HomeMy WebLinkAboutCity Council Ordinance 1984-12ORDINANCE NO. 84-12
AN ORDINANCE RELATING TO BUSINESS AND TRADE
REGULATIONS; ADDING SECTION 1146 TO THE CITY CODE
AND REPEALING SECTION 1145 OF THE CODE
THE CITY COUNCIL OF PLYMOUTH ORDAINS:
Section 1. The Plymouth City Code is amended by adding
a new section to read:
Section 1146 - Taxicabs
1146.01. Definitions. Subdivision 1. For purposes of this
Section, the terms defined in this Subsection hav3 the
meanings given them.
Subd. 2. "Taxicab" means any motor vehicle 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 calls from a garage, or otherwise operated for
hire except private auto liveries as herein defined but the
term shall not include vehicles subject to control and
regulation by the Minnesota Public Utilities Commission or
vehicles regularly used by undertakers in carrying on their
business.
Subd. 3. "Street" means any street, alley, avenue,
court, bridge, lane or public place in the City.
Subd..4. "Taxicab driver" means any person who drives
a taxicab, either as the owner of the taxicab or as an
employee of a taxicab operator.
Subd. 5. "Operator" means any person owning or having
control of the use of one or more taxicabs used for hire
upon the streets or engaged in the business of operating a
taxicab within the City.
Subd. 6. "Taximeter" means any mechanical instrument
or device by which the charge for hire of a taxicab is
mechanically calculated, whether by distance traveled or
waiting time, or by both, and upon which charge shall be
indicated by figs res.
1146.03. Licens_ Required. No person shall operate or
permit a taxicak •,-ned or controlled by him to be operated
as a vehicle for .ire upon the streets of the City without
having first obtained a license from the City Clerk, pro-
vided that any taxj-2ab licensed to operate in any other
municipality of this state may carry passengers from said
municipality where so licensed to any place or point within
the City and may receive passengers for carriage to such
municipality where so licensed, but owners and drivers of
such vehicles shall not be permitted to solicit business in
the City or otherwise operate a taxicab on the streets of
the City, without being licensed under the provisions of
this Section.
1146.05. Application for License; Form; Oath; Contents. An
application for a license shall be filed with the City Clerk
upon forms supplied by the City. The application shall be
verified under oath and shall contain the following information:
(a) The name and address of the applicant.
(b) The financial status of the applicant, including
the amounts of all unpaid judgments against the
applicant and the nature of the transaction or
acts giving rise to said judgments.
(c) The experience of the applicant in the trans-
portation of passengers.
(d) The number of vehicles to be operated or con-
trolled by the applicant and the location of
proposed open stands and call box stands.
(e) The color scheme or insignia to be used to
designate the vehicle or vehicles of the
applicant.
(f) Such further information as the City Manager
may from time to time require.
(g) A statement covering each vehicle to be so
licensed giving the full name and address of
the owner; the class and passenger -carrying
capacity of each vehicle for which a license
is desired; the length of time the vehicle
has been in use; the make of car; the serial
number and the state license number; whether
the same is mortgaged; also the holder of
legal title to said motor vehicle if other
than the applicant; or i'iether said vehicle
is leased, licensed, or under any form of
contract permitted "-o be used and operated
by some other person than the one holding
legal title thereto, and what person, firm
or corporation collects the revenues from
the operation of said taxicab and pays the
expenses of operating the same.
MOM
1146.07. Issuance of License; Contents; Criteria. Sub-
division 1. If the City Manager finds that the applicant is
fit, experienced, responsible and willing and able to perform
such public transportation and to conform to the provisions
of this becti.on and the rules promulgated by the City Manager,
the City Clerk shall issue a license covering each vehicle
so licensed, and stating the name and address of the appli-
cant, the nunber of vehicles authorized under said license
and the date of issuance; otherwise, the application shall
be denied.
1145.09. Indemnity Bond or Liability Insurance Required;
Amount; Filing. No license shall be issued or continued in
operation unless there is in full force and effect a liability
insurance policy issued by an insurance company authorized
to do business in the State of Minnesota and acceptable to
the City of Plymouth for each vehicle authorized in the
amount of $1,000,000 for bodily injury, $500,000 per person
per accident and $100,000 property damage. Such policy must
be endorsed to show the City as an additional insured and
the City shall receive advance notice of not less than 30
days of the cancellation of coverage. Copies of such policy
shall be filed in the office of the City Clerk.
1146.11. License Fees; Amount; Period. No license shall be
issued or continued in operation unless the holder thereof
has paid the annual license fee set by Chapter X for each
vehicle operated by the holder. The license fees shall be
for the calendar year and shall be in addition to any other
license fees or charges established by proper authority and
applicable to said holder of the vehicle or vehicles under
his operation and control.
1146.13. Certificates Non -Transferable Without Consent of
City Manager. No license may be sold, assigned, mortgaged,
or otherwise transferred without the consent of the City
Manager.
1146.15. Suspension or Revocation of License; Grounds;
Notice; Hearing. A license issued under the provisions of
this Section may be revoked or suspended by the City Manager
if the holder thereof has:
(a) Violated any of the provisions of this Section.
(b) Discontinued operations for more than sixty days.
(c) Violated any laws of the City 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 transporta-
tion.
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Prior to suspension or revoga#ion, the holder shall be given
notice of the proposed action to be taken and shall have an
opportunity to be heard by the City Manager.
1146.17. Names of Operators to be Furnished; Driver's License
Required. Prior to the commencement of operation, the
holder of the license shall furnish to the City Clerk the
names of all persons who will be operating taxicabs for the
license holder. Each such person shall be the holder of a
valid driver's license issued by the State of Minnesota.
1146.19. Investigation of Operators; Taxicab Driver's
License Required. The police department shall conduct an
investigation -of each such person named as an operator and a
report of such investigation shall be furnished to the City
Manager together with the recommendation of the Director of
Public Safety as to whether or not such persons should be
permitted to operate taxicabs within the City. Upon a
finding by the City Manager that such persons are to be
permitted to operate taxicabs within the City, the Clerk
shall issue a taxicab driver's license to such persons upon
the payment of the fee set by Chapter X. The license shall
be valid for the calendar year in which issued and must be
renewed at the commencement of each subsequent calendar
year. It is unlawful for any person to operate a taxicab
within the City for or on behalf of any license holder
without having a valid taxicab driver's license in his
possession.
1146.21. Equipment and Maintenance of Taxicabs. The City
Manager shall direct the performance of a thorough and
careful examination of each taxicab before a license is
granted for its operation. The results of such examination
shall be reported to the City Clerk. No taxicab shall be
licensed which does not comply with the following:
(a) It must be in a thoroughly safe condition for the
transportation of passengers.
(b) It must :,e clean and of good appearance and well
painted.
(c) Such other examinations and tests of licensed
taxicabs as may he ordered by the City Manager
from time to time as he may deem advisable.
1146.23. Identifying Designations and Insignias on Taxicabs;
Requirements; A roval; Violations. Each licensed taxicab
sTiail bear on the outside o eac -rear door, in painted
letters not less than four inches nor more than eight inches
in height, the name of the owner. The taxicab may bear an
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identifying design approved by the City Manager. No vehicle
may be licensed as a taxicab whose color scheme, identifying
design, monogram, or insignia to be used thereon shall in
the opinion of the City Manager conflict with or imitate any
color scheme, identifying design, monogram or insignia used
on a vehicle or vehicles already operating under this Section,
in such a manner as to be misleading or tend to deceive or
defraud the public. If after a license has been issued for
a taxicab hereunder, the color scheme, identifying design,
monogram, or insignia thereof is changed so as to be, in the
opinion of the City Manager, in conflict with or imitate any
color scheme, identifying design, monogram or insignia used
by any other person, owner or operator, in such a manner as
to be misleading or tend to deceive the public, the license
covering such taxicab or taxicabs shall be suspended or
revoked.
1146.25. Taximeters Required; Specifications; Operation;
Ins ection. Taxicabs shall be equipped with taximeters
Tastened 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. The 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 mechanism, and shall be sealed at all points and
connections which, if manipulated, would effect their correct
reading and recording. The taximeter shall have thereon a
flap to denote when the vehicle is employed and when it is
not employed; and it shall be the duty of the driver to
throw the flag of such taximeter into a non -recording position
at the termination of each trip. 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 complaint of any person or without such
complaint, to inspect any meter and, upon discovery of any
inaccuracy therein, tc notify the person operating the
taxicab to cease operation, and the taxicab may not be
operated until the taximeter is repaired and in the required
working condition.
1146.27. Rates and Rate Cards. Every taxicab operated
under a license shall have a rate card setting forth the
authorized rates of fare displayed in such a place as to be
in view of all passengers.
1146.29. Failure to Pay Legal Fare Unlawful. It is unlawful
for any person to hire any vehicle herein defined with
intent to defraud the person from whom it is hired of the
value of such service.
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1146.31. Open Stands and Call Box Stands. No open stands
or call box stands may be maintained by any licensee upon
any street within the City.
1146.33. Duties of Persons Engaged in Taxicab Business.
Any person engaged in the taxicab business in the City
operating under a license shall rendez an overall service to
the public desiring to use taxicabs. Holders of licenses
shall maintain a central place of business and keep the same
open for such hours of each day as the Council may direct
for the purpose of receiving calls and dispatching cabs.
They shall answer all calls received by them for services
inside the corporate limits of the City 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. It is unlawful for
any holder of a license to refuse to accept a call anywhere
in the corporate limits of the City at any time when such
holder has available cabs, or to fail or refuse to give
over-all service.
Section 2. Section 1145 of the Code is repealed.
Section 3. This ordinance will take effect upon passage
and publication by the City Council.
Adopted the 21st day of May , 1984.
ATTEST:
City Clerk , Laurie Houk
Mayor , David J. Davenport
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