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HomeMy WebLinkAboutORDINANCE 0208-1972AMENDMENT NO. i TO PENDING ORDINANCE CITY OP KENAI ORDINANCE 208-72 REPORT ON AMENDMENT FOR RECORD: The pending ordinance 208-72 was extensively reviewed at a meeting of interested parties heid at the City Hall the evening o~ 9/28/72. IR attendance were Commissioner Jack Johnson of Alaska Transportation Commission and his staf£ assistant, D. F. Deering d/b/a Ace Cab Company; Mr. and Mrs. Tom Sullivan d/b/a Flash Cab; and George and June Ackerson, officials of Golden Key Enterprises, Inc. d/b/a Golden Key Cab Co.; City Manager Edwin Il. Glotfelty; Assis- tant City Manager Bruce Massey: Chief of Police Barry Pegram; and City Attorney James E. Fisher. Ordinance 208-72, which substantially revises Chapter 20, Kenat Code, 1963, was formulated after extensive discussion and line-by-line analysis and reading. It was moved by ~//~c.~, . and seconded by ~/~---'~~ and~ ,assed by ~.~_m~e_.~',.z'.e-~z~,z/xct¢_~', The revised version of Ordinance 208-72 attached hereto and as presented to the Council on the 4th day of October 1972, after the above-described review, shall by amendment {e substituted for the version of Ordinance 208-72 presently pending before the Council. NOTE: After adoption of the proposed version of Ordinance 208-72 by amendment then that version should bo the one discussed for final passage and approval on the 4th day of October, 1972. ,IAMBS B. FISIIER City Attorney CITY OF KENAI - ORDINAJ4CE NO. 208-72 S~ENDING KENAI CODE, 1963, TO MAKE A SUBSTANTIAL ~EVISION IN THOSE POSTIONS OF THE CODE PROVIDING FOR REGULATION OF TAXI DRIVER, TAXICAB COMPANY AND LIC~:$ING, AND DECLARING AN EMERGENCY. WHEREAS, recent efforts to utilize those provisions of Kenai Code, 1963, as initially established in 1961 have proved difficult and revision thereof appears to be in the public interest, it is BE IT OBDAINED BY THE COUNCIL OF THE CiTY OF KENA£~ ALAZKA~ Section 1. The Code of the City of Kenai, 1963, as amended is hereby further amended to repeal and re-enact Chapter 20, such re-enacted provisions of the Kenai Code to read as follows~ 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 than seven 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) the word "stress" shall mean and include any street, alley, avenue, court, bridge, land, or public place in the City of Kenai. (3) the word "taxicab driver" shall mean and include any person who drives a taxicab, whether such person be the owner of such taxicab or be employed by a taxicab (4) the word "taxicab company" shall mean and include any person o~ning 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 ~Ithin the City. (5} the words "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. (6) the word "person" shall mean and include one or more persons of either sex, natural persons, corporations, partnerships and a=soc- iations. (7) the words "chauffer's license" shall mean a written author- ization granted to an individual driver permitting such person to drive a taxicab in the City of Kenai. License required to o~erate taxicab company. Section 20-2. To operate a taxicab within the city limits a taxicab company shall obtain a taxicab license therefor first. Each applicant for a taxicab license shall apply upon a form provided by the City, and comply with the following~ (1) be a citizen of the Unl2ed 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, givings a. full nan~ and address of the owner. b. the class and passenger-carrying capacity of each vehicle for which a license is desired. -2- c. the length of time the vehicle has been in use. d. the make of car. e. the engine number. f. the serial n~mber. g. the state license number. h. ~e4~~-seme~s-mo~tgaged, the~am~-~-the~t-~egee ~'~ thc ..... t of ~ai~} mortgage. 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 taxicab and pays the expenses of operating the same. Chauffer's License. Section 20-3.(a) No person shall drive a taxicab commercially until that person obtains a chauffer's license from the City of Kenai 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. (4) No conviction of a felony for ten years previous to application, no conviction at any time of a felony or misdemeanor involving moral turpitude or assault with a deadly weapon or use of or traffic in narcotic drugs, or traffic in women for immoral purposes. (5) Possess a current motor vehicle operator's license for Alaska. (6) Demonstrate familiarity with the traffic laws of the City of Kenai and the State of Alaska. (7) The driver shall be over nineteen (19) years of age. (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 part- nerships. (c} If the application for a chauffer'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 ohauffer's license renewable annually on or before July 1 of each year. (d) If the applicant does not meet the xequirements, the Chief of Police may deny the issuance of either a temporary or a permanent Chauffer's license. ~en the Chief of Police refuses to issue either a temporary or permanpn~ chauffer's license, such denial shall be in writing, stating the reasons for such decision. The applicant may appeal this decision to the City Council 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. Examination of taxicabs. Section 20-4. At least once each year, and more often if deemed necessary, the Chief of Police or a garage or repair business designated by the Chief of Police shall carefully examine each taxicab. No taxicab 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) Examination or inspection of mechanical condition shall be accomplished at the cost of_the applicant. (e) Mechanical inspection.~%~at city garage at a cost not more than $20.00 per inspedtion. -3- Grantin~ amd transfer.rin~ license. Section 20-5. Upon satisfying the City Council that the public convenience and good order will be served thereby, the City Council may grant an operator's license. A taxicab operator's license may only be transferred after approval by the City Council is granted. License plates and numbers. Section 20-6. (a) Each licensed vehicle shall bear the license number of the taxicab and proper descriptive words, ~ncluding the year for which the license was issued and by displaying on the taxicab's windshield. (b) Every taxicab accepting business on the streets within this mtmicipality shall have some designation of the character of the vehicle painted in plain visible letters on each side thereof, and shall have an i11u~inated sign with the word "taxi" or "cab" or "taxicab" affixed thereto. (c) Taxicab companies shall select a color combination for their taxicabs and all cabs will be painted that combination. Taxicab cards and rates. Section 20-7. (a) The operator of any taxicab shall display 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 from time to time. As of enactment of this ordinance rates shall be: $12.00 - Charter per hour .80 - Per mile .90 - Flag drop ,~0 .~O'- Minute .10 - 1/8 Mile Taxioab stands Section 20-8. Taxicabs shall be parked at stands so designated for that purpose from time to time by motion or resolution of the City Council. No taxicab driver shall solicit passengers as fares. No driver shall dismount from his taxicab at any time for the purpose of soliciting passengers; provided, that this shall not prohibit any driver to assist a passenger entering or dismounting from a taxicab. Only licensed taxicabs shall be permitted to park at any taxicab stand. Public liabilit~ insurance. Section 20-9. 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, maintenance, 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 o~,ers, arising outv~= any one accident· ._v..~,,~ ~v---~1{"Y ......... ~h~11 h~ endorsed to give the City 30 days notice of expiration or cancellation. -4- Miscellaneous. Section 20-10. (a) All taxicab drivers shall be clean and courteous at all times. (b) No driver of any licensed taxicab shall carry any ctker than the passenger first employing a taxicab without the consent of such passengez-, except for bona f~de emergencie~. Penalty. Section 20~11. 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. Number of taxicabs in operation. Section 20-12. (a) After public hearing and notice to all taxicab business licensees, the City Council shall determine from time to time the maximum number of taxicabs required. The standards of determination are: (1) the demands for such service as shown by records of taxicab business licensees; (2) whether the safe use of streets for vehicular and pedestrian traffic will be impaired; and (3) any other fact which the City Council may deem relevant. (b) Taxicab companies licensed to operate within the city corporate limits at this time arez Golden Key Enterprises Inc. d.b.a. Golden Key Cab Company - 4 taxicabs, 4-4~u~--~-ltm~sine. H. F. Deering d.b.a. Ace Cab - 4 taxicabs Thomas F. Sullivan - d.b.a. Flash Taxi Service - 2 taxicabs. Taxicab license fees. Section 20-13. The applican: for a taxicab operator's license, taxicab license for an additional vehicle, or a chauffer'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 fee~ shall be returned to the applicant~ (1) a taxicab operator 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 taxicab operator is ~icensed for more than one vehicle, then he shall pay $20.00 per year for each additional vehicle so authorized. (3) an applicant for a chauffer's license shall pay the sum of $5.00 per year for each and every license so issued. (4) all licenses shall be for the term from 30 June of one year until 1 July of the following year, or any segment thereof, and are subject to review prior to renewal. ~,~J~.~,~.~-~ (5) all taxe.~due to ~e City & Borough must be current prior to license renewal. Taxicab rates to be computed. Seotion 20-14. 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. -5- Section 2. An emergent%, is hereby declared to exist and the rules governing introduction, reading, pas~,~e and approval of ordinances are thereby suspended and this ordinance shall De effective immediately upon passage. Emergency declared First reading Passed this /,~/ day of 1972. day of~ , 1972. day of ~{ 1972. ATTESTs CITY OF KENAI /OH/~ F. STEINBECK, MAYOR ~haron S2erling, City Clerk/ Posted after first reading Posted after final passage day of ~ 1972. day offS. 1972.