[CC 1961 §36.01; Ord. No. 865, 10-1-1956]
A.
Definition. Any motor vehicle performing a bona fide for
hire taxicab service having a capacity of not more than five (5) passengers,
exclusive of the driver, and not operated on a regular route or between
fixed termini.
B.
No
person shall engage in the taxicab business in the City without first
obtaining a license so to do. Such license shall be issued after the
application therefor has been approved and the requisite fee paid
as hereinafter prescribed, and after all provisions of this Chapter
pertaining to the obtaining or issuing of the license have been complied
with.
C.
Application
for a license to engage in the business of operating a taxicab or
taxicabs shall be filed with the Director of Finance and referred
to the Council for consideration and action. The application shall
be in writing, verified by the affidavit of the applicant; or, if
the applicant is a corporation or partnership, by its duly authorized
officer or agent. The application shall state the following facts:
1.
The full name and address of the applicant; if a partnership, the
names and addresses of all the partners; if a corporation, the names
and addresses of all the officers and directors thereof.
2.
The name and address of the owner or owners of the vehicles proposed
to be operated.
3.
A statement of the previous experience the applicant has had, or
if the applicant be a partnership, the partners thereof have had,
or if the applicant be a corporation, the officers and directors have
had, in the taxicab business.
4.
The number of taxicabs the applicant desires to operate within the
City.
5.
The seating capacity of each vehicle proposed to be used as a taxicab
according to the manufacturer's rating, which must be not less than
three (3) in the tonneau thereof.
6.
The type of motor car to be used, horsepower, name of manufacturer,
the length of time such vehicle has been in use, the insurance proposed
to be carried, the amount of same and the name of the company issuing
the policy.
7.
The color scheme of the taxicab or taxicabs proposed to be used.
8.
The application shall be accompanied by a certificate of inspection
from the Chief of Police who shall inspect all taxicabs to be operated
in the City of Berkeley as herein provided.
D.
No
license is required of taxicabs carrying fares from any other incorporated
municipality into the City of Berkeley so long as no fares are picked
up in the City for transportation by taxicab.
[CC 1961 §36.02; Ord. No. 865, 10-1-1956]
The Council may approve any taxicab license application and
order a license issued or refused to do so, as it may deem proper.
In determining whether such application shall be approved and the
license issued, or otherwise, the Council shall take into consideration
whether the demands of the public required such proposed or additional
taxicab service within the City of Berkeley, the financial responsibility
of the applicant, the number, kind and type of equipment and the color
scheme proposed to be used, the increased traffic congestion and the
demand for increased parking space upon the streets of the City, which
may result, and whether the safe use of the streets by the public,
both vehicular and pedestrian, will be preserved by the granting of
such license, and such other relevant factors as the Council may deem
advisable or necessary.
[CC 1961 §36.03; Ord. No. 865, 10-1-1956]
If the Council approves the application and authorizes the issuance
of the license applied for, the Director of Finance shall, after payment
by the applicant of the fee prescribed therefor, issue such license
to the applicant. If the Council refuses to approve that application,
the Director of Finance shall make a memorandum to that effect thereupon
and notify the applicant that his/her application has been disapproved.
[CC 1961 §36.04; Ord. No. 1541 §1, 11-1-1965]
Any person or company operating a taxicab within the City of
Berkeley shall file with the Director of Public Works and the Police
Department the number of cabs to be operated from a cab stand or stands
within the City of Berkeley. Such information shall be furnished at
the time application is made for a new license or renewal. Only this
number of cabs can be operated within the City during that calendar
year, and the annual license and inspection fee for each taxicab so
listed above is thirty dollars ($30.00).
[CC 1961 §36.05; Ord. No. 865, 10-1-1956]
Licenses shall be conspicuously posted in the driver's compartment
of the taxicab for which it was issued.
[CC 1961 §36.06; Ord. No. 865, 10-1-1956]
Every applicant for a license to operate a taxicab and the owner
of the taxicab, in addition to the requirements herein mentioned,
shall maintain and carry for each taxicab licensed to be operated
liability insurance in the sum of twenty-five thousand dollars ($25,000.00)
for any one (1) person, and the sum of fifty thousand ($50,000.00)
for any two (2) or more persons who may be injured in any one (1)
accident, and ten thousand dollars ($10,000.00) for any property damage,
at any time by reason of the carelessness of the driver or operator
of such taxicab. The insurance shall be carried in a firm or corporation
which has been duly licensed or permitted to carry on such business
in the State of Missouri, and shall be kept and maintained continuously
in force and effect so long as such applicant and owner of such taxicab
is licensed. The policy shall include five thousand dollars ($5,000.00)
medical payments for occupants of the taxicab and other vehicles.
A verified copy of the insurance policy shall be filed with the Director
of Finance, with the certificate of the insurer that the policy is
in full force and effect. In lieu of such insurance policy, an operator
may deposit with the Director of Finance a corporate surety bond in
the sum of twenty thousand dollars ($20,000.00), conditioned that
he/she will pay any judgment recovered by any person or persons injured
in any accident at any time, or pay any property damage resulting
from such an accident caused by the carelessness of the driver or
operator of such taxicab. In the event any insurance policy lapses
and is not immediately renewed, or any bond terminates and a new one
in lieu thereof is not deposited, the operator's license shall immediately
become void.
[CC 1961 §36.07; Ord. No. 865, 10-1-1956]
Every taxicab licensed or authorized to do business within the
City shall be equipped with a fare register or taximeter, which shall
indicate the distance traveled and the fare charged therefor, either
in a manner which may be made visible to the passengers or by a printed
receipt containing such information. Every taxicab shall have printed
on the outside of one (1) door on each side of the taxicab, in letters
at least two and one-half (2½) inches high, the initial fare
rate per mile or fraction thereof, and the fare rate for each fraction
of a mile thereafter, and the additional charge for extra passengers,
if any. It shall be unlawful to charge any greater amount than that
indicated by the taximeter or fare register, or than indicated by
the printing on the outside of the taxicab.
[CC 1961 §36.08; Ord. No. 1400 §1, 1-21-1963; Ord. No. 1411 §1, 3-18-1963]
A.
Every
person before driving or operating a taxicab must first make application
to the Director of Finance for a license and at the same time present
his/her chauffeur's license to the Chief of Police. He/she shall furnish
such information that is required from him/her and furnish two (2)
recent photographs of himself/herself, one (1) of which shall be attached
to the license and the other to remain on file with the Director of
Finance. The said license shall expire on December thirty-first (31st)
after date of issuance. The said license, after issuance shall be
posted in the taxicab being operated by the said driver in such a
manner that it can be easily seen both day and night by passengers
in the rear seat. The license fee shall be one dollar ($1.00).
B.
The
Chief of Police shall adopt such regulations not inconsistent with
the provisions of this Chapter for the qualifications of drivers or
operators as may be reasonable and as well best conserve the interest
of the City and the safety of the general public. It shall be unlawful
for any person to fail, neglect or refuse to comply with such regulations.
[CC 1961 §36.09; Ord. No. 1400 §1, 1-21-1963; Ord. No. 1541 §1, 11-1-1965]
The Chief of Police or a qualified person appointed by him/her
shall inspect all taxicabs to ascertain that they are in a safe condition
and are of good appearance. Such inspection shall be made annually
of all the taxicabs owned or operated by persons securing a license
as provided by this Chapter and thereafter from time to time, or at
the complaint of any person, as often as necessary. The Chief of Police
may forbid the use of any vehicle found to be unfit. He/she shall
also examine the taximeter attached to any taxicab to see if it is
accurate. There shall be paid to the City the sum of five dollars
($5.00) for each cab owned by any licensee hereunder for an annual
inspection fee. This fee is in addition to any other fee required
herein.
[CC 1961 §36.10; Ord. No. 865, 10-1-1956]
No person licensed to operate taxicabs may discontinue any of
them without first filing with the Council a statement verified by
affidavit of the number of vehicles he/she desires to discontinue
operating and the reasons therefor. The withdrawal of any vehicle
from operation for the purpose of conditioning, overhauling or repairing
the same shall not be considered discontinued operation under this
Section. Upon complete abandonment of taxicab service for a period
of thirty (30) days, the Council may recall or revoke the license
issued to such operator. The Council may authorize the transfer of
a taxicab license from one (1) vehicle to another after endorsement
on the original license of the reason for such transfer.
[CC 1961 §36.11; Ord. No. 865, 10-1-1956]
The Director of Public Works may designate taxi stands for taxicabs
and no taxicab shall stand on any public street or place except at
such stand or place. While a taxicab is on a public street or place,
passengers shall be solicited by no other means than by having a printed
sign on the vehicle stating the same is for hire and the rate of fare.
No driver shall seek employment by repeatedly and persistently driving
his/her taxicab in a short space; but the driver may solicit employment
by driving through any public street or place without stops other
than those due to traffic, may pass and repass before any theater,
hall, hotel, restaurant, place of amusement or public resort, if after
passing any such place he/she does not repass the same until he/she
has gone a distance of at least four (4) blocks upon the streets of
the City. Five (5) passengers is the maximum load that may be carried
in a taxicab.
[CC 1961 §36.12; Ord. No. 865, 10-1-1956]
The Council may revoke any license granted under this Chapter
after first having granted the driver or owner or operator a hearing
on the question of whether or not the license should be revoked. Upon
revocation of any license, no portion of the license fee shall be
refunded.
