HomeMy WebLinkAbout~Master - Amending Chapter 37 of Municipal Code; Relating to Taxis } ORDINANCE NO. }
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AN ORDINANCE AMENDING CHAPTER #37 OF THE MUNICIPAL CODE OF THE CITY
OF AMES , IOWA; REPEALING ARTICLE II OF SAID CHAPTER; ESTABLISHING
A NEW ARTICLE II , INCLUDING DEFINITIONS , REQUIREMENTS FOR ISSUING
AND REVOCATION OF CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY
. FOR OPERATION OF TAXICAB COMPANIES, TAXICAB LICENSES AND OPERATION;
!REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HERE-
PITHH AND ESTABLISHING AN EFFECTIVE :DATE .
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IT IS ORDAINED BY THE CITY COUNCIL OF THE CITY OF AMES,
IOWA:
li Section 1. Article II , Chapter #37 of the Municipal Code
j!of the City of Ames , Iowa , as hitherto existing is hereby repealed.
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i Section 2. A new Article II , Chapter #37 is hereby added
(to the Municipal Code of the City of Ames , Iowa as follows :
ARTICLE II. Taxicabs
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ji DIVISION 1. DEFINITIONS AND CERTIFICATE
OF PUBLIC CONVENIENCE AND NECESSITY
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}j . Sec. 37-2001. Definitions .
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The following words and phrases when used in this
chapter shall have the meanings as set out herein :
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j (1) Certificate means a Certificate of Public
Convenience and Necessity issued by the city
j council , authorizing the holder thereof to
+� conduct a taxicab business in the city.
Such a Certificate is personal to the holder F
and nontransferable.
jl (2) Drivers license means the permission granted i
by the city to a pers'Dn to drive a taxicab
j� upon the streets of the city.
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(3) Holder means a person to whom a Certificate
it of Public Convenience and Necessity has been
! issued.
�i'I (4) Person includes an individual , a corporation
�i or other legal entity, a partnership, and
ij any unincorporated association.
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� (5) Rate card means a card issued by the holder
or displayed in each taxicab which contains
the rates of fare them in force.
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(6) Taxicab 'or cab means a motor vehicle regularly
1� engaged in the business of carrying passengers
for hire and not operated on a fixed and
j scheduled route .
(7) Taximeter means an instrument or device attached
} to a taxicab which measures mechanically the
distance driven and the waiting time upon which
?} the fare is based.
(8) Trip means a daily record prepared by a
taxicab driver of all trips made by said driver
1�! showing the time and place of origin, desti-
nation, number of passengers , and the amount
�) of fare for each trip.
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Sec. 37-2002 . Certificate of Public Convenience and
Necessity--required.
No person shall operate or permit a taxicab owned or
controlled by him to be operated as a vehicle for hire
upon the streets of the City of Ames , Iowa, without
having first obtained a Certificate of Public Convenience
I and Necessity authorized by the City Council.
Sec. 37-2003 . Same--application.
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�1� An application for a Certificate shall be filed with
f the city manager; said 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 again
st the
applicant and the nature of the transaction or
acts giving rise to said judgments . 1
(c) The experience of the applicant in the transporta-
tion of passengers .
(d) Any facts which the applicant believes tend to I
�i prove that public convenience and necessity
iirequire the granting of a Certificate.
(e) The number of vehicles to be operated or con-
trolled by PP the applicant and the location of
�l the proposed dispatch center, including type
( of radio equipment to be used.
(f) The proposed hours of operation including plans
for service during hours the bus depot may be
!k closed and to provide service on an emergency
j� basis .
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(g) The plans and arrangements made for vehicle
maintenance and repair.
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1; (h) The color scheme or insignia to be used to
it designate the vehicle or vehicles of the
applicant.
�# i Such further information as the city manager
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may require.
Sec. 37-2004 . Same--public ;tearing.
Upon the filing of an application, the city council
shall fix a time and place for a public hearing thereon.
` written notice of such hearing shall be given to the
applicant by the city clerk and to all persons to whom
�( Certificates of Public Convenience and Necessity have
i� been theretofore issued. Any interested person may
file with the city clerk a memorandum in support of or i
li opposition to the issuance of a Certificate.
Sec. 37-2005 . Same--issuance.
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}( If the city council finds that further taxicab
service in the City of Ames , Iowa, is required by the
public convenience and necessity and that the applicant
i is fit, willing and able to perform such public trans-
portation and to conform to the provisions of this
chapter, then the city council shall direct the city
manager to issue a Certificate stating the name and
�j address of the applicant, the number of vehicles
`i authorized under said Certificate and the date of
issuance; otherwise , the application shall be denied.
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In making the above findings , the city council shall
1 take into consideration the number of taxicabs already
in operation, whether existing transportation is ade-
it quate to meet the public need, the probable effect of
increased service on local traffic conditions and
existing taxicab service, and the character, experience
and responsibility of the applicant.
Sec. 37-2006 . Same--renewal .
Any person lawfully operating taxicabs upon the
streets of Ames , Iowa, at the time of adoption of the
requirement for a Certificate of Public Convenience
and Necessity shall be entitled to continue during
the period of the existing licenses . However, no such
1 existing licenses shall be renewed nor new licenses
granted unless and until such person has been issued
} a Certificate of Public Convenience and Necessity. Any
f lawful holder of a Certificate of Public Convenience
�i and Necessity shall not be required to renew the same
unless said Certificate is revoked, voluntarily sur-
rendered or the licenses herein required are not re-
newed within thirty (30) days after the expiration
thereof. Renewal of said Certificate shall be accord-
ing to the same procedure as for the original issuance
thereof.
Sec 37-2 7 Same--suspension r r 00 e spension o evocation.
I After a hearing, notice of which was published at
f least ten (10) days in advance , the city council may
1 by resolution, revoke or suspend a holder' s Certificate j
�I of Public Convenience and Necessity for one or more of
the following on the part of the holder:
I (a) Repeated failure to make available for public
II use the minimum number of taxicabs for which
the Certificate of Public Convenience and
Necessity was issued;
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(b) Failure to maintain his operating taxicabs in
such mechanical condition and state of repair f
as to assure safe, clean and comfortable trans-
portation to the public;
�! (c) Knowingly permitting his taxicabs to be operated
by drivers not licensed by the City of Ames.
j (d) Knowingly permitting his taxicabs to be operated
by drivers who are habitually discourteous to
the public, particularly to customers .
(e) Any other violation of the provisions of this
�( Article.
Any interested person may file with the city clerk a
memorandum in support of or opposition to the proposed
I suspension or revocation.
DIVISION 2. TAXICABS
Sec. 37-2011. License required.
No taxicab shall be operated within the City of Ames
I which has not been licensed by the City of Ames pur-
suant to the terms of a Certificate of Public Convenience
and Necessity issued to one controlling and responsible
}; for the operation of the taxicab.
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Sec. 37-2012 . Application for license--tentative approval . l
A holder of a Certificate of Public Convenience and I
II Necessity desiring a license for a taxicab shall make
i{ written application therefor to the city clerk upon
i blanks to be furnished by the City . The application
k shall contain the full name of the holder of the
li Certificate of Public Convenience and Necessity , the
i full name and address of the owner, the make , model
and year of manufacture of the car, the Iowa state
( license number for the current year, the engine and
factory number of the same Find evidence that the
vehicle has been inspected and approved by the city
manager or his agent. Upon determination by the city
j clerk that the application is within the number of
taxicabs authorized by a valid Certificate of Public
( Convenience and Necessity arid. is otherwise in order,
the applicant shall be advised of the tentative
approval of his application.
�i Sec. 37-2013 . Liability insurance and approval of
�I application.
!� Upon tentative approval of his application for a
` license , the applicant shall. , before the license is
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44 issued, file with the city clerk competent evidence
i� of liability insurance coverage for the taxicab for
` the period of the license by a reliable company ,
3 acceptable to the city , in F-L sum not less than $100 ,000
for personal injury of one person and $200 ,000 for two
(� (2) or more per accident and $25 ,000 property liability
(� per accident for each taxicab to be licensed. The city
clerk shall then approve thE! application and issue the
{ license.
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t( Sec. 37-2014 . License fees .
The fee for the license , to be paid annually and in
i advance , is for the first taxicab , the sum of twenty-
five dollars ($25. 00) ; for each additional license
issued to any one person, the sum of five dollars
i ($5 . 00) . Licenses extend from the first day of January
, until the last day of December following , and a full
ji license fee must be paid foi- any part of the year.
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Sec. 37-2015 . License card--issuance, contents . i
Upon a license being granted there shall be delivered
to the licensee a card of such size and form as may be
determined by the city clerk. The card shall contain
�) the official city license number of the taxicab and
F shall be signed by the clerk.
Sec. 38-2016 . Same--transfer prohibited, exception. 1
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j{ Licenses are not to be transferred, with the exception
it that the city clerk may approve the transfer of a license
I from one vehicle to another of the same ownership upon
receipt of evidence of insurance coverage and other
�i necessary information with regard to the vehicle to be i
)i licensed.
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Sec . 37-2017 . Same--visiblE to passengers .
I The license card referrer. to in section 37-2015 shall
{ be affixed in a place within the taxicab so that the
same is visible at all times to any passenger within
{{ the vehicle . i
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j� Sec. 37-2018. City driver 's license required.
No person shall drive or operate a taxicab unless the
person shall have first obtained a city driver' s license
therefor. I
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Sec. 37-2019 . Revocation of licenses .
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�{ The city council may revoke any taxicab license or
( driver 's license whenever a violation of any provision
}� of this article is shown. f
Sec. 37-2020. Qualifications for drivers .
An applicant for a driver ' s license shall possess an !�
f� Iowa chauffeur ' s license and shall be of an age authorized
�I under the laws of Iowa to operate a public or common '
carrier.
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Sec. 37-2021. Issuance of drivers license; records .
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Drivers licenses shall be issued by the city clerk
upon a finding by the chief of police that the applicant
11 has the qualifications as set forth in section 37-2020
hereof. The city clerk shall keep a record of licenses
(� in his office.
�( Sec. 37-2022. Display of driver ' s license required; fee.
l� When a driver ' s license is issued the city clerk shall
deliver to the driver a Certificate, in such form as he
may determine, with the license number thereon, which
Certificate shall be displayed inside the passenger
portion of the cab at all times when the cab is in
�! operation. The fee for a license is one dollar ($1. 00) .
( Sec. 37-2023. Inspection of vehicles .
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? No vehicle shall be licensed as a taxicab until it
ji has been thoroughly and carefully inspected by the city
fimanager or his agent and found to be in a safe, satis-
factory and sanitary condition for the transportation
of passengers . All licensed cabs shall thereafter be
j inspected in the same manner quarterly between the
fifteenth and twentieth of January , April , July and
{i October of each year. If any vehicle licensed as a �
taxicab is involved in a collision or accident, notice
thereof shall be given to the city manager and an
j; inspection shall be made of the cab before it can be
again used in service. The report of all examinations
�{ shall be filed with the city clerk.
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;( Sec. 37-2024 . Owner ' s name on door required.
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fl t Every taxicab licensed under the provisions of this I{i
i article shall have the name of the owner thereof plainly 1
E{ painted on the main panel of each rear door of the {
vehicle in letters at least one and one-half (1-1/2)
�1 inches in height.
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i Sec. 37-2025. Drivers to remain in or around vehicle; '
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�{ exceptions .
{ The driver of any taxicab shall remain upon the
driver ' s seat or inside his taxicab , or stand near the
taxicab at all times , while the taxicab is standing upon 1
the public stands or available for public hire, but
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nothing in this section shall prohibit the driver from
�j leaving the car for such length of time as may be
i necessary to assist passengers into or out of his
fi taxicab, nor from leaving the car for such length of
(� time as may be necessary for him to use the telephone 1
in connection with the operation of the car. Drivers }
loitering or standing in the lobbies or entrances of
buildings , depots or stores is prohibited.
Sec. 37-2026. Parking stands .
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Any holder of a Certificate of Public Convenience and
Necessity is entitled to have set off one parking stand
or space where the taxicabs may stand while awaiting
calls or passengers and shall have such additional
1 parking stands or spaces for additional taxicabs owned
and operated by the person as may be authorized by the
city council and in the locations as determined by the '
city manager.
Sec . 37-2027 . Odometer rates authorized; installation;
inspection of taximeters.
Authority is hereby granted to the owner of any `
licensed taxicab to charge odometer rates or to install
in the cab a taximeter of a size and design approved by {
the city manager or agent. The installation shall be
i� inspected by the city manager or agent and shall be
certified by him as accurate. After sundown and until
i sunrise the face of every taximeter shall be illumined
by a suitable light .
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t Sec. 37-2028 . Rates to be approved.
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1� No person owning or operating any taxicab within the
limits of the City of Ames shall charge to exceed rates
�i approved by resolution of the city council.
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Sec. 37-2029. Visibility of meters; rates to be posted.
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Every taximeter shall be so connected or affixed to
the taxicab that the amount of fare determined and
! charged for its use shall be plainly visible to all
passengers or occupants of the taxicab, and there shall
I be posted in a conspicuous place on the inside of the
taxicab in the passenger 's compartment a card , the size
of which shall be approved by the license collector,
on which card shall be printed in plain legible type
the rate of fares charged by the taxicabs .
Sec. 37-2030 . Receipts to be furnished.
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{ If any passenger shall so demand , the driver of the
taxicab shall give the passenger a receipt in proper
form for the fare received and the receipt shall show
the number of passengers carried upon the particular
trip involved.
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Is Sec. 37-2031. Contracting ase on hourly basis permitted.
��1 Nothing herein shall prevent the owner or operator
i of a taxicab from contracting for the use of the cab
�i on an hourly basis , at a rate to be agreed upon by the
parties.
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Sec. 37-2032 . Prepayment of rates permitted; refusal
to pay .
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Every driver of a taxica.o has the right to demand 1
payment of the estimated legal fare in advance and may
refuse employment unless so prepaid. Any person who has {
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11! used the services of the taxicab, and shall refuse to
pay the fare therefor as fixed by this chapter is guilty
of a misdemeanor. !
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�( Sec. 37-2033 . Hours of service required.
Unless a special exception is made in the terms of }
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( his Certificate of Public Convenience and Necessity , {
each holder shall provide 24 hour taxi service at all
times .
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{� Sec. 37-2034 . Unlawful to make false call for cab .
It is unlawful for any person to make a false tele-
phone call or order of any kind or nature for any taxi-
cab service whatsoever.
Section 3. All ordinances and parts of ordinances in
liconflict herewith are hereby repealed.
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Section 4 . This ordinance iS in full force and effect from
land after its passage and publication as provided by law. j
Passed this ��', day of _ ';_ 1972 .
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j City Clerk Stuart N . Smith , Mayor
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6-27-72 Motion (Nelson-Maxwell) to pass on the first reading.
�I Ayes : Calhoun, Maxwell, Huston, Nelson, Pounds .
Nays : Koerber.
j, Carried.
7-18-72 Motion (Maxwell-Nelson) to pass on the second reading.
�I Ayes : Calhoun, Maxwell, Huston, Nelson, Pounds .
Nays : Koerber.
Carried.
{ 7-25-72 Motion (Maxwell-Nelson) final reading.
Ayes : Calhoun, Maxwell, Huston, Nelson, Pounds .
Nays : Koerber.
Mayor declared ordinance duly adopted.
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