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HomeMy WebLinkAbout2245 Operation of TaxicabsORDINANCE NO. ~~- AN ORDINANCE PROVIDING FOR THE OPERATION OF TAXICABS IN THE CITY OF ASHLAND, OREGON AND REPEALING ORDINANCE NO. 1746 AND ALL AMENDMENTS THERETO. THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. Chapter 6.28 of the Ashland Municipal Code shall be amended in its entirety, and shall read as follows: "Chapter 6.28 TAXICAB CERTIFICATION Sections~ 6.28.010 6.28.020 6.28.030 6.28.040 6 28 050 6 28 060 6 28 070 6 28 080 6 28 090 6 28 100 6 28 110 6 28 120 6 28 130 6 28 140 6 28 150 6 28 160 6 28 170 6 28 180 6 28 190 6 28 200 Purpose Definitions Certificate Required Transfer, Cancellation, Suspension, Revocation Surrender of Certificate Certificate Fees Inspection of Vehicles Taxicab Maintenance Operating Regulations Taxicab Equipment Approval of Drivers Insurance Hours of Service Rates Complaints Applications for Certification Applications - Information, Requirements Existing Operators - Effective Date Indemnification Violations - Penalty 6.28.010. PURPOSE. It is the purpose of this ordinance to require that those persons operating taxicabs do so in a safe, fair and efficient manner. The taxicab industry should be allowed to operate without unnecessary restraint, but because taxicabs constitute an essential part of the city's transporta- tion systems and because transportation so fundamentally affects the city's well-being and that of its citizens, some regulation is necessary to insure that the public safety is protected, the public need provided, and the public convenience promoted. The provisions contained herein should be applied and enforced in such a manner as require the taxicab industry to regulate itself, under city supervision, to promote innovation and adapt- tion to changing needs, and respond to economics of the market place, so long as the public interest is served thereby. 6.28.020 DEFINITIONS. As used in this Ordinance, the singular shall include the plural, and the masculine shall include the feminine. Except where the context clearly indi- cates otherwise, the following words shall mean: a. Certificate. A numbered certificate of public conveni- ence and necessity. b. Driver. Every person in direct and immediate possession or charge of operating any taxicab, either as an agent, employee or otherwise, of the owner, as owner or under the direction of the owner. c. Owner. Every person having use or control of any taxi- cab, whether as owner, lessee or otherwise. d. Street. Any street, alley, avenue, road, lane, highway or public place in the city commonly used for the purpose of public travel. e. Operate. Means to drive a vehicle, to use a vehicle in the conduct of business, to receive money from the use of a vehicle, or cause or allow another person to do the same. f. Taxicab. Means any vehicle which carries passengers for hire whose journey has originated in the city and where the destination and route may be controlled by a passenger and the fare is calculated on the basis of any combination of a initial fee, distance traveled, and delay. Any vehicle which has an appearance deceptively similar to a taxicab is a taxicab for the purposes of this chapter. Exceptions are: regular- route scheduled buses, bona fide State approved buses engaged in charter service with a seating capacity of more than twenty persons, the Ashland Senior Program van, and courtesy vehicles operated by hotels and motels as a convenience for registered guests only where charges are made, and on written approval of all certificate holders and subject to appeal to the City Council whose decision is final. 6.28.030 CERTIFICATE REQUIRED. In accord with the most recent census of the people who live in the City of Ashland, the City Council shall cause to be issued one (1) and only one (1) num- bered taxicab vehicle certificate for each of its five thousand (5,000) residents and no fraction thereof. No certificate may be issued to any person or taxicab company who has not complied with this Ordinance. 6.28.040 TRANSFER, CANCELLATION, SUSPENSION OR REVOCATION OF CERTIFICATE. a) No certificate may be sold, assigned, mortgaged or otherwise transferred without the consent of the City Council by resolution. The City Council may impose -2- b) c) conditions with respect to the transfer of a certificate as it may deem to be in the best interest of the public safety and the general welfare. An application for transfer of any certificate is sub- ject to the same terms, conditions, and requirements as the application for an original certificate. Any certificate may be suspended or revoked by the City Council after a hearing at which the certificate holder is given an opportunity to appear if any one or more of following conditions exist: 1. The owner's past record is unsatisfactory. 2. The owner ceases to operate any taxicab for a period of 15 consecutive days without obtaining permission for the cessation of such operation from the City Council. 3. The owner fails to operate the taxicab in accordance with the provisions of this Ordinance. 4. The taxicabs are operated at a rate of fare other than that filed with the City Recorder. 5. The owner fails to pay any of the fees or payments required to be paid by him by the provisions of this Ordinance. 6.28.050 SURRENDER OF CERTIFICATE. Any certificate suspended or revoked by the City Council shall be surrendered to the Police Chief and the operations of any taxicab covered by such certificate shall cease. Any owner who permanently retires any taxicab from taxicab service and does not replace it within 15 days shall immediately surrender any certificate granted for the operation of such taxicab to the Police Chief and the owner may not secure an additional certificate for the operation of any taxicab without making application therefor in the manner provided in this Ordinance. 6.28.060 CERTIFICATE FEES. No certificate may be issued or continue in operation until the applicant has paid to the City Recorder an annual license fee of $150.00 for each vehicle operated within the City. The annual license fee is due and payable on July 1 each year. 6.28.070 INSPECTION OF VEHICLES. Prior to the operation of any vehicle under the provision of this Ordinance, said vehicle shall be thoroughly examined and inspected by the Police Department and shall be found to be in safe operating condition, and shall be periodically inspected at such intervals and such locations as established by the Police Chief to insure the continued maintenance of safe operating conditions. -3- 6.28.080 TAXICAB I~INTENANCE. Any taxicab found to be unsafe or in any way unsuitable for taxicab service shall be ordered immediately out of service and before placed in service again it shall be put in a safe condition. Every vehicle operating under this Ordinance shall be kept in a clean and sanitary condition. 6.28.090 OPERATING REGULATIONS. a) Unless otherwise directed by the passenger, any taxicab driver employed to transport passengers to a definite point shall take the most direct route possible that will carry the passenger to his destination safely and expeditiously. b) Every driver, if requested, shall give a correct receipt upon payment of the correct fare. c) No person may refuse to pay the lawful taxicab fare as fixed in this Ordinance after employing or hiring the same. d) Whenever any taxicab is occupied by a passenger, the driver shall not permit any other person to occupy or ride in said taxicab except with consent of the original passenger. 6.28.100 EQUIPMENT. the following: Every taxicab shall be equipped with a) A taximeter in accurate operating condition with a lighted face which can be read at all times. b) A top light identifying it as a taxicab. c) The company name and telephone number where service can be requested displayed on the exterior of the vehicle. d) A "state of art" taxi radio on a clear coordinated taxicab radio frequency for customer comfort and rapid dispatching of calls for service. e) The certificate number issued by the City displayed on the exterior of the vehicle. f) Replacement vehicles shall comply with the provisions of this Ordinance. 6.28.110 APPROVAL OF DRIVERS. a) It shall be unlawful for any person to operate a taxicab in the City of Ashland unless he has pre- viously been approved by the Chief of Police in accord with the terms of this Ordinance. -4- b) Application for approval shall be made to the Chief of Police accompanied by the payment of a fee to the City of Ashland in the sum of ten dollars ($10.00) and shall set forth the name, address, age and Oregon driver's license number of the applicant. c) Applicant shall be fingerprinted by the Ashland Police Department. d) Applicant shall be without physical condition or mental defect which would, in the judgement of the Chief of Police, impair his ability to safely operate a taxicab, shall be (21) twenty-one years of age or more, and shall not have been convicted of any crimes involving moral turpitude or dishonesty. 6.28.120 INSURANCE. a) It shall be unlawful for a certificate holder to drive or operate or cause to permit to be driven or operated, any taxicab in the City of Ashland unless he shall have on file with the City Recorder, and shall keep in full force and effect a written certificate of a responsible and solvent insurance corporation authorized to write insurance policies in the State of Oregon, that it has issued to or for the benefit of the certificate holder, a taxi- cab liability policy which is in full force and effect, and designating therein taxicabs which may be driven or operated under this Ordinance. b) The taxicab liability insurance policy above required shall insure the certificate holder and any other person using or responsible for the use of any such taxicab, against loss from the liability imposed upon such operator of such taxicab by law for injury to, or death of, any person, or damage to property growing out of the maintenance, operation or ownership of any taxicabs, to the amount of fifty-thousand dollars ($50,000.00) for each person and with a maximum of one-hundred thousand ($100,000.00) for each occurrence for personal injury, and ten-thousand dollars ($10,000.00) for damage to property of another result- ing from any one occurrence. c) The certificate required in this Section shall state that it is not cancellable nor the coverage reducible except upon ten (10) days prior written notice thereof to the City Recorder. 6.128.130 HOURS OF SERVICE. Certificate holders shall maintain and have available taxicab service for citizens in the City of Ashland during each hour of every day of the year. 5 6.28.140 RATES. a) The rates to be charged to passengers shall be based on the factors of mileage from the point of origin to the point of destination by the most direct route, the time involved, and the number of passengers. Each taxicab operated shall be equipped with a taximeter which shall compute the rate. b) The rates charged passengers shall be filed with the City Recorder, and it shall be unlawful for any person to charge a sum other than has been filed. c) The rate schedule shall be posted in each taxicab in a place where it may be readily viewed by the passengers. d) The rate schedule shall include a discount in the same amount as provided by the Ashland Senior Program, and shall be applicable to persons qualify- ing for such program and to all persons over the age of eighty (80). 6.28.150 COMPLAINTS. The certificate holders shall maintain a record of all complaints received either in writing or by telephone and shall keep posted in a conspicuous place in the passenger compartment of each taxicab a statement setting forth the address and telephone number of the owners to which complaints should be directed and a notice that a record of all complaints shall be open to inspection and review by the City at any time on its request. 6.28.160 APPLICATIONS FOR CERTIFICATION. The City Council shall consider the following factors in determining whether or not to grant a person a vehicle certificate to do business as a taxicab company: a) The demonstrated need, as shown by the applicant for such permit, for additional taxicab service in the City that is not, or cannot be, accomplished by existing companies. b) The financial impact any additional certificate will have on the existing operator's ability to provide service as required by the provisions of this Ordinance. c) The probable effect of additional taxicab service on the earnings of employees, agents, or lessees of existing operators. d) No additional vehicle certificates shall be issued in any such cases, if such is to be unreasonably detrimental. -6- 6.28.170 APPLICATIONS-INFORMATION-REQUIrEMENTS. An appli- cation for a certificate of public convenzence and necessity shall be filed with the City Administrator, shall be verified under penalty of perjury, shall be accompanied by a receipt from the Director of Finance showing the payment of a non- refundable fee of two-hundred dollars ($200.00), and shall contain or be accompanied by information and documentation specified as follows: a) The name~ business address and residence address of the owner or person applying. b) The make, type, year of manufacture and seating capacity of the vehicle for which application for a certificate is made. c) A description of the proposed color scheme, insignia, trade style or any other distinguishing characteris- tics of the proposed vehicle design. d) A statement whether the applicant or any officers of the applicant have been convicted of any felony, misdemeanor or violation of any municipal ordinance or state law (other than minor traffic and parking offenses), the nature of the offense and the punishment or penalty assessed. e) The application shall include a policy of insurance in the manner and form required by this chapter from a responsible, solvent insurance carrier authorized to issue public liability and property damage insurance in the State of Oregon. f) Such other information as the City Council may deem necessary in all applications for the proper protection of the public. g) A financial statement prepared by a certified public accountant and a statement as to whether the applicant, person or corporation has any unpaid judgements standing against him, and if so, the nature of the acts or transactions giving rise to each judgement, the court in which it was rendered, and the amounts of any unpaid or unbonded judgement, and a statement of any bankruptcies, either personal or business, including the number, court and date of discharge. h) Before any vehicle application is acted upon by the City Council, the City Administrator shall have the Chief of Police make an investigation within 60 days from the date the application is filed. Upon comple- tion of such investigation the Police Chief shall report his findings ~n writing to the City Administrator. i) In determining whether the public convenience and necessity require the operation of a taxicab for which application is made, the City Council may hold a public hearing within 60 days from the date the appli- cation is filed. -7- 6.28.180 EXISTING OPERATORS-EFFECTIVE DATE. Each person or company and drivers thereof who is, on the effective date of this Ordinance, a licensed operator of taxicab service in the City of Ashland shall be entitled to a like number of certificates for taxicabs as are now being operated. The City Council shall waive the application and approval of drivers sections of this Ordinance, and allow reasonable time for such owners and operators to come into compliance with all other provisions and issue taxicab vehicle certificates to such taxicabs. 6.28.190 INDEMNIFICATION. a) Any recipient of a certificate of public conven- ience and necessity shall agree to pay all damages and penalties which the City may legally be required to pay as a result of granting a certificate and shall agree to defend and indemnify the City against all claims resulting from the granting of such a certificate. These damages or penalties shall include, but not be limited to, damage arising out of the operation or maintenance of a taxicab as authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this Ordinance. The certificate holder shall pay and, by its apolication and the granting of a certificate o~ public convenz~nce and necessity, specifically agrees that it will pay all necessary and reasonable expenses incurred by the City in defending itself against all damages and penalties mentioned in subsection (a) above, including but not limited to reasonable attorneys' fees. 6.28.200 VIOLATION-PENALTY. Any person, firm or corpora- tion which violates any provision of this Ordinance, or not being a certificate holder, operates a taxicab service from points originating within the City of Ashland shall be deemed guilty of a separate offense on each and every day or portion thereof during which any violation of any of the provisions of this title is committed, continued or permitted, and upon conviction of any such violation such person shall be punished as prescribed in Section 1.08.020 of the Code." SECTION 2. Ordinance No. 1746 and all amendments thereto are hereby repealed. -8- The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the /l~ day of ~g~ , 1983, and duly PASSED and ADOPTED this ~-'-~day of ~' ' 1983 ATTEST: Nan E .: Franklin City Recorder-Treasurer SIGNED and APPROVED this ~-day of'~"-'/~.~...~.~"~ , 1983. L. Gordon Medaris Mayor -9-