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HomeMy WebLinkAbout1968-045 Council OrdinancesORDINANCE NO. 45 VILLAGE OF LINO LAKES ANOKA COUNTY, MINNESOTA AN ORDINANCE AUTHORIZING THE OPERATION OF TAXICABS, LICENSING AND REGULATING SUCH OPERATION IN THE VILLAGE OF LINO LAKES, ANOKA COUNTY, MINNESOTA THE VILLAGE COUNCIL OF THE VILLAGE OF LINO LAKES, ANOKA COUNTY, MINNESOTA, ORDAINS: SECTION 1. The following words and phrases when used in this ordinance have the meanings as set out herein: (a) The word "taxicab" shall mean and include any motor vehicle engaged in the carrying of persons for hire, whether over a fixed route or not, and whether the same be operated from a street stand or subject to calls from a garage, or otherwise operated for hire except private auto liveries as herein defined but the term shall not include vehicles subject to control and regulation by the Railroad and Warehouse Commission of the State of Minnesota or vehicles regularly used by undertakers in carrying on their business. (b) The word "street" shall mean and include any street, alley, avenue, court, bridge, lane or public place in the Village of Lino Lakes. (c) The words "taxicab driver" shall mean and include any person who drives a taxicab, whether such person be the owner of such taxicab or be employed by a taxicab owner or operator. (d) The word "operator" shall mean and include any person owning or having control of the use of one or more taxicabs used for hire upon the streets or engaged in the business of operating a taxicab within the Village of Lino Lakes. (e) The words "taxicab stand" shall mean and include any place along the curb or street or elsewhere which is exclusively reserved by the Village of Lino Lakes for the use of taxicabs. (f) The word "taximeter" shall mean and include any mechanical instrument or device by which the charge for hire of a taxicab is mechanically calculated, whether by distance traveled or waiting time or by both, and upon which the charge shall be indicated by figures. (g) The words "private auto livery" shall mean an automobile used to carry persons for hire other than by solicitation of business by cruising about the streets. (h) The word "certificate" shall mean a certificate of public convenience and necessity issued by the Village Council authorizing the holder thereof to conduct a taxicab business in the Village of Lino Lakes. SECTION 2. No person shall operate or permit a taxicab owned or controlled by him to be operated as a vehicle for hire upon the streets of the Village of Lino Lakes without having first obtained a certificate of public convenience and necessity from the Village Council, provided that any taxicab licensed to operate in any other municipality of this state may carry passengers from said municipality where so licensed to any place or point within the Village of Lino Lakes and may receive passengers for carriage to such municipality where so licensed; but owners and drivers of such vehicles shall not be permitted to solicit business in the Village of Lino Lakes or other- wise operate a taxicab on the streets of such Village, without being licensed under the provisions of this Ordinance. SECTION 3. An application for a certificate shall be filed with the Village Clerk -Treasurer upon forms provided by the Village; and said application shall be verified under oath and shall furnish the following information: (a) The name and address of the applicant. (b) 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. (c) The experience of the applicant in the transportation of passengers. (d) Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate. (e) The number of vehicles to be operated or controlled by the applicant and the location of proposed open taxicab stands. (f) The color scheme or insignia to be used to designate the vehicle or vehicles of the applicant. (g) Such further information as the Village Council may from time to time require. (h) A statement covering each vehicle to be so licensed, giving the full name and address of the owner; the class and passenger -carrying capacity of each vehicle for which a license is desired; the length of time the vehicle has been in use; the make of the car; the engine number; the serial number and the state license number; whether the same is mortgaged, the name of the mortgagee and the amount of said mortgage; also the holder of legal title to said motor vehicle if other than the applicant; or whether said vehicle is leased, licensed, or under any form of contract permitted to be used and operated by some other person than the one holding legal title thereto, and what person, firm or corporation will collect the revenues from the operation of said taxicab and pay the expenses of operating the same. SECTION 4. If the Village Council finds that further taxicab service in the Village of Lino Lakes is required for the public convenience and necessity and 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 Village Council, the Village Council shall issue a certificate stating the name and address of the applicant, the number of vehicles authorized under said certificate and the date of issuance; otherwise, the application shall be denied. In making the above findings, the Village Council shall take into consideration the number of taxicabs already in operation, whether or not existing transportation is adequate to meet the public need, the probable effect of increased service on local traffic conditions, and the character, experience and responsibility of the applicant. In determining whether or not a certificate for an additional cab or cabs shall be issued, the Village Council shall deem it convenient and necessary to have one cab for each 8,000 persons living in the Village, or such number as determined to be adequate, from time to time, by Village Council resolution. In the discretion of the Council certificates issued for cabs may permit the use of 50% additional cabs during the period from November 15 to April 15. As additional cab certificates may become available, they may ne issued to any applicant fit, willing and able to perform under this Ordinance. If no other applicant is available, the holder of any outstanding certificate may be required by the Council to license and operate such additional cab or cabs or forfeit his existing certificates. SECTION 5. No certificate of public convenience and necessity shall be issued or continued in operation unless there is in full force and effect a liability insurance policy issued by an insurance company authorized to do business in the State of Minnesota for each vehicle authorized in the amount of 100 thousand dollars for bodily injury to any one person; in the amount of 300 thousand dollars for each accident; and 10 thousand dollars for property damage resulting from any one accident. Said policy or certificate of the insurer showing issuance of the policy shall be filed in the office of the Village Clerk -Treasurer and shall contain a provision therein that the insurance carrier shall not cancel said policy without first notifying the Village of Lino Lakes, in writing, of such cancellation, at least 10 days before such proposed cancellation date. SECTION 6. No certificate shall be issued or continued in operation unless the holder thereof has paid an annual license fee for the right to engage in the taxicab business of twenty dollars ($20.00) each year to the Village for each vehicle operated under a certificate of public convenience and necessity. 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 and applicable to said holder of the vehicle or vehicles under his operation and control. Said license fees shall be due and payable an January 1, each year, and shall be pro -rated if for less than the calendar year, but there shall be no refund once payment has been made if operation is terminated. SECTION 7. No certificate of public convenience and necessity may be sold, assigned, mortgaged, or otherwise transferred without the consent of the Village Council. SECTION 8. A certificate issued under the provisions of this Village ordinance may be revoked or suspended by the Village Council if the holder thereof has: (a) Violated any of the provisions of this ordinance. (b) Discontinued operations for more than sixty days. (c) Violated any ordinances of the Village of Lino Lakes or the laws of the United States or the State of Minnesota, the violations 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 by the Village Council. SECTION 9. Prior to the commencement of operation under this Ordinance the holder of a certificate shall furnish to the Village Clerk - Treasurer the names of all persons who will be operating taxicabs for the certificate holder. Each of such persons shall be the holder of a valid chauffeur's license issued by the State of Minnesota. The Village Police Department shall conduct an investigation of each such person and a report of such investigation shall be furnished to the Village Council together with the recommendation of the Chief of Police as to whether or not such persons should be permitted to operate taxicabs within the Village of Lino Lakes. Upon a finding by the Village Council that such persons are to be permitted to operate taxicabs within the Village, the Village Clerk -Treasurer shall issue a taxicab driver's license to such persons upon the payment by them to the Village of the sum of five dollars ($5.00), and shall be pro- rated if for less than the calendar year, but with no refund to be due. Such licenses shall be valid for the calendar year in which issued and must be renewed at the commencement of each subsequent calendar year. It shall be unlawful for any person to operate a taxicab within the Village of Lino Lakes for or on behalf of any certificate holder without having a valid taxicab driver's license in his possession, �.- and shall have on his cap a badge acceptable to the Village Council. SECTION 10. The Village Council shall cause the Chief of the Police Department or some other employee on behalf of the Village thoroughly and carefully to examine each taxicab before a license is granted to operate the same. No taxicab shall be licensed which does not comply with the following: (a) It must be in a thoroughly safe condition for the transportation of passengers. (b) It must be clean and of good appearance and well painted and varnished. (c) It must pass such other examinations and tests of licensed taxicabs as may be ordered by the Village Council from time to time. SECTION 11. Each taxicab shall bear on the outside of each rear door, in painted letters not less than four inches nor more than eight inches in height, the name of the owner; and in addition, may bear an identifying design approved by the Village Council. 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 Village Council 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. If, after a license has been issued for a taxicab hereunder, the color scheme, identifying design, monogram, or insignia thereof is changed so as to be, in the opinion of the Village Council in conflict with or an imitation of 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. SECTION 12. All taxicabs operated under the authority of this Ordinance shall be equipped with taximeters fastened in front of the passengers and 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 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 each taximeter into anon -recording position at the termination of each trip. The said taximeters shall be subject to inspection at any time by the Police Department. 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. 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, Minnesota. 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 14. (a) The Village Council is hereby authorized and empowered to establish Open Taxicab Stands in such place or places upon the streets of the Village of Lino Lakes as it deems necessary for the use of taxicabs operated in the Village. The Council 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 Council shall prescribe the number of cabs that shall occupy such open stands. The Council shall not create an open 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. (b) 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. SECTION 15. Private or other vehicles for hire shall not at any time occupy such space upon the streets as has been established as an open taxicab stand. SECTION 16. All persons engaged in the taxicab business in the Village of Lino Lakes and operating under the provisions of this Ordinance shall render an overall service to the public desiring to use taxicabs. Holders of certificates of public convenience and necessity shall maintain a central place of business and keep the same open for such hours of each day as the Village Council may direct for the purpose of receiving calls and dispatching cabs. They shall answer all calls received by them for services inside the corporate limits of the Village of Lino Lakes as soon as they can do so and if said services 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 the Village of Lino Lakes 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. SECTION 17. Any person, firm or corporation that shall violate any of the provisions of this Ordinance, shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one hundred dollars ($100.00) or by imprisonment for not to exceed 90 days for each offense. SECTION 18. This Ordinance shall become effective upon its passage and publication. Passed by the Village Council of the Village of Lino Lakes, Anoka County, Minnesota, this 9th day of September , 1968. Attest: June L. `Emerton, Clerk -Treasurer �Ralpi M . L'Allier, Mayor