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HomeMy WebLinkAboutD-1035 Taxi/Limo License ORDINANCE D~s88~s AN ORDINANCE OF COMMON COUNCIL OF THE CITY OF CARPEEL, INDIANA AMENDING THE FOLLOWING CHAPTERS OF THE CARMEL CITY CODE CHAPTER 4, SECTIONS 4 - 4 5, 4 - 4 8, 4 - 5 2, 4 - 5 3 AND THE INCLUSION OF SECTION 4 - 5 5 PERTAINING TO TAXICAB AND LIMOUSINE LICENSING, FEES AND PENALTIES WHEREAS, the City of Carmel has determined that the Ordinance regulating taxicab, limousine, public passenger transportation and driver's licenses does not contain clear and defined revocation and/or refusal to license procedures; and, WHEREAS, the City of Carmel is desirous of giving a clear and defined revocation and/or refusal to license procedure in issuing taxicab, limousine, public passenger transportation and driver's licenses; and, WHEREAS, the City of Carmel is also desirous of amending the cost of the driver's license in order to be compensated in the form of a fair and reasonable fee for issuing a license. NOW, THEREFORE BE IT ORDAINED by the Common Council of the City of Camel, Indiana that Sections 4-45, 4-48, 4-52 and 4-53 of Chapter 4 be amended and to include Section 4-55 to Chapter 4 of the Camel City Code to read as follows: Section 4-45 Fees (b) The term "annual" for the purposes of this Ordinance shall mean for a period of one calendar year. Section 4-48 Licensinq Period, Renewals and Transfers Each license shall be valid for a period of one calendar year. Upon the expiration of the license, the vendor shall either reapply to the Clerk-Treasurer or cease its activity. It shall be the sole responsibility of the vendor and driver to reapply for a renewal in a timely manner and 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 license takes place. Once the vendor and/or driver comes into compliance with all sections of this Ordinance, and all fines and fees are paid, the license may be reissued by the Clerk-Treasurer. 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. Section 4-52 (6) That the Clerk-Treasurer shall be entitled to collect a fee of Twenty-five Dollars ($25.00) in cash, for each approved driver's license application submitted. -2- Section 4 - 52 ( 7 ) That no approved license fee shall be refundable, in part or in full, under any circumstances. Section 4-52 (f) Each licensed driver shall be entitled, upon payment of a Twenty-five dollars ($25.00) renewal fee, to have his/her license renewed so long as said renewal applicant has not had his license revoked, suspended, nor a complaint registered with the City of Carmel as to that license holder. A background check and favorable recommendation from the Carmel Police Department will be required for a renewal. The time for renewal shall' be the first day of January. Section 4-53 Penalty Any person, corporation, partnership, license, applicant or driver who violates any provision of this Ordinance shall be subject to a fine of not less than One Hundred Dollars ($100.00) up to a maximum of Two Thousand Five Hundred Dollars ($2,500.00) per violation. A separate offense shall be deemed committed on each day that a violation occurs or continues to exist. Section 4-55 Revocation or Refusal to License If the Clerk- Treasurer determines the applicant for a license, either for the business or for a driver's permit has caused any of the following, the Clerk-Treasurer shall refuse to issue a license or shall notify the Executive, or his/her designee, to revoke an issued license: (1) Puts false information on the application; (2) Been convicted of a felony or serious misdemeanor amounting to moral turpitude;. (3) Has a criminal driving history involving the offense of operating a motor vehicle while intoxicated or reckless driving or if his/her driver's license has ever been revoked, suspended, canceled olr seized by any City, County or State agency; (4) Violated the restrictions of the license; (5) Failure to display the permit or license; (6) Transfers use of license to any other person; (7) Fails to receive a favorable recommendation for a license by the Carmel Police Department; (8) Receives numerous complaints, in writing or by telephone, from residents and passengers; (9) Failure to make application for renewal of driver's license of receive approval of the City Council for renewal of company license. Notice of revocation shall be made in writing by the Mayor, or his/her designee, and may be served either by registered certified mail or by personally serving the vendor and/or driver with the written notice of revocation. The license shall be removed from the company and/or from the driver at the time notice is served and returned to the Office of the Clerk-Treasurer. Denial or revocation of a license shall entitle the applicant, upon written request within seven (7) days of the issuance of the denial or revocation, to appeal the decision. Procedures for appeal of license revocation are outlined in Chapter 4, Section 4-13 of the Carmel City Code. All prior Ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed. This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor and 30 days after publication in the Noblesville Times and Noblesville Ledger. ATTE S T: Clerk-Trea~'u~ PASSED BY T~E C%~ COUNCIL OF TME CITY OF CARMEL, INDIANA ~ DAY OF ~~ J~, , 1993. Presented by me ~ Mayor of the City of Carmel, Indiana, this , , m.~ ~ day of . 1993 at the hour of ~2; ~D T. E i Johnson, Mayor ATTEST: