HomeMy WebLinkAbout1977-06-21 Ordinance9
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ORDINANCE NO.
AN ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY OF
IOWA CITY, IOWA, BY PROVIDING FOR A COMPREHENSIVE REGUTA-
TION OF TAXICABS WITHIN THE CITY OF IOWA CITY, IOWA, AND'
REPEALING MUNICIPAL CODE 67.1 THROUGH 67.14 (CHAPTER�-16
OF THE MUNICIPAL CODE OF THE CITY OF IOWA CITY, I04Z9).
SECTION I. PURPOSE. The purpose of this Ordinance isJ/to provide for the
health, safety and general welfare of the residents oft City of Iowa City, Iowa,
by enacting comprehensive regulations pertaining to the operation and use of taxi-
cabs in the City of Iowa City, Iowa.
SDCTI@1 II. AMENDMENT. Chapter 5.Zcipal Code of the City of
Iowa City, Iowa, shall he\eby state as f
7 ChapteTAXI5.16.1 Definitions. The foild phrases when used
in this ordinance have the meaninas ,as set out herein:
a. Certificate me
and necessity issued by
thereof to conduct a to
Iowa.
b. City Manager
c. Holder
convenience and
ificate of public convenience
Council, authorizing the holder
ness in the City of Iowa City,
the'City Manager or his/her designate.
person to Whan a certificate of public
y has been 'lssued.
d. Manifest ins a daily record prepared by a taxicab
driver of all tris made by said dri showing time and place of
origin, destination, number of passenges, and the amount of fare
of each trip.
n includes an S.ndividual
e. Pers , a rporation or other
legal entity,' a partnership, and any uLncrorporated association.
f. Rat card means a card issued by the City Manager for
display in each taxicab which contains the ra s of fare then in force.
i
g.' Street shall mean any street, alley, cc , lane, bridge
or public place within the City.
i h. Taxicab shall include all vehicles furnished with a driver and
carrying passengers for hire for which public patronage is solicited
within the City of Iowa City, Iowa. Automobiles used exclusively for
hotel business shall not be considered as taxicabs within the meaning
'of this paragraph, nor shall vehicles commonly known as "rent -a -car",
for which a driver is not furnished, be considered as taxicabs, nor
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shall buses operating over a fixed route in the city be con-
sidered as taxicabs within the meaning of this paragraph. In
addition, vehicles owned or operated by state or local govern-
ment entities which provide transportation to the pubic shall
pot be considered taxicabs. /
i. Taximeter shall mean any instrument or fare -registering
igned
ister mechani-
cally\the distance traveledtaxicab
bynsuch svehicle��to record the time
the vehicle is in waiting, and to indicate upon such record by
figureslificate
fare to be charged in dollars//and cents.
5.16.2 of Public Convenience and Necessity Required.
No person shall operate or permit a taxicab vaned or controlled by him
to be operated as a ehicle for hire upop1the streets of the City of
Iowa City, Iowa, with•ut having first obtained a certificate of public
convenience and necessity from the City Council.
cate shall be filed with
Iowa City, Iowa, and said
furnish the following ins
a. The name and
b. The
c. The experience of the
of passengers.
te. An application for a certifi-
k upon forms provided by the City of
shall be verified under oath and shall
the applicant.
applicant.
in the transportation
d. Any fac/s which the applicant b4ieves tend to prove that
public convenience and necessity require the granting of a certificate.
e. Theumber of vehicles to be opera or controlled by the
applicant and the location of proposed dispatch ints and street stands.
f. The color scheme or insignia to be used to designate the vehicle
or vehicles of the applicant.
g./ Such further pertinent information as the City 'Council of the
City of Iowa City, Iowa, may require.
5.16.4 Public Hearing.
a. No certificate required by this division shall be granted
or issued to operate a taxicab or taxicabs unless and until the
City Council, after a public hearing held before it, shall by reso-
lution declare that the public convenience and necessity require
the proposed taxicab service for which application for a license
to operate such taxicab or taxicabs is made.
b. The hearing required by subsection a, shall be had only
after thirty (30) days written notice of the hearing is served
upon all persons holding taxicab licenses, and after a notice
addressed to the public and signed by the City Clerk shall have
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been published pursuant to state law, informing the public that
the application is pending. The service and publication of the
notice shall be at the expense of the applicant.
a. As a condition to granting the certificat the person
seeking such certificate shall file, in the offi of the City Clerk,
a motor vehic a operator's liability insurance,cy, executed
by a cag?any a orized to do insurance business in the State of
Iowa, in a form proved by the City Manager. a miniminn limits
of such policy s 1 be as set forth by City C uncil Resolution.
Each policy shall ntain the following endor eirent:
"It is unders and agreed that bef a the insurance
policy to which this orsement is attar may be suspended or
cancelled the City of I a City, Iowa, w'd l be given ten (10)
days prior written noti of such pmpo ed suspension or cancella-
tion. It is further unde tood and a eed that the obligation of
this policy shall not be ected by y act or omission of the
named assured, or any errploy or a t of the named insured, with
respect to any condition or r nt attached thereto, nor by
any default of the assured in t of the premium, nor in the
giving of any notice required said policy, or otherwise, nor
by the death, insolvency, bankJrvp cy, legal incapacity, or
inability of the assured."
b. The failure of any0certifi holder to maintain such
policy in full force and effect thmu out the life of the
certificate shall const4te revocation Convenienof the certificate.
5.16.6 Certificate of,Public ce d Necessity.
a. Certificates/shall be valid begg on the first day
of May of each year,/and shall expire on the st day of the
April next following. Renewal of a oertifica shall follow
the same nrocedure/as set for issuance of an i.ni ial certificate.
b. No certifEicate shall be issued or continu in opera-
tion unless they older thereof has paid a fee as set ley City Council
resolution. \
c. In c0es where certificates are issued on or aft&the
first day of November in each year, one-half (1/2) only of �h\e
fees established in subsection b. shall be paid.
5.16.7 Suspension or Revocation of Certificate.
a. The City Manager is empowered and authorized to revoke
or suspend any certificate issued whenever:
(1) the holder has failed to comply with any provi-
sions of this ordinance, or
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(2) a fact exists which would have been a ground
for refusal to issue a certificate, or
(3) the holder's service to the public is so
inadequate or insufficient as to adversely affect the
public.
b. Whenever a certificate is suspen or revoked, the
City Manager shall by written notioe info the holder and the
City Council of such action and a specif'cation of reasons
}herefore within seven (7) days. No tificate may be revoked
t%suspended unless the holder has re ived written notice.
c. Within seven (7) days of ceipt of notice under b. above,
he of a certificate may f' e with the City Clerk on a form
to beiprovided by the City Cler a written appeal of the City
Manag 's decision. Any appea so taken shall give a brief
statemeRt of the grounds upon Ahich said appeal is taken.
d. n receipt of appeal, the City Clerk shall set
the matter1my
lic hear' g before the City Council no later
than thirtyays f the filing of the appeal. Notice of
said publicg shal be pursuant to state law, with written
notificatioea plant.
e. Thng Dan appeal shall be open and informal..
The hearingco/tinued by the City Council.
f.The City incil shall render its opinion within
thirty (30) days ofr a close of the hearing. The decision of
the City Council 1 be a final determination and the
appellant may s reli f therefrom in the District Court of
Iowa as provi by the aws of this state. Such decision
may consist of
(1) eaffirmatio of the original decision to
revoke, uspend, or den renewal of the certification,
or
S2) deletion or alter tion of any part of the
original decision, or
/(3) reversal of the orig al decision by reinstating
or ordering the renewal or iss ce of the certificate.
5.16.8 License Plate: Issuance; At chmant to Vehicle; Form. Upon
the granting of a certificate required by this division, the holder, upon
payment of a fee as set forth by Resolution bythe City Council, shall
affix to a conspicuous and indispensable part of each taxicab, a small
plate not exceeding six (6) inches in diameter, which shall bear the
taxicab license number of the vehicle and the year in which the license
was issued.
5.16.9 Name of
the name of the owner or the operating carp ny thereof pairoad plainly in
1Atters at least two (2) inches in height in the centero the main panel
ot'gne (1) door on each side of the taxicab.
x.16.10 Distinctive Color Scherre Required. Each/taxicab that shall
be lic nosed pursuant to this division and used upon Oe streets of the
City shall be finished in a distinctive color, either in whole or in part,
so that i may be readily and easily distinguished from other vehicles as
a taxicab, which color scherte shall and must at all tines rreet with the
approval an requiraTents of the City Council.
5.16.11 be Equipped with Interior bi hts. Each taxicab shall be
equipped with a�i interior light of sufficient candlepower capable to amply
illuminate the interior of the taxicab at/all times. The light shall be
so arranged as to be easily accessible 0and operable by passengers; how-
ever, interior li is may be disconner at any time after sunrise and
before sunset. //
5.16.12 Mechanical Inspection/ Acceptable Standards of Fitness
Generally. Any nember\ypaiby
, department may order any taxicab to
be inspected by a garagmechanical fitness, if there is a reason-
able doubt of the fitneehicle. The taxicab shall be considered
mechanically fit if theand operation thereof conforms to the
notor vehicle inspectionts of the Iowa Code. The costs of
such inspection shall be certificate holder.
cab for hire uponthe str is o
who owns or controls a 'cab s
taxicab licensed by the ity of
time for hire, unless re driver
and shall have then ig/force a c
sions of the State Code.
e. No person shall operate a taxi -
City of Iowa City, Iowa, and no person
permit it to be so driven, and no
City, Iowa, shall be so driven at any
aid taxicab shall have first obtained
eur's license issued under the provi-
5.16.14 To webr cap of Distincti Color, Which Shall Designate
Employer. Each cab driver shall, wlip on duty, wear a cap of distinc
tive color, with e name of his/her enper thereon.
5.16.15 I tification Card With N and Photoqraph of Driver to
be thDisplayed. ch taxicab driver shall, ile operating a taxicab in
e City, disp y in a prominent place in th4 taxicab, visible from all
seats used by ssengers, an identificationd showing the full name of
the driver. and his/her photograph.
a. Each taxicab operated for intracity 4ansportation on the
streets of the City shall have affixed thereto a taximeter of a size
and design approved by the City Manager.
b. No license required by this article shall be issued to a
taxicab until the taximeter attached thereto shall have been inspected
and found to be accurate by the City Police Department, such inspec-
tions to occur at least annually.
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c. No person shall use or permit to be used upon any taxi-
cab owned or operated by him/her a taximeter which shall be in such
a condition as to be over five per cent (58) incorrect to the
kejudice of any passenger.
d. No taximeter shall be used between sunset and sunrise
s the face shall be illuminated by a suitable light, so
%ed as to throw a continuous, steady light thereon.
e. No person shall use or permit to be used/or drive for
hire, a cab equipped with a taximeter, the e of which is
unsealed d which does not have its cover anyYgear intact.
f. 2 shall be unlawful for any per owning, operating or
driving a tkx3inab to operate or drive s taxicab unless the fare to
be charged r intracity transportati is determined by an approved
taximeter an no other or different a shall be charged to passengers
than is re or on the reading f of said taximeter for the trip.
5.16.17 Fares.
a. Prior t the establis nt of or change in fare or
charges to passeKR r cab services rendered, the holder of
the certificate si shall submit to the City Clerk a
proposed schedules d charges. Upon receipt of such a
schedule, the Ci11 cause said proposal to be published
pursuant to statset the matter for a public hearing
before the City Said notice shall be substantially in
the following foF ROPOSED TAXICAB
F CHANGE
TO ALL RFS; THE OF IOWA CITY, IONA1, AND TO
OTHER P ESTED:
The / has submitted
to the/City Council of the Ci y of Iowa City, Iowa, the
foilg proposed schedule o fares and charges for
taxi services:
(rate schedule
A public hearing on this propo al will be held on
, 19 , a 7:30 o'clock P.M.
Said meeting is to be held at the uncil Chambers in
the Civic Center in said City. The proposal is sub-
mitted for City Council's determina ion of reasonable-
ness.
Any persons interested may appear'at said neeting
of the City Council for the purpose of making objections
to said proposal or any part thereof.
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This notice is given by order of the City Council
of the City of Iowa City, Iowa.
CITY CLERK
CITY OF IOM CITY, IOTA
b. Tie City Council shall hold a public hearing and make a
determination as to the reasonableness of the proposed schedule.
The oertitfrall
der may be required to submit any relevant
records, and other nomranda to substanti � needs
of any raThe hearing may be informal testimony may
be receivinterested persons. The C' yCouncil shall
either affy or reject the proposed to change. The
decision of the Yity Council shall be a f' determination and
any person aggrigved by said decision mayl eek relief therefrom
in the District Court of Iowa as provided for in the laws of
this state. \ /
c. No fare or ge for to fcab services shall be valid
and none shall be col cted by person owning, operating or
driving a taxicab unle a sch ule reflecting such fares and
charges has been submit approved by the City Council as
provided herein.
d. The holder of tjie rtificate of necessity shall be
responsible for all erases incurred, including but not limited
to publication costs of notic s, resulting from but
for
approval of fares ant charges.
5.16. 18 Reoeiptsf for Fare; Con ts. Upon request, the driver in
charge of a taxicab hall deliver to a person paying for the hiring of
the taxicab, at th�time of the payment a receipt therefor in legible
type or writing, ntarning the name of owner of the taxicab, the
City license n , and any items for w ch a charge is made, the total
amoun:5.16.19
=Rate
payment, and the ignature of the driver.
to be Di la ed. Ea h taxicab shall prominently
display a e rate card visible to all pass ger seats.
5.16 20 Ri t to Demand Pre rat of F obligation to Passen-
gers. a driver of a taxicab shall have the r ht to demand payment of the
legal f e in advance and may refuse employment less so prepaid,' but no
driver hall otherwise refuse or neglect to cone any orderly person or
persons upon request anywhere in the City unless p viously engaged or
unable to do so.
SDC1'ION III. REPEALER. M.C. Sections 67.1 through and\,including 67.14 and
all other ordinances or parts of ordinances in conflict with the provisions of
this ordinance are hereby repealed.
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SBCTION IV. SEVERABILITY. If any section, provision or part of the
ordinance shall be adjudged to be invalid or unconstitutional, such adjudica-
tion shall not affect the validity of the Ordinance as a whole or any section,
provision O�part thereof not adjudged invalid or unconstitutional.
SECTION V. EFFECTIVE DATE. This Ordinance shall be in effect after its
final passage, approval and publication as required by law.
It was moved by and seconded by
that the Ordinance be finally adopted, and upon roll call the were:
AYES: NAYS:
- ATTEST:
city cl
First consideration
Vote for passage:
Second Consideration
Vote for passage:
Date of Publicat21—ov
Passed and
3
Balmer
deProsse
Foster
Neuhauser
Perret
Selzer
Vevera
Vevera, dePrci se, Foster, Neuhauser.
Selzer, Balmer Absent: Perret.
this day of
1977.
RECEIVED do APPROVED
BY THE LEGAL DEPARTMENT