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Taxicab_Ordinance Amendment to Chapter 46THE CITY OF ~,,. DUB E Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Taxicab Ordinance DATE: February 11, 2009 Dubuque AII-AmericaCity .,'.~ 2007 Assistant City Attorney Crenna Brumwell is requesting City Council approval of the Taxicab Ordinance, which includes an exemption for non-profit taxicab services and an exemption for charter transportation. The non-profit taxicab component would exempt DuRide from these regulations as they use volunteers to provide rides to senior citizens with donated vehicles. I concur with the recommendation and respectfully request Mayor and City Council approval. ~~-. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Crenna Brumwell, Assistant City Attorney David Heiar, Economic Development Director Jon Rodocker, Transit Manager THE CTI'Y OF DUB E Masterpiece on the Mississippi MEMORANDUM CRENNA M. BRUMWELL, ESQ. ASSISTANT CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: February 6, 2009 RE: Taxicab Ordinance Recently I received an inquiry regarding the taxicab ordinance questioning whether non- profit groups such as DuRide were subject to the taxicab regulations. Under our current ordinance, DuRide would be responsible for complying with the regulations which include meter requirements, manifests, permits, and driver's licenses. Regulations of this nature will present a formidable obstacle to non-profits which want to offer a much needed service in the community. I am attaching the proposed ordinance which exempts non-profit taxicab services. A clarification is also being added to exempt charter transportation as charter vehicles are rented by the hour as opposed to taxicabs which charge based on the number of passengers, miles, and time. Additionally, minor reorganization, formatting and grammatical changes are included. Please let me know if you have any questions; the ordinance is prepared for City Council review and approval. Thank you. cc: Jeanne Schneider, City Clerk Kim Wadding, Chief of Police Jon Rodocker, Transit Manager OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 3OO MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563) 589-4381 / FAx (563) 583-1040 / EMAIL cbrumwel@cityofdubuque.org ORDINANCE NO. 11-09 AMENDING THE CITY OF DUBUQUE CODE OF ORDINANCES BY REPEALING CHAPTER 46 VEHICLES FOR HIRE AND PUBLIC TRANSPORTATION AND ADOPTING A NEW CHAPTER 46 VEHICLES FOR HIRE AND PUBLIC TRANSPORTATION IN LIEU THEREOF. NOW, THEREFORE, B IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 46 of the City of Dubuque Code of Ordinances is amended as set forth in the attached Chapter 46 Vehicles for Hire and Public Transportation. Section 2. This Ordinance shall take effect on publication. Passed, approved and adopted the 16th day of February, 2009. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, City Clerk Chapter 46 VEHICLES FOR HIRE AND PUBLIC TRANSPORTATION ARTICLE I. PUBLIC TRANSPORTATION BY NON-MOTORIZED VEHICLES DIVISION 1. GENERALLY Sec. 46-1. Definitions. The following words and phrases, when used in this Article, shall have the following meanings: Driver means any person who operates anon-motorized vehicle in the transportation of passengers and who receives any compensation for such service in wages or commissions or who is otherwise paid, directly or indirectly. Horse-drawn carriage means a chauffeured non-motorized vehicle pulled by horses and engaged in the business of carrying passengers. Non-motorized vehicle means any conveyance designed to carry a driver and passengers which is propelled by a means other than a motor. Pedicab means a chauffeured non-motorized vehicle, propelled by pedals, engaged in the business of carrying passengers. Sec. 46-2. Rates. No person shall operate anon-motorized vehicle without posting in clear view within the passenger compartment a printed rate card large enough to be read by the passengers in the vehicle, showing the rates. Sec. 46-3. Operation Requirements. The operation of anon-motorized vehicle shall meet the following requirements: (a) The driver of anon-motorized vehicle shall be a person who is at least eighteen (18) years of age and holds a valid motor vehicle operator's license. (b) The months of operation shall be year-round beginning April 1st. (c) Non-motorized vehicles shall be operated only on routes within the Main Street District Cultural Corridor as established by the City Manager. The City Manager may require such routes to be changed at any time in the event of a sudden hazard, construction, special event, or for such other reason as the City Manager determines to be necessary. (d) Non-motorized vehicles shall be allowed to stop, stand, or park at any non-restricted meters in the Main Street District Cultural Corridor. (e) When collecting fees or picking up or dropping off passengers, the driver shall stop, stand, or park the vehicle only in approved locations or parallel to the curb, taking care not to block traffic lanes, crosswalks, or intersections, or to otherwise impede the flow of vehicular or pedestrian traffic. (f) Non-motorized vehicles shall be operated only on City streets and shall not be operated on sidewalks. (g) The driver of anon-motorized vehicle shall not conduct business on private property without the prior consent of the property owner. (h) Passengers shall be limited to the passenger compartment of the vehicle and shall not board or exit the vehicle while it is in motion or in a traffic lane or intersection. (i) No open alcoholic beverage containers or consumption of alcoholic beverages shall be allowed in a vehicle or in the possession of the driver or passengers. (j) The operator of a business providing non-motorized vehicle transportation shall post notices in each vehicle and in each waiting room or at each station owned or used by the operator stating the charges and routes or methods of operation. (k) Non-motorized vehicles shall be equipped with headlights, taillights, reflectors, and aslow-moving vehicle sign. (I) The owner or driver of anon-motorized vehicle shall keep it in a safe and operating condition at all times. The Chief of Police is hereby authorized, either on complaint of any person or without such complaint, to inspect the non- motorized vehicle and upon discovery of any unsafe condition, to notify the person operating the vehicle to cease operation. Thereupon said non-motorized vehicle shall be kept off the street until unsafe condition has been corrected. DIVISION 2. NON-MOTORIZED VEHICLE TRANSPORTATION BUSINESS LICENSE Sec. 46-4. Business License Required. No person shall operate a pedicab, horse-drawn carriage, or other non-motorized passenger transportation business for the purpose of public transportation, whether or not passengers are charged for the service, without first obtaining an annual license therefore as provided in this Article. Sec. 46-5. Application for Business License. (a) An application for anon-motorized transportation business license shall be filed with the City Manager on a form provided by the City Manager. The application shall contain the following information (1) The name of the applicant. (2) The name and address of each of the principal officers of the business and the name and address of each partner, trustee, owner, or other person with a financial interest in the applicant. (3) A description of the methods, procedures, hours of operation, and equipment to be used. (4) A map of the City showing the locations of proposed routes or methods of operation, including proposed stations to stop, stand, or park vehicles to pick up and drop off passengers and proposed locations to store or keep vehicles, animals, and equipment related to the operation. (5) The identification, descriptive information, and photographs of each non- motorized vehicle. (6) The names, addresses, and dates of birth of all drivers of non-motorized vehicles. Such information shall be updated with the City Manager for each new driver before any driver operates anon-motorized vehicle for the purpose of public transportation. Falsification of information on an application shall be grounds for denial or revocation of a license. (b) The City Manager shall cause the Chief of Police to investigate each application for anon-motorized transportation business license and a report of such investigation shall be submitted by the Chief of Police to the City Manager. Sec. 46-6. Consideration of Application. The City Manager shall, upon consideration of the application and the information required herein, approve or reject the application. If the application is rejected, the applicant may file with the City Clerk a written notice of appeal from the City Manager's decision. Sec. 46-7. Fees. At the time of filing the application, the applicant shall pay to the City Manager a non- refundable application business fee established by the City Manager. At the time of issuance of anon-motorized vehicle license, the applicant shall pay to the City Manager a non-motorized vehicle license fee established by the City Manager. Sec. 46-8. Insurance. Prior to the issuance of a license, the applicant shall submit to the City Manager proof of, and shall maintain at all times during operation of the business, such insurance as the City Manager shall determine appropriate. Sec. 46-9. Renewals. All licenses under this Article shall expire on March 31st of each year. Sec. 46-10. Display. The non-motorized transportation license shall be fastened upon the vehicle and shall not be removed until the expiration of the license. Sec. 46-11. Suspension and Revocation of License. A license may be revoked or suspended by the City Manager for a violation of any of the provisions of this Article, any other ordinances of the City, or laws of the United States or the state of Iowa which demonstrate the lack of fitness of the licensee to offer public transportation. The licensee shall be given not less than ten (10) day written notice of the proposed action to be taken prior to suspension or revocation. The licensee may file with the City Clerk a written notice of appeal to the City Council from the suspension or revocation. Sec. 46-12. Transfer Restricted. No non-motorized transportation business license may be sold, assigned, mortgaged, or otherwise transferred. Sec. 46-13 - 46-14. Reserved. DIVISION 3. NON-MOTORIZED VEHICLE DRIVER'S LICENSE Sec. 46-15. Non-Motorized Vehicle Driver's License. No person shall operate anon-motorized vehicle for hire upon the streets of the City and no person who owns or controls such vehicle shall permit it to be so driven, and no such vehicle shall be so driven at any time for hire, unless the driver of such vehicle shall have first been issued a driver's license under the provisions of this Article. Sec. 46-16. Application for Driver's License. (a) An application for a driver's license shall be filed with the City Manager on a form provided by the City Manager. (b) The City Manager shall cause the Chief of Police to investigate each applicant for a license and a report of such investigation shall be submitted to the City Manager. Such report shall state whether or not the applicant has a valid motor vehicle operator's license. Sec. 46-17. Consideration of Application. The City Manager shall, upon consideration of the application and the reports required by this Article, approve or reject the application. Sec. 46-18. Issuance of License; Duration; Annual Fee. (a) Upon approval of an application for a license, the City Manager shall issue a license to the applicant upon the payment of an annual fee as determined by the City Manager. Such license shall be in effect for the remainder of the calendar year. The license shall be renewed every calendar year thereafter upon the payment of an annual fee unless the license for the preceding year is in suspension or has been revoked. (b) The driver shall wear the license upon the clothing of the driver at all times during the operation of the vehicle. Sec. 46-19. Failure to Comply with City, State, and Federal Laws. A driver licensed under this Article shall comply with all applicable City, state, and federal laws. ARTICLE II. MOTORIZED VEHICLES FOR HIRE DIVISION 1. GENERALLY Sec. 46-20. Definitions. The following words and phrases, when used in this Article, shall have the following meanings: Charter transportation means a vehicle furnished with a driver that carries passengers for hire either on a fixed route in the City or pursuant to a written contract with reservations in advance of the service. The vehicle shall operate without a meter installed and charge for services on an hourly basis or longer periods of time. Driver means any person who operates a motor vehicle in the transportation of persons and who receives any compensation for such service in wages or commissions or who is otherwise paid, directly or indirectly. Extra luggage means luggage in excess of two (2) suitcases per person. Manifest means a daily record prepared by a taxicab driver of all trips made by said driver showing time and place of origin, destination, number of passengers, and the amount of fare of each trip. Motorized vehicle means a machine which incorporates a motor, sometimes known as an engine, and which is used for transportation. Non-profit taxicab means a vehicle furnished with a driver that carries passengers on a volunteer basis. The vehicle shall operate without a meter installed and charge for services per ride or on an hourly basis or longer periods of time. Open stand means a public place alongside the curb of a street or elsewhere in the City that has been designated by the City Manager as reserved exclusively for the use of taxicabs. Operator or holder means a person to whom an operator permit has been issued by the City. Rate card means a card issued by the operator for display in each taxicab and that contains the rates of fare then in force. Related group means a single telephone call to the taxicab company to pick up more than one person with no more than two (2) suitcases per person from the same point of origin to the same destination. Taxicab means all vehicles furnished with a driver which carry passengers for hire within the City. Charter transportation, as defined in this Section, non-profit taxicabs, and vehicles owned or operated by any governmental entity that provide public transportation are not taxicabs. Taximeter means a meter instrument or device attached to a taxicab which measures electronically the distance driven and the waiting time upon which the fare is based. Waiting time means the time when a taxicab is not in motion from the time of acceptance of a passenger or passengers to the time of discharge, but does not include any time that the taxicab is not in motion if due to any cause other than the request, act, or fault of a passenger or passengers. Vehicle for hire is a vehicle providing shared transportation which transports one (1) or more passengers between locations of the passengers' choice, or close to it. Sec. 46-21. Exemptions. Non-profit taxicabs and charter transportation shall be exempt from the provisions of this Chapter. Sec. 46-22. Taximeter Required. No person shall operate a taxicab without a taximeter fastened in front of the passengers, visible to them at all times day and night, and after sundown the face of the taximeter shall be illuminated. Sec. 46-23. Rates. No person shall operate a taxicab without posting in a conspicuous place, in clear view within the passenger compartment, a printed rate card large enough to be read by the passengers in the taxicab showing the rates. Sec. 46-24. Manifests. (a) Every driver shall maintain a daily manifest upon which are recorded all trips made each day, showing time and place or origin and destination of each trip and amount of fare and all such completed manifests shall be returned to the owner by the driver at the conclusion of the tour of duty. The form for each manifest shall be furnished to the driver by the owner. (b) Every holder of an operator permit shall retain and preserve all drivers' manifests in a safe place for at least the calendar year and said manifests shall be open to inspection by the Police Department. Sec. 46-25. Open Stands. (a) The City Manager is hereby authorized and empowered to establish open stands in such place or places upon the streets of the City as deemed necessary for the use of taxicabs operated in the City. The City Manager shall prescribe the number of cabs that shall occupy such open stands. (b) Open stands shall be used by the different drivers on a first-come first-serve basis. The driver shall pull on to the open stand from the rear and shall advance forward as the cabs ahead pull off. Drivers shall stay within five (5) feet of their cabs and shall not engage in loud or boisterous talk while at an open stand. Nothing in this Article shall be construed as preventing a passenger from boarding the cab of the passenger's choice that is parked at open stands. Sec. 46-26. Vehicles, License, and Maintenance. (a) No person shall operate a vehicle used as a taxicab unless it is licensed by the state. (b) The owner or driver of a taxicab shall keep it in a safe and operating condition at all times. The Chief of Police is hereby authorized, either on complaint of any person or without such complaint, to inspect the vehicle and, upon discovery of any unsafe condition, to notify the person operating said taxicab to cease operation. Thereupon said taxicab shall be kept off the street until the unsafe condition has been corrected. Secs. 46-27 - 46-29. Reserved. DIVISION 2. PERMITS AND LICENSES Sec. 46-30. Operator Permit Required. No person shall operate a taxicab business without first having obtained a taxicab operator's permit from the City Manager. Sec. 46-31. Application for Operator's Permit. (a) An application for a taxicab operator permit shall be filed with the City Manager's Office on a form provided by the City. (b) The City Manager shall cause the Chief of Police to investigate each applicant for a taxicab operator permit and a report of such investigation shall be attached to the application for consideration by the City Manager. Sec. 46-32. Consideration of Application. The City Manager shall, upon consideration of the application and the reports required to be attached thereto, approve or reject the application. If the application is rejected, the applicant may appeal the City Manager's decision to the City Council. Sec. 46-33. Insurance Prerequisite to Issuance, Continuance in Effect. The taxicab operator shall provide insurance as required by the City Manager. Sec. 46-34. Fees. No taxicab operator permit shall be issued or renewed unless the holder thereof has paid an annual permit fee established by the City Manager for the right to engage in the taxicab business and an annual fee established by the City Manager for each vehicle in such taxicab business. Such fees shall be for one (1) year commencing April 1st. Sec. 46-35. Suspension and Revocation of Operator Permit. An operator permit may be revoked or suspended by the City Manager if the holder thereof has violated any of the provisions of this Article, discontinued operations for more than sixty (60) days, or violated any ordinances of the City or laws of the United States or the state, the violations of which demonstrate the lack of fitness of the holder to offer public transportation. Prior to suspension or revocation, the operator shall be given not less than (10) days written notice. The driver may file with the City Clerk a written notice of appeal to the City Council from such suspension or revocation. Sec. 46-36. Tag to be Fastened to Vehicle. The taxicab license tag or plate issued by the City as evidence of an operator permit shall be fastened upon the vehicle and shall not be removed until the expiration of the permit. Sec. 46-37. Transfer Restricted. No taxicab operator permit may be sold, assigned, mortgaged, or otherwise transferred without the consent of the City Council. Sec. 46-38. Taxicab Driver's License. No person shall operate a taxicab for hire upon the streets of the City and no person who owns or controls a taxicab shall permit it to be so driven and no taxicab licensed by the City shall be so driven at any time for hire, unless the driver of said taxicab shall have first been issued a taxicab driver's license under the provisions of this Article. Sec. 46-39. Application for Driver's License. (a) An application for a taxicab driver's license shall be filed with the City Manager's Office on a form provided by the City Manager. (b) The City Manager shall cause the Chief of Police to investigate each applicant for a taxicab license and a report of such investigation shall be attached to the application for consideration by the City Manager. Such report shall state whether or not the applicant has a valid Iowa driver's license. Sec. 46-40. Consideration of Application. The City Manager shall, upon consideration of the application and the reports required to be attached thereto, approve or reject the application. Sec. 46-41. Issuance of License; Duration; Annual Fee. (a) Upon approval of an application for a taxicab driver's license, the City Manager shall issue a license to the applicant upon the payment of the fee as established by the City Manager. Such license shall be in effect for the remainder of the calendar year. The license shall be renewed every calendar year thereafter upon the payment of the fee as established by the City Manager unless the license for the preceding year is in suspension or has been revoked. (b) The driver shall wear the license upon the clothing of the driver. Sec. 46-42. Failure to Comply with City, State, and Federal Laws. Every driver licensed under this Article shall comply with all City, state, and federal laws. Sec. 46-43. Suspension and Revocation of License. The City Manager may suspend or revoke a driver's license if a driver fails or refuses to comply with the provisions of this Article. The driver shall be given not less than ten (10) day written notice prior to the suspension or revocation. The driver may file with the City Clerk a written notice of appeal to the City Council from such suspension or revocation. Secs. 46-44 - 46-55. Reserved.