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HomeMy WebLinkAbout1982-07-06 Ordinance• ORDINANCE NO. j -j052_ ORDINANCE AMENDING SECTION 35 OF THE IOWA CITY MUNICIPAL CODE BY REPEALING ARTICLE II, TAXICABS, AND ADOPTING A NEW SECTION IN LIEU THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: The Code of Iowa City be and is hereby amended by repealing the language of Article II. Taxicabs, of Chapter 35, in its entirety, and substituting the following language: ARTICLE II. TAXICABS Sec. 35-16. Definitions. The following words and phrases, when used in this article, 'shall have the meanings as set out herein: CITY MANAGER means the City Manager or his/her designate. DRIVING PERMIT means a card or badge issued by the City Clerk to each taxicab driver authorized to operate a taxicab. HOLDER means a person to whom a driving permit or license has been issued. LICENSE means a decal issued by the City Clerk which must be attached to each taxicab for identification. RATE CARD means a card provided by the license holder for display in each taxicab which contains the rates of fare then in force, including discounts. STREET shall mean any street, alley, court, lane, bridge or public place within the city. 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 or motel 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 shall buses operating over a fixed route in the city be considered as taxicabs within 1113 , I J111CROFILMED BY J JORM MICR6LA0 ? CEDAR RAPIDS DES MOVIES � 1 S\ ORDINANCE NO. AN ORDINANCE TO AMEND THE CODE OF IOWA CITY. € IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWAA CITY, IOWA: The Code of Iowa City be and is hereby amended by repeat'\ing the language of Article II. Taxicabs, of Chapters 35, in its entirety, and substituting the followi language: ARTICLE II. TAXICABS Sec. 35-16. efinitions. The following w rds and phrases, when used in this article, shall have the meAings as set out herein: CITY MANAGER means th City Manager or his/her designate. DRIVING PERMIT means and or badge issued by the City Clerk to each tax)caabb driver authorized to operate a taxicab. HOLDER means a p rson to whom a driving permit or license has been ssued. LICENSE means /a decal issued by the City Clerk which mustlans a attached to ea h taxicab for identificati RATE CARD a card provided by the license holder for isplay in each taxicab which contains the rates of fare then in force, \ ncluding discounts. STREET s 11 mean any street, alley, court, lane, bridge o public place within the city. TAXICAB shall include all vehicles furnished with a driver nd carrying passengers for hire for which public patronage is solicited within the City of Iowa C ty, Iowa. Automobiles used exclusively for hotel or motel business shall not be considered as taxic bs within the meaning of this paragraph, nor shal) vehicles commonly known as "rent -a -car", for whish a driver is not furnished, be considered as taxicabs, nor shall buses operating over a fixed route in the city be considered as taxicabs within 073 / 141CROFILMED BY r _I - J011P.1 MiC Rf�LAB R-� 1 +j CEDAR RAPIDS • DES MOINES � I1 1 r Ordinance No. 82-3069 Page 2 the meaning of this paragraph. Charter transportation provided with or without drivers on a contract or lease basis with an organization or person(s) for a prearranged fee shall not be considered as taxicabs within the meaning of this paragraph. In addition, vehicles owned or operated by state or local government entities which provide transportation to the public shall not be considered taxicabs. TAXICAB DRIVER means a person authorized by the City to drive a licensed taxicab. Sec. 35-17. Name of company to be painted on vehicle; size and location of lettering. Each taxicab shall have the name of the owner or the operating company thereof painted plainly in letters at least two (2) inches in height in the center of the main panel of one door on each side of the taxicab. Sec. 35-18. Distinctive color scheme required. Each taxicab shall be finished in a distinctive color, either in whole or in part, so that it may be readily and easily. distinguished from other vehicles as a taxicab, which color scheme shall and must at all times meet with the approval and requirements of the City Clerk. Sec. 35-19. To be equipped with interior lights. Each taxicab shall be equipped with an interior light of sufficient candlepower to amply illuminate the interior of the taxicab at all times. The light shall be so arranged as to be easily accessible to and operable by passengers; however, interior lights may be disconnected at any time after sunrise and before sunset. Sec. 35-20. Driving permit, identification card or badge with name and photograph of driver to be worn. Each taxicab driver, while operating a taxicab in the city, shall prominently wear on his/her person the identification card or badge showing the full name of the driver and his/her photograph. The card or badge shall be provided by the City Clerk. MICRorILMED DV � JORb1 MIC RbLAB � CEDAR RAPIDS DES MOINES � I 1113 J I r Ordinance No. 82-3069 Page 3 Sec. 35-21. Disclosure of rates. The driver of any taxicab shall disclose to any -_..__. person so requesting at any time during or prior to the hiring of the taxicab, an estimate of the amount of fare to be charged such person for the hiring of such taxicab. This estimate shall be as proximate to the fare charged as practicable but in no instance shall any driver of any taxicab charge a fare in excess of the estimate so given plus an amount equal to the one-half ('s) mile charge. Sec. 35-22. Rate card to be displayed and provided to passenger. Each taxicab license holder shall prominently display in each taxicab a fare rate card visible to all passenger seats and each taxicab driver shall provide a copy of the fare rate card to a passenger, when requested. A copy of the fare rate card shall be filed with the City Clerk. Sec. 35-23. Receipts for fare; contents. Upon request, the taxicab driver shall deliver to the person paying for the hiring of the taxicab, at the time of the payment, a receipt therefore in legible type or writing, containing the name of the owner of the taxicab, the city license number, and any items for which a charge is made, the total amount paid, the date of payment, and the signature of the driver. Sec. 35-24. Right to demand prepayment of fare, obligation to carry passengers. The driver of a taxicab shall have the right to demand payment of the legal fare in advance and may refuse employment unless so prepaid, but no driver shall otherwise refuse or neglect to convey any orderly person, upon request, anywhere in the city unless previously engaged or unable to do so. Sec. 35-25. State chauffeur's license required. No person shall operate a taxicab for hire upon the streets of the city, and no person who owns or controls a taxicab shall permit it to be so driven, and no taxicab licensed by the City shall be so driven at anytime for hire, unless the driver of such taxicab shall have first obtained and shall l Id lcRorl UdED BY DORM MICR6L49 \ I CEDAR RAPIDS DES MOINES � 1 1 r f,: Ordinance No. 82-3069 Page 4 have then in force a chauffeur's license issued under the provisions of the State Code. Sec. 35-26. Driving Permit for Taxicab Driver. No person shall operate a taxicab for hire upon the streets of the city, and no person who owns or controls a taxicab shall permit it to be so driven, and no taxicab licensed by the City shall be so driven at any time for hire, unless the driver of such taxicab shall have first obtained and shall have then in force a driving permit issued by the City. Sec. 35-27. Application. Each person desiring to drive a taxicab shall file an application for a driving permit. An applica- tion shall be filed with the City Clerk upon forms provided by the City and such application shall be verified under oath and shall furnish the following information:' (1) The name and address of the applicant. (2) The experience of the applicant in the trans- portation of passengers. (3) The applicant's certified driving record. The City Clerk may issue a temporary driving permit pending receipt of the' applicant's certified driving record. In no event shall temporary permit exceed 30 days. (4) The applicant's record of convictions of misdemeanors and/or felonies. (5) Currently valid Iowa chauffeur's license. (6) Such further pertinent information as the City may require. Sec. 35-28. Issuance of driving permit. The City Clerk shall issue a driving permit to each applicant when the Police Chief determines that there is no information which would indicate that the issuance of such permit would be detrimental to the safety, health or welfare of residents of the City. FII CROE RI4ED By DORM MICR4E7LA13 CEDAR RAPIDS DES MOINES I 1 173 1 J L1 r Ordinanc Ordinance No. 82-3069 Page 5 The basis for refusal to issue a permit may be based upon an adverse driving record and/or conviction of other crimes. Sec. 35-29. Taxicab License Decal No taxicab shall be operated upon any street, alley, court, lane, bridge or public place within the City unless the owner of such taxicab shall have first obtained and shall have then in force a license decal issued by the City Clerk. The decal shall be attached to the lower lefthand corner of the rear window of the taxicab. Sec. 35-30. Application. Each owner of a taxicab shall file an application for a license with the City Clerk upon forms provided by the City and such application shall be verified under oath and shall furnish the following information: (1) The name and address of the applicant. (2) The experience of the applicant in the trans- portation of passengers. (3) The applicant's driving record. (4) The applicant's record of convictions of misdemeanors and/or felonies. (5) Such further pertinent information as the City may require. Sec. 35-31. Issuance of license decal The City Clerk shall issue a license decal to each owner when the Police Chief determines that there is no information which would indicate that the issuance would be detrimental to the safety, health or welfare of residents of the City. The license decal shall be non-transferrable as between vehicles and owners. The basis for refusal to issue a license decal may be based upon an adverse driving record and/or conviction of other crimes. Sec. 35-32. Liability insurance prerequisite to issuance. mjcAorILMED BY "JORM MICR6LA© CEDAR RAPIDS DES MOINES III 1173 J r Ordinance No. 82-3069 Page 6 (a) As a condition to granting a license required by this division the person seeking such license shall file, in the office of the City Clerk, a motor vehicle operator's liability insurance policy, executed by a company authorized to do insurance business in the state, in a form approved by the City. The minimum limits of such policy shall be as set forth by City Council resolution. Each policy shall contain the following endorsement: "It is understood and agreed that before the insurance policy to which this endorsement is attached may be suspended or cancelled the City of Iowa City, Iowa, will be given ten (10) days prior written notice of such proposed suspension or cancellation. It is further understood and agreed that the obligation of this policy shall not be affected by any act or omission of the named assured, or any employee or agent of the named insured, with respect to any condition or requirement attached thereto, nor by any default of the assured in payment of the premium,. nor in the giving of any notice required by said policy, or otherwise, nor by the death, insolvency, bankruptcy, legal incapacity, or inability of the assured." (b) The failure of any license holder to maintain such policy in full force and effect throughout the life of the certificate shall constitute revocation of the license. Sec. 35-33. Mechanical inspection prerequisite to issuance. Each applicant for a license required by this division or a renewal of such license shall submit with his/her application proof that all motor vehicles used as taxicabs conform to the require- ments of mechanical fitness as set forth in the Code of Iowa. Such proof shall consist of official certificates of inspection issued pursuant to state law. The Police Chief may require the holder of the license to provide a current certificate of inspection whenever it is believed that the subject taxicab does not comply with all applicable requirements of the Code of Iowa. i MICROFILMED DY 1 -JORM MICR46LAB CEDAR RAPIDS • DES MOINES I 1173 J Ordinance No. 82-3069 Page 7 Sec. 35-34. Fees. No license or driving permit shall be issued or continued in operation unless the holder thereof has paid a fee as set by City Council resolution. See. 35-35. Suspension or revocation. (a) The City Manager is empowered and authorized to revoke or suspend any license or driving permit issued under this division whenever: (1) The holder has failed to comply with any provisions of this article, or (2) A fact exists which would have been a ground for refusal to issue a license or permit, or (3) The holder's service to the public is so inadequate or insufficient as to adversely affect the public. (b) A license or driving permit may be suspended or t revoked by the City Manager upon thirty (30) days notice. Such notice shall: (1) Be in writing; (2) Include a statement of the factual circumstances relating to the action taken; (3) Include a reference to the particular section of this article involved authorizing such action; (4) Allow a specific time for the performance of any act to remedy the existing situation; (5) Be delivered either by personal service or sent by certified mail, return receipt requested; (6) Include a statement that the holder affected by such notice may request, and shall be granted a hearing before the City Council. The notice shall further state that a failure to request a hearing by filing a written appeal with the City _. 1173 .J wtcaonuaED BY i -JORM MICR6LAG - I j + CEDAR RAPIDS • DES Id019ES 1 j i `C _ \ = ,i r Ordinance No. 82-3069 Page 8 Clerk within ten (10) days of service or mailing of such notice and order shall constitute a waiver of the right to a hearing and that such notice shall become a final determination and order. (c) Any holder affected by any notice or order may request, and shall be granted, a hearing on the suspension or revocation before the City Council, provided the holder files with the City Clerk a written petition of appeal within ten (10) days of the date the notice was served or mailed. Any petition so filed shall state a brief statement of the grounds upon which such appeal is taken by the City Manager until final determination by the City Council. Failure to request a hearing within ten (10) days of service or mailing of a notice shall constitute a waiver of the right to a hearing, and the action taken by the City Manager shall become a final determination and order. (d) Upon receipt of the appeal, the City Clerk shall set the matter for public hearing before the City Council no later than thirty (30) days from the filing of the appeal. Notice of such public hearing shall be pursuant to state law, with written notification to the appellant. (e) The hearing of an appeal shall be open and informal. The hearing may be continued by the City Council. (f) The City Council shall render its opinion within thirty (30) days of the close of the hearing. The decision of the City Council shall be a final determination and the appellant may seek relief therefrom in the District Court of Iowa as provided by the laws of this state. Such decision may consist of: (1) Reaffirmation of the original decision to revoke, suspend, or deny renewal of the license or permit or (2) Deletion or alteration of any part of the original decision, or (3) Reversal of the original decision by reinstating or ordering the renewal or issuance of the license or permit. nICROEILMED BY I -JORM MIC RE1LA e1 1 CEDAR RAPIDS • DES MOINES I I J 1173 Ordinance No. 82-3069 Page 9 Sec. 35-36. Term; renewal. Permits and licenses shall be valid for a period of one year from date of issuance. Renewal shall follow the same procedure as set for initial -" issuance. SECTION I. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION II. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION III. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 6th day of July, 1982. MAI R ATTEST:J.�Q.,, ` CITY CLERK ' 7 It was moved by Balmer and seconded byPerret that the Ordinance as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: X BALMER x DICKSON E EROAHL x LYNCH _X_ MCDONALO x NEUHAUSER mac_ PERRET First consideration 6L8182 Vote for passage:Ayes: Ic son, rdahl, Lynch, McDonald, Neuhauser, Perret, Balmer. Nays: None. 11?3 r 111CRUILMED BY J JORM MIC Rt11L AB .1 7 x L J I CEDAR RAPIDS DES MOIRES 4 7 1 �1 Ordinance No. 82-3069 Page 10 Second consideration 6/22/82 Vote for passage: Ayes: Neuhauser, Perret, Balmer, Dickson, Erdahl, Lynch, McDonald. Nays: None. Date published _ 7/)q/82 MICROFILMED BY I"JORMMICR¢LAB- CEDAR RAPIDS • DES MOINES I 1113 J� r ORDINANCE NO. 82-3070 ORDINANCE AMENDING LOCATION OF ROSE ALLEY. WHEREAS, Ordinance No. 76-2806 named Rose Alley as lying between Lots 2 and 3 and Lots 22 and 23 in Kauffmann's Addition, and WHEREAS, the above location is the incorrect location of Rose Alley. BE IT ORDAINED BY THE CITY COUNCIL OF IOWA CITY, IOWA: SECTION 1. That the correct location of Rose Alley is the alley lying between Kauffmann's Addition to Iowa City, Iowa, and Subdivision of Oakes' First Addition to Iowa City, Iowa. SECTION Z. This ordinance will be in full force and effect when published as provided by law. SECTION 3. REPEALER. All ordinances and parts' of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION 4. SEVERABILITY. If any section, .provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such ajudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional: SECTION 5. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this 6th day of July, 1982. C. 41"Jiauku ,.O. /i. CITY CLERK 61 f Recalved & Approved By The Legal Dopartment 141CROFIVICD BY i -JORM MICR46LAO J CEDAR RAPIDS DES MDIetS _. /17� r f .. 1 It was moved by Lynch and seconded by Perret that the Ordinance as read be adopted and upon roll call there were. AYES: NAYS: ABSENT: x BALMER x _ DICKSON x ERDAHL x LYNCH x MCDONALD x NEUHAUSER x _ PERRET First consideration XXXXXXXXXXXXXXXXX Vote for passage: Second consideration XXXXXXXXXXXXXXXXX Vote for passage: Date published 7/14/82 Moved by Lynch, seconded by Perret, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first and second consideration and vote be waived and the ordinance be voted upon for final passage at this time. Ayes: Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser, Perret. Nays: None. wtceonuaEo BY J 1 "JORM MICR#LAB _..l LEDAR RARIDS DES MDIYES ! � I _ J i