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HomeMy WebLinkAbout1682-86 - ADMIN Ordinance - City Council - 1986/06/168a June 16, 1986 ORDINANCE NO. 1682-86 AN ORDINANCE AMENDING THE ST. LOUIS PARK ORDINANCE CODE RELATED TO TAXICABS: AMENDING SECTIONS 13-1440-1448 and 13-1467; DELETING SECTIONS 13-1440(1), 13-1442(4), 13-1465; ADDING 13-1440(2) THE ST. LOUIS PARK CITY COUNCIL DOES ORDAIN: Sec. 1. The St. Louis Park Ordinance is amended to read as fo lows and as attached: Sections Amended: 13-1440 through 13-1448,and 13-1467. Sections Deleted: 13-1440(1), 13-1442(4) and 13-1465. Sections Added: 13-1440(2). 1 Taxicabs Section 13-1440. Definitions. The following words and phrases when used in this ordinance have the meanings as set out herein: (former (1) deleted by Ord. , 6/16/86) (1) Company License means a license issued by the City Council authorizing the holder thereof to conduct a taxicab business in the City of St. Louis Park. (former (2) renumbered (1) and amended by Ord. 6/16/86) (2) Vehicle License means the license granted by the City Manager for each vehicle operated under a company license. (new (2) added by Ord. 6/16/86) (3) Driver's License means the permission granted by the City Manager to a person employed by a licensed company to drive a taxicab in the City. ((3) amended by Ord. 6/16/86) (4) Holder means a person to whom a company license has been issued. ((4) amended by Ord. 6/16/86) (5) Open Stand means a public place alongside a curb or elsewhere which has been designated by the City Manager as reserved exclusively for the use of taxicabs. (6) Taxicab means a motor vehicle regularly engaged in the business of carrying passengers for hire, having a seating capacity of fewer than 10 persons and not operated on a fixed route. (7) Taximeter means a meter instrument or device attached to a taxicab which measures mechanically the distance driven and the waiting time upon which the fare is based. (8) Waiting Time means the time when a taxicab is not in motion from the time of acceptance of a passenger to the time of discharge, but does not include any time that the taxicab is not in motion if due to any cause other than the request, act or fault of a passenger or passengers. 1 July 1986 531 f Section 13-1441. Company License Required. No person shall permit a taxicab owned or controlled by him to be operated as a vehicle for hire in the City of St. Louis Park without having first obtained a company license from the City Council. (1) Reciprocity. A taxicab licensed in another municipality may carry passengers from where so licensed to a place within St. Louis Park, but owners and drivers of such vehicles shall not be permitted to solicit business in St. Louis Park or otherwise operate on its streets without being licensed under the provisions of this ordinance. (13-1443 amended by Ord.1518, 8/3/81 & Ord. , 6/16/86) Section 13-1442. Application for Company License. An application for a company license shall be filed upon forms provided by the City Clerk; said application shall be verified under oath and shall furnish the following: (13-1442 amended by Ord. , 6/16/86) (1) The name and address of the applicant. (2) The financial status of the applicant, including the amounts of all unpaid judgments against the applicant and the nature of the transaction or acts giving rise to said judgments. (3) The experience' of the applicant in the transportation of passengers. (4) The initial number of vehicles to be operated or controlled by the applicant and the location of proposed open stands. (former (4) deleted by Ord. , 6/16/86) (5) The color scheme or insignia to be used to designate the vehicle or vehicles of the applicant. (6) Such further information as the City Manager may require. (former .5,6, 7 renumbered 4, 5, 6 by Ord. , 6/16/86) Section 13-1443. Public Hearing. Upon filing an application, the Council shall fix a time and place for a public hearing thereon. Notice of such hearing shall be given to the applicant and to all holders of company licenses. Due notice shall also be given the general public by publication in the official newspaper. (13-1443 amended by Ord. , 6/16/86) July 1986 532 Section 13-1444. Issuance of Company License. If the Council finds that the applicant is fit, willing and able to perform such public transportation and to conform to the provisions of this ordinance and the rules promulgated by the City, the Council shall issue a company license stating the name and address of the applicant, the initial number of vehicles authorized under said license and the date of issuance; other- wise the application shall be denied. In making the above findings, the Council shall take into consideration the character, experience and responsibility of the applicant. (13-1444 amended by Ord. 6/Z6/86) (13-1445 repealed by Ord. 1295, 5/5/75) Section 13-1446. License Fees (Company & Vehicle). No company license shall be issued or continued in operation unless the holder thereof has paid an annual license fee of $120. Vehicle license fees shall be $30 for each vehicle operated under a company license. Said license fees shall be for the calendar year and shall be in addition to any other license fees or charges established by proper authority. Applications of licensed companies for additional vehicles shall be approved or denied by the City Manager. (13-1446 amended by Ord. 1356, 12/20/76; 1488, 11/17/80; , 6/16/86) Section 13-1447. Transfer of,Licenses. No license may be sold, assigned, mortgaged or otherwise transferred without the consent of the City Council. (13-1447 amended by Ord. , 6/16/86) Section 13-1448. Suspension and Revocation of Company Licenses. A company license issued under the provisions of this ordinance may be revoked or suspended by the City Manager if the holder thereof has (1) violated any of the provisions of this ordinance, (2) discontinued operations for more than 60 days, (3) violated any ordinances of the City, or the laws of the United States, or the State of Minnesota, the viola- tions of which reflect unfavorably on the fitness of the holder to offer public transportation. Prior to suspension or revocation, the holder shall be given notice of the proposed action to be taken and shall have an opportunity to be heard, and the action of the City Manager reviewed by the City Council. (13-1448 amended by Ord. , 6/16/86) Section 13-1449. Taxicab Driver's License. No person shall operate a taxicab for hire upon the streets of the City without first being employed by the holder of a company license and unless having first obtained and have in force a taxicab driver's license issued under the provisions of this ordinance. (13-1449 amended by Ord. , 6/16/86) July 1986 533 1 i 1 i 1 July 1986 Section 13-1450. implication for Drivers License. An application for a taxicab driver license shall be filed with the City Clerk on forms provided by him; and such application shall be verified under oath and shall contain the following information. (1) The names and addresses of four residents of Hennepin County who have known the applicant for a period of five (5) years and who will vouch for the sobriety, honesty and general good character of the applicant. (2) The experience of the applicant in the transportation of passengers. (3) The educational background of the applicant. (4) The concise history of his employment. Each application shall be accompanied by a certificate from a reputable physician of Hennepin County certifying that in his opinion, the applicant is not afflicted with any disease or infirmity which might make him an unsafe or unsatisfactory driver. At the time the original application is filed the applicant shall payinvestigation fee to the City Treasurer in the sum of thirt -f van e dollars ($35.00), This fee shall not be refundable, Yi (Sec. 13-1450 Amended by Ordinance 1356, December 20, 2976) (Sec. 13-1450 Amended by Ordinance 1488, November 17, 1980) Section 13-1451. Examination of A olicant - Current State Motor Vehicle 0 erator's Permit Re uir , Before passed upon by the City Manager the applicantyshall�benrequired atoy pass a satisfactory examination as to his knowledge of the City and to show that he has a current chauffeur's license issued by the State of Minnesota. Section 13-1452. Police Investi.ation of As'licant - Traffic and Police Record. The The Police Department shall conduct an investigation of each applicant for a taxicab driver's license and a report of such investigation and a copy of the traffic and police record of the applicant, if any, shall be attached to the application for the consideration of the City Manager. Section 13-1453. Consideration of Application. The City Manager shall upon consideration of the application and the reports and certificate required to be attached thereto approved the application. If the application is rejected, theor applicant may request a personal appearance before the City Manager to offer evidence why his application should be considered. 534 Section 13-1454. Issuance of License -Duration -Annual Fee. Upon receipt for a $15 license fee and approval of an application for a taxicab driver's license the City Manager shall issue a license to the applicant which shall bear the name, address, age, signature, and photograph of the applicant. Such license shall be in effect for the remainder of the calendar year. A license for every calendar year thereafter shall be issued upon the payment of $15 unless the license for the preceding year has been revoked. (Sec. 13-1454 amended by Ordinance 1488, November 17, 1980) Section 13-1455. Display of License. Every driver licensed under this ordinance shall post his driver's license in such a place as to be in full view of all passengers while such driver is operating a taxicab. Section 13-1456. Suspension and Revocation of License. The City Manager is hereby given the authority to suspend any driver's license issued under this ordinance for a driver's failing or refusing to comply with the provisions of this ordinance, such suspension to last for a period of not more than thirty days. The City Manager is also given authority to revoke any driver's license for failure to comply with the provisions of this ordinance. However, a license may not be revoked unless the driver has received notice and has had an opportunity to present evidence in his behalf. Section 13-1457. Failure to Comply with City, State and Federal Laws. Every driver licensed under this ordinance shall comply with all City, State and Federal laws. Failure to do so will justify the City Manager suspending or revoking a license. Section 13-1458. Vehicles -- Equipment and Maintenance. (1) Vehicles Must Be Inspected. Prior to the use and operation of any vehicle under the provisions of this ordinance said vehicle shall be thoroughly examined and inspected by the Police Department and found to comply with such reasonable rules and regulations as may be prescribed by the City Manager. These rules and regulations shall be promulgated to provide safe transportation and shall specify such safety equipment and regulatory devices as the City Manager shall deem necessary therefore. When the Police Department finds that a vehicle has July 1986 535 1 r 1 i July 1986 met the standards established by the City Manager, the Department shall issue a certificate to that effect, which shall also state the authorized seating capacity of said vehicle. (2) Periodic Inspections. Every vehicle operating under this ordinance shall be periodically inspected by the Police Department at such intervals as shall be established by the City Manager to ensure the continued maintenance,of safe operating conditions. Vehicles Must Be Kept in a Clean and Sanitary Condition. Every vehicle operating under this ordinance shall be kept in a clean and sanitary condition according to rules and regulations promulgated by the City Manager. Section 13-1459. Designation of Taxicabs. Each taxicab shall bear on the outside of each rear door, in painted letters not less than four inches nor more than eight inches height, the name of the owner, and in addition, may bear—an identifying design approved by the City Manager. No vehicle covered by the terms of this ordinance shall be licensed whose color scheme, identifying design, monogram, or insignia to be used thereon shall, in the opinion of the City Manager conflict with or imitate any color scheme, identifying design, monogram or insignia used on a vehicle or vehicles already operating under the ordinance, in such a manner as to be misleading or tend to deceive or defraud the public; and provided further, that if, after a license has been issued for taxicab hereunder, the color scheme, identifying design, monogram, or insignia thereof is changed so as to be, in the opinion of the City Manager in conflict with or imitate any color scheme, identifying design, monogram, or insignia used by any other person, owner or operator, in such a manner as to be misleading or tend to deceive the public, the license of or certificate covering such taxicab or taxicabs shall be suspended or revoked. (3) Section 13-1460. Taximeter Required. All taxicabs operated under the authority of this ordinance shall be equipped with taximeters fastened in front of the passengers, visible to them at all times day and night; and, after sundown, the face of the taximeter shall be illuminated. Said taximeter shall be operated mechanically by a mechanism of standard design and construction, driven either from the transmission or from one of the front wheels by a flexible and permanently attached driving mechanism. They shall be sealed 536 at all points and connections which, if manipulated, would affect their correct reading and recording. Each taximeter shall have thereon a flap to denote when the vehicle is employed and when it is not employed; and it shall be the duty of the driver to throw the flag of such taximeter into a non -recording position at the termination of each trip. The said taximeters shall be subject to inspection from time to time by the Department of Police. Any inspector or other officer of said department is hereby authorized either on complaint of any person or without such complaint, to inspect any meter and, upon discovery of any inaccuracy therein, to notify the person operating said taxicab to cease operation. Thereupon said taxicab shall be kept off the highways until the taximeter is repaired and in the required working condition. Section 13-1461. Rates of Fare -- Rate Card Required. Every taxicab operated under this ordinance shall have a rate card setting forth the authorized rates of fare displayed in such a place as to be in view of all passengers. Rates charged may not exceed taxicab rates which are lawful in the City of Minneapolis. Section 13-1462. Receipts. The driver of any taxicab shall upon demand by the passenger render to such passenger a receipt for the amount charged, either by a mechanically printed receipt or by a specially prepared receipt on which shall be the name of the owner, license number or motor number, amount of meter reading or charges and date of transaction. Section 13-1463. Refusal of Passenger to Pay Legal Fare. It shall be unlawful for any person to hire any vehicle herein defined with intent to defraud the person from whom it is hired of the value of such service. Section 13-1464. Open Stands -- Establishment -- Use. (1) The City Manager of the City of St. Louis Park is hereby authorized and empowered to establish Open Stands in such place or places upon the streets of the City of St. Louis Park as he deems necessary for the use of taxicabs operated in the City. Said Manager shall not create an open stand without taking into consideration the need for such stands by the companies and the convenience to the general public. The Manager shall prescribe the number of cabs that shall occupy such open stands. The Manager shall not create an open July 1986 537 1 i stand in front of any place of business where the abutting property owners object to the same or where such stand would tend to create a traffic hazard. (2) Open stands shall be used by the different drivers on a first come first served basis. The driver shall pull on to the open stand from the rear and shall advance forward as the cabs ahead pull off. Drivers shall stay within five feet of their cabs; they shall not solicit passengers; or, engage in loud or boisterous talk while at an open stand. Nothing in this ordinance shall be construed as preventing a passenger from boarding the cab of his choice that is parked at open stands. (13-1465 deleted by Ord. , 6/16/86) Section 13-1466. Prohibitions of Other Vehicles. Private or other vehicles for hire shall not at any time occupy the space upon the streets that has been established as either open stands or call box stands. Section 13-1467. Taxicab Service. All persons engaged in the taxicab business in the City of St. Louis Park operating under the provisions of this ordinance shall render an over-all service to the public desiring to use taxicabs. Holders of company licenses shall maintain a central place of business and keep the same open twenty-four hours a day for the purpose of receiving calls and dispatching cabs. They shall answer all calls received by them for services inside the corporate limits of St. Louis Park as soon as they can do so and if said service cannot be rendered within a reasonable time they shall then notify the prospective passengers how long it will be before the said call can be answered and give the reason therefor. Any- holder who shall refuse to accept a call anywhere in the corporate limits of St. Louis Park at any time when such holder has available cabs; or who shall fail or refuse to give over-all service, shall be deemed a violator of this ordinance. (13-1467 amended by Ord. , 6/16/86) (former Pages 539 & 540 deleted due to 1986 overhaul of taxi ord.) July 1986 538 Sec. 2. Effective Date. This ordinance shall take effect 15 days after its publication (July 8, 1986). Adopted by the City Council June 16, 1986. C ty C er Reviewed for administration: ity Manager Approved as to form and legality: City Attorney Minnesota Suburban Newspapers, Inc. AFFIDAVIT OF PUBLICATION IIISTATE OF MINNESOTA) ss COUNTY OF HENNEPIN) Donald K. Mortenson , being duly sworn on an oath says that he/she is the publisher or authorized agent and employee of the publisher of the newspaper known as St. Louis Park Sailor , and has full knowledge of the facts which are stated below (A) The newspaper has complied with all of the requirements constituting qualification as a qualified newspaper, as provided by Minnesota Statute 331A 02, 331A 07, and other applicable laws, as amended (B) The printed Ordinance No . 1 682-86 which is attached was cut from the columns of said newspaper, and was printed and published once each week, for one successive weeks, it was first published on Monday the 2 3 day of June 19_ and was thereafter printed and published on every to ,and including the day of 19—, and printed below is a copy of the lower case alphabet from A to Z, both inclusive, which is hereby acknowledged as being the size and kind of type used in the composition and publication of the notice Atdi fghi)kimnopgr.u. W.. Subscribed and sworn to before me on this day of Jul 19_1_36 Not • MERIDEL M. HEDBLOM LVOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY My commission expires July 2, 1986 BY tION"104 _1410L1110 -1-N. TITLE J Operations Manager RATE INFORMATION (1) Lowest classified rate paid by commercial users $ 210 per line for comparable space (Line, word, or inch rate) (2) Maximum rate allowed by law for the above matter (3) Rate actually charged for the above matter $ 365¢ per line (Line, word, or inch rate) $ 35¢ per line (Line, word, or inch rate) r (Official Publication) Summary ORDINANCE NO 1682-86 AN ORDINANCE AMENDING THE ST LOUIS PARK ORDINANCE CODE RELATED TO TAXICABS AMENIING SECTIONS 13-1440-1448 and 13-1467, DELETING SECTIONS 13-1440(1), 13-1442(4), 13-1465, ADDING SECTION 13-1440(2) Summary This ordinance amend- ment removes the requirement that the City Council specify the number of cabs a company may operate when initially appproving the company license It oiso-removes certain out- { dated language, '- EffectiveDater This ordinance I shall take effect 15 days after publi- cation Adopted by the City Council June 16 1986 (s) LYLE W HANKS Mayor (The full text of this ordinance is available for inspection with the City Clerk ) (June 231986) -SLP _!,�