HomeMy WebLinkAboutORDINANCE NO. 10-10-79W,„ STATE OF GEORGIA ORDINANCE NUMBER 10-10-79
COUNTY OF FULTON
AN ORDINANCE TO AMEND CHAPTER 62, VEHICLES FOR HIRE, ARTICLE II,
TAXICABS, OF THE CITY OF MILTON CODE OF ORDINANCES
BE IT ORDAINED, by the City Council of the City of Milton, Georgia while in a Regular called
Council meeting on the 18th day of October, 2010 at 6 p.m. as follows:
SECTION 1. That this Ordinance relating to amending Chapter 62 Vehicles for Hire, Article
II, Taxicabs, of the City of Milton Code of Ordinances is hereby adopted and approved as follows:
Chapter 62 Vehicles for Hire, Article II, Taxicabs, of the City of Milton Code of Ordinances is
hereby revised in its entirety to read as follows:
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.
OW -0 Driver Permit means a Driver Permit issued by the City to a Driver pursuant to this Article.
•A 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 (1) 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.
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
WPM certificate procured from the City Community Development Department. Operators
shall be subject to the City occupation tax provisions contained in Chapter 12, Article 2
of the Milton Code.
Pp." (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 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 Sec. 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
Section 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;
B. For bodily injury or death to all persons sustained in any one (1) accident:
$50,000.00; and
C. For injury to or destruction of personal property in any one (1) 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).
*W" Sec. 62-21. Taxicabs - Permits; Regulations.
00-M (a) No Operator 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.
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(b) Applications for Taxicab Permits shall be made to the City Police Department and shall
include, at a minimum, the following:
(1) A copy of a valid six-month auto insurance policy meeting State minimum
requirements and the requirements of Section 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
(6) months for each Taxicab.
(c) No Taxicab Permit shall be issued for any Taxicab with a model year more than six (6)
years old.
(d) No Taxicab Permit shall be issued for any Taxicab having less than three (3) 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 only calculate
fares on the basis of mileage, not time. 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, driven either from the transmission or
from one (1) of the front wheels by a flexible 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.
(2) Fare information in compliance with Section 62-23 below.
AMMM (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 six (6) inches in height permanently
affixed to the roof and bearing the term "taxi" or the Operator name.
"`" M (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.
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;
(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 (3) 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 (10) 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.
go" (3) Any violation for driving with an open container of alcohol.
KNOW (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.
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
&A -W 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 fifteen (15) days prior written notice of such schedule change
to the City Police Department.
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 (1) 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.
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.
Sec. 62-26. Denials; Suspension or Revocation; Hearing.
Noma (a) Application denials. Applications for a Certificate of Public Necessity and
Convenience, Driver Permit, or Taxicab Permit (including annual renewals of same)
am."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 fifteen (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 (6) 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 (10) 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 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
Now application, or to suspend or revoke the Certificate of Public Necessity and
Convenience, Driver Permit, or Taxicab Permit issued hereunder.
IMAM (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
VAN" Article, the Milton Code, or state or federal law;
so" (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 (3) 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 Section 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
wpm Council, including the reason(s) for the upholding of an application denial, or
suspension or revocation, regarding a Certificate of Public 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.
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.
All other portions of Chapter 62 Vehicles for Hire, of the City of Milton Code of Ordinances shall
remain undisturbed and are hereby reaffirmed.
SECTION 2. That all Ordinances, parts of Ordinances, or regulations in conflict herewith are
hereby repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 186' day of October, 2010.
Attest:
Sudie AM Gordon, City Clerk