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)