Code of Ordinances_Taxi Business and Driver's Permits AmendmentTHE CITY OF
Dui
Masterpiece on the Mississippi
Dubuque
kital
All- America City
II h/
2012
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Taxicab Business License and Taxicab Driver Permit Amendments
DATE: February 12, 2013
City Clerk Kevin Firnstahl recommends City Council approval of an amendment to City
of Dubuque Code of Ordinances repealing Section 4 -7B -8 Operator's Permit
Requirements; Insurance; Fees and Section 4 -7B -9 Driver's License Requirements; Fee
and adopt a new Section 4 -7B -8 Taxicab Business License and Taxicab Driver's Permit.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
btitt44 kr,„709,,,
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Keven S. Firnstahl, City Clerk
Masterpiece on the Mississippi
TO: Michael C. Van Milligen City Manager
FROM: Kevin S. Firnstahl, City Clerk
SUBJECT: Taxicab Business License and Taxicab Driver Permits
Dubuque
All- America City
IIIIIr
2012
February 13, 2013
INTRODUCTION
The City Clerk's Office and the City Attorney's Office have been reviewing the City Code
of Ordinances as it pertains to taxicab business licenses and taxicab drivers' permits. It
was decided to combine the licensing, permitting and regulation of the taxicab
businesses and drivers into one ordinance.
DISCUSSION
The review primarily resulted in minor changes to verbiage and adding language to
establish consistency throughout the Code section and to help bring the actual
application process and application form into compliance with the requirements of the
Code:
• Changing the words "driver's license" to "operator permit" for consistency
throughout the section;
• Removing the word "company" and replacing it with "business" for consistency
throughout the section;
• Adding verbiage for the process and authority of denying a permit in addition to
suspension or revocation as well as clarifying the appeal process;
• Adding language that allows for the transferability of a permit should an operator
change taxi companies;
• Condensing and combining multiple areas related to license requirements, fees
and insurance into one section and removing outdated or unclear language;
• Adding language for the required display of the business license; and
• Establishing the minimum and /or equivalent state licensing requirements.
RECOMMENDATION
I recommend City Council approval of the attached ordinance amendment.
Thank you.
KF /pjm
cc: Crenna Brumwell, Assistant City Attorney
Maureen Quann, Assistant City Attorney
Attachments:
Ordinance Amendment
Prepared by: Maureen A. Quann, Esq. 300 Main Street, Suite 330, Dubuque, IA 52001 (563) 589 -4381
ORDINANCE NO. 7 -13
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, BY
REPEALING SECTION 4 -7B -8 OPERATOR'S PERMIT REQUIREMENTS;
INSURANCE; FEES AND SECTION 4 -7B -9 DRIVER'S LICENSE REQUIREMENTS;
FEE AND ADOPTING A NEW SECTION 4 -7B -8 TAXICAB BUSINESS LICENSE AND
TAXICAB DRIVER'S PERMIT IN LIEU THEREOF
Whereas, the City of Dubuque Code of Ordinances Title 4, Chapter 7, Article B,
Section 8 provides for the licensing and regulation of taxicab businesses; and
Whereas, the City of Dubuque Code of Ordinances Title 4, Chapter 7, Article B,
Section 9 provides for the permitting and regulation of taxicab drivers; and
Whereas, the City Council finds that it is in the best interest of the City of
Dubuque to combine the licensing, permitting, and regulation of the taxicab businesses
and drivers into one ordinance.
NOW, THEREFORE,. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of Dubuque Code of Ordinances, Title 4, Chapter 7, Article B,
Sections 4 -7B -8 and 4 -7B -9 are repealed.
Attest:
Section 2. Section 4 -7B -8 attached hereto is hereby adopted.
Section 3. This Ordinance takes effect upon publication.
Passed, approved, and adopted the 18th day of February , 2013.
Kevi S. Firnstahl, City erk
Roy D. Bu¢yl, Mayor
ARTICLE B. MOTORIZED VEHICLES FOR HIRE
4 -7B -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 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 (1) year commencing
April 1.
6. Denial, Suspension, Or Revocation Of Permit:
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 within fourteen
(14) days after such vehicles are acquired.
9. 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 permit.
10. 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.
11. 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.
B. Driver's Permit Requirements; Fee:
1. Permit Required: No person may drive a taxicab for hire upon the streets
of the city and no person who owns or controls a taxicab may allow it to be so
driven, unless the driver of said taxicab holds a valid taxicab driver's permit
issued under the provisions of this article.
2. Application For Driver's Permit:
a. An application for a taxicab driver's permit must be filed with the city
clerk's office on a form provided by the city clerk.
b. An applicant must have, at a minimum, a valid Iowa Class D -3
chauffeur's license or equivalent license issued by another state to obtain
a taxicab driver's permit. Temporary restricted licenses or work permit
privileges are not sufficient to obtain a taxicab driver's permit.
c. The chief of police will investigate each applicant for a taxicab
driver's permit and a report of such investigation will be attached to the
application for consideration by the city clerk. Such report will state
whether the applicant has, at a minimum, a valid Iowa Class D -3
chauffeur's license or equivalent license issued by another state.
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. Issuance Of Permit; Duration; Annual Fee:
a. Upon approval of an application for a taxicab driver's permit, the
city clerk will issue a permit to the applicant upon the payment of the fee
as established by the city manager or the city manager's designee. Such
permit will be in effect for the remainder of the calendar year. The permit
must 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 suspended or has been revoked.
b. The driver must wear the taxicab driver's permit upon the clothing
of the driver at all times while operating the taxicab.
5. Compliance With City, State, And Federal Laws: A taxicab driver permitted
under this article must comply with all city, state, and federal laws.
6. Denial, Suspension, Or Revocation Of Permit:
a. The city clerk may deny, suspend, or revoke a taxicab driver's
permit for good cause, including but not limited to, any of the following:
(1) Failure or refusal to comply with the provisions of this article;
(2) Violation of any ordinances of the city, or laws of the United
States, the state of Iowa or any other state that demonstrates the
lack of fitness of the holder to offer public transportation;
(3) Misrepresentation on the application for a taxicab driver's
permit; or
(4) Violations against or loss, denial, suspension, or revocation
of a taxicab driver's state of Iowa Class D -3 chauffeur's license or
equivalent license issued by another state.
b. Prior to suspension or revocation, the taxicab driver must be given
not less than ten (10) days' written notice by the city clerk.
c. In the event of such denial, suspension, or revocation of a taxicab
driver's permit, no other taxicab driver's permit will be issued to such
person for a period of two (2) years thereafter.
7. Appeal: Within ten (10) days after written notice of the denial, suspension,
or revocation of a taxicab driver's permit, a taxicab driver 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 driver with
notice and an opportunity to be heard on the issue of whether the taxicab driver's
permit was properly revoked, suspended, or denied.
8. Personal Nature; Transferability: The taxicab driver's permit is personal to
the driver and may not be sold, assigned, mortgaged, or otherwise transferred.
9. Job Change: The taxicab's driver's permit remains valid and personal to
the driver through a change of employment. If a taxicab driver becomes
employed by another taxicab company after the issuance of the taxicab driver's
permit, such a change of employment must be reported to the city clerk within
fourteen (14) days.
10. Property Of City Clerk Upon Loss: If any taxicab driver's permit issued
under this article is lost or mislaid, the taxicab driver must report such fact to the
city clerk immediately. A duplicate permit will be issued upon payment of the fee
as established by the city manager.
11. Reporting Requirements: If suspension, revocation, or any other
disciplinary action is taken against a taxicab driver's state of Iowa Class D -3
chauffeur's license or equivalent license issued by another state, the taxicab
driver must report such action to the city clerk's office.
OFFICIAL
PUBLICATION
ORDINANCE NO. 7-13
AMENDING CITY OF
DUBUQUE CODE OF
ORDINANCES TITLE 4
BUSINESS AND LI-
CENSE REGULA-
TIONS, CHAPTER 7
VEHICLES FOR HIRE
AND PUBLIC TRANS-
PORTATION, ARTICLE
B MOTORIZED VEHI-
CLES FOR HIRE, BY
REPEALING SECTION
4 -7B-8, OPERATOR'S
PERMIT REQUIRE-
MENTS; INSURANCE;
FEES AND SECTION 4-
7B-9 DRIVER'S LI-
CENSE REQUIRE-
MENTS; " FEE AND
ADOPTING A NEW
SECTION 4-7B -8
TAXICAB BUSINESS.
LICENSE AND TAXI-
CAB DRIVER'S PER-
MIT IN LIEU THEREOF
Whereas, the City of
Dubuque Code of
Ordinances Title 4,
Chapter 7, Article B,
Section 8 provides for
the licensing and
regulation of taxicab
businesses; and
Whereas, the City of
Dubuque Code of
Ordinances Title 4,
Chapter 7, Article B, .
Section 9 provides for
the permitting and
regulation of taxicab
drivers; and
Whereas, the City
Council finds that it is
in the best interest of
the City of Dubuque to
combine the licensing,
permitting, and regu-
lation of the taxicab
businesses and drivers
into one ordinance.
NOW, THEREFORE,
BE IT ORDAINED BY
THE CITY COUNCIL
OF THE CITY OF
DUBUQUE, IOWA:
Section 1. City of
Dubuque Code of
Ordinances, Title 4,
Chapter 7, Article B,
Sections 4 -7B -8 and 4-
7B -9 are repealed.
Section 2. Section 4-
7B -8 attached hereto is
hereby adopted.
Section 3. This
Ordinance takes effect
upon publication.
Passed, approved,
and adopted the 18th
day of February, 2013.
Roy D. Buol, Mayor:
Attest: Kevin S.
Firnstahl, City Clerk
Published in the
Telegraph Herald
newspaper on the 22nd
day of February 2013.
/s /Kevin S. Firnstahl,
City Clerk
It 2/22
ARTICLE B.
MOTORIZED
VEHICLES FOR HIRE
4 -7B -8: TAXICAB
BUSINESS - LICENSE
AND TAXICAB DRI-
VER'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 taxicab
business without first
having obtained a
taxicab business li-
cense from the city
clerk.
2. Application For
Taxicab Business Li-
cense:
a. An application for a
taxicab business li-
cense 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 consi-
deration by the city
clerk.
3. Consideration Of
Application: The city
' clerk will, in con-
sultation with the chief
of ti police' and upon
consideration of the
application and the
required reports at-
tached thereto, ap-
prdVe or reject the
application.
,4., Insurance .Pre-
requisite To Issuance;
Continuance In Effect:
Th'e' taxicab business.
owner must at all times
. while the license is in
effect provide insur-
anpe a required by the
city manager.
r5. Fees: No taxicab
___7u,Slo_eSSLicense wil be
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.
B. Driver's Permit
Requirements; Fee:
1. Permit Required: No
person may drive a
taxicab for hire upon
the streets of the city
and no person who
owns or controls a
taxicab may allow it to
be so driven, unless
the driver of said
taxicab holds a valid
taxicab driver's permit
issued under the
provisions of this
article.
2. Application For
Driver's Permit:
a. An application for a
taxicab driver's permit
must be filed with the
city clerk's office on a
form provided by the
city clerk.
b. An applicant must
have, at a minimum, a
valid Iowa Class D -3
chauffeur's license or
equivalent license is-
sued by another state
to obtain a taxicab
driver's permit. Temp-
orary restricted li-
censes or work permit
privileges are not
sufficient to obtain a
taxicab driver's permit:
c. The chief of police
will investigate each
applicant for a taxicab
driver's permit and a
report of such
investigation will be
attached to the 'appli-
cation for consider-
ation by the city clerk.
Such report will state
whether the applicant
has, at a minimum, a
valid Iowa Class D -3
chauffeur's license or
equivalent license is-
sued by another state.
3. Consideration Of
Application: The city
clerk will, in consul-
tation with the chief of
police and upon
consideration' of the
application= and the
required reports at-
tached thereto, ap-
prove or reject the
application.
4. Issuance Of Permit;
Duration; Annual Fee:
a. Upon approval of
an application for a
taxicab' driver's permit,
;clerk will issue
a Dermit to the
mislaid, the taxicab
driver must report
such fact to the city
clerk immediately. A
duplicate permit will
be issued upon
payment of the fee as
established by the city
manager.
U. Reporting Require-
ments: If suspension,
revocation, or any .
other disciplinary ac-
tion is taken against a
taxicab driver's state
of Iowa Class D -3
chauffeur's license or
equivalent license is-
sued by another state,
the taxicab driver must
report such action to
the city clerk's office.
It 2/22
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, 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: February 22, 2013, and for which the charge is $110.66.
�_i
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this day , 20 43 .
Notary Public in and for Dubuque County, Iowa.
times RYK,ydES
�c;;r,miSsl_n Nu7,r'e1
+yulreo Dy the
city manager.
5. Fees: No taxicab
business license will be
issued or renewed
unless the holder
thereof has paid an
annual taxicab busi-
ness 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 (1) year,
cornmencing April1.
61 :Denial, Suspension,
Or Revocation Of
Permit::
a.. The city clerk may
deny, suspend, or
i 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 revo-
cation, 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 revoca-
tion, 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, suspen-
sion, or denial. The
city manager must
provide the taxicab
business with notice
an application for a
taxicab driver's permit,
the city clerk will issue
a permit to the r
applicant upon the
payment of the fee as
established by the city
manager or the city
managers designee.
Such permit will be in
effect for the remain-
der of the calendar
year. The permit must
be renewed every
calendar year there-
after upon the pay -
ment of the fee as
established by the city
manager unless the
license for the pre-
ceding year is sus -
pehded or has been
revoked.
.b. The driver must
wear the taxicab
driver's permit upon
the clothing of the
driver at all times while
operating the taxicab.
5. Compliance With
City, State, And Federal
Laws: A taxicab driver
permitted under this'
article must comply
with all city, state, and
federal laws.
6. Denial, Suspension,
Or Revocation Of
Permit:
a. The city clerk may
deny, suspend, or
revoke a taxicab
driver's permit for
good cause, including
but not,limited to, any
of the following:
(1) Failure or refusal
to, comply with the
provisions of this
article;
(2) Violation of any
ordinances of the city,
or laws of the United
States, the state of
Iowa or any other state
that demonstrates the
lack of fitness of the
holder to offer public
transportation;
(3) Misrepresentation
on the application for a
taxicab driver's permit;
or
(4) Violations against
or loss, denial, sus-
pension, or revocation
of a taxicab driver's
state of Iowa Class D -3
chauffeur's license or
equivalent license is-
lbfl e&b y"a n of h er state.
rPriorito suspension
or revocation, the
taxicab driver must be
given not less than' ten
(10) days' written
notice by the city clerk.
c. In the event of such j
denial, suspension, or
revocation of a taxicab
driver's permit, no
other taxicab drivers
permit will be issued to
and an opportunity to such person for a
be heard on the issue period of two (2) years •
of whether the taxicab thereafter.
business license was 7. Appeal: Within ten
properly revoked (1U)' days after written
Suspended, or denied— —Ackfid of the. denial,'
8: Taxicabs spspension, or revo-
RegistgradR; With • City at;ion of a taxicab
Clerk: The applicant or drivers permit, a
license holder must taxicab driver may file
register all vehicles witf , the city clerk a
operating as taxicabq w,n5en , notice of
for the taxicab appeal , 'to ' the city
business with the ;city manager 'from such
olerk. Any new vehi- re'v&ca on suspen-
cles that begin open sbpn, ° of denial. The
ating as taxicabs after "city ",if ,ger must
the taxicab busr,'ess proude e; taxicab .
license is obtained dr Len with notice and
must be registered a opportunity to be
with the f c #y clerk heard, on the of
within ; 'fourteen (14) whe ther, the taxicab
days after such driJ,erk, permit was
vehiclesere *wired properly revoked,
9 Display Of Taxicab Isuslended or denied
Business' ',Lircense- T,,Ite Per oral Nature;
taxicab business,, *Ili errabbtli The I
cense must be cab drive,'ssiperinit
played at the }}�a �� �{i r l ^stop the
business location..`' jn"dlrrlaj ridt be
copy of the taxicab `VoldyN,assigoed mort-
business license also gaged, or otherwise
must be displayed in transferred.
each vehicle operating ,„ 9. Job Change: The
as a taxicab for the .taxicab's •. driver's per-
business and may not mit remains valid and
be removed until the personal to the driver
expiration of the through a change of
permit. employment If a
10. Personal Nature; taxicab driver becomes
Transferability: he employed by another
taxicab business �ii- taxicab company after
cense is personal to the issuance of the
the business and may taxicab driver's permit,
not be sold assigned, such a change of
mortgaged, or other- Semployment must be
wise transferred. The reported to the city
taxicab business li- clerk within fourteen
cense applies to all (14) days.
registered. vehicles 10. Property Of City
operating as taxicabs Clerk Upon Loss: If any
for the license holder. taxicab drivers permit
11. Property Of City issued under 'this
Clerk Upon Loss Or article is lost or