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HomeMy WebLinkAboutOrdinance Amending Sections 3, 16 & 21 of Ordinance No. 2979 and Section 1 of Ord. No. 3309 and Section 1 of Ord. No. 3359 for an Application Form for LicensesORDINANCE No. 3656 Passed by the Common Council of the City of South Bend, AUGUST 23RD, 1$-48— -tinted by me to the Mayor of the City of South Bend, AUGUST 24TH- 19648 — 4 Approved and signed by Clerk of Common Council 'IMP-7 Clerk Ist & 2nd READIH COMMITTEE DF TI PUBLIC HEARING' 3rd READM J —, NOT APPROYM WMER PAMM r- a ORDINANCE N0. 3656 -0/r �P WHEREAS, the business of operating taxicabs is affected with the public interest; and WHEREAS, the operation of such taxicabs involves the use of city streets and requires regulation for the proper protection of the life, safety and property of the citizens of the City: Section 1. NOW, , BE IT ORDAINED by the Common Council of the City of South Bend, Indiana, that Section 3 of Ordinance No. 2979 of the Ordinances of the City of South Bend, Indiana, be amended to read as follows: SECTION 3. TAXICAB DRIVERS' LICENSES: No person shall drive a taxicab and no person, firm or corporation shall permit any agent or employee to drive any taxi- cab controlled by it within the City of South Bend unless such driver has first obtained a taxicab driver's license under the provisions of this ordinance. Provided, however, that any driver regularly operating a taxicab in any other municipality may carry passengers from any such municipality to any place or point with- in the City of South Bend and may freely enter and temporarily travel within said City for said purposes without procuring such license, but such driver shall not solicit business or otherwise operate within the City of South Bend. All persons desiring a license to drive A taxicab to be 1. operated within the City of South Bend, Indiana, shall comply wi the following terms, conditions and obligations within fifteen days from and after the effective date of this ordinance: (a) Such person shall be a citizen of the United States of America or have declared his intention so to become wi in six years preceding such application; (b) Be of the age °of twenty -one (21) years or over; (c) Be of good moral character; (d) Be an experienced and qualified driver; (e) Have health such as not to interfere with his driving of a taxicab while so engaged; (f) Fill out and submit to the City Controller of the City of South Bend, Indiana, a verified application on a form to be prescribed or to be furnished by said official, giving the abov information and such other data as may be requested thereon, in- cluding the full name and address, age, citizenship status, record of arrests and convictions, including traffic violations, driving experience, and references of at least two resident householders acquainted with the applicant and his moral character; Upon receiving such verified application for license properly made out and executed, the City Controller shall, within forty -eight (48) hours of the time of receiving such application, submit the same to the Chief of Police,who shall make or cause to be made, by such other police officer as he may designate, an immediate investigation concerning the truth or falsity of the information contained in said application, and report the result o such investigation to the City Controller within five (5) days from the date of receiving the application from said Controller, which said report shall contain the result of said investigation, Including the applicant's record of arrests and convictions, if any, including traffic offenses and all other information request- ed in said application. Upon receiving said report,the Controller 2. shall within two days either grant or reject said application. If he shall reject said application it shall be the duty of said Controller to submit forthwith the original application together with the report of the Chief of Police, to the Board of Public Works and Safety, and he shall set forth his reason or reasons for the rejection of said application. Upon receiving such application and report, the Board of Public Works and Safety shall at its next regularly scheduled meeting,determine whether or not said applica- tion shall be granted. I f said Board determine that said applica• tion shall be granted it shall so instruct the City Controller and said City Controller shall thereupon issue said license, and if it determine that it shall not be granted, it shall at said meeting set a time, not more than ten (10) days from the date of said meet- ing, for hearing on said application for license and shall notify the applicant of the time and place of said hearing. Upon the date of the hearing, the applicant for license may be present in person and may be accompanied by an attorney or any other representatives. The Board shall thereupon conduct a full hearing and shall determine whether or not said application shall be granted. In conducting the hearing the applicant may adduce such evidence before the Board as may be applicable in the case. And the Board, in reaching its decision, shall give due consideration to any such factors as determine the qualifications of said applicant to meet the requirements of the existing ordi- nances and amendments relating to the driving of taxicabs on the streets of the City of South Bend. The Board, in conducting any hearings as provided in this ordinance, shall not be bound by the common law rule of evidence but may admit such evidence which in its discretion it feels will aid it in reaching its decision. The Board may also adopt such rules of practice and procedure as may be necessary. 3. It shall be the duty of the Chief of Police of the City of South Bend to report in writing to the City Controller Concern- ing the arrests and conviction of any person licensed to operate or drive any taxicab or taxicabs within the City of South Bend, Indiana. In the event any person so licensed to operate or drive shall be convicted of any misdemeanor or felony involving moral turpitude or reckless disregard for the life of persons and prop- erty in the operation of a motor vehicle, then the Board may forth with revoke any license issued to such person. In the event any person whose license may be so revoked desires, and in writing requests, a hearing, the Board shall arrange for such hearing with in fifteen (15) daysafter receiving such request and may after such hearing, reinstate such license, in the event no conviction of the type referred to above was actually had against the licensee; or may, in its sole discretion reinstate said license permanently or on reasonable conditions, in the event extenuating or mitigating circumstances are shown. Section 2. That Section 1 of Ordinance No. 3309 be amended to read as follows: SECTION 1. INSURANCE OR CASH BOND OR GOVERNMENT BONDS DEPOSIT REQUIRED. It shall be unlawful for any person, firm or corporat to operate any taxicab within the city limits of the City of Sou Bend unless there is on file or on deposit in the office of the City Controller of said City, and approved as to form and securi by him, and in full force and effect, either (1) A bond or bonds executed by the owner or operator of said taxicabs as principal, and secured by cash deposit or deposits of negotiable United States Government Bonds in the penal sum of Twenty Thousand Dollars ($20,000.00); provided the number < city licensed taxicabs in operation by said owner or operator doer not exceed twenty -five (25); provided,further,that if any such owr or operator of taxicabs should operate more than twenty -five (25) 4. cabs within the city limits of the City of South Bend, an addi- tional bond or bonds in the penal sum of Five Hundred Dollars ($500.00) shall be deposited by said owner or operator and secured as above set forth for each cab operated by him or it over and above twenty -five (25) in number. Said bond shall be conditioned, among other things, that the owner or operator of said taxicab or taxicabs will pay any final judgment that may be rendered against him or it for damages to the property of others or for the bodily Injuries to or death of others resulting from accident or eollisio . for which said owner or operator will be liable on account of aly acts of negligence of his or his agents or servants in the negli- gent operation of or defective construction of said taxicab or taxicabs, or which may arise or result from any violation of any of the provisions of this ordinance or of the laws of the State of Indiana by his or its agents or servants. In the event said opera- tor, who has thus deposited with the City Controller a bond or bonds as in this section provided, should not pay any final judg- ment that may be rendered against him or it for damages, as above provided, within sixty (60) days after the entry of such final judgment, or in case of appeal within sixty (60) days after the affirmation of said judgment, the cash or bonds so deposited with the City Controller may be used by that official for the purpose of liquidating any and all such claims. The sum of Twenty Thousand 020,000.00) Dollars, plus Five Hundred Dollars ($500.00)0 for each additional cab over twenty -five (25), in cash or that amount of face value government bonds so deposited as security with the City Controller by said licensee shall at all times remain intact in that full amount so that if all or any part of this cash fund or government bonds given as security shall be used by the City Controller in the liquidation of unpaid judgments against said censee,the said licensee shall forthwith d6posit and make good the deficit so as to bring the principal amount of this guaranty 5. fund up to the sum of Twenty Thousand ($20,000.00) Dollars, plus Five Hundred Dollars ($500.00) for each additional cab over twenty -five (25), in cash or a like amount of face value in govern ment bonds. Upon neglect or refusal of said licensee to reestabli said guaranty fund, upon ten (10) days' written notice by the said Controller to said licensee, the license or licenses to operate taxicabs theretofore granted by the said Controller to said licensee shall be revoked and cancelled; or (2) A policy of insurance in the total amount of 5,000.00 for injury to or destruction of property as the result of any one accident, and a public liability policy covering accidental bodily injury, including death, to any member of the public in an amount of not less than $5,000.00,for the injury or death of any one person, and a minimum limit of not less than $10,000.00 for all public liability resulting from any one aeciden' which policy or policies of insurance shall insure said owner or operator, and their agents, against liability for the payment of any final judgment, or in case of appeal within sixty (60) days after the affirmation of said judgment, that may be rendered . against him or them for damages to the property or persons of others or for damage for the wrongful death of others, resulting from any accident or collision, for which said owner or operator will be liable on account of any act of negligence in the operat of said taxicab or taxicabs, of which may arise or result from any violation of any of the provisions of this ordinance or the laws of the State of Indiana by him or his agents or servants. Section 3. That Section 21 of Ordinance No. 2979 be amended to read as follows: SECTION 21. TAXICAB LICENSE: No person, firm or corporation shall operate or permit to be operated any taxicab within the City of South Bend, Indiana, over which he or it has control, without having first obtained therefor a• taxicab license from the City Controller under the pro- 6. �, visions of this ordinance; and from and after the date of the passage of this ordinance, no licenses for such taxicabs shall be issued by the City Controller except in conformity with the pro- visions of.this ordinance as hereinabove and hereinafter set forth and with any reasonable rules and regulations adopted by proper officers and boards of the City in connection with the fulfillment of the terms hereof; provided, however, that any taxicab being habitually operated in any other municipality may carry passengers from such municipality to any place or point within the City of South Bend; and in such case it shall not be necessary to procure a license for such vehicle, but the driver of such vehicle shall not be permitted to solicit or accept business of the City of South Bend or otherwise operate within said City without a license under the provisions of this ordinance. All persons, firms or corporations desiring a license for the operation of one or more taxicabs to be operated in the City of South Bend, Indiana, shall comply with the following terms conditions and obligations: (a) If an individual or partnership, each shall be a citizen of the United States of America or have declared his in- tention so to become within six (6) years preceding such applica- tion; (b) Be of the age of twenty -one (21) years or over, case of individuals and, in case of a corporation, be authorized to operate taxicabs and carry on such business in accordance with the laws of the State of Indiana; (c) Obtain a license for each and every such vehicle vehicles to be operated; (d) Fill out and submit to the City Controller of the City of South Bend, Indiana, a verified application on a form to b prescribed by him or to be furnished by said official, requesting, among other data, the full name and address of the owner or owners legal and equitable, the make, type, motor number, age and capacit 7. of the vehicle or vehicles for which a license is desired, the number of taxicabs sought to be operated by the applicant, whether applicant is able to furnish bond or insurance policy as in the ordinance prescribed protecting against public liability, personal injury or property damage, and such other information as the City Controller may prescribe, which application containing full and complete answers to the Questions therein set forth shall be sworn to and signed by the individual seeking the license, if a person, if a partnership, by one of the partners; or, if a corporation, by an executive officer thereof; (e) Nothing in this ordinance, however, shall be construed so as to prohibit a person, firm or corporation from operating a taxicab purchased under a title contract or plan of financing, where the title thereto, for the purpose of security only, vests in some other person, firm or corporation; (f) Upon receiving an application for license form, properly verified and executed, the City Controller shall, within forty -eight (48) hours of the time of receiving said application, submit the same to the Chief of Police, who shall make or cause to be made, by such police officer as he may designate, an immediate investigation concerning the truth or falsity of information con- tained in said application and report the result of such investiga tion, in writing, to the City Controller within two (2) weeks from the date of receiving the application from said Controller. Upon receiving said report, and within forty -eight (48) hours, the Controller shall examine said application and report and thereupon make his recommendation whether said license should or should not be granted, in whole or in part, and forthwith submit the original application, together with the report of the Chief of Police and his own recommendation, to the Board of Public works and Safety; (g) Upon receiving such application and report, the Board of Public works and Safety shall, at its next regularly scheduled meeting, set a time, not more than thirty (30) days from the date of said meeting, for public hearing upon said appli- cation for license and shall cause notice of said meeting to be published once in a newspaper of general circulation within the City of South Bend; (h) Upon the date of the hearing, the applicants for license shall be present in person and may at their option be accompanied by one or more attorneys, agents or other representa- tives. Any member of the public, including holders of taxi licenses, may also, at their option, be present in person or by attorney, agent or other representatives. The Board shall thereupon conduct a full and complete hearing and shall determine whether or not the public interest, convenience, and necessity reasonably require the additional taxicab service which would result from the granting of the application. In conducting the hearing and reaching its decision said board shall adduce evidence upon and give consideration to the following factors: 1. The requirements of the public; 2. The effect upon traffic conditions in the commun- ity, including all questions of traffic in motion and parking; 3. The financial condition of the applicant and his ability to render service; 4. The number, kind and type of equipment proposed to The furnished by the applicant; 5. The number of taxicabs already licensed in the ci land the necessity or lack of necessity for additional taxicabs. 6. Such othermatters of fact which may be relevant to a proper determination of the public interest, convenience and necessity. (i) After such hearing, said board shall issue, with- in ten (10) days of the date of hearing, a written decision indi- cating whether or not the application is allowed or disallowed in whole or in part; (j) If the Board of Public Works and Safety shall allow an application in whole or in part, upon.the tender to--the 9. Controller of the City of South Bend of the proper amount of fees and compliance with Section 22 hereof, said Controller shall forth with issue such license or licenses for which application has been made and as to which a favorable decision has been received ffom said Board of Public Works and Safety; (k) It shall be the duty of the Chief of Police of the City of South Bend to report in writing to the City Controller concerning the arrest and conviction of any person licensed to operate or drive any taxicab or taxicabs within the City of South Bend, Indiana. In the event any person licensed to operate or drive shall be convicted of any misdemeanor or felony involving moral turpitude or reckless disregard for the life or property of persons in the operation of a motor vehicle, then the Board shall forthwith revoke any license or licenses issued to such person. In the event any person whose license may be revoked desires, and in writing requests,a public hearing the board shall arrange such hearing within thirty (30) days after receiving such request, and shall after such hearing reinstate such license in the event no conviction of the type referred to above was actually had against the licensee; or may in its sole discretion reinstate said license permanently or on reasonable conditions in the event extenuating or mitigating circumstances are shown; (1) The provisions of this section of said ordinance shall not apply to persons, firms or corporations engaged in, or having permits to engage in, a taxicab business at the time of the passage of the within amendment. However, such persons, firms or corporations shall not be permitted to add additional taxicabs to those in number of operation as of the date of the passage hereof without obtaining permission of the Board of Public Works. The Board at all times shall have the right to limit the number of additional taxicabs licensed under this ordinance and in use upon the streets of the City of South Bend. 10. Section 4. That Section 16 of Ordinance No. 2979 be amended to read as follows: TAXI STANDS - PERMITS. Whenever any taxicab licensee shall file with the Board of Public Works and Safety of the City, on blanks provided by it, application for a permit to occupy a certain designated place a public street or place of said City as a stand for a or taxicabs and shall show on such application the number of taxi- cabs to be maintained at the particular stand and represents that there will be maintained near such stand or in the building next adjacent thereto, for at least eight (8) hours each day, a tele- connection directly to the main office of such applicant, or is that there will be maintained in the taxicabs using and occupying such stand two -way radio communication with the central office of the licensee, then the said Board, considering public convenience and necessity, may, in its sole discretion, permit such owner to occupy a stand. For the use of each of such stands on the streets of the City of South Bend the licensee shall pay to the City Controller said City the sum of Seventy -five Dollars ($75.00) per year for twenty -two (22) feet occupied as such stand. Provided, how- r, that if any taxi stand is granted by said City on streets t equipped with parking meters this license fee shall not be charged. No license or permit for the occupancy of such stand shall be transferred or assigned without the consent in writing ereon of the Secretary of said Board duly authorized and direct the said Board. The stand for which such license shall issue not encroach upon any part of the streets or curbs zoned or signated for any other purpose. All stands thus licensed shall be marked by the police by appropriate painting of the adjacent curb and by axing to the curb at each end of the stand a metal standard to 11. be furnished by the licensee with the words "Taxicab Stand of " plainly stenciled upon the same. All such stands may be occupied and used only by taxi- cabs belonging to or under the control of the particular licensee to whom the same is assigned for the full period of twenty -four (24) hours each day, except that all such taxicab stands shall always be available for use by the Police or Fire Departments of said City and shall be subject to the rights of reasonable ingrea and egress of the abutting property owner or his lessee. Section 5, Effective Date. This Ordinance shall be in full force and effect from and after its passage by the Common Council and its approval by the Mayor and legal publication, and, upon taking effect, all ordinances and parts of ordinances that are in conflict with these amendments are hereby repealed. t of the Common Council Passed by the Common Council Approved and signed by the Mayor 12.