Lindsay Municipal Code § 5.20 Taxicabs And Other Vehicles For Hire

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

1. "Automobile for hire," as used in this chapter, includes every automobile or motor-propelled vehicle by means of which passengers are transported for hire upon any public street in the city and not over a regular or defined route and irrespective of whether the operation extends beyond the boundary limits of the city or not, excepting vehicles within the term "taxicab" and excepting vehicles of "transportation companies" as defined in this section.
2. "Taxicab" is every automobile or motor-propelled vehicle by means of which passengers are transported for hire upon any public street in the city and not over a regular or defined route and irrespective of whether the operations extend beyond the boundary limits of the city or not, where charge for the transportation is measured by the distance traveled, or by the time required for the transportation, or both, excepting vehicles of transportation companies as defined in this section.
3. "Transportation companies" is synonymous with the phrase "transportation company" as defined by state law, providing for the supervision and regulation of the transportation of persons and property for compensation over public highways by automobiles, jitney buses, auto trucks, stages and auto stages, and all amendments thereto.

(Prior code § 21-1)

It is unlawful to operate or cause to be operated as an automobile for hire, or a taxicab, upon any public street within the city or to display or advertise upon any vehicle by device, design or insignia operated upon any public street within the city, whereby the vehicle is actually or apparently held out as an automobile for hire or a taxicab, or for any person to solicit charges or accept fees for the operation of the same, without first having obtained a permit so to do in accordance with the provisions of this chapter and without complying or having complied with all of the provisions of this chapter.

(Prior code §21-2)

Any person desiring to obtain the permit required by Section 5.20.020 shall pay a fee of ten dollars to the city clerk and shall make application for the permit to the city council, which application shall set forth:

1. The name and address of the applicant, and if it is a corporation, the names of its principal officers, or if it is a partnership, association or fictitious company, the names of the partners or persons comprising the association or company, with the address of each;
2. A statement of whether the permit is desired for an automobile for hire or taxicab;
3. A description of every motor vehicle which the applicant proposes to use, giving:
4. Trade name,
5. Motor and serial number,
6. State license number,
7. Seating capacity,
8. Body style;
9. The street number and exact location of the place where the applicant proposes to stand each such automobile;
10. The proposed schedule of rates or fares to be charged for carrying passengers in the automobile;
11. The distinctive color scheme, name, monogram or insignia which shall be used on the automobile.

(Prior code § 21-3)

1. Upon the receipt of any application referred to in Section 5.20.030, the city clerk shall set a time of not less than ten days nor more than thirty days thereafter, for the hearing of the application before the city council and shall give notice of the time set at least five days before the date of the hearing to the applicant, at the address set out in the application.
2. At the time set for the hearing of the application, the city council may examine the applicant and any other persons interested in the matter set forth in the application, and shall determine whether or not the public interest, convenience and necessity require the issuance of the permit applied for, and if it is found by the city council that the public interest, convenience and necessity require the issuance of the permit applied for, it shall, by resolution, order the city clerk to issue a permit in accordance with the application, subject to the filing and approval of an undertaking as provided in Section 5.20.060.

(Prior code § 21-4)

Before any permit is issued pursuant to this chapter, a license fee shall be paid to the city at the rate of five dollars per quarter for each automobile for hire and taxicab referred to in the application for a permit and failure to pay the license fee shall automatically revoke any permit issued pursuant to this chapter.

(Prior code § 21-5)

Before a permit is issued by the city clerk pursuant to this chapter, the applicant to whom a permit has been awarded by the city council shall deliver to the city council a policy of insurance, executed by a company duly authorized under the laws of the state to do an insurance business, by the provisions of which policy the company promises and undertakes to pay in full all claims for damages to persons or property resulting from the operation of the automobiles referred to in application; provided, that the minimum amount for which liability shall be assumed for injury to, or death of, one person in any one accident shall be fifteen thousand dollars and injury to, or death of, more than one person in any one accident shall be thirty thousand dollars, and the minimum amount for which liability shall be assumed for injury or destruction of property in any one accident shall be five thousand dollars.

(Prior code § 21-6)

Any permit granted under the provisions of this chapter may be revoked by the city council, either as whole or as to any or either cars described in the permit, after ten days' notice to the permit holder, requiring him to appear at a certain time and place to show cause why the permit should not be revoked for any of the following reasons:

1. That the undertaking provided for in Section 5.20.060 has not been given or has been withdrawn or lapsed for nonpayment of premium, or is not in force for any reason;
2. For the nonpayment of any license fee provided by any provisions of this code or other ordinance of the city;
3. For the failure to observe any of the rules and regulations set out in this chapter;
4. For the violation of any laws of the state, provision of this code or ordinance of the city;
5. For failure to maintain satisfactory service to the public;
6. For any cause which in the opinion of the city council makes it contrary to the public interest, convenience and necessity for the permit to be continued.

(Prior code § 21-7)

No person shall be entitled to hold more than one permit at a time, and no permit shall be transferable without the permission of the city council having been first obtained.

(Prior code § 21-8)

In the event that any person holding a permit pursuant to this chapter desires to change his schedule of rates, he shall make application for permission to do so from the city council.

(Prior code § 21-9)

Any person operating a taxicab shall wear a distinctive hat or cap with a badge in plain sight inscribed with the name of the person to whom the permit has been issued.

(Prior code § 21-10)

All taxicabs and automobile for hire shall, while carrying passengers, come to a full stop within thirty feet of the nearest rail before crossing any railroad track, where no gates are maintained.

(Prior code §21-11)

No taxicab or automobile for hire shall remain standing upon any portion of any public street within the city, except for loading and unloading passengers, and then not for a period of more than five minutes, excepting such stand as may be designated by the city council and described in the application for a permit. This section shall not apply to any automobile for hire or taxicab while it is engaged by and being paid by a passenger.

(Prior code § 21-12)

The operator of any taxicab shall carry any passenger engaging him safely and expeditiously to his designation by the most direct and accessible route.

(Prior code § 21-13)

All automobiles for hire and taxicabs shall be kept in good mechanical condition.

(Prior code § 21-14)

No person shall operate a taxicab or automobile for hire in violation of any law, provision of this code or other ordinance of the city.

(Prior code § 21-15)

No owner or operator of any automobile for hire or taxicab shall indulge in unfair competition with competitors or shall commit any fraud upon the public, and the city council shall be the sole judge of what constitutes fraud or unfair competition.

(Prior code § 21-16)

Every taxicab shall have posted in the passenger compartment a schedule of rates and charges and a copy of Sections 5.20.100 through 5.20.230.

(Prior code § 21-17)

No charge shall be made by any operator or owner of a taxicab or automobile for hire in excess of the rates posted in the passenger compartment of the car.

(Prior code § 21-18)

No taxicab or automobile for hire shall be operated unless the passenger compartment is kept clean and in a sanitary condition.

(Prior code § 21-19)

No automobile for hire shall be designated by any word or phrase using the word "taxi" or "taxicab" in any sign or advertising matter.

(Prior code § 21-20)

No taxicab or automobile for hire shall be operated by any person under the age of twenty-one years, or by any person who does not have a chauffeur's license issued by the state, or by any person under the influence of intoxicating liquors, or who is for any reason whatsoever unable or incompetent to safely handle the automobile, or by any person in violation of any law or provision of this code or other ordinance in force or that may be hereafter enacted.

(Prior code § 21-21)

The driver of any automobile for hire or taxicab in the city shall refrain from drinking spirituous, maltous, vinous or intoxicating liquors of any kind or character during the period of time which such person is on duty and subject to call in the operation of the automobile for hire or taxicab.

(Prior code § 21-22)

No operator of any automobile for hire or taxicab shall solicit or take on or carry any passenger after the automobile for hire or taxicab has been engaged or while in use for another passenger without consent of the passenger first engaging it having been first obtained. A passenger engaging the automobile shall have the exclusive right to full and free use of the passenger compartment and the whole thereof, if he desires it.

(Prior code § 21-23)