Anderson Municipal Code Ch. 5.68 Taxicabs

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section:

A. "Taxicab" means every automobile or motor-propelled vehicle of a distinctive color or appearance, such as in common usage in this country for taxicabs, used in transportation of passengers for hire over the streets of the city and not over a defined route, irrespective of whether the operations extend beyond the boundary limits of the city at rates for distance traveled or for waiting time or for both, and such vehicle is routed under direction of such passengers or persons hiring same.

B. "Taxicab driver" means the person exercising actual control over any motor vehicle operated as a taxicab.

(Prior code § 22.3)

This chapter shall be known as the "Taxicab Ordinance" of the city.

(Prior code § 22.1)

The city council declares that this chapter is adopted to achieve the following, among other, purposes and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To regulate the licensing of taxicabs and taxicab drivers within the city;

B. To establish rates and regulations for the service of and the safe operation of taxicabs within the city.

(Prior code § 22.2)

Every taxicab shall display in the rear of the driver's seat and in the passenger's compartment and in full view of the passengers a card not less than two by four inches nor more than two and one-half by five inches, which shall have printed thereon the owner's name under which he operates and the business address and telephone number of such owner, together with the rates to be charged for such vehicle.

(Prior code § 22.4)

Every taxicab shall have painted upon the door of such cab the name under which the owner operates, together with the telephone number and the cab number. The number of the taxicab and the telephone number shall be painted upon the rear of such vehicle. All of the lettering mentioned in this section shall be not less than two and one-half inches in height and not less than five by sixteen-inch stroke.

(Prior code § 22.5)

Every taxicab may display an electrically lighted "vacant" sign attached to the top of such cab. Every such sign shall not be more than two and one-half inches by nine inches in length.

(Prior code § 22.6)

The passengers of a taxicab shall have the full and exclusive right to the passenger compartment, and no owner or driver of such taxicab shall solicit or carry additional passengers.

(Prior code § 22.7)

Any driver employed to carry passengers to a definite point shall take the most direct route possible that will carry the passengers safely and expeditiously to their destination.

(Prior code § 22.8)

A. It is unlawful for the owner or driver of any taxicab covered by this chapter to fix, charge or collect for service a rate in excess of less than those rates as from time to time may be established by resolution. A violation of any of the provisions of this section constitutes an infraction, punishable as set forth in Section 1.20.010 of this code.

B. When carrying passengers whose point of destination is different, the meter shall be turned back to the "For Hire" position each time a passenger is discharged and a fare collected.

(Ord. 442, 1981: Ord. 302 § 1, 1974; Ord. 293 § 1, 1973; prior code § 22.9)

No person shall charge, collect, demand, receive or arrange for any compensation for the service of any taxicab any amount, rate or compensation greater than the charges or rates regulated by the city council.

(Prior code § 22.10)

It is unlawful for any owner or driver to operate any taxicab in the city unless and until such vehicle is equipped with a taximeter of such type, style and design as may be approved by the sheriff. It shall be the duty of every owner operating a taxicab to maintain such taximeter in such condition that it will at all times correctly and accurately indicate the correct charge for the distance traveled and waiting time. Such taximeter shall be at all times subject to inspection by the sheriff, and he is authorized at his instance or upon complaint of any person to investigate or cause the taximeter to be investigated and, upon discovery of any inaccuracy in such taximeter, to remove or cause the same to be removed and not to be used until it has been correctly adjusted.

(Prior code § 22.11)

Every taximeter shall be equipped so as to register the cost of transportation of passengers in the city, and the taximeter shall be so placed in the taxicab that the reading dial showing the amount to be charged may be readily seen by the passengers in the taxicab. It is unlawful for any owner, driver or operator of a taxicab in the city to charge any sum in excess of the amount shown on such dial for conveyance in the taxicab.

(Prior code § 22.12)

It is unlawful for a taxicab driver while carrying passengers to display the flag or the device attached to the taximeter in such position as to denote that the vehicle is for hire, to cause the taximeter to record when the vehicle is not actually employed or to fail to cause the device on the taximeter to be placed into a nonrecording position at the termination of each and every service. A violation of any of the provisions of this section shall constitute an infraction, punishable as set forth in Section 1.20.010 of this code.

(Ord. 444 § 2 (part), 1981; prior code § 22.13)

The city council shall have authority to adopt such rules and regulations as may be necessary for the service and safety of operation of taxicabs.

(Prior code § 22.14)

Permits provided for in this chapter may be granted, denied, revoked, suspended or cancelled as to any person or applicant wherever, in the exercise of reasonable and sound discretion, the city council determines that the provisions of this chapter have or have not been complied with or that the permittee or applicant is or is not a fit and proper person to be in charge of or operate a taxicab, as may be determined by the rules and regulations pertaining to the operation of the extent, quality and character of the service of such vehicle.

(Prior code § 22.22)

The city clerk or the chief of police may suspend any of the permits provided for in the chapter, and the action of the chief of police or city clerk shall be reviewed by the city council at its next regular meeting. Any person dissatisfied with the decision of the city council in its review of the actions of the chief of police or city clerk may request a public hearing which shall be held in accordance with the provisions for public hearings on applications for taxicab permits.

(Prior code § 22.23)

Violation of any of the provisions of this chapter shall constitute good cause for the suspension by the city clerk or chief of police of any permit authorized by this chapter.

(Prior code § 22.24)

Applications for a permit to operate a taxicab shall be filed with the city clerk on forms provided by the city. The fee for filing such application shall be fifty dollars, and applications for permits shall not be filed until the fee has been paid.

(Prior code § 22.25)

No taxicab permit shall be issued to any person until a standard, distinctive and uniform color scheme has been adopted by the applicant and approved by the city council, which designates by color the owner of such taxicab.

(Prior code § 22.26)

No permit shall be issued to any person whose color scheme is in conflict with or imitates any color scheme, monogram, name or insignia used by another concern in such manner as to be misleading or tend to deceive or mislead the public.

(Prior code § 22.27)

The city clerk shall present the application for a permit to operate a taxicab at the next regular meeting of the city council, and the council shall set a date for public hearing thereon to be held not less than fifteen nor more than forty days from the date such application is presented to the council. The city clerk shall cause a "notice of hearing of application for taxicab permit" to be published once, which publication shall be not less than five nor more than fifteen days prior to the date of hearing. A copy of such notice shall be mailed to all persons then holding valid taxicab permits at their addresses as they appear on such permits.

(Prior code § 22.28)

The city council, in determining whether or not any public convenience and necessity exists, may take into consideration all facts as it may deem pertinent and proper, which facts shall include a specific finding that the following conditions do or do not exist:

A. That the applicant is financially responsible;

B. That persons holding permits for the operation of particular taxicabs are, under efficient management, earning a fair and reasonable return on their capital devoted to such service;

C. That persons holding permits for the operation of taxicabs, at the time such application is made, are, under normal conditions, inadequately serving the public.

(Prior code § 22.29)

A. At the hearing, the burden of establishing the right to a permit shall be on the applicant. The council shall first hear reports and recommendations of affected city department heads. The applicant shall then be permitted to offer evidence or testimony in support of his application. Thereafter anyone desiring to oppose the applicant may offer testimony or evidence which the applicant shall be allowed to rebut. The right to examine and cross-examine witnesses shall rest in the discretion of the person presiding over such hearing. Witnesses shall be sworn.

B. At the conclusion of the hearing, the city council shall direct the city clerk either to issue or not to issue the permit.

(Prior code § 22.30)

All permits issued under the provisions of this chapter shall be for a period not to exceed one year, and all such permits shall expire on June 30th of each year.

(Prior code § 22.31)

Provided that permits to operate taxicabs have not been revoked, suspended or cancelled, the city clerk shall annually renew such permits previously issued on application of the holder.

(Prior code § 22.32)

A taxicab permit shall be assignable only with the consent of the city council and after compliance with the provisions of State Civil Code Sections 3440 and following.

(Prior code § 22.33)

Before any taxicab permit is issued or renewed, the owner thereof shall first satisfy the insurance requirements set forth in Sections 3.60.030, 3.60.060 and 3.60.070 of this code. The liability coverage required therein shall also extend to members of the general public as well as to persons to whom services are being provided.

(Ord. 658 § 1, 1997: prior code § 22.34)

Each permit issued under the provisions of this chapter shall entitle the owner thereof to a license to engage in the business described in such permit, and the city clerk, upon the payment of the license fee therefor, shall issue the license.

(Prior code § 22.35)

Taxicabs for which permits have been issued shall be operated by the owner thereof or by an employee of the owner. No owner and driver of any such taxicab shall enter into any contract, agreement or understanding between themselves by the terms of which such driver pays to or for the account of such owner a fixed or determinable sum for the use of such taxicab.

(Prior code § 22.36)

No person shall operate a taxicab within the city without first having obtained a written permit for the operation of such vehicle under and in accordance with the terms and conditions prescribed in this chapter. A violation of any of the provisions of this section shall constitute an infraction, punishable as set forth in Section 1.20.010 of this code.

(Ord. 444 § 2 (part), 1981; prior code § 22.44)

Every applicant for a permit to drive a taxicab must be a citizen of the United States of America or one who has regularly declared his intention to become a citizen and must be at least twenty-one years of age; provided, nevertheless, that any driver employed by a taxicab permittee, which driver is at the time of the issuance of a permit to any applicant engaged in business at the time of the adoption of this chapter less than twenty-one years of age, shall be granted a permit to drive a taxicab, if he otherwise conforms to the requirements of this chapter. Such permit shall be valid only so long as such driver continues uninterruptedly in the employment of the taxicab operator in whose service he was engaged at the time of the issuance to him of a permit to drive a taxicab. No driver's permit shall be issued to any person who has been convicted of a felony or of any crime which would be a felony according to the laws of the state, nor shall a driver's permit be granted to any person who refuses to be fingerprinted by the police department of the city.

(Prior code § 22.45)

Each driver's permit granted by the city council must be filed with the city clerk, who shall collect the sum of one dollar and fifty cents therefor. The clerk shall deliver to each permittee such evidence of the issuance of the driver's permit and of the identity of the holder thereof as the city council may prescribe.

(Prior code § 22.46)

All permits issued under the provisions of this chapter shall be for a period not to exceed one year, and all such permits shall expire on June 30th of each year.

(Prior code § 22.47)

Permits may be issued to owners of taxicabs allowing such vehicles, while awaiting employment, to stand at certain designated places upon the street.

(Prior code § 22.61)

The permit authorized by Section 5.68.340 shall not be granted except upon the application of the person desiring such stand, filed with the city council stating the number of taxicabs for which the permit is sought and the proposed location of such stand; provided, however, that such application must contain either the written consent of the occupant of the first floor of that portion of the building or property in front of which it is desired that such vehicle shall stand or, if such building is used for hotel purposes, the written consent of the person operating such hotel. If there is no building on the premises in front of which it is desired that such taxicab shall stand or if there is a building and the first floor is unoccupied, then such permit may be granted on the written consent of the owner of such building or premises.

(Prior code § 22.62)

The city council may, after exercising reasonable discretion, grant renewals or extensions of permits for such stands.

(Prior code § 22.63)

The fee payable to the city for each cab stand permit issued shall be in the sum of fifteen dollars per month, in addition to the further sum payable by each taxicab owner or operator of ten dollars per quarter for one taxicab and five dollars per quarter for each additional taxicab.

(Prior code § 22.64)

No permit shall be issued for any taxicab stand to be located within three hundred feet of another stand on the same side of the street.

(Prior code § 22.65)

Stands may be occupied for a period of twenty-four hours a day except where standing, stopping and parking of vehicles is otherwise prohibited during any portion of the twenty-four hours.

(Prior code § 22.66)

No owner or driver of any taxicab shall stand while awaiting employment at any place on a public street other than a stand designated by the city council and assigned to the owner of such vehicle.

(Prior code § 22.67)

No more than three taxicabs shall be permitted to stand on any one side of a street within the limits of any one block.

(Prior code § 22.68)

The operation of any vehicle as a taxicab within the city without first obtaining a permit as provided in Section 5.68.150 or the violation of any of the provisions of this chapter is a misdemeanor, except for those violations specifically designated as infractions.

(Ord. 444 § 5(1), 1981; prior code § 22.21)