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HomeMy WebLinkAboutORDINANCE NO 13 09 1841 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 13-09-184 AN ORDINANCE TO AMEND CHAPTER 62, ARTICLE II, TAXICABS OF THE CITY OF MILTON CODE BE IT ORDAINED by the City Council of the City of Milton, GA while in a regularly called council meeting on September 4, 2013 at 6:00 p.m. as follows: SECTION 1. That the Ordinance relates to Amending Chapter 62, Article II, (Taxicabs) to amend the requirements for obtaining and maintaining a taxicab, is hereby adopted and approved; and is attached hereto as if fully set forth herein, and; SECTION 2. All ordinances, parts of ordinances, or regulations in conflict herewith are repealed. SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the 4th day of September. 2013. Attest: Page 1 of 8 Mayor Joe L ckw 1 STATE OF GEORGIA COUNTY OF FULTON CHAPTER 62 — VEHICLES FOR HIRE ORDINANCE NO. 13-09-184 ARTICLE II. TAXICABS Sec. 62-19. - Defined terms. Sec. 62-20. - Operators—Certificate of public necessity and convenience occupation tax regulations Sec. 62-21. - Taxicabs—Permits regulations Sec. 62-22. - Drivers—Permits regulations Sec. 62-23. - Fares. Sec. 62-24. - Certificate/permit fees duration Sec. 62-25. - Operators responsible for violations by drivers Sec. 62-26. - Denials suspension or revocation hearing Sec. 62-27. - Violations: penalty. Sec. 62-19. Defined terms. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Driver means any person holding a current, valid driver permit issued by the city and who drives a taxicab operated by an operator. A driver may also be an operator. Driver permit means a driver permit issued by the city to a driver pursuant to this article. Operator means any person or entity operating a business with an office located within the corporate limits of the City of Milton and providing to the public the services of one or more taxicabs. A natural person who is an operator may also be a driver. Taxicab means any motor vehicle used in the business of transporting passengers for compensation and not having a fixed route or routes. The term "taxicab" does not include limousine carriers as contemplated by O.C.G.A. § 46-7-85.11. Taxicab permit means a taxicab permit issued by the city to an operator pursuant to this article. Taximeter means a device that automatically calculates, at a predetermined rate, and indicates the charge for hire of a taxicab. The requirements of this article, including but not limited to driver permit and taxicab permit requirements shall not apply to taxicabs whose presence in the city is limited solely either to: 1) passing through the city without picking up a passenger, or 2) dropping off a passenger whose trip originated outside of the city. (Ord. No 10-10-79, § 1. 10-18-2010) Page 2 of 8 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 13-09-184 Sec. 62-20. Operators—Certificate of public necessity and convenience, occupation tax; regulations. (a) As contemplated by O.C.G.A. § 36-60-25, all operators shall apply for and obtain from the city. 1) a certificate of public necessity and convenience; and 2) an occupation tax certificate procured from the city community development department. Operators shall be subject to the city occupation tax provisions contained in chapter 12, article II of the Milton Code. (b) Applications for certificates of public necessity shall be submitted to the city police department. Applications shall be on the form provided by the city and additionally shall include, at a minimum: (1) A detailed description of the equipment and taxicabs to be used in the operator's business and the names of all drivers and employees thereof; and (2) The address and telephone number of the operator's office. (c) The following minimum criteria must be met by the applicant prior to the issuance of a certificate of public necessity and convenience or annual renewal thereof: (1) Establishment and maintenance of an office. if any, in a commercially -zoned area of the city. (2) Submission of a copy of the operator's current lease or proof of ownership regarding the operator's office. (3) Establishment and maintenance of a publicly -listed telephone number for the operator's office. (4) Maintenance on file with the city of the name, home address and home phone number of each current driver of all operator taxicabs. (5) Maintenance of lawful off-street parking capable of accommodating all operator taxicabs. (6) Maintenance of a file, for each taxicab, evidencing compliance with the requirements of section 62-21 below. (7) Possession of, and providing the city police department a copy of, a current policy of indemnity insurance with an insurance company active with the office of the Georgia Insurance and Fire Safety Commissioner, which policy shall comply with subsection 62-21(b)(1) below and shall have, at a minimum, the following limits for each operator taxicab: a. For bodily injury or death to each person: $50,000.00,- 50,000.00;b. b.For bodily injury or death to all persons sustained in any one accident: $50,000.00: and c. For injury to or destruction of personal property in any one accident: $25,000.00. Such policy shall be conditioned to protect the public against injury or damage proximately caused by the negligence or willful act of the operator and any and all driver(s) operating an operator taxicab(s). (Ord No 10-10-79. § 1 10-18-2010 Sec. 62-21. Taxicabs—Permits; regulations. (a) No taxicab shall be operated in the city unless such taxicab has a current, valid, city -issued taxicab permit decal affixed in a conspicuous location on the rear of the taxicab. (b) Applications for taxicab permits shall be made to the city police department and shall include, at a minimum, the following. Page 3 of 8 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 13-09-184 (1) A copy of a valid six-month auto insurance policy meeting state minimum requirements and the requirements of subsection 62-20(c)(7) above for each taxicab. (2) A copy of a certificate of inspection for each taxicab completed on the form provided by the city police department and issued by a National Institute for Automotive Service Excellence certified mechanic, which certificate shall be located inside the taxicab at all times. The certificate must be renewed every six months for each taxicab. (c) No taxicab permit shall be issued for any taxicab with a model year more than eight years old. (d) No taxicab permit shall be issued for any taxicab having less than three doors, excluding the driver's door, for loading and unloading of passengers. (e) No taxicab permit shall be issued unless the taxicab shall be equipped with a taximeter meeting the requirements of this subsection. Taximeters shall be fastened in front of the passenger's seat and be visible to the passenger at all times. After sundown, the face of the taximeter shall be illuminated. The taximeter shall be operated mechanically by a mechanism of standard design and construction and permanently attached driving mechanism. The taximeter shall be sealed at all points and connections which, if manipulated, would affect its correct reading and recording. (f) No taxicab permit shall be issued for any taxicab that does not have a dry compartment for the secure storage of passengers' luggage, which compartment shall be separate and apart from the passenger area. For the purposes of this subsection, the term "passenger area" shall be defined as the area designed to seat the operator and passengers while the taxicab is in operation and any area that is readily accessible to the operator or a passenger while in his or her seating position; provided, however, that such term, in a taxicab not equipped with a trunk, does not include any area behind the rearmost upright seat or not normally occupied by the operator or passengers. (g) No taxicab permit shall be issued for any taxicab that does not bear on the outside thereof (use of magnetically -affixed equipment/information is expressly prohibited): (1) The taxicab permit decal required by this section. Said permit decal will be displayed at all times in the upper left corner of the rear window. Each taxicab will be assigned a numbered sticker and that sticker shall not be used on any other taxicab. (2) Fare information in compliance with section 62-23 below. (3) The name and business telephone number of the operator, which must be conspicuously displayed and permanently affixed to the taxicab. (4) A toplight on the roof which must be at least four inches in height permanently affixed to the roof and bearing the term "taxi" or the operator name. (h) Operators and drivers shall ensure that taxicabs are maintained in a clean condition, free from foreign matter, trash, dirt and/or offensive odors. (i) The city police department may conduct random inspections of operator taxicabs to ensure the safety and welfare of the public and/or their compliance with this article. (Ord No 10-10-79 § 1. 10-18-2010; Sec. 62-22. Drivers—Permits; regulations. (a) No person shall operate an operator taxicab in the city without a city -issued driver permit on his or her person at all times while operating such taxicab. No driver permit shall be issued to any person unless such person shall: (1) Be in possession of a current, valid "Class C" Georgia driver's license; (2) Be competent to operate a motor vehicle; Page 4 of 8 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 13-09-184 (3) Be familiar with the traffic laws and ordinances of the State of Georgia and the City of Milton, and (4) Provide authorization and any information necessary to enable the city police department to investigate the person's background, criminal history, and traffic record. (b) Drivers and operators shall at all times be responsible for ensuring that the following information is conspicuously located within the cabin of the taxicab: (1) A map or street guide of, at a minimum, the north metro Atlanta area, including the entire City of Milton, which map or street guide may be in electronic form. (2) The name and photograph of the driver. (3) A schedule of fares. (c) No person shall operate a taxicab in the city or be issued a driver permit if such person has been convicted of or has pled guilty or nolo contendere to three or more moving traffic violations in the preceding 12 -month period. (d) No person shall operate a taxicab in the city or be issued a driver permit if such person has, within the past ten years, been convicted of or has pled guilty or nolo contendere to any of the following: (1) Any sexual offense as set out in O.C.G.A. title 16, chapter 6. (2) Driving under the influence of alcohol or drugs. (3) Any violation for driving with an open container of alcohol. (4) Any offense involving the Georgia Lottery. (5) Illegal possession or sale of drugs or alcohol. (6) Possession or receipt of stolen property. (7) Any act involving violence. (8) The violation of any law involving moral turpitude. (9) The violation of any statute or ordinance regarding alcoholic beverages. (10) Any offense of causing death by vehicle. (e) No driver shall refuse to accept a customer solely on the basis of race, color, national origin, religious belief, or gender. Drivers shall not refuse to accept a customer unless the customer is intoxicated, when such condition is made manifest by boisterousness, by indecent condition or act, or by vulgar. profane, loud, or unbecoming language, or is armed or otherwise obviously a danger to the personal safety of the driver or other customers. (f) No driver shall transport passengers numbering greater than the maximum number of persons specified for a taxicab by the taxicab's manufacturer. (Ord No 10-10-79. § 1 10-18-2010) Sec. 62-23. Fares. Operators shall ensure that all taxicabs have posted conspicuously on the outside of each taxicab a schedule of fares. Taximeters must be operational, turned on and in use for each fare. Fares shall only be calculated based upon mileage, not time. Log sheets of each fare are to be kept and made available to the city upon request. Operators shall charge, for all taxicabs, uniform fares to all customers. No operator shall charge any minimum fare in excess of $6.00. No change of a fare schedule by any operator shall take effect until after the operator provides at least 15 days' prior written notice of such schedule change to the city police department. Page 5 of 8 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 13-09-184 (Ord No 10-10-79 § 1,11-18-1110) Sec. 62-24. Certificate/permit fees, duration. Annual fees for certificates of public necessity, driver permits, and taxicab permits shall be as set forth in appendix 'A." fees and other charges, to the Milton Code. Annual renewal fees and applications are due to the city police department no later than March 31 of each year. All certificates of public necessity, driver permits, and taxicab permits shall be issued for no more than a one-year term and shall expire on April 5 of each year. Fees shall not be prorated. All operators and drivers shall comply with the citizenship/alien status requirements of O.C.G.A. § 50-36-1. (Ord No 10-10-79. § 1. 10-18-2010) Sec. 62-25. Operators responsible for violations by drivers. To the extent permitted by law, operators shall be responsible for, and subject to citations for, violations of this article by drivers of their taxicabs, regardless of whether such drivers are direct employees or independent contractors of the operator. IOrd No 10-10-79. § 1, 10-18-2010) Sec. 62-26. Denials; suspension or revocation; hearing. (a) Application denials. Applications for a certificate of public necessity and convenience, driver permit, or taxicab permit (including annual renewals of same) shall be denied by the city police department for failure to comply with any requirement of this article. In the event that an application for a certificate of public necessity and convenience, driver permit, or taxicab permit is denied, the city police department shall provide the applicant with written notice of the denial. The notice of denial shall include the grounds for and date of the denial and shall be mailed to the applicant, at the address listed by the applicant on the application, on the date of denial by United States regular mail. The applicant, within 15 days of the date of the notice of denial, may make a written request to the city manager for a hearing before the mayor and city council for a review of such denial, and the city manager shall schedule the hearing for the next available regular meeting, after the notice period required by subsection (d) below, of the mayor and city council. (b) Suspension/revocation for violations of city regulations. Each certificate of public necessity and convenience, driver permit, or taxicab permit granted hereunder shall be subject to suspension or revocation for violation of any provision of this article. Suspensions may be with or without conditions and shall not exceed six months in duration. (c) City manager review of suspension/revocation. Whenever the city police department determines there is cause to suspend or revoke a certificate of public necessity and convenience, driver permit, or taxicab permit issued hereunder, the city police department shall notify the city manager of such cause. If the city manager, after review of the matter, determines that cause indeed exists for the matter to be brought before the mayor and city council, the city manager shall give the operator/driver notice of a hearing before the mayor and city council as provided in subsection (d) below. (d) Notice of hearing; contents. The city manager shall provide to the applicant, in the case of a denial, or holder of the suspended or revoked certificate of public necessity and convenience, driver permit, or taxicab permit at least ten days' prior written notice, by United States regular mail, of the hearing for the mayor and city council to consider the denial or whether to suspend or revoke the certificate Page 6 of 8 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 13-09-184 of public necessity and convenience, driver permit, or taxicab permit. The ten-day written notice shall include, at a minimum, the following information: (1) The time, date, place, and purpose of such hearing; and (2) In the case of a suspension/revocation, a statement of the charges upon which such hearing will be held. (e) Hearing. After the city manager makes a recommendation to the mayor and city council regarding a denial, or to suspend or revoke a license issued hereunder, the mayor and city council will conduct a hearing to receive and consider evidence relevant to the matter at hand. The mayor and the council members will have the right to ask questions at any time during the hearing. (1) At the hearing, the city manager or his or her designee proceeds first and presents all evidence and arguments in support of the recommendation to deny the application, or to suspend or revoke the certificate of public necessity and convenience, driver permit, or taxicab permit issued hereunder. (2) After the city manager makes his or her presentation, the applicant for or holder of the certificate of public necessity and convenience. driver permit, or taxicab permit or their legal counsel may present evidence and arguments as to why the application should be granted or the certificate of public necessity and convenience, driver permit, or taxicab permit issued hereunder should not be suspended or revoked. (f) Grounds. After the hearing, the mayor and city council may uphold a denial, or suspend or revoke the certificate of public necessity and convenience, driver permit, or taxicab permit issued hereunder, if any of the grounds set forth in this subsection below exists: (1) The original certificate of public necessity and convenience, driver permit, or taxicab permit application, or any renewal application, contained materially false information, or the applicant deliberately sought to falsify information contained therein, (2) Regarding a denial, the application or applicant failed to meet any of the requirements of this article; (3) Failure to pay any fees, taxes or other charges imposed by the provisions of this article, the Milton Code, or state or federal law, (4) Failure to maintain all of the general qualifications applicable to the initial issuance of a certificate of public necessity and convenience, driver permit, or taxicab permit under this article, (5) Conviction of, or a guilty or nolo contendere plea to. three or more moving traffic violations in any 12 -month period, (6) Refusing to accept a customer solely on the basis of race, color, national origin, religious belief, or gender in violation of subsection 62-22(e) above, (7) Allowing any required insurance coverage under this article to lapse, (8) Operating or allowing a driver to operate a taxicab in the city in violation of any provision of this article; (9) The operator, taxicab or driver is a threat or nuisance to the public health, safety or welfare; (10) Not transporting a customer to his destination by the most direct route as is reasonable under the applicable circumstances; or (11) Any violation of any provision of this article. (g) Decision. The mayor and city council shall render a decision by majority vote of a quorum upon the conclusion of the hearing. The decision of the mayor and city council, including the reason(s) for the upholding of an application denial, or suspension or revocation, regarding a certificate of public Page 7 of 8 �I LA STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 13-09-184 necessity and convenience, driver permit, or taxicab permit, shall be transmitted in writing by United States mail to the applicant for or holder of the certificate of public necessity and convenience, driver permit, or taxicab permit. (h) Appeals. The upholding by the mayor and city council of the denial of an application, or the suspension or revocation of a certificate of public necessity and convenience, driver permit, or taxicab permit, shall be final unless the applicant for or holder of the certificate of public necessity and convenience, driver permit, or taxicab permit files a petition for writ of certiorari with the Superior Court of Fulton County within 30 days of the date of the decision of the mayor and city council. (Ord No 10-10-79. § 1. 10-18-2010) Sec. 62-27. Violations; penalty. It shall be unlawful for any person to violate or fail to comply with any provision of this article. Violations of this article shall be punishable as provided for in section 1-5 of the Milton Code. (Ord. No 10-10-79. § 1. 10-18-2010) FOOTNOTE(S): --- (2) --- Editor's note— Section 1 of Ord No. 10-10-79, adopted Oct. 18, 2010, amended art. II in its entirety to read as herein set out. Former art II, §§ 62-19-62-24 and 62-44-62-53 pertained to similar subject matter, and derived from Ord. No. 06-11-15, adopted Nov. 21. 2006; Ord. No. 07-04-22. adopted April 12, 2007; Ord. No. 07-05-29, adopted May 3, 2007, and Ord. No. 07-11-51. adopted Nov 7. 2007 Back Page 8 of 8