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HomeMy WebLinkAboutO-1545ORDINANCE NO. 1545 AN ORDINANCE REPEALING AND REPLACING CHAPTER 22 VEHICLES FOR HIRE; ARTICLE II. CITY OF FAIRHOPE CODE OF ORDINANCES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE, ALABAMA, AS FOLLOWS: ARTICLE II. TAXICABS AND OTHER TRANSPORTATION VEHICLES SECTION I: DEFINITIONS. The following terms when used in this article shall have the meanings respectively ascribed to them by this section, unless the context clearly indicates otherwise: Parking: The standing of taxicabs or other transportation vehicles, motor driven or propelled in any manner, longer than may be necessary to receive or discharge passengers whom the driver of such taxicab or other transportation vehicle had been engaged to transport. Taxicab: Any automobile or other vehicle of like construction and operation employed in the transportation of passengers for hire within the city or the police jurisdiction thereof. Other Transportation Vehicle: Any automobile or other vehicle, not of like construction and operation of a taxicab, employed in the transportation of passengers for hire within the city or the police jurisdiction thereof, i.e. limousine, Uber, etc. SECTION II: PERMIT —REQUIRED FOR OPERATION. Every person driving or operating a taxicab or any other transportation vehicle in the city, or within the police jurisdiction thereof, must procure from the police department a permit to operate such vehicle. SECTION III: SAME —RULES AND REGULATIONS GOVERNING ISSUANCE. (a) Age and physical requirements of operators: No person shall be granted a permit to operate a taxicab or other transportation vehicle unless such person has reached such person's nineteenth birthday, and has the free use of both hands and feet. (b) Experience: No applicant shall be granted a permit to operate a taxicab or other transportation vehicle who has not had at least six (6) months experience in operating automobiles. (c) Familiarity with provisions: No applicant shall be granted a permit to operate who is not familiar with the provisions of this Code governing the use and operation of automobiles on the streets of the city. (d) Application: No person shall be granted a permit to operate a taxicab or other transportation vehicle except upon written application therefore to the police department which shall be in such form as to require the applicant to give all the information required by this article. Such application shall be sworn to by the applicant and endorsed by three (3) reputable responsible citizens of the city, one of whom shall be the chief of police, who shall certify that the applicant is a person of good character, sober, and not of a reckless disposition. (e) Police Department to keep file: The police department shall keep on file the application which shall show in addition to other information called for in this article, the name, age and address of all persons issued permits as taxicab or other transportation vehicle drivers. (f) Convictions: A permit shall not be issued to operate a taxicab or other transportation vehicle to any person who within the preceding twelve (12) months has been convicted of reckless driving, driving while intoxicated, public drunkenness, or any felony. Ordinance No. 1545 Page -2- (g) Appeal from denial of permit: Should the police department fail or refuse to issue a permit to any person under the provisions of this chapter the applicant for such permit may appeal to the city council, and upon hearing, if the city council is satisfied of the fitness of the applicant under the provisions of this chapter to operate a taxicab or other transportation vehicle, the city council may direct the police department to issue a permit to the applicant. (h) Fee: Every application shall be accompanied by a fee of two dollars ($2.00) to cover the cost incident to the issuance of such permit, and if the application is not granted the two dollars ($2.00) so paid shall be refunded to the applicant upon demand. (i) Inspection of vehicle: Prior to the issuance of a permit each taxicab or other transportation vehicle must be inspected and approved by either a member of the state highway patrol assigned to this area or by the chief of police, and such subsequent inspections as these officers may deem necessary. SECTION IV: SAME —TO BE IN ADDITION TO BUSINESS LICENSES. The permit provided for by this article shall be separate and distinct and in addition to the business license required by the city for the operation of taxicabs or other transportation vehicles in the city. SECTION V. SAME —REVOCATION. Whenever any person who is the operator of a taxicab or other transportation vehicle within the city is convicted for operating such taxicab or other transportation vehicle while in an intoxicated condition, transporting alcoholic beverages, or other crimes, it shall be within the discretion of the mayor or other person trying the case to direct that the city permit under which such person is operating such taxicab or other transportation vehicle shall be revoked, and if such operator be the owner of such taxicab, the judge trying the case may direct that the city license under which the taxicab is operating shall be revoked. Upon direction of the mayor or judge trying the case that the permit or license of any person operating a taxicab in the city shall be revoked, it shall be the duty of the city clerk to revoke such permit or license; and thereafter if such person should continue to operate such taxicab or other transportation vehicle such person shall be guilty of a misdemeanor. SECTION VI. INSURANCE REQUIREMENTS. (a) No person shall operate a taxicab or other transportation vehicle in the city without the same being covered by a public liability insurance policy issued by a solvent insurance company authorized to write automobile liability insurance in the state, protecting passengers, pedestrians, and other persons against injury and property damage, subject to the following minimum limits: (1) For all damages arising out of a bodily injury to one person, ten thousand dollars ($10,000), and subject to that limit for each person, the total liability on account of one accident shall be limited to twenty thousand dollars ($20,000). It shall not be required that such coverage shall apply to the assured's employee while engaged in operating or being carried in any of the assured's taxicabs or other transportation vehicles, or other employees of the assured, who are injured while engaged at the time of such injury in performing any duties for the assured in connection with the trade, business or occupation of the assured. (2) For all property damage in one accident, five thousand dollars ($5,000.00) except property of the assured or property in the custody of the assured for which assured is legally responsible. (b) Said policy shall include endorsement to the effect that the policy shall not be cancelled without notice of cancellation being served upon the city revenue officer at least ten (10) days prior to the date of cancellation. Said policy shall be filed with the city revenue officer, and shall remain on file with said city revenue officer. The police department shall not issue any taxicab or other transportation vehicle permit unless the applicant or the owner of the taxicab or other transportation vehicle shall first file with the city revenue officer an insurance policy as herein specified. Ordinance No. 1545 Page -3- (c) In the event the insurance policy should expire or be cancelled the permit to operate the taxicab or other transportation vehicle covered by the insurance policy shall immediately be cancelled and become null and void and it shall be unlawful for any person to operate such taxicab or other transportation vehicle after the expiration or cancellation of such insurance policy. SECTION VII. PARKING. No taxicab or other transportation vehicle shall be permitted to park or stand on any street, alley or public place in the city at any hour of the day or night for a longer period of time than is actually necessary to receive or discharge passengers; provided, however, the city council may designate stands for taxicabs or other transportation vehicles at such places as it may see fit. SECTION VIII. PENALTIES. Any driver or owner of a taxicab or other transportation vehicle who shall fail to comply with any provision of this article or who shall violate any provision of this article, upon conviction, in addition to the fine and imprisonment provided for in Section 1-8, for the second offense shall be suspended from the operation of a taxicab or other transportation vehicle for sixty (60) days; and for the third offense, in addition to the fine and imprisonment provided for in Section 1-8, the permit to operate a taxicab or other transportation vehicle held by such driver or owner shall be revoked. SECTION X: SEVERABILITY The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, then such ruling shall not affect any other paragraphs and sections, since the same would have been enacted by the municipality council without the incorporation of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION XI: EFFECTIVE DATE This ordinance shall take effect immediately upon its due adoption and publication as required by law. ADOPTED THIS 24TH DAY OF AUGUST, 2015 ATTEST: 01 Lisa Hanks, MMC City Jerk