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4952 TaxicabsORDIT,'ANCE NO. 4952 Published in the Book of Revised Ordinances, City of Salina AN ORDINANCE relating to and regulating taxicabs and the conveyance of passengers for hire in the City of Salina; fixing fares and rates therefor; providing for the licensing of taxicabs and the drivers thereof and the use of taximeters; establishing the rules and regulations for the operation thereof; making provisions for the carrying of liability insurance; providing penalties for the violation of this ordinance and repealing ordinances numbers 2948 passed March 3, 1924; 3306 passed Idovenber 1, 1926; 4625 passed March 23, 1936; 4633 passed April 20, 1936 and 4787 passed October 11, 1937, and all other ordinances or parts of ordinances in con- flict herewith. BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. Definitions: 'Whenever used in this ordinance the following terms shall be respectively defined as follows: (a) The word "street" shall mean and include every public street, alley, avenue, road, highway, thoroughfare or public place in the City of Salina. (b) The word "taxicab" as used herein shall include every and all motor vehicles carrying passengers for hloe for which a charge is made and for which public patronage is solicited, pro- vided however, that motor busses operating under a franchise from the city or operating under authority and jurisdiction of the State Corporation Commission shall/not be termed taxicabs within the meaning hereof. (c) "Person" and/or iPersons" shall mean and include any person, firm, association, co -partnership or corporation. (d) Taximeter: A mechanical device affixed to taxicabs and designated to measure the distance'driven and calculate the charge therefor, which is so in- stalled that the figures or fares as stamped by the machine, maybe given to the passenger as a receipt. (e) Use of any word in the singular shall include plural, and use of plural shall include singular. Section 2. License Required: To person, either acting as owner, principal, agent, emplcyee, lessee, or licensee shall operate or per- mit to be operated upon the streets of the City of Salina any taxi- cab without first having procured a license therefor as hereinafter provided. Section 3. Application: Title Certificate: Any person desiring to.secure a license for the operation of a taxicab within the City of Salina shall file with the City Clerk a written application con- taining the following information: (a) the full name and address of the owner and operator, (b) make, motor and type of vehicle, (c) seating capacity (including driver), (d) motor and serial number and state license nluaber of vehicle, (e) principal place of business, office address and name, and night and day telephone numbers, of the manager in charge of operation of such taxicab, and if the owner or operator is a corporation, the name of officers and directors of such corporation and if a partnership, the name of all the partners, (f) name of insurance carrier carrying liability insurance on such taxicabs as required in this ordinance and the number and date of issuance and date of expiration of such policy, and such other in- formation, statements and agreements as may be required, on a printed form furnished by the City Clerk for such purpose. The application f shall be accompanied by the title certificate issued by the State of Kansas showing ownership of such vehicle, which certificate shall be r left with the City Clerk while any license issued on such application is in effect. Section 4. Conditions of License: Transfer: Any license for the operation for a taxicab shall apply to and cover only the specific vehicle described in the application therefor until on application duly made by the same owner and opei°ator the right to transfer such license i to another vehicle is granted by the Board of Commissioners. Every application shall be signed by the owner of the vehicle described in i the application and by any other person in any manner interested in the direction, operation or control thereof and under whose name it is to r be operated and such additional persons shall be described in such application and in any license issued pursuant thereto as the operator. i No license issued for the operation of any taxicab shall be assigned or transferred to any other person as owner or operator except upon applica- tion for such transfer made to and granted by the Board of Commissioner., and it shall be unlawful for any person to use, drive or operate either as owner, operator or driver, any taxicab within the City of Salina which shall not have been duly licensed, or which is not being operated bar the owner and/or operator to whom the license for such vehicle was issued on or which any license has been cancelled, or which has ceased i to be operated by the owner or operator named in the license or in the i duly approved transfer thereof. Section 5. License Approved by Board of Commissioners: The appli- cant for any such license shall at the time the application is filed i with the City Clerk pay to the City Clerk the fee for such license as provided for by this ordinance and the City Clerk shall thereupon after inspection and approval of such vehicle by the license inspector as provided for in this ordinance, present such application to the Board of Commissioners at the next regular meeting of such board. The Board of Commissioners shall if they consider that the public convenience and necessity require the licensing of such taxicab, in addition to any other taxicabs which may at that time be operating under licenses issued by the city, and if they deem the applicant therefor to be of good moral character and that such applicant or any person employed by him will operate the taxicab for which a license is desired properly and for the best interests of the Dublic and that they will conform to and obey the ordinances of the city relative to the ope_-ation of taxicabs and all other ordirances of said city, grant a license to such applicant covering; the taxicab described in his application and direct the City clerk to issue such license; Provided, however, that the Board of Commissioners shall not approve or have in effect at any one time licenses for taxicabs in a number in excess of the i num;er which the Board of Commissioners may deem necessary for the best interests and convenience of the inhabitants of the City of Salina or the general public, or in such number that the owners and operators of the licensed taxicab and their employees might in the opinion of the Board of Commissioners be apt to engage in practices which would be detrimental to the best interests of the i city and its inhabitants and the general public, and shall reject v and deny any application in the event that they consider that the granting of such license would increase the number of taxicab licensed to operate in the city of Salina beyond the number nec- essary for the best interests and convenience of the inhabitants of said city and the general public, or if for any other reason they deem that the granting of such license would be detrimental to the public interest. Section 6. Insurance Required. It shall be unlawful to operate a taxicab for hire or to permit the same to be operated in the City of Salina and no license for the operation thereof shall be granted by the Board of Commissioners of said city until the applicant for a license shall deposit with the City Clerk a policy of liability insurance issued to and covering such applicant and the taxicab described in his application, in such form as shall be acceptable to and approved by the Board of Cormissioners, and issued by an insurance company or association approved by said Board and in such amount as said Board may deem sufficient to adequately protect the interests of the public, which policy shall bind the company or associa- tion issuing the same to pay compensation for injuries to or death of persons and for loss of or damage to property resulting from the negligent operation of such taxicab, and shall make such additional arrange:ients for the protection of the public supplementing such insurance policy as the Board of Commissioners shall require and approve. Any such insurance policy shall have incorporated therein, or attached thereto by endorsement thereon, recitals to the effect that the policy is issued in accordance with and under the require- ments of the ordinances of the City of Salina pertaining thereto and that it is issued for the benefit of and for the purpose of protecting the public, including passengers therein, against injuries or damages i resulting from the negligent operation of said taxicab and that it shall i , i remain effective until cancelled as herein provided for, irrespective of any statements, declar,tions, misrepresentations, acts or omissions i of the assured or of any agent, servant, employee or representative of i assured, either in the application for said policy or in the schedule of statements or declarations contained or referred to in said policy, in- cluding statements as to ownership, or made, committed or omitted before or after the occurrance of any injury or damages caused by the operation of any such vehicle, and shall provide that no cancellaton of the policy or any endorsement thereon shall be effective until the expiration of ten days after notice of such cancellation shall have been delivered to the City Clerk, and such other recitals as may be approved by and re- quired by the Board of Commissioners, and any policy or certificate of insurance issued by any company or association with knowledge that the vehicle described therein is to be used as a taxicab in the City of Salina shall be deemed to include the provisions of this ordinance whether such provisions are specifically recited therein or not. Section 7. Inspection of Taxicabs; Maintenance; Suspension by Inspector: '.hen an application for a taxicab license or for the transfer of a license from one vehicle to another is filed with the City Clerk i he shall refer the same to the City License Inspector (and until other- wise provided by ordinance the City Building Inspector shall be ex -officio License Inspector) and it shall be the duty of such inspector to examine such vehicle as to its physical and mechanical condition, including its brakes, lights, and other equipment and its registering meter, if any, and to certify to the Board of Commissioners his approval or rejection of such taxicab, and no application for license shall be approved by the Board of Commis-ioners and no license shall be issued by the City Clerk until the condition of such vehicle has been approved and certified by the license inspector. The decision of the license inspector with reference to such condition shall be final and conclusive, except that the Board of Commissioners may if they deem it proper and necessary, direct the issuing of license for any taxicab which may be rejected by tre inspector and the Board may also at any time inquire with reference to the condi- tion of any taxicab and may at any time revoke the license of such taxi- cab if in the opinion of such Board its physical and mechanical condition renders it unfit for use as a taxicab. In addition to the inspection required for the issuing a license, it shall be the duty of the license inspector to make an examination of each taxicab at least once each three months from the date of the original inspection, or oftener if necessary, as to its and physical mechanical condition and the license i inspector is hereby empowered to suspend the license of such taxicab until the owner or operator of such taxicab shall have repaired the same or restored such taxicab to such physical and mechanical condition as shall meet the approval of the license inspector, and it shall be the duty of the license inspector upon the suspension of any such taxi- cab license by him to report such suspension to the office of the City Clerk and to the Chief of Police and no owner, operator, or driver of any taxicab, the license for which has bee n so suspended by the license inspector, shall allow or permit such taxicab be used until the same shall be re-inspected and approved by the license in- spector. Section 8. Fees for Inspection: Before examining and certifying the condition of any taxicab the applicant for a license or any licensee whose vehicle is to be inspected shall pay the license inspector an inspection fee of y$1.00 for each vehicle inspected by him which shall be paid by him into the City Treasury and no license shall be issued or transferred from one vehicle to another, until such inspection fee is paid, or if inspection is required of a vehicle already licensed, such license shall be revoked upon the i failure of the licensee to pay such fee. Section 9. Clerk to Issue License: �io;natures; Register After the application for any taxicab license has been filed with the City Clerk and the condition of the vehicle described therein pro- vided by the license inspector and the insurance covering such vehicle approved by the Board of Commissioners and after the license fee pro- vided for herein has been paid to the City Clerk and the application f orlicense approved by the Board of Commissioners the City Clerk shall issue a license for the ownership of such taxicab which shall contain the name of the licensee including both owner and ope°ator and a des- cription of the vehicle licensed and before any such license is de- livered to thelicensee it shall be endorsed thereon in the presence of the City Clerk the signature of owner and operator named in such license. The City Clerk shall keep a register of all such licenses issued by him showing the name of the owner and operator to whom the license is issued, the description of t',-Ie vehicle including motor and serial number, the name of any person to whom any assignment and transfer of any license or of any licensed vehicle is made, the date when issued or transferred, the amount paid for such license, the date of its ex- piration, the name of the insurance carrier with the ni_Lmber and date of I date of expiration. policy and Section 10. License Fees; Revocation; Age of Licensee:_ The amounts to be paid for a license under the provisions of this ordinance shall ' d be as follows; For each vehicle with a seating capacity of more than five persons X30.00 per annum or major portion thereof and for each vehicle with a seating capacity of five persons or less, 025.00 per annum or major portion thereof. Every license so issued shall expire on the 31st day of December of the year in which such license was issued. If any such license is issued on or after July first of any year the license fee for the remaining portion of such year shall be one-half of f the annual rate hereinabove fixed. No license so issued shall be assignable except as provided for in this ordinance and the same may be revoked by the Board of Commissioners upon the conviction of the licensee of having violated any of the provisions of this ordinance and said Board may also revoke such license for any cause which the Board may deem constitutes reasonable gPounds for such revocation, and also and i in such manner and for such causes as are otherwise in this ordinance provided for. No such license shall be granted to any person under twenty-one years of age. Section 11. Maintenance of Taxicabs: It shall be unlawful for i any person either as owner, opl-ator or driver to drive, operate or use on the streets of Salina any taxicab which is not in good sound, safe and fit condition mechanically and otherwise, including brakes, lights and other equipment, or which is in any manner defective, unsafe or unfit for use. i Section 12. License; Posting; Inspection; Identification: The i license issue by the City Clerk for the operation of any taxicab and also the drivers license issued by the City to the driver thereof, or identification cards issued by the City Clerk as provided for in this ordinance, shall at all times, while the taxicab is being used or maintained or offered for use for hire to the public, be kept in a conspicuous place in the taxicab itself, and shall be subject to inspection at any time by any officer of the City of Salina. The owner and driver thereof shall also upon demand furnish to the officer inspecting the taxicab his signature made in the presence of such officer for the purpose of identification. Section 13. Drivers License; Application: It shall be unlawful for any person to act as a driver of a taxicab or livery car without having first secured a license to be issued by the City Clerk of the City of Salina, as herein provided. Such license shall be applied for in writing on such forms as the City Clerk may prescribe, and such application shall include; (a) ":he name, age, sex, weight, height, color or eyes, and hair of applicant, his residence address and length of residence in the City of Salina. (b) Vihether or not the applicant has heretofore been licensed as a chauffeur or taxicab driver, and if so, when and by what city or state, and whether such license has been revoked or suspended, and if so, the date of such revocation and suspension. (c) The number of times and places arrested, and/or convicted for traffic violations. (d) The experience the applicant has had in driving motor vehicles. (e) The name of the person by whom the applicant is employed and name and address of employer during the preceding two years and k'nd of employment. (f) Whether or not the applicant has ever been convicted of a felony or misdemeanor, giving particulars of each such conviction. (g) Each applicant shall furnish four recent photographs of himself, not less than 22" by 31' and not more than 2111 by 34", and submit to finger prints by the Police Department. One of said photographs shall be attached to the copy of the application filed in the Police Department, one shall be attached to the application filed with the City Clerk, one shall be attached to the license issued to such driver and one to the identification card hereinafter provided for, which shall be conspicuously displayed in any taxi- cab being driven by such person. (h) A statement that the applicant is in good health. (i) The applicant must name three (3) reputable persons who have known him for one year or more immediately prior to such application. Such persons given as reference must be residents of the City of Salina, Kansas. Such application shall be made in duplicate, and both copies shall be referred by the City Clerk to the Chief of police. The Chief of Police shall endorse his report and recomrlendation on both copies, one of which shall be returned by him to the City Clerk and one retained in the files of the Police Department, together with the finger prints of the applicant. Each application shall be accompanied by the payment of an examination and license fee of One Dollar ($1.00) and in the event the applicant is refused a license, such fee shall be retained by the City of Salina. r.P - I Section 14. Same; Investigation of Applicant by Police; lAoral and I Physical Requirements: Every applicant must be at least Twenty-one (21) years of age and have resided in the City of Salina for at least one year next preceding the filing of such application. Before a license i 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 Police Court of Salina and the District Court of Saline County, Kansas, and any other Courts in which he may have reason to believe the applicant has a record, and shall report to the Board of Commissioners all information secured from such information relative to the applicantis record in any court, and shall not approve the issuance of a license to any person who has been convicted of the violation of any of the criminal laws of the State of Kansas or has been convicted of a felony in any other state or has been convicted of violating any of the ordinances of the City of Salina involving moral turpitude. Provided, however, that the Chief of Police may in any case where more than three years has elapsed since any such person has been convicted of any offense herein described, and where he believes the general reputation and integrity and responsibility of the applicant during such time is such that such applicant would at the time of the application be a fit person for such occupation, he may recommend to the Board of Commissioners of the lity of Salint, that a license be granted. The chief of Police shall also cause such applicant for a driver's license to be examined as to his knowledte of the provisions of the ordinances of the City of Salina relating to traffic, as well as geography of the city, and if the applicant fails to show a reasonable knowledge of such matters, he shall be refused a license. Each appli- cant must, if required by the police department, demonstrate his skill and ability to safely handle an automobile by driving it through a crowded section of the city, accompanied by a member of the police department. If the applicant is found to be a fit and proper person to operate and drive a taxicab, by the Chief of Police, he may recommend to the Board of Commissioners of the City of Salina that a license be granted. The Board shall then consider the application and the report and recommendation of the Chief of Police and any other inforr,ation which may come to the Board concerning the applicant, and if the Board is satisfied that the general reputation for integrity and responsibility of the applicant is such as to render such applicant fit for such occupation it may approve the application and direct the City Clerk to issue such applicant a license. No license shall be issued to any persons who fro m general physical appearance or for any other reason is not in the opinion of the Board of Commissioners morally and physically fit to drive or operate a taxicab or livery car in the City of Salina or to any person whose general reputation for integrity and responsi- bility, or whose previous record as a law violator or otherwise is such as to render the applicant unfit for such occupation in the opinion of the Board. Section 15. Same; Expiration; Renewal: All drivers licenses shall expire on the 31st day of December of each year. Prior to the expiration of any such license, the driver may file an application for renewal and may obtain a new license upon the payment of a fee of One Dollar (w1.00), if such renewal application is filed on or before December 20th of the year in which an existing license expires and in such event, no new license application shall be required. However, before any renewal license is issued, the applicant must secure the approval of the Chief of Police in the same manner and upon the requirements as ar" provided for in Section 14 hereof., and new photographs shall be furnished if in the opinion of the Chief of Police, they are necessary for proper identification. No refund shall be made for any reason whatsoever, and no license shall be prorated. Section 16. Drivers Identification Card: At the time the drivers license is issued a drivers license identification card shall also be issued. Said card shall be of a form prescribed by the City Clerk, and shall contain the picture of the driver affixed in such a manner that another picture cannot be substituted therefor without detection. The drivers license number, card nimber, m d the expira- tion date of said license shall also be shown thereon. Said card shall have space on the reverse side for entering violations and fines. Section 17. Display of Identification Card: The drivers license identification card shall be conspicuously displayed in such a manner that the entire card is visible from the rear seat of the automobile which the driver is operating, and the only driverls license identi- fication card displayed shall be the one belonging to the driver who is on duty at that time. Said card shall be enclosed in a frame, with glass or other transparent front, so that the same shall be clearly discernable to and can be read by the passenger in the rear seat. No drivers license shall be transferable. No driver shall operate a taxicab and livery car unless he shall have his identifica- tion card so displayed. The driver shall be responsible for keeping said card in a good condition and it shall be unlawful to have a torn j or illegible card. Section 18. Identification Card: Duplicate:. In case of a loss of alicense identification card the owner may file with the City Clerk a sworn statement of the facts concerning such loss, and if the City Clerk is satisfied that the facts justify the issuance of a replacement card, he shall on the payment of a fee of fifty cents (50¢x) issue a dup- licate card. Such duplicate card shall be plainly narked "duplicates, and the number of the original card shall be furnished to the Police Department, as well as the number of the duplicate card. Section 19. Revocation: Suspension of Drivers License: A drivers license shall be revoked by the Chief of Police for any of the follow- ing reasons: (a) Upon conviction of violation of any Federal or State Law. (b) For operating any vehicle while drunk. (c) For leaving the scene of an accident. (d) For failure to make full report of an accident to the Police Department. (e) For permitting any other person to use his license. (f) For obliterating or erasing any official entry on his license identification card. (g) Upon conviction of a third major traffic violation during anyone license year (A major traffic violation is hereby defined to be, (1) speeding, (2) Reckless driving (3) lion - observance) of lights or signs, (4) Driving while drunk, (5) Improper brakes, (6) Making a left or U-turn where not permitted, (7) Driving on the wrong side of the street). A drivers license may be suspended by the Chief of Police for a period of not to exceed ni, ety (90) days for any of the following reasons: (a) First and second offenses of any major traffic violation. (b) Repeated infractions of minor traffic laws or rules. j Whenever a drivers license is revoked or suspended the Chief of Police shall take up the drivers license and license identification card and forward same to the City Clerk together with a full report of the reasons for such revocation or suspension. No person whose license has been revoked shall be eligible to receive a new license until one year from the date of such revocation. In case of the revocation or suspension of the license the driver shall have the right to appeal to the Board of Commiss loners of the City of Salina, by notifying the City Clerk of his intention to appeal within three days, and thereafter presenting the matter at the next regular meeting of the Board of Commissioners, but any revocation or suspension shall remain in effect until such appeal is heard and until such revocation or suspension is rescinded or set aside by such Board. i Upon the hearing of any appeal from an order of suspension, or on consideration of any report of suspension made by the Chief of Police, the Board may revoke any such license. i Section 20. Specifications for Taxicabs: No taxicab shall be licensed unless it shall have the following equipment and comply with the following specifications and requirements: (a) Posting Cards; Every taxicab shall be equipped with a frame for the proper idisplay of the ownerls fare -rate card and the owner's and driver's identification cards, as required by this ordinance and the laws of the State of Kansas. Such card shall be so placed that they can be plainly seen by the passenger riding in such taxicab. The fare rate card shall state clearly the rates of fare to be charged. If the fare to be charged is upon a mileage basis, it shall so state and shall give the schedule of rates; if the fare to be charged is based upon the carrying of passengers within certain locations, bounded by streets, as is hereinafter provided for, it shall so state, and shall state the rate to be charged for the carrying of passengers through each district. The type used for the printing of said names and the rates fare of shall be of sufficient size and shall be so illuminated at night, that it can be clearly read at a dist,-;nce of three (3) feet. (b) Knobs or Handle of Doors: Every taxicab shall have a knob or handle upon the inside of all doers thereof by which said doors may be easily opened from the inside. (c) Name and Number on Outside of Cab: Every taxicab that is authorized and licensed to operate in the City of Salina shall be assigned a number by the City Clerk of said city, and it shall be unlawful to operate a taxicab within the City of Salina unless said number is printed on a door on each side, and on the rear of the said taxicab, in plainly visible numerals at least three (3) inches in height. Each taxicab shall have painted thereon on each side the name or names of the persons or company owning and operating the same; the letters constituting said names shall be block letters and at leasttwo (2) inches in height. Section 21. Appointment of 11anager: Two or more owners or operators of taxicabs associated together in any partnership, association, or joint enterprise or doing business under a joint or common name or from the game office or headquarters and every corporation owning and/or operating taxicabs within the City of Salina shall within fifteen days from the effective date of this ordinance elect or appoint some one individual as manager of such J_8 I partnership, association, joint enterprise or corporation who shall be responsible for the operation of all taxicabs and automobiles for hire of such partnership, association, joint enterprise or corporation in said city. The name of such manager of each partner- ship, association, joint enterprise or corporation operating taxi- i cabs or automobiles for hire upon the streets of the City of Salina i shall be immediately reported to the City Clerk and to the Chief of Police. No such partnership, association, joint enterprise or corporation shall hereafter operate, or be licensed to operate any taxicab or automobile for hire upon the streets of the City of i Salina without first having placed on file with the City Clerk and i the Chief of Police the name of such manager. Section 22. Taxicab Stands: That no taxicab licensed to operate in the City of Salina shall be permitted to stand when unemployed at any place on the public streets of said city except at such places as may be designated for such purpose from time to time by the .'oard of Commissioners of said city and allotted by the Board of Com- missioners to the owner or operators of any such licensed taxicabs, such space to be so allotted only in such location as the Board of Commissioners may deem to be for the public interest and convenience; Provided, that space for not to exceed one taxicab may be allotted in front of or adjacent to the main entrance of each hotel in the city, and in front of each ground floor place of business acut a lly used and maintained by any owner or operator as a taxicab office. No such space shall be allotted to the owner or operator of any taxi- cabs by the Board of Commissioners in that portion of any street in front of or adjacent to any private property unless the owner and the ground floor lessee of such private property shall join the owner or operator of such taxicabs in an application for the allot- ment of such space; provided that the joining of such owner and lessee of the property with the owner or operator of any such taxi- cabs shall not in itself require the granting of such application, and provided further that no space for any taxicab stand shall be designated or located on Santa Fe Avenue between Elm Street and mulberry Street or. on Iron Avenue between Fourth Street and Eighth Street, and any space allotted in any street may be by the Board of Commissioners vacated and restored to the use of the general public at any time, on notice to the owner or operator of any such taxicab. FJ Section 23. Same: Marking of Stands: Taxicab stands so authorized or designated may be marked by the owner or operator of the taxicabs entitled to use such space, at the expense of such owner or operator and in a manner to be approved by the Chief of Police, and when so marked shall be reserved to the use of the person, firm or corporation entitled thereto, and no other person, firm or corporation shall make use thereof. Section 24. Same: Two or more owners or operators of taxi- cabs associated together in any partnership or joint enterprise or doing business under a joint or common name or from the same offices or headquarters shall for the purposes of this ordinance be deemed and considered to be a single firm or owner. Section 25. Cruising Prohibited: No owner, operator or driver of any taxicab shall solicit passengers on or adjacent to the streets of the City of Salina or cruise on or over the streets of said city for the purpose of looking for or soliciting passengers or pick up any passenger on or adjacent to the streets of said city except in response to a call from such passenger to the place of business or the station of such taxicab, unless such passenger shall hail such taxicab and specifically request its services without solicitation from the driver thereof. Section 26. Stands; Parking, other than authorized, prohibited: No owner, operator or driver of any taxicab shall stand or park such taxicab at any place on any street in the City of Salina for the purpose of soliciting or taking on any passengers except at a regular station or stand provided for such purpose in the manner authorized by ordinance. Section 27. Maintaining telephones on public streets, prohibited: No owner, operator or driver of any taxicab shall maintain at any place within the limits of any public street in the City of Salina any telephone for the purpose of placing or receiving taxicab calls. Section 28. Taxicab Rates: That the minimum r5;tes of fare for the transportation of passengers in any taxicab licensed by the City of Salina shall be as follows: Zone One shall consist of the City of Salina except that part lying east of Delaware -street and north of Euclid Avenue and the fare from any point in Zone One, to any other point in Zone One shall be 10y, for each passenger, except that from the Union Station to any point in Zone One the rate of fare shall be 156 for each passenger. Zone Two shall consist of that part of the City of Salina lying east of Delaware Street and west of M arymount Road and the rate of fare from or to any point in Zone Two, to or from any other point in the city, shall be 15� for one passenger and 5¢ for each additional passenger. Zone Three shall consist of that part of the City of Salina lying east of Marymount Road and the rate of fare from or to any point in Zone Three, to or fi°om any other point in the city, shall be 20� for one passenger and 5� for each additional passenger. Zone Four shall consist of that part of the City of Salina lying north of Euclid Avenue and the rate of fare from or to a point in Zone Four, to or from any other point in the city, shall be 15� for one passenger and 5� for each additional passenger. Zone Five shall consist of all territory lying east of Ohio Street and north of the Smoky Hill River, and extending to the east and north boundaries of Cloverleaf Addition, and the rate of fare from or to in any point in Zone Five, to or from any point in the City of Salina, shall be 20� for one or two passengers and 10� for each additional passenger. Section 29. Extra Passengers. It shall be unlawful for the driver of any taxicab to take on any additional passenger when such taxicab is already occupied by one or more passengers, without first requesting and securing the permission of the passenger or passengers first occupying the cab, and the passenger or passengers first occupying the cab shall be delivered to his or their destination first by the shortest possible direct route, unless the driver shall request and secure his or their permission to first deliver the later passenger. Section 30. Seating Capacity; It shall be unlawful for the owner, operator or driver of any taxicab to carry or to cause, permit or direct to be carried more passengers in any cab at any one time than the regular seating capacity provided for and not more than one passenger shall be carried in the front seat of such cab. Section 31. Posting and filing Schedule; Change of Rates; 'Vittlin ten days from the time this ordinance takes effect, it shall be the duty of the owner and operator of every taxicab operated in -the City of Salina to file with the City Clerk a schedule of rates which will be charged for carrying passengers in such cab, and to post in every such cab, in a conspicuous place therein and in conformity with Section 20 of this ordina.ice, and within the vision of any passenger therein a card or sign, printed in letters sufficiently large to be read at any time by any passenger in such cab, setting out the rate of fare, 1 n 1 which shall be the same as that filed with the City Clerk; the regu- lations provided for in Sections 28 and 29 of this ordinance, such information to be printed on such card or sign in substantially the following form: Rate of Fare No additional passenger can be taken into this cab unless the driver first asks and receives consent of passenger already occupying cab. First passenger in cab must be delivered first by shortest direct route unless driver asks and secures leis consent to deliver other passengers first. Not rlore than 4 passengers can be carried in this cab at one ti~ie. No rate of fare for any cab shall be changed until the owner br operator of the cab shall file in the office of the City Clerk and post in such cab a schedule showing such new or changed rate, and it shall be uJtlawful for the owner, operator or driver of any i taxicab to charge or collect from any person any fare for carriage in any such cab which is different in any way from the filed and posted rate of fare for such cab. Section 32. Hourly Rates: The owner, driver or other person in charge or control of a taxicab may, upon request of a passenger, accept employment whereby the fare to be asked may be computed to an agreed amount for the trip or by an hourly rental. When a taxi- cab is employed at an hourly rental the maximum fare to be charged shall not ;exceed X3.00 perhour. This rate shall not be effective unless employment by the hour is arranged for in advance of the trip, and if rented on a trip basis, the charge for such trip shall be agreed upon in advance, and it shall be unlawful to charge, collect or attempt to collect any other additonal charge. Section 33. Taximeters: Approval: Receipts: Whenever any taxicab shall have affixed thereto a taximeter, such taximeter shall be of a size and design approved by the License Inspector of the City of Salina; shall be set to conform to the rates provided for in this ordinance and as posted and filed by the owner of such cab, and shall be in proper mechanical condition and in operation at all times, and shall at the conclusion of each trip discharge a printed slip showing the distance traveled and the fare, which shall be given to the passenger paying such fare. Section 34. Taximeters incorrect: No person shall use or permit I to be used upon any taxicab a taximeter or other registering meter which shall be in such condition as to be over five per cent (50) incorrect to the prejudice of any passenger on which shall be operated from any i wheel to wr,ich the power is applied, or which has not been duly inspected and approved. Section 35. Taximeter or speedometers, lighted at night: After sundown the face of every taximeter or other registering meter shall be illuminated by suitable light so arranged as to throw continuous steady light thereon. Section 36. Meters kept in working order: No person shall use or permit to be used or driven for hire a taxicab equipped with a taximeter, the case of which is unsettled and not having its covers and gears intact, or a taxicab without a taximeter whose registering I meter has not been examined and approved and which is not at all times in good working condition, or any taxicab, the use of which has not been duly* licensed. Section 37. Taximeters; Signals: No driver of a taxicab equipped with a taximeter while carrying passengers or under employment shall dis- play the signal affixed to such taximeter in such position to denote that he is unemployed. While carrying passengers the signal must be in i such position that the taximeter will record the distance traveled and the fare. No charge shall be made for the time consumed in response to a call or in returning to the place from .,.,,,',ich such taxicab has been called, whether the taxicab be equipped with a meter or not. Section 38. Inspection test and seal meters: It shall be the duty of the License Inspector to examine, inspect and seal, at least every six months, all taxi eters or other registering meters used on any taxicab in the City of Salina, provided hog*never, that in the event complaint is made to said License Inspector that any taximeter registers improperly or inaccurately or at any time that he deems it necessary, it shall be the duty of said inspector to immediately examine said taximeter or other registering meter, and in case it does not properly and accurately* measure the distance traveled, and re,-ister the amount of fare, in the case of a taximeter, to be determined and charged therefor, then in that event, it shall be unlawful for the owner or person in charge of such taxicab to permit its use until such taxicab is equipped with a taximeter or other registering, meter, approved by said license inspector. For every meter inspection made by the License Inspector as provided for in this ordinance, there shall be paid to s, -,Lid Inspector, a fee of Fifty Cents (50�) by the owner or operator of such to>icab, provided however, that in case the inspection is made upon complaint as herein provided and such taximeter or other registering meter is found to be correct, said inspection fee shall be paid by the person making said complaint and not by the owner or operator of such taxicab. Section 39. Refusal to pay fare: It shall be unlawful for any person to refuse to pay the legal fare for a taxicab, as prescribed in this ordinance, after having hired the same, and any person who shell hire any taxicab with the intention of defrauding the person from whom the same is hired shall be guilty of a mis- demeanor. is- demeanor. Section 40. Weddings and Funerals: The provisions of this ordinance shall not include any passenger vehicle for hire while being used for service at funerals or weddings. Section 41. Taxicab for Immoral Purposes: Or Transportation of Liquor: It shall be unlawful to drive, operate or use any taxi- cab for the purpose of prostitution or transporting; any person or persons from any place within the City of Salina to any other place within or without said city or from any place outside of said city to any place therein for the purpose of prostitution, or to drive, o,Derate or use any taxicab for transporting liquor from any place within the City of Salina to any place within or without said city or from any place without said city to any place therein, or for any other unlawful purpose within the City of Salina. Section 42. Same; License suspended or revoked: If it shall be charged that any taxicab has been driven, operated or used for any of the purposes mentioned in the precedin; sections, the license for the operation of such taxicab and the taxicab driver's license of the driver thereof may be ijmediately suspended or revoked by the Chief of Police, and after any such suspension or revocation, any such vehicle shall not thereafter be used, operated or licensed for use within the City of Salina as a taxicab or other vehicle for hire without the express permission granted therefor by the Board of Commissioners and if the license has been revoked, th- out the issuance of a new license issued under the :irection of the Board of Commissioners. When any such license is suspended or revoked the City Clerk shall make a note thereof on his records and shall not thereafter issue a license for any such vehicle, except as provided for herein. it Section 43. Same; Driver Guilty; Penalty: The driver of any taxicab used for any of the purposes mentioned in Section 41 or any other person using or occupying the same for any such purpose shall be deemed guilty* of a misdemeanor and upon conviction thereof shall i be punished by a fine of not Je s s than Twenty-five Dollars (w25.00) nor more than Two Hundred Fifty Dollars (lf,250.00) or by imprisonment in the city jail for not less than ten (10) days nor more than sixty I (60) days, or by both s -ch fine and imprisonment. Section 44. Revocation of License: If any driver of any taxicab or other vehicle for hire shall be convicted of any such violation of the provisions of Section 41 of this ordinance, the license of such I driver shall immediately stand revoked, and it shall be the daty of the City 11anager to notify the City Clerk of such revocation. No such person shall thereafter be permitted or licensed to drive a taxicab within the City of Salina. Section 45. Terms of Ordinance; apply to owner; agents, etc.-. Wherever in this ordinance the owner or operator of any taxicab is. referred to, such term or terms shall apply to the agent, officer, manager or members of any corporation, firm, partnership, or associa- tion owning or operating any such taxicab and any such agent, officer, manager or member of any such corporation, firm, partnership or associa- tion shall be subject to any and all of the penalties provided for in this ordinance for the violation of any of the terms thereof by any i such owner or operator. Section 46. Violations; Owners and Operators: Except as other- wise specifically provided for herein, any person who shall violate any of the provisions of this ordinance, or wlzo shall operate or drive i in the City of Salina any taxicab without being licensed so to do as provided for by this ordinance, or after any such license has been sus- pended or revoked or vho shall fail to comply with any of the require - menu of this ordinance, applicable to such person shall upon convic- tion thereof be punished by a fine of not less than Ten Dollars ($10.00) and not exceeding One Hundred Dollars (100.00) and shall stand com- mitted to the city jail until such fine and costs of prosecution are paid. Section 47. Saving Clause: If any section or provision or part thereof in this ordinance shall be adjudged invalid or unconstitutional, such adjudication shallnot affect the validity of the ordinance as a whole or of any section, provision or part thereof, not adjudged invalid or unconstitutional. n 1 C Section 48. Repeal: That Ordinance 2948,3306, 4625, 4633 and 4787 be and the same are hereby repealed. Section 49. Take Effect; This ordinance shall take effect and be in force from and after its passage and publication in the Book of Revised Ordinances of the City of Salina. Introduced, September 11, 1939 Passed, September 18, 1939 Ed Morgenstern payor Attest: Chas. E. Banker City Clerk STATE OF KANSAS ) SS C OUNTY OF SkLITTE I. Chas. E. Banker, City Clerk of the City of Salina, r-ansas do hereby certify that the above and foregoing is a true and correct copy of Ordinance No. 4952 passed and approved by the Board of Com- missioners of the City of Salina September 181, 1939; and a record of the vote on its final adoption is found on page P Journal No. /S -.- C �y S, C3�yC e r Pevised (Published in theCity of Salina ORDINANCE NO. 4952 AN ORDINANCE relating to and regulating taxicabs and the conveyance of passengers for hire in the City of Salina; fixing fares and rates therefor; providing for the licensing of taxicabs and the drivers thereof and the use of taximeters; establish- ing the rules and regulations for the operation thereof; making provisions for the carrying of liability insurance; providing penalties for the violation of this ordinance and repealing ordinances numbers 2948 passed March 30 1924; 3306 passed November 1, 1926; 4625 passed March 23, 1936; 4633 passed April 20, 1936 and 4787 passed October 11, 1937, and all other ordinances or parts of ordinances in conflict herewith. BE IT ORDAINED by the Board of Commissioners of the City of Salina, Kansas: Section 1. Definitions: Whenever used in this ordinance the following terms shall be respectively defined as follows: (a) The word "street" shall mean and include every public street, alley, avenue, road, highway, thoroughfare or public place in the City of Salina. (b) The word ittaxicab" as used herein shall in- clude every and all motor vehicles carrying passengers for hire for which a charge is made and for which public patronage is solicited, provided however, that motor busses operating under a franchise from the city or operating under authority and juris- diction of the State Corporation Commission shall not be termed taxicabs within the meaning hereof. (c) "Person" and/or "Persons" shall mean and include any person, firm, association, co -partnership or corporation. (d) Taximeter: A mechanical device affixed to taxicabs and designated to measure the distance driven and calculate the charge therefor, which is so installed that the figures or fares as stamped by the machine, maybe given to the passenger as a receipt. (e) Use of any word in the singular shall include plural, and use of plural shall include singular. Section 2. License Required: No person, either acting as owner, principal, agent, employee, lessee, or licensee shall operate or permit to be operated upon the streets of the City of Salina any taxicab without first having procured a license therefor as hereinafter provided. Section 3. application; Title Certificate: Any person desiring to secure a license for the operation of a taxicab within the City of Salina shall file with the City Clerk a written application con- taining the following information: (a) the full name and address of the owner and operator, (b) make, 4 ©-r and type of vehicle, (c) seating capacity (including driver), (d) motor and serial number and state license number of vehicle, (e) principal place of business, office address and name, and night and day telephone numbers, of the manager in charge of operation of such taxicab, and if the owner or operator is a corporation, the name of officers and directors of such corporation and if a partnership, the name of all the partners, (f) name of insurance carrier carrying liability insurance on such taxicabs as required in this ordinance and the number and date of issuance and date of expiration of such policy, and such other information, statements and agreements as may be required, on a printed form furnished by the City Clerk for such purpose. The application shall be accompanied by the title certificate issued by the State of Kansas showing ownership of such vehicle, which certificate shall be left with the City Clerk while any license issued on such application is in effect. Section 4. Conditions of License: Transfer: Any license for the operation for a taxicab shall apply to and cover• only the specific vehicle described in the application therefor until on application duly made by the same owner and operator the right to transfer such license to another vehicle is granted by the Board of Commissioners. Every application shall be signed by the owner of the vehicle described in the application and by any other person in any manner interested in the direction, operation or control thereof and under whose name it is to be operated and such additional persons shall be described in such application and in any license issued pursuant thereto as the operator. No license issued for the operation of any taxicab shall be assigned or transferred to any other person as owner or operator except upon application for such transfer made to and granted by the Board of Commissioners, and it shall be unlawful for any person to use, drive or operate either as owner, operator or driver, any taxicab within the City of Salina which shall not have been duly licensed, or which is not being operated by the owner and/or operator to whom the license for such vehicle was issued or on which any license has been cancelled, or which has ceased to be operated by the owner or operator named in the license or in the duly approved transfer thereof. Section 5, License Approved by Board of Commissioners: The applicant for any such license shall at the time the application is filed with the City Clerk pay to the City Clerk the fee for such license as provided for by this ordinance and the City Clerk shall thereupon after inspection and approval of such vehicle by the license inspector as provided for in this ordinance, present such application to the Board of Commissioners at the next regular meeting of such Board. The Board of Commissioners shall if they consider that the public convenience and necessity require the licensing of such taxicab, in addition to any other taxicabs which may at that time be operating under licenses issued by the city, and if they deem the applicant therefor to be of good moral character and that such applicant or any person employed by him will operate the taxicab for which a license is desired properly and for the best interests of the public and that they will conform to and obey the ordinances of the city relative to the operation of taxi- cabs and all other ordinances of said city, grant a license to such applicant covering the taxicab described in his application and direct the City Clerk to issue such license; Provided, however, that the Board of Commissioners shall not approve or have in effect at any one time licenses for taxicabs in a number in excess of the number which the Board of Commissioners may deem necessary for the best interests and convenience of the inhabitants of the City of Salina or the general public, or in such number that the owners and operators of the licenced taxicabs and their employees might in the opinion of the Board of Commissioners be apt to engage in practices which would be detrimental to the best interests of the city and its inhabitants and the general public, and shall reject any and deny/application in the event that they consider that the granting of such license would increase the number of taxicab licensed to operate in the City of Salina beyond the number nec- essary for the best interests and convenience of the inhabitants of said city and the general public, or if for any other reason they deem that the granting of such license would be detrimental to the public interest. Section 6. Insurance Required. It shall be unlawful to operate a taxicab for hire or to permit the same to be operated in the City of Salina and no license for the operation tliereof shall be granted by the Board of Commissioners of said city until the applicant for a license shall deposit with the City Clerk a policy of liability insurance issued to and covering such applicant and the taxicab described in his application, in such form as shall be acceptable to and approved by the Board of Commissioners, and issued by an insurance company or association approved by said Board and in such amount as said Board may deem sufficient to adequately protect the interests of the public, which policy shall bind the company or association issuing the same to pay compensation for injuries to or death of persons and for loss of or damage to property resulting from the negligent operation of such taxicab, and shall make such additional arrangements for the protection of the public supplementing such insurance policy as the Board of Commissioners shall require and approve. .Any such insurance policy shall have incorporated therein, or attached thereto by endorsement thereon, recitals to the effect that the policy is issued in accordance with and under the requirements of the ordinances of the City of Salina pertaining thereto and that it is issued for the benefit of and for the purpose of pro- tecting the public, including passengers therein, against in- juries or damages resulting from the negligent operation of said taxicab and that it shall remain effective until cancelled as here- in provided for, irrespective of any statements, declarations, misrepresentations, acts or omissions of the assured or of any agent, servant, employee or representative of assured, either in the application for said policy or in the schedule of statements or declarations contained or referred to in said policy, including statements as to ownership, or made, committed or omitted before or after the occurrance of any injury or damages caused by the operation of any such vehicle, and shall provide that no cancella- tion of the policy or any endorsement thereon shall be effective until the expiration of ten days after notice of such cancellation shall have been delivered to the City Clerk, and such other recitals as may be approved by and required by the Board of Commissioners, and any policy or certificate of insurance issued by any company or association with knowledge that the vehicle described therein is to be used as a taxicab in the City of Salina shall be deemed to include the provisions of this ordinance whether such provisions are specifically recited therein or not. Section 7. Inspection of Taxicabs; Maintenance; Suspension by Inspector; When an a1pplication fora taxic-aE license or or the transfer of a license from one vehicle to another is filed with the City Clerk he shall refer the same to the City License Inspector (and until otherwise provided by ordinance the City Building Inspector shall be ex-officio License Inspector) and it shall be the duty of such inspector to examine such vehicle as to its physical and mechanical condition, including its brakep, lights, and other equipment and its registering meter, if any, and to certify to the Board of Commissioners his approval or rejection of such taxicab, and no application for license shall be approved by the Board of Commissioners and no license shall be issued by the City Clerk until the condition of such vehicle has been approved and certified by the license inspector. The decision of the license inspector with reference to such con- dition shall be final and conclusive, except that the Board of Commissioners may if they deem it proper and necessary, direct the issuing of license for any ta.:icab which may be rejected by the inspector and the Board may also at any time inquire with reference to the condition of any taxicabs and may at any time revoke the license of such taxicab if in the opinion of such Board its physical and mechanical condition renders it unfit for use as a taxicab. In addition to the inspection required for the issuing a license, it shall be the duty of the license inspector to make an examination of each taxicab at least once each three months from the date of the original inspection, or oftener if necessary, as to its physical and mechanical condition and the license inspector is hereby empowered to suspend the license of such taxicab until the owner or operator of such taxi- cab shall have repaired the same or restored such taxicab to such physical and mechanical condition as shall meet the approval of the license inspector, and it shall be the duty of the license inspector upon the suspension of any such taxicab license by him to report such suspension to the office of the City Clerk and to the Chief of Police and no owner, operator, or driver of any taxi- cab, the license for which has been so suspended by the license inspector, shall allow or permit such taxicab be used until the same shall be re -inspected and approved by the license inspector. Section 8. Fees for Inspection; Before examining and certifying the condition of any taxicab the applicant for a license or any licensee whose vehicle is to be inspected shall pay the license inspector an inspection fee of $1.00 for each vehicle inspected by him which shall be paid by him into the City Treasury and no license shall be issued or transferred from 0 0 t one vehicle to another, until such inspection fee is paid, or if inspection is required of a vehicle already licensed, such license shall be revoked upon the failure of the licensee to pay such fee. Section 9. Clerk to Issue License; Signatures; Register. After the application for any taxicab license has been filed with the City Clerk and the condition of the vehicle described therein provided by the license inspector and the insurance covering such vehicle approved by the Board of Commissioners and after the license fee provided for herein has been paid to the City Clerk and the application for license approved by the Board of Commissioners the City Clerk shall issue a license for the ownership of such taxicab which shall contain the name of the licensee including both owner and operator and a description of the vehicle licensed and before V any such license is delivered to thelicensee 1t shall be endorsed thereon in the presence of the City Clerk the signature of owner and operator named in such license. The City Clerk shall keep a register of all such licenses issued by him showing the name of the owner and operator to whom the license is issued, the description of the vehicle including motor and serial number, the name of any person to whom any assignment and transfer of any license or of any licensed vehicle is made, the date when issued or transferred, the amount paid for such licdnse, the date of its expiration, the name of the insurance carrier with the number and date of policy and date of expiration. Section 10, License Fees; Revocation, Age of Licensee; The amounts to be paid for a license under the provisions of this ordinance shall be as follows. For each vehicle with a seating 4 capacity of more than five persons '30.00 per annum or major portion thereof and for each vehicle with a seating capacity of five persons or less `"25.00 A , v� per annum or major portion thereof. Every license so issued shall expire on the 31st day of December of the year in which such license was issued. If any such license is issued on or after July first of any year the license fee for the remaining portion of such year shall be one-half of the annual rate hereinabove fixed. No license so issued shall be assignable except as provided for in this ordinance and the same may be re- voked by the Board of Commissioners upon the conviction of the licensee of having violated any of the provisions of this ordinance and said Board may also revoke such license for any cause which the Board may deem constitutes reasonable grounds for such revoca- tion, and also and in such manner and for such causes as are other- wise in this ordinance provided for. No such license shall be granted to any person under twenty-one years of age. Section 11. Maintenance of Taxicabs; It shall be unlawful for any person either as owner, operator or driver to drive, operate or use on the streets of Salina any taxicab which is not in good sound, safe and fit condition mechanically and otherwise, including brakes, lights and other equipment, or which is in any manner de- fective, unsafe or unfit for use. Section 12. License; Posting; Inspection; Identification; The license issuecby the City Clerk for the operation of any taxi- cab and also the drivers license issued by the City to the driver thereof, or identification cards issued by the City Clerk as pro- vided for in this ordinance, shall at all times, while the taxicab is being used or maintained or offered for use for hire to the public, be kept in a conspicuous place in the taxicab itself, and shall be subject to inspection at any time by any officer of the City of Salina. The owner and driver thereof shall also upon demand furnish to the officer inspecting the taxicab his signature made in the presence of such officer for the purpose of identification. Section 13. Drivers License; Application; It shall be un- lawful for any person to act as a driver of a taxicab or livery car without having first secured a license to be issued by the City Clerk of the City of Salina, as herein provided. Such license shall be applied for in writing on such forms as the City Clerk may prescribe, and such application shall include: (a) The name, age, sex, weight, height, color of eyes, and hair of applicant, his residence address and length of residence in the City of Salina. (b) Whether or not the applicant has heretofore been licensed as a chauffeur or taxicab driver, and if so, when and by what city or state, and whether such license has been revoked or suspended, and if so, the date of such revocation and suspension. (c) The number of times and places arrested, and/or con- victed for traffic violations. (d) The experience the applicant has had in driving motor vehicles. (e) The name of the person by whom the applicant is employed and name and address of employer during the preceding two years and kind of employment. (f) Whether or not the applicant has ever been convicted of a felony or misdemeanor, giving particulars of each such con- viction. (g) Each applicant shall furnish four recent photographs of himself, not less than 22tt by 311 and not more than 22-" by 31", and submit to finger prints by the Police Department. one of said photographs shall be attached to the copy of the application filed in the Police Department, one shall be attached to the application filed with the City Clerk, one shall be attached to the license issued to such driver and one to the identification card hereinafter provided for, which shall be conspicuously displayed in any taxi- cab being driven by such person. (h) A statement that the applicant is in good health. (i) The applicant must name three (3) reputable persons who have known him for one year or more immediately prior to such application. Such persons given as reference must beresidents of the City of Salina, Kansas. Such application shall be made in duplicate, and bo;,h copies shall be referred by the City Clerk to the Chief of Po -ice. The Chief of Police shall endorse his report and recommendation on both copies, one of which shall be returned by him to the City Clerk and one retained in the files of the Police Department, together with the finger prints of the applicant. Each application shall be accompanied by the payment of an examination and license fee of One Dollar ($1.00) and in the event the applicant is refused a license, such fee shall be retained by the City of Salina. Section 14. Same; Investigation of Applicant by Police; Moral and PhysiFal—Te'quirements; Every app can must be at least twenty-one (21) years of age and have resided in the City of Salina fd)r at least one year next preceding the filing of such application. Before a license is issued the Chief of Police shall cause an in- vestigation to be made of the facts set forth in the application and of the record of such applicant in the Police Court of Salina and the District Court of Saline County, Kansas, and any other Courts in which he may have reason to believe the applicant has a record, and shall report to the Board of Commissioners all informa- tion secured from such information relative to the applicant's record in any court, and shall not approve the issuance of a license to any person who has been convicted of the violation of any of the criminal laws of the State of Kansas or has been convicted of a an felony in any other state or has been convicted of violating/of the ordinances of the City of Salina involving moral turpitude. Provided, however, that the Chief of Police may in any case where more than three years has elapsed since any such person has been convicted of any offense herein described, and where he believes the general reputation and integrity and responsibility of the applicant during such time is such that such applicant would at the time of the application be a fit person for such occupation, he may recommend to the Board of Commissioners of the City of Salina, that a license be granted. The Chief of Police shall also cAuse such applicant for a driverts license to be examined as to his knowledge of the provisions of the ordinances of the City of Salina relating to traffic, as well as geography of the city, and if the applicant fails to show a reasonable knowledge of such matters, he shall be refused a license. Each applicant must, if required by the police department, demonstrate his skill and ability to safely handle an automobile by driving it through a crowded section of the city, accompanied by a member of the police department. If the applicant is found to be a fit and proper person to operate and drive a taxicab, by the Chief of Police, he may recommend to the Board of Commissioners of the City of Salina that a license be granted. The Board shall then consider the application and the report and recommendation of the Chief of Police and any other information which may come to the Board concerning the applicant, and if the Board is satisfied that the general reputation for in- tegrity and responsibility of the applicant is such as to render such applicant fit for such occupation it may approve the applica- tion and direct the City Clerk to issue such applicant a license. No license shall be issued to any persons who from general physical appearance or for any other reason is not in the opinion of the Board of Commissioners morally and physically fit to drive or operate a taxicab or livery car in the City of Salina, or to any person whose general reputation for integrity and responsibility, or whose previous record as a law violator or otherwise is such as to render the applicant unfit for such occupation in the opinion of the Board. Section 15. Same; Expiration; Renewal; All drivers licenses shall expire on the 31st day of December of each year. prior to the e-piration of any such license, the driver may file an application for renewal and may obtain a new license upon the payment of a fee of One Dollar ($1.00), if such renewal application is filed on or before December 20th of the year in which an existing license expires, and in such event, no new license application shall be required. However, before any renewal license is issued, the applicant must secure the approval of the Chief of Police in the same manner and upon the requirements as are provided for in Section �n hereof, and new photographs shall be furnished, if in the opinion of the Chief of Police, they are necessary for proper identification. No refund shall be made for any reason whatsoever, and no license shall be prorated. Section 16. Drivers Identification Card; At the time the drivers license is issued a drivers license identification card shall also be issued. Said card shall be of a form prescribed by the City Clerk, and shall contain the picture of the driver affixed in such a manner that another picture cannot be substi- tuted therefor without detection. The drivers license number, card number, and the expiration date of said license shall also be shown thereon. Said card shall have space on the reverse side for entering violations and fines. Section 17. Display of Identification Card: The drivers license identification card shall be conspicuously displayed in such a manner that the entire card is visible from the rear seat of the automobile which the driver is operating, and the only drivers license identification card displayed shall be the one belonging to the driver who is on duty at that time. Said card shall be enclosed in a frame, with glass or other transparent front, so that the same shall be clearly discernable to and can be read by the passenger in the rear seat. No drivers license shall be transferable. No driver shall operate a taxicab and livery car unless he shall have his identification card so displayed. The driver shall be responsible for keeping said card in a good condi- tion and it shall be unlawful to have a torn or illegible card. Section 18. Identification Card: Duplicate: In case of a � loss of a license identification carpod the owner may file with the City Clerk a sworn statement of the facts concerning such loss, and if the City Clerk is satisfied that the facts justify the issuance of a replacement card, he shall on the payment of a fee of fifty cents (50�) issue a duplicate card. Such duplicate card shall be plainly marked "duplicate" and the number of the original card shall be furnished to the Police Department, as well as the number of the duplicate card. Section 19. Revocation; Suspension -of Drivers License; A drivers license shall be revoked by the Chief of Police for any of the following reasons: (a) Upon conviction of violation of any Federal or Stgte Law (b) For operating any vehicle while drunk (c) For leaving the scene of an accident (d) For failure to make full report of an accident to the Police Department (e) For permitting any other person to use his license (f) For obliterating or erasing any official entry on his license identification card (g) Upon conviction of a third major traffic violation dur- ing anyone license year (A major traffic violation is hereby defined to be, (1) speeding, (2) Reckless driving (3) Non -observance of lights or signs, (4) Driving while drunk, (5) Improper brakes, (6) Making a left or U-turn where not permitted, (7) Driving on the wrong side of the street) A drivers license may be suspended by the Chief of Police for a period of not to exceed ninety (90) days for any of the following reasons: (a) First and second offenses of any major traffic violation. (b) Repeated infractions of minor traffic laws or rules or suspended Whenever a drivers license is revoked, the Chief of Police shall take up the drivers license and license identification card and forward same to the City Clerk together with a full report of or suspension. the reasons for such revocation No person whose license has been revoked shall be eligible to receive a new license until one year from the date of such revocation. In case of the revocation or suspension of the license the driver shall have the right to appeal to the Board of Commissioners of the City of Salina, by notifying the City Clerk of his intention to appeal within three days, and thereafter presenting the matter at the next regular meeting of the Board of Commissioners, but any revocation or suspension shall remain in effect until such appeal is heard and until such revocation or suspension is rescinded or set aside by such Board. Upon the hearing of any appeal from an order of suspension, or on consideration of any report of suspension made by the Chief of Police, the Board may revoke any such license. Section 20. Specifications for Taxicabs: No taxicab shall be licensed unless it shall have the following equipment and comply with the following specifications and requirements: (a) Posting Cards: Every taxicab shall be equipped with a frame for the proper display of the ownerts fare -rate card and the owner's and driver's identification cards, as required by this ordinance and the laws of the State of Kansas. Such card shall be so placed that they can be plainly seen by the passengers riding in such taxicab. The fare rate card shall state clearly the rates of fare to be charged, If the fare to be charged is upon a mileage basis, it shall so state and shall give the schedule of rates; if the fare to be charged is based upon the carrying of passengers within certain locations, bounded by streets, as is hereinafter provided for, it shall so state, and shall state the rate to be charged for the carrying of passengers through each district. The type used for the printing of said names and the rates of fare shall be of sufficient size and shall be so illuminated at night, that it can be clearly read at a distance of three (3) feet. (b) Knobs or Handle of Doors: Every taxicab shall have a knob or handle upon the inside of all doors thereof by which said doors may be easily opened from the inside. (c) Name and Number on Outside of Cab: Every taxicab that is authorized and licensed to operate in the City of Salina shall be assigned a number by the City Clerk of said city, and it shall be unlawful to operate a taxicab within the City of Salina unless said number is printed on a door on each side, and on the rear plainl:r visible of the said taxicab, Un,/numerals at least three (3) inches in height. Each taxicab shall have painted thereon on each side the name or names of the persons or company owning and operating the same; the letters constituting said names shall be block letters and at least two (2) inches in height. Section 21. Appointment of Manager: Two or more owners or operators of taxicabs associated together in any partnership, association, or joint enterprise or doinE, business under a joint or common name or from the same office or headquarters and every corporation owning and/or operating taxicabs within the City of Salina shall within fifteen days from the effective date of this ordinance elect or appoint some one individual as manager of such partnership, association, joint enterprise or corporation who shall be responsible for the operation of all taxicabs and auto- mobiles for hire of such partnership, association, joint enter- prise or corporation in said city. The name of such manager of each partnership, association, joint enterprise or corporation operating taxicabs or automobiles for hire upon the streets of the City of Salina shall be immediately reported to the City Clerk and to the Chief of Police. No such partnership, association, joint enterprise or corporation shall hereafter operate, or be licensed to operate any taxicab or automobile for hire upon the streets of the city of Salina without first having placed on file with the City Clerk and the Chief of Police the name of such manager. Section 22, Taxicab Stands: That no taxicab licensed to operate in the City of Salina shall be permitted to stand when unemployed at any place on the public streets of said city except at such places as may be designated for such purpose from time to time by the Board of Commissioners of said city and allotted by the Board of Commissioners to the owner or operators of any such licensed taxicabs, such space to be so allotted only in such location as the Board of Commissioners may deem to be for the public interest and convenience; Provided, that space for not to exceed one taxicab may be allotted in front of or adjacent to the main entrance of each hotel in the city, and in front of each ground floor place of business actually used and maintained by any owner or operator as a taxicab office. No such space shall be allotted to the owner or operator of any taxicabs by the Board of Commissioners in that portion of any street in front of or ad- jacent to any private property unless the owner and the ground floor lessee of such private property shall join the owner or operator of such taxicabs in an application for the allotment of such space; provided that the joining of such owner and lessee of the property with the owner or operator of any such taxicabs shall not in itself require the granting of such application, and provided further that no space for any taxicab stand shall be designated or located on Santa Fe Avenue between `ln Street and Mulberry Street or on Iron Avenue between Fourth Street and Eighth Street, and any space allotted in any street may be by the board of Commissioners vacated and restored to the use of the general public at any time, on notice to the owner or operator of any such taxicab. Section 23. Same. Marking of Stands: Taxicab stands so authorized or designated may be marked by the owner/of thertaxi- or cabs entitled to use such space, at the expense of such ow:ner/anderatJor in a manner to be approved by the Chief of Police, and when so marked shall be reserved to the use of the person, firm or corpora- tion entitled thereto, and no other person, firm or corporation shall make use thereof, Section 24. Same. Two or more owners or operators of taxi- cabs associated together in any partnership or joint enterprise or doing business under a joint or common name or from the same offices or headquarters shall for the purposes of this ordinance be deemed and considered to be a single firm or owner. Section 25. Cruising Prohibited: No owner, ope.,ator or driver of any taxicab shall solicit passengers on or adjacent to the streets of the City of Salina or cruise on or over the streets of said city for the purpose of looking for or soliciting passengers or pick up any passenger on or adjacent to the streets of said city except in response to a call from such passenger to the place of business or the station of such taxicab, unless such passenger shall hail such taxicab and specifically request its services without solicitation from the driver thereof. Section 26. Stands; Parking, other than authorized, prohibited: No owner, opermtor or driver of any taxicab shall stand or park such taxicab at any place on any street in the City of Salina for the purpose of soliciting or taking on any passengers except at a regular station or stand provided for such purpose in the manner authorized by ordinance. Section 27. Maintaining telephones on public streets, prohibited: No owner, operator or driver of any taxicab shall maintain at any place within the limits of any public street in the City of Salina any telephone for the purpose of placing or receiving taxicab calls. Section 28. Taxicab Rates: That the minimum rates of-fare for the transportation of passengers in any taxicab licensed by the City of Salina shall be as follows: Zone One shall consist of the City of Salina except that part lying east of Delaware Street and north of Euclid Avenue and the fare from any point in Zone One, to any other point in Zone One shall be 10¢ for each passenger, except that from the Union Station to any point in Zone One the rate of fare shall be 15� for each passenger. Zone Two shall consist of that part of the City of Salina lying east of Delaware Street and west of Marymount Road and the rate of fare from or to any point in Zone Two, to or from any other point in the city, shall be 15¢ for one passenger and 5� for each additional passenger. Zone free shall consist of that part of the City of Salina lying east of Marymount Road and the rate of fare from or to any point in Zone Three, to or from any other point in the city, shall be 20� for one passenger and 5¢ for each additional passenger. Zone Four shall consist of that part of the City of Salina lying north of Euclid Avenue and the rate of fare from or to a point in Zone Four, to or from any other point in the city, shall be 15� for one passenger and 5y for each additional passenger. Zone Five shall consist of all territory lying east of Ohio Street and north of the Smoky Hill River, and extending to the east and north boundaries of Cloverleaf Addition, and the rate of fare from or to in any point in Zone Five, to or from any point in the City of Salina, shall be 20¢ for one or two passengers and 10/ for each additional passenger. Section 29. Extra Passengers: It shall be unlawful for the driver of any taxicab to take on any additional passenger when such taxicab is already occupied by one or more passengers, with- out first requesting and securing the permission of the passenger or passengers first occupying the cab, and the passenger or passengers first occupying the cab shall be delivered to his or their destina- tion first by the shortest possible direct route, unless the driver shall request and secure his or their permission to first deliver the later passenger. Section 30. Seating Capacity: It shall be unlawful for the owner, operator or driver of any taxicab to carry or to cause, Permit or direct to be carried more passengers in any cab at any one time than the regular seating capacity provided for and not raore than one passenger shall be carried in the front seat of such cab. a Section 31. Posting and Filing Schedule; Change of Rates: Within ten days from the time this ordinance takes effect, it shall be the duty of the owner and operator of every taxicab operated in the City of Salina to file with the City Clerk a schedule of rates which will be charged for carrying passengers in such cab, and to post in every such cab, in a conspicuous place therein and in con- formity with Section 20 of this ordinance, and within the vision of any passenger therein a card or sign, printed in letters suffi- ciently large to be read at any time by any passenger in such cab, setting out the rate of fare, which shall be the same as that filed with the City Clerk; the regulations provided for in Sections 28 and 29 of this ordinance, such information to be printed on such card or sign in substantially the following form: Rate of Fare No additional passenger can be taken into this cab unless the driver f itst asks and receives consent of passenger already occupy- ing cab. First passenger in cab must be delivered first by shortest direct route unless driver asks and secures his consent to deliver other passengers first. Not more than 4 passengers can be carried in this cab at one time. No rate of fare for any cab shall be changed until the owner or operator of the cab shall file in the office of the City Clerk and post in such cab a schedule showing such new or changed rate, and it shall be unlawful for the owner, operator or driver of any taxicab to charge or collect from any person any fare 2)r carriage in any such cab which is different in any way from the filed and posted rate of fare for such cab. Section 32. Hourly Rates: The owner, driver or other person in charge or control of a taxicab may, upon request of a passenger, accept employment whereby the fare to be asked may be computed to an agreed amount for the trip or by an hourly rental. When a taxi- cab is employed at an hourly rental the maximum fare to be charged Ir shall not exceed f3.00 per hour. This rate shall not be effective Inless employment.by the hour is arranged for in advance of the trip, and if rented on a trip basis, the charge for such trip shall -be agreed upon in advance, and it shall be unlawful to charge, collect or attempt to collect any other additional charge. Sebtion 33. Taximeters; Approval; Receipts; Whenever any taxicab shalt have affixed thereto a taximeter, such taximeter shall be of a size and design approved by the License Inspector of the City of Salina; shall be set to conform to the rates pro- yided for in this ordinance and as posted and filed by the owner of such cab, and shall be in proper mechanical condition and in operation at all times, and shall at the conclusion of each trip discharge a printed slip showing the distance traveled and the fare, which shallbe given to the passenger paying such fare. Section 34. Taximeters incorrebt: No person shall use or permit to be used upon any taxicab a taximeter or other register- ing meter which shall be in such condition as to be over five per cent (5;) incorrect to the prejudice of any passenger on which shall be operated from any wheel to which the power is applied, or which has not been duly inspected and approved. Section 35. Taximeter or speedometers, lighted at night: .After sundown the face of every taximeter or other registering meter shall be illuminated by suitable light so arranged as to throw con- tinuous steady light thereon. Section 36. Meters kept in working order; No person shall use or permit to be used or driven for hire a taxicab equipped with a taximeter, the case of which is unsettled and not having its covers and gears intact, or a taxicab without a taximeter whose registering meter has not been examined and approved and which is not at all times in good working condition, or any tal:icab, the use of which has not been duly licensed. Section 37. Taximeters; Signals: No driver of a taxicab equipped with a taximeter while carrying passengers or under employment shall display the signal affixed to such taximeter in such position to denote that he is unemployed. While carrying passengers the signal must be in such position that the taximeter will record the distance traveled and the fare. No charge shall be made for the time consumed in response to a call or in return- ing to the place from which such taxicab has been called, whether the taxicab be equipped with a meter or not; Section 38. Inspection test and seal. meters; It shall be the duty of the License Inspector to examine, inspect and seal, at least every six months, all taximeters or other registering meters used on any taxicab in the City of Salina, provided however, that in the event complaint is made to said License Inspector that any taximeter registers improperly or inaccurately or at any time that he deems it necessary, it shall be the duty of said inspector to irmnediately examine said taximeter or other registering meter, and in case it does not properly and accurately measure the dis- tance traveled, and register the amount of fare,, in the case of a taximeter, to be determined and charged therefor, then in that event, it shall be unlawful for the owner or person in charge of such taxicab to permit its use until such taxicab is equipped with a taximeter or other registering meter, approved by said license inspector. For every meter inspection made by the License Inspector as provided for in this ordinance, there shall be paid to said Inspector, a fee of Fifty Cents (50�) by the owner or operator of such taxicab, provided however, that in case the inspection is made upon complaint as herein provided and such taximeter or other registering meter is found to be correct, said inspection fee shall be paid by the person making said complaint and not by the owner or operator of such taxicab. Section 39. Refusal to pay fare; It shall be unlawful for any person to refuse to pay the legal fare for a taxicab, as pre- scribed in this ordinance, after having hired the same, and any person who shall hire any taxicab with the intention of defrauding the person from whom the same is hired shall be guilty of a mis- demeanor. Section 40. Weddings and Funerals: The provisions of this ordinance shall not include any passenger vehicle for hire while being used for service at funerals or weddings. or Transportatiora of Liclzor Section 41. Taxicab for Immoral Purposes; shall e un- lawful to drive, operate or use any taxicab for the purpose of prostitution or transporting any person or persons from any place within the City of Salina to any other place within or without said city or from any place outside of said city to any place therein for the purpose of prostitution, or to drive, operate or use any taxicab for transporting liquor from any place within the City of Salina to any place within or without said city or from any place without said city to any place th4breip, or for any other unlawful purpose within the City of Salina. Section 42, Same; License suspended or revoked; If it shall be charged that any taxicab has been driven, operated or used for any of the purposes mentioned in the preceding section, the license for the operation of such taxicab and the taxicab driver's license of the driver thereof may be immediately suspended or revoked by the Chief of Police, and after any such suspension or revocation, any such veiicle shall not thereafter be used, operated or licensed for use within the City of Salina as a taxicab or other vehicle for hire without the express permission granted therefor by the Board of Commissioners and if the license has been revoked, with- out the issuance of a new license issued under the direction of the Board of Commissioners. When any such license is suspended or revoked the City Clerk shall make a note thereof on his records and shall not thereafter issue a license for any such vehicle, except as provided for herein. I Section 43, Same; Driver Guilty; Penalty: The driver of any taxicab used for any of the purposes mentioned in Section 4.1. or any other person using or occupying the same for any such purpose shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than Twenty-five Dollars W5.00) nor more than Two Hundred Fifty Dollars (0250.00) or by imprisonment in the city jail for not less than ten (10) days nor more than sixty (60) days, or by both such fine and imprisonment. Section 44. Revocation of License: If any driver of any taxicab or other vehicle for hire shall be convicted of any such violation of the provisions of Section 41 of this ordinance, the license of such driver shall immediately stand revoked, and it shall be the duty of the City Manager to notify the City Clerk of such revocation. No such person shall thereafter be permitted or licensed to drive a taxicab within the City of Salina. Section 45. Terms of Ordinance; apply to owner; agents, etc.: Wherever in this ordinance the owner or operator of any taxicab is referred to, such term or terms shall apply to the agent, officer, manager or members of any corporation, firm, partnership, or association owning or operating any such taxicab and any such agent, officer, manager or member of any such corporation, firm, partnership or association shall be subject to any and all of the penalties provided for in this ordinance for the violation of any of the terms thereof by any such owner or operator. Section 46, Violations; Owners and Operators: Except as otherwise specifically provided for herein, any person who shall violate any of the provisions of this ordinance, or who shall operate or drive in the City of Salina any taxicab without being licensed so to do as provided for by this ordinance, or after any such license has been suspended or revoked or who shall fail to comply with any of the requirements of this ordinance, applicable to such person shall upon conviction thereof be punished by a fine of not less than Ten Dollars (610.00) andnot exceeding One Hundred 4 Dollars (0100.00) and shall stand committed to the city jail until such fine and costs of prosecution are paid. Section 47. Saving Clause: If any section or provision or part thereof in this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or of any section, provision or part thereof, not adjudged invalid or unconstitutional. Section 48. Repeal: That Ordifnances 2948, 33060 46252 4633 and 4787 be and the same are hereby repealed. Section 49. Take Effect: This ordinance shall take effect and be in force from and after its passage and publication in the Book of Revised Ordinances of the City of Salina. Introduced, September 11, 1039 Passed,eIl �)terlber 18, 1939 Attest: _ Mayor Cit;;r Clerk