Loading...
HomeMy WebLinkAboutRepealing Chapter 36 Relating to TaxicabsORDINANCE NO. 4na -66 Passed by the Common Council of the City of South Bend, RFi Presented by me to the Mayor of the City of South Bend, Approved and signed by M Clerk of Common Council Clerk IDEAL C01JR0 PRESS ORDINANCE NO. l�A3��66 AN ORDINANCE REPEALING CHAPTER 36 OF THE MUNICIPAL CODE OF THE CITY OF SOUTH BEND, INDIANA, 1962, RELATING TO TAXICABS AND OTHER VEHICLES; AND ENACTING AN ORDINANCE REGULATING TAXICABS AND OTHER VEHICLES; LICENSING TAXICABS AND TAXICAB DRIVERS; PROVIDING FOR TAXICAB STANDS ON THE PUBLIC STREETS; PROVIDING PENALTIES FOR THE VIOLATION THEREOF, AS AMENDED BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA: Chapter 36 of the Municipal Code of the City of South Bend, Indiana, 1962, relating to taxicabs and other vehicles is hereby repealed and the following ordinance is enacted in lieu thereof: SECTION 1. DEFINITIONS The following words and phrases when used in this ordinance have the meanings as set out herein; (a) Certificate means a certificate of public convenience and necessity issued by the Board of Public Works and Safety authorizing the holder thereof to conduct a taxicab business in the City of South Bend, Indiana. (b) Cruising means the driving of a taxicab on the streets, alleys, or public places of the City of South Bend, Indiana, in search of, or soliciting prospective passengers for hire. (c) Driver's license means the written permit granted by the Board of Public Works and Safety to a person to drive a taxicab upon the dtreets of the City of South Bend, Indiana (d) Holder means a person to whom a certificate of public convenience and necessity has been issued. (e) Manifest means a daily record prepared by a taxicab driver of all trips made by said driver showing time and place of origin, destination, number of passengers, and the amount of fare of each trip. (f) Person includes an individual, a corporation or other legal entity, a partnership, and any unincorporated association, and shall also include any group or association of individuals to whom a certi- ficate of public convenience and necessity has been issued who join together or associate themselves together under a trade name for operation of a taxicab business. (g) Rate card means a card issued by the Board of Public Works and Safety for display in each taxicab which contains the rates of fare then in force. (h) Taxicab means a motor vehicle regularly engaged in the business of carrying passengers for hire, having a seating capacity of less than eight (8) persons and not operated on a fixed route. (i) Taximeter means a meter instument or device attached to a taxicab which measures mechanically the distance driven and the waiting time upon which the fare is based. (j) 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. (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. SECTION 5. ISSUANCE OF CERTIFICATE If the Board of Public Works and Safety finds that additional taxicab service in the City of South Bend is required by the public convenience and necessity and that the applicant is fit, willing, and able to per- form such public transportation and to conform to the provisions of this ordinance and the rules promulgated by the Board of Public Works and safety, then the Board of Public Works and Safety shall issue a certificate stating the name and address of the applicant, the number of vehicles authorized under said certificate and the date of issuance; otherwise, the application shall be denied. SECTION 6. LIABILITY INSURANCE REQUIRED. No certificate of public convenience or necessity shall be issued or continued in operation unless there is on file in the office of the city controller, and in force and effect, a policy of insurance in total amount of Fifty thousand dollars ($50,000.00) for injury to or destruction of property as the 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 the in -jury or death of any one person, and a minimum limit of not less than Three hundred thousand dollars ($300,000.00) for all public liability from any one occurrence, which policy of insurance shall insure such owner and his agents against liability for the payment of any final judgement, or in case of appeal within sixty (60) days after the affirmation of such judgement, that may be rendered against him for damages to the property or person of others or for damage for the wrongful death of others, resulting from any accident or collision for which such owner will be liable on account of any act of negligence in the operation of such taxicab or which may arise or result from any violation of any of the provisions of this article or the laws of the state by him, his agents or servants. Such policy of insurance on file in the office of the City Controller, shall contain the following provision: - The City of South Bend, through the office of the City Controller, will be given 15 days notice prior to the effective date of the cancellation or other material change of this policy. SECTION 7. FEES No certificate shall be issued until the holder thereof has paid an initial license fee of Five hundred dollars ($500:00) for the right to engage in the taxicab business and Thirty -five dollars ($35.00) each year for each vehicle operated under a certificate of public convenience and necessity. Said license fees shall be in addition to any other license fees or charges established by proper authority and applicable to said holder or the vehicle or vehicles under his operation and control. The initial license fee of $500.00 as provided for in this section shall not apply to persons now having a valid certificate of public convenience and necessity. SECTION 8. TRANSFER OF CERTIFICATES. No certificate of public convenience and necessity may be sold, assigned, mortgaged or otherwise transferred without the consent of the Board of Public Works and Safety. SECTION 9. SUSPENSION AND REVOCATION OF CERTIFICATES. A certificate issued under the provisions of this ordinance may be revoked or suspended by the Board of Public Works and Safety if the holder thereof has (a) violated any of the provisions of this ordinance, (b) discontinued operations for more than ten (10) days, (c) has violated any ordinances of the City of South Bend, or the laws of the United States or the State of Indiana, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation. Prior to suspension or revocation, the holder shall be given notice of the proposed action to be taken and shall have an opportunity to be heard. SECTION 10. TAXICAB DRIVER'S LICENSE No person shall operate a taxicab for hire upon the streets of the City of South Bend, and no person who owns or controls a taxicab shall permit it to be so driven, and no taxicab licensed by the City of South Bend shall be so driven at any time for hire, unless the driver of said taxicab shall have first obtained and shall have then in force a taxicab driver's license issued under the provisions of this ordinance. SECTION 11. APPLICATION FOR DRIVER'S LICENSE An application for a taxicab driver's license shall be filed with the Board of Public Works and Safety on forms provided by the City of South Bend; and such application shall be verified under oath and shall contain the following information: (a) The names and addresses of four residents of the City of South Bend who have known the applicant for a period of five (5) years and who will vouch for the sobriety, honesty, and general good character of the applicant. (b) The experience of the applicant in the transportation of passengers. (c) The educational background of the applicant. (d) A concise history of his employment. Each application shall be accompanied by a certificate from a reputable physician of the City of South Bend certifying that, in his opinion, the applicant is not suffering with any disease or infirmity which might make him an unsafe or unsatisfactory driver. At the time the application is filed the applicant shall pay to the City Controller the sum of Twenty -five dollars ($25.00). The provisions of this section shall not apply to persons now having a valid taxicab drivers license at the time this ordinance becomes effective, but such persons shall comply with the renewal provisions of this section on and after January 1, 1967. SECTION 12. CURRENT STATE MOTOR VEHICLE OPERATOR'S PERMIT REQUIRED Before any application is finally passed upon by the Board of Public Works and Safety the applicant shall be required to show that he has a current motor vehicle operator's permit issued by the State of Indiana. SECTION 13. POLICE INVESTIGATION OF APPLICANT. Traffic and Police Record. The Police Department shall conduct an investigation of each applicant for a taxicab driver's license and a report of such investigation and a copiy of the traffic and police record of the applicant, if any, shall be attached to the application for the consideration of the Board of Public Works and Safety. SECTION 14. CONSIDERATION OF APPLICATION. The Board of Public Works and Safety shall upon consideration of the application and the reports and certificate required to be attached thereto shall approve or reject the application. If the application is rejected, the applicant may requ6st a personal appearance before theBoard of Public Works and Safety to offer evidence why his application should be reconsidered. SECTION 15. ISSUANCE OF LICENSE -- DURATION -- ANNUAL FEE Upon approval of an application for a taxicab driver's license the Clerk of the Board of Public Works and Safety shall issue a license to the applicant which shall bear the name, address, color, age sig- nature and photograph of the applicant. Such - license shall be in effect for the remainder of the calendar year. A license for every calendar year thereafter shall issue upon filing of a medical certificate and the payment of One dollar ($1.00) unless the license for the preceding year has been revoked. SECTION 16. DISPLAY OF LICENSE Every driver licensed under this ordinance shall post his driver's license in such a place as to be in full view of all passengers while such driver is operating a taxicab. SECTION 17. SUSPENSION AND REVOCATION OF LICENSE. The Board of Public Works and Safety is hereby given the authority to suspend any driver's license issued under this ordinance for a driver's failing or refusing to comply with the provisions of this ordinance, such suspension to last for a period of not more than thirty (30) days. 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 ordinance. However, a license may not be revoked unless the driver has received notice and has had an opportunity to present evidence in his behalf. SECTION 18. FAILURE TO COMPLY WITH CITY. STATE AND FEDERAL LAWS. Every driver licensed under this ordinance shall comply with all City, State and Federal laws. Failure to do so will justify the Board of Public Works and Safety suspending or revoking a license. SECTION 19. VEHICLES - - EQUIPMENT AND MAINTENANCE. (a) Vehicles must be licensed. Prior to the use and operation of any vehicle under the provisions of this ordinance said vehicle shall be thoroughly examined and inspected by the Police Department and found to comply with such reasonable rules and regulations as may be pre- scribed by the Board of Public Works and 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 shall deem necessary therefore. 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 which shall also state the authorized seating capacity of said vehicle. (b) Periodic Inspections. Every vehicle operating under this ordinance shall be periodically inspected by the Police Department at such inter- vals as shall be established by the Board of Public Works and Safety to insure the maintenance of safe operating conditions. (c) Vehicles Must Be Kept in a Clean and Sanitary Condition. Every vehicle operating under this ordinance shall be kept in a clean and sanitary condition according to rules and regulations promulgated by the Board of Public Works and Safety. SECTION 20. DESIGNATION OF TAXICABS Each taxicab shall bear on the outside of each front or rear door, in painted letters five (5) inches in height, the name of the holder of a certificate of public convenience and necessity, and the number of the license plainly painted 5 inches in height, on the rear of such vehicle, and in addition, may bear an identifying design approved by the Board of Public Works and Safety. No vehicle covered by the terms of this ordinance shall be licensed whose color scheme, identifying design, monogram or insignia to be used thereon shall, in the opinion of the Board of Public Works and Safety conflict with or imitate any color scheme, identifying design, monogram or insignia used on a vehicle or vehicles already operating under the ordinance, in such a manner as to be misleading or tend to ceceive or defraud the public; and provided further, that if, after a license has been issued for a taxicab here- under, the color scheme, identifying design, monogram, or insignia thereof is changed so as to be, in the opinion of the Board of Public Works and Safety, 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 or taxicabs shall be suspended or revoked. SECTION 21. TAXIMETER REQUIRED All taxicabs operated under the authority of this ordinance shall be equipped with taximeters fastened in front of the passengers, visible to them at all times day and night; and, after sun down, the face of the taximeter shall be illuminated. Said taximeter shall be operated mechanically by a mechanism of standard design and construction, driven from a non powered wheel by a flexible and permanently attached driving mechanicism. They shall be sealed at all points and connections which,if manipulated would effect 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 the flag of such taximeter into a non - recording position at the termination of each trip. The said taximeter shall be subject to inspection from time to time by the Department of Police. Any inspector or other officer of said department is hereby authorized either on complaint of any person or without such complaint, to inspect any meter and upon discovery of any inaccuracy therein, to notify the person operating said taxicab to cease operation. Thereupon said taxicab shall be kept off the highways until the taximeter is repaired and in the required working condition. SECTION 22. RATES OF FARE -- RATE CARD REQUIRED. The rates of fare charged by the operator of any taxicab shall be as follows: (a) Hour rates: Three dollars ($3.00) per hour for one or more passengers, if so hired before the trip is begun. (b) Mileage rates: Forty -five cents (45p) for the first 1/5 mile or fraction thereof; Ten cents (104;) for each additional 1/3 mile or fraction thereafter. (c) Waiting time: Twenty cents (20p) for each Four (4) minutes of waiting time or fraction thereof. Every taxicab operated under this ordinance shall have a rate card setting forth the authorized rates of fare displayed in such a place as to be in view of all passengers. SECTION 23. RECEIPTS The driver of any taxicab shall upon demand by the passenger render to such passenger a receipt for the amount charged, either by a mechan- ically printed receipt or by a specially prepared receipt on which shall be the name of the owner, license number or motor number, amount of meter reading or charge and date of transaction. SECTION 24. REFUSAL OF PASSENGER TO PAY LEGAL FARE. It shall be unlawful for any person to refuse to pay the legal fare of any of the vehicles mentioned in this ordinance after having hired the same, and it shall be unlawful for any person to hire any vehicle here- in defined with intent to defraud the person from whom it is hired of the value of such service. SECTION 25. SOLICITATION, ACCEPTANCE AND DISCHARGE OF PASSENGERS. (a) Solicitation of Passengers by Driver. No Driver shall solicit: passengers for a taxicab except when sitting in the driver's com- partment of such taxicab or while standing immediately adjacent to the curb side thereof. The driver of any taxicab shall remain in the driver's compartment or immediately adjacent to his vehicle at all times when such vehicle is upon the public street, except that, when necessary a driver may be absent from his taxicab for not more than five (5) consecutive minutes, and provided further that nothing herein contained shall be held to prohibit any driver from alighting to the street or sidewalk for the purpose of assisting passengers into or out of such vehicle. (b) Prohibited Solicitation. No driver shall solicit patronage in a loud or annoying tone of voice or by sign or in any manner annoy any person or obstruct the movement of any persons, or follow any person for the purpose of soliciting patronage. (c) Receipt and Discharge of Passengers on Sidewalk Only. Drivers of taxicabs shall not receive or discharge passengers in the roadway but shall pull up to the right -hand sidewalk as nearly as possible or in the absence of a sidewalk, to the extreme right -hand side of the road and there receive or discharge passengers, except upon one -way streets, where passengers may be discharged at either the right or left hand sidewalk, or side of the roadway, in the absence of a sidewalk. (d) Cruising. Any taxicab driver may solicit employment by driving through any public street without stopping, other than when required because of obstruction of traffic, and at such a speed as not to interfere with or impede traffic. (e) Additional Passengers. No driver shall permit any other person to occupy or ride in said taxicab, unless the person or persons first employing the taxicab shall consent to the acceptance of additional passenger or passengers. No charge shall be made for an additional passenger except when the additional passenger rides beyond the pre- vious passenger's destination and then only for the additional dis- tance so traveled. (f) Restriction on Number of Passengers. No driver shall permit more persons to be carried in a taxicab as passengers than the rated seating capacity of his taxicab as stated in the license for said vehicle issued by the Police Department. A child in arms shall not be counted as a passenger. (g) Refusal to Carry Orderly Passengers Prohibited. No driver shall refuse or neglect to convey any orderly person or persons, upon request, unless previously engaged or unable or forbidden by the provisions of this ordinance to do so. (h) Prohibition of Drivers. It shall be a violation of this ordinance for any driver of a taxicab to solicit business for any hotel, or to attempt to divert patronage from one hotel to another. Neither shall such driver engage in selling intoxicating liquors or solicit business for any house of ill repute or use his vehicle for any purpose other than the transporting of passengers. (i) Prohibition of Passengers. It shall be unlawful for the driver of any taxicab to permit any person or persons to stand on the running board of such vehicle while the same is in motion, and it shall be un- lawful for any person to ride on the running board of such vehicle when the same is in motion. SECTION 26 TAXI- STANDS -- REQUIREMENTS TO BE MET: GRANTING OF PERMIT Any holder of a certificate of public convenience and necessity under this ordinance desiring to occupy a certain designated place on a public street of the city as a taxi stand shall file an application to the Board of Public Works and Safety, on blanks to be furnished by such Board. Such application shall contain the following: (a) The number of taxicabs to be maintained at the particular stand. (b) The representation that there will be maintained a telephone connection directly to the main office of such holder of a certificate of public convenience and necessity near such stand or in the building next adjacent thereto, for at least eight hours each day or that there will be maintained two -way radio communication between the taxicab using such stand and the central office of the holder of a certificate of public convenience and necessity. Upon the holder of a certificate of public convenience and necessity complying with the above requirements, the Board, in its sole discretion, may permit such holder to occupy the designated place as a taxi stand if such occupancy is consistent with public convenience and necessity. For the purpose of this section "holder" shall include any group or association of individuals to whom a certificate of public convenience and necessity has been issued who join together or associate themselves together for the joint use by them of such taxicab stands. The holder of a certificate of convenience and necessity under this ordinance shall pay One hundred twenty -five dollars ($125.00) per year to the city controller for each twenty -two feet of the public streets occupied and used as a taxi stand; provided that if any taxi stand permit is granted by the city on streets not equipped with parking meters, this fee shall not be charged. Such taxistand permits shall continue to be valid from year to year upon payment of the prescribed fee or until suspended or revoked pursuant to the provisions of this ordinance. No taxi stand permit shall be transferred or assigned without the written consent of the Secretary of the Board of Public Works and Safety, duly authorized and directed by the Board. The stand for which such permit shall be issued shall not encroach upon any part of the streets or curbs zoned or designated for any other purpose. Such taxistand permit may be revoked by the Board of Public Works and Safety for good cause shown after due notice to the holder of the Certificate of Public Convenience and Necessity; and hearing. All taxi stands shall be marked by the Police Department by appropriate painting of the adjacent curb and by affixing to the curb at each end of the stand a metal standard to be furnished by the licensee with the words "Taxicab Stand of it plainly stenciled upon such standard. All taxi stands may be occupied and used only by taxicabs belonging to or under the control of the particular holder of a certificate of public convenience and necessity to whom such stands are assigned for the full period of twenty -four hours each day; provided, that all such taxi stands shall always be available for use by the police or fire departments of the city and shall be subject to the rights of reasonable ingress and egress of the abutting property owner or his lessee. 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 hereof of a permit to occupy taxi stands, the places respectively heretofore designated and assigned by the Board of Public Works and Safety to such holders of a taxicab license without the necessity of complying with this section. SECTION 27. PARKING AT PLACES OTHER THAN TAXI STANDS PROHIBITED: It shall be unlawful for the owner or operator of any taxicab licensed under the provisions of this ordinance to cause or permit such taxicab to stand while waiting employment at any place other than a taxicab stand so designated and licensed to such holder under the provisions of Section twenty -six (26). The standing of any taxicabs at a stand not licensed as provided in Section twenty -six (26) shall be unlawful. and cause for revocation of the taxicab license; provided, that the time reasonably necessary.to take on or discharge passengers at points of embarkment or discharge shall not be construed as a standing of the taxicab under the provisions of this section; provided further, that as soon as passengers have been received or discharged the taxicab shall leave the point of parking where such act of receiving or discharging passengers has taken place, unless such act occurred at a licensed stand. SECTION 28. PROHIBITIONS OF OTHER VEHICLES. Private or other vehicles for hire shall not at any time occupy the space upon the streets that have been established as taxicab stands. SECTION 29. TAXICAB SERVICE. All persons engaged in the taxicab business in the City of South Bend operating under the provisions of this ordinance shall render an over all service to the public desiring to use taxicabs. Holders of cert- ificates of public convenience and necessity shall maintain a central place of business and keep the same open twenty -four hours a day for the purpose of receiving calls and dispatching cabs. They shall answer all calls received by them for services inside the corporate limits of South Bend as soon as they can do so and if said services cannot be rendered within a reasonable time they shall then notify the prospective passengers how long it will be before the said call can be answered and give the reason therefor. Any holder who shall refuse to accept a call anywhere in the corporate limits of the City of South Bend at any time when such holder has available cabs; or who shall fail or refuse to give over -all service, shall be deemed a violator of this ordinance and the certificate granted to such holder shall be revoked at the discretion of the Board of Public Works and Safety. SECTION 30. MANIFESTS 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 and all such 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. Each holder of a certificate of public convenience and necessity shall retain and preserve all drivers' manifests in a safe place for at least the calendar year next preceding the current calendar year, and said manifest shall be available to the Board of Public Works and Safety. SECTION 31. HOLDER'S RECORDS AND REPORTS (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. Every holder shall maintain the records containing such information and other data required by this ordinance at a place readily accessible for examination by the Board of Public Works and Safety. (b) Such records shall be preserved and maintained for three (3) calendar years. SECTION 32. ADVERTISING Subject to the rules and regulations of the Board of Public Works and Safety, it shall be lawful for any person owning or operating a taxicab or motor vehicle for hire to permit advertising matter to be affixed to or installed in or on such taxicabs or motor vehicles for hire. SECTION 33. POLICE DEPARTMENT -- DUTY TO ENFORCE ORDINANCE. The Police Department of the City of South Bend is hereby given the authority and is instructed to watch and observe the conduct of holders and drivers operating under this ordinance. Upon discovering a violation of the provisions of this ordinance, the Police Department shall report the same to the Board of Public Works and Safety which will order or take appropriate action. SECTION 34. PENALTY Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding One hundred dollars ($100.00) or by imprisonment in the County jail not exceeding thirty (30) days, or by both such fine and imprisonment. SECTION 35. DECEIVING PASSENGERS PROHIBITED It shall be unlawful for the owner or driver of any taxicab to deceive, misinform or mislead any passenger who may ride or desire to ride in such vehicle as to his destination or the price to be charged for conveying such passengers. SECTION 36. DIRECT ROUTE TO BE FOLLOWED. Any taxicab driver employed to transport passengers to a definite point shall take the shortest and most direct route posdible_ that will carry the passengers to their destination safely and expeditiously. SECTION 37. CHARGING EXCESS RATES PROHIBITED No person owning or driveing any taxicab shall charge a passenger in excess of the rate of fare indicated on the taximeter, if the taxicab is hired by mileage, or as advertised in the card displayed inside the taxicab, as required by this ordinance. SECTION 38. ORDERLY PERSONS TO BE CARRIED UPON REQUEST; EXCEPTIONS; ADDITIONAL PASSENGERS. It shall be unlawful for the driver of a taxicab to refuse or neglect to convey any orderly person upon request anywhere in the city, unless previously engaged or unable to do so, if such person agrees to pay the fare for such use of the taxicab. No driver of a licensed taxicab shall carry any other person than the passenger first employing the taxicab without the consent of the first passenger. SECTION 39. CARRYING PASSENGERS IN EXCESS OF SEATING CAPACITY PROHIBITED Carrying passengers in excess of seating capacity prohibited. No driver shall carry a number of passengers greater than the seating capacity of his taxicab. SECTION 40. DISPOSITION OF ARTICLES LEFT IN TAXICABS Whenever any package, article of baggage or goods of any kind shall be left in any taxicab or in the custody of the driver of any such vehicle, such driver shall, upon the discovery of such package or article, forthwith deliver the same to the company's main office and into the hands of the management in charge thereof and receive from such manager a receipt for same, ynless such package or article shall be sooner delivered to the owner thereof on the order of such owner. SECTION 41. RIDING ON FRONT SEAT It shall be unlawful for the driver or owner of any licensed taxicab to allow any person, except one person who pays his due fare, to ride on the front seat with the driver of such vehicle while the same is engaged in the business of carrying persons for hire. SECTION 42. POWER OF BOARD TO ADOPT ADDITIONAL RULES AND REGULATIONS The Board of Public Works and Safety shall have the power to make and adopt such additional rules and regulations as shall be in its judge- ment and discretion necessary and proper for safety in the driving or managing of taxicabs; provided, that such additional rules and regulations shall not be inconsistent with the provisions of this article. SECTION 43. SEVERABILITY Each of the provisions of this ordinance are severable, and if any provision shall be declared to be invalid, the remaining provisions shall not be affected but shall remain in full force and effect. SECTION 44. REPEALING PROVISION All ordinances or parts or ordinances in conflict with this ordinance are hereby repealed. SECTION 45. LICENSE REQUIRED No person shall operate any commercial, bus, making five or more stops within the city for the purpose of taking on or discharging passengers, without first having obtained a license for such bus. SECTION 46. FEES Any person desiring to obtain a license under Section 45 shall pay to the City Controller, for the benefit of the city, for each commercial bus to be so operated, an annual license fee of seventy -five dollars for each vehicle having a rated seating capacity of more than twelve passengers; provided, that such license fee shall not apply to commercial vehicles which are operating under the terms of any contract entered into by the owner thereof with the Board of Public Works and Safety and ratified by the Common Council and which are operated regularly under a regular time schedule; provided further, that the license fees for vehicles operated under any such contract and which have rated seating capacity of more than twelve passengers shall be twenty -five dollars per year. SECTION 47. SUBSTITUTE VEHICLES No license required by Section 45 shall be required for vehicles held in reserve for the purpose of substituting while vehicles on which license has been issued are being repaired, in which case the license tag on the vehicle for which a license has been issued and which is being repaired may be transferred temporarily to such reserve vehicle while it is being used as a substitute for the regular vehicle. SECTION 48. EFFECTIVE DATE This ordinance shall be in full force and effect from and after its adoption by the Common Council of the Civil City of South Bend, Indiana, its approval by the Mayor by Affixing his signature to said ordinance, and legal publications. ember of the Common Council DF THE WHOLE rUEUG HEART 3rd READING NOT A MOVED REfERrRED PASSED