3-13B-5: DEFINITIONS:
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.
A-WEIGHTED SOUND LEVEL:
The sound level measured in decibels ("dBA") using the A-weighted network which is the network that most closely resembles what the human ear hears.
APPLICANT:
A person making an application for a license, or the renewal thereof, to own, lease, use, operate, drive or maintain a commercial transportation vehicle.
AUTO TRANSPORTATION SERVICE:
Any business operating one or more commercial transportation vehicles for hire by prearranged appointment only, at hourly, daily or weekly rates, or as agreed upon by the passenger and business, and which is conducted or maintained for the purpose of providing transportation with services carrying passengers for hire, and which transports passengers between points and over such routes as may be directed by a passenger, and not on a regular route.
BUS:
A motor vehicle used for the purpose of transporting people with a minimum capacity of sixteen (16) passengers which is hired to provide services for a passenger or group of passengers traveling from one location to another for a common purpose, or which provides regular route service from one location to another and which is subject to the Federal Motor Carrier Safety Regulations under the jurisdiction of the Idaho State Police and Idaho Transportation Department.
COMMERCIAL TRANSPORTATION SERVICE BUSINESS LICENSE:
A license to engage in a business operating one or more commercial transportation vehicles for the purpose of an auto transportation service, limousine service, shuttle service, touring vehicle service, or any other service for the purpose of transporting passengers between specified points on either a regular route or at the direction of the passenger at fares agreed upon by the passenger and business. Such a service does not include taxicabs which are regulated separately under article A of this chapter. Such service does not include a "bus" or "courtesy vehicle service", as defined in this section.
COMMERCIAL TRANSPORTATION SERVICE DRIVER'S LICENSE:
A license to drive, operate or have charge of a commercial transportation vehicle pursuant to, and in conjunction with, a valid commercial transportation service business license.
COMMERCIAL TRANSPORTATION VEHICLE:
Any motorized or non-motorized vehicle used to transport passengers for hire or any other consideration as defined herein. This definition does not include the use of taxicabs operated pursuant to article A of this chapter, buses, courtesy vehicle service vehicles, or vehicles operated as part of a governmentally sponsored program. A commercial transportation vehicle shall only be operated by a driver possessing a commercial transportation service driver's license pursuant to a commercial transportation service business license.
COURTESY VEHICLE SERVICE:
Any service operating one or more commercial transportation vehicles on behalf of a business, such as a hotel, convention center or other business entity, for the purpose of transporting passengers who are patronizing that business, to or from the business. Such vehicles are not for hire by the general public at any time, and shall be clearly marked with the business name or logo, owned by, leased by or contracted for by the business, and exclusively dedicated to serve the business and patrons of the business, at no charge to the patron. Courtesy vehicles may not provide transportation to any passenger for a charge. Tips or gratuities may be offered to the driver at the conclusion of the service, at the sole discretion of the passenger, but may not be solicited or negotiated by the driver at any time.
DECIBEL OR DB:
A unit for measuring the relative loudness or intensity of sounds.
DOWNTOWN BUSINESS IMPROVEMENT DISTRICT (DOWNTOWN BID):
Area bounded by State Street, Fourth Street, Myrtle Street and Thirteenth Street in Boise City, Idaho.
DRIVER:
Any person who drives or who is in actual physical control of any commercial transportation vehicle. "Actual physical control", as used in this article, shall be defined as being in the driver's position of the commercial transportation vehicle with the motor running or, if no motor exists in the vehicle, with the vehicle moving.
FARE:
Money or other value given in exchange for transporting a person or passenger pursuant to a commercial transportation business license, based upon agreement between the passenger and business.
LICENSING OFFICE:
The City Clerk or his/her designee.
LIMOUSINE SERVICE:
Any business operating one or more commercial transportation vehicles for hire by prearranged appointment only, at hourly, daily or weekly rates as agreed upon between the passenger and business, which is conducted or maintained for the purpose of providing luxury transportation with services carrying passengers for hire, and which transports passengers between points and over such routes as may be directed by a passenger, and not on a fixed route. Such vehicles include, but are not limited to, limousines, luxury town cars, "party buses" and stretch sport utility vehicles.
MOTORIZED COMMERCIAL TRANSPORTATION VEHICLE:
Any vehicle with a motor that is powered by gasoline, electricity, or other fuel, and is used to transport passengers for hire or other consideration. Examples of motorized commercial transportation vehicles shall include, but not limited to those used for auto transportation services, limousine services, touring vehicle services, or shuttle services.
NON-MOTORIZED COMMERCIAL TRANSPORTATION VEHICLE:
Any vehicle without a motor that is powered by humans or is drawn by animals such as horses or donkeys and is used to transport passengers for hire or other consideration. Examples of non-motorized commercial transportation vehicles shall include, but not limited to bicycle bars, rickshaws, pedicabs, or horse-drawn carriages.
PERSON:
Any person, firm, partnership, association, corporation, company or any organization of any kind.
PREARRANGED APPOINTMENT:
Transportation for a passenger or group of passengers that is arranged in advance, or pursuant to a regular route between specified points, and is provided in a commercial transportation vehicle.
SHUTTLE SERVICE:
Any business operating one or more commercial transportation vehicles for hire by prearranged appointment and not on a regular route and charged on a per passenger basis, which may make multiple stops, picking up one or more fare paying passengers, on the way to one or more destination.
SOUND LEVEL METER:
A device capable of measuring sound using A-weighting.
TOURING VEHICLE SERVICE:
Any business operating one or more commercial transportation vehicles, other than one rented without a driver, or a taxicab, bus or limousine, or incident to a governmentally sponsored program, used for the transportation of more than four (4) passengers for hire for sightseeing, educational tours or other such similar excursions, the charges for which are determined by the length of time for which the vehicle is engaged, the distance traveled, a fixed fee, or any combination of such methods of determining such charges. (1952 Code § 5-03-01; amd. 2019 Code; Ord. 53-20, 1-12-2021)