[Ord. No. 948 §1, 8-14-1984]
As used in this Chapter, the following words and phrases shall have the meanings set out herein:
- The person designated by the Board of Aldermen as the Administrator of taxicabs and commercial vehicles for hire.
- DRIVER'S CERTIFICATE
- Authorization to operate vehicles in the services authorized hereunder.
- An official document issued by the City authorizing operation of a licensed sight-seeing vehicle on the streets of Smithville.
- SIGHT-SEEING VEHICLE
- A public passenger vehicle with driver furnished, for hire on regularly routed sight-seeing tours at a charge or fare per passenger or per hour fixed by agreement in advance, provided further that such sight-seeing vehicles are:
[Ord. No. 948 §2, 8-14-1984; Ord. No. 2935-15, 10-20-2015]
No person shall engage in the operation of sight-seeing vehicles for hire without having first obtained a permit therefor from the Board of Aldermen, an occupational license from the City Administrator, or designated representative, and meeting all the requirements of this Chapter.
[Ord. No. 948 §3, 8-14-1984]
Any person desiring to operate one or more sight-seeing vehicles in the City shall make written application for such permits or the renewal thereof to the Administrator, which application shall be verified under oath and shall set forth the following:
A full identification of the applicant and all persons interested in the permit, if granted, including the residence and business address of the applicant, and of all members of any firm, association or partnership, and of all principal shareholders, officers, directors and managers of any corporation applying;
Whether or not the applicant, or any person listed in (1) above, has been convicted of the violation of any Federal or State felony law or, within the previous twelve (12) months, has been convicted of violating any provision of this Chapter, or has ever had a certificate or permit issued hereunder revoked or suspended;
Whether or not the applicant or any person listed in (1) above has unpaid claims or unsatisfied judgments against him or it for damages resulting from the negligent operation of a vehicle;
The past experience, if any, that the applicant has had in rendering such licensed service in the City, and the period of time the applicant has rendered such service;
Whether or not any such permit issued to the applicant by any other City has been revoked, and if so, the circumstances of such revocation;
The number of vehicles proposed to be operated and a complete identification of each, and a description of the proposed operations, including a schedule of proposed fares;
Such evidence and information of any kind tending to demonstrate that the permit(s) being sought will be utilized in the applicant's business conducted in accordance with the provisions of this Chapter; and
Such further information as the Administrator may reasonably require.
[Ord. No. 948 §4, 8-14-1984]
No person shall drive a sight-seeing vehicle upon the streets of the City and no person who owns or controls such vehicle shall give permission for it to be so driven, and no vehicle authorized by the City hereunder shall be so driven at any time for hire, unless the driver of said vehicle shall have then in force a driver's certificate issued under the provisions of this Chapter.
[Ord. No. 948 §5, 8-14-1984]
Filing. Every person desiring to drive a sight-seeing vehicle on the streets of the City shall file with the Administrator a written application for a certificate to be known as a "driver's certificate."
Contents. The application for a driver's certificate shall be made upon a printed form to be provided by the Administrator and shall have printed thereon such questions as will, in addition to the requirements specified in Section 635.060, elicit from the applicant his name, age, residence, color, height, color of eyes and hair, nationality, place of birth, length of time he has resided in the City, whether a citizen of the United State, whether he has ever been convicted of a violation of a Federal or State law or a City ordinance, whether he has previously been authorized by any City or State as a taxicab, livery or sight-seeing vehicle driver, and if so, where and whether such authority was ever revoked, and if so revoked, the cause thereof, and such other information as may be deemed proper.
[Ord. No. 948 §6, 8-14-1984]
Every applicant for a driver's certificate shall:
Be eighteen (18) years of age, or older.
Be of sound physique, have good eyesight and hearing and not subject to epilepsy, vertigo, heart trouble or any other infirmity of mind or body which might render him unfit to driver and operate a taxicab safely on the streets of the City.
Be able to read and write the English language.
Be clean and neat in dress and person, and not addicted to the use of intoxicating liquor or drugs.
Be a person of good moral character and demonstrate an acceptable motor vehicle driving recOrd. Every applicant shall submit with his application a copy of his Missouri operating record, obtainable from the Police Department.
The driver's certificate provided for herein shall not be issued to any person who is not at such time a registered chauffeur under the laws of the State or who has not made application for such registration. In addition to the other requirements of this Chapter, each applicant shall obtain a certificate of registration as provided by Chapter 302, RSMo., and shall submit said certificate or registration or a receipt therefor to the Administrator for examination and inspection. The number on said certificate of registration or receipt therefor shall be placed on the application for certificate under this Chapter.
Present written certification of their ability to safely drive horse drawn vehicles under urban street traffic conditions issued by a recognized trainer or persons for such operations.
[Ord. No. 948 §7, 8-14-1984]
The driver's certificate provided for herein shall not be issued or renewed until the fee for such certificate shall have been paid. The driver's certificate fee shall be nine dollars ($9.00) each, per year.
[Ord. No. 948 §8, 8-14-1984]
After completing its examination and investigation of the applicant, the Police Department may submit to the Administrator a report on the applicant. Thereupon the Administrator shall determine whether a driver's certificate shall be granted to the applicant. Such certificate shall bear the genuine signature of the applicant.
[Ord. No. 948 §9, 8-14-1984]
All driver's certificates shall expire one (1) year from the date of issuance.
[Ord. No. 948 §10, 8-14-1984]
Required. It shall be unlawful to operate sight-seeing vehicle, as defined in this Chapter, or permit the same to be operated, nor shall any permit be issued hereunder, unless and until the applicant for such permit, in addition to all other requirements set forth in this Chapter, shall file and maintain with the Administrator, for each vehicle to be operated, a policy of liability insurance in accordance with this Section. Failure or lapse of compliance with the requirements of this Section shall result in the automatic expiration of the permit.
Requirements of Liability Insurance Policy — Amount, Conditions. The policy or certificate of liability insurance required by Subsection (A) shall be issued by a company authorized and licensed to do an insurance business in the State, for each sight-seeing vehicle for which a permit is sought, acceptable to and approved by the City Attorney. Said insurance shall indemnify the applicant or permit holder in the sum of at least two hundred fifty thousand dollars ($250,000) combined single limit with a deductible, if any, not to exceed five hundred dollars ($500.00) per occurrence for bodily injury or death and property damage, by reason of the carelessness or negligence of the driver or operator of such vehicle. The said policy shall further contain a clause obligating the insurance company to give ten (10) days' written notice to the Administrator before cancellation of the said policy. The permit shall be automatically suspended for any period that the required insurance is not maintained in force upon the lapse of said policy or certificate, or termination of the same by cancellation, unless within said ten (10) days, in case of notice of cancellation by the insurance company, the permit holder shall furnish another policy acceptable to the Administrator.
Continuing Liability under Insurance; Insufficient Policy. The policy of insurance shall contain a provision for continuing liability thereunder to the full amount thereof, notwithstanding any recovery thereon. If, at any time, in the judgement of the Administrator, such policy is deemed insufficient for any cause, the Administrator may require the permit holder to replace such policy with another, to be approved by the Administrator.
[Ord. No. 948 §11, 8-14-1984]
A sight-seeing vehicle shall not cruise in search of patronage and shall not be used for point-to-point transportation of passengers or goods. All sight-seeing vehicles shall be returned to their regular place of garage or point of origin of the regularly scheduled tour between hires. The routes or areas of operation and hours thereof of non-motorized sight-seeing vehicles must be approved in advance by the Administrator.
Duty to Maintain Proper Care of Animals Used for Non-motorized Sight-Seeing Vehicles.
Before any animal is brought into service by the permit holder, the permit holder shall have it examined by a licensed veterinarian who specializes in equine medicine who shall certify in writing that the animal is suited for the use intended by the permit holder. Such certification shall identify the animal by the number provided for in Subsection (A) preceding, by name and by physical description, and such certification shall specify the approximate hour of the day for and the specific minimum duration of mandatory rest periods, feeding and watering schedules and work-load limits stated in terms of adult passengers (for the purposes of this Section adult passengers shall include children, except infants carried by their parents, who shall not be counted for the purpose of calculating load limits) for each type of carriage the animal will be required to pull, the permissible duration of the work day for each such animal stated in hours, and such other standards and requirements, taking into account such things as temperature extremes and terrain, as shall, in his or her professional judgement, be necessary to ensure the animal's well-being. Each animal used by the permit holder shall be re-examined at least every six (6) months by a licensed veterinarian specializing in equine medicine and approved for service in accordance with the aforesaid standards established for that animal, or in accordance with new standards as may be found necessary upon examination to ensure the animal's well-being. A copy of all such certificates, reports and approvals shall be filed with the Administrator by the permit holder.
The Administrator and the animal control supervisor and their investigators and enforcement officers shall have the right to inspect the records of the permit holder at all times. They shall also have the right to require the permit holder or any driver of a horse drawn sight-seeing vehicle to remove from service any animal which is sick, overtired, undernourished, overloaded, injured or lame, in the opinion of a licensed veterinarian who specializes in equine medicine, or in the opinion of any such investigator or enforcement officer when, in the opinion of such investigator or officer, such an emergency exists that the animal's life or health is threatened.
Cleanliness. All sight-seeing vehicles drawn by horses or some other animal shall have the animals so equipped as to prevent the depositing of fecal material upon the streets, curbs, walks, and gutters of the City. If the Administrator determines that such precautions are inadequate to ensure the cleanliness of City facilities, he may require the permit holder to provide cleaning services at the permit holder's expense.
In addition to other penalties provided in this Chapter, repeated violations of this Section shall constitute evidence of the permit holder's inability to conduct business in accordance with the requirements of this Chapter for purposes of revocation or renewal of permits required by this Chapter.