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HomeMy WebLinkAbout1974-23 09-09 CCO CITY OF BROOKLYN CENTER . ORDINANCE NO. 74 -23 AN ORDINANCE AMENDING CHAPTER 21 REGARDING THE LICENSING AND REGULATION OF TAXICABS THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER DOES ORDAIN AS FOLLOWS: Section l: Chapter 21 of the City Ordinances is hereby amended by the repeal of the following: [Section 21 -101. DEFINITIONS. Unless otherwise expressly stated, whenever used in this ordinance, the following words shall have the meaning given to them by this section: (a) The word "taxicab" shall mean and include any motor vehicle engaged in the carrying of persons for hire, whether over a fixed route or not, and whether the same be operated from a street stand or subject to calls from a garage, or otherwise operated for hire; but the term shall not include vehicles subject to control and regulation by the Railroad and Warehouse Commission or vehicles regularly used by undertakers in carrying on their business. (b) The word "street" shall mean and include any street, alley, avenue, court, bridge, lane or public place in the City of Brooklyn Center. (c) The words "taxicab driver" shall mean and include any person who drives a taxicab, whether such person be the owner of such taxicab or be employed by a taxicab owner or operator. (d) The word "operator" shall mean and include any person owning or having control of the use of one or more taxicabs used for hire upon the streets or engaged in the business of operating a taxicab within the City. (e) The word "person" shall mean and include one or more persons of either sex, natural persons, corporation, partnerships, and associations.] Section 21 -102 E operator shall [ LICENSE REQUIRED. No ope operate a p taxicab within the City limits without first having obtained a taxicab license • therefor under the provisions of this ordinance. Ordinance No 74 -23 E 11 apply to the City Clerk for Each applicant for a taxicab license sha pp y y such license upon a form to be provided by the City, and must comply with the following provisions to the satisfaction of the City Council. (a) Be a citizen of the United States. (b) Be of the age of eighteen (18) years or over if a natural } person, and in the case of any co- partnership, firm or corporation, must be authorized to operate taxicabs and carry on business in accordance with the laws of the State of Minnesota. (c) Must fill out upon the blank form provided by the Village a statement covering each vehicle to be so licensed, giving the full name and address of the owner; the class and passenger- carrying capacity of each vehicle for which a license is desired; the length of time the vehicle has been in use; the make of car; the engine number; the serial number and the state license number; whether the same is mortgaged, the name of the mortgagee and the amount of said mortgage; also the holder of legal title to said motor vehicle if other than the applicant; or whether said vehicle • is leased, licensed, or under any form of contract permitted to be used and operated by some other person than the one holding legal title thereto, what person, firm or corporation collects the revenues from the operation of said taxicab and pays the expenses of operating the same, the amount of liability insurance carried and the schedule of rates to be charged. If said application is made by an individual owner, it shall be signed and sworn to by such owner, if it is by a partnership, then it shall be signed and sworn to by one of the partners; and if by a corporation, then by one of the duly elected officials of said corporation.] [Section 21 -103. TAXICAB FEE. The applicant applying for a taxicab license shall, before being issued said license, pay into the Village treasury the sum of ten ($10) dollars for each and every vehicle to be so licensed; provided, that if 'the said license is denied for any reason, the aforesaid fee or fees shall forthwith be returned to the applicant. Any license may be transferred during any year only upon the additional payment of a proportional part of the fee by the transferee in addition to the regular fee paid by the transferor when the license was issued, and upon approval of the Village Council of such transfer.] Ordinance No. 74 -23 • [Section 21 -104. EXAMINATION OF TAXICABS. The council shall cause the Village marshal or some other employee on behalf of the Village to examine thoroughly and carefully each taxicab before a license is granted to operate the same. No taxicab shall be licensed which does not comply with the following: (a) It must be in a thoroughly safe condition for the transportation of passengers. (b) It must be clean and of good appearance and well painted and varnished. Such other examinations and tests of licensed taxicabs may be ordered by the Council from time to time as it may deem advisable.] [Section 21 -105. GRANTING LICENSE. If the Village Council is satisfied that the public convenience and good order will be served thereby, it may grant a number and shall give the number and an adequate description of the taxicabs licensed thereunder.] [Section 21 -106. DISPLAY OF LICENSES AND MARKINGS. The . operator of every taxicab shall display in a conspicuous place on the inside of the taxicab a copy of the license issued for said 'taxicab. In the event a license is issued covering more than one vehicle, sufficient copies of said license shall be provided to the licensee for each of the vehicles covered. Every taxicab which shall solicit or accept business on the streets of this municipality, or stand or wait for hire shall have some designation of the character of the vehicle painted in plain visible letters on each side thereof. Every driver of such taxicab shall wear on his cap or hat a metal plate bearing the words "Licensed Taxicab" printed in letters at least one -half (1/2) inch in height.] [Section 21 -107. TAXICAB CARDS. The operator of any taxicab shall cause to be printed in plain, legible letters, displayed inside the taxicab, a card giving the maximum rates of fare to be charged, and a statement that any package or article left in the taxicab must be returned by the taxicab driver to the Village office, where it may be identified and claimed. The card shall also contain the statement, "Ask the Driver for Bill and Receipt" in bold type . ] Ordinance No. 74 -23 [Section 21 -108. RATES. No operator or taxicab driver shall charge any passenger a rate in excess of the rate approved by the Village Council. Every passenger shall receive a receipt therefor when he pays his fare.] [Section 21 -109. TAXICAB DRIVERS. No person, either the operator or employee of such operator, shall drive a taxicab in this Village without first having been licensed as a chauffeur under the General Statutes of Minnesota and every driver shall display such chauffeur's license badge conspicuously upon his coat or cap as therein provided.] [Section 21 -110. INSURANCE POLICIES. Before a license shall be delivered to any operator he shall deposit with the Village Clerk the policy or policies of insurance with company or companies duly licensed to transact such business in this state, insuring the operator of any taxicab to be licensed against loss from the liability imposed by law for damages on account of bodily injuries or death, or for damages to property resulting from the ownership, maintenance or use of any taxicab to be owned or operated under such license, and agreeing to pay any judgment creditor to the extent of the amounts specified in such policy, any final judgment rendered against the assured by reason of such liability. The policy or policies shall be approved by the City attorney as to form and compliance with this ordinance. The limit in any such insurance policy of such liability of the insurer on account of the ownership, maintenance and • use of such taxicab shall not be less than $25,000 for bodily injuries to or death of one person and $50,000 on account of any accident resulting in injuries to and /or death of more than one person, and a total of $5,000 liability for damage to property of others, arising out of any one accident.] [Section 21 -111. MISCELLANEOUS. (a) All taxicab drivers shall be clean and courteous at all times. (b) No driver of any licensed taxicab shall carry any other than the passenger first employing a taxicab without the consent of such passenger. (c) No person shall charge or attempt to charge any passenger a greater rate of fare than that to which the taxicab is entitled under the resolution of the council. (d) No taxicab driver shall deceive any passenger who may ride with him, or who may desire to ride in any such vehicle, as to his destination or distance traveled or to be traveled.] • Ordinance No. 74 -23 [Section 21 -112. SEPARABILITY. Every section, provision or part of this ordinance is declared separable from every other section, provision or part; and if any section, provision or part of any ordinance shall be held invalid, it shall not affect any other section, provision or part thereof.] [Section 21 -113. PENALTY. Any person violating the provisions of this ordinance shall be guilty of a misdemeanor and shall upon conviction thereof be punished by a fine of not more than three hundred ($300) dollars and by imprisonment not to exceed ninety (90) days.] Section 2: Chapter 21 of the City Ordinances is hereby amended by the addition of the following: Section 21 -101. DEFINITIONS. Unless otherwise expressly stated, whenever used in this ordinance. the followina words shall have the followinq meanings: Taxicabs shall mean and include any motor vehicle engaged in the carrvina of persons for hire, whether over a fixed route or not, and whether the same is operated from a street stand or subiect to calls from a aaraae . or otherwise operated for hire; but the term shall not include vehicles subiect to control and regulation by the Minnesota Public Service Commission. Street shall mean and include any hiahwav, , street, alley, avenue, court, or lane in the City of Brooklyn Center. Taxicab drivers shall mean and include any person who drives a taxicab. whether such person be the owner of the taxicab or employed by a taxicab owner. Operator shall mean and include any person owning or directinq the use of one or more taxicabs used for hire upon the streets of Brooklyn Center. Persons shall mean and include an individual, firm, partnership, association, corporation, or anv similar organization. Taximeter shall mean a meter instrument or device contained in and attached to a taxicab which measures mechanically the distance driven and the waiting time upon which a fare is based. Section 21 -102. LICENSE REQUIRED. No person shall operate or permit a taxicab owned or controlled by him to be operated as a vehicle for hire upon the streets of the City of Brooklyn Center without first having obtained a taxicab Ordinance No. 74 -23 li ens e. Provided, however, that any taxicab licensed to operate in any other municipality of this State may carry passengers from said municipality where so licensed to any place or point within the City of Brooklyn Center and may receive passengers for carriage to such municipality where so licensed; but owners and drivers of such vehicles shall not be permitted to solicit business in the City of Brooklyn Center or otherwise operate a taxicab on the streets of Brooklyn Center without being licensed under the provisions of this ordinance. Each applicant for a taxicab license shall apply to the City Clerk for such license and must be at least eighteen years of age, must conform to applicable laws of Minnesota, and must furnish to the City Clerk information covering each vehicle to be so licensed, giving the full name and address of the owner, the class and passenger- carrying capacity of each vehicle, the mileage and length of time a respective vehicle has been in use, the make of vehicle, the vehicle registration number, and such other information as the City Clerk may require. Section 21 -103. INSURANCE POLICIES. Before a license shall be issued 'to any operator he shall deposit with the City Clerk certificates of insurance issued by a company duly licensed to transact such business in Minnesota. Such insurance shall insure the taxicab owner and driver against loss from liability for damages on account of bodily injuries or death, or for damages to property resulting from the ownership, maintenance, or use of any taxicab • to be licensed, and agreeing to pay any judgment creditor to the extent of the amounts specified in such policy. The limit in any such insurance policy shall be not less than $100,000 for bodily injuries to or death of one person, $300,000 on account of any accident resulting in injuries to and /or death of more than one person at a total of $50,000 liability for damage to property of others, rising out of any one accident. Section 21 -104. TAXICAB FEE. The applicant applying for a taxicab license shall pay an annual license fee of $25 for each vehicle to be so licensed. Section 21 -105. EXAMINATION OF TAXICABS. Prior to the use and operation of any vehicle as a taxicab under the provisions of this ordinance, said vehicle shall comply with rules and regulations prescribed in this ordinance. Licensed vehicles may from time to time be subject to inspection by the Police Depart- ment upon reasonable notice. Taxicabs must be in a thoroughly safe condition and must be clean, sanitary and of good appearance. Section 21 -106. DISPLAY OF LICENSES AND MARKINGS. The operator of every taxicab shall display in a conspicuous place on the inside of the taxicab a copy of the license issued for said taxicab. In the event a .license is issued covering more than one vehicle, sufficient copies of said license shall be pro- vided to the licensee for each of the vehicles covered. Ordinance No. 74 -23 Every taxicab solicitinq or acceptina business on the streets of Brooklvn Center shall have some desiqnation of 'the character of the vehicle painted in. plain visible letters thereon. Section 21 -107. TAXIMETER REOUIRED. All taxicabs operated under the authoritv of this ordinance shall be eauimoed with taximeters fastened in front of the passengers, visible and readable to them at all times of day and niaht. The taximeter shall be operated mechanically by a mechan of standard design and construction, driven either from the transmission or from one of the front wheels by a flexible and permanently attached drivina mechanism. Taximeters shall be sealed at all points and connections to prevent manipulation which would affect recording and readi reliability. The tax m.et?r sh.a,ll have thereon a flaa to denote when the vehicle is empl and when i t is not emploved . and it shall be the dutv of the driver to throw the fla_ a of such taximeter into a non - recording position at the termination of e ach fa re trip. T aximeters shall be subiect to inspection from time to time by the Police Department. Up on discovery of in- accurate taximeter operation the licensee shall be ordered to cease operation until the taximeter is repaired and approved to res urnp, operations upon Brooklvn Center streets. Section 21 -108. RATES. Every taxicab operated under this ordinance shall displav in view of all passengers a rate card settina forth the authorized rates of fare. Rates charged may not exceed taxicab rates which are lawful in the Citv of Minneapolis. The driver of anv taxicab shall. upon demand by the passenger, render to such oassenaer a receipt for the amount charged, either by a mechanically printed receipt or by a specially prepared receipt on which shall be the name of the owner, license_ ni_zmber. amount of meter readinq or charges, and date of transaction. Section 21 -109. TAXICAB DRIVER'S LICENSE. No person shall drive a taxicab in the Citv of Brooklvn Center unless said person possesses the appro- priate license or licenses required under the provisions of Minnesota law. Said license or licenses shall be displaved in full view of all passengers while such driver is operating a taxicab. Section 21 -110. SEPARABILITY. Every section. provision or part of this ordinance is de clared separable from every ot section, provision, or part and if anv section, provision. or part shall be _held invalid, it shall not affect anv other section, provision, or part thereof. Section 21 -111. PENALTIES. Anv person violatina the provisions of this ordinance shall be auiltv of a misdemeanor and shall upon conviction thereof be punished by a fine o` not more than three hundred ($300) dollars and by imprisonment not to exceed ninetv (90) days. • Ordinance No. 74 -23 Section 3: This ordinance shall become effective after adoption and upon thirty (30) days following its legal publication. Adopted this 9th day of September 19 74 . Mayor ATTEST: �`'Clerk Published in the official newspaper August 15, 1974 Effective date September 14, 1974 (Brackets indicate matter to be deleted, underline indicates new matter.) • • 1