In addition to the unlawful practices and illegal acts and omissions proscribed throughout this article, each of the following acts or omissions shall be unlawful:
A. Licenses Required:
1. Every person who drives, operates or is in actual physical control of a taxicab within the City shall be in actual possession of all required licenses, all of which shall be posted, as required by this article.
2. No person shall drive or operate, or permit to be driven or operated, or participate in the driving or operation of a taxicab within the City, unless pursuant to a valid taxicab business license.
3. No person shall drive or operate, or permit to be driven or operated, or participate in the driving or operation of a taxicab within the City, unless pursuant to a valid and vehicle specific taxicab vehicle license.
4. No person shall drive, operate or be in actual physical control of a taxicab within the City unless that person is a licensee in possession of a valid taxicab driver's license.
5. No person owning, leasing, operating or otherwise in control of a taxicab business or vehicle shall employ or contract with a taxicab driver unless such driver is licensed as required by this article.
B. Licenses; Generally:
1. All licenses issued pursuant to this article shall remain the property of the City, and shall be surrendered to the Licensing Officer within seventy two (72) hours of suspension, revocation, or expiration thereof, or upon demand by the Licensing Officer.
2. No person shall have in their possession any license issued pursuant to this article that has been suspended, revoked or that has expired.
3. Every applicant and licensee shall notify the Licensing Officer in writing within two (2) business days upon the change of any of the information provided by the applicant or licensee in the license application submitted to the Licensing Officer.
4. Every applicant and licensee shall notify the Licensing Officer in writing within two (2) business days in the event the applicant or licensee loses any qualification, or gains any disqualification, for licensure pursuant to this article.
5. Every person driving, operating or in charge of a taxicab shall have all required licenses posted in the taxicab at all times the licensee is driving, operating or in charge of the taxicab. All licenses shall be posted in full and clear view of any passenger in the rear seat of the taxicab.
6. Every licensee, upon request or demand of the Licensing Officer, a peace officer, or a passenger or potential passenger, shall immediately present all required licenses for inspection.
7. No licensee shall permit or allow the use or possession of that person's license by any other person.
8. No licensee shall permit or allow any unlicensed person to operate or drive a taxicab.
9. No licensee whose license was issued with limitations, restrictions or conditions shall fail to obey and adhere to the prescribed limitations, restrictions or conditions.
10. No person with any license issued pursuant to this article that has expired or has been suspended or revoked shall operate any taxicab. Any operation of a taxicab during the period of suspension or following a license revocation or expiration shall be deemed a separate offense for each day on which the taxicab is illegally operated.
C. Insurance Required:
1. A certificate or proof of liability insurance of the type and in the amount required by this article shall be tendered to the Licensing Officer prior to operation of the covered taxicab.
2. The owner and the driver of a taxicab shall ensure that the proof of liability insurance of the type and in the amount required by this article is carried in the taxicab covered by the insurance and shall be immediately provided for inspection upon request of the Licensing Officer.
3. No person shall fail to notify the Licensing Officer in writing within two (2) business days of any change to or cancellation of any policy of insurance covering any taxicab under that person's ownership, care or control.
D. Inspection And Safety:
1. No person shall operate any vehicle as a taxicab unless and until said vehicle has passed all inspections required by this article and has valid inspection decals affixed thereto as required by this article.
2. No person shall fail to present a taxicab under their ownership, care, control or operation for a scheduled inspection to be conducted by the City at the time and place designated by the Licensing Officer.
3. Every taxicab owner or operator shall make any taxicab under their ownership, care, control or operation immediately available for inspection at any time upon reasonable notice from the Licensing Officer.
4. No person shall substitute vehicle equipment or parts subsequent to inspection unless such substituted equipment or parts are in equal or better condition than the equipment or parts being replaced.
5. No person shall operate any taxicab that does not have two (2) valid inspection decals affixed thereto.
6. No person, other than the Licensing Officer, shall affix, remove, destroy or deface any inspection decal.
7. Every taxicab owner or operator shall notify the Licensing Officer in writing within two (2) business days of the removal, destruction or defacement, other than by the Licensing Officer, of any inspection decal affixed to a taxicab within his or her ownership, care or control.
8. No person shall operate any taxicab in excess of the vehicle age and use limits set forth in this article, unless pursuant to an exemption authorized by this article and approved by the Licensing Officer.
9. Every taxicab owner, operator and licensee shall ensure that every taxicab under his/her ownership, care or control conforms with all safety and inspection requirements set forth in this article at all times the taxicab is in operation.
10. Every person who operates a classic, vintage or antique vehicle as a taxicab shall comply with all conditions and restrictions placed on operation of the vehicle by the Licensing Officer. A violation of this subsection is an infraction, subject to penalty as provided in section 1-4-2 of this Code.
E. Immediate Out-Of-Service:
1. Every vehicle designated "immediate out-of-service" shall be removed from operation or service at the time notice of the "immediate out-of-service" designation is given, and shall not return to service or operation until inspected and cleared, in writing, by the Licensing Officer.
2. It shall be unlawful for any person to drive, operate or permit or allow the operation of any taxicab designated "immediate out-of-service".
3. No person, other than the Licensing Officer, shall affix, remove, destroy, or deface any "immediate out-of-service" decal.
F. Taximeter:
1. It shall be unlawful for any person to drive, operate or permit or allow the operation of a taxicab in the City unless such taxicab is equipped with a taximeter that meets all requirements of this article.
2. It shall be unlawful for any person to tamper with or alter any gear, wheel or other part of a taxicab or taximeter that would alter, or cause the alteration of, the rates set forth in this article.
3. It shall be unlawful to change any taximeter from one taxicab to another unless such taximeter is reinspected, tested and resealed, as required herein.
4. No person shall drive, operate or permit the operation of any taxicab having an unsealed taximeter, or having a taximeter that does not have its cover and all gears intact.
5. No person shall drive, operate or permit the operation of any taxicab with a taximeter having or containing an unauthorized rate or fare.
G. Rates And Fares:
1. Unlawful To Increase Charge: Except as otherwise provided in this article, it shall be unlawful for any person to charge, demand, collect or receive any rate, fare or charge that is greater than one directly based on, measured and computed by, and displayed upon an inspected, approved and sealed taximeter.
2. Not In Compliance With Rate/Fare Schedule: It shall be unlawful for any licensee to engage any rate or fare on a taximeter that is not in compliance with the schedule set forth in this article.
3. Compliance With Rate Schedule: No taxicab rate, fare or other fee shall be charged by any person unless it complies with the schedule set forth in this article.
4. Current Rates Posted: Every taxicab shall have posted, in a conspicuous place visible to all passengers, the current rate card or sticker furnished by the Licensing Officer.
5. Taximeter Activated: The taximeter shall be activated and used in all cases where the taxicab is employed to carry or convey a passenger or passengers.
6. Most Direct Route: Unless specifically directed by the passenger, it shall be unlawful for any taxicab driver or operator to fail to use the most direct route possible to a stated destination.
a. For purposes of this subsection, "most direct route possible" shall mean the shortest geographical distance between the point at which the taxicab was hired and the passenger's stated destination.
b. For example, any taxicab driver who conveys a passenger from the airport into downtown Boise via I-184 ("the connector"), unless specifically directed by the passenger to do so, shall be in violation of this section.
7. Receipt Provided: Every driver of a taxicab shall provide a receipt that includes, at a minimum, the following information:
a. The rate, fare and charge incurred by the taxicab customer; and
b. The name, address and telephone number of the taxicab company; and
c. The correct date and time of the fare.
8. Exact Change Provided: Every taxicab driver shall provide exact change upon payment of a fare, unless directed otherwise by the customer.
9. Credit And Debit Cards:
a. Every taxicab and taxicab driver must have the ability to lawfully accept debit and credit cards at the time the taxi ride is complete and before the customer exits the taxicab, and shall do so only with a verified merchant account that is unique to their taxicab business. No driver shall copy, write down or record, outside of the lawful use of a credit card reader, a customer's credit card number, expiration date or security code.
b. Except as otherwise provided herein, upon a customer's presentation of a credit or debit card as their chosen method of payment, the taxicab driver shall immediately process the transaction electronically in the presence of the customer.
c. A credit or debit card transaction may be processed manually (nonelectronically) during brief periods of time when the electronic credit and debit card processing system is inoperable through no fault of the taxicab company or driver, if all of the following conditions are met:
(1) The taxicab driver shall notify the Licensing Officer within twenty four (24) hours of manually processing a credit or debit card transaction;
(2) The charge shall be submitted for payment within twenty four (24) hours of manually processing a credit or debit card transaction utilizing such taxicab business's verified merchant account;
(3) Personal information safety control measures, protecting the customer's personal and financial information, are followed; and
(4) In the event a taxicab's electronic credit and debit card processing system is inoperable for longer than twenty four (24) consecutive hours, that taxicab shall not be operated as a taxicab until the processing system is returned to full operation.
10. No Minimum Fare: No taxicab shall have a "minimum fare requirement" for payment by credit card.
11. Fare/Charge Paid When Hired: Every person who hires or employs a taxicab shall pay the fare or charge for the taxicab service provided.
H. Top Light:
1. Every taxicab shall be equipped with a top light, which shall be connected to and activated by the taximeter to denote whether or not the taxicab is available for hire.
2. Every top light shall meet all requirements and specifications contained in this article.
3. No taxicab driver, while carrying any passenger or while hired or under employment, shall illuminate a top light.
I. Color Scheme; Design:
1. No person shall operate a taxicab bearing an unapproved color scheme or a color scheme that does not comply with the requirements of this article.
2. Once a color scheme is approved, no person shall modify, alter or change any element of the approved color scheme without prior written approval of the Licensing Officer.
3. No person shall drive or operate a taxicab unless the taxicab has, on both sides and on the rear of the vehicle, each of the following either painted upon it or permanently affixed to it by means of a plate or other device approved by the Licensing Officer, with letters of at least two inches (2") in height:
a. The trade name under which the taxicab is operated;
b. The taxicab vehicle license number of the taxicab; and
c. The telephone number by which the owner, lessee, driver or operator of the taxicab can be reached.
4. No person shall operate a taxicab bearing or having attached to it any unauthorized sticker, sign, banner or magnet.
5. No person shall operate a taxicab vehicle licensed pursuant to this article as anything other than a taxicab, unless the top light, all logos, and all instances of the taxicab trade name on the vehicle are completely covered by approved means, as required by this article.
J. No Pick Up/Drop Off Zones:
1. Taxicabs shall not drop off or pick up any passengers within a designated no pick up/drop off zone.
2. Taxicabs shall not occupy, even temporarily or momentarily, for any purpose, any on street parking space within a designated no pick up/drop off zone.
3. No taxicab shall stop, wait, stand or park at any place on a road, street, highway or alley within a designated no pick up/drop off zone, other than as directed or required by a traffic sign, traffic signal or peace officer.
4. A violation of any of the provisions of this subsection J shall be an infraction, subject to penalty as provided in section 1-4-2 of this Code.
K. Ability To Contact:
1. Every applicant and licensee shall maintain a current, valid telephone number, which shall be answered by the licensee during the hours any taxicab operated by the licensee or pursuant to the licensee's taxicab business license is in operation.
2. This telephone number shall be provided to the Licensing Officer, and shall be updated in writing by the applicant or licensee within two (2) days of any change.
3. The telephone number may be answered by a voicemail system, answering service or competent person who takes a message; provided, that the licensee shall return every message left by the Licensing Officer within twenty four (24) hours of the time such message is left.
L. Other Unlawful Practices:
1. No person shall ride on the fenders, hood or any place on the outside of a taxicab, or permit or allow any person to do so.
2. No taxicab driver shall carry or transport any person other than those who first hired or employed the taxicab unless the person or persons who first hired or employed the taxicab expressly consent to the acceptance of additional passenger or passengers.
3. No taxicab driver shall carry more passengers in a taxicab than the rated seating capacity of the taxicab.
4. No taxicab driver shall refuse or neglect to convey, on public roads or private roads open to the public, any orderly person or persons, unless previously hired or employed. Every driver shall have the right to demand payment of a fare in advance if he/she has reasonable grounds to believe that the fare will not be paid at the completion of the trip.
5. No taxicab owner, driver or operator shall attempt to divert patronage from one business entity or person to another.
6. No taxicab owner, driver or operator shall violate any law, rule or airport management practice concerning the conduct of persons owning, operating or having charge of taxicabs on or about airport premises.
7. No licensee shall solicit any person, or assist in the solicitation of any person, to participate in any illegal, illicit, immoral, fraudulent or unlawful act.
8. No licensee shall engage in any unfair or deceptive act or practice.
9. Every taxicab driver shall keep and maintain a daily record, as required by this article.
10. Every taxicab driver, upon request or demand of the Licensing Officer or a law enforcement officer, shall make the required daily record available for inspection.
11. No person shall park a taxicab upon any street, alley or public place in the City where the time for parking is restricted, except in a designated stand or during the time necessary for receiving and discharging passengers at the curb.
12. No person or vehicle, other than a taxicab licensed pursuant to this article, shall occupy or use any taxicab stand.
13. Except as specifically authorized by this article, no person shall mark out, extend or designate any taxicab stand.
14. No taxicab driver shall exceed the maximum number of taxicabs allowed to occupy a taxicab stand.
15. No person shall operate or drive a taxicab while consuming, or affected in any way by, any alcoholic beverage, illegal drug, legally prescribed drug, or "over the counter" drug that may impair or affect the ability to operate a motor vehicle in a safe manner. For the purposes of this subsection, any drug for which a warning, precaution, adverse event or side effect indicating that the drug may impair alertness, motor coordination, mental or physical alertness or abilities, light headedness, dizziness, sedation or similar effect is required by the Food and Drug Administration (FDA) to be printed on the label shall be considered "a drug that may impair or affect the ability to operate a motor vehicle in a safe manner".
16. Every taxicab driver shall retain all lost or unclaimed property for a minimum of thirty (30) days, and upon claim by a passenger, shall transfer such property back to the rightful owner.
17. No person shall consume any beer, wine, alcohol beverage, liquor, tobacco or tobacco product, or illegal drug in a taxicab.
18. Taxicab drivers, while driving, operating or otherwise in actual physical control of a taxicab, are prohibited from having any beer, wine, alcohol beverage or liquor in their possession, on their person or within their control.
19. No taxicab driver shall purchase and transport any beer, wine, alcohol beverage, liquor, or tobacco or tobacco product at the request or direction of any other person for transport or delivery to that person or any other person.
20. No person shall aggressively solicit any other person to engage or hire a particular taxicab that is waiting in a taxicab stand or line.
21. No person shall fail to fully comply with every provision of this article.
22. No taxicab driver shall discriminate against a person with a disability. Discrimination may include, but is not limited to:
a. Refusing to provide taxicab service to a person with a disability; or
b. Refusing to assist with the stowing of any mobility device when the taxicab driver is physically able to assist; or
c. Refusing to transport a service animal; or
d. Charging a higher fare or an additional fee for providing taxicab service to a person with a disability. (1952 Code § 5-24-17; amd. Ord. 50-13, 1-7-2014; 2019 Code)