(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DRIVER. The person driving and having physical control over a taxicab whether he or she be the licensee or in the employ of the licensed operator.
OPERATOR. A licensee owning or otherwise having control of one or more taxicabs.
TAXICAB. Any passenger conveyance being driven, on call or traversing a scheduled or unscheduled route for public use or hire upon payment of a fare or at regular fare rates, but not including such as are designed for mass transportation as buses, trains or streetcars.
(B) License required. It is unlawful for any person to drive or operate a taxicab without a license therefor from the city.
(C) License issuance and display, and vehicle marking. All licenses shall be issued for specific conveyances, except as otherwise herein provided. License tags, including number and year for which issued, shall be plainly visible from the front of the conveyance. Both sides of every licensed taxicab, when in use, shall be plainly and permanently marked as such with a painted sign or appurtenances showing the full or abbreviated name of the licensed operator.
(D) Insurance required.
(1) No license to operate a taxicab shall be issued until the applicant has filed with the city Clerk-Treasurer a policy or certificate of policy evidencing coverage, under an insurance policy issued by an insurance company authorized to do business in the state, approved by the Council, insuring the person against claims, demands or losses in the sum of at least $200,000 combined single limit, for injury to or death of any number of persons or property damage in any one accident, resulting from the negligent operation, use or defective condition of the licensed motor vehicle.
(2) Such insurance policy shall also contain a clause obligating the insurer to give ten-days’ written notice to the City Clerk-Treasurer and to the insured or assured, before any cancellation or termination of the policy which is earlier than its expiration date.
(3) No such policy shall include or contain any imitation, condition or clause providing, in effect, that the policy shall not cover automobiles mentioned, described or included herein when the automobiles are driven, used, operated or maintained while the driver or occupant thereof is intoxicated or engaged in the illicit transportation of liquor. No such policy shall contain any limitation, clause or provision whatever excepting and releasing any insurer on any such policy from liability hereunder by reason of any such taxicab being driven, used or operated when the driver or occupant thereof is intoxicated or engaged in the illicit transportation of liquor. Nothing contained in this division (D)(3) shall be construed to affect the defense of contributory negligence which may be pleaded by the licensee or his or her insurer.
(4) If, at any time, in the judgment of the City Clerk, any such policy is not sufficient for any reason, the City Clerk-Treasurer shall require the owner, lessee, licensee or operator of the vehicle to replace the policy with another approved by the Council. If, for any reason, any policy shall become void or be cancelled or become ineffectual for the purposes set forth in this section, it shall be unlawful for any person to operate any licensed motor vehicle until a policy approved by the Council has been obtained and deposited with the City Clerk. Any license issued under this section shall terminate whenever, during the term of the license, the licensee fails to keep in full force and effect the insurance as required in this section.
(E) Rates. Each applicant shall file with the City Clerk, before a taxicab license is issued or renewed, a schedule of proposed maximum rates to be charged by him or her during the licensed period for which the application is made. The schedule of maximum rates proposed August 30, 2013, or a compromise schedule thereof, shall be approved by the Council before granting the license. The schedule shall be posted in a conspicuous place in the taxicab in full view of passengers riding therein. Nothing herein shall prevent a taxicab licensee from petitioning the Council for review of the rates during the licensed period, and the Council may likewise consider the petition and make new rates effective at any time. No taxicab licensee shall charge rates in excess of maximum rates approved by the Council.
(F) Mechanical condition. Before issuing a taxicab license, the applicant shall present to the Council a certificate signed by a competent and experienced mechanic showing that the taxicab conveyance is in good mechanical condition, that it is thoroughly safe for transportation of passengers, and that it is in neat and clean condition. A similar certificate may be required from time to time during the licensed period. In lieu of a certificate, the Council may accept the report of the Chief of Police relative thereto.
(G) Additional conditions. The Council may, at the time of issuance of any license or renewal of an existing license, attach the additional conditions, as prerequisites to the issuance or maintenance of the license, as are in the best interests of the public.
(H) Expiration. Each license shall expire one year from the date of its issuance.
(2003 Code, § 6.34) (Ord. 77, passed 5-22-1998) Penalty, see § 10.99