[HISTORY: Adopted by the Common Council of the City of Muskego at time of adoption of Code (see Ch. 1, General Provisions, Art. II). Amendments noted where applicable.]
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section:
- Repeatedly and persistently canvassing the streets, or loitering upon said streets in such a manner as to interfere with the orderly movement of traffic or orderly ingress and egress to public and private buildings.
- A category of for-hire, unmetered, unmarked, chauffeur-driven, ground transportation vehicles solely engaged in the business of carrying passengers on a pre-reserved or contract service basis only.
- TRANSPORTATION NETWORK COMPANY
- A business that, for compensation, uses a digital network to connect passengers to participating drivers for the purpose of providing transportation network services to those passengers. "Transportation network company" does not include a taxicab, limousine, shuttle, or other for-hire vehicle service.
- PUBLIC PASSENGER VEHICLE
- A vehicle which is used for the transportation of passengers for hire.
- PUBLIC PASSENGER VEHICLE DRIVER
- A person who operates a taxicab, limousine or other public passenger vehicle.
- A motor vehicle regularly engaged in the business of carrying passengers for hire, not operated on a fixed route, and equipped with a taximeter or similar device by which the fare is mechanically calculated on the basis of distance traveled or waiting time.
- A device by which the charge for hire of a taxicab is calculated, either for distance traveled or for waiting time, or for both, and upon which such charge is indicated by means of numbers.
Generally. No person, firm or corporation shall engage in the business of operating taxicabs, limousines or other public passenger vehicles for transportation of persons for hire, if his or its business is located within the City of Muskego, or the taxicabs, limousines or other vehicles for hire are kept in the City, without having a valid license from the City of Muskego for each taxicab, limousine or vehicle operated. This section shall not prevent vehicles transporting passengers for remuneration outside the City from transporting passengers from outside of the City to a destination within the City, without a license, but it shall prohibit all such vehicles from publicly soliciting patronage within the City without a license.
Approval. Applications for licenses for operation of taxicabs and other public passenger vehicles under this chapter shall be approved by the Police Chief or his designee before a license is issued. The applicant shall furnish proof that public convenience and necessity require licensing. The applicant shall also file with the application the number of vehicles to be operated under the license, and the data shall be filed with the Clerk-Treasurer. If an applicant desires to add vehicles or to make a change in the vehicle operated under the license, he shall make and file any additions or substitutions with the Clerk-Treasurer.
Application. Application for license to operate public passenger vehicles, taxicabs or automobiles for hire upon the streets of the City shall be made by the owner of the public passenger vehicle, taxicab or automobile upon a form to be furnished by the Clerk-Treasurer, and such application shall contain the full name, address, and date of birth of the applicant and the make, model and vehicle identification number of the vehicle or vehicles the applicant proposes to operate and their state license numbers. The applicant shall further list the insurance company carrying the insurance, the policy numbers or number, and the amount of the insurance carried. The Police Department shall conduct a criminal background check of all applicants, both new and renewal. The fee for such police report shall be as from time to time established by resolution. After the Police Department has conducted a background check and has recommended that a license be granted, the license application shall be forwarded to the Clerk-Treasurer. Upon payment of the license fee, as from time to time as established by resolution, the license shall be issued by the Clerk-Treasurer.
Term of license; fee. The license shall annually expire on December 31, and the fee for the privilege of engaging in the taxicab business shall be as from time to time established by resolution.
No taxicab license shall be issued until the applicant deposits with the Clerk-Treasurer a policy of liability insurance covering all vehicles to be included under the license. Such policy shall describe each vehicle by make, model and vehicle identification number, number of passengers capable of being accommodated therein at one time, and the number of the state motor vehicle license. Such insurance policy shall be issued by a company licensed to do business in the state and shall insure the licensee against loss from liability to the amount of $1,000,000 for the injury or death of one person in any one accident, and in the amount of $2,000,000 for the injury or death of more than one person in any one accident, and in the amount of $500,000 for damage to property of others for any one accident due to the negligent operation of such vehicle.
The policy of insurance shall be approved by the City Attorney as to legal form before it is filed and shall contain a separate endorsement that the same may not be canceled before the expiration of its term, except upon 10 days' written notice to the City.
The cancellation or other termination of any insurance policy issued in compliance with this section shall automatically revoke and terminate all licenses issued for the vehicles covered by such insurance policy, unless another policy shall have been filed and approved pursuant to this section and shall be in effect at the time of such cancellation or termination. Every day upon which any vehicle is operated for the conveyance of passengers for hire or when a taxicab or cab or similar transportation is offered to the public without an insurance policy as required herein being in effect and on file with the Clerk-Treasurer shall be deemed a separate violation.
No person shall operate any public taxicab, limousine, or public passenger vehicle in the City which is mechanically unsafe, particularly in respect to brakes, steering apparatus and tires. Any failed inspection shall result in the suspension of the taxicab's or taxicab driver's license until such defects are in legal working order as required by the Wisconsin Motor Vehicle Code. See Ch. 347, Wis. Stats.
Any officer of the Muskego Police Department may inspect or cause to be inspected any taxicab, limousine or public passenger vehicle to determine whether it is safe for public hire. The City may inspect or order the inspection from a reputable automobile repair dealership so often as necessary to the enforcement of the provisions of this section.
Refusal to allow inspection shall be cause for suspension of the taxicab's or taxicab driver's license.
Licenses nontransferable. Licenses issued or granted under this chapter shall be nonassignable and nontransferable.
Information card to be displayed. A card containing the name and photograph of the owner, license number, the number of the vehicle and rates of fare printed thereon shall be placed and at all times kept in a conspicuous place inside such vehicle.
Liability of licensee. Any licensee shall be liable for any violations of ordinances or statutes by any and all persons operating taxicabs under its license.
Number of passengers. No licensee or person driving a taxicab shall carry or permit to be carried in any such vehicle more than the number of persons specified in the license applicable to such vehicle.
Posting rates. Any person operating a taxicab shall, at all times, prominently post and display in the taxicab, so they are visible to the passengers therein, the rates of fares for the use of the cab.
Marking. Every taxicab shall be distinctly marked on two sides, in letters not less than 1 1/2 inches in height, with the word "Taxicab" together with the licensee's name.
Convictions. A public passenger vehicle driver may not have more than three convictions for violations of traffic laws or ordinances within any six-month period.
Further restrictions. Any licensee hereunder shall be subject to such further regulations and restrictions as may be imposed at any time by the Common Council or Finance Committee.
This chapter shall not apply to persons, firms or corporations engaged in the business of carrying passengers for hire both interstate and intrastate between regularly established points and on regularly established time schedules, nor to the operator of a motor vehicle engaged in the business of transporting school students for hire.
This chapter shall not apply to transportation network companies.
No person shall drive a taxicab unless he has secured a license therefor as provided in this chapter, in addition to the state chauffeur's license. The annual fee for a taxicab driver's license shall be as from time to time established by resolution. No such license shall be issued to any person who is not competent to operate a motor vehicle or who is not familiar with the traffic laws and ordinances. The Police Department shall conduct a criminal background check of all applicants, both new and renewal. The fee for such police report shall be as from time to time established by resolution. After the Police Department has conducted a background check and has recommended that a license be granted, the license application shall be forwarded to the Clerk-Treasurer. Upon payment of the license fee, as from time to time as established by resolution, the license shall be issued by the Clerk-Treasurer. The Finance Committee may revoke any taxicab driver's license for repeated violations of traffic laws or ordinances, for failure of the licensee to maintain motor vehicle equipment as required by Ch. 347, Wis. Stats., or for conduct which is prejudicial to the public safety, welfare, morals or good order of the community.
No person who has been transported by a taxicab shall refuse to pay the fare for such transportation as such fare is shown on the taximeter or zone meter, or as is stated on the rate card posted in the taxicab.
Suspension or revocation. Licenses granted under this chapter may be suspended or revoked at any time by the Finance Committee of the City of Muskego after providing the licensee notice of an opportunity to be heard before the Finance Committee for any violation of this chapter. When a taxicab license is revoked or canceled as herein provided, the City shall immediately notify the owner to cease at once to operate the vehicle for which the license has been revoked as a taxicab.
Appeals. Any person who receives a revocation of license and objects to all or part thereof may appeal to the Common Council within seven days of the receipt of the order, and the Common Council shall hear such appeal within 30 days of receipt of such written notice of the appeal. After such hearing, the Common Council may reverse, affirm or modify the order or determination.
Duty to render service. No person holding a taxicab license shall fail or refuse to render service to an orderly person requesting service, provided that this requirement shall not apply when the requested service would be in violation of law, nor when mechanical failure, impassable roads or barriers, strike or act of God prevents the rendition of such service, nor when the prospective passenger is requested to tender and pay the fare in advance and fails to do so.
No cruising. No public passenger vehicle driver shall engage in the practice of cruising.
No pickups after initial load. No public passenger vehicle driver, after the vehicle has been hired by a passenger, or passengers traveling together, shall pick up other persons along the route of destination. No such driver shall solicit the permission of the passenger or passengers first hiring the taxicab to pick up other persons.
Cleanliness. All public passenger vehicles shall be kept in reasonably clean and sanitary condition.
Must comply with City and state laws. Each public passenger vehicle driver licensed under this chapter must comply with all City, state and federal laws. Failure to do so shall be cause for suspension or revocation of license.
Any person who violates any provisions of this chapter or who shall fail to obtain a license as required hereunder shall be subject to penalty as provided in § 1-4 of this Code.