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Lovington Overview
Lovington, NM Code of Ordinances
CITY OF LOVINGTON, NEW MEXICO CODE OF ORDINANCES
Title 1 GENERAL PROVISIONS
Title 2 ADMINISTRATION AND PERSONNEL
Title 3 REVENUE AND FINANCE
Title 4 RESERVED
Title 5 BUSINESS LICENSES AND REGULATIONS
Chapter 5.04 BUSINESS REGISTRATION AND LICENSE FEES
Chapter 5.08 SALE OF ALCOHOLIC BEVERAGES
Chapter 5.12 BOXING AND WRESTLING
Chapter 5.16 BUILDING MOVERS
Chapter 5.20 CIRCUSES AND CARNIVALS
Chapter 5.24 DRY CLEANERS
Chapter 5.28 GARAGE SALES
Chapter 5.32 JUNK DEALERS
Chapter 5.36 PAWNBROKERS
Chapter 5.40 CANNABIS REGULATION
Chapter 5.44 PUBLIC DANCE HALLS
Chapter 5.48 TAXICABS
Chapter 5.52 RECREATIONAL VEHICLE/MANUFACTURED HOME PARKS
Chapter 5.56 SOLICITORS, TRANSIENT, AND ITINERANT MERCHANTS AND VENDORS
Chapter 5.60 REGULATIONS FOR RATES CHARGED TO CABLE TELEVISION SUBSCRIBERS
Title 6 ANIMALS
Title 7 RESERVED
Title 8 HEALTH AND SAFETY
Title 9 PUBLIC PEACE, MORALS AND WELFARE
Title 10 VEHICLES AND TRAFFIC
Title 11 RESERVED
Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Title 13 PUBLIC SERVICES
Title 14 RESERVED
Title 15 BUILDINGS AND CONSTRUCTION
Title 16 SUBDIVISION OF LAND
Title 17 ZONING
STATUTORY REFERENCES FOR NEW MEXICO MUNICIPALITIES
CROSS-REFERENCE TABLE
Chapter 5.48
TAXICABS
Sections:
   5.48.010   Definitions.
   5.48.020   Certificate of public convenience required.
   5.48.030   Certificate-Application contents.
   5.48.040   Application-Hearing- Notice.
   5.48.050   Certificate issuance- Considerations.
   5.48.060   Bond or insurance required.
   5.48.070   License fee.
   5.48.080   Certificates-Nontransferable.
   5.48.090   Certificates-Suspension and revocation.
   5.48.100   Taxi cab driver's license required.
   5.48.110   Taxicab driver's license application.
   5.48.120   Physician's certificate required.
   5.48.130   State driver's license and knowledge of city required.
   5.48.140   Police investigation of applicant.
   5.48.150   Taxicab driver's license-Decision by city clerk.
   5.48.160   Taxicab driver's license-Issuance-Renewal.
   5.48.170   Display of driver's license.
   5.48.180   Compliance with all laws mandatory.
   5.48.190   Taxicab driver's license-Suspension and revocation-Notice.
   5.48.200   Taxicab identification-Restrictions.
   5.48.210   Standards of service.
   5.48.220   Daily manifests required.
   5.48.230   Solicitation-Restrictions.
   5.48.240   Cruising.
   5.48.250   Receiving and discharging passengers.
   5.48.260   Refusal to serve prohibited.
   5.48.270   Rates to be posted.
   5.48.280   Payment-Receipt upon demand.
   5.48.290   Refusal of passenger to pay fare.
   5.48.300   Violation of chapter-Report to mayor.
5.48.010   Definitions.
   For the purposes of this chapter the following words and phrases shall have the meanings respectively ascribed to them by this section:
   "Certificate" means a certificate of public convenience and necessity issued by the city commission authorizing the holder thereof to conduct a taxicab business in the city.
   "Cruising" means the driving of a taxicab on the streets, alleys or public places of the city in search of or soliciting prospective passengers for hire.
   "Driver's license" means the permission granted by the city clerk to a person to drive a taxicab upon the streets of the city.
   "Holder" means a person to whom a certificate of public convenience and necessity has been issued.
   "Manifest" means a daily record prepared by a taxicab driver of all trips made by such driver showing time and place of origin, destination, number of passengers and the amount of fare of each trip.
   "Rate card" means a card issued by the city commission for display in each taxicab which contains the rate of fare then in force.
   "Taxicab" means a motor vehicle regularly engaged in the business of carrying passengers for hire, having a seating capacity of rive persons or less and not operated on a fixed route. (Prior code § 22-1-1)
5.48.020   Certificate of public convenience required.
   No person shall operate or permit a taxicab owned or controlled by him to be operated as a vehicle for hire upon the streets of the city without having first obtained a certificate of public convenience and necessity from the city commission. (Prior code § 22-2-1)
5.48.030   Certificate-Application contents.
   An application for a certificate shall be filed with the city clerk upon forms provided by the city and such application shall be verified under oath and shall furnish the following information:
   A.   The name and address of the applicant;
   B.   The financial status of the applicant, including the amounts of ail unpaid judgments against the applicant and the nature of the transaction or acts giving rise to such judgments;
   C.   The experience of the applicant in the transportation of passengers;
   D.   Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate;
   E.   The number of vehicles to be operated or controlled by the applicant and the location of proposed depots and terminals;
   F.   The color scheme or insignia to be used to designate the vehicle or vehicles of the applicant;
   G.   Such further information as the city commission may require. (Prior code § 22-2-2)
5.48.040   Application-Hearing- Notice.
   Upon the filing of an application, the city commission shall fix a time and place for a public hearing thereon. Notice of such hearing shall be given to the applicant and to all persons to whom certificates of public convenience and necessity have been theretofore issued. Due notice shall also be given the general public by posting a notice of such hearing in the city hall. Any interested person may file with the city commission a memorandum in support of or opposition to the issuance of a certificate. (Prior code § 22-2-3)
5.48.050   Certificate issuance- Considerations.
   A.   If the city commission finds that further taxicab service in the city is required by the public convenience and necessity and that the applicant is fit, willing and able to perform such public transportation and to conform to the provisions of this chapter and the rules promulgated by the chief of police, then the city commission shall issue a certificate stating the name and address of the applicant, the number of vehicles authorized under such certificate and the date of issuance. Otherwise, the application shall be denied.
   B.   In making the findings as described in subsection A, the city commission shall take into consideration the number of taxicabs already in operation, whether existing transportation is adequate to meet the public need, the probable effect of increased service on local traffic conditions and the character, experience and responsibility of the applicant. (Prior code §§ 22-2-4, 22-2-5)
5.48.060   Bond or insurance required.
   A.   No certificate of public convenience and necessity shall be issued or continued in operation unless there is in full force and effect an indemnity bond for each vehicle authorized in the amount of ten thousand dollars for bodily injury to any one person, in the amount of twenty thousand dollars for injuries to more than one person which are sustained in the same accident and five thousand dollars for property damage resulting from any one accident. Such bond shall inure to the benefit of any person who shall be injured or who shall sustain damage to property proximately caused by the negligence of a holder, his servants or agents. Such bond shall be filed in the office of the city clerk and shall have as surety thereon a surety company authorized to do business in the state.
   B.   The city commission may in its discretion allow the holder to file, in lieu of bond, a liability insurance policy issued by an insurance company authorized to do business in the state. Such policy shall conform to the provisions of this chapter relating to bonds. (Prior code §§ 22-2-6, 22-2-7)
5.48.070   License fee.
   No certificate shall be issued or continued in operation unless the holder thereof has paid an annual license fee of twenty-five dollars for the right to engage in the taxicab business and ten dollars for each year for each vehicle operated under a certificate of public convenience and necessity. Such license fees shall be for the calendar year and shall be in addition to any other license fees or charges established by proper authority and applicable to such holder or the vehicle under his operation and control. (Prior code § 22-2-8)
5.48.080   Certificates-Nontransferable.
   No certificate of public convenience and necessity may be sold, assigned, mortgaged or otherwise transferred without the consent of the city commission. (Prior code § 22-2-9)
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