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HomeMy WebLinkAboutORDINANCE 0249-1974ORDINANCE 249-74 THE CODE OF THE CITY OF KENAI, 1963, AS AMENDED IS HEREBY FURTHER AMENDED AS FOLLOWS: Section 1: Section 20-1 through Section 20-15, inclusive is hereby repealed and re-enacted to read as follows: TAXICAB ORDINANCE Definitions. Section 20-1. Unless otherwise expressly stated, whenever used in this article, the following words shall have the meanings given to them by this section: (1) "taxicab" means a motor driven passenger vehicle having a seating capacity of not more then six persons, Including driver, which is offered for public hire on a time or distance basis and which is not operated on a predetermined schedule or over fixed routes. (2) "Commission" shall mean the Public Vehicle Commission. (3) "street" shall mean and Include any street, alley, avenue, court, bridge, land, or public place in the City of Kenai. (~) "taxicab driver" shall mean and Include any person who drives a taxicab, whetrtcr such person be the owner of such taxicab or be employed by a taxicab company. ($) "taxicab company" shall mean and include any person owning or having control of the use of one or more taxicabs used for hire upon the streets or engaged in the business of operating a taxicab within the City. {$) "taxicab stand" shall mean and Include any place along the curb or street or elsewhere which Is exclusively reserved by the city for the use of taxicabs. (7) "persons" shall mean and Include one or more persons of either sex, natural persons, corporations, partnerships and associations. (8) "chauffeur's license" shall mean a written authorization granted to an Individual driver permitting such person to drive a taxicab In the City of Kenai. (9) "limousine" shall mean any common carrier authorized to transport passengers, and their baggage, between terminal facilities such as an airport, a ship dock on the one hand and designated points as set out In the applicable certificate of convenience and necessity Issued by the Alaska Transportation Commlsslon. Section 20-2. Public vehicle commission. There is hereby established n public vehicle commission which shall consist of three members appointed by the mayor for a term of one year. The mayor shall designate the chairman of the commission. The public vehicle commission shall meet on the call of the chairman or of two members thereof, at such times as may be necessary to transact Its business. Section 20-3. Duties. The commission shall be responsible for Issuing, modifying and revoking certificates of' public convenience and necesslty whenever It appears !n the public Interest to do so. The certification shall show: Ia) The name of the taxicab company. (b) The number of taxicabs which the company is authorized to operate. lc) A description, by make, model, engine number, and serial number, of the vehicles so authorized. Ordinance 2497z/ Page -2- Section 20-4. Certificate required. No license to operate a taxicab In the city shall be issued unless and until the public vehicle commission shall, after hearing and notice to all interested parties, certify that the public need for taxicab service requires the additional service to be rendered by the applicant. In deciding this question, the commission shall consider the need of the public for taxicab service, the number of cabs in operation, and the anticipated future demands. Section 20-5. Abandonment. If any licensee on whose behalf such a certificate has been issued shall fail to operate all or any of the taxicabs covered by such certificate for a period of slx consecutive days, the certificate may be revoked or modified by the commission so as to cover and authorize only the number of cabs operated. Section 20-6. License required to operate taxicab company. To operate a taxicab or limousine within the city limits a taxicab company shall first obtain a carrlerfs license therefor by applying In writing to the clerk. Each applicant for a license shall apply upon a form provided by the City, and conform to the following: (1} be a citizen of the United States. (2) be of the age of nineteen (19) years or a duly qualified corporation, (3) file a statement describing each vehicle to be so licensed, giving: a. full name and addre=s of the owner. b. the class and passenger-carrying capacity of the vehicle. c. the length of time the vehicle has been in use. d. the make of the vehicle e. the engine number. f. the serial number. g. the state license number. h. the A.ToC. number, if any. I. whether said vehicle is leased, licensed, or under any form of contract. J. what person, firm or corporation collects the revenues from the operation of said vehicle and pays the expenses of operating the same. Section 20-7. Carrler*s license. Upon receipt of the above Information, presentation of the applicable certificate of public convenience and necessity and payment of the required fee, the City Clerk shall Issue a carrier's license. The license may not be transferred without approval by the commission. Section 20-8. License plates and numbers. (a) Each licensed vehicle shall bear 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. (b) Every taxicab and limousine accepting business from points originating within this municipality shall have some designation of the character of the vehicle painted In plain visible letters on each side thereof, and all taxicabs shall have an Illuminated sign with the word "taxi" or "cab" or "taxicab" printed thereon. (c) Taxicab comps~des shall select a color combination for their taxicabs and all cabs will be painted that combination. Section 20-9 . Chauffeur's license. (a) No person shall drive a taxicab or limousine commercially within the City of Kenai until that person obtains a chauffeurWs license from the City ot Kenal upon meeting the following requirements: (1) Ability to read and write the English language. (2) Non-addiction to the use of Intoxicants, narcotics, or dangerous drugs. (3) Good moral character and repute. Ordinance Z4 9 Page -3- (i) no convictloil of a felony for 10 years previous to application, unless after hearing on appeal, the commission shall decide circumstances have changed with respect to the particular applicant so a license may be issued. (ii} determination that the applicantfs driving record indicates a fitness to hold a chauffeurfs license. (b} With each application shall be submitted the necessary fees, photograph of applicant, and a full set of fingerprints to be taken by the Police Department. This sub- section shall also apply to officers, agents, servants, and employees of corporations, companies, and partnerships. (c) If the application for a chauffeur's license indicates that the applicant meets the qualifications for a license, the Chief of Police may Issue a temporary license pending completion of the Investigation of the applicant~s background and qualifications. This temporary license shall expire at the end of forty-five (45) days from the date of Issuance. If the applicant meets all of the requirements, the Chief of Police shall Issue a permanent chauffeur's license renewable annually on or before July i of each year. (d) If the applicant does not meet the requirements, the Chief of Police may deny the Issuance of either a temporary or a permanent chauffeur's license. When the Chief of Police refuses to issue either a temporary or permanent chauffeur's license, such denial shall be in writing, stating the reasons for such decision. The applicant may appeal this decision to the commission within ten (10) days after the receipt of the written notice from the Chief of Police, In the event that such an appeal of the denial of a license is desired by the applicant. Section 20-10. (a) All drivers regulated by this article shall be clean and courteous at all times. (b} No driver of any licensed taxlcab shall carry any other than the passenger first employing a taxicab without the consent of such passenger, except for bona fide emergencies. (c) The driver shall take his passenger to his destination by the most direct avalt- able route from the place where the passenger enters the cab. Section 20-11. Taxicab license fees. The applicant for a carrier license, license for an additional vehicle, or a chauffeur's license shall pay Into the City treasury the sum set forth below provided that, if the said license is denied for any reason, 50% of said fee or fees shall be returned to the applicant: a carrier licensee shall pay a license fee of $50.00 per year which shall entitle said operator to one vehicle for hire. (2} in the event a licensee is licensed for more than one vehicle, then he shall pay $20.00 per year for each additional vehicle so authorized. (3) (4) an applicant for a chauffeur's license shall pay the sum of $5.00 per year for each and every license so Issued. all licenses shall be for the term from 30 June of one year until I July of the following year, or any segment thereof, and are subject to review prior to renewal. (5} all taxes and other obligations due to the City and Borough must be current prior to license renewal, Ordinance Z4 Page -4- Section 20-12. Examination of vehicles. At least once each year, and more often if deemed necessary, the Chief of Police or a garage or repal~' business designated by the Chief of Police shall carefully examine each vehicle regulated by this article. No such vehicle shall be licensed which does not comply with the following: (a) It must be in a thoroughly safe condition. (b) It must be clean and of good appearance. (c) Such other examinations as may be ordered by the Chief of Police from time to time. (d) Mechanical inspection may be performed at the city garage at a cost not more than $20.00 per inspection. Section 20-13. Taxicab cards and rates. (a) The operator of any taxicab shall dis~:ay Inside the taxicab 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 taxicab must be returned to the City offices, where it may be Identified and claimed. (b) Rates charged for conveyance in taxicabs shall be fixed by resolution of the City Council pursuant to a recommendation from the commission from time to time. As of enactment of this ordinance rates shall be: $12.00 - Charter per hour .80 - Per mile .90 - Flag drop .20- Minute .10- 1/8 Mile Section 20-111. Taxicab and limousine stands. Taxicabs and limousines 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 taxicab at a,-~y time for the purpose of soliciting passengers; provided, that this shall not prohibit any driver to assist a passenger entering or dismounting from a vehicle. Only licensed vehicles shall be permitted to park at any stand. Section 20-15. 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 Injuries or death, or for damages to property resulting from the ownership, main- tenance, or use of any taxicabs. The limit of such Insurance policy shall not be less than $100,000 for bodily Injury to, or death of, one person and $300,000 on account of any one accident resulting in InJuries to and/or death of more than one person, and $20,000 liability for damage to property of others, arising out of any one accident. Such policy shall be endorsed to give the City 30 days notice of expiration or cancellation. Section 20-16. Taxicab rates to be comp,,[ed. {a) Taxicab company shall meter all taxi calls. The taxi meters shall be the type or types commonly used throughout the United States. Inspection of such fares shall be monitored and proved by the Chief of Police. No taxicab shall be operated unless It Is equipped with a meter in good condition to record the amount to be charged on each trip, which amount shall be shown in figures visible to the passenger. Upon paying his fare each passenger shall be given a receipt showing the amount so paid and the name of the company or persons operating the cab, together with the number of the cab if such company or person operates more than one taxicab in the city. It shall be unlawful for a passenger to fail or refuse to pay the lawful fare at the termination of a trip. Ordinance Z4 97/4 Page -5- (b) Each taximeter shall be accurate at all times. The tolerance for distance on a one-mile course shall be four (/4) percent error for overcharge and four {/4) percent error for undercharge. The tolerance for time for five (5) minutes .~hall be fifteen (15) seconds for overcharge and twenty-five (25} seconds for undercharge. The Chief of Police or his authorized agent may inspect any taximeter at his discretion and upon discovery of Inaccuracy of any taximeter, may require that the taxicab equipped with the inaccurate taximeter be removed from service until the taximeter has been repaired, accurately adjusted, and retested, (c) There shall be no "cut-out" switch or Independent switch between the meter and top light. (d) The taximeter flag shall be in the down or horizonta~ position when the taxicab is employed and shall be moved to the up position promptly at the termination of each employment. Section 20-17. ,Penalty. Any person violating any provision of this article shall be guilty of a misdemeanor, and shall upon conviction thereof, be punished by a fine of not more than one hundred {$100.00) dollars. First reading /.~ day of ~~t~, 197/4. Second reading. .[/~ da~ , 197/4. Passage / K day of ~ ~_~..A~...., 197/4. ,. , This ordinance will be effective o~ the v /~/ day of [/,/~/---. , 191/4. ATTEST: Sharofi L0osli, City clerk jr_[ Posted after first reading Posted after second reading ~ day of ~,~.~ ~, 197#. ./~ day of ._ ~/'~ ~,,~,v_ '~ , 197/4.