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HomeMy WebLinkAboutD-512 Taxi/Limo Regulations ORDINANCE D 512 AN ORDINANCE REGULATING TAXICABS AND LIMOUSINES WHEREAS, the Common Council of the City of Carmel, Indiana, has determined that the services of persons, firms or other enti ties who hold themselves out for the public hire of taxicabs and limousines should be regulated; and WHEREAS, in order to protect the citizens and visitors to the City of Carmel, Indiana~ it is in their best interest that taxi- cabs and limousines be regulated and licensed; NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of Carmel, Indiana, as follows: SECTION I, GENERAL PROVISIONS: A. Definitions: 1) Taxicab shall mean any motor vehicle: a) Designed and constructed to accommodate and transport passengers, not more than six (6) in number, not including the driver; and b) That does not operate over any definite and. designated route within the corporate boundaries of the City of Carmel and the suburban territory thereof; and c) The destination of which is designated by the passenger or passengers at the time of their transport; and d) The services of which are held out to the public, for hire. 2) 2) Limousines shall mean any motor vehicle: a) Designed and constructed to accommodate passengers, in the rear seating area of at least four (4) in number but not more than eight (8), not including the driver; and b) That does not operate over any definite and designated route within the corporate boundaries of the City of Carmel and the suburban territory thereof; and c) The destination of which is designated by the passenger or passengers; and d) Services of which are held out to the general public for hire. e) A Limousine may be a "classic, luxury, those terms are commonly used. License required: or vintage car", as No person shall operate a taxicab or limousine/ offer to transport, or transport any passenger or person for compen- sation or as a contractual service, from any location in the City of Carmel, Indiana, unless licensed pursuant to this ordinance. Exceptions: The following vehicles are not considered taxicabs or limousines pursuant to this ordinance: a) Motor vehicles designed for transportation of the sick, injured or disabled persons, by vehicles commonly known as ambulances; and --2-- b) A hearse used by funeral directors in that employment; and c) Motor vehicles owned by private or charitable organizations to transport their members, or the mentally or physically disabled, without compensation for that transportation. SECTION II, LICENSING PROCEDURE: ae Authority to issue: a) The Clerk-Treasurer of the City of Carmel, is authorized to issue licenses for the public transportation of passengers for hire of motor vehicles, as defined herein. These licenses shall be taxicab or Limousines licenses. Application: a) A written application for a license authorized by this ordi- nance shall be made and signed by the owner, general partner(s), or corporate president as the case may be, of 'the business to be licensed. b) In addition to any other requirements imposed by this ordi- nance, all applications shall be on a form provided by the Clerk-Treasurer and contain the following information: 1. The number of taxicabs or limousines to be operated by the applicant. 2. The manufacturer's vehicle identification number, seating capacity of the vehicle, the year of manufacture of the vehicle, and the current Indiana license plate number for each vehicle to be operated by the appli- cant. --3-- 3. The applicant shall state whether a color scheme or tra- demark is to be designated on the vehicle and if so of what that consists. 4. Whether or not the vehicle will contain advertising and where. 5. A current financial statement of the applicant. 6. Whether the applicant, has drivers, and in the case of a partnership or corporation, the partners or officers and directors of the corporation, have ever been convicted of any felony, operating a motor vehicle while intoxi- cated, or reckless driving. 7. All applications submitted to the office of the Clerk-Treasurer shall be transmitted by the Clerk- Treasurer to the Carmel Police Department for a crimi- nal records review of the applicant(s) and drivers. 8. Any other information required by the Clerk-Treasurer, or Carmel Common Council. Vehicle Service Life: a) In the case of taxicabs, no license shall be issued to any applicant for a taxicab placed in service after the third model year and shall not be issued to any taxicab in operation by any applicant more than the sixth model year of its construction; and which does not have the following: four (4) doors, a rigid roof, a rear trunk, a rear seat designed to seat three (3) persons comfor- --4-- De tably, a taxicab may have attached an advertising frame or construction on the body of the vehicle which would not be a hazard to pedestrians, vehiclular traffic, or in any way restrict the vision of the driver of the vehicle. b) In the case of limousines, no license shall be issued to any applicant for a limosine placed in service after the sixth model year of its construction, other than a vin- tage, luxury, or a classic car as contemplated under this ordinance. Fees: The annual fee for a license required by this Ordinance for each taxicab or limousine, used in the business, shall be $25.00 the fee for each transfer of a license from one vehicle to another shall be the sum of $10.00, the renewal fee for a license required under this ordinance for each taxicab or limousine, shall be $25.00~~~~ The term "annual" for purposes of this ordinance, shall mean ~5~0~--pr~Kate~k -5- SECTION III, OFFICE LOCATION: A. Each licensee shall maintain a dispatch office within the City limits of Carmel, in an area properly zoned for such office. B. Removal of the dispatch office from the City limits of Carmel, unless otherwise approved by the Carmel Common Council, shall result in the immediate revocation of all licenses granted to the licensee, and its drivers. SECTION IV, 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 liabi- lity and property damage, in those amounts provided in this ordinance. 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) Taxis only: Five Hundred Thousand Dollars ($500,000.00) single limit liability insurance for personal injury; 2) Limousines only: One Million Dollars (1,000,000.00) single limit liability insurance for personal injury. 3) For both: One Hundred Thousand Dollars ($100,000.00) single --6-- event liability insurance for property damage. C. The Insurance policies required herein must contain an endorsement that cancellation of the policy, by the issuer, may be effected only upon thirty (30) days writ- ten notice by insurer to the Clerk-Treasurer of the City of Carmel, Indiana, of the insurers intention to ter- minate the policy. SECTION V, LICENSING PERIOD, RENEWALS AND TRANSFERS: A. Ail licenses issued pursuant to the terms of this ordinance, shall be for a period of one (1) year. B. Renewal: Any licensee who is not in violation of this, or any other City ordinance, shall be entitled to a renewal license for each taxicab or limousine for the following year, provided all fees required documents and insurance binders are properly filed in the office of the Clerk-Treasurer. C. Transferrability: The Licensee may, for good cause shown, transfer a license from one vehicle to another, owned by the licensee. A written petition on a form, provided by the office of the Clerk-Treasurer, shall be submitted to the Clerk-Treasurer and all appropriate documents filed as to the proposed new vehicle. A transfer does not operate as a renewal of a license. SECTION VI, REVIEW OF LICENSE APPLICATION BY THE COMMON COUNCIL: A. Upon approval by the Clerk-Treasurer of an Applicants appli- cation, renewal application or petition to transfer, a hearing shall be scheduled before the Common Council for final approval of the applicant's license. No hearing shall be scheduled before the Common Council, until the Clerk-Treasurer certifies that all required docu- ments have been filed with that office. After a hearing before the Common Council, it shall make a finding and instruct the Clerk-Treasurer to act in accordance with its finding. If the finding is favorable, an applicant shall be entitled to receive the appropriate license within ten (10) days of the notification by the Clerk-Treasurer. SECTION VI, POSTING OF LICENSE, RATES AND CHARGES; COLOR SCHEME AND ADVERTISING; A. Each licensee shall display at all times in its vehicle, a current license issued by the office of the Clerk-Treasurer authorizing that licensee to operate within the City limits of Carmel,Indiana. B. Rates and Charges: Each licensee under this ordinance shall file with the Clerk-Treasuer a copy of that licensee's current fare schedule, which shall be open to the public and exhibit all rates and charges which the licensee has established and requires as payment for any of its services. It shall be unlawfull for any licensee to charge or to permit to be charged a fare greater than is specified in its rate --8-- schedule. A fare schedule may only be changed upon thirty days (30) written notice to the Clerk-Treasurer. All licensees shall display their rates in a prominent place within each licensed vehicle. Color Scheme: 1) The Business name and color scheme to be used by each licensee under this section shall not be similar to one being used by another licensee, nor shall any name or color scheme in any way tend to deceive the public as to the identity of the licensee. For purposes of this section, the licensee which has been using a particular name or color scheme for the longest continuous period of time shall be entitled to continue to use it, without infringement. The unlawfull or improper intrusion by any other licensee upon the business name~ similarity in business namer or vehicle color, shall~ subject said licensee to an immediate revocaton of his license~ after a hearing before the Common Council. 2) Not withstanding the foregoing, every taxicab licensee shall have the name of the Cab Company, as the name is known in the community and disclosed on its application, printed in easy to read letters on the side of each taxicab. De Advertising: Commercial advertising may be permitted on placards located on the rear or top of each licensed taxicab. No placards shall be placed on the taxicab in such manner as --9-- to hinder, block, or obscure the vision of the driver of the taxicab or any other vehicle. It is the intention of this pro- vision to permit a licensee to provide commercial advertising for commercial enterprises regarding subjects not contrary to the peace, dignity or public good. Further, that this adver- tising provision is not intended to fall within nor be controlled by any relevant provision of the Carmel sign ordinance, as to taxicabs only. SECTION VII, MISCELLANEOUS PROVISIONS: A. Taxicab stands: Upon written request, by a licensee, the Common Council may, after a hearing before it, designate certain areas within the City of Carmel, as regular parking space for taxicabs, and it may prescribe rules for the usage of said stands suitable to the applicants business and in conformance with the public convenience and welfare. B. Employment of drivers: 1) No person under the age of eighteen (18) years of age, shall be permitted to operate, by any licensee, any taxicab or limo- usine on any street of the City of Carmel. 2) All drivers shall be licensed in conformance with this ordi- nance,and State statute. It shall be a violation for any licensee to permit an unlicensed driver to operate a cab within the Carmel City limits. 3) Each licensee, shall submit an application for each driver who will operate a taxicab or limousine within the Carmel City -10- 4) limits, on a written form, provided by the office of the Clerk-Treasurer. The written information contained in said application shall provide as follows: a) Name, address, and age, Social Security Number and date of birth of the proposed driver; b) Whether or not the driver has been convicted of any felony, the offense of operating a motor vehicle while intoxicated or reckless driving, or if his/her drivers license has ever been revoked, suspended, cancelled or seized by any State Agency. c) The application shall be submitted to the Carmel Police Department for a criminal record and driving record check. Any unexplained, discrepancy between the information sub- mitted by the driver and that found by the Carmel Police Department or office of the Clerk-Treasurer may result in an immediate denial of the applicants license. d) That each applicant shall be subjected to a crimial records check by the Carmel Police Department. e) Such other information as the Clerk-Treasurer shall deem necessary. f) That the Clerk-Treasurer shall be entitled to collect a fee of six (6) dollars, for each drivers license applica- tion submitted. Each driver, licensed by the City of Carmel shall display in his cab, during those hours in which he is operating the cab, -11- 5) 6) his license the cab. Every licensed driver shall be hygienically, and neat in appearance and suitably dressed. in a prominent place located on the dash board of well groomed, Male drivers should be clean shaven and hair neatly trimed. If a beard or mustache is worn, it shall be well groomed and neatly trimed at all times in order not to present a ragged appearance. The term "suitably dressed" to mean the driver, if male, shall wear socks, and appropriate outer garments. shall be interpreted trousers, shoes and The female may wear, as an outer garment(s) a shirt with collar, blouse, or sweater together with slacks or skirt, shoes and socks or hose. The following articles of clothing are considered inappropriate and are not permitted when the driver, male or female, is in charge of a licensed cab: T shirts, underware, tank tops, body shirts, swimwear, jogging suits, or similar types of attire when worn as outer garments together with cut-offs, shorts or trunks. Each licensed driver shall be entitled, upon payment of a six ($6.00) dollar renewal fee to have their 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. The time for renewal shall be annually at same time as the taxi cab license is due. -12- SECTION VIII, PENALTY: Any person, corporation, partnership, licensee, applicant, or driver who violates any provision of this ordinance shall be subject to a fine of not more than $100.00 per viola- tion. A seperate offense shall be deemed committed on each day that a violation occurs or continues to exist. It shall be sufficient grounds for the immediate revocation of the licensee's license if a violation continues for more than ten (10) days after written or hand delivered notice of the violation is provided to the licensee, person, corporation, partnershipv applicant or driver. SECTION IX SEVERABILITY: 1. Should any provision, section, paragraph, sion, be given this ordinance. 2. This ordinance sentence, clause or other portion of this ordinance be declared by any Court of compentant jurisdiction to be invalid for any reason, the remaining provisions shall not be effected, if said remain -lng provisions can, without the invalid portion or provi- the effect intended by the council in adopting shall superceed and rendered void Ordinance D236 entitled An Ordinance Regulating Taxicabs. SECTION X EMERGENCIES: 3. That an emergency exist and this Ordinance shall be in full force and in effect upon its passage. -13- Passed by the Common Council of the City of Carmel, Indiana, on this ~ day of ATTESTATION: , 1987. COMMON COUNCIL FOR THE CITY OF CARMEL, INDIANA APPROVED: City of Carmel UNE A.--REIMAN%, Mayor ATTESTATION: DOROTHY J. q{ANCOCK ,?HY J. aAN Clerk-Treasurer -14-