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HomeMy WebLinkAboutAmendingVarious Sections of Chapter 15 TaxicabsORDINANCE No. 6660 -79 Passed by the Common Council of the City of South Bend, Indiana._ October B IRENE K. GAMMON MAP Presented by me to the Mayor of the City of South Bend, Indianac FE October 9 �9 79 City Clerk Of Common Council IRENE K. GAMMON Approved and signed by me__ d9 -,•. , // , �9 City Clerk BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING VARIOUS SECTIONS OF CHAPTER 15, ARTICLE 2, COMMONLY KNOWN AS TAXICABS OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA STATEMENT OF PURPOSE AND INTENT The Common Council of the City of South Bend believes that much of the local legislation governing taxicabs in our City which was enacted in 1962 needs to be updated. The Council further recognizes that the setting of taxicab rates by each company subject to filing with the Board of Public Works and publication in two local newspapers, may be a more efficient method of operation. Therefore, this bill is introduced to clarify and update the local taxicab laws. NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, as follows: SECTION I Chapter 15, Article 2, commonly known as Taxicabs of the Municipal Code of the City of South Bend, Indiana, is hereby amended as follows: ARTICLE 2,Taxicabs Division 1. General Provisions and Regulations. 4 Sec. 15 -8 Definitions. (a) As used in this Article: (1) CERTIFICATE means a Certificate of Public Convenience and Necessity issued by the Board of Public Works find- Safety authorizing the holder to conduct a taxicab business in the City. (8) RATE CARD means a cardssed -hy- the- Beael- et- Pb�fe -6dekd -aid Safety- fer- d_;�splay- i!n the - mates- of -fames -then 4:m- feree- for display in each taxicab which contains the scheduled rates of fare charged by the operator of such taxicab with a receipt of the clerk of the Board of Public Works. (11) TAXI STAND means a place on public property where the Board of Public Works and- Safety has authorized a holder of a Certificate of Public Convenience and Necessity to receive passengers. Sec. 15 -9. Vehicles; inspection; permit; maintenance. (a) Prior to the use and operation of any vehicle under this Article, the vehicle shall be thoroughly examined and inspected by the Police Department and found to comply with such reasonable rules and regulations as may be prescribed by the Board of Public Works. aad- Safety.- These rules and regulations shall be promulgated to provide safe transportation and shall specify such safety equipment and regulatory devices as the Board of Public Works and- Safety deem necessary. (b) When the Police Department finds that a vehicle has met the standards established by the Board of Public Works and- Safety, the Department shall issue a permit to that effect. The permit shall state the authorized seating capacity of the vehicle. (c) Every vehicle operating under this Article shall be periodically inspected by the Police Department at such intervals as established by the Board of Public Works arid- Safety to insure the maintenance of safe operating conditions. (d) Every vehicle operating under this Article shall be kept in a clean and sanitary condition according to rules and regulations promulgated by the Board of Public Works arid- Safety- Sec. 15 -10. Owner's name on taxicab; no imitation of insignia. (b) The taxicab may bear an identifying design approved by the Board of Public Works . and- Safety.- No vehicle covered by the terms of this Article shall be licensed whose color scheme, identifying design, monogram or insignia to be used thereon shall, in the opinion of the Board, conflict with or imitate any color scheme, identifying design, monogram or insignia used on vehicles already operating under this Article, in such a manner as to be misleading or tend to deceive or defraud the public. If after a license has been issued for a taxicab, the color scheme, identifying design, monogram or insignia thereof is changed so as to be, in the opinion of the Board, in conflict with or imitate any color scheme, identifying design, monogram or insignia used by any other person, owner or operator, in such a manner as to be misleading or tend to deceive the public, the license of or certificate covering such taxicab shall be suspended or revoked pursuant to the provisions of Section 1 -18. Sec. 15 -12. Manifests required; retention. (a) Every driver shall maintain a daily manifest upon which are recorded all trips made each day, showing time and place of origin and destination of each trip and amount of fare. All completed manifests shall be returned to the owner by the driver at the conclusion of his tour of duty. The forms for each manifest shall be furnished to the driver by the owner and shall be of a character approved by the Board of Public Works. and- Safety.- (b) Each holder of a Certificate shall retain and preserve all drivers' manifests in a safe place for at least the calendar year next preceding the current calendar year. All manifests shall be available to the Board of Public Works_ and- Safety- Sec. 15 -13. Records required; access; retention. (a) Every holder shall keep accurate records of receipts from operations, operating and other expenses, capital expenditures and such other operating information as may be required by the Board of Public Works_ and - Safety. (b) Every holder shall maintain the records containing such information and other data required by this Article at a place readily accessible for examination by the Board of Public Works_ and- Safety- (2) Sec. 15 -14. Advertising on vehicles. Subject to the rules and regulations of the Board of Public Works and- Safety; any person owning or operating a taxicab or motor vehicle for hire may permit advertising matter to be affixed to or installed in or on such taxicabs or motor vehicles for hire. Sec. 15 -16. Rates; display of rate card. 4a}- _The - Safes - a -f - -f a -re- shaEged. - by- the- epe -rateff -e�- any- tfax4eab sha��- be- as- fe��ews= -( �}-- �iea�- �tates�- Peerdei�a�s- {$� -88 }- pew- i�ed�- few- ewe -��} eE- FaeEe -pass eageEsT se- hiEed- befeEe- the- trip- is- begen; eRe- f} fth-{} ;4d}- ef- a- xR }le- eF- fraet }ea- theEeef ; - thet*ea-ftef;- ten- eente �$9T�8 }- few- eaeh.- addit} eeai- ee. e- se�aeath- {�f� }- ef- a- �ti�e- e�- f�aetie� the�esf f {3 }- -Wa }t} rig- � }x3e=-- �Fweaty- eeats- {$6 -�� }- few- ea,ei�- ti��ee - {S} x��eates- ef- wa�t�sg- t�x3e- e�- ��aet�es- t�ie�eet; {4 } - -A4a }axe- mate- *oabes- hasel�sg- }�ae3�ages ; - ete - - - -�€ -tire passer�ge� {s }- �egai�es- the- ta�ieab- te- ea��y- pae�ages- e�- i�ggage- e�- eth.er aEt }eiesT- then - the - trip - shall- be- ehargeel- at- a- misimtm- rate -ef- fare- of -ene deiiar- and- tweiity- f4: ve- eents- {$}- 85 }- whes- aiiy -ef -t ie- art4:eles- are- baselied by -the- driver= 4 }-- {Additienai- fee - dam }ag -ee taia hems - }- Between- the - haters ef'- �i88- g -x� -- and- �- 88 -a -� -- the- epe�a�e�- ef- a- ta�ieab- r�tay- e�ia�ge -fifty Beats- {$8 -88 }- pew- trip -ie- add} ties - to -tbe- mates -ef- fame- p�e�ieleel- few- ssele� sabd }� }sier�s- { } }- th�Aegh- {4 } -ef- this- ssbseetiea - {a }- PFevidedT- that- a- taxieab- may -be- hired - at- the- rate -ef- six - debars- {$6 -�98} gem- l3et��- few- d� }�iag- within- the -Eity- when- se- �ii�eel- befe�e- the - trip -is- began; prevideel - further; -that - eharges -fer- waiting - time- shall- be- eampa.teel -es -the fraetiee- thereef -ef- the- heuriy- rate - -- Waiting- time - shall- ineltide- the -time when- the- ta�ieab -is- net- }e- x�et }es;- begiasir�� -at- its- a��f�a� -at- tie -p }nee te- wh }eh - }t -has- been - Bailed -ems- the - tine- ee�e�eel- 6ab.ife- sta.�eli�g -at -the direetiea -ef -the - passenger; -but- rye- eharge- lest beeattse- ef- tlae- ineff }e }eney -ef- the- ta�ieab -ems- its- el�i�e� -ems- time- eens�eel by- p�e�tatt��e- �espense- te- a -eaii- { b}-- B�e�y_ta�ieab- epe�ated- anele�- this- a�tie�e- s�ia��- bare -a -mate eard -sett ing - Perth -the - autherieeel -rates -ef- f are - d4:sp9:ayeel- in- sneh- p }aee- as- te- be -in- view -ef- ail- passengers- (a) shall be and each be ettect operators The scheduled rates of fare established by the operator. change of scheduled rates of ive and charged by an operat taxicabs only after: charged by the operator of a taxicab The first scheduled rates of fare fare established by an operator shall r with respect to all of such (I) the first scheduled rates of fare or the change of scheduled rates of fare is filed with the Board of Public Works and noted as received by the Clerk of said Board, and (II) thirty (30) days after publication of such first scheduled rates or such change of scheduled rates in two newspapers published in the City of South Bend. (b) Every taxicab operated under this Article shall have at all times a Rate Card receipted by the clerk of the Board of Public Works setting forth the scheduled rates of fare displayed in such place as to be in view of all passengers. icy--- b�po�- �. hg- gffge�i�g_�1ate_of_this_article the operators may charge _an_amount_of_not_less_thau_ one_ dollar _�$1_DD�_for_the_first_ons- fifth - {1 5}- ef- a- mile- e�- f�aetien- the�ee�: Sec. 15 -20. Taxi stand permit; application; approval. (a) Any holder of a certificate under this Article desiring to occupy a certain designated place on a public street of the City as a taxi stand shall file an application with the Board of Public Works and- Safety, on blanks to be furnished by the Board. (3) Sec. 15 -21. Taxi:stand permit fee; term; transferability; encroachment of stand; revocation. (a) The holder of a certificate of convenience and necessity under this article shall pay one hundred twenty -five dollars ($125.00) per year to the Controller for each twenty -two (22) feet of the public streets occupied and used as a taxistand.- aey -taei- steed- pe }- s- gaeted by- the - City -ee= streets -eet -eke }peed- with- �a�k�eg- �ete�s - -th }s -fee- shall- eet- be- e�a�ged- (c) No taxi stand permit shall be transferred or assigned without the written consent of the seepetapy clerk of the Board of Public Works and - Sa-fety, duly authorized and directed by the Board. (e) The taxi stand permit may be revoked by the Board of Public Works aed - dal =ety for good cause shown after due notice to the holder of the certificate of public convenience and necessity and a hearing. (f) The Board of Public Works aed - Satety shall issue to any present holder of a taxicab license under the ordinance in effect prior to the effective date of this Article, a permit to occupy taxi stands, the places respectively heretofore designated and assigned by the Board of Public Works and - Sa-fety to such holders of a taxicab license without the necessity of complying with this Section. Sec. 15 -36. Adoption of additional rules and regulations. The Board of Public Works and- Safety shall have the power to make and adopt any additional rules and regulations as, in its judgment and discretion, are necessary and proper for safety in the driving or managing of taxicabI3� i provided, that the additional rules and regulations are not inconsistent with the provisions of this article. Sec. 15 -37. Enforcement of Article. The Police Department is given the authority and is instructed to watch and observe the conduct of holders and drivers operating under this article. Upon discovering a violation of the provisions of this article, the Police Department shall report the violation to the Board of Public Works and- Satety which will order or take appropriate action. Sec. 15 -39. Division 2. Required. Certificates of Public Convenience and Necessity 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 without having first obtained a certificate of public convenience and necessity from the.Board of Public Works. and- Safety- The permit shall continue to be valid upon payment of the annual renewal fee or until suspended or revoked pursuant to the provisions of this division. Sec. 15 -40. Application; contents. (a) An application for a certificate shall be filed with the Board of Public Works and- Satety upon forms provided by the City, and be verified under oath. (7) Such further information as the Board of Public Works and- Satety may require. Sec. 15 -41. Public hearing; notice. (a) Upon the filing of an application, the Board of Public Works and- gatelry shall fix a time and place for a public hearing thereon. Notice of hearing shall be given to the applicant and to all persons to whom certificates of public convenience and necessity have been theretofore 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- Sal=ety amemorandum in support of or in opposition to the issuance of a certificate. (4) (b) 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 effective date of this division, a certificate of public 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 15 -40 and complying with section 15 -43. No notice and no public hearing shall be necessary as required by this section. Sec. 15 -42. Issuance; denial. (a) If the Board of Public Works and - Safety finds that additional taxicab service in the City is required by the public convenience and necessity and that the applicant is fit, willing and able to perform such public transportation and to conform to the provisions of this article and the rules promulgated by the Board, then the Board shall issue a certificate stating: (1) The name and address of the applicant; (2) The number of vehicles authorized under such certificate; and (3) The date of issuance. (b) If a certificate is not issued, the application shall be denied. Sec. 15 -43, Liability Insurance Required; Contents. (a) No certificate of public convenience and necessity may be issued or continued in operation to a holder unless there is on file in the office of the Controller, and in force and effect, a current policy of insurance in an amount of not less than fifty thousand dollars ($50,000.00) for injury to or destruction of property as a result of any one occurrence and a public liability policy covering accidental bodily injury, including death, to any member of the public in an amount of not less than one hundred thousand dollars ($100,000.00) for all public liability from any one occurrence. Said policy shall be updated annually and on file with the Office of the Controller before any issuance of a certificate of public convenience and necessity. Sec. 15 -45. Transferability - of certificate No certificate of public convenience and necessity may be sold, assigned, mortgaged or other wise transferred without the consent of the Board of Public Works. and - Safety- Sec. 15 -50. Taxicab driver's license; application approval or rejection; written report. (a) The Controller shall upon consideration of the application and the reports and certificate required to be attached thereto approve or reject the application. If the application is rejected, the applicant may request a personal appearance before the Board of Public Works and - Safety to offer evidence why his application should be reconsidered. Sec. 15 -54. Taxicab driver's license; suspension or revocation. (a) The Board of Public Works and- Safety is given the authority to suspend any driver's license issued under this Division for a driver failing or refusing to comply with the provisions of this Article. The suspension shall last for a period of not more than thirty (30) days. (b) The Board of Public Works and - Safety is also given authority to revoke any driver's license for failure to comply with the provisions of this Article. However, a license may not be revoked unless the driver has received notice and has had an opportunity to present evidence in his behalf. Sec. 15 -55. Compliance with Federal, State and City laws. Every driver licensed under this Division shall comply with all City, State and Federal laws. Failure to do so shall justify the Board of Public Works and - Safety suspending or revoking a license. (5) SECTION II: Until an operator, as defined by Section 15 -8 (7) of the Municipal Code of the City of ou th Bend, Indiana, establishes the first scheduled rates of are as provided or in section lb-ib OT said Municipal Code, as amended y this ordinance, the rates of are se forth in said section 15-16 prior to tFie amendment containeci in tnis ordinance shall remain in effect,-except tha , after the effective ate of this ordinance until such first scheduled rates of are are es a is ed, each operator shall charge one dollar or the Tirst one-Tiffff- (1/5) of a mile or raction thereo -f` . SECTION III: This ordinance shall be in full force and effect from and after its passage by the Common Council, approval by the Mayor, and legal publication. Passed, as amended, October 8, 1979 (6) be o the Co on Council CITY OF SOUTH BEND COMMON COUNCIL JOSEPH T. SERGE First District WALTER M. SZYMKOWIAK Second District TERRY S. MILLER Third District ROGER O. PARENT Fourth District ROBERT G. TAYLOR Fifth District WALTER T. KOPCZYNSKI Sixth District MARY CHRISTINE ADAMS At Large RICHARD C. DOMBROWSKI At Large FRANK HORVATH At Large CITY OF SOUTH BEND South Bend, Indiana 46601 September 19, 1979 AREA 219 284 -9321 441 COUNTY -CITY BUILDING TO: The South Bend Common CouncilSOUTH BEND, INDIANA 46601 FROM: Kathleen Cekanski- Farrand,3� Council Attorney RE: Amendments to the City Taxicab Law On Monday, August 13, 1979, Attorney Kevin J. Butler met with you in caucus to discuss the setting of taxicab fares. Mr. Butler represented Mr. Donald Heilman, Jr., of Courtesy Cab Company and Mr. Roy Sharpe of Yellow Cab Leasing Company of Indiana, Inc. Since that meeting, discussions have taken place with Mr. Butler and the Clerk of the Board of Public Works. The attached bill amends and law now in effect. It delet, specifically authorizes each its taxicab rates subject to Public Works and publication local newspapers. updates the taxicab as obsolete material, and company to establish filing with the Board of for thirty days in two If you have any questions or are in need of additional material, I would be happy to be of assistance. Thank you. Xv #lie (fommon Tounrd of #ter Tug of oot# ilrnh: Your Committee OF THE WHOLE to whom was referred A BILL AMENDING VARIOUS SECTIONS OF CHAPTER 15, ARTICLE 2, COMMONLY KNOWN AS TAXICABS OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA. Respectfully report that they have examined the matter and that in their o inion THIS BILL SHOULD BE RECOMMENDED TO THE COUNCIL FAVORABL -Ee AS AMENDED: In Section I, sub - section (c) of Section 15 -16 is deleted. In Section 1, Sec. 15 -21 (a) delete last sentence. A new Section II is added to read: Section II: Until an operator, as defined by Section 15 -8 (7) of the Municipal Code of the City ofSouth Bend, Indiana, establishes the first scheduled rates of fare as provided for in Section 15 -16 of said Municipal Code, as amended by this Ordinance, the rates of fare set forth in said Section 15 -16 prior to the amendment contained in this Ordinance shall remain in effect, except that, after the effective date of this ordinance until such first scheduled rates of fare are established, each operator shall charge one dollar ($1.00) for the first one -fifth (1/5) of a mile or fraction thereof. Section II is redesignated Section III FRANK HORVATH Chairman FREW PRESS PUBLISHING CO.