Livingston Municipal Code Art. II Certificate of Public Convenience and Necessity

No person shall engage in the business of operating any taxicab within the city without first having obtained a certificate of public convenience and necessity from the City Council.

(Ord. 284, passed 6-13-1985)

All persons applying to the City Council for a certificate of public convenience and necessity for the operation of one or more taxicabs shall file with the City Council a sworn application therefor on forms provided by the City Council stating as follows:

(A) The name and address of the owner or person applying;

(B) The number of vehicles actually owned and the number of vehicles actually operated by such owner on the date of application, if any;

(C) The number of vehicles for which a certificate of public convenience and necessity is desired;

(D) The make, type, year of manufacture and passenger seating capacity of each taxicab for which application for a certificate of public convenience and necessity is made;

(E) The make and type of taximeter intended to be installed on each taxicab for which application of a certificate is made;

(F) A description of the proposed color scheme, insignia, trade style and any other distinguishing characteristics of the proposed taxicab design;

(G) Such other information as the City Council may require.

(Ord. 284, passed 6-13-1985)

No certificate of public convenience and necessity shall be granted until the City Council shall, after hearing, declare by resolution that the public convenience and necessity require the proposed taxicab service.

(Ord. 284, passed 6-13-1985)

In determining whether the public convenience and necessity require the operation of a taxicab for which application is made, the City Council shall hold a public hearing as may be necessary in its discretion to determine that fact.

(Ord. 284, passed 6-13-1985)

Before any application under this article is acted upon, the Chief of Police shall cause an investigation to be made and shall report his or her findings, in writing, to the City Council on the following:

(A) The demand of the public for additional taxicab service;

(B) The adequacy of existing mass transportation and taxicab service;

(C) The financial responsibility and experience of the applicant;

(D) The number, kind and type of equipment and the color scheme to be used;

(E) The effect which such additional taxicab service may have upon traffic congestion and parking;

(F) Whether the additional taxicab service will result in a greater hazard to the public; and

(G) Such other relevant facts as the City Council may deem advisable or necessary.

(Ord. 284, passed 6-13-1985)

No taxicab shall be granted a certificate of public convenience and necessity unless it conforms with all the provisions of this chapter, unless the vehicle has been granted a license to operate as a taxicab in the city prior to the effective date of this chapter.

(Ord. 284, passed 6-13-1985)

Before a certificate is issued to any owner, the taxicab, for which a certificate of convenience and necessity is requested, shall be delivered to a place designated by City Council for inspection. The City Council shall designate agents to inspect such taxicab, equipment and taximeters, to ascertain whether such taxicab complies with the provisions of this chapter.

(Ord. 284, passed 6-13-1985)

Having declared that the public convenience and necessity require the additional taxicab service, the City Council shall grant certificates of public convenience and necessity to those persons applying therefor who in its opinion are entitled thereto. The City Council shall in its discretion determine the number of permits to be granted to any applicant. No certificate shall be issued to any person who shall not have fully complied with all of the requirements of this chapter necessary to be complied with before the commencement of the operation of the proposed service.

(Ord. 284, passed 6-13-1985)

After the service for which a certificate is granted is discontinued, or if the person sells or discontinues his or her business for a period of 45 days, the certificates granted under this article shall be automatically canceled and shall be reissued only in accordance with the provisions of this chapter.

(Ord. 284, passed 6-13-1985)

Whenever an owner sells or transfers the title to a taxicab for which a certificate of public convenience and necessity has been granted and within 30 days after such sale or transfer purchases other taxicabs, the City Council shall, as a matter of right, upon written request of the applicant within 30 days of such purchase, issue a new certificate for the operation of no greater number of taxicabs than those sold or transferred; provided, that the owner has complied with all the provisions of this chapter.

(Ord. 284, passed 6-13-1985)

Any owner whose taxicab, for which a certificate of public convenience and necessity has been granted, has been destroyed in any manner, will, as a matter of right, upon written application to the City Council within 30 days after such destruction, be issued a new certificate for the operation of no greater number of taxicabs than those so destroyed; provided, that the owner has complied with all the provisions of this chapter.

(Ord. 284, passed 6-13-1985)

Certificates may be suspended or revoked by the City Council at any time in case:

(A) The City Council finds the owner’s past record to be unsatisfactory;

(B) The owner fails to operate the taxicab in accordance with the provisions of this chapter;

(C) The owner shall cease to operate any taxicab for a period of 45 consecutive days without having first obtained permission for cessation of such operation from the City Council; and

(D) The taxicab is operated at a rate of fare other than that approved by the City Council.

(Ord. 284, passed 6-13-1985)

Certificates which have been suspended or revoked by the City Council shall immediately be surrendered to the City Clerk and the operation of any taxicab covered by such certificates shall cease and be unlawful.

(Ord. 284, passed 6-13-1985)

Any owner who permanently retires any taxicab from service and does not replace the same within 45 days thereof, shall immediately surrender any certificate granted for certificates for the operation of any taxicab without having first made application therefor in the manner provided in this chapter.

(Ord. 284, passed 6-13-1985)

Each taxicab shall bear, at such places on the outside of the vehicle as shall be prescribed by the City Council, the number of the certificate of public convenience and necessity granted for its operation. Such designation shall be of the type and design as shall be prescribed by the City Council.

(Ord. 284, passed 6-13-1985)