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HomeMy WebLinkAboutLicense & Regulate Owners & Taxicab Drivers to Perscribe Duties and Rules Under Which they May do Business on the Streets of City of South Bend , a ORDINANCE No. 0.‘173% Passed by the Common Council of the City of South Bend, Indiana, 77/7t_a_A 192 . / Attest: /51 " `1c �"` C ��a' �P City Clerk. Attest: President of Common Council. Presented by me to the Mayor of the City of South Bend, Indiana .a22,eret.— 7 - 192 ?. Lam ' /A City Clerk Approved and sigred by me rdi .�'� 1927 Mayor • ,. -• .. _ _ �*`.'ifa�.a;-'xY�LS1�:-S`•E++ + a`£(FC]3. :!56154%.Y2F^' O "-�,� pRD NANCE .5 Ag ORDINANCE I0, LICENSE AND REGULATE TAXICABS OWNERS AND TAXICAB ))RIVERS;, TO PRESCRIBE DUTIES, AND RULES UNDER !RICH THEY, MAX DO BUSINESS gp I STREETS 2E THE CITY Q SOUTIi BEND; fl F -.APE IAL.TIES-AND PROVIDE PUWISEMENT FOR OLA- TION Q THE TFBMS OF THIS ORDINANCE: AND TO ALL ORDINANCES OR (ARTS OF ORDIN- ANCES ig CONFLIC HEREWITi. 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, co-partner- ship or corporation to own, operate, keep or drive for pay or hire with- in 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, "street," as used in this ordinance, means any public place commonly used for the- purpose of public travel. (b) The term, "owners," as used in this ordinance means and includes every person, firm, co-partnership or corporation having the legal or equitable ownership and/or use of, and/or control over, any taxicab or taxicabs as herein defined. (c) The term, "driver," as used in this.,, ordinance, includes every person in charge of and/or operating any , taxicab as herein defin'e'd, either as agent or employee or otherwise under the direction of the owner as herein defined. (d) The term, "taximeter," as used in , this ordinance, means any mechanical instrument, appliance, device or machine, designated or intended to measure mechanically the dis- tance traveled by a vehicle, to record the time said vehicle is in . Waiting and to indicate upon the dial of the same, by figures or -.designs, the fare to be cl}arged in dollars and cents. (e) The term, "taxistand", as used in this ordinance, means any portion of a street in the City of South • i' Bend which has been set apart and designated as herein provided for tts the use of taxicabs, as herein defined, while awaiting employment for hire. (g) The term, "taxicab," as used in :s this ordinance, means every automobile or motor propelled vehicle, with a seating capacity of seven (7) passengers or less, used for the transportation of passengers over the public streets of the City of South Bend, for pay or hire, and not over a defined route, ir- r, respective of whether such operations extend beyond the limits of said•City, the business of which is solicited or obtained on the gV public streets, or which is subject to call from a garage or other A established place of business, the trip of which vehicle and/or its h 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 or- dinance. (h) 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 taxi- cab, and no person, firm, co-partnership or corporation shall permit any agent or employee to drive any taxicab under his or its control, 4 within the City of South Bend unless such driver has first obtained a dtiver' s license under the provisions of this ordinance. Provided s that any driver habitually operating a taxicab in any other muni- 1 cipality 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, - 2 - R: +?euR£^�5 �.12 ''s4°"rFr�t.x.S3'aKF.B�SFSs�• ,•v.Ce"e'lss^s. ;.a�..._ -.x:'a"../.'�•.?d't3rt<aK -n .jca . �. :+vwra.rtrs.a�isw� a • without procuring a license as hereizl provided; but such driver lj t 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. is 1 Each issue of a driver's license must have the following t qualifications and comply with the following conditions: k (a) Be competent to drive and operate an automobile and have procured a chauffeur's license under the laws of the State I of Indiana; a (b) Be a citizen of the United States of America or have, within six years next preceding, declared his intention to be- come such; 1 Ar v. (c) Be of the age of (iii) years or over, and a resident of the City of South Bend for at least Three (3) months next preceding the Application; t. z (d) Be of sound physique and good eyesight, and not subject t to epilepsy, vertigo, heart trouble or any other infirmity of body or mind which might render him unfit for the operation of a taxicab; 4 (e) Be able to read, write and speak the English language; , (f) Be clean in dress and person and language, and not ad- . - s t dieted 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 con- duct during three (3) months next preceding the date of his applica- tion; and affidavits of two responsible citizens of said City stating in substance that they have observed the applicant drive an automobile, and that he has demonstrated, in their opinion, skill and ability to safely handle the same by driving through a t' traffic congested section of the City. i (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 or eyes, year and place of birth, length of time he Y has resided in the City, place of previous employment, whether married_or single, how long he has driven an automobile, whether_ t 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 t City or State; whether he has been licensed previously as a driver or chauffeur and, if so, where and where, whether his license has s ever been revoked and for what cause; which statement shall be signed N and sworn to by the applicant and filed with the City Controller as a permanent record. S. s ,SECTION As - pISAUALIFICATIONS.. - No,license shall be issued to any person under the provisions of this ordinance, who has been con- s victed of a felony within Five (5) years next preceding the applications, 1 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; and no license shall be issued to any person who has not had at least - 3 4 /w . f 1 g Twelve (12) months pxperience in operating a motor vehicle. i SECTION 5i, - DRIVER'S LICENSE FEE. - The applicant applying for i ta driver's license shall, before issuance thereof, pay into the City treasury the sum of Three (3) Dollars. f SECTION 6. - ISSUANCE OF LICENSE. - Upon satisfactory fulfillment of the foregoing requirements, it shall be the duty of the City 4 Controller to issue each applicant a driver's license, which shall S be in such form as to contain a blank space for the signature of Ithe licensee and a blank space upon which arecord 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 Control- ler 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 t entry made upon his license shall, in addition to any other punishment f imposed by this ordinance, have his license revoked as hereinafter pro.- P y vided. The City Controller shall keep aregister in which 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. p i SECTION 1,, - TERM OF LICENSE. Driver' s licenses shall be is- sued as of January 1st of each and every year, and shall be valid to and including December 31st, next preceeding.The City Controller shall, upon the fulfillment of the requirements necessary to obtain the k original license, cause the renewal of a driver's license from year to 0: year by endorsing thereon, "License renewed until the 31st day of December, 19 ," and for each renewal said licensee shall pay into the City Treasury the sum of Two (2) Dollars. SECTION 6. - pRIVER'S S,ADGE. - There shall be delivered to each 't licensed driver a metal badge of such form and style as the City i Controller may prescribe, with his license number thereon, which badge must, under penalty of revocation of the license, be constantly - 4 - and conspicuously displayed on the outside of the driver' s coat when he is engaged in his employment, and shall only be worn by the person towwhom the license and the badge are issued. SECTION 9. - SUSPENSION Au REVOCATION OF LICERS_yF. - Driver' s and Taxicab licenses may be revoked or suspended for sudiperiod 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 the State of Indiana. When a driverts license is suspended or revoked, the driver's badge and notification of suspension or revocation shall be forwarded by the City Clerk to the City Controller; and the badge shall be returned to the licensee at the expiration of the suspension period. Two suspensions of such license shall automatically revoke the same, and any d :Ver whose license has been revoked shall not again be licensed as such within the City of South Bend for the space of One (1) year from the d ate of such revocation. Any such suspension or revocation of�a t n#r�ii�rrb license shall be noted on the esinwb-license, and such toitheig shall be considered an unlicensed viialdiaie during the suspension period and shall not operate upon the streets of the City of South Bend until such suspension period has expired. In event of the - tion o a license the licensee shall not again receive a license.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 is- sued, and all renewals, suspensions and revocations thereof. SECTION 12& - TAXICAB LCENSE. - No person, firm, co-partnership a corporation shall operate or permit to be operated any taxicab with- in 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 r: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 - 5 - 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 con- ditions and obligations: (a) If an individual or partnership, each to be a citi- zen of the United States of Americanor have declared its in- tention 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 ease 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 ve- hicles 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, whether said vehicle is leased or rented to the driver and 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 date 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. Nothing in this ordinance, however, shall-be construed so as toeprohibit a person, firm or corporation from Operating a taxicab purchased under a title contract or plan offinancing, where the title thereto, for the pur- pose of security only, vests in some other person, firm, or corporation. SECTION 11. - TAXICAB LICENSE FEE. - Every applicant applying for a taxicab license shall, before receiving same, pay into the City Treasury to the sum of ,Pttir,-6 , Dollars ($ S ) 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 repaid to the licensee. ,SECTION 12. - PENALTY. - Any person, firm or corporation who fails to comply with any of the provisions of Section 10 and 11 of this Ordinance, shall, upon conviction, be punished by a fine of not exceeding One Hundred Dollars ($100.00) or imprisonment for not ex- - 6 - ceeding Thirty (30) days, or both, for each offense. SECTION 15., - ISSUANCE-OF TAXICAB LICENSE. - Upon satis- factory fulfillment of the foregoing requirements it shall be the duty of the City Conttoller, upon report that said requirements have been met, to issue 'such taxicab license, which shall be in such form as to contain, the signature of the owner, the type, capacity, make, engine number and serial number of the vehicle. Each taxicab license shall be signed by the City Controller or his deputy and attested by his seali Each license shall be numbered, by which it shall thereafter be designated and known. The City Controller shall keep a register of the names of each person owning and/or operating a vehicle licensed under this ordinance, together with the license number and description, make and passenger capacity of such vehicle, and such record shall be open to the inspection of the public during office hours. The Chief of Police may at his option by himself, or by any person, or persons, designated by him, maintain a constant vigilance over all taxicabs t 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 unfitness shall be promptly made by him to the City Controller. SECTIOQ 14. - 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 15. - LICENSE PLATE AND NUMBER. - There shall be deliver- ed to the licensee for each and every licensed taxicab 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 - 7 - - • 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 tags, as the case may be, from the City Controller, upon payment to him of the sum of One ($1.00) Dollar 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 be non-transferable. SECTION 16. - BASIS OF T1IRE-WAITING TIME. - The passenger, when engaging the taxicab, shall elect whether he will employ it by mile- age or on an hourly basis. 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. Waiting time shall include the time during which the taxicab is not in motion at the request of the passenger only. No charge shall be made by the driver- for waiting time on account of traffic signals or traffic con- ditions or obstructing railroad trains, orfor time lost for inefficiency of the taxicab or its operator, or by reason of the fact that time is consumed by premature arrival in response to a call. SECTION 17. - go CHARGE IS k&DE. - When the charge is to be paid on the meter basis the taximeter shall begin at the place where the passenger is received and shall continue until he is delivered at his destination, excepting as hereinbefore provided. When the charge is to be paid on the hourly basis the time shall begin when the taxicab is ready at the place and time requested by the passenger, and shall continue until the passenger has been -discharged, provided that when any person shall enagage or hire a taxican equipped with a taximeter, unless otherwise agreed at the time of hiring, the fare for such taxi- . cab shall be determined and fixed by the taximeter; and provided further that no driver of any taxicab shall charge more for the use of said taxicab than is shown to be due by the taximeter thereon, except when the contract of carriage shall be on a time basis as aforesaid. SECTION„la. - RATES SHOWN.- There shall be affixed in each taxi- cab licensed, for the convenience and information of passengers, in such manner as to be easily read by any person riding therein, a - 8 - a card or placard, plainly legible, showing the rates of fare under which said taxicab is operated; and the owner, driver or licensee in charge of said taxicab shall not demand, nor be entitled to re- ceive, any par for the conveyance of any passengers unless said card bearing said rates of fare shall be conspicuously displayed as here- inbefore provided; nor shall said owner, driver or licensee 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. SECTION 19. - 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 ride 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 passenger; and any person owning or driving any taxi- cab, 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 panalty of revocation of his license in addition to any other penalty that the law may impose upon him. SECTION 20. - RECEIPTS FOR FARES. - The owner or driver of any licensed taxicab shal10111ftmearMq deliver to the person paying for the hire of the same, at the time of such payment, areceipt for the fare so paid, which receipt shall contain a legible type or writ- ing or print the name of the owner, the name and license number of the driver,, the amount of the fare paid and the date of the payment. SECTION 21. - pRIVER MUST CONVEY. - Bo driver of a,licensed taxicab shall refuse or neglect to convey any orderly person or per- sons, within the capacity of his taxicab, upon request anywhere within the city, unless previously engaged or unable to do so, pro- vided 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 - 9 - • • without the consent of Said passenger, and no driver shall, under penalty of violation of this ordinance, carry a number of passengers greater than the seating capacity of his taxicab. SECTION 22. - NO SOLICITATION Q STREETS.. - No person shall solicit passengers for a taxicab upon the streets or sidewalks of the City of South Bend, except the driver of a taxicab when sitting in or upon the driverts box in his vehicle, but the fact that such taxicab displays a device to indicate that such vehicle is not en- gaged shall not be considered as soliciting patronage. The driver of any taxicab shall remain on the driver' s seat or inside his ve- hicle at all times when such vehicle is standing upon taxicab stands or whenactually engaged in carrying passengers, provided that nothing . in this section shall be held to prohibit such driver from alighting to the street or sidewalk for the purpose of assisting passengers into or out of such vehicle, or to answer telephone calls at stands, or to perform any othexfnecessary act in the conduct of his business. SECTION 23. - RETURN O '' PROPERTY. - Whenever any package or article of baggage or goods of any kind shall be left in or on any taxicab, or whenany 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 police station in said city and into the hands of the officer in charge thereof, and receive . rom said officer a rei:eipt for same, unless such package or article shall be sooner diivered to the owner thereof on the order of said owner. SECTION 24. -'NO RIDING ON FRONT SEAT. - No driver or owner of. any taxicab licensed 'underthe 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 gAs - Kg PARKING. - It shall be unlawful for the owner, driver or operator of any taxicab affected by this ordinance to cause or permit such taxicab to stand while waiting for employment at any place other than a taxicab stand so, designated - 10 4040by the Board of Public Safety of said City. g CTION 26. - 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 passenger to his des- tination safely and expeditiously. SECTION 2Z, 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, 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 s;m of Twenty Thousand Dollars ($20,000.00) , regardless of the number of city licensed taxi- cabs in operation by such owner or operator. Said bond shall be con- ditioned, among other things, that the owner or operator of said tail- cab 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 col- lision, 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 t do business in the State of Indiana, in the total amount of Five 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 of liability vac- - 11 - • on all such policies exceed the sum of Twenty Thousand Dollars 4420,000.00) , regardless of the number of city licensed taxicabs owned and operated by said owner; which policy or policies of in- surance 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 tb 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 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 ser- vants. SECTION - 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 or direction to call at any point within the limits of the City of South Bend to trans- port, then or within Twelve (12) hours thereafter, any passenger or passengers from said appointed place at said appointed time to any other point within the City of South Bend, shall forthwith, 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 ,9 s - OBLIGATIONS a LESSEE pRIVER. Whenever a taxi- cab is being operated by a driver upon an agreement with the owner whereby the said driver pays to the owner a fixed rental for the use of said taxicab the lessee driver of such taxicab shall be re- quired ( without abrogation or diminution of any requirement upon the part of the owner ) to comply in every respect with the owner' s duties and obligations under this ordinance relative to Bond and In- surance. - 12 SECTION pO. - FURTHEi3 REQUIREMENTS. - The Board of Public fr - Safety shall have the power to make and adopt such rules and regula- tions, 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 taxi- cabs regulated bythis ordinance. SECTION ILL - TOBACCO. - No taxicab driver shall use tobacco in any form during the time he is operating a taxicab with passengers therein. SECTION 32. - PENALTY. - Any person, firm or corporation violating any of the provisions of this ordinance, for which a specific penalty has not heretofore been provided, shall, upon conviction there- x on, be punished by a fine not exceeding Three Hundred Dollars (e300.00), or by imprisonment in the County Jail for a period not to exeeed Three (3) ,months, or by both such fine and imprisonment. Each day that the terms and provisions of this ordinance are violated by such person firm or corporation, as to driving or operating taxicabs without license or bond or insurance, shall constitute a separate and distinct offense. SECTION 33. - REPEALS. - All Ordinances or parts of ordinances in conflict herewith, are hereby repealed. SECTION '>4. - INVALIDITY. - If any section, sub-section, sentence, clause or phrase of this ordinance if for any reason held to be un- constitutional or otherwise invalid by any court of competent juris- diction, such decision shall not affect the validity of the remain- ing portions hereof. \, .: SECTION 35. - EFFECTIVE DATE. - This Ordinance shall be in full force and effect from and after its passage and legal publication. NEVE OF -♦ ou S ' Oil $\•t4