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A. Findings: The City Council finds as follows:
1. Taxicabs provide an essential component of the transportation options available to citizens of, and visitors to, the City.
2. Taxicabs are operated by private companies or individuals and utilize public streets, roads and other rights-of-way in providing their services.
3. It is important to protect the public health, safety and welfare without restraining, burdening or overregulating the taxicab industry.
4. The protection of the public health, safety and welfare shall be paramount in the enforcement and interpretation of taxicab regulations.
B. Intent: To achieve those goals, it is the City Council's intent, by enacting this article, to ensure:
1. That taxicabs provide a safe means of transportation.
2. Taxicab drivers are trustworthy and competent to carry out their duties in a safe and efficient manner.
3. Taxicab owners carry adequate liability insurance on their taxicabs. (1952 Code § 5-24-01; amd. 2019 Code)
To the extent not inconsistent with this article, the provisions set forth in chapter 1, article A of this title, shall apply with full force and effect to all provisions and sections of this article and chapter 1, article A of this title is hereby incorporated herein by reference and applies to those rights and responsibilities not further defined herein. (2019 Code)
For the purposes of this chapter, the following terms, phrases, words and derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words used throughout this chapter, but not defined herein or in chapter 1, article A of this title, shall have their plain, ordinary and common meaning. Words in any gender shall apply to the feminine, masculine and neuter genders.
FARE: Money or other value paid for transportation of a person or passenger.
IMMEDIATE OUT OF SERVICE STATUS: The status of a taxicab which, upon written or verbal notice by the Licensing Officer, is such that no person shall operate the vehicle as a taxicab.
IN SERVICE: A taxicab is deemed to be "in service" whenever in operation upon any public street, road or right-of-way, regardless of its status as available for hire, already hired, off duty or otherwise unavailable.
INSPECTION DECAL: A decal that is approved, authorized and issued by the Licensing Officer, that demonstrates that the taxicab passed inspection.
INSURANCE: An automobile liability policy for each licensed taxicab in the amount designated within this article, with combined single limits, written by an insurer authorized by the State of Idaho to write insurance policies, and continuously in force for the full term of each taxicab vehicle license.
MOBILITY DEVICE: A device designed for use by individuals with a mobility disability for the main purposes of indoor or outdoor locomotion, including, but not limited to, wheelchairs, walkers, crutches, canes, braces or other similar devices.
OPERATOR (OR TAXICAB OPERATOR): Any person who drives or who is in actual physical control of any taxicab, or any person who drives or who is in actual physical control of any vehicle used as a taxicab.
PASSENGER: A person who hires, employs, directs or otherwise engages a taxicab to transport a passenger between two (2) points, as directed by a passenger.
RATE CARD: An approved card or other display setting forth the schedule of taxicab fares and rates.
SERVICE ANIMAL: A dog that is individually trained to do work or perform tasks for people with disabilities, including, but not limited to, guiding people who are blind or have a visual impairment, alerting individuals who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure or reminding a person with mental illness to take prescribed medications.
STREET: The entire width between the boundary lines of every public way for vehicular travel use, with jurisdiction extending to the adjacent property line, including sidewalks, shoulders, berms and rights-of-way not intended for motorized traffic. The term "street" is interchangeable with highway.
TAXICAB: Any motor vehicle capable of carrying one or more passengers or parcels between points and over such route as may be directed by a passenger and:
A. Is available for hails or through a dispatch service;
B. Does not require prearranged appointments;
C. Is not operated on a fixed route; and
D. Is a vehicle that is held out to the public as a taxicab.
TAXICAB BUSINESS: A business that leases, owns, operates or controls one or more taxicabs.
TAXICAB STAND: A place alongside the curb of a street or other place designated and reserved exclusively for the use of taxicabs or commercial transportation vehicles.
TAXIMETER: An instrument attached to a taxicab which measures the distance driven, the waiting time and any other basis upon which the fare is calculated.
TOP LIGHT: A lighted display device permanently attached to the center front of a taxicab's exterior roof that is illuminated when the taximeter is deactivated, the illumination of which is sufficient to be clearly seen at night. The device shall act in unison with the taximeter to indicate the service status of the taxicab to which it is attached.
WAITING TIME: The time when a taxicab is not in motion, beginning at the timely arrival at the place to which it was called, and consisting of the time when the taxicab is waiting at the direction of the passenger, or is otherwise forced to wait while hired, employed, directed or otherwise engaged in the transportation of a passenger or parcel. (1952 Code § 5-24-02; amd. Ord. 50-13, 1-7-2014; 2019 Code)
A. Taxicab Business License:
2. Each application for a new taxicab business license shall be accompanied by the required fee in an amount established by the City Council and listed on the most current City Clerk license fee schedule.
3. The taxicab business license is not required with annual license renewal application unless:
a. The taxicab business license and related business are sold; or
b. The taxicab business license was exercised in a manner that was noncompliant with the requirements set forth in this article.
4. Taxicab business licenses are not transferrable.
5. Every taxicab business license shall expire on June 30 of each year.
B. Taxicab Vehicle License:
2. Every taxicab vehicle license shall expire on June 30 of each year.
3. Every licensee who is an applicant for renewal of a taxicab vehicle license shall complete the application process annually. Upon completion of the application process, the Licensing Officer will issue a renewed taxicab vehicle license to the applicant, provided the applicant meets all of the qualifications and none of the disqualifications set forth in this article and chapter 1, article A of this title.
4. The taxicab vehicle license of any taxicab not in service for fifteen (15) consecutive days shall be deemed abandoned, and such taxicab vehicle license shall revert to the City unless the owner, lessee, agent or licensee of such taxicab notifies the Licensing Officer in writing prior to expiration of the fifteen (15) days that said taxicab is out of service due to major mechanical or structural damage requiring in excess of fifteen (15) days to repair. In the event such written notification is given, the licensee shall have a reasonable period of time, to be determined by the Licensing Officer, to place said taxicab back in service. A licensee may, in writing, request permission from the Licensing Officer to exceed the fifteen (15) days not in service limit if unforeseen special circumstances are likely to prevent the licensee from placing the vehicle back into service. In the event said taxicab is not placed back in service within the reasonable period of time determined by the Licensing Officer, if no permission for an extension was granted by the Licensing Officer, such taxicab vehicle license shall be deemed abandoned and shall revert to the City.
5. Every owner, lessee and operator of a taxicab, and every taxicab vehicle licensee, shall notify the Licensing Officer in writing within seven (7) calendar days of the sale, lease, transfer or loan of the taxicab to any other person.
6. Every owner, lessee and operator of a taxicab, and every taxicab vehicle licensee, shall notify the Licensing Officer in writing within seven (7) calendar days of the taxicab being taken "off-line" or the taxicab no longer being used as a taxicab. The taxicab vehicle license of such taxicab shall be returned to the Licensing Officer within ten (10) business days of the taxicab being taken "off-line" or the taxicab no longer being used as a taxicab.
C. Taxicab Driver's License:
1. Every person who drives, operates, conducts or is in actual physical control, as that term is defined and used in Idaho Code title 18, and as interpreted by applicable case law, of a taxicab in the City shall make written application for and obtain a taxicab driver's license as set forth in sections 3-1A-5 and 3-1A-6 of this title. Such license shall be maintained in full force and effect at all times when the person is driving, operating, conducting or in actual physical control of a taxicab.
2. The applicant or licensee shall notify the Licensing Officer in writing within two (2) business days of any illness, accident, injury or other health issue that may cause the applicant or licensee to fail to meet any of the physical requirements contained in 49 CFR part 391.41 (medical card). Every restriction and requirement placed on the applicant or licensee's operation of a motor vehicle by the examining physician who issued the medical card shall be a restriction or requirement on the taxicab driver's license issued by the Licensing Officer. Every restriction and requirement placed on the applicant or licensee's operation of a motor vehicle by the State Department of Transportation shall be a restriction or requirement on the taxicab driver's license issued by the Licensing Officer.
3. Every taxicab driver's license shall expire one year from the date of issuance.
4. Every licensee who is an applicant for renewal of a taxicab driver's license shall complete the application process annually. Upon completion of the application process, the Licensing Officer will issue a renewed taxicab driver's license to the applicant, provided the applicant meets all of the qualifications and none of the disqualifications set forth in this article and chapter 1, article A of this title.
5. Every taxicab driver's license issued by the Licensing Officer shall include, at a minimum, the following:
a. The licensee's full name.
b. A photograph of the licensee.
c. The license expiration date.
d. The licensee's license number.
D. Applications; General Standards And Requirements:
1. In addition to the minimum licensing qualifications set forth in chapter 1, article A of this title, every application for a license required by this article must also include the following information:
a. The name and direct telephone number of the operating manager of the taxicab business under which the applicant will be licensed;
b. If an application for a taxicab business license, a description of every taxicab to be operated pursuant to the taxicab business license, including the year, make, model, current mileage, license plate number, City taxicab vehicle license number, and vehicle identification number (VIN) of each vehicle;
c. Whether the applicant has previously applied for any City license or permit; and
d. If a taxicab driver's license application, whether the applicant has previously been licensed as a taxicab driver by the City or by any other jurisdiction.
2. Every applicant for a license governed by this article shall be able to speak and understand the English language sufficiently to converse with the general public, to understand road and highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records.
3. In addition to all requirements and qualifications set forth above:
a. No applicant shall be issued a taxicab vehicle license:
(1) When the applicant is not the bona fide owner or lessee of the taxicab;
(2) Until the certificate of insurance, of the type and in the amount required by this article, is tendered to the Licensing Officer.
b. No applicant shall be issued, or shall be allowed to maintain, a taxicab driver's license, if the applicant fails to achieve a score of at least seventy percent (70%) correct on a general local geographic knowledge and communication skill test developed and administered by the Licensing Officer. Applicants shall pay the fee set forth on the City Clerk fee schedule to cover the cost of administering the tests, which fee shall be in addition to all other licensing application fees and other fees authorized by this article. The general local geographic knowledge and communication skill test shall be developed and administered to assess an applicant's ability to recognize various points of interest in the City, to evaluate the applicant's ability to determine the shortest geographical route between established City landmarks and to evaluate communication skills to adequately converse with the general public. To achieve the goals of this licensing requirement, every general local geographic knowledge test shall be taken and completed by the applicant alone, with no help or assistance of any kind from any person, other than the Licensing Officer.
E. Exception To Requirements: The taxicab driver's license requirement of this article shall not apply when all of the following conditions exist:
1. The person driving or operating the taxicab is doing so for the purpose of diagnosing, performing, completing or road testing maintenance or repairs to the taxicab; and
2. The exterior of the taxicab is clearly marked in such a manner as to indicate that it is being driven solely for the purpose of performing, completing or road testing maintenance or repairs to the taxicab. (1952 Code § 5-24-03; amd. Ord. 38-15, 8-25-2015; 2019 Code)
B. Fee: Every application to transfer a taxicab vehicle license shall be accompanied by a nonrefundable transfer fee in an amount established by the City Council and listed on the most current City Clerk fee schedule.
C. Conditions: Prior to the issuance of a transferred taxicab vehicle license, the proposed taxicab shall:
1. Meet all requirements of this article and chapter 1, article A of this title;
2. Pass all inspections required by this article; and
3. Be insured as required by this article. A valid certificate of insurance covering the taxicab to which the license will be transferred shall be provided to the Licensing Officer prior to the effective date of the transfer.
D. Surrender; New License Issued: Every license being transferred shall be surrendered to the Licensing Officer. A new license will be issued by the Licensing Officer upon successful completion of the transfer.
E. Business License Nontransferable: No taxicab business license shall be transferred.
F. Driver's License Nontransferable: No taxicab driver's license shall be transferred.
G. Penalty: A violation of any provision of this section shall be an infraction, subject to penalty as provided in section 1-4-2 of this Code. (1952 Code § 5-24-04; amd. 2019 Code)
A. Civil License Penalty: Every civil license penalty imposed by the Licensing Officer shall be proportional to the type and severity of the violation.
B. License Denial: In the event the Licensing Officer, in his/her discretion, determines that an applicant fails to qualify for a license governed by this article, the Licensing Officer shall deny such applicant a license pursuant to the procedure set forth in sections 3-1A-16 through 3-1A-27 of this title.
2. Notice of a denial shall be deemed properly served if sent by United States Postal Service, certified mail, to the address on file in the City Clerk's Office that was provided by the applicant, or if notice is hand served upon the applicant. An applicant's failure to accept, acknowledge or receive notification of a denial shall not invalidate the denial, provided notice was served as provided in this section.
C. License Revocation:
1. A third license suspension within one license term shall be deemed a revocation.
2. Every license revocation shall be effective at twelve o'clock (12:00) midnight on the third day following the date written notice is sent to the licensee.
D. License Suspension: Unless otherwise provided in a notice of violation, every license suspension shall be effective at twelve o'clock (12:00) midnight on the third day following the date written notice of the suspension is sent to the licensee. (1952 Code § 5-24-06; amd. 2019 Code)
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