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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)
A. Licensing Requirements: Every person driving a licensed taxicab must be licensed as such. Each applicant for a taxicab driver's license must:
1. Be of the age of twenty one (21) years or over;
2. Be of sound physique, with good eyesight, and not subject to epilepsy, vertigo, heart trouble or any other infirmity of body or mind which might render him unfit for the safe operation of a public vehicle;
3. Be able to read and write the English language;
4. Be clean in dress and person, and not be habituated or addicted to the use of intoxicating liquor or drugs;
5. Produce affidavits of his good character from two (2) reputable citizens of the City who have known him personally, and a similar affidavit from his last employer, unless, in the opinion of the Chief of Police, sufficient reason is given for its omission;
6. Fill out upon a blank form, to be provided by the Chief of Police, a statement giving his full name, residence, places of residence for five (5) years previous to date of application, age, color, height, color of eyes and hair, place of birth, length of time he has resided in the City, whether a citizen of the United States, places of previous employment, whether married or single, whether he has ever been arrested or convicted of a felony or misdemeanor, whether he has previously been a licensed driver or chauffeur and, if so, whether his license has ever been revoked and for what cause; which statement shall be signed and sworn to by the applicant and filed with the Chief of Police as a permanent record. It shall be unlawful for the applicant to make any false statement on said form; and
7. Produce evidence that the applicant has a current motor vehicle license, with a taxicab endorsement, issued by the State.
(1979 Code § 5.58.130; amd. Ord. 98-54, 8-18-1998)
B. Examination By Chief Of Police: Each applicant for a driver's license under the provisions of this Article shall be examined by the Chief of Police as to his knowledge of the provisions of this Article, the traffic regulations and the geography of the City, and, if the result of the examination is unsatisfactory, he shall be refused a license. Each such applicant must, if required by the Chief of Police, demonstrate his skill and ability to safely handle his vehicle and his knowledge of the mechanism of an automobile.
(1979 Code § 5.58.140; amd. Ord. 98-54, 8-18-1998)
C. Photographs: Each applicant for a driver's license must file with his application four (4) unmounted, unretouched, photographs of himself in such position as the Chief of Police may direct, taken within the thirty (30) days preceding the filing of his application. The photographs are to be of a size which may be attached to his/her license. One photograph shall be attached to the license when issued, one shall be attached to the plastic badge, one shall be filed with the Business License Coordinator and the fourth with the Chief of Police. The photograph should be so attached to the license that it cannot be removed and another photograph substituted without a detection. Each licensed driver shall, upon demand of any police officer or passenger, exhibit his license and photograph for inspection. Where the application for a license is denied, three (3) copies of the photograph shall be returned to the applicant and one retained by the Chief of Police.
(1979 Code § 5.58.150; amd. Ord. 81-27, 6-25-1981; Ord. 98-54, 8-18-1998)
D. Fingerprints: Each applicant for a driver's license shall, upon submitting his application, file with the Chief of Police the impressions of the fingerprints of his right and left hands. Such impressions shall be placed upon file forms furnished by the Chief of Police. Applications, with photographs and fingerprint impressions attached, shall be inspected and examined by the Chief of Police, and no driver's license shall be issued until the receipt in writing from the Chief of Police of a report showing the result of the investigation of the applicant and an examination of the fingerprint impressions.
(1979 Code § 5.58.160; amd. Ord. 98-54, 8-18-1998)
E. Fee; Issuance; Term: The fee for a driver's license shall be as established in chapter 1, article B of this title. Upon payment of the fee and compliance with the other requirements therefor, the business license coordinator shall issue the applicant a driver's license and the badge required by this article. The driver's license shall expire two (2) years after date of issue. It shall be in such form as to contain the photograph and signature of the licensee and a blank space upon which a record may be made of any arrest, revocation, suspension or serious complaint against the licensee. It shall be unlawful for any licensee to deface, remove or obliterate an official entry made upon his license.
(1979 Code § 5.58.170; amd. Ord. 81-27, 6-25-1981; Ord. 97-94, 12-16-1997; Ord. 98-54, 8-18-1998)
F. Driver's Badge: There shall be delivered to each licensed driver a plastic badge of such form and style as the chief of police may prescribe, with the driver's picture, signature and license number thereon, which must, under penalty of the revocation of the license, be constantly and conspicuously displayed on the driver's cap or person when he is engaged in his employment as a taxicab driver. Such badge shall be nontransferable, and it shall be unlawful for any person to wear any such badge or one so similar as to deceive any person, unless the same has been regularly issued, as provided in this article, to the person wearing it.
(1979 Code § 5.58.180; amd. Ord. 98-54, 8-18-1998)
G. License Suspension, Revocation: The driver's license may be suspended or revoked, in accordance with chapter 1, article C of this title, upon the recommendation of the chief of police, for a violation of any of the provisions of this article, or for violation of any ordinance of the city or the state that involves a crime against the person or property of another. Any such suspension shall be noted on the license, together with a statement of the reasons thereof, and the driver shall thereupon be suspended or deprived of his badge, the badge to be returned at the expiration of the period for which the license was suspended. A second suspension for the same reason or a third suspension for any reason shall be cause to permanently revoke the driver's license. No driver whose license has been so revoked shall again be licensed as a driver for licensed public vehicles in the city except upon presentation of reasons satisfactory to the mayor.
(1979 Code § 5.58.200; amd. Ord. 98-54, 8-18-1998)
There shall be kept in the office of the business license coordinator a complete record of each license issued to a driver and of all renewals and revocations or suspensions thereof, which record shall be kept on file with the original application of the driver for a license.
(1979 Code § 5.58.190; amd. Ord. 98-54, 8-18-1998)
A. Maximum Rates; Filing:
1. a. An owner or driver of a taxicab may establish and charge mileage rates lower than, but shall not establish and charge any mileage rates for the use of a taxicab greater than, three dollars fifty cents ($3.50) for flag drop, which flag drop includes up to the first one-tenth (1/10) mile traveled, and thirty five cents ($0.35) for each additional one-tenth (1/10) mile or fraction thereof. An owner or driver of a taxicab may establish and charge a rate for waiting time lower than, but shall not establish any rate for waiting time greater than, thirty five dollars ($35.00) per hour.
b. An owner or driver of a taxicab may establish and charge a surcharge to the rates set forth in subsection A1a of this section for increases in the cost of fuel as reported by American Automobile Association for average fuel costs for Utah. The rates indicated in subsection A1a of this section contemplate a fuel cost of four dollars ($4.00) per gallon of regular unleaded fuel. For each additional ten cent ($0.10) increase in fuel costs, the owner or driver may charge not more than an additional five cent ($0.05) per mile surcharge. The owner or driver of the taxicab must keep records which support the imposition of the fuel surcharge, which records shall be available to the mayor or the mayor's designee, or such other regulatory agency that may have jurisdiction over taxicabs.
2. It shall be the duty of every holder of a certificate and operator of a taxicab to file with the city a schedule of its maximum rates with the business license coordinator and shall notify the business license coordinator in writing of any change in the maximum rate at least fifteen (15) days prior to such new rate being placed into effect.
B. Taximeters:
1. Computation Of Fare: The fares for transportation by taxicabs shall be computed by taximeters in accordance with the rates allowed in this article.
2. Maintenance; Operation: It shall be the duty of every person owning or operating a taxicab to keep the taximeter thereon in good and workable condition and to set the taximeter at the beginning of every work shift in the usual way so that it will register and compute fares on a basis of mileage and waiting time, and such taximeter shall be so placed that the face thereof where the fare is registered will be plainly visible to passengers within the vehicle.
3. Inspection Required; Allowable Error: No license shall be issued to a taxicab until the taximeter attached thereto shall have been inspected by the chief of police and found to be correct, and no person shall use or permit to be used upon any taxicab a taximeter which shall be in such a condition as to be over five percent (5%) incorrect to the prejudice of any passenger.
C. Driver Remain Near Vehicle: It is unlawful for any person, while engaged as a driver, chauffeur, solicitor or attache of a licensed public vehicle, to leave the immediate vicinity of the vehicle except for the purpose of assisting passengers or securing or delivering their baggage upon the request of his patrons.
D. Driver May Demand Payment In Advance: The owner or driver of any licensed public passenger vehicle 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.
E. Occupant To Have Exclusive Use: When a taxicab 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 taxicab to solicit or carry additional passengers therein except with the consent of the passenger.
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.
G. Manifest:
1. Maintenance Required: Every taxicab 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 taxicab business and shall be of a character approved by the mayor.
2. Retention; Right Of Inspection: Every owner of a taxicab 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 and the city attorney, or any of them, or any person or persons designated by any of them.
H. Display Of License Card; Driver's License: There shall be displayed in a suitable holder, in a conspicuous place inside of each cab, within the plain view of any passenger, the card issued by the city containing the official license number for the taxicab, the driver's license of the driver, with his picture, the telephone number of the taxicab company and a statement that the chief of police and the holder of the taxicab license are to be notified in case of any complaint about the quality of the taxicab service.
I. Driver Or Owner To Give Name And Number: It is unlawful for the owner or driver of any licensed public passenger vehicle upon being requested to do so to refuse to give the number of the vehicle and the name of the driver thereof.
(1979 Code §§ 5.58.220, 5.58.230, 5.58.240, 5.58.250, 5.58.280, 5.58.290, 5.58.320, 5.58.330, 5.58.340, 5.58.350, 5.58.360, 5.58.370; amd. Ord. 98-54, 8-18-1998; 1999 Code; Ord. 99-45, 12-7-1999; Ord. 2004-9, 2-3-2004; Ord. 2006-21, 4-25-2006; Ord. 2008-50, 10-21-2008)
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