HomeMy WebLinkAboutAmending Chapter 4, to revise provisions for licensing of taxicab companies, vehicles and driversORDINANCE No. so==9s
Passed by the Common Council of the City of South Bend, Indiana
August 9, 19 99
Attest:
Attest: ~~~4..`~-- ~~
Presented by me to the Mayor of the City of South Bend, Indiana
City Clerk
President of Common Council
August 10, 19 99
City Clerk
Approved and signed by me August 10 l9 99
Mayor
ORDINANCE _ O Zz ' 1 1
AN ORDINANCE OF THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4
OF THE SOUTH BEND MUNICIPAL CODE TO REVISE PROVISIONS FOR
LICENSING OF TAXICAB COMPANIES, VEHICLES AND DRIVERS
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STATEMENT OF PURPOSE AND INTENT
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The purpose of this ordinance is to amend Chapter 4 of the South Bend Municipal Code
to revise provisions for the licensing of taxicab companies, vehicles and drivers.
The Common Council of the City of South Bend determines that vehicle and meter
inspections should be conducted during favorable weather conditions to ensure the accuracy of
inspection reports. The Common Council of the City of South Bend further recognizes that the
issuance of licenses should follow vehicle inspections rather than precede them.
The Common Council of the City of South Bend believes that amendments to Chapter 4
of the South Bend Municipal Code will make the licensing procedures for taxicabs more
convenient and less burdensome for taxicab companies and operators, and will enhance public
convenience and safety.
.NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE
CITY OF SOUTH BEND, INDIANA AS FOLLOWS:
Section I. Chapter 4, Article 3, Section 4-16, of the South Bend Municipal Code shall be
and hereby is, amended to read as follows:
Sec. 4-16. Refusal to issue; suspension or revocation of licenses.
(a) The City Controller may refuse to issue a license and any license issued pursuant to this
Code may be suspended or revoked by the City Controller after written notice for any cause
provided in Article 4 or this Chapter 4 pertaining to specific business regulations, or for any of
the following causes:
(1) Any fraud, material misrepresentation or false statement contained in application
for license;
(2) Any fraud, material misrepresentation or false statement made in connection with
the selling of goods, wares, merchandise and services;
(3) Any willful violation of a term or condition of a license;
(4) Any willful activity in violation of a statute or provision of this Code related to
the licensed business;
(5) Conducting the activity in such a manner as to constitute a breach of the peace or
to constitute a menace to the health, safety, welfare of the public.
(b) Unless provision is made under this Code for review before a specified body or board, an
applicant for or holder of any license who has been aggrieved as a result of the refusal to issue or
renew a license or the suspension or revocation of any license issued pursuant to this Code, shall
have the right to request a hearing to review such refusal to issue or renew, suspension or
revocation before the Mayor or his designee. The Controller shall issue written notice to the
applicant/licensee at the address supplied on the application, setting forth the reasons why the
license was denied, suspended or revoked, and informing the applicant/licensee of its right to
request a hearing concerning the denial, suspension or revocation. Such a request must be
mailed or personally delivered by the applicaritllicensee within ten (10) days of the date the
notice was mailed by the Controller. Upon receipt of a request for hearing, the Mayor or his
designee shall schedule a hearing, to be held within se~err(-'~j thi 30 business days of the
Controller's receipt of the request. Except as otherwise provided in this chapter, upon the receipt
of notice of the refusal to issue or renew a license, the applicant/licensee may not operate and
must cease the conduct of the business in question. The timely filing of a request for a hearing
concerning a notice of suspension or revocation shall stay the suspension or revocation until the
Mayor or his designee makes a final decision, unless the Controller determines that continued
operation of the business constitutes an imminent and serious threat to the public health or
safety, in which case the Controller shall take or cause to be taken such action as is necessary to
enforce immediately the suspension or revocation.
(c) The Mayor or his designee may issue subpoenas to compel the attendance of witnesses,
administer oaths to those witnesses, and require them to testify. The Indiana Rules of Procedure
shall apply to these proceedings to the extent they can by applied.
(d) The Mayor or his designee shall file a copy of his findings and determination with the
City Controller and the applicant within twenty-four (24) hours after it is made.
(e) In case of refusal to issue a license or the suspension or revocation of a license as herein
provided, no portion of the application or license fee shall be returned to the applicant or
licensee.
(f) Any suspension or revocation hereunder may be either in addition to or instead of any
penalty or fine a as prescribed in this Code.
(g) Unless otherwise provided herein, the order of the Mayor or his designate shall be the
final municipal action for the purpose of judicial review.
(h) The Controller shall not accept or shall return to an applicant anv application which is
incomplete or ille ig;ble.
SECTION II. Chapter 4, Article 3, Section 4-17, of the South Bend Municipal Code
shall be, and hereby is, amended to read as follows:
Sec. 4-17. Businesses requiring a license.
(a) The following businesses shall be licensed annuall and charged the fee so designated.
Every business which fails to obtain a proper renewal license by ,the
date required by this section, shall be assessed an additional late fee often (10) percent of the
total fee charged, which shall be paid prior to the issuance of a license.
Licenses issued pursuant to Section 4-61 shall be renewed on or before June 1 of each
year following the year in which then are issued or renewed All other licenses issued pursuant
to this Chanter shall be renewed on or before January 31 of each vear.
~ (b~j In the event an application for a new license is made six months after the applicable
renewal date, ,the fee shall be prorated to one-half ('/z) of the
yearly license fee.
f ej Regulated business:
( 1) Adult business.
( 2) Arborist, tree service.
( 3) Carnivals and circuses.
( 4) Automotive repair and service centers.
( 5) Food vending vehicles.
( 6) Hotels, motels.
( 7) Laundries, laundries (self-service), self-service dry cleaners.
( 8) Massage parlors.
( 9) Massage technicians.
(10) Open air stands.
(11) Peddlers and canvassers.
(12) Outdoor motion picture theaters.
(13) Paraphernalia (drug-related).
(14) Precious metals.
(15) Public parking facilities.
(16) Recycling drop off centers.
(17) Restaurants.
(18) Restaurants with live entertainment, music (Class A and B cabarets).
(19) Rubbish and garbage removal.
(20) Scrap metal dealers, transfer stations, recycling operations, junk dealers.
(21) Secondhand dealers.
(22) Solicitations, charitable.
(23) Taxicabs companies, vehicles and drivers.
(24) Transient merchants.
(25) Vehicle removal service.
SECTION III. Chapter 4, Article 4, Section 4-61, of the South Bend Municipal Code
shall be, and hereby is, amended to read as follows:
Sec. 4-61. Taxicabs companies. vehicles and drivers.
(a) Definitions. As used in this section:
(1) C-~-t7fi~xt~ Companv License means the written license
issued by the Eity Controller
s authorizing the holder to conduct a taxicab business in the City.
(2) Cruising means the driving of a taxicab on the streets, alleys or public places of
the City, in search of or soliciting prospective passengers for hire.
(3) Driver means any person who is in actual physical control of a taxicab and is
berating the taxicab for hire.
(4) Driver's license means a written license issued by the Controller to a person to
drive a taxicab upon the streets of the City.
(5) Holder means a person to whom a company license
has been issued.
(6) Manifest means a daily record prepared by a taxicab driver of all trips made by such
driver showing time and place of origin, destination, number of passengers and the amount of
fare of each trip.
(7) Operator means any person owning, in charge of, or managing a taxicab business in
the City.
(8) Rate card means a card for display in each taxicab which contains the scheduled rates
of fare charged by the operator of such taxicab with a receipt of the
'b~ark~s Controller.
(9) Taxicab means a motor vehicle regularly engaged in the business of carrying
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passengers for hire, having a seating capacity of twelve (12) or of less persons, inciudin~ the
driver, and not operated on a fixed route.
(10) Taximeter means a meter instrument or device attached to a taxicab which measures
mechanically the distance driven and the waiting time upon which the fare is based.
(11) Taxi stand means a place on public property where the Board of Public Works has
authorized a holder of a company license to
receive passengers.
(12) Waiting time means the time when a taxicab is not in motion from the time of
acceptance of a passenger to the time of discharge, but does not include any time that the taxicab
is not in motion if due to any cause other than the request, act or fault of a passenger.
13 Vehicle license means the written license issued by the Controller authorizing the
vehicle to be driven as a taxicab in the City.
(b) Vehicle inspection; issuance of license; maintenance:
(1) Prior to the ttse-and operation of any vehicle under this section and~rior to the
issuance of a vehicle license, the vehicle shall be thoroughly examined and inspected by the
flel~iee Department of Central Services and the Bureau of Weights and Measures and found to be
in safe operating condition, cleant free of rust and body damage, and in compliance with the
requirements of this section. Each taxicab must be equipped with the following driver
protection and safety features, all of which shall be in conformance with specifications adopted
by the Board of Public Works:
a. A system enabling the silent activation of a distress or trouble signal by
the driver; and
b. e: Signs or decals affixed to the taxicab advising the public that the driver
carries no more than a certain sum in change The sum specified shall be between five dollars
X5.00) and thirty dollars ($30.00).
The equipment required by this section shall be maintained in good working
order at all times. The taxicab license for any vehicle in violation of this section
shall be subject to immediate suspension, and such vehicle shall be subject to
impoundment as provided hereafter.
(2) When the Pa}iee Department of Central Services and the Bureau of Weights and
Measures finds that a vehicle is in safe operating condition, is in compliance with the
requirements of this subsection ~lrt~~-~be~, and has met the standards established by the~o~
cs this section, the Controller shall to issue a
vehicle license to the owner or driver of the vehicle. `'__~ The license shall state the
authorized seating capacity of the vehicle.
(3) Every velTiele taxicab operating under this section shall be periodically inspected
by the 1?nliee Department of Central Services at such intervals as
1?'~~}i~-~arlcs necessary to insure ensure the maintenance of safe operating conditions. In
addition no license or renewal of license shall be issued for any vehicle unless it has passed
I'ali~e both Department of Central Services and Bureau of Weights and Measures inspections
within sixty (601 da~prior to such issuance or renewal. The schedulin og f inspections is the
responsibility of the taxicab company_
(4) Every --vile taxicab operating under this section shall be kept in a clean and
sanitary condition inside the passenger area and trunk and outside the vehicle. Vehicles must
also be free from mechanical defects rust and body damage Members of the Police
Department the DeQartment of Code Enforcement or the Department of Central Services may
conduct periodic unannounced inspections of taxicabs in order to ensure compliance with this
paragraph's provisions and shall report any noncompliance to the Controller.
(5) Every taxicab operating under this section shall have a top light permanently
affixed which indicates that the vehicle is a taxicab The top light must be in good working
order and must be illuminated between sundown and sunup each day while it is in operation.
(6) Ever taxicab must be associated with a com~any licensed under this section.
(c) Information on exterior of taxicab; no imitation of insignicr.-• removal of identi ins
in ormation:
(1) £-aelz Every taxicab shall bear on the outside of each front or rear door, in pRirrted
letters between three (3) and five (5) inches in height, the name of the holder of a company
license ,the number of the vehicle license
between three (3 and plairrly-pain~ted five (5) inches in height on the rear of such vehicle. and a
vehicle license plate bearing the number of the license and the year of issuance.
(2) The taxicab may bear an identifying design approved by the
~Inrks Controller. No vehicle covered by the terms of this section shall be licensed whose color
scheme, identifying design, monogram or insignia to be used thereon shall, in the opinion of the
Ord Controller, conflict with or imitate any color scheme, identifying design, monogram or
insignia used on vehicles already operating under this artiele section, in such a manner as to be
misleading or tend to deceive or defraud the public. If after a license has been issued for a
taxicab, the color scheme, identifying design, monogram or insignia thereof is changed so as to
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be, in the opinion of the $oarcl Controller, in conflict with or imitate any color scheme,
identifying design, monogram or insignia used by any other person, owner or operator, in such a
manner as to be misleading or tend to deceive the public, the license covering
such taxicab shall be suspended or revoked pursuant to the provisions of section 4-16.
If a com~any ceases use of a vehicle as a taxicab the comnany shall immediately
remove the Citylicense~late company name taxicab number and all other letters or numbers
identi , ing the vehicle as a taxicab.
(d) License and o6verall service required oftaxicab companies; , mani est
required; refusal deemed a violation; revocation:
(1) All persons engaged in the taxicab business in the City operating under the
provisions of this section shall first apply for and obtain a company license. All companies shall
render arret~erxll service to all members of the public desiring to use taxicabs to travel to and
from all locations within the City.
(2) Holders of taxicab company licenses
neeessitq shall maintain a telephone line
twenty-four (24) hours a day for the purpose of receiving calls and dispatching cabs. They shall
answer all calls received by them for services inside the corporate limits of the City as soon as
they can do so. If the services cannot be rendered within a reasonable time, they shall then
notify the prospective passengers how long it will be before the call can be answered and give
the reason therefor. If a company operating a lawful taxicab business at the time of passae~e of
this ordinance does not have $300 000 of liability coverage per occurrence. at least three
vehicles in service and top lights as required by this section that company shall have twelve
months after the effective date of this ordinance to meet such requirements and to submit proof
of compliance to the Controller.
(3) Any hai~Iei-wh~ taxicab company or taxicab driver that refuses to accept a call
anywhere in the corporate limits of the City at any time when such-passessor company or driver
has available eabs taxicabs, or who fails or refuses to give overall taxicab service, shall be
deemed a violator of this section. The ee~rtifreate license granted to such 1•tahler violator shall be
revoked pursuant to the provisions of section 4-16. However, any taxicab driver or company
shall have the right to refuse service to a drunk or disorderlyperson, or to a person who has
previously refused to pay the legal fare or to a person who has threatened or menaced the
taxicab driver Any taxicab comoany shall also have the right to make reasonable policies and
rules for the safety of its drivers and passengers so long as it does not engaue in ille¢al
discrimination or refuse to render overall service.
All companies shall maintain and have in service at all times, at Ieast three
vehicles licensed under this section.
(e) Manifest required; retention. Every taxicab driver shall maintain a daily manifest upon
which are recorded all trips made each day, showing time and place of origin and destination of
each trip and amount of fare. Ever taxicab driver shall give Aall completed manifests sha~l-l1e
retttrnecl to the etwner o e~ rator by-the-dries' at the conclusion of errs each tour of duty. The
forms for each manifest shall be furnished to the driver by the ewner o e~ rator and shall be of a
character approved by the Controller.
(f) Records required; access; retention:
(1) Every holder shall keep accurate records of receipts from operations, operating
and other expenses, capital expenditures and such other operating information as maybe
required by the Controller.
(2) Every holder shall maintain the records containing such information and other
dates required by this article at a place readily accessible for examination by the E~b~ie
s Controller.
(3) All records required by this subsection shall be preserved and maintained by the
holder for three (3) calendar years.
(g) Advertising on vehicles. Subject to the rules and regulations of the
~aLork~s Controller, any holder or driver
hire may permit advertising matter materials to be affixed to or installed in or on such taxicabs
er s fiar-hire.
(h) Taximeters ~~; specifications; inspection:
(1) All taxicabs operated under the authority of this section shall be equipped with
taximeters fastened in front of the passengers, visible to them at all times during_the day and
night. After sundown, and until sunrise, the face of the taximeter shall be illuminated.
(2) The taximeter shall be operated mechanically by x mechanisms of standard
design and construction and shall comply with the standards required by the Bureau of Weights
and Measures and meet all regulations of the National Institute of Standards and Tolerances
NIST . The taximeter shall be driven from a nonpowered wheel by a flexible and permanently
attached driving mechanism. iIt shall be sealed at all points and connections which, if
manipulated, would affect the correct reading and recording. Each taximeter shall have a flag to
denote when the vehicle is employed and when it is not employed. The driver shall tln~~ lp ace
the flag of such taximeter in a nonrecording position at the termination of each trip.
(3) The taximeter shall be subject to inspection from time to time by the Bureau of
Weights and Measures. Any inspector or other officer of the Bureau is authorized, either on
complaint of any person or without such complaint, to inspect any meter. Upon discovery of any
inaccuracy, the inspectiang officer shall notify the person operating such taxicab to cease
operation. Thereupon, no .person may allow the taxicab to be operated sirnll-be-lc~;~~t-~f€-tl~te
higlr~ys until the taximeter is repaired and ~ amasses inspection
bathe Bureau of Wei¢hts and Measures.
A taximeter must be inspected andpassed by the Bureau of Wei~hts_and
Measures within a sixty (601 damperiod prior to the issuance or renewal of the taxicab's vehicle
license. The scheduling of a taximeter inspection is the responsibility of the taxicab company
Failure to comply with this subsection's provisions will result in the denial or revocation of a
vehicle license.
(i) Establishment and change of rates of fare; display of rate card:
(1) The operator of a taxicab com an shall b~
establish rates of fare accordins to one or more mileage rates as measured by
i ~ _rr__ ~- -~------ -r
t_he taximeter an hourly rate, or a flat rate. The r - ' ~a~„ ~llai~~~
seh~edttled rates of fare established by an operator shall be effective
only after. the rates of fare have been submitted in
writing to and acknowledged as received bathe Controller either in a new or renewed compa~
license application or on a separate written notice.
(2) Every taxicab operated under this section shall have at all times a rate card
receipted by the Controller setting forth the scheduled rates
of fare displayed in -ta-}~in lp gin view of all passengers.
(3) The com~any may have more than one scheduled rate of fare to allow for times
of the near or week based on demand. However the company must first comply with the notice
and dis~lay requirements of this subsection.
The company shall submit to the controller its scheduled rates of fare each year
along with its application for a license or a renewal of the license.
(j) Receipt upon demand; contents. The driver of any taxicab shall, upon tleirixric~by the
passenger's request, renderta give the passenger a receipt for the amount charged; cii~lrer~y-R
. The receipt shall contain:
(1) The names of the ewrrer holder and driver.
(2) The vehicle license number or motor number.
(3) The Aamount charged.
(4) The l~date of transaction.
(k) Refusal to pay legal fare:
(1) No person shall refuse to pay the legal fare of any vehicle mentioned in this
section after having hired the vehicle.
(2) No person shall hire any vehicle with intent to defraud the person from whom it is
hired of the value of such service.
(1) Charging excess rates prohibited. No person or company owning, operating, or driving
any taxicab shall charge a passenger in excess of the rate, of fare indicated on the taximeter, if
the taxicab is hired by mileage, or as advertised in the card displayed inside the taxicab, or in
excess of the rate submitted to the Controller in writingLand acknowledged by the Controller, as
required by this section.
(m) Taxi stand license; application; approval:
'r___a.~
(1) Any holder or rg_oup of holders of a ~^~:= com~anY license under this section
desiring to occupy a certain designated place on a public street of the City as a taxi stand shall
file an application with the Controller on l~rdcs forms to be furnished by
the 13~oaxel Controller.
(2) The application shall contain the following:
a. The number of taxicabs to be maintained at the particular stand-;
b. The statement that there will be maintained a telephone or
other communication device near such stand
or in an adjacent the building ,for at least eight (8) hours each day, 8rthxt
- to facilitate communication between the taxicab using
the stand and the central office of the holder s ~ and-
c. The location of the proposed stand.
The Department of Public Works shall review the application for a taxi stand
license and shall make a recommendation as to the application for consideration of the
io
Controller In making its recommendation the Department of Public Works shall determine
whether the~ronosed stand would be consistent with public convenience and safety.
'C___a~
f~ ~ Upon the holder of a ~ companylicense complying with the a ove
requirements, and upon the Board's favorable recommendation, ' ~ ,the
Controller shall issue to the nr~p-pernn~-sae~ holder a license to occupy the
taxicab stand
,~
_ _ _ auu~.
(n) Taxi stand license fee; terms; transferability; encroachment of stand; revocation:
(1) The holder of a ~ taxi
stand license shall pay one hundred twenty-five dollars ($125.00) per year to the Controller for
each twenty-two (22) feet of the public streets occupied and used as a taxi stand.
(2) The taxi stand penrrits license shall continue to be valid from year to year upon
payment of the preseril~ecl fee or until suspended or revoked pursuant to the provisions of this
section and Section 4-16.
(3) No taxi stand license shall be transferred or assigned.
E?antraHei~
(4) The stand for which such license shall be issued shall not encroach upon any part
of the street(s) or curb(s) zoned or designated for any other purpose.
(5) The taxi stand license maybe revoked by the Controller for good cause shown
after due notice to the taxi stand
licensee and a hearing held Qursuant to section 4-16.
(o) Mcrkrng Marking of taxi stands. The Department of Public Works or its designee shall
mark mall taxicab stands ~ ~ ~ by
appropriate painting of the adjacent curb and by affixing to the curb at each end of the stand a
metal standard with the words "Taxicab Stand of "plainly
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stenciled upon the standard.
(p) Use of taxi stands. All taxi stands maybe occupied and used only by taxicabs belonging
to or under the control of the particular holder to whom the standards are assigned for the full
period of twenty-four (24) hours each day. All taxi stands shall always be available for use by
the Police or Fire Departments of the City and subject to the rights of reasonable ingress and
egress of the abutting property owner or iris lessee. Private or other vehicles for hire shall not at
any time occupy the space upon the streets that have been established as taxicab stands.
(q) Taxicabs awaiting employment to park only at stands; exceptions:
(1) No owner, license holder, gar operator. or driver of any taxicab licensed under the
provisions of this section shall cause or permit the taxicab to stand while waiting employment at
any place other than a taxieab stand so designated and licensed to the holder under the
provisions of this subsection, (nj The standing of any taxicab at a stand not licensed as provided
in s~~seetiair(~rj this section shall be unlawful and shall constitute good cause for revocation of
the taxicab company license driver's license and/or vehicle license and/or for imposition of a
fine in the amount of one hundred dollars ($100.001.
(2) The time reasonably necessary to take on or discharge passengers at the point of
embarkment or discharge shall not be construed as a standing of the taxicab under the provisions
of this section, provided that as soon as passengers have been received or discharged, the taxicab
leaves the point of parking where sach~et-af receiving or discharging passengers has taken
place, unless the act occurred at a licensed stand.
(r) Cruising; soliciting passengers• standards of a~nearance and hygiene:
(1) Any~b driver may solicit employment by driving through any public street
without stopping, other than when required because of obstruction of traffic, and at such speed
as not to interfere with or impede traffic.
(2) No driver sh~l may solicit passengers for a taxicab except when sitting in the
driver's compartment of such taxicab or while standing immediately adjacent to the curbside.
The driver of any taxicab shall remain in the driver's compartment or immediately adjacent to
izis the vehicle at all times when such vehicle is upon the public street, except that, when
necessary, a driver maybe absent from 1~r.~xie~b the vehicle for not more than frre-(~-j ten 10
consecutive minutes. Nothing herein contained shall be~•Celd~ta prohibit any driver from
assisting passengers with their parcels or
into or out of the vehicle or from exiting the taxicab solely for the purpose of determining
whether a taxicab was called.
(3) No drivers}Ta}l >~ solicit patren~e passengers in a loud or annoying tone of
voice or by sign or in any manner annoy any person or obstruct the movement of any persons, or
12
follow any person for the purpose of soliciting patronage passengers.
All drivers must maintain a neat and clean appearance and observe reasonable
standards of personal hygl~ene while on duty All drivers must keep the interior of their taxicabs
reasonably free of body odors or odors from food or other items.
All drivers shall wear shirts blouses or dresses with sleeves and hemmed slacks
shorts skirts or dresses Ali drivers shall wear clean clothing without tears or holes. Shirts or
blouses must completely cover the driver's waist. No driver shall wear sweat Hants.
~6,) Failure to comply with the requirements of this subsection may subject the driver
to a fine of not less than twenty-five ($25 001 and not more than one hundred dollars ($100.00
issued by the Police Department or the Department of Code Enforcement, in addition to other
penalties available under this section against the driver or holder.
(s) Receipt and discharge of passengers. Drivers of taxicabs shall not receive or discharge
passengers in the roadway, but shall pull up to the right-hand sidewalk as nearly as possible or,
in the absence of a sidewalk, to the extreme right-hand side of the road, and there receive or
discharge passengers, except upon one-way streets, where passengers maybe discharged at
either the right- or left-hand sidewalk, or side of the roadway, in the absence of a sidewalk.
(t) Refusal to convey orderly passengers prohibited. No driver of a taxicab shat l may refuse
or neglect to convey any orderly person upon request anywhere in the City, unless previously
engaged or unable or forbidden by the provisions of this section to do so, if such person agrees to
pay the fare for the use of the taxicab. However the driver may comply with reasonable rules
and policies of the taxicab companymade for the safety and comfort of drivers and passengers.
(u) Additional passengers. A driver may permit persons other than the first person
employing the taxicab to ride in ~~ the same taxicab, unless the first person sham refuses
to permit additional persons.
(v) Number afpassengers restricted; ~xcepti~n. No driver shal•1 may permit more persons to
be carried in a taxicab as passengers than the rated seating capacity of his the taxicab as stated in
the license for the vehicle.
zcs
(w) Unlawful acts. It shall be a violation of this artizle section for any driver of a taxicab to
solicit business for any hotel, or to attempt to divert patronage from one hotel to another, or use
his a vehicle for any purpose other than the transporting of passengers and/or parcels.
(x) Deceiving passengers prohibited. No owner or driver of any taxicab shad may deceive,
misinform or mislead any passenger, who may ride or desire to ride in such vehicle, as to his a
destination or the priee rate to be charged
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(y) Direct route to be followed. 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 their destination safely and expeditiously.
(z) Limitation on number of persons riding in front seat. No driver or owner of any licensed
taxicab steal}may allow more than pt one person wlio-pay ~ , to ride
on the front seat with the driver of the vehicle while it is engaged in the business of carrying
persons for hire.
(aa) Disposition of articles left in taxicabs. Whenever any package, articlc~f baggage or
goods of any kind are left in any taxicab or in the custody of the driver of such vehicle, the driver
shall, upon the discovery of the package or article, immediately deliver the same to the
company's main office and receive from such
office mm~ag~cr a receipt, unless the package or article is first delivered to the owner °n thc-erclcr
of at the owner's request. The company ma charge the passenger its scheduled rate of fare for
delivery, of a package or article.
(bb) Adoption of additional rules and regulations. The Controller
shall have the power to make and adopt any additional rules and regulations as, in its the
Controller's judgment and discretion, are necessary and proper for safety in the driving or
managing of taxicabs; provided, that the additional rules and regulations are not inconsistent
with the provisions of the this section.
(cc) Enforcements of:~ section. The Police Department is and the Department of Code
Enforcement are given the authority and is are instructed to ~atch-m~ observe the condition of
drivers and vehicles and conduct of holders and drivers operating under this section. Upon
discovering a violation of the provisions of this aiticlc section, the Police 13cpartm~nt or Code
Enforcement Officer shall issue a citation. The Officer shall report the violation to the $oarcl-of
Controller, rovhrei~ who will order or take appropriate action under section 4-16.
(dd) Penalties.
Any person violating any of the provisions of this section
. shall be fined not more than one hundred dollars ($100.00)
per violation. Each da,~! that a violation is permitted tv exist shall constitute a separate violation.
An~fines issued for a violation of this section's provisions must be paid before a
driver`s license, vehicle license or company license maybe issued or renewed.
Vehicles impounded under this section shall be returned to the owner upon the
owner's compliance with the requirements of this section and the payment of a fine in the
amount of one hundred dollars ($100 001 along~with towing and storage fees. If the driver of a
taxicab operates the taxicab in an unsafe manner or condition or fails to produce a valid driver's
14
license or vehicle license issued pursuant to this section at the request of any member of the
Police Department DeQartment of Code Enforcement or Department of Central Services the
vehicle shall be impounded.
Before aperson may recover possession of the impounded vehicle, the person
shall~rovide goof that the person is the title holder of the vehicle and proof of a vehicle license
and taxi driver's license for the driver from whom the vehicle was impounded. The owner shall
also pay all fines and costs incurred in the impoundment and storage of the vehicle before the
vehicle is returned to the owner A vehicle impounded because it was operated by an unlicensed
driver maybe returned to the owner withoutroof of the driver obtaining a license only if the
holder of the comQany license first shows proof to the City that the driver is not or is no longer
employed or authorized by the companv to drive a taxicab for the companv.
(ee) Company license -Required. No person
shall operate or permit a taxicab owned or controlled by i~rirrr that person to be operated as a
vehicle for hire upon the streets of the City without having first obtained a new or renewed
companv license from the Controller. and
(ff) Same -Application; contents:
(1) An application for a eertrfieate companv license or a renewal of a license shall be
frletl~ith submitted to the Controller upon forms provided by the
Controller and be verified under oath. All taxicab companies having a Certificate of Public
Convenience and Necessih~ at the time of the effective date of this ordinance shall be required to
submit an application for a renewal of a Com~anv License within thirty (301 days after the
effective date of this ordinance.
(2) The application shall furnish the following information:
a. The name and address of the applicant.
b. The financial status of the applicant, including the amounts of all unpaid
judgments against the applicant the court and cause numbers where such judgments were
entered, and the nature of the transaction or acts giving rise to such judgments.
c. The experience of the applicant in the transportation of passengers.
d. The amount and type of liability insurance coverage issued or to be issued
to the ~plicant to cover any claims which maybe made against the companv the name of the
15
insurance compan the numbers of anv policies in effect and all policv expiration dates.
e. The number of vehicles to be operated or controlled by the applicant. and
the ,year color make and State license plate number and City license plate number, if_known, of
each vehicle.
The color scheme and insignia to be used to designate the vehicle or
vehicles of the applicant.
g_ Information as to whether the applicant for a companv license has been
convicted of a felony or misdemeanor and if so when and where such conviction took place,
and the nature of the crime for which the applicant was convicted.
h. The mailing and street address and telephone number of the place of
business.
The rates of fare to be charged by the companv.
j;_ The names and addresses of each person authorized by the companv to
drive a com~a~ vehicle with the Cih~ of South Bend and the State license plate number and City
license plate number if known of the vehicle assigned to each driver.
g J k. Such further information as the Controller may
require.
(gg) Same -Investigation of traffic and police record:
aNNii~........, ..., _..,..
The Police Department shall conduct an investigation of each applicant for a
companv license and make a recommendation to the Controller as to whether the application
should be granted In making its recommendation the Police Department shall consider the
criminal history of the applicant if any and the likelihood that granting the application will
endanger the health safety or welfare of the public The Police Department shall recommend
denial of the application if the applicant has been convicted of any felony or anv came aaamst a
person within twenty~20~years before the date of the application or if the applicant has been
convicted of a misdemeanor or of anv crime or infraction involving dishonesty. drivm~ while
intoxicated or under the influence of alcohol or intoxicants or driving with a suspended license
16
within tend l0~years before the date of the application or is currently on parole or probation
under the Criminal Justice System of the United States or of any state. A report of the
investigation and the recommendation of the Police Department shall be attached to the
application for the consideration of the Controller Any applicant who has a valid hcense_as of
the effective date of this ordinance shall be deemed to have met the requirements for a favorable
Police Department recommendation as of that date.
The Controller shall consider the recommendation of the Police Department and
all information~rovided relevant to the application in determining whether the application
should be arg_ nted.
(hh) Same -Issuance; denial:
(1) If the Controller finds that
the applicant for a com~any
license is fit, willing and able to perform such public transportation and to conform to the
provisions of this section and the rules promulgated by the Controller. the
Controller shall issue a eertif~cate company license to the
applicant stating:
a. The name and address of the applicant.
b. The number of vehicles authorized under such certificate.
c. The date of issuance.
(2) If a ~ com~anv does not qualify for a license under the terms of this
section is-not-TSSttecl, the application shall be denied, The applicant may then request a hearing
pursuant to section 4-16.
(ii) Same -Liability insurance required; contents:
(1) No ~ company license maybe
issued, or continued in operation, to-~kalderunless there is on file in the office of the
Controller, and in force and effect a current policy of insurance covering each vehicle to be
operated as a taxicab in an amount of not less than fifty thousand dollars ($50,000.00) for injury
to or destruction of property as a result of any one occurrence and a public liability policy
t~
covering accidental bodily injury, including death, to any member of the public in an amount of
not less than rte three hundred thousand dollars ($300,000.00) for all public liability from any
one occurrence. frail The policy shall be updated annually and be on file with the office of the
Controller before any issuance or renewal of a
com~any license.
(2) The policy of insurance shall insure the owner and iris agent against liability for
the payment of any final judgment, less any deductible amounts, or retained limits not in excess
of one thousand dollars ($1.000.001 that may be rendered against the owner arndfor his agent for
in'u or damages to the property or person of others or for damage for the wrongful death of
others, resulting from any accident or collision for which the owner arndfor his agent will be
liable on account of any act of negligence in the operation of the taxicab, or which may arise or
result from any violation of any of the provisions of this article or the laws of the State, by him
or any agent.
(3) The policy of insurance on file in the office of the Controller shall contain the
~~
following provision: The City, through the office of the Controller, will be given fifteen (15)
days' notice prior to the effective date of the cancellation or other material change of this
policy."
(jj) Same - Payment offee prerequisite to issuance; exception:
(1) No eertifreafie company license shy may be issued until the holder has paid an
initial annual license fee of twenty-five dollars f $569:98] 25.00 for the right to
engage in the taxicab business and ferty fi dollars ($6:99) ($50.00) each year for each
vehicle operated under the com~anv license.
The license fees shall be in addition to any other license fees or charges established by this
section or any other statute or ordinance.
(2) The imtiR~ license fees for companies and vehicles
0569-99j, as provided for in this subsection, shall not apply to persons na~an having a valid
certificate of public convenience and necessity as of the effective date of this ordinance until the
time the license for such companies and vehicles is to renewed in the vear following the
adoption of this ordinance.
(kk) Same -Transferability. No certificate of public convenience and necessity oror company
license may be sold, assigned, mortgaged or otherwise transferred.
(11) Same -Suspension or revocation; notice:
(1) A certif'reate company license issued under the provisions of this section maybe
is
revoked or suspended by the Controller ibfayar pursuant to the provisions of section 4-16, if the
holder thereof has:
a. Violated any of the provisions of this section.
b. Discontinued operation for more than ten (10) days.
c. Violated this Code or any ordinance of the City or the laws of the United
States or the State, the violation of which reflects unfavorably on the fitness of the holder to
offer public transportation.
(2) Prior to suspension or revocation, the holder shall be given notice of the proposed
action to be taken and shall have an opportunity to be heard pursuant to section 4-16.
(mm) Driver's license -Required. No person shall allow eperxte a taxicab to be driven for hire
upon the streets of the City,
unless the
driver of such taxicab shall have first obtained and have then in force a taxicab driver's license
issued under the provisions of this section.
(nn) Same -Application contents; physician's report; fee exception:
(1) An application for a taxicab driver's license shall be submitted to the Department
of Central Services on forms provided by the Controller and verified
under oath.
(2) The application shall contain the following information:
a. The names and addresses of four (4) residents of the City who have
known the applicant for a period of five (5) years.
b. The experience of the applicant in the transportation of passengers.
The educational background of the applicant.
d. A concise history of his the applicant's employment including dates of
employment and addresses of employers for the ten (101 tears before the date of the application.
e. Information as to whether the applicant for a driver's license has been
convicted of a felony or misdemeanor and if so when and where such conviction took place.
and the nature of the crime for which the applicant was convicted.
(3) The application shall be accompanied by a photograQh of the driver and a current
19
public passeneer chauffeur's license issued by the State of Indiana or the State of Michigan.
certificate from a licensed physician eftlre-Erik' certifying that, in his the physician's opinion, the
applicant is not suffering with from any disease or infirmity which may make him the applicant
an unsafe or unsatisfactory driver.
(4) At the time the application is filed, the applicant shall pay the Controller the sum
of five dollars ($5.00) as a processing f, ee. The applicant shall also pay the Controller the sum of
ten dollars ($10 00) upon a~nroval of the a~nlication and before issuance of the license.
(5) The provisions of this subsection shall not apply to persons new having a valid
taxicab driver's license at the time this becomes effective, but such persons shall comply with
the renewal provisions of this section en-~ncl after the effective date of this ordinance.
(oo) Same -Investigation of traffic and police record. The Police Department shall conduct
an investigation of each applicant for a taxicab driver's license. A report of the investigation ~srel
,and the recommendation of the
Police Department shall be attached to the application for the consideration of the Controller. In
making its recommendation the Police Department shall consider the criminal history of the
~plicant if any and the likelihood that grantin tg~he application will endanger the health, safety
or welfare of the public The Police Department shall recommend denial of the application if
the applicant has been convicted of any felon~nv crime a ag 'nst a person within twenty (20)
years before the date of the application or if the applicant has been convicted of a misdemeanor
or of anY crime or infraction involving dishonesty drivingwhile intoxicated or under the
influence of alcohol or intoxicants or driving with a suspended license within ten (10) years
before the date of the application or is currentl~on parole or probation under the Criminal
Justice System of the United States or of any state. Any applicant who has a valid license as of
the effective date of this ordinance shall be deemed to have met the requirements for a favorable
Police Department recommendation as of that date. A report of the investigation and the
recommendation of the Police Department, , ~ ,
shall be attached to the application for the consideration of the Controller.
(pp) Same -Application approval or rejection; written report if rejected:
(1) The Controller shall, upon consideration of the application and the reports,
recommendations and certificate required to be attached thereto, approve or reject the
application. If the application is rejected, the applicant may request a aranee
hearing~ursuant to section 4-16 to offer evidence why his the
application should be reconsidered.
(2) The Controller shall submit, ~ ~ ~ the reasons for rejecting
the application and any evidence pertinent to the rejection at the hearing.
20
tarvvra ~trimrrcmyr~mnMrr~hirlro*+craMr`"p
rs:~nee>-~ythe-StRte-
(1rj~ Same - Driver's license issuance; term;~n~cr~-f~'
(1) Upon approval of an application for a taxicab driver's license, and following
payment of the licensing fee, the Controller shall issue a driver's license to the applicant which
bears the name, address, age, signature and photograph of the applicant.
(2) Tthe license shall be in effect until MaX31
of the_vear after it is issued. A license for every ~end~r subsequent year t~rere~fter shall be
issued upon the applicant meeting the requirements of this section.
- •~
f ss~~ Same -Display of license. Every driver licensed under this section shall post his the
driver's license in such a place as to be in full view of all passengers while such driver is
operating a taxicab and shall show the license to any~assenger prospective nassen~er, or South
Bend Police Officer or employe of the Department of Central Services the Department of Code
Enforcement or the Bureau of Weights and Measures upon demand. However for the personal
safety of the driver the home address of the driver maybe deleted from the license which is on
display The driver shall maintain on file in the Office of the Citv Controller the driver's current
address.
(~tj ss) Same -Suspension or revocation. The
Controller may suspend or revoke any taxicab company. vehicle, or driver's license issued under
this section for a driver failing or refusing to comply with the provisions of this Code. The
suspension shall last for a period of not more than thirty (30) days;_ hptvever,~ A license may
not be revoked unless the driver has received notice and has had an opportunity for a hearing in
accordance with section 4-16 of this Code.
(auj~ Compliance with Federal, State and City laws. Every driver licensed under this division
shall .comply with all City, State and Federal laws. Failure to do so shall justify the Boarcl--of
F~~~ks Controller suspending or revoking a license.
uu Lengtle o company driver's or vehicle licenses. If issued or renewed on or after 3une
1 but before December 31 the company, driver's or vehicle license issued or renewed under
this section shall be valid from June 1 of the year issued or renewed until Mav 31 of the
followingyear If issued on or after January 1 but before Mav 31 then the company or vehicle
license issued under this section shall be valid until Mav 31 of that year.
21
SECTION IV: Chapter 4, Article 4, Section 4-64 of the South Bend Municipal Code
shall be, and hereby is, amended to read as follows:
Section 4-64. Chart of licensing fees.
Regulated Activity Code Section
* ~: ~ ~ ~
Taxicabs:
(a) Per driver, per year
(b) Per vehicle, per year
~c~ Compan,~! license annual fee
~d~ Per stand, per
Fee
l 0.00
48:88
50.00
25.00
125.00
for each 22 feet of
street occupied.
SECTION ~ V: This ordinance shall be in full force and effect from and after its
passage by the Common Council, and approval by the Mayor, and publication as required by
law.
Member of the Common cil
1st READING ~"~~~~~
PUBLIC HEARING ~'9 ``1`1
3rd READING g.~-~j~(
NOT APPROVED
REFERRED
PASSED g _q-~ ~ a s sN~ s~~ ~U'C!~
t aQV O/:. If ~ ~~<.$.1 nab ti ~d '!'.i .
t
( ~o
Za ~;~.~~ 0 ~ 5999
4-61
COMMITTEE REPORT
TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND:
Your Committee of the Whole, to whom was referred:
BILL NO.
51-99 PUBLIC HEARING ON A BILL OF THE COMMON COUNCIL OF
THE CITY OF SOUTH BEND, INDIANA, AMENDING CHAPTER 4
OF THE SOUTH BEND MUNICIPAL CODE TO REVISE
PROVISIONS FOR LICENSING OF TAXICAB COMPANIES,
VEHICLES AND DRIVERS
Respectfully report that they have examined the matter and that in their opinion, this bill
is being recommended to the full Council with a favorable recommendation as substituted..
Charlotte Pfeifer
Chairman