Repealing Chapter 36 Relating to Taxicabs

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(k) Waiting time means the time when a taxicab is not in motion from the time of acceptance of a passenger or passengers to the time of discharge, but does not include any time that the taxicab is not in motion if due to any cause other than the request, act or fault of a passenger or passengers. (1) Driver. Any person who is in actual physical control of a taxicab. (m) Operator. Any person owning, in charge of, or, managing a taxicab business in the City. SECTION 2. 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 South Bend without having first obtained a certificate of public convenience and necessity from the Board of Public Works and Safety which shall continue to be valid upon payment of the annual renewal fee or until suspended or revoked pursuant to the provisions of this ordinance. SECTION 3 APPLICATION FOR CERTIFICATE. An application for a certificate shall be filed with the Board of Public Works and Safety upon forms provided by the City of South Bend; and said application shall be verified under oath and shall furnish the following information: (a) The name and address of the applicant (b) The financial status of the applicant, including the amounts of all unpaid judgements against the applicant and the nature of the transaction or acts giving rise to said judgements. (c) The experience of the applicant in the transportation of passengers. (d) Facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate. (e) The number of vehicles to be operated or controlled by the applicant. (f) The color scheme and insignia to be used to designate the vehicle or vehicles of the applicant. (g) Such further information as the Board of Public Works and Safety of the City of South Bend may require. SECTION 4 PUBLIC HEARING Upon the filing of an application, the Baa rd of Public Works and Safety shall fix a time and place for a public hearing thereon. Notice of such hearing shall be given to the applicant and to all persons to whom certificates of public convenience and necessity have been there- to -fore issued, Due notice shall also be given the general public by publication of such notice one time in a local newspaper of general circulation. Any interested person may file with the Board of Public Works and Safety a memorandum in support of or in opposition to the issuance of a certificate. The Board of Public Works and Safety shall issue to any present holder of a taxicab license under the ordinance in effect prior to the effect- ive date hereof a certificate of convenience and necessity for the operation of the same number of taxicabs presently licensed to such holder upon the filing of an application as required by Section Three (3) and complying with Section six (6). No notice and no public hearing shall be necessary as required by this section.