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HomeMy WebLinkAboutAmend Sections 10, 13 and 27 of Ordinance No. 2752 Commonly Known as The Taxicab Ordinance ORDINANCE No. del ` Passed by the Common Council of the City of South Bend, Indiana, S-77:-.2/tet-c-c st■1-7 De 191a. Attest: r Lti )2y. City Clerk. Attest: . -e.:77 President of Common Council. Presented by me to the Mayor of the City of South Bend, Indiana at 7 1310 . li atCity Clerk Approved and sigred by me - 1 6 'i _ ,� L� i' 2* e Mayor i _ ORDINANCE NO. 4 8.� 'T AN ORDINANCE TO AMEND SECTIONS 10 , 13 AND 27 OF ORDINANCE NUMBER 2752 ADOPTED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA ON MARCH 25 , 1929 , AND COMMONLY KNOWN AS THE TAXICAB ORDINANCE. BE IT ORDAINED by the Common Council of the City of South Bend, Indiana: SECTION 1. That Section 10 of Ordinance Number 2752, being "An Ordinance to license and regulate taxicab owners and taxicab drivers ; to prescribe duties and rules under which they may do business on the streets of the City of South Bend; to fix penaltges and provide punish- ment for violation of the terms of this ordinance ; and to repeal all ordinances or parts of ordinances in conflict herewith" , adopted by the Common Council on March 25 , 1929 , be , and the same is hereby amended to read as follows , to-wit : SECTION 10. -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 . under the provisions of this ordinance . 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 such vehicle shall not be permitted to solicit business in the City of South Bend or otherwise operate within said City without license under the provisions of this Ordinance . Each applicant for a taxicab license must comply with the following conditions and obligations : (a) If an individual or partnership , each to be a citi- zen of the United States of America or 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; I ( c ) Present the certificate of title for inspection Ohe City Controller as to ownership .of vehicle , and in the event than°the ! — license num ber and description, make and passenger ca acit of such i vehicle , and such record shall be open to the inspection of the public during office hours . The Chief of 2olice may at his option by himself , or by any person , or persons , designated by him, maintain a constant vigilance over all taxicabs to see that they are kept in a condition of fitness for public-use , and to this end he may inspect , or cause to be inspected , all taxicabs from time to time , or on the complaint of any citizen, as often as may be necessary. Report in writing of all inspections which find un- fitness shall be promptly made by him to the City Controller. SECTION 3. That Section 27 of Ordinance Number 2752 , being "An Ordinance to license and regulate taxicab owners and taxicab drivers; to prescribe duties and rules under which they may do business on the I streets of the City of South Bend; to fix penalties and provide punish- ment for violation of the terms of this ordinance ; and to repeal all ordinances or parts of ordinances in conflict herewith" , adopted by the Common Council on March 2h , 1929 , be and the same is hereby amendea to read as follows , to-wit:. SECTION 27 . - 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 of said City , and in full force and effect for period of license , herein provided for ,a4.44csw l Qe arte"iA 17rne-iVe 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 Ten Thousand Dollars (10 ,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 Fifty Thousand Dollars ( $50,000.00 ) regardless of the number of city licensed taxicabs in operation by such owner or operator . 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 injury to or death of others , -3- 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 of said taxicab or taxicabs, or 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, 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 Ten Thousand Dollars ($10,000.00) for damages to any one person, and Twenty Thousand Dollars ($20.000.Q0) as the result of any one accident for each city licensed taxicab, but in no case need the total maximum of liability on all such policies , exceed the sum of Fifty Thousand Dollars (.50,000.00) , ! 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 negligent' operation of said taxicab or taxicabs , or which may arise oT result from any violation of any of the provisions of this ordinance or the laws of the State of Indiana by him, his or its agents, or servants. SECTION 4. The penalty for the violation of any provision of this or- dinance shall be the same as is provided in Section 32 of said Ordinance 2752, to-wit: 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 both such fine and imprisonment, SECTION 5. This ordinance shall be in full force and effect from and • after its passage and legal publication. 1 A 1/ AL.- -• oviArvae& MEVB • HE COMMON COUNCIL Ia° 1