[Code 1962 §29-19; CC 1979 §29-37; Ord. No. 865 §1 (29-19), 4-2-1974]
No person shall operate or permit a taxicab owned or controlled
by him/her to be operated as a taxicab for hire upon the streets of
the City without first having obtained a certificate of public convenience
and necessity from the City Council.
[Code 1962 §29-20; CC 1979 §29-38; Ord. No. 865 §1 (29-20), 4-2-1974]
A.
Any person desiring to operate a taxicab in the City, shall make written application for the certificate required by Section 625.150 of this Article to the City Council. Such application shall be verified under oath and shall set forth:
1.
A full identification of the applicant and all persons to be directly
or indirectly interested in the certificate, if granted;
2.
The residence and business address and the citizenship of the applicant
and of all members of any firm or partnership and of all officers
and directors of any corporation applying;
3.
Whether or not the applicant, or any of the persons to be interested
in the certificate, if granted, has been convicted of the violation
of any national, State or municipal law;
4.
Whether or not the applicant, or any person, firm or corporation
with whom he/she has been associated or employed, has unpaid claims
or unsatisfied judgments, against him/her, them or it for damages
resulting from the negligent operation' of a vehicle;
5.
Facts showing the need or demand for the contemplated taxi service;
6.
The past experience, if any, that the applicant has had in rendering
taxicab service and location and period of time that he/she has rendered
such service at each location;
7.
Whether or not any certificate or other permission to operate a taxicab,
as owner or driver, issued to him/her has been revoked, and if so,
the circumstances of such revocation;
8.
The number of taxicabs proposed to be operated;
9.
A description of the taxicabs proposed to be operated and of the
proposed operation;
10.
The color scheme, name and characteristic insignia to be used to
designate the taxicabs of such applicant;
11.
Such information as the City Council may reasonably request.
[Code 1962 §29-21; CC 1979 §29-39; Ord. No. 865 §1(29-21), 4-2-1974]
Upon receipt of the application required by Section 625.150 of this Article, the City Clerk shall within twenty (20) days from the receipt thereof present the application to the City Council at a regular meeting. At least one (1) hearing before the City Council shall be held. Not less than five (5) days notice of such hearing shall be given by the City Clerk, by mail, to the applicant and to all holders of permits, at the addresses shown on their respective applications, and also by causing at least five (5) days notice of such hearing to be published in one (1) newspaper published in the City, the cost of such publication to be paid by applicant.
[Code 1962 §29-22; CC 1979 §29-40; Ord. No. 865 §1 (29-22), 4-2-1974]
A.
The
City Council in determining, pursuant to an application for a certificate
under this Article, whether a public convenience and necessity for
additional taxicabs exists, will consider among other things, the
following:
1.
The resulting effect upon the business of the then existing holders
of certificates.
2.
Whether persons holding certificates for the operation of taxicabs
are, under normal conditions, adequately serving the public;
3.
Whether the requirements of public convenience and necessity can
be adequately met and complied with only by the issuance of additional
certificates.
[Code 1962 §29-23; CC 1979 §29-41; Ord. No. 865 §1 (29-24), 4-2-1974]
A.
It
shall be unlawful to operate a taxicab as defined in this Chapter
or permit the same to be operated, nor shall any certificate be issued
under the provisions of this Article unless the applicant for such
certificate, in addition to all other requirements in this Chapter
shall file and maintain with the City Clerk for each taxicab operated,
either a bond or policy of liability of insurance as follows:
1.
A bond of the applicant with a solvent and responsible surety company,
authorized to do business under the laws of the State, as surety thereon,
acceptable to the City Clerk and approved as to form by the City Attorney,
conditioned that the applicant will pay all final judgments recovered
against such applicant, for injury to, or death of, one (1) person,
by reason of the carelessness and negligence of the driver or operator
of such taxicab, up to the sum of twenty-five thousand dollars ($25,000.00)
and fifty thousand dollars ($50,000.00) and for injury to, or death
of more than one (1) person, resulting from a single accident, by
reason of carelessness or negligence of the driver or operator of
such taxicab, and ten thousand dollars ($10,000.00) for damage to
property, including baggage or other property of a passenger or passengers
carried in or on any such taxicab, resulting from any single accident,
by reason of the carelessness or negligence of any driver or operator
of such taxicab. Such bond shall contain a further provision obligating
the surety company to give twenty (20) days written notice, before
cancellation by the surety of such bond, to the City Clerk. Such certificate
shall expire on the lapse of such bond or termination of the same
by cancellation; unless within twenty (20) days, in case of notice
of cancellation by surety, an applicant shall furnish another bond
in conformity with this Section, acceptable to the City and approved
as to form by the City Attorney;
2.
A policy or certificate of liability insurance issued by a company
authorized and licensed to do an insurance business in the State,
for each taxicab for which a license is sought, acceptable to and
approved by the City Clerk and approved as to form by the City Attorney,
and indemnifying the applicant in the sum of at least ten thousand
dollars ($10,000.00) for injury to, or death of one (1) person by
reason of the carelessness or negligence of the driver or operator
of such taxicab, and twenty thousand dollars ($20,000.00) for injury
to, or death of, more than one (1) person resulting from a single
accident, by reason of the carelessness or negligence of the driver
or operator of such taxicab, and five thousand dollars ($5,000.00)
for damage to property, including baggage or other property of a passenger,
carried in or on such taxicab, resulting from a single accident by
reason of the carelessness or negligence of the driver or operator
of said taxicab. The policy shall further contain a clause obligating
the insurance company to give twenty (20) days written notice to the
City Council before cancellation of the policy. The certificate expires
upon the lapse of such policy or certificate, or termination of the
same by cancellation; unless within twenty (20) days, in case of notice
of cancellation of the insurance company, the holder of the certificate
shall furnish another policy acceptable to the City Council. The bond
or policy of insurance required by this Section shall contain a provision
for continuing liability thereunder to the full amount thereof notwithstanding
any recovery thereon.
B.
If
at any time, in the judgment of the City Council, such bond or policy
is deemed insufficient for any cause, the City Council may require
the owner of a taxicab to replace such bond or policy with another,
to be approved by the City Council.
[Code 1962 §29-22; CC 1979 §29-42; Ord. No. 865 §1 (29-23), 4-2-1974]
If the City Council shall find and declare that public convenience
and necessity requires the granting of a certificate applied for pursuant
to this Article, the City Council shall thereupon, after compliance
by the applicant with all the requirements of this Article direct
the City Clerk to issue such certificate.
[Code 1962 §29-25; CC 1979 §29-43; Ord. No. 865 §1 (29-25), 4-2-1974]
No certificate issued under the provisions of this Article shall
be transferred from one owner to another, except after a finding of
public convenience and necessity, arrived at by the City Council in
the same manner as in the case of an original application. The applicant
for a transfer of a certificate shall file with his/her application
the consent, in writing, of the former owner of such certificate and
shall comply with all the terms and provisions of this Article.
[Code 1962 §29-27; CC 1979 §29-44; Ord. No. 865 §§1(29-26)-1(29-29), 4-2-1974]
A.
Generally — Hearing. The City Council shall have the
power to revoke any certificate issued under this Article after ten
(10) days notice to the person holding such certificate and after
a hearing, if a hearing is requested in writing by the person holding
such certificate:
1.
For the violation of any provision of this Article;
2.
When it has been proven to their satisfaction that the holder of
such certificate has discontinued taxicab operation;
3.
When it has been proven that such person has willfully and persistently
violated any ordinance of the City, or the laws of the United States
or the State.
B.
For Fraud in Obtaining Certificate or License. Whenever
it shall appear upon investigation and hearing by the City Council
that a certificate or license issued under the provisions of this
Article has been obtained by misrepresentation or fraud, the permit
shall be revoked.
C.
Failure to Satisfy Final Judgment. The certificate of any
person shall be forthwith revoked by the City Clerk whenever the City
Clerk shall have received a certificate from any court, or the Clerk
thereof, showing that such person shall have failed to satisfy, within
thirty (30) days, any final judgment upon which execution has been
lawfully issued against such person for damages on account of bodily
injury, including death, or damage to property resulting from the
ownership, maintenance, use or operation of a taxicab.
D.
Effect. The person whose certificate has been revoked under
the provisions of this Section shall forthwith cease to operate taxicabs.
[Code 1962 §29-26; CC 1979 §29-45; Ord. No. 865 §1(29-30), 4-2-1974]
Any certificate issued pursuant to this Article may be amended
by the City Council to increase the number of taxicabs authorized
to be operated thereunder under the same procedure provided for by
this Article for the issuance of any certificates.
