HomeMy WebLinkAboutOrdinance Regulating the Operation of TaxicabsORDINANCE No. 2979
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Passed by the Common Council of the City of South Bend, Indiana,
Attest:
March 28th 193-2.
.
Clerk.
Attest: "� ,—President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
March 30th 193.
—� City Clerk
Approved and signed by me _ __— -- -193
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Mayor
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ORDINANCE No. 2979
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Passed by the Common Council of the City of South Bend, Indiana,
Attest:
March 28th 193-2.
.
Clerk.
Attest: "� ,—President of Common Council.
Presented by me to the Mayor of the City of South Bend, Indiana
March 30th 193.
—� City Clerk
Approved and signed by me _ __— -- -193
I
Mayor
i
ORDINANCE
AN ORDINANCE REGULATING THE OPERATION OF TAXICABS
BE IT ORDAINED by the Common Council of the City of South
Bend, Indiana, as follows:
SECTION 1. It shall be unlawful for any person, firm, ¢e=
ez-*t p or corporation to own, operate, keep or drive for pay
or hire within the limits of the City of South Bend any taxicab
without complying in all particulars with the terms and provisions
of this Ordinance.
SECTION 2. DEFINITIONS;
(a) The term Tstreet' as used in this ordinance, means any
public place commonly used for the purpose of public travel.
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(b) The term 'owners' as used in this ordinance, means and
includes every person, firm, corporation or co-partnership 4aving
the legal or equitable ownership of any taxicab or taxicabs as here-
in defined.
(c) The term TdriverT as used in this ordinance, includes
every person in charge of and /or operating any taxicab as herein
defined, either as agent or employee or otherwise.
(d) The term 'taximeter' as used in this ordinance, means
any mechanical instrument, appliance, device or machine, designated
or intended to measure mechanically the distance traveled by a vehicle,
to record the time said vehicle is in awaiting and to indicate upon
the dial of the same, by figures or designs, the fare to be charged
in dollars and cents.
(e) The term 'taxistand' as used in this ordinance, means
any portion of a street in the City of South Bend which has been set
apart and designated as herein provided for the use of taxicabs, as
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herein defined, while awaiting employment for hire.
(f) The term 'taxicab' as used in this ordinance, means every
automobile or motor propelled vehicle, with a seating capacity of
seven (7) passengers or less, used for the transportation of passen-
gers over the public streets of the 6ity of South Bend, for pay or
hire, and not over defined route, irrespective of whether such oper-
ations extend beyond the limits of said city, the trip of which
vehicle and /or its destination are fixed by the person or persons
hiring the same.
(g) The term 'taxicab license' as used in this ordinance,
means a written permit granted by the City of South Bend through its
City Controller, to any person, firm, co- partnership or corporation
to own, operate and keep for hire any taxicab in said city, issued
pursuant to the provisions of this ordinance.
(14) The term 'driver's license' as used in this ordinance,
means a written permit granted by the City of South Bend, through its
City Controller, to any person to drive upon the streets of said city
any licensed taxicab, issued pursuant to the provisions of this
ordinance.
SECTION 3. DRIVER'S LICENSE:
No person shall drive a taxicab, and no person, firm, co- partner-
ship or corporation shall permit any agent or employee to drive any
taxicab under his or its control, within the City of South Bend unless
such driver has first obtained a driver's license under the provisions
of this ordinance. Provided, however, that any driver habitually
operating a taxicab in any other municipality may carry passengers
from said municipality to any place or point within the city of South
Bend and may freely enter and temporarily travel upon the streets and
thoroughfares thereof for that purpose, without procuring a license
as herein provided; but such Ariver shall not solicit business on
the streets of the city of South Bend or otherwise operate within the
City of South Bend without a license within the provisions of this
ordinance.
Each applicant for a driver's license must have the following
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qualifications and comply with the following conditions:
(a) Be competent to drive and operate an automobile and have
procured a chauffeur's license under the laws of the State of Indiana;
(b) Be a citizen of the United States of America or have, with-
in six years next preceding, declared his intention to become such;
�-- (c) Be of the age of twenty -one (21) years or over, and a
resident of St. Joseph County, Indiana, for at least six (6) months
next preceding the application;
(d) Be of sound physique and good eyesight, and not subject to
epilepsy, vertigo, heart trouble or any other infirmity of body or
mind which might render hiRtunfit for the operation of a taxicab;
(e) Be able to read, write and speak the snglish language;
(f) Be clean in dress and person and language, and not addicted
to the use of intoxicating liquors or drugs;
(g) Produce, on forms to be provided by the City Controller,
affidavits of his good character from two responsible citizens of
South Bend who have known him personally and observed his conduct
during three (3) months next preceding the date of this application;
and affidavits of two responsible citizens of said city stating in
substance that they have observed this applicant drive an automobile,
and that he has demonstrated, in their opinion, skill and ability to
safely handle the same by driving through a traffic congested section
of the city;
(h) Fill out, upon a blank form to be provided by the City
Controller, a statement giving his full name, present residence,
place of residence for five (5) years previous thereto, age, color,
height, color of eyes, year and place of birth, length /of time he bas
resided in the city, place of previous employment, whether ae.rried
or single, how long he has driven an automobile, whether he has ever
been convicted of a felony or misdemeanor or been found guilty of
violation of any traffic laws or speed laws of any city or state;
whether he has been licensed previously as a driver or chauffeur and,
if so, when and where, whether his license has ever been revoked and
for what cause; which statement shall be signed and sworn to by the
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applicant and filed with the City Controller as a permanent record.
SECTION 4. DISQUALIFICATIONS:
No license shall be issued to any person under the provisions of
this ordinance who has been convicted of a felony within five (5)
years next preceding the application, or more than three (3)
violations of traffic laws or speed laws of any state or any city
within five (5) years next preceding the application.
SECTION 5. ISSUANCE OF DRIVER'S LICENSE:
Upon satisfactory fulfillment of the foregoing requirements, it
shall be the duty of the City Controller to issue each applicant a
driver's license, which shall be in such form as to contain a blank
space for the signature of the licensee and a blank space upon which
a record may be made of any arrest or conviction of, or complaint
against said licensee and such license shall be signed by the
licensee in the presence of the City Controller. Each driver's
license shall be signed by the City Controller or his deputy and
sealed with the seal of the City Controller and such license shall
have upon it a number to be selected by said City Controller by which
said license shall thereafter be designated and known. Any licensee
who defaces, removes, or obliterates any official entry made upon his
license shall, in addition to any other punishment imposed by this
ordinance, has his license revoked as hereinafter provided. The
City Controller shall keep a register in rhich_ shall be listed the
names of all persons to whom licenses are granted, the date when
issued, the number of each license and any additional data which in
his judgment may seem necessary.
SECTION 6. DRIVER'S LICENSE FEE:
The applicant applying for a driver's license shall, before
issuance thereof, pay into the city treasury the sum of Two Dollars
02.00).
SECTION 7. TER' OF DRIVER'S LICENSE:
Driver's licenses shall be issued as of January 1st of each and
every year, and shall be valid to and including December 31st next
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following. The City Controller shall, upon the fulfillment of the
requirements necessary to obtain the original license, cause the
renewal of a driver's license from year to year by endorsing thereon:
"License renewed until the 31st day of December, 19—." For each
renewal said licensee shall pay into the city treasury the sum of
One (<5;1.00) Dollar.
a-,- -- laECTION S. DRIVEM S BADGE:
There shall be delivered to each licensed driver a metal badge
of such form and style as the City Controller may presdribe, with his
license number thereon, which badge must, under penalty of revocation
of the license, be constantly and conspicuously displayed on the
outside of the driver's coat when he is engaged in his employre nt
and shall only be worn by the person to whom the license and the
badge are issued.
SECTION 9. SUSPENSION AND REVOCATION OF LICENSE:
Driver's and taxicab licenses may be revoked or suspended for
such period as may be adjudged by the City Court of the City of South
Bend after conviction in regular form of the licensee of a violation
of any of the provisions of this ordinance or of any other ordinance
of the City of South Bend, or, after conviction in any court for
violation of any criminal statute of tht State of Indiana or for
having used his taxicab for any unlawful or immoral purpose. when
a driver's license is suspended or revoked, the driver's badge and
notification of suspension or revocation shall be forwarded by the
City Clerk to the Qity Controller and the badge shall be returned jo
the licensee at the expiration of his suspension period. Two
suspensions of such license shall automatically revoke the same,
and any driver whose license has been revoked shall not again be
lkcensed as such within the City of South Bend for the space of ore
(1) year from the date of such revocation. Any such suspension or
revocation of a&rivervs license shall be noted on the license, and
such driver shall be considered an unlicensed driver during the
suspension period and stall not operate upon the streets of the City
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of South Bend until such suspension period has expired. In event of
the revocation of a taxicab license -the licensee shall not again
receive a license for that taxicab until after the time has expired
as fixed by the court. The City Controller shall keep a complete
record of each driver's and taxicab license issued, and all renewals,
suspensions and revocations thereof.
SECTION 10. NA2,2E Or OWNER:
Every taxicab licensed under the provisions of this ordinance
shall have the name of the owner only, as shown by the certificate of
title issued to the owner or owners under the laws of the State of
Indiana, plainly painted on the main panel of each of the two front
doors in letters at least three inches in length and no other
lettering or figures shall appear on these doors. Said name shall
be removed in the event of change of ownership of said vehicle, and
if again used as a taxicab, the proper name of the new owner or legal
title holder thereof is to be placed thereon before the name is to
be used again for taxicab purposes. Such owner whose name appears
on the taxicab as provided for in this section shall be responsible
to the passengers thereof in damages pursuant to the law of the
State of Indiana.
SECTION 11. NTRU ER OF CAB:
Every taxicab licensed under the provisions of said ordinance
shall have the number of the license plainly painted in figures five
inches in length, to be visible at a distance of at least one hundred
fifty (150) feet, on the main panel of each of the rear doors and on
the rear of said vehicle and no other lettering or figures shall
appear upon any such vehicle. Said number shall be removed in the
event of change of ownership of said vehicle and if again used as a
taxicab the proper number shall be placed thereon before the same
shall be used again. No vehicle used as a taxicab after September 1,
1932, shall have less than four doors.
SECTION 12. TAXIMETERS:
It shall be unlawful for any person to own or operate any auto-
mobile, taxicab or other motor vehicle engaged in carrying passengers.
for hire between places within the city of South Bend unless mid
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automobile, taxicab or motor vehicle is equipped with a practical
standard fare register device or taximeter, in good workable con-
dition, designed to mechanically measure the distance travelled to
record the time said vehicle is in waiting and upon which said record '
there shall be indicated by means of figures or designs the fare to
be charged.
(a) It shall be the duty of every person owning or operating
an automobile, taxicab or other vehicle, as in this section de-
scribed,to keep the taximeter thereon in good and workable condition
and at the beginning of every employment to set said taximeter in
the usual way so that it.will register and compute on a mileage
basis., while said vehicle is running and a time basis while waiting
and while the service is being rendered thefare to be charged.
And such taximeter shall be so placed that the fare thereof where
the fare is registered will be plainly visible to passengers within'
said vehicle.
(b) INSPECTION: No license shall.be issued to vehicle for
hire until the taximeter attached thereto shall have been inspected
and found to be accurate by the City Sealer.
(c) INACCURACY: No person shall use or permit to be used
upon any taxicab a taximeter which $hall be in such condition as to
be over five per cent (50) incorrect to the prejudice of any
passeagg,8.
(d) ;'DEL- OPERATED PROHIBITED: No taximeter affixed to a
taxicab propelled by steam, gasoline, electricity, or other motor
power shall be operated by any wheel to which the power is applied.
(e) ILLUldINATION OF DIAE°. After sundown the face of every
taximeter shall be illuminated by a suitable light so arranged as
'to throw a continuous, steady light thereon.
(f) CASE TO BE SEALED: No person shall use or permit to be
used, or drive for hire, a taxicab equipped with a taximeter the
•case of which is unsealed and not having its cover and gear intact.
(g) UNAPPROVED CAXI17,TER: No person shall drive a vehicle
for hire to which is attached a taximeter that has not been duly
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inspected and approved by the City Sealer.
(h) TAF:PERING AWITH I!:ETER: PTO driver or operator of any taxicab
shall permit any person to ride thereon or therein without the
consent of the owner thereof when the flag is up or toward vertical
position and no person shall tamper with, break or mutilate any
taximeter with the intention of causing the same to register improper-
ly or incorrectly or inaccurately.
(i) Such taximeters shall be inspected once each month by the
City Sealer of the City of South Bend in regard to the regulations
herein set forth.
SECTION 13. RATES OF FARE:
No person, firm or corporation owning, operating or controlling
any motor vehicle used as a taxicab within the limits of the City of
South Bend shall charge less than the following rates to be determined
by the taximeter:
'�'or the first 1/2 mile or fraction thereof .15¢
For each succeeding 1/2 mile thereafter .............. .05�
Nor more than the following rates to be determined by the taximeter:
For the first 1/2 mile or fraction thereof .......... .15�
For each succeeding mile thereafter ................. .20¢,
Provided, however, that a taxicab may be hired at a rate of $1.50 ber
hour when so hired before the trip is begun and provided further that
for each four minutes of waiting there may be made a charge of .10�.
;laiting time shall include the time when the taxicab is not in
motion beginning with the arrival at the place to which it has been
called, or the time consumed while standing at the direction of the p
passenger, but no charge shall be me
de for time lost for the in-
efficiency of the taxicab or its operator or time consumed by pre-
mature response to call. The above charges will be for one person
or more.
No taxicab shall be let or hired upon a meter basis when the
taximeter thereon is broken, out of order, or for any other reason
does not accurately register the fare.
No zone or flat rates shall be charged.
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SECTION 14. RATES TO BE SHOWN:
There shall be affixed in each taxicab licensed, for the con-
venience and information of passengers, in such manner as to be
easily read by any person riding therein, a card or, placard, plainly
legible showing the rates of fare under which said taxicab is
operated; and the owner or driver in charge of said taxicab shall
not demand, nor be entitled to receive any pay for the conveyance of
any passengers unless said card bearing said rates of fare shall be
conspicuously displayed as hereinbefore provided; nor shall said
owner or driver charge or collect a rate of fare greater than that
revealed on said placard or sign. Each taximeter installed in each
licensed taxicab shall be set in accordance with the rates of fare
advertised and displayed on said placard or sign inside said cab and
not otherwise. if demanded by the passenger, the driver i0harge of
a taxicab shall deliver to the person paying for the hiring of the
same at the time of such payment, a receipt therefor, in legible
type or writing, containing the name of the owner, the cab license
number or the driverTs license number, or the taximeter number, the
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total amount paid and the date of payment.
SECTION 15. GOVERNORS:
Every taxicab licensed under the provisions of said ordinance
shall have firmly attached to it and in good working order a device
known as a "governor" which device controls the speed of such taxi-
cab. Said governor shall be set so as to prevent said taxicab from
being driven faster than thirty-five (35) miles per hour, and it is
hereby made the duty of both the +owner and the driver of: -'such
taxicab to see that such governor shall be in good working order at
all times said car is used for taxicab purposes. The tampering with
said governor so as to render it in- effeetive in its control of the
speed of said taxicab and the preventing of the same from being
run at more than said thirty -five (35) miles per hour, shall be a
violation of this ordinance.
SECTION 16. TAXICAB STANDS:
Whenever any owner who has heretofore qualified under this
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ordinance to operate taxicabs shall file with the Board of Public
Safety of said city on blanks by it provided, an application for a
permit to occupy a certain designated place upon a public street or
place of said city as a stand for a taxicab or taxicabs and shall
show on such application the number of taxicabs he wishes to main-
tain at the particular stand, and represents that he will maintain
on such stand or in the building next adjacent thereto, for at least
eight (8) hours of each day a designated person who is authorized to
take charge of and control such stand and receive calls for
cabs, then the said Board is 'hereby authorized and empowered to
grant a license or permit to such owner to so occupy a stand.
Said Board shall not authorize any stand unless the place
designated and requested by such applicant is suitable and desirable
as a stand for taxicabs and located at such place or places where,
in the judgment of the Board, the public may congregate, and where
they may be best served and said Board may, in its discretion, re-
voke or modify the license for such stand whenever the place becomes
undesirable and /or unsuitable as a stand for taxicabs. The Board
may refuse license if the applicant is not properly equipped to
render adequate public service and cancel such permit whenever the
licensee fails to occupy or to properly use such stand.
ITo license or permit for the occupancy of such stand shall be
transferred or assigned without the consent in writing thereon of
the Secretary of said Board duly authorized and directed by the
said Board. The stand for which such license shall issue shall
not encroach upon any part of the streets or curbs zoned or.des-
ignated for any other purpose.
All stands thus licensed shall be marked by the Police Depart-
ment by appropriate painting of the adjacent curb and by affixing
to the curb at each end of the stand a metal standard to be furn-
ished by the licensee with the words "Taxicab Stand of
censee" plainly stencilled upon the same.
All such stands may be occupied and used only by taxicabs belong-
ing to or under the control of the particular licensee to whom the
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same is assigned for the full period of twenty -Pour (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 ingress and egress
of the abutting property owner or his lessee.
All permits so issued shall terminate on December 31st of the
year in which issued.
SECTION 17. UNLWLgFUL PARKING;
It shall be unlawful for the owner of any taxicab affected by
this ordinance to cause or permit such taxicab to stand while wait-
ing employment at any place other than a taxicab stand so designa-
ted and licensed to such owner. The standing of any taxicab at a
stand not licensed as herein provided shall be cause for revocation
of the taxicab license provided for by this ordinance. The time
reasonably necessary to take on or discharge passengers at points
1. of embarkment or discharge, shall not be construed as a standing
of the taxicab; but, unless at licensed stands, as soon as such
passengers have been received or discharged, the taxicab shall,
unless at a licensed stand, leave the point of parking where such
act of receiving or discharging passengers has taken place.
SECTION 18. CRUISING _M SOLICITING:
No taxicab while waiting employment by passengers shall stand
on any public street or place other than at or upon a stand des-
ignated or established in accordance with this ordinance, nor shall
any driver of such taxicab seek employment by repeatedly and per-
sistently driving his taxicab to and fro in a short space before,
or by otherwise interfering with the proper and orderly access to
or egress from any theatre, hall, hotel or public resort or rail-
way, or other place of public gathering, but any taxicab driver
may solicit employment by driving through any public street or
place without stops, other than those due to obstruction of traffic
and at such speed as not to interfere or impede traffic, and may
pass and repass before any theatre, hall, hotel, public resort, or
railway or other place of public gathering; provided that, after
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passing such public place, he shall not turn and repass until he
shall have gone a distance of three blocks upon the streets and
highways of the city, and no person shall solicit passengers f or a
taxicab except the driver thereof when sitting upon the driver's
seat of his vehicle.
SECTION 19. INSURANCE REQUIRED:
It shall be unlawful for any person, firm or corporation to
operate any taxicab within the city limits of the city of South
Bend unless there is on file, and approved as to both form and
security, by the City Attorney or City Controller, of said city,
and in full force and effect, either
1. A bond or bonds executed by the owner or operator of said
taxicabs as principal and by a responsible surety company as surety,
authorized to do business under the laws of the State of Indiana, in
the penal sum of Five Thousand Dollars (:,5,000.00) for each city
licensed taxicab so owned and operated, but in no case need the total
penalties on said bond or bonds exceed the sum of 'Twenty Thousand
Dollars ( 1,'20,000.00) regardless of the number of city licensed taxi -
cabs in operation by such owner or operator. Said bond shall be
conditioned, among other things, to the effect 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 injury to or death of others, resulting from
accident or collision, for which said owner or operator will be liable
on account of any acts of negligence of his, or his agents or
servants in the negligent operation of or defective construction cf
said taxicab or taxicabs, or which may arise or result from any
violation of any of the prdvisions of this ordinance or the laws Of
the State of Indiana by him, his or its agents or servants; or
2. A liability policy of insurance in a company authorized
to do business in the State of Indiana, in the total amount of wive
Thousand Dollars ($5,000.00) for damages to any one person, and Ten
Thousand Dollars (,,$10,000.00) as the result of any one accident for
each city licensed taxicab, but in no case need the total maximum
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of liability on all such policies exceed the sum of 'Twenty Thousand
Dollars ( =,000.00) regardless of the number of city licensed
taxicabs owned and operated by said owner; which policy or policies
of insurance shall insure said owner or operator against liability
for the payment of any final judgment that may be rendered against
him or it for damages to the property of others or for the bodily
injury.to or death of others resulting from accident or collision
for which said owner or operator will be liable, on account of any
acts of negligence of his; or his agents or servants in the negli-
gent operation of said taxicab or taxicabs, or which may arise or
result from any violation of any of the provisions of t'nis ordinance
or the laws of the State of Indiana by him, his or its agents, or
servants.
In the absence of notice to the contrary given to the City
Controller by the surety under Claude 1 above or the insurer under
Clause 2 above, such bond or policy of insurance shall be deemed in
full force and effect. Each such bond and policy of insurance shall
provide that the same is given pursuant to the terms of this
ordinance.
SECTION 20, NO LEASING OF TAXICABS:
No motor vehicle shall be operated as a taxicab except by the
proprietor or owner thereof, or by a driver employed by the pro-
prietor or owner and responsible to the said proprietor or owner.,
SECTION 21. TAXICAB LICENSE:
No person, firm, co- partnership or corporation shall operate
or permit to be operated any taxicab within the city of South Bend
over which he or it has control, without having first obtained
therefor a taxicab license from the City Controller under the pro-
visions of this ordinance. Provided, however, that any taxicab
being habitually operated in any other municipality may carry
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passengers from such municipality to any place or point with the
city of South Bend, and in such case it shall not be necessary to
procure a license for such vehicle; but such vehicle shall not be
permitted to solicit business in the city of South Bend or otherwise
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operate within said city without license under the provisions of
this ordinance. Each applicant for a taxicab license must comply
with the followin4 conditions and obligations:
(a) If an individual or partnership,each to be a citizen of
the United States of America*r have declared his intention so to
become within six (6) years next preceding such application;
(b) Be of the age of twenty -one (21) years or over in 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 or
vehicles to be operated;
(d) Fill out, upon a blank form to be provided by the City
Controller, a statement describing each vehicle to be licensed,
giving the full name and address of the owner or owners, legal and
equitable, the make, type, motor number, age and capacity of the
vehicle for which a license is desired, upon what basis it is
operated, whether any insurance against public liability, personal
injury or property damage is carried and, if so, in what amount;
all of which data shall be sworn to and signed by the individual
seeking the license, if a person; if a partnership, by one of the
partners and 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 taxi-
cab 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.
SECTION 22. TAXICAB LICENSE FEE:
Every applicant applying for a taxicab license shall, before
receiving same, pay into the city treasury the sum of Fifteen Dollars
($15.00) for each and every vehicle to be so licensed. All licenses
shall run from January 1st to December 31st of each year, and no
rebate or apportionment for any fractional part of a year shall be
repair to the licensee.
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SECTION 23. RENEWAL OF TAXICAB LICENSES:
Taxicab licenses shall be renewed from year to year, not later
than January 10th of each year and the fee for such renewals shall
be paid into the city treasury in like amount as for the original
issue of such licenses. Such renewals for taxicab licenses shall
be made only upon the same conditions as required for the original
application.
,[___SECTION 24. LICENSE PLATE AND NT BER:
There shall be delivered to the licensee for each and every
licensed taxicah a metal tag to be fastened and displayed upon the
inside of said taxicab, facing and plainly visible from the rear
seat thereof, which license tag shall contain the license number
and the year for which the license was issued. In case any license
tag or tags be lost, the licensee shall forthwith, and before
further use of said taxicab, procure another license tag or tag.$,
as the ease may be, from the City Controller, upon payment to him
of the sum of One Dollar ($1.00) for each and every additional
license tag so procured and exhibiting to him such license for
proper endorsement of the fact of another tag being procured. All
taxicab licenses shall bit non - transferable.
SECTION 25. DRIVERS SHALL NOT DECEIVE:
It shall be unlawful for any person owning or driving any
taxicab to deceive, misinform or mislead any passenger who may rile
in such vehicle or who may desire to ride in such vehicle, as to
his destination or the price to be charged for conveying such pass-
enger; and any person owning or driving any taxicab, who shall
overcharge a passenger, or charge a passenger in excess of the rate
of fare as indicated on the taximeter, if a taximeter is placed
therein and the taxi hired by mileage, and on the card or sign
displayed inside of the said cab, shall be deemed guilty of a
violation of this ordinance and shall be subject to the penalty
of revocation of his license in addition to any other penalty that
the law may impose upon him.
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SECTION 26. DRIVER MUST CONVEY:
No driver of a licensed taxicab shall refuse or neglect to convey
any orderly person or persons, within the capacity of his taxicab,
upon request anyvahere within the city, unless previously engaged or
unable to do, provided such person or persons agree to pay the fare
fixed for the operation of said taxicab. No driver of a licensed
taxicab shall carry any other person than the person first employing
the taxicab without consent of said passenger, and no driver shall,
under penalty of violation of this ordinance, carry a number of pass -
engers greater than the.seating capacity of his taxicab.
SECTION 27, RErM OF PROPERTY:
Whenever any package or article of baggage or goods of any kind
shall be left in or on any taxicab, or when any such package or
article shall be left 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
said manager a receipt for same, unless such package or article
shall be sooner delivered to the owner thereof on the order of said
owner.
SECTION 28. NO RIDING ON FRONT SEAT:
No driver or owner of any taxicab licensed under the provisions
of this ordinance shall permit or allow any person, except one
person who pays his due fare to ride on the front seat with the
driver operating such vehicle while the same is engaged in the
business of carrying persons for hire.
SECTION 29, DIRECT ROUTE:
Any taxicab driver employed to transport passengers to a definite
point shall take the shortest and most direct route possible that will
carry the passengers to his destination safely and expeditiously.
SECTION 30. DRIVER'S OBLIGATION:
The driver of any taxicab who shall report from his location or
stand to the central station or office of the owner that his cab is
available for service and who shall receive after such report an order
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or direction to call at any point within the limits of the city of
South Bend to transport, then or within twelve (12) hours thereafter,
any passenger or passengers from said appointed place at said appoint-
ed time at any other point within the city of South Bend, shall forth-
with or at said appointed time, fill said order and transport said
passenger or passengers under penalty for violation of this ordinance
and the possibility of his license being suspended ,,or revoked in the
manner as hereinbefore provided.
SECTION 31. FURTHER REO,UIRETENTS:
The Board of Public Safety shall have the power to make
and adopt such rules and regulations, in addition to, but only in
furtherance of and consistent with/ those specifically mentioned herein
as shall be in its judgment and discretion necessary and proper for
safety,in the operation of taxicabs regulated by this ordinance.
SECTION 32. TOBACCO:
No taxicab driver shall use tobacco in any form during the time
he is operating a taxicab with passengers therein.
SECTION 33. PENALTY:
Any person, firm or corporation violating any of the provisions
of this ordinance,
b* shall, upon conviction thereof, be punished by a fine
not exceeding Three Hundred Dollars ($300.00), or by imprisonment in
the County Jail for a period not to exceed three (3) months, or by
1.
both such fine and imprisonment. Each day that the terms and pro-
visions of this ordinance are violated by such person, firm or
corporation, as to driving or operating taxicabs without license or
bonds or insurance, shall constitute a separate and distinct
offense.
SECTION 34. REPEALSI
All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 35. INVALIDITY:
If any section, sub - section, sentence, clause or phrase of this
ordinance is gor any reason held to be unconstitutional or otherwise
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invalid by any court of competent jurisdiction, such decision shall
not affect the validity of the remaining portions hereof.
SECTION 40. EFFECTIVE DATE:
This ordinance shall be in full farce and effect from and after
its passage and legal publication, except that the owners of taxi-
cabs shall have sixty (60) days after this ordinance takes effect
in which to procure taximeters as herein required.
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1 John C. Hiss (signed)
P i Member of e Common Council
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