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A. Schedule Of Rates: It shall be the duty of every operator of a horse-drawn carriage to file with the City a current schedule of rates to be charged by him/her in the operation of carriage, and no transportation shall be performed or service rendered except in conformity therewith. The City Council, upon its own motion or upon the request of any person, may review those fares and charges and may establish maximum fares in the event it determines the charges are unreasonable.
(1979 Code § 5.31.210; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
B. Use Of Taxicab Stands: Horse-drawn carriages may use existing taxicab stands as established by the City in the business district in Section 10-3-2 of this Code.
(1979 Code § 5.31.240; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
C. Driver To Remain Near Carriage: It is unlawful for any person, while engaged as a driver, chauffeur, solicitor or attache of a licensed horse-drawn carriage, to leave the immediate vicinity of the carriage except for the purpose of assisting passengers or securing or delivering their baggage upon the request of his patrons.
(1979 Code § 5.31.250; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
D. Driver May Demand Payment In Advance: The owner or driver of any licensed horse-drawn carriage shall have the right to demand in advance the minimum fare of any person employing him and may refuse to convey or transport any person who shall not comply with such demand.
(1979 Code § 5.31.260; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
E. Occupant To Have Exclusive Use: When a carriage is engaged, the occupant shall have the exclusive right to the full and free use to the passenger compartment, and it is unlawful for the owner or driver of the carriage to solicit or carry additional passengers therein except with the consent of the passenger.
(1979 Code § 5.31.280; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
F. Most Direct Route Required: Any driver employed carrying passengers to a definite point shall take the most direct route possible that will carry the passenger safely and expeditiously to his destination.
(1979 Code § 5.31.290; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
G. Manifest:
1. Maintenance Required: Every carriage driver shall maintain a daily manifest which shall be returned to the owner by the driver at the conclusion of his tour of duty. The forms for the manifest shall be furnished to the driver by the owner of the horse-drawn carriage business and shall be of a character approved by the Mayor.
(1979 Code § 5.31.300; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998; 1999 Code)
2. Retention; Right Of Inspection: Every owner of a horse- drawn carriage business shall retain and preserve all manifests in a safe and convenient place for a period of time covering at least the current calendar year and the calendar year immediately preceding the current calendar year. All manifests shall be available for inspection by the Chief of Police, the City Attorney and the Mayor, or any of them, or any person or person designated by any of them.
(1979 Code § 5.31.310; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
H. Display Of License Card; Driver's License: There shall be displayed in a suitable holder, in a conspicuous place inside of each carriage, within the plain view of any passenger, the card issued by the Business License Coordinator containing the official license number for the carriage, the driver's license of the driver, with his picture, the telephone number of the horse-drawn carriage company and a statement that the Chief of Police and the carriage company are to be notified in case of any complaint about the quality of the service.
(1979 Code § 5.31.320; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
I. Driver Or Owner To Give Name And Number: It is unlawful for the owner or driver of any licensed public passenger carriage upon being requested to do so to refuse to give the number of the vehicle and the name of the driver thereof.
(1979 Code § 5.31.330; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
J. Signage Required: Each carriage must display a standard "Slow Moving Vehicle" sign on the rear of each carriage as approved by the Chief of Police who shall be authorized to require other signage or illuminations that he may deem necessary for the reasonable safety of the operation of the carriage, its passengers, animals, traffic, pedestrians and the public.
(1979 Code § 5.31.360; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
K. Animal Treatment And Sanitation: No horse shall be treated cruelly or in violation of animal control regulations regardless of whether it is stabled or working. Licensee shall comply with all requirements of the County Health Department and Animal Services Division, particularly those relating to stabling and working conditions. While on the streets, each horse must be attended at all times. Each must also be fitted with a device to catch all manure or solid waste. Each driver must flush all liquid waste from the horse immediately and spray it with appropriate chemicals to eliminate all noxious odor and bacteria. The driver shall be responsible to store, in approved containers only, and discard the manure in approved locations to avoid contaminating storm drains. The County Health Department or Animal Services Division may, upon request, require a veterinarian certificate of health for any horse pulling carriages and may preclude the use of any horse that is found unfit.
(1979 Code § 5.31.370; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
A. Permitting Unlicensed Or Illegal Operation: It is unlawful for any owner or person in charge of any carriage to permit such carriage to be driven by any person who has not been licensed in the manner prescribed by law or to permit such carriage to be driven in violation of any provisions of this Article or any other ordinance or law of the City or the State.
(1979 Code § 5.31.200; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
B. Charging Other Than Approved Rates: No operator of horse- drawn carriages in the City shall charge or attempt to charge any passenger a rate or fare other or different than that which he has filed with the City, in accordance with the provisions of this Article.
(1979 Code § 5.31.220; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
C. Soliciting Of Passengers; Obstruction Of Traffic: Horse- drawn carriage drivers may solicit passengers for hire by cruising the streets of the City, but it shall be unlawful for the driver of any horse-drawn carriage to solicit passengers for hire or to invite or to call the attention of the public to his horse-drawn carriage by word of mouth, signals, nods, whistles, shouts or other signs from his horse-drawn carriage while traveling on the streets of the City. Nothing contained in this subsection shall be construed as prohibiting horse- drawn carriages from receiving or discharging passengers at public places of gatherings, such as theaters, hotels, public buildings, stadiums, transportation terminals, etc. Horse- drawn carriage drivers shall at all times drive their horse- drawn carriages so as not to constrict, congest or interfere with the normal flow of traffic in any manner whatsoever.
(1979 Code § 5.31.230; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
D. Refusing To Convey Passengers: It is unlawful for the owner or driver of any licensed horse-drawn carriage, when not otherwise engaged, to refuse to convey any person for any lawful purpose, with or without baggage, upon demand and tender of the lawful fare, or, having undertaken to convey such person, thereafter wilfully to refuse or neglect to do so.
(1979 Code § 5.31.270; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
E. Fraud And Misrepresentation: It is unlawful for the driver of any licensed public carriage, or for any person soliciting patronage for any public carriage, to induce or attempt to induce any person to employ him, by knowingly or wantonly misinforming or misleading such person as to the time or place of the arrival or departure of any railroad train or other conveyance, or the location of any railroad depot, office, station or ticket office, or the location of any hotel, public place or private residence within the city, or to practice any deceit, fraud or misrepresentation in any manner whatever relative to matters pertaining to his business.
(1979 Code § 5.31.340; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
F. Disorderly Conduct: It is unlawful for the driver, porter, chauffeur, solicitor or runner of any licensed public carriage, at any time or place, when waiting for or engaged in his employment, to obstruct any street or sidewalk; make any loud or unusual noise, disturbance or outcry; use any indecent, profane or obscene language; be guilty of boisterous or loud talking, or any disorderly conduct; harass, vex, annoy or disturb any person; interfere with, obstruct or impede the free passage of passengers or other persons to or from any depot, theater, hall, hotel, public resort, train or depot grounds, or to seize or grasp, or interfere with any person or any baggage carried by or belonging to said passenger or persons; or, while soliciting employment, to stand on any public street or place other than at a designated public stand or authorized pick up point.
(1979 Code § 5.31.350; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
Denials, suspension or revocations of any license under this article shall be handled in accordance with the provisions of chapter 1, article C of this title. The denial, suspension or revocation of any certificate of public convenience and necessity shall be handled in accordance with article B of this chapter.
(1979 Code § 5.31.390; Ord. 88-23, 6-9-1988; amd. Ord. 98-54, 8-18-1998)
ARTICLE D. TAXICABS
SECTION:
5-16D-1: Definitions
5-16D-2: License Required
5-16D-3: Certificate Required
5-16D-4: Application And Qualification Requirements
5-16D-5: Taxicab Driver's License
5-16D-6: Approval Procedure
5-16D-7: Records Maintained
5-16D-8: Rules, Regulations And Requirements
5-16D-9: Prohibited Acts
The following terms shall have the designated meanings whenever they are used in this article:
CERTIFICATE: A certificate of public convenience and necessity issued by the mayor, or the mayor's designee, authorizing the holder thereof to conduct, in Ogden City, a taxicab business, pursuant to the provisions of this article.
HOLDER: A person to whom a certificate of public convenience and necessity has been issued.
MANIFEST: A daily record prepared by the taxicab driver of all trips made by the driver, showing time and place of origin, destination and place of discharge of passengers, number of passengers and the amount of fare of each trip.
PUBLIC VEHICLE: Any motor vehicle used for the transportation of persons for hire, or for tips or gratuities, within the city.
TAXICAB: Any motor vehicle used for the purpose of transporting persons for hire, or for tips or gratuities, within the city, except vehicles with a seating capacity of seven (7) or more persons used in what is commonly known as a motorbus operation.
(1979 Code § 5.58.010; amd. Ord. 98-54, 8-18-1998)
A. It is unlawful for any person, firm or corporation owning or having under its control any taxicab to operate the same for hire upon the streets of the city unless a taxicab license has been issued pursuant to the provisions of this article and is in full force and effect at the time of the operation or presence of said taxicab upon the streets of the city as aforesaid. No taxicab license shall be issued for any such taxicab except to the registered owner thereof and after compliance with the provisions of this article.
B. For the purpose of this section, the term "operate for hire upon the streets of the city" shall not include the transporting, by a taxicab properly licensed in a jurisdiction outside the corporate limits of the city, of a passenger or passengers for hire where a trip shall originate with the passenger or passengers being picked up outside of the corporate limits of the city and where the destination is either within or beyond the corporate limits of the city. The term "operate for hire upon the streets of the city" means and shall include the soliciting or picking up of a passenger or passengers within the corporate limits of the city, whether the destination is within or outside of the corporate limits of the city.
(1979 Code § 5.58.020; amd. Ord. 97-94, 12-16-1997; Ord. 98-54, 8-18-1998)
No taxicab license shall be issued to any person, firm or corporation unless such person, firm or corporation has first obtained a certificate of public convenience and necessity from the city in accordance with article B of this chapter, or its successor. All persons having taxicab licenses on the effective date hereof shall have a certificate of public convenience and necessity awarded to them, allowing them to operate the same number of vehicles as they are presently authorized to operate, without the required public hearing and the public convenience and necessity having heretofore been demonstrated. Existing licensees shall not be required to comply with the other requirements of Article B of this Chapter, until January 2, 1999.
(1979 Code § 5.58.015; Ord. 98-54, 8-18-1998)
A. Application; Contents: Applications for taxicab licenses shall be made on forms to be furnished by the Business License Coordinator. In addition to the requirements of Chapter 1, Article A of this Title, the applications must set forth the following information concerning each vehicle for which a license is sought: the kind of vehicle, the name of the manufacturer, the model and year of manufacture, the seating capacity, the State license number for the current year, the engine and factory numbers or serial number, and the insignia and color scheme proposed to be used. The applications shall also contain such other information as the Business License Coordinator may from time to time specify. It shall be unlawful to make any false statement on an application for any such taxicab license.
(1979 Code § 5.58.030; amd. Ord. 98-54, 8-18-1998)
B. Fee For License: The fees for taxicab licenses shall be established in Chapter 1, Article B of this Title.
(1979 Code § 5.58.040; amd. Ord. 97-94, 12-16-1997; Ord. 98-54, 8-18-1998)
C. Vehicle Inspection; Compliance With Standards: No license shall be granted for any motorbus, carriage, omnibus, taxicab or other passenger vehicle until it has been thoroughly and carefully inspected and examined by or under the direction of the Chief of Police and found to be in a thoroughly safe condition for the transportation of passengers, clean, fit, of good appearance and well painted and varnished, and, further, found to comply with all applicable laws, ordinances and regulations of the State. No license shall be granted for any such vehicle unless it is equipped with a speedometer properly connected and functioning. The Chief of Police shall, at intervals, in his discretion, after the issuance of the license, make regular and thorough inspection of the licensed vehicle. The Business License Coordinator shall refuse a license to, or if already issued, the license for any vehicle found by the Chief of Police to be unfit or unsuited for public patronage may be revoked or suspended in accordance with the provisions of Chapter 1, Article C of this Title. The Chief of Police shall examine any taximeter attached to any licensed public vehicle to see that the same is accurate before a license for said vehicle may be issued. It is unlawful to operate or to place in service or allow to be operated on the streets of the City any public vehicle which fails to meet the minimum requirements specified in this subsection.
(1979 Code § 5.58.050; amd. Ord. 98-54, 8-18-1998)
D. License Card; Issuance: Upon satisfactory proof of the successful passing of the inspection made by the Chief of Police and the payment of the necessary fees and the compliance with all other sections of this Article, the Business License Coordinator shall issue to any person, firm or corporation operating a taxicab business in the City a taxicab license card for each taxicab license. The form and size of the card shall be prescribed by the Business License Coordinator and shall contain the official license number of the vehicle, the date of its issuance and a statement to the effect that in case of any complaint, the Chief of Police and the taxicab company shall be notified. The card shall be good for the license year of its issuance unless sooner revoked or suspended.
(1979 Code § 5.58.090; amd. Ord. 98-54, 8-18-1998)
E. Transfer; Replacement Vehicle; Report: The holder of an existing taxicab license may retire the licensed taxicab from service and operate another taxicab in the place thereof under the existing license, provided the licensee first reports in writing the proposed replacement, with all information on the replacing taxicab which would be required for an original license thereof, to the Business License Coordinator and receives a written permit to transfer said taxicab license. No such permit shall be issued unless the replacing taxicab conforms in all respects to the requirements of this Article.
(1979 Code § 5.58.110; amd. Ord. 98-54, 8-18-1998)
It is unlawful for any person to drive a taxicab upon the streets of the City without first having obtained a taxicab driver's license as provided herein. It is also unlawful for any person to drive any other public vehicle in the City unless he is duly licensed in the manner prescribed by law to drive such vehicle, or for any person to drive such vehicle without complying with any of the applicable provisions of this Article.
(1979 Code § 5.58.120; amd. Ord. 98-54, 8-18-1998)
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