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(a) Every applicant shall be a holder of a Certificate of Necessity and shall file a written application with the Police Chief containing the following information:
(1) The full name, age and residence of the applicant; if the applicant is a partnership, the full name, age and residence of each of the partners; and if a corporation, the full name of the corporation, together with the full name of its principal officers;
(2) The name under which the applicant will do business;
(3) The type of vehicle which is proposed to be used in such service, with information as to the age, carrying capacity, motor power and color scheme of the same, local symbols to be used and all other lettering or marks proposed to be used by the applicant on such vehicle;
(4) The number of vehicles proposed to be used, the rate of fare to be charged and the method of charging the same; and
(5) A statement that the applicant is capable of and will carry liability insurance, a bond or security agreement, as provided for in Section 775.07.
(b) The Police Chief may require information as to the applicant's financial responsibility or fitness and such other information as he or she may desire.
(Ord. 10505. Passed 12-6-54.)
(a) Any person desiring a Certificate of Necessity shall file with the Mayor a written application therefor, on a form to be provided by the City. Such application shall be in affidavit form and contain the following information:
(1) The full name, age and residence of the applicant; if the applicant is a partnership, the full name, age and residence of each of the partners; and if a corporation, the full name of the corporation together with the full name of its principal officers;
(2) The name under which the applicant will do business;
(3) The type of vehicle which is proposed to be used in such service, with information as to the age, carrying capacity, motor power and color scheme of the same, local symbols to be used and all other lettering or marks proposed to be used by the applicant on such vehicle;
(4) The number of vehicles proposed to be used, the rate of fare to be charged and the method of charging the same; and
(5) A statement that the applicant is capable of and will carry liability insurance of a bond as hereinafter provided for.
(b) The Mayor or Council may require information as to the applicant's financial responsibility or fitness and such other information as they may desire.
(c) Such application shall be accompanied by a fee of fifty dollars ($50.00) to cover the expense to the City, as determined by Council, in investigating the application, serving notice of the public hearing and granting or refusing the Certificate of Necessity. (Adopting Ordinance)
(d) The Mayor shall report the application to Council. Council shall thereupon set a date for a public hearing upon the application and shall cause a notice of the public hearing to be published in a newspaper of general circulation in the City at least one week prior to the date of the hearing. It shall be the duty of the Mayor to investigate the statements contained in the application and report his or her findings and recommendation to Council before the date of the hearing.
(e) If Council determines that the public convenience and necessity require the granting of such application and that the same will be for the best interest of the City and its residents, it may grant the application and order the Mayor to issue a Certificate of Necessity to the applicant.
(f) In determining whether the public convenience and necessity require the granting of such Certificate of Necessity, Council shall consider such relevant facts as it may deem necessary to the common good and welfare of the City and the health, safety and convenience of its people. Council shall consider the character and financial responsibility of the applicant, the amount of taxicab service already available to the City from other operators and such other facts and circumstances as, in the judgement of Council, are pertinent to such matter.
(Ord. 10505. Passed 12-6-54.)
When licenses or renewals of existing licenses are issued for any public hacks which may have been disabled, disqualified, sold or otherwise not available at the time of the granting of the licenses, no such vehicle which may thereafter be acquired for use in connection with any such licenses shall be placed in operation until it has been thoroughly and carefully inspected and examined and found to be in a thoroughly safe condition for the transportation of passengers, clean, fit, of good appearance and well painted and varnished. The Police Chief shall thereafter make inspections of such vehicles at intervals of not more than ninety days during the operation of such vehicle, provided, however, that in the case of vehicles already licensed by any other municipality in Cuyahoga County, it shall not be necessary to make the inspection hereinabove set forth.
(Ord. 10505. Passed 12-6-54.)
No person shall operate a public vehicle, nor shall any license be issued hereunder, until and unless the applicant for such license deposits with the Police Chief either of the following:
(a) A bond of the applicant with a solvent and reasonable surety company, authorized under the laws of the State, as surety thereof, acceptable to and approved by the Mayor and the Director of Law, such bond to be conditioned that the applicant will pay all final judgments recovered against such applicant in the sum of at least three hundred thousand dollars ($300,000) composite single limit for injury to one or more persons and one hundred thousand dollars ($100,000) for property damage, in any one accident, through the operation of the public vehicle of the applicant. Such bond shall contain a further provision obligating the surety company to give ten days written notice to the Mayor before cancellation of the bond. The license shall expire on the lapse or termination of the bond.
(Adopting Ordinance)
(b) A policy or certificate of liability insurance for each public vehicle for which a license is sought, acceptable to and approved by the Mayor and Director of Law, indemnifying the applicant in the sum of at least three hundred thousand dollars ($300,000) composite single limit for injury to one or more persons and one hundred thousand dollars ($100,000) for property damage, in any one accident, through the operation of the public vehicle of the applicant. The policy shall further contain a clause obligating the insurance company to give ten days written notice to the Mayor before cancellation of the policy. The license shall expire upon the lapse or termination of the policy of insurance.
(Ord. 269-1988. Passed 12-5-88.)
(c) In lieu of the surety bond or the policy or certificate of liability insurance provided for in subsections (a) and (b) hereof, the applicant for such license may enter into an agreement with the City, to be prepared to the satisfaction of the Director of Law, that such applicant or licensee shall pay all final judgments recovered against him and/or the driver of any such public vehicle within the limits provided for in subsections (a) and (b) hereof. Such limits shall be construed, however, to limit the liability of the applicant, licensee and/or driver only for the purposes of such agreement;
(d) In the case of public vehicles already licensed by any other municipality in Cuyahoga County and for which either a bond, policy of liability insurance or security agreement of the kind and character above described has been filed with such other municipality, it shall be sufficient if such licensee or applicant shall file a copy thereof with the Police Chief, provided that such bond, policy of liability insurance or security agreement provides protection in limits at least equal to those described in this section, and, in the opinion of the Director of Law, protects persons or property injured or damaged by the operation of such public vehicles within or from the City.
(Ord. 10505. Passed 12-6-54.)
If, upon inspection, a public hack is found to be of lawful construction and in proper condition in accordance with the provisions of this chapter and the rules and regulations established thereunder, and upon the payment of the license fees hereinafter set forth, the public hack shall be licensed by deliverance to the owner of a card of such size and form as may be prescribed by the Police Chief. The card shall contain the official license number of the hack, together with the date of inspection of the hack, and a statement to the effect that, in case of any complaints, the Police Chief shall be notified giving the license number of the hack. Such card shall be signed by the Police Chief, and shall contain blank spaces upon which an entry shall be made of the date of every inspection of the vehicle by the inspector. The license card shall be of a distinctly different color each year, and, in case of public hacks driven by mechanical power, the license number assigned thereunder shall in each case be the same as that assigned to the vehicle for that year, pursuant to law. There shall also be printed upon the card the license number of such vehicle which shall be conspicuously displayed within the hack as prescribed by the Chief, provided, however, that it shall not be necessary to issue or affix such license cards to vehicles already licensed by any other municipality in Cuyahoga County which municipality issues license cards carrying similar information.
(Ord. 10505. Passed 12-6-54.)
The license fee for each public hack shall be ten dollars ($10.00) per annum, provided, however, that in the case of vehicles already licensed by any municipality in Cuyahoga County, the license fee shall be two dollars ($2.00) per annum per vehicle but shall not exceed a total of two hundred fifty dollars ($250.00) per annum for the entire number of vehicles owned by such licensee, and provided further, however, that the fees for any such license issued on or after the first day of July in any year shall be fifty percent of those above specified. Licenses shall be valid to and including December 31 next succeeding the date upon which such license was issued, unless previously revoked as provided in Section 775.11.
(Ord. 10505. Passed 12-6-54.)
The Police Chief shall maintain constant vigilance over all public hacks to see that they are kept in a condition of continued fitness for public use, and to this end, the Police Chief, through his or her inspectors, shall inspect all public hacks from time to time, as provided in Section 775.06, or on the complaint of any resident, or as often as may be necessary.
Reports in writing of all inspections shall promptly be made to the Police Chief, provided, however, that in the case of vehicles already licensed by any other municipality in Cuyahoga County, it shall not be necessary to make the inspection hereinabove set forth.
(Ord. 10505. Passed 12-6-54.)
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