761.01 DEFINITIONS.

   Unless otherwise expressly stated, when used in this chapter the following terms shall be defined as follows:

   (a)   "Certificate of public convenience and necessity" means an authorization provided by the City to a taxicab company permitting it to engage in the business of operating a specified number of taxicabs within the City upon specified terms and conditions and in accordance with the provisions of this chapter.

   (b)   "Controlled substance" means a drug, compound, mixture, preparation or substance included in Schedules I, II, III, IV or V as set forth in Ohio R.C. Chapter 3719.

   (c)   "Driver" means any person authorized and assigned to drive a taxicab, and includes every person actually in charge of the operation as the chauffeur of a taxicab, whether as owner, agent, subagent, servant, independent contractor to or employee of the owner.

   (d)   "Owner or operator" means any person, firm or corporation who or which has control, direction of operation, maintenance or the benefit of the collection of revenue derived from the operation of a taxicab as herein defined, on or over the streets of the City, whether as owner, licensee, bailee or otherwise, except a driver as hereinafter defined.

   (e)   "Passenger" means any person who has engaged or ordered a taxicab or who is being carried in a taxicab, for whose carriage a charge is made or might lawfully be made.

   (f)   "Taxicab" means a vehicle offered for or operated for hire, donations or any other form of compensation by a person(s) who seeks to purchase transportation from one point to another without reference to any prescribed route. "Taxicab," as defined in this chapter, does not include any of the following:

      (1)   Vehicles, such as but not limited to limousines, which are exclusively for hire in connection with special or ceremonial events such as weddings, high school proms, transportation of dignitaries, anniversaries or funerals;

         (Ord. 92-8-66. Passed 8-12-92.)

      (2)   Vehicles such as, but not limited to, buses which operate upon City streets by virtue of a franchise or revocable permit granted by Council pursuant to Sections 015.126 or 015.127 of the Hamilton Charter.

         (Ord. 93-6-66. Passed 6-9-93.)

      (3)   Private vehicle(s) belonging to the passenger which are driven by a chauffeur; the chauffeur being the employee of the passenger and therefore capable of being hired or fired from employment by the passenger.

      (4)   Vehicles engaged exclusively in the transportation of freight; or

      (5)   The transportation of persons characterized by the use of only one's private motor vehicle, titled in the driver's name and operated exclusively on a irregular, infrequent or occasional basis to transport friends, relatives or acquaintances of the vehicle owner/driver, with the owner/driver neither having or using any other means of advertisement suggesting an intention, desire or willingness to operate a taxicab company, and which activity is not connected in any manner with a passenger or freight transportation business.

   (g)   "Taxicab company" means every corporation, company, association, joint stock association, person, firm or copartnership, its lessees, trustees, receivers or trustees appointed by any court whatsoever, owning, controlling, operating or managing any taxicab.

   (h)   "Taximeter" means any mechanical or electronic instrument or device, geared either to a front wheel or to the drive shaft in the rear of the transmission, by which instrument or device the charge for hire for a taxicab is mechanically or electronically calculated, and on which such charge is clearly indicated as it accrues.

   (i)   "Wheelchair cab" means any motor vehicle specially designed for carrying passengers in wheelchairs for hire, not over fixed routes or between fixed termini, operated by a driver other than a passenger and not his employee.

      (Ord. 92-8-66. Passed 8-12-92.)