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Elkhart, IN Code of Ordinances
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§ 116.10 INSURANCE.
   Before any license is issued, the applicant shall file with the City Controller an insurance policy issued by a solvent insurance company, licensed to do business in the State of Indiana, and approved by the Controller, providing insurance coverage for each and every taxicab to be licensed, providing a maximum liability of $500,000 for property damage or the injury or death of any number of persons in any 1 accident. The policy shall further provide that insolvency or bankruptcy of the insured shall not release the insurance company from any payment due under the policy, and if, by reason of the insolvency or bankruptcy, an execution upon a judgment against the insured for personal injuries, death or property damage is returned unsatisfied, that the judgment creditor shall have a right of action directly against the insurance company to recover the amount of the judgment to the same extent that the insured would have had to recover against the company had the insured paid the judgment. The policy of insurance shall be so written as to indemnify passengers for loss or damage to property in transportation and to cover the passengers against loss or damage to property and baggage being transported in the taxicab, and shall cover loss to passengers or to the public by reason of damage to property, or injury or death to persons by reason of the defective condition or construction of any taxicab, and shall contain a further condition for continuing liability thereunder, notwithstanding any recovery thereon or any payment made on account thereof. The policy shall further provide that it cannot be cancelled until 30 days written notice of cancellation is given to the City Controller, and to the insured, by the insurance company. If the licensee shall fail to provide within 30 days another policy of insurance complying with this chapter, then the license shall automatically become void and of no effect, and the license check and license shall be surrendered to the Controller.
(1979 Code, § 116.10) (Ord. 1355, passed 7-21-1943; Am. Ord. 1365, passed 10-20-1943; Am. Ord. 1828, passed 7-7-1960; Am. Ord. 3746, passed 9-8-1986) Penalty, see § 116.99
§ 116.11 BOND IN LIEU OF INSURANCE.
   (A)   Any applicant for a license, may, in lieu of carrying any license insurance, deposit and keep on deposit with the City Controller throughout the term of the license, a surety bond executed by a surety company duly admitted to do business in the State of Indiana, approved by the City Controller, and running to the city, in a sum not less than $300,000 conditioned upon the payment of all judgments for injuries or death of persons, and for damage to property or other damages, including baggage of a passenger to the extent of $100,000 for the death or injury of any 1 person, and $300,000 for the death or injury of any number of persons in any 1 accident, and $50,000 for damage to property in any 1 accident. The bond shall be so drawn that it shall be for the use and benefit of any person suffering damages, or their administrators, executors or personal representative in case of death.
   (B)   No bond so delivered to the Controller shall be cancelled, except as above provided for the cancellation of insurance policies, and the same duties shall be required of the licensee in case of the cancellation of any bond, and the same result shall follow as above provided in case of the insurance policy being cancelled when and if the licensee does not file with the Controller a new bond.
(1979 Code, § 116.11) (Ord. 1355, passed 7-21-1943; Am. Ord. 1365, passed 10-20-1943; Am. Ord. 1828, passed 6-7-1960) Penalty, see § 116.99
§ 116.12 NAME OF OWNER OR COMPANY TO BE PRINTED ON TAXICAB.
   Every taxicab licensed under this chapter shall have the name of the owner or operating company plainly printed in English in letters at least 2 inches in height in the center of the main panel of each rear door of the taxicab.
(1979 Code, § 116.12) (Ord. 1355, passed 7-21-1943) Penalty, see § 116.99
§ 116.13 RIGHT TO PREPAYMENT OF FARE; DUTY TO ACCEPT PASSENGERS.
   Every driver of any licensed taxicab shall have the right to demand prepayment of the legal and regular fare and may refuse employment unless so prepaid. No driver of a taxicab shall otherwise refuse or neglect to convey any orderly person upon request anywhere in the city unless previously engaged.
(1979 Code, § 116.13) (Ord. 1355, passed 7-21-1943) Penalty, see § 116.99
§ 116.14 TAXICABS TO BE OPERATED DAILY; INSPECTION AND SUSPENSION OF LICENSE.
   (A)   All licensed taxicabs shall be regularly and daily operated during each day of the license period to the extent reasonably necessary to meet the public demand for taxicab service.
   (B)   All taxicabs shall be subject to inspection at any time by the Chief of Police, or by any member of the Police Department on his or her order, and if found by him or her to be, in his or her judgment, unfit for public service either by reason of not being in a thoroughly safe condition or not clean or of good appearance, the City Controller, upon receiving notice of this finding by the Chief of Police, shall suspend the license of the cab until it has been put in a condition to the approval of the Chief of Police.
   (C)   When the license is suspended, the City Controller or Chief of Police shall take up the license check attached to the taxicab and not deliver it to the licensee until the cab has been approved by the Chief of Police for operation.
(1979 Code, § 116.14) (Ord. 1355, passed 7-21-1943) Penalty, see § 116.99
§ 116.15 ANNUAL REGISTRATION OF DRIVERS.
   No person shall serve or act as a driver of a licensed taxicab unless he or she owns a license as a public passenger chauffeur issued by the Department of Motor Vehicles for the State of Indiana, and has annually applied for registration as a driver with the Controller of the city on forms to be provided by the Controller. Upon request of an application from the Controller, the applicant shall pay to the Controller the sum of $10. The application shall be completely filled in and signed before the Chief of the Elkhart Police Department or an authorized agent, who shall then make a complete record for the Police Department and furnish the applicant with a photostatic copy of the application with the approval of the Chief of Police thereon. Within 5 days from the approval of the application, the original application with the approval noted thereon, shall be returned by the Chief to the Controller. However, if it is found from the application that the applicant is unfit mentally, morally or physically, this finding will be noted on the application, and the application will be returned to the Controller. Any applicant who feels aggrieved by the decision of the Chief of Police denying his or her application, may within 30 days from the date of the denial, ask and receive a hearing before the Board of Public Works and Safety for the City who may, by a majority vote after a complete hearing, either confirm or rescind the decision of the Chief of Police.
(1979 Code, § 116.15) (Ord. 1355, passed 7-21-1943; Am. Ord. 1828, passed 6-7-1960 ; Am. Ord. 5004, passed 12-18-2006 ) Penalty, see § 116.99
§ 116.16 SUSPENSION OR REVOCATION OF TAXICAB LICENSE.
   (A)   Any taxicab license granted under the terms and provisions of this chapter may be suspended or revoked by the City Controller if the taxicab is, with the knowledge and consent of the owner, used for, or the driver is, with the knowledge and consent of the owner, engaged in immoral or illegal business in violation of any city ordinance, state or federal law. Any person aggrieved by the conduct or action of any taxicab driver or owner in the operation of the taxicab, may present a complaint to any police officer of the city, and it shall be the duty of the Police Department to promptly investigate the complaint and take appropriate action in the premises. No owner or taxicab operator shall permit any unlicensed driver or any driver whose license has been suspended or revoked, to operate any taxicab within the city.
   (B)   It shall be the duty of every person driving or operating a taxicab to be courteous, to refrain from swearing, loud talk or boisterous conduct, to permit no person of the opposite sex to occupy the seat beside him or her, unless carrying a capacity load, to drive his motor vehicle carefully and in full compliance with all traffic laws, ordinances, regulations or orders of the Police Department of the city, and to deal honestly with the public and with his employer.
(1979 Code, § 116.16) (Ord. 1355, passed 7-21-1943) Penalty, see § 116.99
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