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HomeMy WebLinkAbout2004-15 07-22 APSTATE OF MINNESOTA) COUNTY OF HENNEPIN) Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Financial Officer of the newspaper known as Sun -Post and has full knowledge of the facts stated below: (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minn. Stat. §331A.02, §331A.07, and other applicable laws, as amended. (B) The printed public notice that is attached was published in the newspaper once each week, for one successive week(s); it was first published on Thursday, the 22 day of July 2004, and was thereafter printed and published on every Thursday to and including Thursday, the day of 2004; and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publica- tion of the notice: Subscribed and sworn to or affirmed before me on this 22nd day of July 2004. Notary Public (3) Rate actually charged ss. abcdefghijklmnopgrstuvwxyz newspapers AFFIDAVIT OF PUBLICATION (1) Lowest classified rate paid by commercial users for comparable space 2) Maximum rate allowed by law RATE INFORMATION 2.85 per line 6.20 per line 1.40 per line City of Brooklyn Center (Official Publication) CITY 01' BROOKLYN CENTER Notice of ordinance adoption ORDINANCE NO 2004-15 AN ORDINANCE RELATING TO THE LICENSING OF TAXICABS; AMENDING BROOKLYN CENTER CITY CODE SECTIONS 23- 702,23 -703, AND 23 -704 AND ADDING NEW SECTIONS 23 -706, 23 -707, 23- 708, 23 -709, 23 -710, 23 -711 AND 23- 712 THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section 1. Brooklyn Center City Code Section 23-702 is amended as follows: Section 23 -702, TAXICAB LICENSE REQUIRED a. No person shall operate or permit a taxicab owned or controlled by that person to be operated [a taxicab] within the City of Brooklyn Center without [display- ing a valid taxicab permit decal duly issued by the Metropolitan Airports Commission and without com- plying with the requirements of said issuing authori- ty (and providing proof thereof) regarding driver qual- ifications. insurance, vehicle safety, and vehicle in- spections) having first obtained a taxicab license from the City covering both the driver and the taxicab. b- Licenses are valid from January 1 to December 31. 'ostlThursday, July 22, 2004 LEGAL 'NOTICES s. A license is not required for taxicab owners and gper- ators participating in the Sober Cab program. This ex- ception anplies when the following conditions are met: lu The taxicab is picking up the customer at an on- rale liquor establishment within the City; :All 2, y.• tab for service to the taxicab: and 3 The fee for the service is paid by the liquor estab- lishment. by a third party as part of City or area wide sober cab promotion. or the sevice is provid- ed voluntarily by the taxicab owner or operator Section 2. Brooklyn Center City Code Section 23 -703 is amended as follows: Section 23 -703 [TAXICAB DRIVER'S LICENSE RE- QUIRED] LICENSE APPLICATION [No person, shall driveia taxicab within the City of Brooklyn Center without possessing a valid taxicab dri- ver's license duly issued by the Metropolitan Airports Commission.] a, An application for a taxicab license must be filed with the City Manager's designee on a form prepared by the City. The applicant must completely answer all aues- tions and provide all information required on the ap- plication form. An application by a business Organi- zation may cover more than one taxicab and more than one driver, 1 eic b Before a licensee may use a new vehicle or a new dri- ver. the licensee must file a new or revised license a plication with all of the information reauired of vehi- cles and drivers in an original application. e. The City may conduct any and all necessary investi- gations to verify the information on the a in- cluding a criminal history and driver's license history inquiry on the policant or any driver. License renewal applications must include all of the information required in an original apolicatipn, Section 3. Brooklyn Center City Code Section 23 -704 is amended as follows: Section 23 -704, [DESIGNATION] VEHICLE RE- QUIREMENTS. [Each taxicab required to be licensed by this Section shall bear signs identifying the vehicle as a taxicab. Such signs shall be on the exterior of the vehicle and shall be visible from each side of the vehicle.] e, Prior to operation in the City, each taxicab must meet the following requirements:' 1 lie marked to clearly identify the name of the busi- ness or comp:. y. the business or company tele- phone number. the cab number and rates. The de- 1I Manager's designee. Be eauinped with an, accurate. operating meter, and an operating radio or telephone: and 6 Have passed an inspection at a qualified service station or garage that e plovs a master ASE (Au- 10_1 oti lye Service Excellence) Technician. The City reserves the right to ex- e and inspect taxicabs in City facilities. Be clean, tainted.'and free from rusted metal and substantial body damage. The vehicle must have no loose hanging metal. body molding or chrome stripp The vehicle must have all required fend ers, bumpers. doors. door handles and lights. all of which must be in good working order. b Each licensed taxicab must be inspected annually or as otherwise required by the City Section 4. The Brooklyn Center City Code is amended by adding a new Section 23 -706: Section 23-706. LICENSEE MINIMUM REQUIRE- MENTS, ant a E li ns a• 1, B- .e which a license is requested; 2, If:__. be, 1-_t1 a corporation or association. be prover ychartered o uthorized'to do business as such under state law: and b All drivers must have a valid State of Minnesota dri- ver's license, Section 5. The Brooklyn Center City Code is amended by adding a new Section 23 -707: Section 23-707. DISQUALIFICATIONS. Except as allowed under Minnesota Statutes. Chapter 364. the following persons are disqualified from ob- .lice. :e.r ..a.r, •r o. a taxicab 1 Persons convicted of a violation of Minnesota Statutes 44 609.185 to 609.21 (murder. criminal vehicular homicide and iniury): 2,. Persons convicted of a violation of Minnesota Statutes §4609.221 to 609 23 (assault in the first, second or third degree): 2, Persons convicted of a violation of Minnesota, Statutes 609.342 to 609 3451 (criminal sexual conduct): Pions convicted of a violation of 617.23. subdivi- ..2 f -lo .r .s: misdem-: o ind exposure); Persons convicted of any provision of Minnesota Statutes. Chapter 152 (controlled substances) that is punishable by a maximum sentence of 15 years of more 6. Persons convicted of any provision of Minnesota Statutes, Chapter 169 or 169A involving driving under the influence, leaving the scene of an acci- dent or reckless or careless driving; 7. Persons who have been adiudged legally incompe- tent by reason of mental illness, mental deficien- cy. or inebriety: 8. Persons who have been convicted of a crime of vi- olence or theft, a sex crime, or a crime involving the illegal use of drugs, other than crimes listed in paragraphs (1) (27 (3) (41 or 15): and Persons who have driving violations not listed in paragraph (6) within five years prior to the license application, b The City Council may allow a person to be eliS]ble to drive a taxicab or issue a license to a person who has been convicted of driving under the influence or a lvin n has successfiillvcompleted a treatment program that .v i X -as. x, 1 the violation occurred five or more years prior to the application, Section 6. The Brooklyn Center City Code is amended by adding a new Section 23 -708: Section 23 -708. INSURANCE REQUIRED. The City will not issue a taxicab license until the an plicant has 'filed with the City Manager's designee an in- ins binder. subject to approval as to form by the City Attorney, that evidences that the owner of the taxicab is insured against clai s demands or losses in the minimum in' r gle accident and at least $300.000 for more thanone i jury or death in a single accident and $25.000 for property dam- age The policy must contain a clause obligating the in- w J -.A a lation. Section 7. The Brooklyn Center City Code is amended by adding a new Section 23 -709: Section 73 709 BUSINESS RECORDS, a, The taxicab comp :.y. owner. or lessee of the vehicle must maintain order slips upon which are recorded all tins requested showing the time and place of origin and the destination of each trip. Order slips must be retained and preserved. in chronological order, in a safe place for at least the calendar near. All order slips must he available to the City b. The taxicab company owner. or lessee of the vehicle but not limited to information on all drivers and vehi- cles. at their designated Place of business. Such busi- ness records must be made available for inspection by the City during reasonable business hours, Section 8. The Brooklyn Center City Code is amended by adding a new Section 23 -710: Section 23 -710. PROCEDURE AT CAB STANDS. Taxicab drivers waiting at a cab stand must allow prospective passengers to freely choose a taxicab. Drivers may not refer or encourage a prospective passenger to a particular taxicab. Section 9. The Brooklyn Center City Code is amended by adding a new Section 23 -711: Section 23 -711. REVOCATION OF LICENSE A taxicab license may be revoked by the Citv Council if the licensee has violated any provisions of this ordi- ta -r.r fe. r. :w w .ti. i in C' et. r• .L the licensee to offer public transportation Section 10. The Brooklyn Center City Code is amended by adding a new Section 23 -712: Section 23-712. PENALTY, u .rci ..r:tionw o la:=- vision of this Ordinance is. upon conviction. guilty of a:mis- The. .al .a •.se for misd s entence of not more than 90 days or a fine of not more than $L000. or both. Section 11. This ordinance shall become effective after adoption and upon thirty (30) days following its legal pub- lication. Adopted this 12th day of July, 2004. Mayor Myrna Kragness ATTEST: City Clerk Sharon Knutson Date of Publication: July 22, 2004. Effective Date; August 21, 2004 (Underline indicates new matter; brackets indicate matter to be deleted.) (July 22, 2004) pl/1'axicab/M.Rosenbaum'