© Copyrighted. Municipal Code Corp., affiliated Municipality. 1997.
Chapter 94 VEHICLES FOR HIRE*
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*Cross reference(s)--Administration, ch. 2; offenses and miscellaneous provisions, ch. 58; traffic and vehicles, ch. 82.
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Sec. 94-1. Definitions.
Sec. 94-2. Compliance with laws and ordinances.
Sec. 94-3. Report of accidents.
Sec. 94-4. Use for illegal purposes.
Sec. 94-5. Vehicle inspection.
Sec. 94-6. Lost articles.
Sec. 94-7. Rates and charges generally.
Secs. 94-8--94-35. Reserved.
Sec. 94-36. Good moral character as prerequisite.
Sec. 94-37. Term.
Sec. 94-38. Revocation or suspension.
Secs. 94-39--94-65. Reserved.
Sec. 94-66. Required.
Sec. 94-67. Application.
Sec. 94-68. Issuance to corporations.
Sec. 94-69. Insurance.
Sec. 94-70. Council approval.
Sec. 94-71. Fee.
Secs. 94-72--94-95. Reserved.
Sec. 94-96. Required.
Sec. 94-97. Application.
Sec. 94-98. Examination.
Sec. 94-99. Health certificate.
Sec. 94-100. Fee.
Secs. 94-101--94-130. Reserved.
Sec. 94-131. Telephone and headquarters.
Sec. 94-132. Schedule of fares.
Sec. 94-133. Taximeter.
Sec. 94-134. Service required; payment of fare in advance.
Sec. 94-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Limousine means a chauffeur-driven motor vehicle for hire which transports
individuals based on an hourly or daily rate which is not equipped with a taximeter.
Shuttle bus means a motor vehicle which transports individuals between
preestablished fixed points for established fixed fees, not including taxicabs,
limousines, publicly owned, church or school buses or motor vehicles exclusively used for
funerals.
Taxicab means a motor vehicle for hire engaged in the business of transporting
individuals which operates as a common carrier on call or demand carrying passengers to
and from such places as the passenger designates which charges rates in accordance with a
taximeter, a flat rate or other similar methods, excluding publicly owned buses.
Taximeter means an instrument or device which mechanically calculates rates of
fare based on distance driven and waiting time.
Vehicle for hire means a limousine, taxicab or shuttle bus. This term does not
include hearses, ambulances or wreckers or publicly owned buses.
(Code 1984, § 28-1; Ord. No. 93-11, § 2(28-1), 10-18-93)
Cross reference(s)--Definitions generally, § 1-2.
Sec. 94-2. Compliance with laws and ordinances.
Each vehicle for hire licensed under this chapter shall be operated in accordance with
state laws and city ordinances and with due regard for safety, comfort and convenience of
passengers and for the safety of the general public. No vehicle for hire shall be operated
at a rate of speed greater than that established by state law or by city ordinance.
(Code 1984, § 28-2; Ord. No. 93-11, § 2(28-2), 10-18-93)
Sec. 94-3. Report of accidents.
The owner or driver of a vehicle for hire who is involved in an accident while
operating any such vehicle that results in death of or injury to any person or in damage
to any property shall report such accident to the department of public safety within 24
hours from the time of the occurrence.
(Code 1984, § 28-3; Ord. No. 93-11, § 2(28-3), 10-18-93)
Sec. 94-4. Use for illegal purposes.
No owner or driver of a vehicle for hire shall use or permit the use of any vehicle for
hire for illegal purposes.
(Code 1984, § 28-4; Ord. No. 93-11, § 2(28-4), 10-18-93)
Sec. 94-5. Vehicle inspection.
All vehicles licensed under this chapter shall be kept in good repair, in good
mechanical order and in a clean and sanitary condition. The director of public safety
shall have the right to examine or cause to be examined all licensed vehicles for the
purpose of ascertaining if this chapter is being obeyed.
(Code 1984, § 28-5; Ord. No. 93-11, § 2(28-5), 10-18-93)
Sec. 94-6. Lost articles.
All lost articles found in vehicles for hire by owners or drivers thereof shall be
turned over to the department of public safety within 24 hours, unless the lost property
shall in the meantime be claimed by the owner thereof. If lost property is not claimed by
its owner within 60 days after receipt by the department of public safety, the director of
public safety is authorized to return it to the finder for disposition according to law.
(Code 1984, § 28-6; Ord. No. 93-11, § 2(28-6), 10-18-93)
Sec. 94-7. Rates and charges generally.
The city council may by resolution establish the rate of fare to be charged by vehicles
for hire engaged in the transportation of passengers, and no greater or less rate of fare
shall at any time be charged by the operator than that fixed by the city council.
(Code 1984, § 28-7; Ord. No. 93-11, § 2(28-7), 10-18-93)
Secs. 94-8--94-35. Reserved.
Sec. 94-36. Good moral character as prerequisite.
(a) In addition to all other grounds for the denial of any license issued pursuant to
this article, no license required by this article shall be issued to a person who is not
of good moral character, as determined by the director of public safety. The director
shall make such determination within a reasonable time after submission of the license
application.
(b) The term "good moral character" shall be construed to mean the propensity
on the part of the person to serve the public in the licensed area in a fair, honest and
open manner.
(c) A judgment of guilt in a criminal prosecution or a judgment in a civil action shall
not be used, in and of itself, as proof of a person's lack of good moral character. It may
be used as evidence in the determination, and when so used the person shall be notified
and shall be permitted to rebut the evidence by showing that at the current time he has
the ability to and is likely to serve the public in a fair, honest and open manner; that
he is rehabilitated; or that the substance of the former offense is not reasonably related
to the occupation or profession for which he seeks to be licensed.
(d) The following criminal records shall not be used, examined or requested by the city
in a determination of good moral character:
(1) An arrest not followed by a conviction.
(2) A conviction which has been reversed or vacated, including the arrest records
relevant to that conviction.
(3) An arrest or conviction for a misdemeanor or a felony unrelated to the person's
likelihood to serve the public in a fair, honest and open manner.
(4) An arrest or conviction for a misdemeanor for which a person may not be
incarcerated in a jail or prison.
(e) When a person is found to be unqualified for a license because of a lack of good
moral character or similar criteria, the person shall be furnished by the city clerk with
a statement to this effect. The statement shall contain a complete record of the evidence
upon which the determination was based. The person shall be entitled, as of right, to a
rehearing on the issue before the director of public safety if he has relevant evidence
not previously considered regarding his qualifications.
(Code 1984, § 28-31; Ord. No. 93-11, § 2(28-31), 10-18-93)
Sec. 94-37. Term.
A license issued pursuant to this article shall expire on December 31 of each year
unless sooner suspended or revoked.
(Code 1984, § 28-32; Ord. No. 93-11, § 2(28-32), 10-18-93)
Sec. 94-38. Revocation or suspension.
(a) The city council may, for incompetency or for violation of any state law or city
ordinance by any licensee under this article or for any other cause it deems sufficient,
revoke any license required by this article and cause such license to be surrendered to
the city clerk. Before revoking any license the council shall fix a date for hearing in
the matter, and the clerk shall notify the licensee of the time and place thereof and the
licensee's right to appear and be heard relative to the proposed revocation of license.
If, after hearing testimony, the council shall believe that grounds exist for the
revocation of the license, it shall revoke such license and notify the holder thereof in
writing. A licensee, after written notice by the city clerk that such license has been
revoked, shall surrender such license to the city clerk. If a license is revoked a new
license shall not be issued to such person for one year.
(b) The director of public safety has the power to suspend any such license for a
period not exceeding 30 days for any of the reasons for which the license might be revoked
by the city council.
(Code 1984, § 28-33; Ord. No. 93-11, § 2(28-33), 10-18-93)
Secs. 94-39--94-65. Reserved.
Sec. 94-66. Required.
No person shall engage in the business of operating a vehicle for hire on the streets
of the city without having first obtained a separate license for each such vehicle.
(Code 1984, § 28-46; Ord. No. 93-11, § 2(28-46), 10-18-93)
Sec. 94-67. Application.
An application for a license required by this division shall be made in writing on
blanks to be furnished by the city clerk. The applicant shall furnish such information as
the city clerk may require.
(Code 1984, § 28-47; Ord. No. 93-11, § 2(28-47), 10-18-93)
Sec. 94-68. Issuance to corporations.
A license required by this division may be issued to a corporation, partnership or
association, but each driver of a vehicle for hire, if a partner or a member of an
association or an employee of a corporation, shall be licensed in accordance with division
3 of this article.
(Code 1984, § 28-48; Ord. No. 93-11, § 2(28-48), 10-18-93)
Sec. 94-69. Insurance.
(a) No person shall be issued a vehicle for hire license unless he has in full force
and effect for the vehicle to be licensed insurance for bodily injury in the amount of
$100,000.00 to any one person or $300,000.00 for liability for bodily injuries growing out
of any one accident and not less than $50,000.00 for damage to property that may result
from accident with insurers approved by the city council and such person furnishes a
certificate that such insurance is in effect.
(b) No person shall operate a vehicle for hire within the city unless the insurance
specified in subsection (a) of this section is in full force and effect.
(Code 1984, § 28-49; Ord. No. 93-11, § 2(28-49), 10-18-93)
Sec. 94-70. Council approval.
No license shall be issued pursuant to this division without the approval of the city
council. No license shall be approved by the city council until it has determined that
public convenience and necessity requires the operation of such vehicle for hire. In
determining the question of public convenience and necessity, the city council shall
consider the number of vehicles for hire that are operating in the city, the demands of
the public requiring additional vehicle for hire service, the financial responsibility of
the applicant, the type of equipment the license is for, and the traffic conditions in the
city and whether the additional vehicle for hire service will result in a greater hazard
to the public, and such other relevant facts as the city council may deem advisable and
necessary. However, the renewal of existing licenses shall not be refused merely on the
ground of lack of convenience and necessity.
(Code 1984, § 28-50; Ord. No. 93-11, § 2(28-50), 10-18-93)
Sec. 94-71. Fee.
No license shall be issued pursuant to this division until the applicant pays to the
city the fee established by resolution. Any license issued after July 21 of any license
year shall be issued upon payment of a fee of one-half the regular fee.
(Code 1984, § 28-51; Ord. No. 93-11, § 2(28-51), 10-18-93)
Secs. 94-72--94-95. Reserved.
Sec. 94-96. Required.
No person shall drive a vehicle for hire without a license issued by the city clerk.
(Code 1984, § 28-61; Ord. No. 93-11, § 2(28-61), 10-18-93)
Sec. 94-97. Application.
An application for a license to drive a vehicle for hire shall be made in writing and
filed with the city clerk. The application shall state all information deemed by the city
clerk as being necessary and proper to determine whether the license should be issued and
to enforce this chapter.
(Code 1984, § 28-62; Ord. No. 93-11, § 2(28-62), 10-18-93)
Sec. 94-98. Examination.
No license for driving a vehicle for hire shall be issued until the applicant passes an
examination administered by the director of public safety. Such examination shall test the
applicant's knowledge of state and city traffic laws and this chapter.
(Code 1984, § 28-63; Ord. No. 93-11, § 2(28-63), 10-18-93)
Sec. 94-99. Health certificate.
No license to drive a vehicle for hire shall be issued until the applicant furnishes a
certificate issued by the city health officer which states that the applicant is not
suffering from any contagious or infectious disease.
(Code 1984, § 28-64; Ord. No. 93-11, § 2(28-64), 10-18-93)
Sec. 94-100. Fee.
No person shall be issued a license to drive a vehicle for hire until he pays to the
city the fee established by resolution.
(Code 1984, § 28-65; Ord. No. 93-11, § 2(28-65), 10-18-93)
Secs. 94-101--94-130. Reserved.
Sec. 94-131. Telephone and headquarters.
Each taxicab owner shall, for the convenience of the public, maintain a telephone and
shall report the owner's telephone number and any change thereof to the director of public
safety. Nothing in this section shall prevent the maintenance of telephone service in
connection with others, but the city council, in granting or refusing a taxicab vehicle
license, may take into consideration the character of the establishment at which the
taxicab owner proposes to maintain the taxicab headquarters. If the headquarters are
maintained at an establishment of bad repute or where intoxicants are consumed or dealt
in, either licitly or illicitly, such fact shall be considered sufficient grounds for the
revocation of such license.
(Code 1984, § 28-66; Ord. No. 93-11, § 2(28-66), 10-18-93)
Sec. 94-132. Schedule of fares.
A printed schedule of fares shall be conspicuously posted in each taxicab.
(Code 1984, § 28-67; Ord. No. 93-11, § 2(28-67), 10-18-93)
Sec. 94-133. Taximeter.
All taxicabs operated under the authority of this chapter may be equipped with
taximeters, which if so equipped shall be fastened in front of 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 device 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. It shall be sealed at all points and
connections which, if manipulated, would affect their correct reading and recording. Each
taximeter shall have thereon a flag to denote when the vehicle is employed and when it is
not employed, and it shall be the duty of the driver to throw a flag of such taximeter
into a nonrecording position at the termination of each trip. The taximeter shall be
subject to inspection from time to time by the department of public safety. Any inspector
or other officer of such department is authorized to inspect any meter and, upon discovery
of any inaccuracy therein, to notify the person operating the taxicab to cease operation.
Thereupon the taxicab shall be kept off the highways until the taximeter is repaired and
in the required working condition.
(Code 1984, § 28-68; Ord. No. 93-11, § 2(28-68), 10-18-93)
Sec. 94-134. Service required; payment of fare in advance.
Each taxicab driver shall have the right to demand payment of fare in advance and may
refuse employment until so paid, but no driver shall otherwise refuse or neglect to convey
any orderly person anywhere in the city unless previously engaged or unable to do so.
(Code 1984, § 28-69; Ord. No. 93-11, § 2(28-69), 10-18-93)
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