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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)
A. Permitting Unlicensed Or Illegal Operation Of Vehicle: It is unlawful for any owner or person in charge of any carriage, omnibus, taxicab or other public vehicle to permit such vehicle to be driven by any person who has not been licensed in the manner prescribed by law or to permit such vehicle 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 § 5.58.210; amd. Ord. 98-54, 8-18-1998)
B. Charging Other Than Approved Rates: No operator of taxicabs 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 or which exceeds the maximum rates provided herein.
(1979 Code § 5.58.260; amd. Ord. 98-54, 8-18-1998)
C. Soliciting Of Passengers; Obstruction Of Traffic: Taxicab drivers may solicit passengers for hire by cruising the streets of the city, but it shall be unlawful for the driver of any taxicab to solicit passengers for hire or to invite or to call the attention of the public to his taxicab by word of mouth, signals, nods, whistles, shouts or other signs from his taxicab while traveling on the streets of the city. Nothing contained in this subsection shall be construed as prohibiting taxicabs from receiving or discharging passengers at public places or gatherings, such as theaters, hotels, public buildings, stadiums, transportation terminals, etc. Taxicab drivers shall at all times drive with the normal flow of traffic in any manner whatsoever.
(1979 Code § 5.58.270; amd. Ord. 98-54, 8-18-1998)
D. Refusal To Pay Fare: It is unlawful for any person having hired any licensed public passenger vehicle and having ridden therein to fail or refuse to pay his fare, not exceeding the rate fixed by this article.
(1979 Code § 5.58.300; amd. Ord. 98-54, 8-18-1998)
E. Refusing To Convey Passengers: It is unlawful for the owner or driver of any licensed public vehicle, when not otherwise engaged, to refuse to convey any persons 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 § 5.58.310; amd. Ord. 98-54, 8-18-1998)
F. Fraud And Misrepresentation: It is unlawful for the driver of any licensed public vehicle, or for any person soliciting patronage for any public vehicle, 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 § 5.58.380; amd. Ord. 98-54, 8-18-1998)
G. Disorderly Conduct: It is unlawful for the driver, porter, chauffeur, solicitor or runner of any licensed public vehicle, 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 passengers 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 § 5.58.390; amd. Ord. 98-54, 8-18-1998)
The words and phrases used in this Article shall have the meanings defined and set forth as follows:
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 business in the transportation of handicapped persons, pursuant to the provisions of this Article.
HANDICAPPED PERSON: A person who is not acutely ill, who does not, for any reason, require the service of an ambulance, and who, by reason of physical or mental infirmity may not be conveniently transported in public mass transportation, or in a taxicab without the special equipment provided for in this Article.
HOLDER: A person to whom a certificate of public convenience and necessity has been issued.
MANIFEST: A daily record prepared by a driver of a "special transportation vehicle", as defined in this Article, of all trips made by said driver showing times and places of origin and destination, number of passengers, and the charge for each trip, and generally the nature of the illness or handicap of each person transported.
PERSON: Includes an individual, a corporation or other legal entity, a partnership and any unincorporated association, excluding, however, the United States, the State of Utah, or any political subdivision or instrumentality thereof.
SPECIAL TRANSPORTATION VEHICLE: Any specially constructed motor vehicle which is designed, and equipped and used for the transportation of "handicapped persons", as defined in this Article.
TRANSPORTATION: The carrying or movement by "special transportation vehicles" of handicapped persons. Such transportation shall not include, however, the movement of sick, injured or infirm persons who require the use of a stretcher or litter.
(1979 Code § 5.63.010; amd. Ord. 98-54, 8-18-1998)
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