Loading...
HomeMy WebLinkAbout2004-15 07-12 CCOCITY OF BROOKLYN CENTER Notice is hereby given that a public hearing will be held on the 12 day of July 2004 at 7:00 p.m. at City Hall, 6301 Shingle Creek Parkway, to consider an ordinance relating to the licensing of taxicabs. Auxiliary aids for handicapped persons are available upon request at least 96 hours in advance. Please notify the Deputy City Clerk at 763 -569 -3300 to make arrangements. 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 o erated [a taxicab] within the City of Brooklyn Center without [displaying a.. 'valid tax ica lls4ri pit decal duty issued b the Metropolitan ykirpoils Commission s.l d with t t the. re uiret71L1 "1 S 01 said issuing authority (and :iroChi an proof "i ieo regal' qualifications, irist,tr 1r.c vehicle safety, and -cil ilsstElns] 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. c. A license is not required for taxicab owners and operators participating in the Sober Cab program. This exception applies when the following conditions are met: 1. The taxicab is picking up the customer at an on -sale liquor establishment within the City; 2. The on -sale liquor establishment placed the call for service to the taxicab; and 3. The fee for the service is paid by the liquor establishment, by a third party as part of a City or area wide sober cab promotion, or the sevice is provided voluntarily by the taxicab owner or operator. ORDINANCE NO. 2004 -15 Section 2. Brooklyn Center City Code Section 23 -703 is amended as follows: Section 23 -703. [TAXICAB •V APPLICATION. C. Section 23 -704. ?1;SK:3N 'FIG I VEHICLE REQUIREMENTS. [14ach d to g i r this S n shall be r vehicle si .m s shall be 3 the exterior el Section 3. Brooklyn Center City Code Section 23 -704 is amended as follows: LICENSE 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 questions and provide all information required on the application form. An application by a business organization may cover more than one taxicab and more than one driver. b. Before a licensee may use a new vehicle or a new driver, the licensee must file a new or revised license application with all of the information required of vehicles and drivers in an original application. c. The City may conduct any and all necessary investigations to verify the information on the application, including a criminal history and driver's license history inquiry on the applicant or any driver. d. License renewal applications must include all of the information required in an original application. a. Prior to operation in the City, each taxicab must meet the following requirements: 1. Be marked to clearly identify the name of the business or company, the business or company telephone number, the cab number and rates. The design of the marking must be approved by the City Manager's designee. 2. Be equipped with an accurate, operating meter, and an operating radio or telephone; and ORDINANCE NO. 2004 -15 3. Have passed an inspection at a qualified service station or garage that employs a master ASE (Automotive Service Excellence) Technician. The City reserves the right to examine and inspect taxicabs in City facilities. 4. Be clean, painted, and free from rusted metal and substantial body damage. The vehicle must have no loose hanging metal, body molding or chrome stripping. The vehicle must have all required fenders, 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 REQUIREMENTS. a. An applicant for a taxicab license must: 1. Be the owner or lessee of the vehicle or vehicles for which a license is requested; 2. If an individual, be at least 18 years of age, and if a corporation or association, be properly chartered or authorized to do business as such under state law; and b. All drivers must have a valid State of Minnesota driver's license. Section 5. The Brooklyn Center City Code is amended by adding a new Section 23 -707: Section 23 -707. DISQUALIFICATIONS. a. Except as allowed under Minnesota Statutes, Chapter 364, the following persons are disqualified from obtaining a taxicab license or from driving or operating a taxicab: 1. Persons convicted of a violation of Minnesota Statutes 609.21 (murder, criminal vehicular homicide and injury); 609.223 (assault in the first, second or third degree); 3. Persons convicted of a violation of Minnesota Statutes 609.3451 (criminal sexual conduct); 4. Persons convicted of a violation of 617.23, subdivisions 2 gross misdemeanor indecent exposure); 609.185 to 2. Persons convicted of a violation of Minnesota Statutes 609.221 to 609.342 to or 3 (felony or ORDINANCE NO. 2004 -15 5. Persons convicted of any provision of Minnesota Statutes, Chapter 152 (controlled substances) that is punishable by a maximum sentence of 15 years or more; 6. Persons convicted of any provision of Minnesota Statutes, Chapter 169 or 169A involving driving under the influence, leaving the scene of an accident or reckless or careless driving; 7. Persons who have been adjudged legally incompetent by reason of mental illness, mental deficiency, or inebriety; 8. Persons who have been convicted of a crime of violence or theft, a sex crime, or a crime involving the illegal use of drugs, other than crimes listed in paragraphs (1), (2), (3), (4) or (5); and 9. 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 eligible to drive a taxicab or issue a license to a person who has been convicted of driving under the influence or a crime involving the illegal use of drugs if the person has successfully completed a treatment program that has been approved by the City Manager's designee and 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 applicant has filed with the City Manager's designee an insurance policy, a certificate of insurance or insurance binder, subject to approval as to form by the City Attorney, that evidences that the owner of the taxicab is insured against claims, demands or losses in the minimum amounts of $150,000 for a single injury or death in a single accident and at least $300,000 for more than one injury or death in a single accident and $25,000 for property damage. The policy must contain a clause obligating the insurer to give a 10 -day written notice to the city for cancellation. Section 7. The Brooklyn Center City Code is amended by adding a new Section 23 -709: Section 23 -709. BUSINESS RECORDS. a. The taxicab company, owner, or lessee of the vehicle must maintain order slips upon which are recorded all trips 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 calendaryear. All order slips must be available to the City. ORDINANCE NO. 2004 -15 b. The taxicab company, owner, or lessee of the vehicle must maintain current business records, including, but not limited to information on all drivers and vehicles, at their designated place of business. Such business 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 Cites Council if the licensee has violated any provisions of this ordinance, or state or federal law, which violation, in the City Council's discretion, reflects unfavorably on the fitness of 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. Any person, firm or corporation who violates any provision of this Ordinance is, upon conviction, guilty of a misdemeanor. The penalty that may be imposed for a misdemeanor is a sentence of not more than 90 days or a fine of not more than $1,000, or both. Section 11. This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 12 day of July, 2004. City Clerk Date of Publication: July 22, 2004 Effective Date: August 21, 2004 (Underline indicates new matter; brackets indicate matter to be deleted.)