HomeMy WebLinkAboutD-2317-16 Amends Taxicab regulationsSPONSOR(s): Councilors Kimball and Rider
ORDINANCE D-2317-16
VERSION A
AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL, INDIANA,
AMENDING CHAPTER 4, ARTICLE 1, DIVISION 4 OF THE CARMEL CITY CODE
Synopsis: Amends City taxicab and limousine regulations.
WHEREAS, taxi and limousine companies provide an important public service for the citizens of
the City of Carmel (the "City"); and
WHEREAS, the current City ordinance regulating taxi and limousine services has not been
revised since 1987 and contains several antiquated provisions; and
WHEREAS, the City believes it is in the best interests of its citizens to modernize its taxi and
limousine service regulations.
NOW, THEREFORE, IT IS AGREED AND ORDAINED, by the Common Council of the City
of Carmel, Indiana, as follows:
Section 1. The foregoing Recitals are incorporated herein by this reference.
Section 2. Section 4-40 of the City Code should be and the same is hereby amended to read as
follows:
"§ 4-40 Purpose of Division
"This division is adopted for the purpose of preventing the unsafe operation of public vehicles for
hire and for the purpose of preventing unconscionable pricing and customer service practices in
the operation of public vehicles for hire."
Section 3. Section 4-41 of the City Code should be and the same is hereby amended to read as
follows:
"§ 4-41 Consumer Complaints; hearings
Pursuant to IC 36-4-5-5, the Mayor shall have the power to hear complaints against any holder of
a taxicab or limousine license. Complaints shall be in writing and filed with the Clerk -Treasurer,
who shall forward the same to the Mayor for action. Proceedings under this section shall thereafter
be conducted in accordance with IC 36-4-5-5."
Section 4. Section 4-42 of the City Code should be and the same is hereby amended to read as
follows:
Ordinance No. D-2317-16 Version A -Finance & Utilities Committee 8/22/16
Page One of Eight
This Ordinance was prepared by Jon Oberlander, Assistant Carmel City Attorney.
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SPONSOR(s): Councilors Kimball and Rider
"§ 4-42 Definitions.
Limousines shall mean any motor vehicle:
(1) Designed and constructed to accommodate passengers, in the rear seating area of at least
four in number but not more than eight, not including the driver; and
(2) That does not operate over any definite and designated route within the corporate
boundaries of the City and the suburban territory thereof; and
(3) The destination of which is designated by the passenger or passengers; and
(4) Services of which are held out to the general public for hire.
(5) A limousine may be a "classic, luxury, or vintage car," as those terms are commonly used.
Taxicab shall mean any motor vehicle:
(1) Designed and constructed to accommodate and transport passengers, not more than six in
number, not including the driver; and
(2) That does not operate over any definite and designated route within the corporate
boundaries of the City and the suburban territory thereof; and
(3) The destination of which is designated by the passenger or passengers at the time of their
transport; and
(4) The services of which are held out to the public, for hire."
Section 5. Section 4-43 of the City Code should be and the same is hereby amended to read as
follows:
"§ 4-43 License Required.
(a) License required. No person, firm or corporation shall operate, or cause to be operated, a
taxicab or limousine service, offer to transport, or transport any passenger or person for
compensation or as a contractual service, from any location in the City unless licensed pursuant to
this division.
(b) Exceptions. The following vehicles are not considered. taxicabs or limousines pursuant to this
division:
(1) Motor vehicles designed for transportation of the sick, injured or disabled persons, by
vehicles commonly known as ambulances; and
(2) A hearse used by funeral directors in that employment; and
(3) Motor vehicles owned by private or charitable organizations to transport their members,
Ordinance No. D-2317-16 Version A -Finance & Utilities Committee 8/22/16
Page Two of Eight
This Ordinance was prepared by Jon Oberlander, Assistant Carmel City Attorney.
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SPONSOR(s): Councilors Kimball and Rider
or the mentally or physically disabled, without compensation for that transportation; .and
(4) A motor vehicle operated at the direction of a Transportation Network Company as
defined by IC 8-2.1-17-18.
(c) No person, firm, or corporation shall hold more than one license for the organization; however,
each individual employee operating a taxicab or limousine within the city must be registered and
listed on the license."
Section 6. Section 4-44 of the City Code should be and the same is hereby amended to read as
follows:
"§ 4-44 Authority to Issue Taxicab License.
(a) Any person desiring to operate a taxicab or limousine within the city shall apply to the Clerk -Treasurer
of the City for issuance of a taxicab license. Upon receipt of an application for a taxicab license, the Clerk -
Treasurer shall submit the application to the City of Carmel's Board of Public Works and Safety, and the
matter shall appear as an agenda item at a regularly scheduled Board of Public Works meeting.
(b) Following a favorable decision on an application for a taxicab license under subsection (a), the Clerk -
Treasurer shall issue a taxicab license to the applicant. The license shall authorize the holder to operate a
taxicab or limousine service within the City pursuant to the terms of this chapter and to apply for not more
than 30 taxicab driver registrations to be listed and filed as part of the license."
Section 7. Section 4-45 of the City Code should be and the same is hereby amended to read as follows:
"§ 4-45 Review of License Application by the Board of Public Works and Safety.
To obtain a license, the applicant shall demonstrate to the Board of Public Works and Safety at a public
meeting that the applicant and its employees are qualified by training, experience, and financial condition
to operate a taxicab or limousine service within the city."
Section 8. Section 4-46 of the City Code is hereby amended and shall read as follows:
"§ 4-46 Information Provided to Clerk -Treasurer.
(a) Prior to issuance of a taxicab license, an applicant shall submit to the Clerk -Treasurer the following
information:
(1) The number of taxicabs or limousines to be licensed and operated;
(2) A full transcript of the information appearing on the certificate of title of each vehicle to be
operated by applicant, and the state license plate number of each such vehicle;
(3) The insignia, identifying name, and color scheme to be used on the applicant's vehicles;
(4) Proof that the applicant has been registered with the Indiana Secretary of State as a business
authorized to operate in the State of Indiana;
Ordinance No. D-2317-16 Version A -Finance & Utilities Committee 8/22/16
Page Three of Eight
This Ordinance was prepared by Jon Oberlander, Assistant Carmel City Attorney.
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SPONSOR(s): Councilors Kimball and Rider
(5) A current financial statement of the applicant;
(6) The name, address and a copy of the driver's license of every driver operating a taxicab or
limousine under the requested license and a certification that the applicant, if an individual, or the
partners, if applicant is a partnership, or the principals of the corporation, if applicant is a
corporation including all drivers, have never been convicted of a felony, operating a motor vehicle
while intoxicated, reckless driving or domestic abuse;
(7) A copy of the applicant's limited criminal history, which shall be obtained by the applicant
from the Indiana State Police Department. All applications shall be transmitted by the Clerk -
Treasurer to the Carmel Police Department for review;
(8) A certificate from a reputable mechanic's shop that the vehicle used as a taxicab or limousine
is roadworthy and safe for operation as a taxicab or limousine. Taxicabs and limousines must be re-
inspected every three years and the inspection records filed in the Clerk -Treasurer's Office;
(9) A certificate affirming that the applicant will release, hold harmless and indemnify the City for
losses associated with or arising out of the use of the taxi or limousine, including claims that may
be made by third parties against the City; and
(10) Any other information required by the Clerk -Treasurer or Board of Public Works and Safety.
(b) If at any time the information provided in accordance with subsection (a) changes, the holder of the
taxicab license shall submit the revised information to the Clerk -Treasurer's Office in writing within 30
days."
Section 9. Section 4-47 of the City Code should be and the same is hereby amended to read as follows:
"§ 4-47 Licensing Period, Expiration, Renewal and Revocation.
(a) Each license shall be valid for a. period of one year unless sooner revoked pursuant to Carmel City
Code §4-13. Licenses shall be renewable at the option of the Board of Public Works and Safety.
Applications for renewal shall be submitted to the Clerk -Treasurer not less than 30 days prior to expiration.
The renewal application shall then be submitted to the Board of Public Works and Safety for review and
consideration. Renewal licenses shall be granted upon the same terms and conditions as the original
license. It shall be the sole responsibility of the vendor and driver to reapply for a renewal in a timely
manner. The Clerk -Treasurer is not required to notify the vendor or driver prior to expiration of his license
before revocation or refusal to issue a renewal license takes place.
(b) Any vendor making application for renewal may do so by mail; however, it shall not be the
responsibility of the City to ensure that the application for renewal was received and processed. Sole
responsibility for that process will reside with the vendor and/or licensee.
(c) The City may revoke the license of any taxicab or limousine operator found not in compliance with this
division or City ordinances. License revocations may be appealed to the Board of Public Works upon
written request within seven days of the revocation."
Ordinance No. D-2317-16 Version A -Finance & Utilities Committee 8/22/16
Page Four of Eight
This Ordinance was prepared by Jon Oberlander, Assistant Carmel City Attorney.
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SPONSOR(s): Councilors Kimball and Rider
Section 10. Section 4-48 of the City Code should be and the same is hereby amended to read as follows:
"§ 4-48 Fees.
The annual fee for a license required by this division for each taxicab or limousine in use shall be $200.
The fee for each transfer of a license from one vehicle to another shall be $50. The renewal fee for a
license required under this division for each taxicab or limousine shall be $200."
Section 11. Section 4-49 of the City Code should be and the same is hereby amended to read as follows:
"§ 4-49 Record of Calls
All taxicab drivers shall keep and file with the owner a daily record of all calls made, passengers
transported, and the times and places of pick-up and delivery. Such record shall be kept by the owner for a
period of two years, and shall be open to inspection by any police officer upon request."
Section 12. Section 4-50 of the City Code should be and the same is hereby amended to read as follows:
"§ 4-50 Insurance.
(a) No license shall be issued until the applicant has filed with the Clerk -Treasurer an insurance binder
demonstrating that the applicant has sufficient insurance for liability and property damage, in those
amounts provided in this division.
(b) A licensee shall maintain public liability insurance covering each taxicab or limousine to be used by
the applicant in his business, in an amount of at least:
(1) $500,000 per accident for accidental injury or death;
(2) $500,000 per person for accidental injury or death.; and
(3) $100,000 for property damage.
(c) The certificate of insurance shall provide that the city shall receive notice not less than 30 days prior to
cancellation. Failure to comply with this section shall be cause for immediate revocation of the owner's
taxicab license."
Section 13. Section 4-52 of the City Code should be and the same is hereby amended to read as follows:
"§ 4-52 Posting of License, Taximeters, Rates and Charges.
(a) Each licensee shall display at all times in its vehicles, a current license issued by the City authorizing
that licensee to operate within the City limits.
(b) All taxicabs shall be equipped with taximeters which are designed to accurately record time, distance
traveled and fare to be charged. All such devices shall be kept by the owner in good working order, and
shall be subject to inspection by the Chief of Police or his designated representative at any time. It shall be
unlawful for any person to operate a taxicab knowing that the taximeter is inaccurate in any of its functions.
Ordinance No. D-2317-16 Version A -Finance & Utilities Committee 8/22/16
Page Five of Eight
This Ordinance was prepared by Jon Oberlander, Assistant Carmel City Attorney.
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SPONSOR(s): Councilors Kimball and Rider
(c) No person owning, operating, or controlling a taxicab shall charge other than the schedule of rates at
the time authorized by ordinance. A schedule of rates shall be posted in plain view of passengers in each
taxicab at all times.
(d) If more than one person occupies or engages a taxicab for a common route or destination, or by time,
the operator may make a charge of $.50 for each extra person who has attained the age of two years. No
person operating a taxicab shall carry any other passenger after the taxicab has been engaged or occupied
by a passenger, without obtaining the consent of the prior passenger.
(e) When a taxicab arrives at the place to which it has been called by a passenger, the driver shall give
notice of his arrival to such person and for the first three minutes following notice there shall be no time
charge for waiting, but for any waiting time thereafter, either at the place of call or en route to the
passenger's destination, the waiting charge authorized by the current schedule shall be paid. However, no
waiting time shall be charged in any case where it is caused by the premature arrival of the driver at the,
place of call, or where delays occur en route due to the condition of the taxicab or the driver.
(f) No person who requests and receives transportation in any taxicab shall fail or refuse to pay the proper
fare or charge authorized by this section.
(g) If demanded by the passenger, the driver of a taxicab shall deliver to the passenger at the time of
payment a signed receipt on a form showing the driver's name and taxicab number, together with the
distance or time, or both, for which the charge is made, the total amount paid and by whom, and the date of
payment.
(h) The charge for taxicab services shall be filed in the office of the Controller and shall be available for
public inspection during regular business hours. Any change proposed shall not take effect until at least a
two-week public notice has been given of said proposed change by posting and publication in accordance
with IC 5-3-1, as amended. Such notice shall additionally inform the public of their right to file written
opposition to said fare increase with the Controller, who may submit the matter to the city the Council for
review.
(i) Each passenger shall be permitted to carry in the vehicle with him/her his/her personal baggage
weighing not over 70 pounds without extra charge."
Section 14. Section 4-53 of the City Code should be and the same is hereby amended to read as follows:
"§ 4-53 Employment of Drivers.
(a) Age requirement. No person under the age of 18 years shall be permitted to operate any taxicab or
limousine on any street of the City.
(b) License required. Persons operating a taxicab or limousine within the city shall hold a valid, current
Public Passenger Chauffeur's License issued by the Bureau of Motor Vehicles of the State of Indiana.
(c) Application procedure. Each licensee shall submit an application for each driver who will operate a
taxicab or limousine within the Carmel City limits to the Office of the Clerk -Treasurer. The written
information contained in said application shall include the following:
Ordinance No. D-2317-16 Version A -Finance & Utilities Committee 8/22/16
Page Six of Eight
This Ordinance was prepared by Jon Oberlander, Assistant Carmel City Attorney.
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SPONSOR(s): Councilors Kimball and Rider
(1) Name, address and date of birth of the driver;
(2) Whether or not the driver has been convicted of any felony, the offense of operating a motor
vehicle while intoxicated, or reckless driving, domestic abuse and/or if the driver's license has ever
been revoked, suspended, canceled or seized by any State agency.
(3) A copy of the applicant driver's limited criminal history, which the applicant/driver shall
obtain from the Indiana State Police Department.
(4) A copy of the applicant drivers', Indiana driving record abstract, which the applicant/driver
shall obtain from the Indiana Bureau of Motor Vehicles.
(5) Such other information as the Clerk- Treasurer shall deem necessary.
(6) All applications shall be transmitted by the Clerk -Treasurer to the Cannel Police Department
for review.
(7) The Clerk -Treasurer shall be entitled to collect a fee of $25 for each approved driver's license
application submitted.
(d) Display of license. Each driver licensed by the City shall display his license in his taxicab or limousine
in a prominent place located on the dash board.
(e) Licensing procedure. Each applicant for a taxicab or limousine driver's license shall submit an
application to the Clerk -Treasurer, along with all required fees and other required items. The Clerk -
Treasurer shall be empowered to determine, regarding driver's license applicants, whether or not a license
shall be issued to an applicant. If the driver's license applicant wishes to appeal a denial of license he may
do so to the Board of Public Works."
Section 15. Section 4-55 of the City Code should be and the same is hereby amended to read as follows:
"§ 4-55 Penalty.
Any person, corporation, partnership, licensee, applicant or driver who violates any provision of this
division shall be subject to a fine of not less than $100 up to a maximum of $2,500 per violation. A separate
offense shall be deemed committed on each day that a violation occurs or continues to exist."
Section 16. All other current provisions of City Code Chapter 4, Article 1, Division IV shall
remain in full force and effect and are not affected by this Ordinance.
Section 17. If any portion of this Ordinance is for any reason declared to be unconstitutional or
invalid, such decision shall not affect the validity of the remaining portions of this Ordinance so long as
enforcement of same can be given the same effect.
Section 18. This Ordinance shall be in full force and effect from and after its passage and signing
by the Mayor and such publication as is required by law.
Ordinance No. D-2317-16 Version A -Finance & Utilities Committee 8/22/16
Page Seven of Eight
This Ordinance was prepared by Jon Oberlander, Assistant Carmel City Attorney.
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SPONSOR(s): Councilors Kimball and Rider
PASSED by the Common Council of the City of Carmel, Indiana, this day of �
2016, by a vote of I_ ayes and --a nays.
COMMON COUNCIL FOR THE CjTY O ARM
Ronald E..earter, President Kevin D. Rider
Sue i am, I-Pr-d"sident
\'Zel
Laura D. Campbell
H. Bruce Kimball
Carol Schleif
cdff2e�xw
Je 1
Christine S. Pau y, Clerk -Treasurer
U
Pryby mei to the Mayor of the City of Carm , Indi his'T
�- 2016, atM.
S. Pauley, 9,6rk-Treasurer
v
Approve by me, Mayor of the City of Carmel, Indiana, this T day of
? 2016, at 3 _?.M.
39—mes Brainard, Mayor
Ordinance No. D-2317-16 Version A -Finance & Utilities Committee 8/22/16
Page Eight of Eight
This Ordinance was prepared by Jon Oberlander, Assistant Carmel City Attorney.
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