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HomeMy WebLinkAboutORD 2796• . _ 0 BILL NO. 13 ORDINANCE NO. 2796 AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL REPEALING CHAPTER 6, ARTICLE 11 (TAXICABS) IN ITS ENTIRETY, SECTIONS 06 -11 -01 THROUGH 06 -11 -17 INCLUSIVE; ENACTING A NEW CHAPTER 6, ARTICLE 11 TO BE ENTITLED "TAXICABS," SECTIONS 06 -11 -01 THROUGH 06 -11 -37 INCLUSIVE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF IN CONFLICT HEREWITH. BE IT ORDAINED by the Mayor and City Council of the City of Caldwell, County of Canyon, State of Idaho: Section 1: That Chapter 6, Article 11 of the Caldwell City Code, Sections 06 -11 -01 through 06 -11 -17 inclusive, pertaining to the regulation of "Taxicabs," is hereby repealed in its entirety. Section 2: That a new Chapter 6, Article 11 of the Caldwell City Code, to be entitled "Taxicabs" is hereby enacted, passed and adopted, composed of Sections 06 -11 -01 through 06- 11-37 inclusive, as follows: 06 -11 -1: DEFINITIONS: The following terms as used in this chapter mean: TAXICAB: Any motor propelled vehicle, with a taximeter, used for transporting persons for compensation upon thoroughfares of the city, excluding such motor transportation commonly known as busses operating between fixed termini. TAXIMETER: An instrument attached to a taxicab by means of which the charge authorized for hire of such vehicle is mechanically calculated in dollars and cents either on a basis of distance traveled or for waiting time, or a combination thereof. 06 -11 -3: LICENSE REQUIRED; TAXICAB BUSINESS: It is unlawful to operate any taxicab business without first having obtained a license from the city clerk. The fee for said license shall be as set by resolution of the city council. ORDINANCE NO. 2796, Page —1 06 -11 -5: TAXICABS COMING INTO CITY: Nothing in this article shall be construed to prohibit any public passenger vehicle from coming into the city to discharge passengers accepted for transportation outside the city. However, it shall be unlawful for any taxicab not licensed by the city to come into the city to pick up a passenger unless that passenger is to return to that community in which the taxicab is licensed, and then only when such transportation has been arranged for in advance either by writing or by telephone. While said vehicle is in the city, no roof light shall be used to indicate that the vehicle is vacant or subject to hire. No person shall be solicited or accepted in said vehicle for transportation from any place within the city unless prearranged as indicated above. 06 -11 -7: INVESTIGATION: Upon receipt of an application for any license under this chapter the application shall be referred to the chief of police, who shall conduct an investigation as to the character and qualifications of the applicant. Fourteen (14) days is allowed for the chief to conduct the investigation and return his report and recommendation to the city clerk. 06 -11 -9: VEHICLE INSPECTION No vehicle shall be used as a taxicab until that vehicle has been inspected in accordance with the following requirements, and found to be in acceptable condition. Any use by a licensed taxicab business of a vehicle as a taxicab prior to its having been inspected and approved in accordance with these requirements shall constitute grounds for revocation of said taxicab business' license. It shall be unlawful to substitute equipment or parts subsequent to inspection unless such substituted equipment or parts are in equal or better condition than the equipment or parts being substituted or replaced. A. Mechanical: 1. Tires: Tires must not have cuts, breaks, or show excessive uneven wear. Tire wear bars must not be showing. Tire tread depth shall not be less than two /thirty- seconds (2/32) of an inch of an original tire. The vehicle must have a spare tire, fully inflated, and in the same condition as required above. Tires must all be of the same type (either radial or bias). 2. Body Condition: The body must be in good condition, free of holes and torn metal. Both a front and a rear bumper must be firmly attached. No extensive unrepaired body damage will be allowed. Vehicle shall be completely painted. 3. Lights: Headlights shall be intact and operable on both high and low beam. Tail lights, parking lights, brake lights, top light, and signal lights shall be intact and operable. An interior light capable of illuminating the interior shall be operable. 4. Wipers: Both windshield wipers shall be in good condition, and operable. ORDINANCE NO. 2796, Page — 2 5. Brakes: Both the parking brake and all four wheel brakes must be in good condition and operable. Brake shoes or pads must have a safe amount of wear left. Break pedal travel shall be no more than two and one half (2 1/2) inches. 6. Steering: There shall not be more than three inches of free play when turning the steering wheel from one side to the other. 7. Exhaust System: Mufflers shall not have any holes, and shall be firmly attached to the exhaust and tail pipes. Exhaust pipes shall be firmly attached to the engine, and free of leaks. Tail pipes shall extend beyond the passenger compartment, fully to the rear of the vehicle. All emission control devices shall be attached and in proper working order. 8. Windows: The windshield shall be free of cracks or chips that interfere with the driver's vision. Door windows shall be free of cracks and operable as they were intended by the manufacturer. 9. Door Handles: All door handles and latches shall be operable from both the inside and outside of the vehicle. 10. Seat Belts: The vehicle shall be equipped with sufficient seat belts to provide safety to each passenger, and be in accordance with Idaho law. 11. Suspension: The suspension system shall be maintained so that there are no broken or weak springs, or weak or defective shock absorbers. B. Appearance 1. Engine Compartment: The engine compartment shall be kept reasonably clean and free of uncontained combustible material. 2. Exterior: The exterior shall be kept clean and well maintained. 3. Interior: The interior shall be kept clean and free of litter. The seats and upholstery shall be kept clean and free of holes and tears. C. Inspection 1. The inspection and approval required herein of all vehicles intended to be used by the applicant as taxicabs shall be performed by a certified mechanic with a current certification from the National Institute for Automotive Service Excellence ( "ASE Certified "), prior to the issuance of a taxicab license, and annually thereafter, though compliance with the requirements of this section shall be maintained throughout the year. Upon completion of the inspection, the ASE Certified mechanic who performed the inspection shall complete and sign a form created for that purpose and obtained from the ORDINANCE NO. 2796, Page — 3 • . _ • office of the City Clerk, a copy of which shall be maintained within the approved vehicle at all times said vehicle is used for taxicab services. 2. Any time an additional or replacement vehicle is acquired by any taxicab business previously licensed hereunder, said vehicle shall not be used as a taxicab until an inspection of the vehicle has been performed and the vehicle has been found to be in acceptable condition. 3. No more than three (3) months prior to submittal of an application for renewal of a taxicab business license, each taxicab business licensed hereunder shall obtain new inspections and approvals for all taxicab vehicles in continued use. However, a new inspection shall not be required for any vehicle acquired by said taxicab business during the previous year, if the vehicle was inspected and approved by a certified mechanic within six months of submittal of the taxicab business' application for license renewal, 06- 11 -11: COUNCIL APPROVAL: Upon completion of the investigation and all other requirements for a taxicab business license the city clerk shall present to the council the application for their approval or disapproval. 06- 11 -13: INSURANCE REQUIRED: Before issuing any person a license as a taxicab business, such person shall file with the city clerk liability and property damage insurance on each taxicab as designated by council resolution. Proof of liability and property damage insurance on each taxicab vehicle subsequently acquired by any licensed taxicab business shall likewise be filed with the city clerk prior to use of said vehicle as a taxicab. The insurance coverage required by this section shall at all times be maintained for the full amount. The cancellation of any such insurance policy, or use of any taxicab vehicle not covered by an adequate policy, shall have the effect of suspending the license of any taxicab business covered thereby until a new policy or policies complying with the provisions of this section and council resolution is filed with the city clerk. 06- 11 -15: PUBLIC POSTING: The company shall post in each of its taxicabs in full view of the public being transported, the following: state car license no.; city license no.; name of owner; name of driver; and schedule of fares. 06- 11 -17: OVERLOADING PROHIBITED: It is unlawful for any person operating a taxicab to carry more persons than the manufacturer's rated seating capacity of the motor vehicle and not more than two (2) persons shall occupy the front seat with the driver. ORDINANCE NO. 2796, Page — 4 06- 11 -19: SIGNS, DESIGNATION AND INSPECTION: All vehicles licensed and used by any taxicab business shall be designated as such and identifiable by a sign on both sides of the vehicle or by a top light stating that the vehicle is a taxicab. The vehicles shall be subject to periodic inspections by the police department in order to ensure that the vehicles and equipment are being maintained in a proper manner for the safety of the public. Failure to meet the minimum reasonable standards of safety will cause the vehicle to be ordered out of service until repaired or replaced. 06- 11 -21: INACCURATE TAXIMETERS PROHIBITED: The use of any inaccurate taximeter is prohibited. It is the duty of the taxicab business licensee to keep taximeters accurate, and taximeters are subject to inspection at all times by the chief of police, or his authorized representative. 06- 11 -23: TAXIMETERS REQUIRED: It is unlawful for any driver or operator of any taxicab to present his vehicle as a taxicab unless it is equipped with a taximeter in working order, duly inspected and approved as in this chapter provided. 06- 11 -25: REVOCATION OF TAXICAB BUSINESS LICENSE: Failure upon the part of any person operating a taxicab business to comply with the provisions of this chapter, the traffic rules and regulations of the city and the state and the laws of the city and state, shall be just and sufficient cause for revoking the license. A report by the chief of police shall be submitted to the mayor and council setting forth violations that have occurred. 06- 11 -27: DRIVERS TO BE LICENSED: It is unlawful for the owner of any taxicab to permit any taxicab to be driven upon the streets of the city by any person without such person being licensed as a taxicab driver. The fee for a taxicab driver license shall be as set by resolution of city council. 06- 11 -29: LICENSE REQUIRED; TAXICAB DRIVER'S LICENSE: It is unlawful for any person to drive any taxicab upon the streets of the city without first complying with the following requirements and obtaining a taxicab driver's license. No person shall be issued a license to drive, operate or have charge of a taxicab when that person: A. Is under the age of eighteen (18) years; ORDINANCE NO. 2796, Page — 5 n U Ll B. Has been, within five (5) years prior to the date of making application for such license, convicted of, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgment, completed any sentence of confinement, or suffered the forfeiture of a bond for any felony; C. Has been, within five (5) years prior to the date of making application for such license, convicted of, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgment, completed any sentence of confinement, or suffered the forfeiture of a bond for any misdemeanor, involving; 1. Driving under the influence (DUI) or reckless driving; 2. The use of force against the persons or property of another; 3. The threat of force against the persons of another; 4. Theft or larceny; 5. The use, possession or sale of illicit drugs; 6. Possession of a concealed weapon; or 7. Illicit sexual activity. D. Has, at the time of such application an outstanding warrant; E. Has had a similar license revoked by the city or any other city of this state or of the United States with the preceding five (5) years. No license shall be granted to any applicant where satisfactory proof is submitted that such applicant operates motor vehicles in an unskilled, dangerous or reckless manner, or habitually uses intoxicating liquor or drugs, or who repeatedly violates the laws relating to traffic or to this chapter. 06- 11 -31: DOCUMENTS TO ACCOMPANY DRIVER'S APPLICATION: (a) Each applicant for a taxicab driver's license must file with his application one (1) recent passport-sized photograph of himself, a copy of which shall be included on the license when issued, the original being retained with the application filed with the city clerk. Each licensed driver shall at all times have his taxicab driver's license with him and shall exhibit the same upon request. (b) To determine the suitability of prospective applicants for a taxicab driver's license, the City Clerk shall require that each applicant submit with his application an official Idaho Driver's License Record, obtainable from the Idaho Transportation Department, and issued within thirty (30) days prior to the City Clerk's receipt of the ORDINANCE NO. 2796, Page — 6 application. Further, pursuant to Idaho Code § 67 -3008 and to congressional enactment Public Law 92 -544, each applicant shall request from the Idaho State Police, Bureau of Criminal Identification, a fingerprint -based national background check, understanding that said fingerprints will be submitted to the Federal Bureau of Investigation, and directing that the results be sent directly to the City Clerk of the City of Caldwell. The City Clerk is authorized to receive said criminal history information for the purpose of evaluating the applicant's fitness for licensing under this Article. As required by state and federal law, further dissemination or other use of the criminal history information is prohibited. (c) Each applicant shall submit with his application a copy of his current State of Idaho driver's license, current proof of insurance documentation for all vehicles to be driven by the applicant, and copies of vehicle registration for all vehicles to be driven by the applicant. 06- 11 -33: FORM OF TAXICAB DRIVER'S LICENSE: Upon compliance with the foregoing provisions, a license shall be issued in such form as to contain the photograph and also the signature of the licensee. Any licensee who defaces, removes or obliterates any official entry made upon his license shall be punished by the revocation of his license. Such license shall be valid as of the issuance date to and including the last day of December next thereafter, unless sooner revoked by the city or surrendered by the holder. The city clerk shall issue, in addition to the license, a reduced -size reproduction of the license which shall be prominently displayed in any taxicab driven by the licensee at all times. 06- 11 -35: RENEWAL OF LICENSES: Taxicab business licenses may be renewed from year to year by appropriate endorsement by the mayor and city council; taxicab driver's licenses may be renewed from year to year by the city clerk, upon submission to the City Clerk of an application for renewal with all required documentation. 06- 11 -37: REVOCATION OF TAXICAB DRIVER'S LICENSE: A taxicab driver's license may be revoked by the city clerk upon recommendation of the chief of police and upon violation of traffic rules and regulations, including, but not limited to, suspension of state driver's license, conviction of a DUI or any grounds specified in section 06 -11 -29 of this chapter. Section 3: This ordinance shall be in full force and in effect from and after its passage, approval and publication, according to law. Section 4: This ordinance is hereby declared to be severable. If any portion of this ordinance is declared invalid by a court of competent jurisdiction, the remaining provisions shall continue ORDINANCE NO. 2796, Page — 7 in full force and effect and shall be read to carry out the purposes of the ordinance before the declaration of partial invalidity. Section 5: All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. PASSED BY THE COUNCIL OF THE CITY OF CALDWELL, IDAHO, this 15th day of June, 2009. APPROVED BY THE MAYOR OF THE CITY OF CALDWELL, IDAHO, this 15th day of June, 2009. & L�j� Mayor Garret L. Nancolas ATTEST: City Clerk ORDINANCE NO. 2796, Page — 8