[HISTORY: Adopted by the Village Board of the
Village of New Glarus 8-17-2010 by Ord. No. 10-03. Amendments noted where
applicable.]
No person shall operate or cause to be operated any taxicab
within the limits of the Village without having first secured a taxicab
business license as herein provided.
As used in this chapter, the following terms shall have the
meanings indicated:
Includes all vehicles carrying passengers for hire for which
public patronage is solicited, except such vehicles as operate on
established routes and regulated as public utilities by the State
of Wisconsin.
A person who operates a taxicab as defined herein.
A.
Application: business.
(1)
Any person wishing to obtain a license to engage in the business of transporting passengers for hire within the Village shall present to the Village Administrator a written application accompanied by payment of the fee or fees established by the Village and by proof of liability insurance coverage as required in § 270-5 of this chapter.
(2)
The application shall state the name and address of the applicant,
the number and type of vehicles proposed to be operated, conviction
record or any pending charges, and such other pertinent information
as the Village may require.
(3)
The Village Administrator shall consider whether or not the applicant
should receive an initial or renewal license to engage in the business
of transporting passengers for hire and shall make a recommendation
to the Board. In considering the application, the Board shall consider
the following:
(a)
The financial capability and responsibility of the applicant.
(b)
The applicant's prior experience in operating public passenger
services.
(c)
The level and quality of service provided by the applicant in
the past in areas in which it has operated.
(d)
The experience and competence of the applicant's drivers.
(e)
The applicant's prior record of compliance with applicable
regulatory laws, ordinances and rules. This includes records of complaints
and enforcement actions against drivers and vehicle owners.
(f)
The applicant's prior record of service complaints.
(g)
The age and condition of the vehicles proposed to be licensed
by the applicant.
(h)
The applicant's safety record, including records of accident
experience and record of employee safety training.
B.
Application: driver. Any person wishing to obtain a public passenger
vehicle driver's permit within the Village shall present a written
application to the Village Administrator, accompanied by the fee established
by the Village. The application shall contain the name and address
of the licensee under whose license the applicant intends to drive
public passenger vehicles, and such other pertinent information as
the Chief of Police may require. Every licensee shall provide to the
Village Administrator with the name and complete identification of
each driver, and shall see to it that each driver arranges with the
Police Department to have her/his photograph taken.
C.
Such permits shall not be granted to any person under the age of
18 years, nor to any person who has been convicted by a court of competent
jurisdiction, or has charges pending against her or him, of any offense
the circumstances of which substantially relate to the circumstances
of taxicab or other public passenger vehicle operation. Such offenses
include, but are not limited to, crimes against persons or property
or driving a vehicle while under the influence of intoxicants or controlled
substances; provided, however, that the Village shall grant a permit
to such convicted person if the conviction is reversed, or if the
person is granted a pardon for the offense in question provided the
applicant is otherwise in compliance with this code.
D.
In determining whether or not the circumstances of a conviction or
a pending charge are substantially related to the circumstances of
taxicab or other public passenger vehicle operation, the Village shall
consider the number of convictions, the nature and seriousness of
the crime or crimes, whether they involved violence, whether they
involved theft or other evidence of lack of trustworthiness with money
or danger to the public, whether the crime involved driving, the age
and maturity of the individual at the time of the conviction, the
amount of time elapsed since the last conviction, and any evidence
of personal rehabilitation.
E.
License denied. No license shall be issued to any person who is delinquent
in payment of any taxes, assessments, claims or forfeitures to the
city.
F.
Due process protection. Any person who is denied the issuance of
an initial or renewal license under this chapter shall be notified
of the right to request a hearing before the Village Board, at which
the person may show cause, if there be any, why the issuance of the
license should not be denied. The licensee shall have 10 days from
the date of the notice to submit a written request for a hearing before
the village board regarding the revocation.
G.
Applicant is responsible for obtaining any applicable state licenses
for operating a taxi service.
A.
The taxicab business license fee shall be $75 per year. The license
year shall begin on January 1 of each year and the last day of the
license year shall be December 31 of that year.
B.
An applicant driver shall pay a license fee of $50 per year provided
that the driver is not the owner/operator of the taxicab business.
The license year shall begin on January 1 of each year and the last
day of the license year shall be December 31 of that year.
A.
No license to operate a taxicab shall be issued unless the owner
shall have filed with the Village Administrator a policy issued by
an insurance company licensed to do business in Wisconsin, providing
insurance coverage for each taxicab in service, with a maximum liability
of $1,000,000. Such policy or policies shall insure the owner against
his legal liability for damage to the property of others, including
baggage, but excluding property of the insured or property hired or
leased by the insured; and for the bodily injury or death of others,
except to employees of the insured engaged in the course of their
employment resulting from the accident or collision, for which the
owner or operator of the vehicle would be liable on account of the
liability imposed upon the owner or operator for any acts of negligence
of the owner, his agents or servants or of any person operating the
vehicle with the permission and consent of the owner.
B.
Such policy shall further provide that it cannot be canceled until
20 days' notice of such cancellation shall have been given by
registered mail to the Village Administrator. The cancellation or
other termination of any insurance policy issued in compliance with
this subsection shall automatically revoke and terminate all licenses
issued for the taxicab covered by such insurance policy, unless another
such policy shall be provided and be in effect at the time of such
cancellation or termination.
C.
The owner of any taxicab, at the time of filing such policy with
the Village Administrator, shall also file a receipted bill from the
insurance company issuing the policy showing that the premium for
one year has been paid in full.
The police department shall inspect the mechanical condition
of each vehicle for which an application for a license is made and
shall make annual inspections of all licensed vehicles prior to the
license year. No vehicle shall be operated, whether licensed or not,
as a taxicab if the police department finds that the mechanical condition
thereof makes it unsafe for the carrying of passengers. Unannounced
inspections may be made by the police department upon a citizen complaint.
A.
Except as otherwise specifically provided in this chapter, all provisions
of Chapter 347 of the Wisconsin statutes and the relevant sections
of the Wisconsin Administrative Code describing and defining regulations
with respect to equipment on motor vehicles shall apply to all inspections.
A Wisconsin Motor Vehicle Department inspection form shall be filled
out for each vehicle inspected. One copy of the inspection report
shall be retained on file at the Village Clerk's office.
The Administrator shall keep a register of the name and operator's
license number of each person owning or operating any vehicle licensed
under this chapter, together with the license number, description
and make, and name and address of the insurance companies and the
date of the expiration of such insurance, and furnish the Chief of
Police with a copy thereof. The records shall be open to public inspection
at all reasonable times.
A.
Licenses granted under this chapter may be suspended or revoked at
any time by the Village Board for violation of any of the provisions
of this chapter.
B.
When a taxicab license is revoked or canceled as herein provided,
the Village Administrator shall immediately notify the owner to cease
at once to operate as a taxicab the vehicle for which the license
has been revoked.
All licenses to operate taxicabs issued to any person as provided
by this chapter shall be suspended automatically for a period of 15
days upon such person, his agents, servants or employees being convicted
of a violation of any of the provisions of this chapter.
Licenses issued or granted under this chapter shall be nonassignable
and nontransferable.
In addition to the revocation or suspension of any license issued under this chapter and any other penalties provided in this chapter, any person who shall violate any provision of this chapter may be subject to a penalty as provided in § 1-15 of this Code.
