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HomeMy WebLinkAboutCity Council Ordinance 1962-01Village of Plymouth ORDINANCE NO. 62-1 An Ordinance Regulating and Licensing T axicabe in the vu. less of Plt106926 The Village Council of the Vil- lage of Plymouth do hereby or- dain as follows: Section 1. Definitions. The fol- lowing words and phrases when used in this ordinance have the meanings as set out herein: (a) The word "taxicab" shall mean and include any motor ve- hicle 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 calla from a garage, or otherwise oper- ated for hire except private auto liveries as herein defined but the term shall not include vehicles subject to control and regulation by the Railroad and Warehouse Commission or vehicles regularly used by undertakers in carrying on their business. (b) The word "street" shall mean and include any street, al- ley, avenue, court, bridge, lane or public place in the Village of Plymouth. (c) The words "taxicab drivar" F'.ail mean and include any per- son who drives a taxicab, whether such person be the owner of such taxicab or be employed by a taxicab owner or operator. (d) The word "operator" shall mean and include any person owning or having control of the use of one or more taxicabs used for hire upon the streets or en- gaged in the business of operating a taxicab within the Village. (e) The words "taxicab stand" shall mean and include any place along the curb or street or else- where which is exclusively re- served by the Village for the use of taxicabs. (f) The word "taximeter" shall mean and include any mechanical instrument or device by which the charge for hire of a taxicab is mechanically calculated, whe- ther by distance traveled or wait- ing time or by both, and upon which charge shall be indicated by figures. (g) The word "person" shall mean mv. include one or more persons -f either sex, natural per- sons, corporations, partnerships and associations. (h) The word "private auto livery" shall mean an automobile used to carry persons for hire other than by solicitation of busi- ness by cruising about the streets. (i) The word "call box stand" shall mean a place alongside a street, or elsewhere where the Village Council has authorized a holder of a certificate of publtc convenience and necessity to in- stall a telephone or call box for the taking of calls and the dis- patching of taxicabs.. (j) The word "certificate" shall mean a certificate of public con- venience and necessity issued by the Village Council authorizing the holder thereof to conduct a taxicab business in the Village of Plymouth. Section 2. Certificate of Public Convenience and Necessity Re- quired. No person shall operate or permit a taxicab owned or controlled by him to be operate:l as a vehicle for hire upon the streets of the Village of Plymouth without having first obtained a certificate of public convenience and necessity from the Village Council, provided that any taxi- cab licensed to operate in any other municipality of this state may carry passengers from said municipality where so licensed to any plane or point within the Village of Plymouth and may re- ceive passengers for carriage to such municipality where so li- censed, but owners and drivers of such vehicles shall not be per- mitted to solicit business in the Village of Plymouth, or other- wise operate a taxicab on the streets of such Village, without being licensed under the pro- visions of this Ordinance. Section 3. Application for Car. tifiaato. An application for a cer- tificate shall be filed with the Clerk upon forms provided by him; and said application shall be verified under oath and shall fur- nish the following information: (a) The name and address of by the Village Council, the Vil- the applicant. lage Council shall issue a certifi- (b) The financial status of the cate stating the name and address appacant, including the amounts of the applicant, the number of of all unpaid judgments against vehicles authorized under said the applicant and the nature of certificate and the date of issu- the transaction or acts giving rise ance; otherwise, the application to said judgments. shall be denied. (c) The experience of the ap- in making the above findings, plicant in the transportation of The Village Council shall take passengers. into consideration the number of (d) Any facts which the appli- taxicabs already in opt -ration, cant believes tend to prove that whether existing transportation is public convenience and necessity adequate to meet the public need, require the granting of a certi- the probable effect of increased ficate. service on local traffic conditions, (e) The number of vehicles to and the character, experience and be operated or controlled by the responsibility of the applicant. applicant and the location of pro- Section 5. Ind*mnity Bond or posed open stands and call box Liability insurance Required. No stands, certificate of public convenience (f) The color scheme or insig- and necessity shall be issued or nia to be used to designate the continued in operation unless vehicle or vehicles of the appli- there is in full force and effect a cant, liability insurance policy issued (g) Such further information by an insurance company author. as the Village Council may from izeti to do business in the State time to time require. of Minnesota for each vehicle �f (h) ]dust provide a statement authorized in the amount of fifty � � :.• ,_ � .. covering each vehicle to be so li- thousand dollars for bodily in- celnaed, giving the full name and jury t any one person; is the amount a amoone hundred thousand addrm of the owner; the class dollars for injuries more than and pamenger-carrying capacity of each vehicle for which a li- one person which are sustained r cense is desired; the length of sthe same accident and ten thou - time the vehicle has been in a sand dollars for property damage use; the make of car; the engine resulting from any one accident. Said policy or certificate of the number; the aerial number and insurer showing issuance of the the state license number; whether policy shall be filed the office the same is mortgaged, the name of the Village Clerk.. of the mortgagee and the amount Section B. License Fees for Cer- of said mortgage; also the holder dab Holm, No certificate of legal title to said motor vehicle shall be issued or continued in if other than the applicant; or operation unless the holder there. whether said vehicle is leased, li- of has paid au annual license fee censed, or under any form of for the right to engage in the contract permitted to be used and taxicab business of twenty dol - operated by some other person lars ($20.00) each year for each than the one holding legal title _ vehicle operated under a certi- thereto, and what person, firm ficate of public convenience and or corporation collects the reve- necessity. Said license fees shall nues from the operation of said be for the calendar year and shall taxicab and pays the expenses of be in addition to any other license operating the same. fees or charges established by Section 4. U u mm of Csrtifi- proper authority and applicable to cads. If the Council finds that fur- said holder of the vehicle or we- ther taxicab service in the Village hicles under his operation and of Plymouth is required by the control, public convenience and necessity Section 7. Transfer of CertiB- and that the applicant is fit, will- cafes. No certificate of public con- ing and able to perform such pub- venience and necessity may be lic transportation and to conform sold, assigned, mortgaged, or to the provisions of this Ordin- otherwise transferred without the ance and the rules promulgated consent of the Village Council. Section 8. Suspaeaion and Revo- cation of CortiScata. A certificate issued under the pi av zinns of this ordinan a may be revoked or sus- pended by the Village Council if the holder thereof has: (a) Violated any of the pro- visions of this ordinance. (b) Discontinued operations for more than sixty days. (c) Violated any ordinances of the Village of Plymouth, or the laws of the United States or the State of Minnesota, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation. Prior to suspension or revoca- tion, the holder shall be given no- tice of the proposed action to be taken and shall have an opportun- ity to be heard by the Village Council. Section g. Lkmmbw of Taxicab Dsfvera. Prior to the commence- ment of operation under this Or- dinance, the holder of a certificate shall furnish to the Village Clerk the names of all persons who will be operating taxicabs for the cer- tificate holder. Each of such per- sons shall be the holder of a valid chauffeur's license issued by the State of Minnesota. The Police Department shall conduct an in- vestigation of each such person and a report of such investigation shall be furnished to the Village Council together with the recom- mendation of the Chief of Police as to whether or not such persons should be permitted to operate taxicabs within the Village of Plymouth. Upon a finding by the Village Council that such persons are to be permitted to operate taxicabs within the Village, the Village Clerk shall issue a taxi- cab driver's license to such per- sons upon the payment by them to the Village of the sum of $5.00. Such licenses shall be valid for the calendar year in which issued and must be renewed at the com- mencement of each subsequent calendar year. It shall be unlaw- ful for any person to operate a taxicab within the Village of Ply- mouth for or on behalf of any certificate holder without having a valid taxicab driver's license in his possession. Section 10. Vehicles -- Equip- ment and Maintenance. The Council shall cause the Chief of the Police Department or some other employee on behalf of the Village thoroug'ily and i:arefuily to examine each taxicab before a license is granted to operate the *ame. No taxicab shall be licensed which does not comply with the following: (a) It must be in a thoroughly safe condition for the transpor- tation (if passengers. (b) It must be clean and of good appearance and well painted and varnished. (c) Such other examinations and tests of licensed taxicabs as may be ordered by the Council from time to time as it may deem advisable. Section 11. Designation of Tax- icabs. Each taxicab shall bear on the outside of each rear door, in Painted letters not less than four inches nor more than eight inches height, the name of the owner; and in addition, may bear an identifying design approved by the Village Council. No vehicle covered by the terms of this Or- dinance shall be licensed whose color scheme, identifying design, monogram, or insignia to be used thereon shall in the opinion of the Village Council conflict with or imitate any color scheme, ,iden- tifying design, monogram or in- signia used on a vehicle or vehi- cles already operating under the Ordinance, in such a manner as to be misleading or tend to de- ceive or defraud the public; and provided further, that if, after a license has been issued for a taxi- cab hereunder, the color scheme, identifying design, monogram, or insignia thereof is changed so as to be, in the opinion of the Vil- lage Council in conflict with or imitate any color scheme, identi- fying design, monogram, or lnsig- ia used by any other person, own- er or operator, in such a manner as to be misleading or tend to de- ceive the public, the license of or certificate covering such taxicab or taxicabs shall be suspended or revoked. Section 12. Taxlaseter Required. All taxicabs operated under the authority of this Ordinance shall be equipped with taximeters fas- tened in front of the passengers, visible to them at all times day and night; and, after sundown, the face of the taximeter shall be illuminated. Said taximeter 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 me- chanism. They shall be sealed at all points and connections which, if manipulated, would affect their correct reading and recording. Each taximeter shall have thereon a flap to denote when the vehicle is employed and when it is not emt=bayed; and it shall be the duty of the driver to throw the fin of such taximeter into a non -record- ing position at the termination of each trip. The said taximeters shall be subject to inspection from time to time by the Police Department. Any inspector or other officer of said department is hereby authorized either on com- plaint of any person or without such complaint, to inspect any meter and, upon discovery of any inaccuracy therein, to notify the person operating said taxicab to cease operation. Thereupon said taxicab shall be kept off the highways until the taximeter is repaired and in the required working condition. Section 13. Rain of Fare. Ev- ery taxicab operated under this ordinance shall have a rate card setting forth the authorised rates of fare displayed in such a place as to be in view of all passengers. Rates charged may not exceed taxicab rates which are lawful in the City of Minneapolis. Fare. It shall be unlawful for any person to hire any vehicle herein dented with intent to defraud the person from whom it is hire of the value of such service. Section 15. Opfer Stands. (a) The Village Council is here- by authorized and empowered to estrblish Open Stands in such place or places upon the streets of the Village of Plymouth as it deems necessary for the use of taxicabs operated in the Village. The Council shall not create an open stand without taking into consideration the need for such stands by the companies and the convenience to the general public. The Council shall prescribe the number of cabs that shall occupy such open stands. The Council shall not create an open stand in front of any place of business where the abutting property own- ers object to the same or where such stand would tend to create a traffic hazard. (b) Open stands shall be used come first served basis. The driv- er shall pull on to the open stand by the different drivers on a first from the rear and shall advance forward as the cabs ahead pull off. Drivers shall stay within five feet of their cabs; they shall not solicit passengers; or, engage in loud or boisterous talk while at an open stand. Nothing in this Ordinance shall be construed as preventing a passeger from board- ing the cab of his choice that is parked at open stands. Section 16. Call Box Stands. (a) The Village Council is hereby authorized and empow- ered to establish Call Box Stands upon the streets of the Village in such places as in its discretion it deems proper. A holder desiring to establah a Call Box Stand shall make written application to the Village Council. The applicant must attach to the application the writen approval of the abutting property owners of said space, consenting to the creation of such stand. Upon Ming of the applica- tion the Police Department shall thereafter file their written rec- ommendation to the Village Coun- cil. The Council shall then either grant or refuse the application. When a call box stand has been established as herein provided, it shall be used solely by the holder to whom the same was granted and his agents and servants and no other holder shall be permitted to use the same. (b) Use. A holder operating a call box stand as provided for in this Ordinance sh ill be allowed to have on duty A such stand. a starter, or other employee, for the purpose of assisting in the loading or unloading of passengers from cabs, for receiving calls and dis- patching cabs, and for soliciting passengers at such stand. The words "at such stand" shall mean that part of the sidewalk imme- diately adjacent to and of equal length with such call boa stand. Section 17. Prohihitloas of Oth. er Vehicles. Private or other vehicles for hire shall not at any time occupy the space upon the streets that has been established as either open stands or call box stands. SwU(,n 18. Berviae. All persons engaged in the Umicab business in the Village of Plymouth oper- ating under the provisions of this Ordinance shall reader an over- all service to the public desiring to use taxicab. Holders of certifi- cates of public convenience and necessity shall maintain a central place of business and keep the same open for such hours of each day as the Village Council may direct for the purpose of receiv- ing calls and dispatching cabs. They shall answer all calls re- ceived by them for services inside the corporate limits of the Village of Plymouth as soon as they can do so and if said services cannot be rendered within a reasonable time they shall then notify the prospective passengers how long it will be before the said call can be answered and give the reason therefor. Any holder who shall refuse to accept a call any- where in the corporate limits of the Viliage of Plymouth at any time when such holder has avail- able cabs; or who shall fail or refuse to give over-all service, shall be deemed a violator of this Ordinance. Section 19. Penaltle& Any per- son, firm or corporation that shall violate any of the provisions of this Ordinance, shall be guilty of a misdemeanor and upon convic- tion thereof shall be punish%i by a Me of not more than $10.00 or by imprisonment for not to ex- ceed 90 days for each offense. Section 30. P.ims *ve We. This Ordinance shall become effective upon its passage and imblication. Adopted by the Village Council March 6, 1963. (Sgd.) Thos. J. Keefe, Mayor ATTEST: H. T. Johnson, Village Clerk (3-18, '63)