Ordinance Amendment Requiring Registration of all Taxicab Drivers with the City ClerkCity of Dubuque
City Council Meeting
Action Items # 03.
Copyrighted
June 20, 2023
ITEM TITLE: Ordinance Amendment Requiring Registration of all Taxicab Drivers with
the City Clerk
SUMMARY: City Clerk recommending City Council adopt the enclosed ordinance
amending Title 4 Business and License Regulations, Chapter 7 Vehicles
for Hire and Public Transportation to require taxicab business owners
register all taxicab drivers with the city clerk.
ORDINANCE Amending City of Dubuque Code of Ordinances Title 4
Business and License Regulations, Chapter 7 Vehicles for Hire and
Public Transportation, Article B Motorized Vehicles for Hire, Section 4-
713-8 Taxicab Business License and Taxicab Driver's Permit
SUGGESTED Suggested Disposition: Receive and File; Motion B; Motion
DISPOSITION:
ATTACHMENTS:
Description Type
Staff Memo Staff Memo
Ordinance Ordinance
Dubuque
City Clerk's Office
THE COF
City Hall
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50 W. 13th Street
(563)5 e, A9-41 52001-4864
(563) 589-4100 office
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(563) 589-0890 fax
ctyclerk@cityofdubuque.org
Masterpiece on the Mississippi
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www.cityofdubuque.org
TO: The Honorable Mayor and City Council Members
FROM: Adrienne N. Breitfelder, City Clerk
SUBJECT: Ordinance Amendment Requiring Registration of all Taxicab Drivers with
the City Clerk
DATE: June 12, 2023
Local taxicab businesses and taxicab drivers are regulated through City of Dubuque Code
of Ordinances Title 4 Chapter 7. §4-7B-8(B)(1) requires that individuals hold a valid
taxicab drivers permit from the City Clerk's Office to drive a taxicab for hire in city limits.
Prerequisites to obtaining a taxicab drivers permit include having a valid driver's license
and undergoing a background check conducted by the Chief of Police. §4-7B-8(B)(2)(c)
specifies the reasons that individuals are ineligible for a taxicab drivers permit, including
being convicted of a felony in the past seven years, being registered on the national sex
offender registry, and being convicted of more than three moving violations in the past
three years.
The City Clerk's Office has been made aware of numerous instances in which an
individual was driving for a local taxicab business without possessing a taxicab drivers
permit. Since applicants are subject to verifications on proper licensing and criminal
records prior to receiving a permit, individuals driving without a permit have not been
subject to those verifications. This is considered a safety issue for residents.
The City Clerk's Office worked with Police Chief Jeremy Jensen and City Attorney Crenna
Brumwell on drafting an ordinance amendment to address this issue. The proposed
ordinance amendment adds a new section requiring taxicab businesses to submit a list
of all drivers employed by the company to the city clerk when obtaining their annual
taxicab business license. After the taxicab business license is obtained, the business
must share all additional drivers with the city clerk prior to the drivers operating a taxicab
after they have obtained their taxicab driver permit. Of note, the City of Cedar Rapids'
Code of Ordinances subjects their taxicab businesses to this requirement. This
requirement holds taxicab businesses accountable for maintaining accurate records on
their drivers and for employing drivers that have obtained the proper permit. Equally
important, this requirement safeguards residents who utilize taxicabs by enabling the city
clerk to better enforce the requirement that drivers obtain a taxicab driver permit.
Additionally, the ordinance amends the language of §4-7B-8(A)(8) to specify that taxicab
businesses must register all vehicles operating as taxicabs with the city clerk prior to the
vehicle serving in that capacity. The ordinance currently specifies a deadline of fourteen
days, but amending this deadline will be consistent with the deadline for providing
information on taxicab drivers.
It is important to note that rideshare companies, such as Uber and Lyft, are required to
follow separate regulations mandated by the state. Rideshare companies are subject to
Chapter 321 N of the Iowa Code. Under this chapter, rideshare companies must obtain a
permit from the Iowa Department of Transportation (DOT) to operate in Iowa.
Prerequisites to obtaining this permit include maintaining driver records and conducting,
or instructing a third part to conduct, a local and national criminal background check on
driver applicants and a search of the national sex offender registry database prior to
contracting a driver for the company. Once a rideshare company's permit is approved,
the company may operate anywhere within the state and is not subject to local regulation.
I respectfully request City Council adopt the enclosed ordinance amending Title 4
Business and License Regulations, Chapter 7 Vehicles for Hire and Public Transportation
to require taxicab business owners register all taxicab drivers with the city clerk.
cc: Michael Van Milligen, City Manager
Crenna Brumwell, City Attorney
Jeremy Jensen, Chief of Police
Pamela McCarron, Permit Clerk
Prepared by: Crenna M. Brumwell, Esq. 300 Main Street Suite 330 Dubuque lA 52001 563 589-4381
ORDINANCE NO. 31-23
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS AND
LICENSE REGULATIONS, CHAPTER 7 VEHICLES FOR HIRE AND PUBLIC
TRANSPORTATION, ARTICLE B MOTORIZED VEHICLES FOR HIRE, SECTION 4-
713-8 TAXICAB BUSINESS LICENSE AND TAXICAB DRIVER'S PERMIT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. Section 4-7B-8 of the City of Dubuque Code of Ordinances is hereby
amended to read as follows:
4-713-8: TAXICAB BUSINESS LICENSE AND TAXICAB DRIVER'S PERMIT:
A. Taxicab Business License Requirements; Insurance, Fees:
1. Taxicab Business License Required: No person may operate a taxicab
alone or as part of a taxicab business without first having obtained a taxicab
business license from the city clerk.
2. Application For Taxicab Business License:
a. An application for a taxicab business license must be filed with the
city clerk's office on a form provided by the city clerk.
b. The chief of police will investigate each applicant for a taxicab
business license and a report of such investigation will be attached to the
application for consideration by the city clerk.
3. Consideration Of Application: The city clerk will, in consultation with the
chief of police and upon consideration of the application and the required reports
attached thereto, approve or reject the application.
4. Insurance Prerequisite To Issuance; Continuance In Effect: The taxicab
business owner must at all times while the license is in effect provide insurance as
required by the city manager.
5. Fees: No taxicab business license will be issued or renewed unless the
holder thereof has paid an annual taxicab business license fee established by the
city manager and an annual vehicle fee established by the city manager for each
vehicle in such taxicab business. Such fees are for one year commencing April 1.
6. Denial, Suspension, Or Revocation Of License:
a. The city clerk may deny, suspend, or revoke issuance of a taxicab
business license for good cause, including, but not limited to, any of the
following:
(1) Violation of any of the provisions of this article;
(2) Discontinuation of operations for more than sixty (60) days;
(3) Violation of any ordinances of the city or laws of the United
States or the state of Iowa or any other state that demonstrates the
lack of fitness of the taxicab vehicle permit holder to offer public
transportation; or
(4) Misrepresentation on the application for a taxicab business
license.
b. Prior to the denial, suspension, or revocation, the taxicab business
license holder must be given not less than ten (10) days' written notice by
the city clerk.
C. In the event of a denial, suspension, or revocation of a taxicab
business license, no other taxicab business license may be issued to such
person for a period of two (2) years thereafter.
7. Appeal: Within ten (10) days after written notice of the revocation,
suspension, or denial of issuance of a taxicab business license, an applicant or
license holder may file with the city clerk a written notice of appeal to the city
manager from such revocation, suspension, or denial. The city manager must
provide the taxicab business with notice and an opportunity to be heard on the
issue of whether the taxicab business license was properly revoked, suspended,
or denied.
8. Taxicabs Registered With City Clerk: The applicant or license holder must
register all vehicles operating as taxicabs for the taxicab business with the city
clerk. Any new vehicles that begin operating as taxicabs after the taxicab business
license is obtained must be registered with the city clerk prior to the vehicles
operating as taxicabs..
9. Taxicab Drivers Registered With City Clerk: The applicant or license holder
must register all taxicab drivers with the city clerk. Any additional drivers hired after
the taxicab business license is obtained must be registered with the city clerk prior
to the driver operating a taxicab for hire.
10. Display Of Taxicab Business License: The taxicab business license must
be displayed at the taxicab business location. A copy of the taxicab business
license also must be displayed in each vehicle operating as a taxicab for the
business and may not be removed until the expiration of the license.
11. Personal Nature; Transferability: The taxicab business license is personal
to the business and may not be sold, assigned, mortgaged, or otherwise
transferred. The taxicab business license applies to all registered vehicles
operating as taxicabs for the license holder.
12. Property Of City Clerk Upon Loss Or Closure: If any taxicab business
license issued under this article is lost or mislaid or the taxicab business closes or
ceases operations, the license holder must report such fact to the city clerk
immediately. Where a taxicab business license is lost or mislaid, a duplicate
license will be issued upon payment of the fee as established by the city manager.
Section 2. This ordinance shall take effect upon publication.
Passed, approved, and adopted this 20th day of June, 2023.
Attest:
"It
Adrienne Breitfelder, City Clerk
EFFECT OF AMENDMENT
4-713-8: TAXICAB BUSINESS LICENSE AND TAXICAB DRIVER'S PERMIT:
A. Taxicab Business License Requirements; Insurance; Fees:
1. Taxicab Business License Required: No person may operate a taxicab
alone or as part of a taxicab business without first having obtained a taxicab
business license from the city clerk.
2. Application For Taxicab Business License:
a. An application for a taxicab business license must be filed with the
city clerk's office on a form provided by the city clerk.
b. The chief of police will investigate each applicant for a taxicab
business license and a report of such investigation will be attached to the
application for consideration by the city clerk.
3. Consideration Of Application: The city clerk will, in consultation with the
chief of police and upon consideration of the application and the required reports
attached thereto, approve or reject the application.
4. Insurance Prerequisite To Issuance; Continuance In Effect: The taxicab
business owner must at all times while the license is in effect provide insurance as
required by the city manager.
5. Fees: No taxicab business license will be issued or renewed unless the
holder thereof has paid an annual taxicab business license fee established by the
city manager and an annual vehicle fee established by the city manager for each
vehicle in such taxicab business. Such fees are for one year commencing April 1.
6. Denial, Suspension, Or Revocation Of License:
a. The city clerk may deny, suspend, or revoke issuance of a taxicab
business license for good cause, including, but not limited to, any of the
following-
(1) Violation of any of the provisions of this article;
(2) Discontinuation of operations for more than sixty (60) days;
(3) Violation of any ordinances of the city or laws of the United
States or the state of Iowa or any other state that demonstrates the
lack of fitness of the taxicab vehicle permit holder to offer public
transportation; or
(4) Misrepresentation on the application for a taxicab business
license.
b. Prior to the denial, suspension, or revocation, the taxicab business
license holder must be given not less than ten (10) days' written notice by
the city clerk.
C. In the event of a denial, suspension, or revocation of a taxicab
business license, no other taxicab business license may be issued to such
person for a period of two (2) years thereafter.
7. Appeal: Within ten (10) days after written notice of the revocation,
suspension, or denial of issuance of a taxicab business license, an applicant or
license holder may file with the city clerk a written notice of appeal to the city
manager from such revocation, suspension, or denial. The city manager must
provide the taxicab business with notice and an opportunity to be heard on the
issue of whether the taxicab business license was properly revoked, suspended,
or denied.
8. Taxicabs Registered With City Clerk: The applicant or license holder must
register all vehicles operating as taxicabs for the taxicab business with the city
clerk. Any new vehicles that begin operating as taxicabs after the taxicab business
license is obtained must be registered with the city clerk prior to the vehicles
operating as taxicabs..
9. Taxicab Drivers Registered With City Clerk: The applicant or license holder
must register all taxicab drivers with the city clerk. Any additional drivers hired after
the taxicab business license is obtained must be registered with the city clerk prior
to the driver operating a taxicab for hire.
10. Display Of Taxicab Business License: The taxicab business license must
be displayed at the taxicab business location. A copy of the taxicab business
license also must be displayed in each vehicle operating as a taxicab for the
business and may not be removed until the expiration of the license.
11. Personal Nature; Transferability: The taxicab business license is personal
to the business and may not be sold, assigned, mortgaged, or otherwise
transferred. The taxicab business license applies to all registered vehicles
operating as taxicabs for the license holder.
12. Property Of City Clerk Upon Loss Or Closure: If any taxicab business
license issued under this article is lost or mislaid or the taxicab business closes or
ceases operations, the license holder must report such fact to the city clerk
immediately. Where a taxicab business license is lost or mislaid, a duplicate
license will be issued upon payment of the fee as established by the city manager.
STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUBLICATION
I, Kathy Goetzinger, a Billing Clerk for Woodward
Communications, Inc., an Iowa corporation, publisher
of the 'Telegraph Herald, a newspaper of general
circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the
attached notice was published in said newspaper on the
following dates:
06/23/2023
and for which the charge is 71,50
Su scribed to before me, rotary Public nd for
Dubuque County, Iowa,
this 26th day of June, 2023
Notary Uu
lic in and for Dubuque County, Iowa.
=Iowo-
PE
er 199659
MM Expires
5
Ad text : CITY OF DUBUQUE
OFFICIAL PUBLICATION
ORDINANCE NO. 31-23
AMENDING CITY OF DUBUQUE CODE OF ORDINANCES TITLE 4 BUSINESS
AND LICENSE REGULATIONS, CHAPTER 7 VEHICLES FOR HIRE AND
PUBLIC TRANSPORTATION, ARTICLE B MOTORIZED VEHICLES FOR HIRE,
SECTION 4-7B-$ TAXICAB BUSINESS LICENSE AND TAXICAB DRIVERS
PERMIT
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section 1. Section 4-7B-8 of the City of Dubuque Code of
Ordinances is hereby amended to read as follows:
4-78-8: TAXICAB BUSINESS LICENSE AND TAXICAB DRIVER'S
PERMIT:
A. "Taxicab Business License Requirements; Insurance; Fees:
1. "Faxicab Business License Required: No person may operate
a taxicab alone or as part of a taxicab business without first
having obtained a taxicab business license from the city
clerk.
2. "Application For Taxicab Business License:
a. "An application for a taxicab business license must be
filed with the city clerk's office on a form provided by the
city clerk.
b. "The chief of police will investigate each applicant for a
taxicab business license and a report of such investigation
will be attached to the application for consideration by the
city clerk.
3."Consideration Of Application: The city clerk will, in
consultation with (lie chief of police and upon consideration
of the application and the required reports attached thereto,
approve or reject the application.
4. "Insurance Prerequisite To Issuance; Continuance In
Effect: The taxicab business owner must at all times while the
license is in effect provide insurance as required by the city
manager.
5. "Fees: No taxicab business license will be issued or
renewed unless the holder thereof has paid an annual taxicab
business license fee established by the city manager and an
annual vehicle fee established by the city manager for each
vehicle in such taxicab business. Such fees are for one year
commencing April 1.
6."Denial, Suspension, Or Revocation Of License:
a, "The city clerk may deny, suspend, or revoke issuance of a
taxicab business license for good cause, including, but not
limited to, any of the following:
(1)"Violation of any of the provisions of this article;
(2)"Discontinuation of operations for more than sixty (60)
days;
(3)"Violation of any ordinances of the city or laws of the
United States or the state of Iowa or any other state that
demonstrates the lack of fitness of the taxicab vehicle permit
holder to offer public transportation; or
(4) "Misrepresentation on the application for a taxicab
business license.
b.'Prior to the denial, suspension, or revocation, the
taxicab business license holder must be given not less than
ten (10) days' written notice by the city clerk.
c. "In the event of a denial, suspension, or revocation of a
taxicab business license, no other taxicab business license
may be issued to such person for a period of two (2) years
thereafter.
7. "Appeal: Within ten (10) days after written notice of the
revocation, suspension, or denial of issuance of a taxicab
business license, an applicant or license holder may file with
the city clerk a written notice of appeal to the city manager
from such revocation, suspension, or denial. The city manager
must provide the taxicab business with notice and an
opportunity to be heard on the issue of whether the taxicab
business license was properly revoked, suspended, or denied.
S."Taxicabs Registered With City Clerk: The applicant or
license holder must register all vehicles operating as
taxicabs for the taxicab business with the city clerk. Any new
vehicles that begin operating as taxicabs after the taxicab
business license is obtained must be registered with the city
clerk prior to the vehicles operating as taxicabs..
9."Taxicab Drivers Registered With City Clerk: The applicant
or license holder must register all taxicab drivers with the
city clerk. Any additional drivers hired after the taxicab
business license is obtained must be registered with the city
clerk prior to the driver operating a taxicab for hire.
10."Display Of Taxicab Business License: The taxicab
business license must be displayed at the taxicab business
location. A copy of the taxicab business license also must be
displayed in each vehicle operating as a taxicab for the
business and may not be removed until the expiration of the
license.
11. "Personal Nature; Transferability: The taxicab business
license is personal to the business and may not be sold,
assigned, mortgaged, or otherwise transferred. The taxicab
business license applies to all registered veNcles operating
as taxicabs for the license holder.
12. "Property Of City Clerk Upon Loss Or Closure: If any
taxicab business license issued under this article is lost or
mislaid or the taxicab business closes or ceases operations,
the license holder must report such fact to the city clerk
immediately. Where a taxicab business license is lost or
mislaid, a duplicate license will be issued upon payment of
the fee as established by the city manager.
Section 2. This ordinance shall take effect upon
publication.
Passed, approved, and adopted this 20th day of June, 2023.
/s/Brad M. Cavanagh, Mayor
Attest: /s/Adrienne N. Breitfelder, City Clerk
Published officially in the Telegraph Herald newspaper on
the 23rd day of June, 2023.
/s/Adrienne N. Breitfelder,
CMC, City Clerk
It b/23