CONDITION: All taxicabs shall be maintained in a clean manner. The exterior shall be free from dirt and washed as needed. The interior of the taxicab shall be cleaned on a regular basis. There shall be no litter anywhere within the vehicle. The taxicab shall be free of odor. Radios and Music: Every taxicab driver shall ask their passenger if the passenger objects to any radio or music being played in the taxicab and inquire whether the volume is acceptable. A taxicab driver shall turn off the radio or music if the passenger objects, or reduce the volume if requested. TAXICAB DRIVERS: No person shall drive a taxicab in the City without first having been licensed as a chauffeur pursuant to the Minnesota State Statutes. Every driver shall, at all times, conspicuously display their chauffeur's license in such a manner so that it is plainly visible from the front and rear passenger seats of the taxicab. Taxicab drivers shall be clean and courteous at all times. INSURANCE POLICIES: No license shall be issued or continued in operation unless there is in full force and effect a liability insurance policy for each vehicle issued by an insurance company duly licensed by the State of Minnesota to transact business in Minnesota. Each vehicle shall be insured in the amount of $100,000.00 for bodily injury to anyone (1) person, $300,000.00 in injuries to more than one (1) person which are sustained in the same accident, and $50,000.00 for property damage resulting from one (1) accident. Said insurance shall inure to the benefit of any person injured or who sustains damage to property proximately caused by the negligence of the holder, their servant, or agents. The City shall be named as an additional insured on the policy, and the owner shall file with the City a certificate evidencing coverage prior to the issuance of the license. The certificate shall provide that the City shall be given fifteen (15) days notice prior to cancellation. Suspended or Revoked Insurance: A license shall automatically be deemed suspended and no owner or driver may operate a taxicab within the City of Prior Lake if the required insurance is cancelled, revoked or suspended. No Third Party Recourse: All taxicab licenses issued by the City shall be subject to the following provision. The licensee agrees that any party allegedly injured or aggrieved as a result of the City's issuance of a taxicab license shall seek recourse against the licensee, its servants, or agents. In all such actions the licensee shall indemnify and hold harmless the City against any and all claims, of whatever nature, asserted against the City. Further, the licensee shall indemnify and hold the City, its officers, agents, employees and City Attorney harmless against any costs incurred by the City, including attorneys' fees. 6 304.1000 304.1001 304.1002 304.1003 VIOLATIONS AND PENALTIES: Any person violating the provisions of this Section shall be guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine or by imprisonment, or by both, in accordance with the provisions of Minnesota State Statutes. Suspension and Revocation of Taxicab License: A license issued under this Section may be revoked or suspended by the City Manager if the licensee: (1) has violated any of the provisions of this Section; (2) discontinued operations for more than sixty (60) days; (3) has violated any City Code provisions or any law of the State of Minnesota which violation reflects unfavorably on the fitness of the licensee, its servants or agents to offer public transportation; or if (4) the City receives five (5) complaints from passengers, the public or the Police Department. Notice and Hearina: Before a license may be suspended or revoked, except as provided in Section 304.701, the licensee shall be provided with notice and an administrative hearing. The licensee shall receive ten (10) days' written notice, at the address provided on its license application, that a hearing will be held before the City Manager, Chief of Police and a third person, appointed by the City Manager, to consider the suspension or revocation of their license. The notice shall set out the grounds for the hearing and possible license suspension or revocation. Hearina: The hearing shall be recorded. The licensee may testify, provide evidence and ask questions concerning the allegations which are the basis for the hearing. The identity of any complainant shall be subject to the Minnesota Statute Chapter, the Minnesota Data Practices Act. The City Manager shall make written findings of the Hearing Committee's decision. The licensee shall be advised in writing within ten (10) days of the Hearing Committee's decision. If the Hearing Committee decides to suspend the license for a period of time, not to exceed forty-five (45) days, the term of the suspension shall be weighed against the severity of the infraction. Appeal: Any licensee whose license is suspended or revoked may appeal the decision of the Hearing Committee. The Notice of the Appeal shall be in writing and submitted to the City Manager within seven (7) days from the date on the letter to the licensee advising of the City Manager's decision. The notice of appeal shall be accompanied by fee of Fifty dollars ($50.00) to cover the cost of preparing materials for the City Council to consider during the appeal. The appeal shall be scheduled for the first Council meeting following completion by the City of the appeal materials. If the City Manager suspended a licensee, the suspension shall be stayed until the appeal is hear and decided by the City Council. The City Council shall make findings supporting its decision. This ordinance shall become effective from and after its passage and publication of the summary ordinance in the official newspaper. 304.1004 Passed by the City Council of the City of Prior Lake this 2nd day of August, 2004. ATTEST: ?JJ1-- City Manager ON: 226341 W:~ Mayor 7