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HomeMy WebLinkAboutORDINANCE 1546-1993Ito. xs~a~~3 AN O~tDINANCE OF ,THE COUNCIL OF AMENDING.KENAI MUNICIPAL CODE, FOR-HIRE." WHEREAS, the City of Y~enai des. requirements for licensing for within the Citsy of Kenai; and, THE CITY OF KENAI, ALASKA, CHAPTER 20.05 ENTITLED, "V'EHICLES- Lres to better define the vehicles-for-hire which operate NOW, THEREFORE, ~3E IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 20.05 is amended as delineated on "Attachment A," which is attached hereto and made a part of this document. • • Introduced: Adopt®d: Effective: June 2, 1993 June 16, 1993 July 16, 1993 ,~ , .. ;.. ., ... ' ...'i.. K 5.,1 i `~ . , 1 \,~~~ - +- ~ 11.E i` tN ~ {: .. .. .. ., PASSED BY THE COUNCiL OF THE CITY OF KENAI, ALASKA, this 16th day of June, 1993. t ~. e TITLE 20 ~hatiters; ,0.05 Passenger Ve ~Cles for Hire._ 'Chapter 2Q.05 PASSENGER VEHICLES FOR HIRE ~J Rections: 20.05.010 Definitions. 20.05.020 License Required. 20.05.030 License. 20.05.040 License Plates and Numbers. 20.05.050 License Fees. 20.05.Ob0 Taxicab Cards and Rates. 20.05.070 Passenger Vehicles for Hire. 20.05.080 Public Liability Insurance. 20.05.090 Passenger Vehicles for Hire Computed. 20.05.100 Charter. 20.05.110 Penalty. Rates to be 20.05.010 Definitions: Unless otherwise expressly whenever used in this chapter, the following words shall meanings given to them by this section: tij "Passenger Vehicle for Hire," or "Vehicle" motor-driven passenger vehicle which is offered for hire [ . ) of which any part of the vehicle tr p_, s wit stated, have the means a public ~2j "Driver" shall mean and include any person who drives a Passenger Vehicle-for-Hire, whether such person be the owner of such Passenger vehicle-for-Hire or be employed by such a company. (3j "Company" shall mean and include any person owning or having control of the use of one or more Passenger Vehicle-for-Hire used for hire upon the streets or engaged in the business of operating a Passenger Vehicle-for-Hire within the City. ~4j "Stand" shall mean and include any place along the curb, Street, or elsewhere which is exclusively reserved by the City for the use of Passenger Vehicles-for-Hire. ~5j "Persons" shall mean and include ane or more persons of either sex, natural persons, corporations, partnerships, and associations. • ATTACHMENT A - PAGE 2 OF 4 ~~ ,;. :...: ~ . , .: j> " _ r a' ., 2. r 20.05.020 License Reauired: To operate a Passenger Vehicle-for-Hire within the City limits, a company shall. first obtain a license therefore by applying annually in writing to the ~,~y Clerk. Each applicant for a license shall apply upon. a fox~ra provided by the City and conform to the following: (a) Be a citizen of the United States. ` (b) Be of the age of nineteen years, or a duly quali,f~:ed corporation. (c) File a statement describing each vehicle to be so licensed, giving: (1) Full name and address of the ~c,~, owner ~.,~}g vehic~,e • (2) The class and passenger-carrying capacity of the vehicle. (3) The length of time the vehicle has been in use. (4j The make of the vehicle. (5) The engine number. (6) The serial number. (7j The State license number. (8) Whether said vehicle is leased, licensed, or under any form of contract. (9) What person, firm, or corporation collects the revenues from the operation of said vehicle and pays the expenses of operating the same. ~,,,1_Ql Leaal owner of vehicle-for-hire co~pany._ [ (10 j ] ,~.,~, [ PROOF ] Certificate of insurance . • li??. Certificate of Workmen's Compensation ~nsu~rances ass regu red by AS 23.10.055. si3), Co~v of Alaska Business License. .~41 Kenai Peninsula Borough Sales Tax Number. 20.05.030 e s Upon receipt of the above information, and payment of the required fee, the City Clerk shall issue a license. The license may not be transferred. 20.05.040 license P~,,ates nd,~umbers: (aj Each licsensed vehicle shall have attached to _it~g,,,~ront wands e~d~ o~n t_he _low~ left-hand, corner,, a stic er bear~q the license number of the vehicle and proper descriptive words, including the year for which the license was issued, by displaying the same on the windshield of the vehicle. Windshield stickers are distributed (b) Every vehicle accepting business from points originating within this municipality shall have [SOME] t~ designation of the character of the vehicle. as indica ed on the. license required under KMC 20.05.020, affixed or painted in plain visible letters on each side thereof. 20.05.050 Lic~,se ees: The applicant for a license, or license for an additional vehicle shall pay into the City treasury the sum set forth below. ATTACHMENT A - PAGE 3 CF 4 ;. :- _ . ,: ,. ,,. .- .. _. ~ __ ~. LL. ~.._ ..__.. _~_,.~._..,.___ .__ ~..~~_.__.~ ~.. ~ -__u. _..._~. _.~,...~4---~__ _.__..s ....~,.. _ _......... (a) A licensee shall pay a license fee of $250 per year which shall entitle said operator to one Passenger Vehicle-for- Hire. (b) Tn the event a licensee is licensed for more than one vehicle, then he shall pay $100 per year for each additional vehicle so authorized. (c) All 1 i censer sha 11 be for the term of [JUNE 3 Oth ] ~i~y ~ of one year until [JULY 1&T) Ju_n~,~Qth of the following year, or any segment thereof. (d) All taxes and other obligations due to the City and Borough must be current prior to license issuance or renewal. ,~g,Z, Licenses cannot be transferred and ,sense fe~,p cannot ~8~ ram 20.05.060 Passenger Vehicles-for-Hi~g ~~rds_and Rates: The operator of any Passenger Vehicle-for-Hire shall display inside the vehicle a card legible to a customer seated in the rearmost seat stating the license numbers, the maximum rates of fare, and a notice that any article left in the Passenger Vehicle-for-Hire must be returned to the City offices, where it may be identified and claimed. 20.05.070 Passenger Vehicle-for-Hire: Passenger Vehicles- for-Hire shall be parked at stands so designated for that purpose from time to time by the City Manager. No driver shall solicit passengers as fares. No driver shall dismount from his Passenger Vehicle-for-Hire at any time for the purpose of soliciting passengers, provided that this shall not prohibit any driver from assisting a passenger entering or dismounting from a vehicle. Only licensed vehicles shall be permitted to park at any stand. 20.05.080 Public Liability insurance: An operator shall file with the City Clerk evidence of insurance certifying the operator insured for liability for damages on account of bodily injury or death, or for damages to property resulting from the ownership, maintenance, or use of any Passenger Vehicles-for- Hire. The limit of such insurance policy shall not be less than $300,000 for combined single limit for all bodily injury, death, or property damage arising from one accident and $100,000 for all persons injured or dead fn any one accident caused by an uninsured motorist. Such policy shall be endorsed to give the City thirty (30) days' ,rt~e„~ notice of expiration or cancellation. 20.05.090 ~as~e~ger Vehicles-for-Hiram Rates to be Cglgg: The company shall meter all calls. The meters shall be the type or types commonly used throughout the United States. Inspection of such fares shall be monitored and approved by the State of Alaska, Division of Weights and Measures. No Vehicle-for-Hire shall be operated unless it is equipped with a meter in good gondition to record the amount to be charged on each trip, which amount shall be shown in figures visible to the passenger. Upon ATTACHMENT - A PAGE 4 OF 4 ,; .. .... 1 t. .~.~ .i .. .. ,.. - ._... ~., paying his fare, each passenger making a request therefore shall be.given a receipt showing the amount so-paid and .the name of the company or persona operating the Passeinger Vehicle~~or-H#.re, together with the number of the vehicle if such~compa~-y or person opea~ates . more khan one P~issenger Veh~.ale-for-Hirer- in .the City. 20..45.100 ~,h~,~s Notwit~stanc~in~g any pravisi4n contained.. ~in this chapter, nothing shall preclude negotia~sd chanter rates between a lie®nsee srd.a customer provided said arrangements.are ehtered . info at least three hours prior to tranep©rt being reindered and reduced to wr~,ting prior to transport. vehicles operating under charter need not be metered. ~~ 20.05.11Q gygna~; Any person violating any provisions of this chapter shall be gui~.ty of a violation and shall :upon conviction thereof be punished as provided for violations in KMC 13.05.010. • • i.. + ~~ ' 1. ( a I ~ f ~. ,.. , 4 • • • T4: Mayor and Council City of Kenai FROM: Carol L. Freas, City lark city of K®nai DATE: May 28, 1993 RE: 1CSNAI IKUAICIPAL GODS A year ago, I presented an ordinance to council to amend the Code in regard to vehicles-for-hire (cabs}. At that time, the aab company owners were unhappy with the proposed insurance requirements and other portions of the code. Many of their complaints were of portions already in place and part of the code for some time. The ordinance failed. Mayor Williams, cab company representatives, City Attorney Graves and I met and briefly discussed the proposed ordinance. It was decided that the cab company owners would meet, review the ordinance, and present changes to the city. Nothing was ever received from the cab companies. Cab permits will need to be renewed by July 1. Cab companies are required to have their sales taxes paid prior to the issuance of anew permit. The puzzle of whether the company drivers are employees or are contracted {in order to determine who should pay their sales tax} remains unsolved. clf .. ,. ,_. .. .. ._ ~- -`~,~ - ..... . ... s. _ . y „ • • • TO: Mayor and Counailmembers FROM: Carol L. Frees, Cfty C1 rk City of Kenai DATE: June 15, 1993 RE: SUBST.ITUTB ORDINANCE XO. I546-93 The substitute ordinance adds the following amendments to the ordinance: 1. In order to better define KMC 20.05020(12), Certificate of Workmen's Compensation Insurance, it adds, "as required by A8 23.10.055.'• AS 23.10.055 does not require cab companies to carry Worker's Compensation Insurance if they "contract with drivers who receive compensation only from customers and whose relationship with permit owners, operators, and dispatch companies is based solely on a contractual flat fee payment by the driver." Those cab companies who consider their drivers as employees will be required to provide the City with a copy of their Worker's Compensation Insurance Certificate. 2. In order to better define KMC 20.05.040(a), the substitute ordinance adds the word "lower" to the second line, i.e. have ~ttsohed to its front Mindshisid, on the lover left- hand gorner... 3. In order to better define KMC 20.050.050(d), the substitute ordinance adds the words "issuance or" to read as, "All taxes and other obligations due to the City and Borough must be current prior to license iseuaaa~ or renewal. ~~ ... .., ;.~..,~ ;::: ..