94-9637 Vehicles For HireKuhn -Cox Priming —Salina. KTnsas
(Published in The Salina Journal June , ,?, 1994)
ORDINANCE NUMBER 94-9637
AN ORDINANCE AMENDING CHAPTER 40 OF THE SALINA CODE
PERTAINING TO VEHICLES FOR HIRE, AND REPEALING THE EXISTING
CHAPTER.
BE IT ORDAINED by the Governing Body of the City of Salina,
Kansas
Section 1. That Chapter 40 of the Salina Code is hereby amended
to read as follows:
CHAPTER 40
ARTICLE I. TAXICABS
DIVISION 1. GENERALLY
"Section 40-1. Definitions.
Whenever used in this chapter, the following terms
shall be defined as follows:
(1) Taxicab shall mean any motor vehicle used to carry
passengers for hire to a location in the city for which
public patronage is solicited, but shall not include a
vehicle:
(a) used exclusively for carrying passengers over
fixed routes;
(b) owned by a licensed mortician while used in
conjunction with a funeral service; or
(c) the operation of which is financed in whole or in
part by federal grant funding.
(2) Taximeter shall mean a mechanical device used to
measure the time and/or distance driven in the use of a
taxicab and to calculate the resulting charge.
(3) Taxicab Company shall mean any person,
partnership, corporation, or association licensed by the
city to operate one or more taxicabs.
"Section 40-2. Charges.
Each licensed taxicab company shall keep on file with
the City Clerk a schedule of its maximum charges. All
charges shall be conspicuously posted in each taxicab,
unless the charges have been determined by written
contract between the owner and the passenger. Any
charges based upon a combination of time and distance shall
be:
(1) measured by a fully operating and accurately
calibrated taximeter, and
(2) upon the request of a passenger, documented by
a receipt showing the distance traveled and the
resulting charge.
Any charge made to a passenger at a rate greater
than the maximum rate on file with the City Clerk shall be
a separate violation. It shall be unlawful for any person
to refuse to pay the legal charges for a taxicab.
Kuhr C., Printing —Salina Kansas —
"Section 40-3. Passengers.
No intermediate pickups shall be made without the
consent of the passengers then in the taxicab. It shall be
unlawful for the driver of any taxicab to carry more
passengers than for whom safely operating seat belts are
provided.
"Section 40-4. Items left in taxicab.
Any item of personal property left in a taxicab shall
.� be promptly delivered to the police department, unless the
item can be sooner delivered to its owner.
"Sections 40-5 - 40-10. Reserved.
DIVISION 2. BUSINESS LICENSE
"Section 40-11. Required.
It shall be unlawful for any person, corporation,
partnership, limited liability company, or association to
operate a taxicab without an annual taxicab company license
issued by the City.
"Section 40-12. Application.
Any applicant desiring to secure a license for the
operation of a taxicab company shall file with the City
Clerk written application forms provided by the City
Clerk. The application shall include a listing of the
vehicles to be operated by the taxicab company and shall
be accompanied by a copy of the title certificate for each
vehicle.
"Section 40-13. License fee.
The annual license fee, payable in advance, for the
taxicab company license shall be established pursuant to
Section 2-2 and shall include a base fee, plus a fee for
each taxicab operated.
"Section 40-14. Vehicles and inspections.
It shall be unlawful to operate a taxicab unless it is
in good physical and mechanical condition. In the interest
of public safety, any applicant shall be deemed to have
consented to reasonable inspections of its taxicabs at the
City's discretion and expense, and the City reserves the
right to make such inspections, to assure that each taxicab
is equipped with safely operating seat belts, brakes,
lights, tires, horn, muffler, rear view mirror, windshield
wipers, taximeter (when applicable) and knobs or handles
upon the inside of all doors by which each door can be
easily opened.
"Section 40-15. Annual inspection.
In addition to the City's general right to inspect all
taxicabs at its discretion, the taxicab company shall
submit its taxicabs for inspection by the City upon
application for an initial or renewal taxicab company
license. Any taxicab that has been inspected by the City
within ninety (90) days prior to the scheduled annual
inspection need not be reinspected.
"Section 40-16. Insurance required.
It shall be unlawful for a taxicab company to operate
a taxicab without the insurance coverage required in this
section. No taxicab company license shall be granted until
the applicant shall deposit and maintain with the City
—, Cox v ting — Salina, Han
Clerk a policy of automobile liability insurance issued to
the taxicab company in a form approved by the City and
issued by an insurance company admitted by the office of
the Kansas Commissioner of Insurance to issue this line of
insurance. The policy shall specifically identify the
covered vehicles and shall include limits of liability of
no less than those required by Kansas law for any policy of
motor vehicle liability insurance issued by an insurer to
an owner residing in this state. The policy shall include
recitals to the effect that the policy:
(1) is issued in accordance with and under the
requirements of this article;
(2) is issued for the benefit of and for the
purpose of protecting the public, including
passengers of a taxicab, against injuries or
damages resulting from the negligent
operation of the taxicab;
(3) shall remain in effect until cancelled as
provided below, regardless of any
statements, declarations, misrepresen-
tations, acts or omissions of the assured or
of any agent, employee, or representative of
the assured, whether in the application for
the policy or in the schedule of statements
or declarations contained or referred to in
the policy, or made, committed, or omitted
before or after the occurrence of any injury
or damages caused by the operation of such
vehicle; and
(4) shall provide that no cancellation of the
policy or any endorsement thereon shall be
effective until the expiration of ten (10)
days after notice of such cancellation shall
have been delivered to the City Clerk.
Any policy issued by any insurance company with
knowledge that a covered vehicle is to be used as a taxicab
in the City shall be deemed to include the provisions of
this article, whether such provisions are specifically
recited therein or not.
"Section 40-17. Issuance.
If the applicant meets all of the requirements of this
article, the City Clerk shall issue to the applicant a
taxicab company license which, unless revoked or
suspended, shall remain in effect until the following
December 31st. Subsequent renewals of the license shall be
based upon the calendar year.
"Section 40-18. Identification number and Certificate.
Upon the issuance of a taxicab company license, the
City Clerk will assign an identification number to each
taxicab to be operated by the taxicab company and shall
provide a certificate indicating that the taxicab is
operated by a licensed taxicab company in compliance with
this chapter. The identification number must be displayed
with letters no less than three inches (3") in height,
either on the vehicle itself or upon a front license
plate. The exterior identification number display
requirement may be waived by the City Clerk in the case of
a limousine type vehicle not advertised for regular taxicab
transportation. The certificate must be displayed in the
taxicab in a manner that it will be visible to any
passengers, unless the charges for service have been
determined by written contract between the owner and the
passenger in which case a copy of the certificate may
instead be attached to the contract.
Kuhn -Cox Prin��ng —Salina. Kansas
"Section 40-19. Taxicabs placed in service during
license year.
Whenever a taxicab company license holder wishes to
place a taxicab in service during the license year, either
in addition to or in place of existing taxicabs, the
licensee shall:
(1) notify the City Clerk and shall pay the
license fee applicable to each taxicab,
(2) submit the vehicle for inspection by the
city, and
(3) provide proof of the required insurance.
When all of the requirements of this chapter are met in
relation to the proposed taxicab, the City Clerk will
certify the taxicab in accordance with Section 40-18.
"Section 40-20. Nontransferable.
A taxicab company license, taxicab identification
number, and a taxicab certificate issued pursuant to
Sections 40-11 and 40-18, shall all be nontransferable.
"Section 40-21. Revocation or suspension.
(1) If a taxicab company operates or permits the
operation of a taxicab in violation of this chapter, the
City Manager may suspend its taxicab company license for a
period of up to ten (10) days. The suspension may be
appealed to the Board of City Commissioners by filing a
notice of appeal with the City Clerk, which appeal shall be
heard by the Board of City Commissioners at its next
regularly scheduled meeting.
(2) In the event of a second violation within a
licensing year, in addition to the suspension provided for
in subparagraph (a) , the City Manager may recommend to
the Board of City Commissioners that the taxicab company
license be revoked. The City Manager's recommendation
will be heard by the Board of City Commissioners at its
earliest regularly scheduled meeting which will allow for
five (5) days written notice of the hearing to the taxicab
company.
"Section 40-22 - 40-30. Reserved.
DIVISION 3. DRIVER'S LICENSE
"Section 40-31. License required.
It shall be unlawful for any person to act as a driver
of a taxicab without having first secured a license to be
issued by the City Clerk as provided in this article.
"Section 40-32. Application.
A taxicab driver's license shall be applied for in
writing on such forms as the City Clerk may prescribe.
Such application shall include the information necessary to
clearly identify the applicant and provide a basis for
determining whether the applicant's character or habits
makes the applicant unfit to transport the public.
"Section 40-33. License fee.
Each application for a license under this division
shall be accompanied by the payment of a license fee
established pursuant to Section 2-2.
K01 C1. Printing — Salina. K11111
"Section 40-34. Kansas driver's license.
In order to apply for and maintain a taxicab driver's
license an applicant must have and maintain a valid Kansas
driver's license.
"Section 40-35. Investigation, report on criminal record
of applicant.
Before a taxicab driver's license is issued, the Chief
of Police shall cause an investigation to be made of the
facts set forth in the application and of the record of
such applicant in the municipal court and the district
court of the county, and any other courts in which the
Chief of Police may have reason to believe the applicant
has a record, and shall report to the City Manager all
information secured from such investigation relative to the
applicant's record.
"Section 40-36. Approval of application; issuance;
appeal of denial.
(1) The City Manager shall consider the application
for a taxicab driver's license, the report and
recommendation of the Chief of Police, and any other
information which may come to him concerning the
applicant. If the City Manager is satisfied that the
applicant is a fit person to transport the public, the City
Manager may approve the application and direct the City
Clerk to issue the applicant a license, which, unless
revoked or suspended, shall remain in effect until the
following December 31st. Subsequent renewals of the
license shall be based upon the calendar year.
(2) Any denial of an application by the City Manager
may be appealed to the Board of Commissioners by filing a
notice of appeal with the City Clerk, which appeal shall be
heard by the Board of Commissioners at their next
regularly scheduled meeting. Any denial of an application
by the Board of Commissioners shall be subject to appeal
pursuant to then applicable state law.
"Section 40-37. Identification badge required.
At the time the taxicab driver's license application
is approved, a driver's license identification badge will
be issued. The badge shall be in a form prescribed by the
City Clerk and shall show the taxicab driver's license
number, badge number, and the expiration date of the
license. While on duty, the taxicab driver shall display
the identification badge in a manner that it will be
visible to any passengers. Only the identification badge
of the driver on duty shall be displayed in a taxicab.
"Section 40-38. Renewal.
In order to be considered for renewal of a taxicab
driver's license for a subsequent calendar year without
lapse, the license holder must file an application and pay
the applicable fee prior to December 20 of the current
license year. Consideration of the renewal application
shall be in the same manner and based upon the same
criteria as the initial application for a taxicab driver's
license.
"Section 40-39. Revocation or suspension.
(1) A taxicab driver's license may be revoked or
suspended by the City Manager for any of the following
reasons:
(a) Upon conviction of violation of any federal
or state law;
For operating any vehicle while under the
influence of drugs or alcohol;
(c) For reckless driving;
(d) For transporting open container;
(e) For leaving the scene of an accident;
(f) For failure to make full report of an
accident to the police department;
(g) For permitting another person to use his
license;
(h) For obliterating any official entry on his
license identification badge;
(i) Upon conviction of a third major traffic
violation during any one license year. A
major traffic violation is hereby defined to
include:
1. Speeding
2. Nonobservance of lights or signs
3. Improper brakes
4. Making a left or U-turn where not
permitted
5. Driving on the wrong side of the street
(j) For violation of or failure to comply with
any of the provisions of this chapter.
(2) Upon conviction of any item (a) through (h)
listed above, or upon entering into any diversion
agreement, the taxi cab license holder must immediately
notify the City Clerk of such conviction or diversion.
(3) A revocation or suspension of taxicab driver's
license may be appealed to the Board of Commissioners by
the licensee filing a notice of appeal with the City Clerk,
which appeal shall be heard by the Board of Commissioners
at their next regularly scheduled meeting.
(4) Upon a revocation, the taxicab license holder
shall deliver the driver's license identification badge to
the City Clerk and shall be ineligible to apply for
relicensing for two years from the effective date of the
revocation. Upon a suspension, the taxicab license holder
shall deliver the driver's license identification badge to
the City Clerk for the duration of the suspension".
Section 2. That the existing Chapter 40 of the Salina Code is
hereby repealed.
Section 3. That this ordinance shall be published once in the
official city newspaper and shall be in full force and effect as of July 1,
1994.
Introduced: June 13, 1994
Passed: June 20, 1994
[SEAL] se A. Warner, Mayor
ATTEST:
Jud D.
g n , Cit rk
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