CHAPTER 769

Taxicabs

769.01 Definitions.
769.02 Certificate of necessity and license required.
769.03 Certificate of necessity.
769.04 Public hearing on application.
769.05 Issuance of certificate of necessity.
769.06 Application for license.
769.07 Inspection of taxicabs.
769.08 Insurance required.
769.09 Issuance of license; license card.
769.10 Fees for license.
769.11 Suspension or revocation of license; appeal.
769.12 Driver's license required.
769.13 Renewal of driver's license.
769.14 Taximeters.
769.15 Rate of fare.
769.16 Taxicab stands.
769.17 Employment of unlicensed drivers.
769.18 Right of appeal.
769.19 Appeal procedure.
769.99 Penalty.

CROSS REFERENCES

Power to regulate taxicab rates - see Ohio R.C. 715.25
Taxicab stands - see Ohio R.C. 715.25(A)
Authority to license taxicab operators - see Ohio R.C. 715.22(A), (B)
Operation of motor vehicles - see TRAF. 331.01 et seq.
Licensing vehicles - see TRAF. 335.01 et seq.
Taxicab stands - see TRAF. 351.10


769.01 DEFINITIONS.
As used in this chapter:

(a) "Public vehicle" means every vehicle for the common carriage and conveyance of passengers for hire, except motor buses and motor vehicles used solely for funerals, weddings and christenings.

(b) "Taxicab" means every public vehicle equipped with or without a taximeter, used for the transportation for hire of not more than five passengers at any one time, for which public patronage is solicited in whole or in part upon the streets or in quasipublic places.

(c) "Taximeter" means any mechanical device or instrument by which the charge for hire of a taxicab is mechanically calculated, and on which the charge to be made to a passenger is plainly indicated by means of figures.

(d) "Automobile for hire" means every public vehicle which does not seek its business on the public streets and which is driven and in charge of the owner or his agent.

(e) "Director" means the Director of Public Safety.

(f) "Owner" means any person who has control, direction of operation, maintenance or the benefit of the collection of revenue, derived from the operation of a public vehicle on or over the streets of the City, whether as owner, licensee, bailee or otherwise, except a driver as hereinafter defined.

(g) "Driver" means every person actually in charge of the operation as the chauffeur of a public vehicle, whether as owner, agent, servant or employee of the owner.

(h) "Taxicab stand" means those portions of the street set aside and designated by the Director of Public Safety for the parking of taxicabs waiting and seeking employment.
(Ord. 2398. Passed 10-19-57.)


769.02 CERTIFICATE OF NECESSITY AND LICENSE REQUIRED.
No owner shall operate a public vehicle within or from the City unless he is the holder of a certificate of necessity and a license to operate issued pursuant to the provisions of this chapter.
(Ord. 2398. Passed 10-19-57.)


769.03 CERTIFICATE OF NECESSITY.
Any person desiring a certificate of necessity shall file with the Director of Public Safety a written application therefor, on a form to be provided by the City. The application shall be in affidavit form and contain the following information:

(a) The full name, age and residence of the applicant, and, if the applicant is a partnership, the full name, age and residence of each of the partners, and, if a corporation, the full name of the corporation together with the full names of its principal officers;

(b) The name under which the applicant will do business;

(c) The type of vehicle which is proposed to be used in the service, with information as to age, carrying capacity and motor power of the same, as well as the color scheme and local symbols to be used together with all other lettering or marks proposed to be used by the applicant on the vehicle;

(d) The number of vehicles proposed to be used, the rate of fare to be charged and the method of charging;

(e) A statement that the applicant is capable of and will carry liability insurance or bond as hereinafter provided for; and

(f) Information the Director or Council may require as to the applicant's financial responsibility or fitness and such other information as they may desire.

The application shall be accompanied with a fee of ten dollars ($10.00) to cover the amount of expense Council deems that the City will be put to in investigating the application and serving notice of the public hearing and the granting or refusal of the certificate of necessity.
(Ord. 2398. Passed 10-19-57.)


769.04 PUBLIC HEARING ON APPLICATION.
The Director shall report the application to Council. Council shall thereupon set a date for a public hearing upon the application and shall cause a notice of the public hearing to be published in a newspaper of general circulation in the City at least one week prior to the date of the hearing. It shall be the duty of the Director of investigate the statements contained in the application and report his findings and recommendation to Council before the date of the hearing.
(Ord. 2398. Passed 10-19-57.)


769.05 ISSUANCE OF CERTIFICATE OF NECESSITY.

(a) If Council determines that the public convenience and necessity require the granting of the application and that the same will be for the best interests of the City and its residents, it may grant the application and order the Director to issued a certificate of necessity to the applicant.

(b) In determining whether the public convenience and necessity require the granting of the certificate of necessity, Council shall consider such relevant facts as it may deem necessary to the common good and welfare of the City and the health, safety and convenience of its people and shall consider the character and financial responsibility of the applicant, the amount of taxicab service already available to the City from other operators and such other facts and circumstances as, in the judgment of Council, are pertinent to such matter.
(Ord. 2398. Passed 10-19-57.)


769.06 APPLICATION FOR LICENSE.

(a) The holder of a certificate of necessity may apply to the Director for a license to operate any such public vehicles as may come within the scope covered by the certificate of necessity. The application shall be in writing and shall state the serial number of his certificate of necessity, the full name and address of the owner of the public vehicle and also of the applicant, the trade name under which the applicant does or will do business, the type of vehicle for which the license is desired, the length of time the vehicle has been in use, the number of persons it is capable of carrying, the motor power thereof, the design, the color scheme, the local symbol used or proposed to be used, together with all other lettering or marks used or proposed to be used by the applicant on the vehicle, and whether the fare to be charged is to be by taximeter or by the zone system.

(b) The Director may require such additional information as to the financial responsibility and fitness of the management, of officers and of stockholders of the applicant and such other information as he may desire. The Director shall have affixed to the application an affidavit duly sworn to by the applicant. However, in the case of applicants already licensed by a municipality abutting the City and whose principal business is the carrying of passengers elsewhere than in the City, it shall be sufficient to file an affidavit containing a description of the vehicle, together with the license number of the municipality issuing the license and a statement as to the surety bond or liability insurance filed with the municipality which issued the license covering the operation of the vehicle.
(Ord. 2398. Passed 10-19-57.)


769.07 INSPECTION OF TAXICABS.
The Director is hereby authorized to establish such reasonable rules and regulations for the inspection of taxicabs and automobiles for hire, and their appurtenances, construction and condition of fitness as he deems best for the safety and adequate transportation of passengers and the public in general.
(Ord. 2398. Passed 10-19-57.)


769.08 INSURANCE REQUIRED.
No person shall engage in the business of operating a taxicab or taxicabs or permit the same to be operated until and unless the approved applicant for a license deposits with the Auditor a policy or certificate of liability insurance for each unit for which a license is applied for, acceptable to and approved by the Law Director, indemnifying the applicant in the sum of twenty-five thousand dollars ($25,000) for the injury to one person and fifty thousand dollars ($50,000) for injury to more than one person and ten thousand dollars ($10,000) for property damage in any one accident for the operation of each taxicab for which the license is applied. The policy shall contain a clause obligating the surety company or insurance company to give a ten day's written notice to the Mayor before the lapse, expiration or termination of such policy or policies and if the same or any of them are allowed to lapse, the license to operate shall immediately expire.
(Ord. 875. Passed 4-20-78.)


769.09 ISSUANCE OF LICENSE; LICENSE CARD.
If the Director finds that the applicant for a license to operate is the owner of a valid certificate of necessity and that the vehicle for which the license to operate is sought is within the class provided for in the certificate of necessity and is fit and safe for the transportation of passengers under such rules and regulations as the Director may promulgate, he shall issue to such owner a license to operate such a vehicle when the owner deposits the insurance policy or bond heretofore described and pays the license fee hereinafter set forth. There shall be delivered to the owner a license card which shall contain the official license number, the name and address of the licensee and such other information as the Director may prescribe. The license card shall be affixed to the interior of the public vehicle so as to be readily visible at all times. Any license issued hereunder shall expire on December 31 of the year of which it is issued.
(Ord. 2398. Passed 10-19-57.)


769.10 FEES FOR LICENSE.
Every licensee hereunder shall pay a fee of ten dollars ($10.00) per year in advance for each public vehicle license. However, the fee for licensing after July 1 in any year shall be five dollars ($5.00) for the balance of that year or any fraction thereof.
(Ord. 2398. Passed 10-19-57.)


769.11 SUSPENSION OR REVOCATION OF LICENSE; APPEAL.

(a) Any certificate of necessity and/or license to operate may be suspended or revoked at any time by the Director in case:

(1) The Director finds the owner's past record to be unsatisfactory;

(2) The owner fails to operate his licensed taxicab or taxicabs in accordance with the provisions of this chapter and other ordinances of the City and the laws of the State; or

(3) The owner ceases to operate such taxicabs for a period of thirty consecutive days without first obtaining the consent of the Director.

(b) Any person whose certificate of necessity or whose license to operate has been revoked by the Director may appeal from the decision of the Director to a Board of Appeals as hereinafter provided.
(Ord. 2398. Passed 10-19-57.)


769.12 DRIVER'S LICENSE REQUIRED.
No person shall drive a public vehicle unless he is licensed to do so by the State and unless he is:

(a) At least twenty-one years of age or over, an American citizen or has declared his intention to become a citizen;

(b) Of sound physique, with good eyesight and not subject to epilepsy, vertigo, heart trouble or any other infirmity of body or mind which might render him unfit for the safe operation of a public vehicle;

(c) Able to read, write and speak the English language; and

(d) Clean in dress and person, of good moral character and not addicted to the use of intoxicating liquors or drugs.


769.13 RENEWAL OF DRIVER'S LICENSE.
The Director may renew the driver's license, from year to year, by appropriate endorsement thereon.
(Ord. 2398. Passed 10-19-57.)


769.14 TAXIMETERS.

A taxicab licensed to operate under a taximeter plan of charging shall be equipped with a taximeter and no person shall charge any higher rate of fare than is recorded in the reading face of the taximeter, except that at the option of the passenger an hourly rate may be used.


After sundown, the face of every taximeter shall be illuminated by a suitable light so as to throw a continuous steady light thereon. No person shall use or permit to be used, or drive for hire, a taxicab equipped with a taximeter which is in such condition as to be inaccurate by more than five percent (5%) to the prejudice of the passenger.
(Ord. 2398. Passed 10-19-57.)


769.15 RATE OF FARE.

The owner, whether operating by taximeter or by the zone plan, shall establish his own rate of fare which may be changed at will. However, the owner shall at all times keep on file with the Director the schedule he proposes to charge and shall post a printed copy of the same inside each of his taxicabs where it will be plainly visible to any passenger riding therein. No owner or driver shall charge a higher rate of fare than the one so filed and posted.


Nothing herein contained shall preclude the owner or driver from making a special hourly rate with the passenger who expects to use such service for more than an hour at a time.
(Ord. 2398. Passed 10-19-57.)


769.16 TAXICAB STANDS.
The Director is hereby authorized to establish such taxicab stands as will best serve the interests of the public. He shall designate the same by stanchions or signs bearing the legend that the same is a taxicab stand and designate the number of taxicabs permitted to park there. No vehicle other than a taxicab shall be allowed to park therein. The Director is hereby authorized to establish such rules and regulations with reference to the use of the taxicab stands and the operation of taxicabs in the City as, in his judgment, are needed to facilitate traffic on the streets and to insure the safety of the public. Each taxicab stand shall be limited to not more than space for two taxicabs.
(Ord. 858. Passed 12-22-77.)


769.17 EMPLOYMENT OF UNLICENSED DRIVERS.
No person operating a taxicab within or from the City shall employ as a driver of such taxicab any person other than a driver duly licensed or registered under the provisions of this chapter.
(Ord. 2398. Passed 10-19-57.)


769.18 RIGHT OF APPEAL.
An appeal from any decision of the Director revoking a certificate of necessity, a license to operate or a driver's license may be made to a Board of Appeals which is hereby created and which shall be composed of the Mayor, the Public Safety Director and the Solicitor, which Board is hereby authorized, after full hearing, to affirm, modify or reverse the decision of the Director.
(Ord. 2398. Passed 10-19-57.)


769.19 APPEAL PROCEDURE.
In order to avail himself of the appeal referred to in Section 769.18, the appellant shall, within ten days after receiving notice of such revocation, give written notice of such appeal to the Director and also to the Mayor. The appeal shall be heard by the Board within ten days after the termination of the hearing, and its decision shall be final.
(Ord. 2398. Passed 10-19-57.)


769.99 PENALTY.
Whoever violates any of the provisions of this chapter shall be fined not more than one hundred dollars ($100.00)
(Ord. 2398. Passed 10-19-57.)


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