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Boise, ID Code of Ordinances
CITY CODE of BOISE CITY, IDAHO
ORDINANCES PENDING REVIEW FOR CODIFICATION
ADOPTING ORDINANCE
TITLE 1 ADMINISTRATION
TITLE 2 BOARDS, COMMISSIONS, COMMITTEES
TITLE 3 LICENSES AND PERMITS
TITLE 4 HEALTH AND SANITATION
TITLE 5 PUBLIC SAFETY
TITLE 6 MOTOR VEHICLES AND TRAFFIC
TITLE 7 PUBLIC WAYS AND PROPERTY
TITLE 8 AIRPORT
TITLE 9 BUILDING CODES AND REGULATIONS
TITLE 10 PUBLIC UTILITIES
TITLE 11 DEVELOPMENT CODE
PARALLEL REFERENCES
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3-13A-6: LICENSES REQUIRED; APPLICATION; STANDARDS AND REQUIREMENTS; EXPIRATION AND RENEWAL:
   A.   Taxicab Business License:
      1.   Every person who owns, leases, conducts or operates a taxicab business in the City shall make written application for and obtain a taxicab business license, as set forth in sections 3-1A-5 and 3-1A-6 of this title.
      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:
      1.   Every person who owns, leases, conducts, operates or maintains a taxicab in the City shall make written application for and obtain a taxicab vehicle license as set forth in sections 3-1A-5 and 3-1A-6 of this title.
      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)
3-13A-7: TRANSFER OF LICENSE:
   A.   Vehicle License; Conditions: A taxicab vehicle license issued pursuant to this article may only be transferred to another vehicle owned by the same person or business, and only upon successful completion of the license application process as set forth in sections 3-1A-5 and 3-1A-6 of this title.
   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)
3-13A-8: DENIAL, REVOCATION AND SUSPENSION:
   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)
3-13A-9: RIGHT OF REVIEW:
Every applicant who, upon application, is denied a license governed by this article, or who has a license governed by this article suspended or revoked, shall have a right of review. Unless otherwise expressly provided herein, review procedures shall follow those set forth in chapter 1, article A of this title. (1952 Code § 5-24-07; amd. 2019 Code)
3-13A-10: TAXICABS LICENSED ELSEWHERE:
   A.   Permitted: Taxicabs and taxicab drivers licensed by a municipality other than the City may transport passengers from outside the City to a destination within the City.
   B.   Applicability: This section shall apply only to taxicabs and taxicab drivers licensed by a municipality that grants reciprocal rights to taxicabs licensed by the City.
   C.   Prohibition: It shall be unlawful for the owner or driver of a taxicab licensed by a municipality other than the City to seek or accept passengers within the City, except such passengers whose destination is directly to a point in such other municipality.
   D.   Unlicensed: Prior to transporting any passenger into the City, and prior to seeking or accepting any passenger within the City, a vehicle or driver that is not licensed by another municipality that grants reciprocal rights to taxicabs licensed by the City shall obtain all required City licenses.
   E.   Penalty: A violation of any of the provisions of this section shall be an infraction, subject to penalty as provided in section 1-4-2 of this Code. (1952 Code § 5-24-08; amd. 2019 Code)
3-13A-11: TAXICAB INSURANCE REQUIRED:
   A.   Insurance Required: Every taxicab in operation within the City shall be continuously insured under a commercial automobile liability policy of insurance issued by an insurance carrier duly authorized to do business in the State that provides coverage in the amount of five hundred thousand dollars ($500,000.00) combined single limits.
   B.   Certificate: Every taxicab business licensee and taxicab vehicle licensee shall tender to the Licensing Officer a certificate of insurance designating the taxicabs covered and certifying that insurance of the type and in the amount required by this article is in effect. Said certificate of insurance shall specify as the certificate holder Boise City, P.O. Box 500, Boise, Idaho 83701-0500.
   C.   Changes In Policy: Every taxicab business licensee and taxicab vehicle licensee shall notify the Licensing Officer in writing of the voluntary or involuntary cancellation of, or changes to, any policy of insurance on any taxicab owned or operated by the licensee within two (2) business days of such cancellation or change.
   D.   Additional Civil License Penalties For Insurance Violation:
      1.   In addition to the criminal penalties prescribed therefor, any one or more of the following acts or omissions shall be grounds for immediate revocation of all licenses issued pursuant to this article held by that licensee:
         a.   Failure to maintain valid insurance of the type and in the amount required by this article for all taxicabs owned or operated by the licensee;
         b.   Failure to notify the Licensing Officer of the cancellation of a policy of insurance on any taxicab owned or operated by the licensee within two (2) business days of such cancellation;
      2.   In addition to the criminal penalties prescribed therefor, any one or more of the following acts or omissions shall be grounds for immediate suspension of all licenses issued pursuant to this article held by that licensee:
         a.   Failure to tender any insurance certificate required by this article to the Licensing Officer;
         b.   Failure to notify the Licensing Officer of any changes to a policy of insurance on any taxicab owned or operated by the licensee within two (2) business days of such change;
         c.   Failure to provide proof of liability insurance for inspection upon request of the Licensing Officer;
         d.   Failure of a taxicab driver to have in their possession proof of liability insurance of the type and in the amount required by this article at all times when the vehicle is operated within the City. (1952 Code § 5-24-09; amd. 2019 Code)
3-13A-12: TAXICABS:
   A.   Taxicab Age And Usage Limitations:
      1.   Age Limits: Except as expressly provided herein, no vehicle that exceeds either of the following limits shall be licensed as a taxicab:
         a.   Age: Seven (7) years of age; or
         b.   Miles: Five hundred thousand (500,000) miles or more.
      2.   Computation: The taxicab age shall be computed using the model year of the vehicle and December 31 of the year in which the taxicab vehicle license is sought. (For example, if a vehicle is a 2004 model year and the application for a taxicab vehicle license is submitted in July 2012, that vehicle is 8 years of age.)
      3.   Exemptions:
         a.   Specified: If the safety and equipment standards and requirements contained in this article are met, the following vehicles may be licensed and used in taxicab service until the age and/or mileage limits indicated:
            (1)   A vehicle seven (7) years of age or older may be licensed and used in taxicab service until it reaches ten (10) years of age or one million (1,000,000) miles on the odometer, whichever occurs first, upon a determination that the vehicle meets or exceeds all standards and requirements established pursuant to subsection B7 of this section;
            (2)   A wheelchair accessible vehicle may be licensed and used in taxicab service until it reaches eleven (11) years of age or one million one hundred thousand (1,100,000) miles on the odometer, whichever occurs first;
            (3)   A clean fuel or clean air vehicle that meets or exceeds the ultra low emission vehicle standard may be licensed and used in taxicab service until it reaches eleven (11) years of age or one million one hundred thousand (1,100,000) miles on the odometer, whichever occurs first.
         b.   Exemption For Classic, Vintage Or Antique Vehicles:
            (1)   A vehicle that is determined by the Licensing Officer to qualify as a "classic", "vintage" or "antique" vehicle, pursuant to criteria developed, promulgated and published by the Licensing Officer as an administrative regulation, may qualify for an exemption to the vehicle age and usage requirements of this article.
            (2)   An applicant who seeks this exemption shall notify the Licensing Officer at the time of application of the intent to operate a classic, vintage or antique vehicle as a taxicab.
            (3)   Every classic, vintage or antique vehicle for which a taxicab vehicle license is sought shall comply with all safety and inspection requirements set forth in this article.
            (4)   The process of applying for a taxicab vehicle license for a classic, vintage or antique vehicle may require additional time.
            (5)   The Licensing Officer may, if reasonably necessary to protect the public health, safety and welfare, place conditions and/or restrictions on the operation and use of a taxicab vehicle license for a classic, vintage or antique vehicle.
            (6)   Any person who operates a classic, vintage or antique vehicle as a taxicab and does not comply with the conditions and restrictions placed on operation of the vehicle by the Licensing Officer is guilty of an infraction, subject to penalty as provided in section 1-4-2 of this Code.
         c.   Inspection: Every taxicab to which any exemption may apply shall be inspected by the City shop, and must pass said inspection at the beginning of the process of application for a taxicab vehicle license.
      4.   Exemption: The vehicle age and usage limits contained herein shall not apply to any taxicab originally licensed prior to the effective date hereof, provided such taxicab has been licensed continuously at all times since first licensed by the City. Any lapse in the taxicab licensing or transfer of such vehicle to a different owner or entity shall automatically void this exemption to the taxicab vehicle age and usage limits.
   B.   Required Taxicab Inspections:
      1.   Quarterly: Every taxicab shall submit to a quarterly inspection to assess compliance with the standards and requirements contained in this article.
      2.   Pass Inspection: No vehicle shall be issued a taxicab vehicle license unless and until that vehicle has passed an inspection in accordance with the standards and requirements contained in this article.
      3.   Nonconformance: In addition to all other prescribed penalties for violations of this article, any person who owns, leases or operates a taxicab that does not conform to the minimum inspection standards and requirements set forth in this section shall be subject to immediate suspension or revocation of the taxicab vehicle license held by that person.
      4.   Annual Inspection: Every taxicab placed in service or licensed after February 2, 2012, shall submit to and pass an annual inspection conducted by the City. This annual inspection shall occur in lieu of one quarterly inspection required herein.
      5.   Time, Place Designated: All taxicab inspections, and all inspections of vehicles for which a taxicab vehicle license application has been filed, that are conducted by the City, shall be made at the time and place designated by the Licensing Officer.
      6.   Penalty: A violation of any of the provisions of this subsection B shall be a misdemeanor, subject to penalty as provided in section 1-4-1 of this Code.
      7.   Standards And Requirements: To pass the quarterly and annual inspections required by this article, all taxicabs shall meet or exceed the following standards and requirements, unless specifically provided otherwise within this article:
         a.   Tires:
            (1)   Tires shall not have cuts, breaks, gaps or show excessive or uneven wear.
            (2)   Tire wear bars shall not be showing.
            (3)   Tire tread depth shall be no less than two thirty-seconds (2/32) of an inch of an original tire.
            (4)   The vehicle shall have a spare tire that is fully inflated and meets the same requirements as tires installed on the vehicle.
            (5)   The vehicle shall have a jack or other device capable of lifting the vehicle to enable a tire to be changed.
            (6)   Tires shall all be of the same size and type (either radial or bias).
         b.   Body Condition:
            (1)   The vehicle body shall be in good condition, free of holes, excessive wear and torn metal.
            (2)   A front and a rear bumper shall be firmly attached.
            (3)   The vehicle body shall be free of any unrepaired body damage.
            (4)   The vehicle shall be completely and properly painted in conformance with the color scheme required by this article and approved in advance by the Licensing Officer.
         c.   Lights:
            (1)   Headlights shall be intact and operable on both high and low beam.
            (2)   Tail lights, parking lights, brake lights, top light and signal lights shall be intact and operable.
            (3)   An interior light capable of illuminating the interior shall be operable.
         d.   Windshield Wipers:
            (1)   All windshield wipers shall be operable.
            (2)   Windshield wiper blades shall be in good condition.
         e.   Brakes:
            (1)   Both the parking brake and all four (4) wheel brakes shall be operable and in good condition.
            (2)   All brake shoes and pads shall have a safe amount of wear remaining.
            (3)   Brake pedal travel shall not exceed two and one-half inches (21/2").
         f.   Steering:
            (1)   The steering system shall be in good mechanical order.
            (2)   All steering components shall meet the minimum specifications and standards set by the manufacturer.
         g.   Exhaust System:
            (1)   Mufflers shall not have any holes.
            (2)   Mufflers shall be firmly attached to the exhaust and tailpipes.
            (3)   Tailpipes shall extend beyond the passenger compartment, fully to the rear of the vehicle.
            (4)   All emission control devices shall be attached, and shall be in proper working order.
         h.   Windows:
            (1)   The windshield shall be completely free of cracks, and shall be free from chips or pitting that interferes with the driver's vision.
            (2)   Door windows shall be free of cracks and shall be operable as they were intended by the manufacturer.
         i.   Door Handles And Locks:
            (1)   All door handles and latches shall be operable from both the inside and outside of the vehicle.
            (2)   All door locks shall be operable by the passenger.
         j.   Seat Belts:
            (1)   The vehicle shall be equipped with sufficient operable seat belts to provide safety to each passenger.
            (2)   The seat belts shall comply with State law.
         k.   Suspension:
            (1)   There shall be no broken or weak springs.
            (2)   Shock absorbers shall not be weak or defective.
            (3)   All suspension components shall meet the minimum specifications and standards set by the manufacturer.
         l.   Appearance:
            (1)   The engine compartment shall be kept reasonably clean and free of uncontained combustible material.
            (2)   The exterior shall be kept clean and well maintained.
            (3)   The interior shall be kept clean and free of garbage.
            (4)   The seats and upholstery shall be kept clean and free of holes and tears.
            (5)   The vehicle shall be kept free from dirt, grime and stains.
            (6)   No vehicle shall have floor covering, headliner or upholstery that is worn through or torn.
            (7)   No vehicle shall have unauthorized signs, markings or stickers affixed thereto.
            (8)   Every wheel shall be covered by a matching hubcap, where there is a place for such hubcap.
            (9)   Every taxicab shall be maintained free of noxious, unhealthy or unpleasant odors, fumes, stenches and smells, including, but not limited to, urine, feces, smoke, fuel or vomit.
            (10)   Smoking within a taxicab shall be strictly prohibited as set forth in subsection 5-11-8O of this Code.
      8.   Emission Standards: Every taxicab shall comply with Ada County Motor Vehicle Emissions Standards and Regulations, regardless of where the vehicle itself is registered, and shall have a valid certificate of compliance, in addition to the inspection requirements listed above.
      9.   Performance Of Inspections:
         a.   When Performed: All inspections required by this section shall be performed prior to the issuance or renewal of a taxicab vehicle license, and every calendar quarter thereafter.
         b.   Designation Of Color: The Licensing Officer will designate each taxicab with a color, based upon the month of the taxicab's first inspection:
 
Color
Month Of Taxicab's First Inspection
Green
January, April, July or October
Blue
February, May, August or November
Orange
March, June, September or December
 
         c.   Inspection Based On Color: Each taxicab shall be inspected once per calendar quarter, in the month matching the vehicle's designated color, as shown in the following calendar:
First Quarter
January - Green
February - Blue
March - Orange
Second Quarter
April - Green
May - Blue
June - Orange
Third Quarter
July - Green
August - Blue
September - Orange
Fourth Quarter
October - Green
November - Blue
December - Orange
 
      10.   Rules, Guidelines For Inspections: The Licensing Officer is authorized to establish additional rules and guidelines governing the timing of, and scheduling procedure for, quarterly and annual taxicab inspections.
      11.   Additional Inspections: The Licensing Officer may, upon determining the existence of good cause therefor, require any taxicab vehicle applicant or licensee to submit any taxicab vehicle to an additional inspection.
      12.   Maintenance Required: Every requirement of this section shall be maintained throughout the inspection quarter, and throughout the term of the taxicab vehicle license.
      13.   Inspections Of Vehicles Seven Years Of Age Or Older; Additional Standards And Requirements:
         a.   Quarterly: Quarterly inspections of all vehicles seven (7) years of age or older shall be completed using inspection standards and requirements that are more stringent than those set forth herein.
         b.   Standards, Requirements Established: The inspection standards and requirements for taxicabs seven (7) years of age or older shall be established and promulgated by the Licensing Officer, in consultation and collaboration with the City shop.
      14.   Inspection Fees:
         a.   Required: Every initial quarterly vehicle inspection shall be accompanied by a fee in an amount established by the City Council and listed on the most current City Clerk license fee schedule.
         b.   Nonrefundable: All fees are nonrefundable and shall be collected in advance of the inspection.
         c.   Reinspection: If any inspection results in the need for reinspection of the vehicle, a reinspection fee in an amount established by the City Council and listed on the most current City Clerk license fee schedule shall be charged.
         d.   Additional Fee: If any reinspection requires elevation of the vehicle or any reinspection of the taximeter, an additional fee in an amount established by the City Council and listed on the most current City Clerk license fee schedule shall be charged.
      15.   Approved Inspection Locations:
         a.   Review, Approve: The Licensing Officer shall review and approve persons that inspect taxicabs pursuant to the requirements of this article.
         b.   Persons Approved: All inspections required by this article shall be performed by persons approved to conduct such inspections.
         c.   Conflicts: No person related to or affiliated with the taxicab owner or operator, or related to or affiliated with the taxicab business licensee, shall be approved to inspect taxicabs pursuant to this article.
   C.   Taxicab Inspection Decal:
      1.   Issued: Upon passing the initial or the first quarter inspection required by this article, a taxicab shall be issued two (2) identical inspection decals by the Licensing Officer.
      2.   Design, Color, Type: The design, color and type of inspection decal will be determined by the Licensing Officer, with the color of the inspection decal changing annually.
      3.   Affix: The Licensing Officer shall affix the inspection decals to the taxicab, with one inspection decal affixed on each side of the taxicab.
      4.   Nontransferable: Inspection decals shall not be transferable, and shall be affixed or removed only by the Licensing Officer.
   D.   Approved Color Scheme, Name, Trade Name And License Number:
      1.   Submission For Approval: Every owner of a taxicab or fleet of taxicabs shall submit a distinctive and uniform color scheme to the Licensing Officer for approval at the time of making application for a taxicab vehicle license pursuant to this article.
      2.   Conflicts: No color scheme shall be approved that directly conflicts with an approved color scheme, monogram, trade name, design or insignia that is already in use on another licensed taxicab.
      3.   Content On Outside Of Vehicle: Every taxicab shall have, on both sides and on the rear of the vehicle, either painted upon it or permanently affixed to it by means of a plate or other device approved by the Licensing Officer:
         a.   Trade Name: The trade name under which the taxicab is operated;
         b.   License Number: The taxicab vehicle license number; and
         c.   Telephone Number: The telephone number by which the Licensing Officer or a member of the public will have the ability to contact the licensee.
      4.   Lettering: All lettering required to be affixed to the exterior of a taxicab shall be at least two inches (2") in height, and shall be of a color that is in clear contrast to the dominant color of the color scheme.
      5.   New, Additional Vehicles: New, additional or repainted vehicles owned or operated by the same person shall conform to the same color scheme approved for that person's taxicabs, and all vehicles owned or operated by the same person shall display the same approved color scheme design, and trade name. All new, additional or repainted vehicles shall be subject to all inspection and approval requirements set forth in this article.
      6.   Operating As Other Than Taxicab: No vehicle that bears a taxicab color scheme, has a taxicab top light permanently affixed, is licensed as a taxicab or holds itself out to be a taxicab, regardless of license status, shall be operated as other than a taxicab, unless:
         a.   Top Light Covered: The taxicab top light is completely and securely covered in such a way that it is not visible; and
         b.   Logos, Trade Names Covered: All taxicab logos and trade names visible to the exterior of the vehicle are completely and securely covered, such that they are not visible; and
         c.   Approval Of Covering Devices: All covering devices used to comply with this subsection shall be approved by the Licensing Officer prior to use on the taxicab.
      7.   Unapproved Stickers, Signs: No taxicab shall have affixed to it any unapproved or unauthorized sticker, sign, banner or magnet.
      8.   Penalty: A violation of any of the provisions of this subsection D shall be an infraction, subject to penalty as provided in section 1-4-2 of this Code.
   E.   Taximeters:
      1.   Required: Every taxicab shall be equipped with, and have permanently attached thereto, a taximeter that automatically registers the amount of the fare charged. Every fare shall be:
         a.   Miles Traveled: Automatically computed and registered in proportion to the miles traveled by the taxicab; or
         b.   Combination Of Miles, Time: Automatically computed and registered by a combination of miles traveled and time elapsed.
      2.   Installation; Display: Every taximeter shall be installed so the taximeter and the amount of fare displayed thereon shall be plainly visible to the passengers riding in the taxicab.
      3.   Illumination: The face of every taximeter shall be illuminated by a suitable light, or shall bear letters and numbers that are sufficiently backlit, to be plainly visible to a passenger seated in the rear seat.
      4.   Connection, Operation: Every taximeter shall be connected to and operate from a wheel or from the transmission of the motor of the taxicab.
      5.   Calibration, Inspection, Testing: The taximeter shall be calibrated, inspected and tested for each rate or fare required and set by this article, and the taximeter case shall be sealed by the City shop or such other person designated by the Licensing Officer.
      6.   Conflicts: No person related to or affiliated with the taxicab owner or operator, or related to or affiliated with the taxicab business licensee, shall calibrate, inspect, test or seal any taximeter.
      7.   Requirement Of Owner: It shall be the duty of the owner of the taxicab to have the taximeter inspected and approved as required by this article.
   F.   Top Light ("For Hire" Signal):
      1.   Required: Every taxicab shall be equipped with a top light, which shall be connected to and activated by the taximeter to denote whether or not such taxicab is available for hire.
      2.   Illumination While Carrying Passengers Prohibited: It shall be unlawful for any taxicab driver, while carrying passengers or while under employment, to illuminate a top light.
      3.   Requirements: Every top light shall be:
         a.   Permanent: Permanently affixed to the roof of the taxicab.
         b.   Color: White or yellow, and emit only white or yellow light.
         c.   Daylight: Visibility: Clearly visible during daylight hours from a distance of at least one hundred fifty feet (150').
         d.   Night Visibility: Clearly visible at night, when illuminated, from a distance of at least three hundred feet (300').
      4.   Penalty: A violation of any of the provisions of this subsection F shall be an infraction, subject to penalty as provided in section 1-4-2 of this Code. (1952 Code § 5-24-10; amd. 2019 Code)
3-13A-13: IMMEDIATE OUT-OF-SERVICE:
   A.   Notification: Subject to a right of review, every taxicab owner or operator shall remove any taxicab from operation or service immediately upon notification from the Licensing Officer that the taxicab qualifies for "immediate out-of-service" designation.
   B.   Conditions: A taxicab qualifies for "immediate out-of- service" designation when any of the following conditions are present:
      1.   The vehicle is found to be in an unsafe operating condition.
      2.   Noncompliance with this article, that poses a clear and immediate threat to the health, safety and welfare of the public.
      3.   A notice of violation or infraction citation was issued for vehicle or equipment defect or condition, with due notice given to correct the defect, deficiency or condition, and the defect, deficiency or condition was not corrected within the time period stated on the notice of violation or infraction citation.
      4.   The vehicle has not passed an inspection required by this article.
      5.   The vehicle does not contain proof of valid insurance of the type and in the amount required by this article.
   C.   Operation Prohibited: A taxicab designated "immediate out- of-service" bearing such notification or decals shall not be operated, except as may be necessary to return the taxicab to the residence or place of business of the owner or operator, or to a garage or repair facility, until the taxicab has been deemed to be in conformance with all requirements of this article.
   D.   Reinspection; Fee: Every taxicab designated "immediate out-of-service" shall be reinspected and cleared by the Licensing Officer prior to returning to service or operation. A reinstatement fee in an amount established by the City Council and listed on the most current City Clerk license fee schedule shall be required prior to the taxicab being placed back in service. (1952 Code § 5-24-11; amd. 2019 Code)
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