HomeMy WebLinkAboutORD 3022 2015-045321
RECORDED
11/18/2015 09:03 AM
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CHRIS YAMAMOTO BILL NO. 37
CANYON COUNTY RECORDER
Pgs=3 SDUPUIS NO FEE ORDINANCE NO.322
ORDINANCE
CALDWELL CITY OF
AN ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING
CHAPTER 06, ARTICLE 11, SECTION 06-11-299 BY ADDING REQUIREMENTS FOR
LICENSING OF TAXICABS OR COMMERCIAL VEHICLE DRIVERS WITHIN THE
CITY; 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 Council of the City of Caldwell, County of
Canyon, State of Idaho:
Section 1. That Chapter 6, Article 11, Section 06-11-29, of the Caldwell City Code,
containing the requirements for licensing of taxicabs or commercial vehicle drivers,be amended
as follows:
06-11-29: LICENSE REQUIRED; TAXICAB OR COMMERCIAL
TRANSPORTATION VEHICLE DRIVER'S LICENSE:
It is unlawful for any person to drive any taxicab or commercial transportation vehicle
upon the streets of the city without first complying with the following requirements and
obtaining a taxicab or commercial transportation vehicle driver's license.No person shall be
issued a license to drive, operate or have charge of a taxicab or commercial transportation
vehicle when that person:
(1)Is under the age of eighteen(18) years;
(2)Is required to register as a sex offender,pursuant to the sexual offender registration
notification and community right-to-know act,Idaho Code section 18-8301 et seq.,and/or
the juvenile sex offender registration notification and community right-to-know act,
Idaho Code section 18-8401 et seq.;
(3)Has ever been convicted of or pled guilty to any violent felony offense, including,but
not limited to aggravated assault aaaravated battery robbery homicide, aaaravated
arson kidnapning stalking rape or any felony of a sexual nature•
(3)(4)Has been,within€rve{33 ten 10 ears prior to the date of making application for
such license,arrested for charged with, 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 or for any
misdemeanor which if committed in the state of Idaho would have constituted a felony;
BILL NO. ,ORD.NO. -PAGE 1
LaHas 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:
A. Driving under the influence(DUI)or reckless driving;
B. The use of force against the persons or property of another;
C. The threat of force against the persons of another;
D. Theft or larceny;
E. The use,possession or sale of illicit drugs;
F. Possession of a concealed weapon;
G. Illicit sexual, lewd or obscene activity or materials, including, but not limited
to,violations of Idaho Code sections 18-919, 18-1515, 18-4103 through 4105,
or 18-4116;
H. Stalking,telephone harassment,or violations of protection orders or do not
contact orders; or
I. Contributing to the delinquency of a minor;
(-5^} Has, at the time of such application, an outstanding warrant;
(6)(aHas had a similar license revoked by the city or any other city of this state or of
the United States within the preceding five(5) years.
(8)Has violated this article, or any similar ordinance in the city or any other city of this
state or of the United States,within the precedinia five L51years without first obtaining
the requisite license.
(9)If a person fails to qualif y for a license for the sole reason that they have been arrested
for or charged with a felony or enumerated misdemeanor under subsection(4)or(5) of
this section, and the person can provide proof to the satisfaction of the police chief that
such arrest did not result in char es or any char es filed were dismissed or resulted in
acquittal,the gfty shall issue a license if the person otherwise qualifies.
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
BILL No. ,ORD.No. -PAGE 2
1'o r,epe,-tedly, v h cI Mg
habit"Lially t1ses intoxicati.tig liqtjolt-of" drugs, or w I cl iolaates t e laws reh,t*
to traffic or to this cat-ticle.
Section 2. "I"his orcirriance stiall be in lull, f"orce ancl eff"ect fro'n'l. aild. after its, passage,
approval, and publicatiott, according to law.,
S 1 0 T'his ordi 0 -1
c,efion 3 1 inance is hereby deckli-ed. to be severable. If zny portion of this
ordrii.cance, is clecl(ared i'l-iNcalid by a,court. of"coti,,,ipetent jurlsdiction the remamirig provisions s,hall
0 f 11, tbrce ari,d effect and shall 'be read to carry out tfie purposes of the ordinance
conti.nue in ti
be-,60re the clecla,ratlon c),17 Partial invalidity.
inances, resoluti(MIS orders and. part's thereof 1h,'i conflict herewith
Section 4: All ord'
are repe,,aled.
PASSED BY 14111'j.' COUNCIL OF 141E C."ITY' OF CAI-RWELIj, IDAHO, this LL2�
day of Novembet-,201.5.
r
APPROVED BY F MAXOR OF J'TIE CITY OF CALDWELLi, IDAHO, ffiis
day,of November,2015.
ATTEST:
-k,
Mayor Garret Nancolas City Clet
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Bn.,t,No. ORD.No. PAC F,31
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ORDINANCES OF THE CITY OF CALDWELL
NOTICE OF ADOPTION AND SUMMARY OF
ORDINANCE NO.3022
AN
ORDINANCE ENACTED BY THE CALDWELL CITY COUNCIL AMENDING CHAPTER
06,
ARTICLE 11, SECTION 06-11-29,BY ADDING REQUIREMENTS FOR LICENSING OF
TAXICABS OR COM ERCIAL VEHICLE DRIVERS WITHIN THE CITY;PROVIDING FOR
AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND REPEALING ALL
ORDINANCES, RESOLUTIONS, ORDERS AND PARTS THEREOF, IN CONFLICT
HEREWIM
Sects P
'on 1:Amends Chapter 6,Article 11,Section 06-11-29,by adding requirements to obtain a license in
the City of Caldwell in order to become a taxicab or commercial transportation vehicle driver.
Sections 2 through 4: Provides that this ordinance shall be in full force and effect from and after its
passage, approval,roval, and publication, according to law; provides for severability; repeals conflicting
�e
ordinances,resolutions,and orders.
Ordinance No. 3022 provides an effective date, which shall be on the 23rd day of November, 2015.
Ordinance No.3422 was passed by the Council and approved by the Mayor on the 16 day of November,
2015.15.The full text of the Ordinance is available at Caldwell City Hall,411 Blaine Strheet,Caldwell,Idaho
605. The Mayor and City Council approved the foregoing summary on the 16'h of November,
2 . a• the 23rd of November,2015,pursuant to Idaho Code§50-901A.
2015,for publication on
Mayor Garret Nancolas
ATTEST: Debbie Geyer,City Clerk
STATEMENT of LEGAL ADVISOR
I have reviewed the foregoing summary and'
believe that it provides a true and complete
summary of ordinance Igo. 3022 and provides
adequate notice to the public as to the contents
of such ordinance.
DATED this 1 e day of November,2015.
Mark Hilty,Attorney for City of Caldwell