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HomeMy WebLinkAboutORDINANCE NO. 8906~~6 ORDINANCE N0. 8906 An Ordinance making provisions for the operation of taxicabs in the City of Eugene, providing penalties and repealing Ordinance Ido. 8119. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. "PERSON", DEFINED: The term "person" wherever used in this; ordinance shall be held and construed to r,iean and include natural persons of either sex, firms, copartnerships, associations and corporations, whether acting by them selves, by servant, agent or employe. The singular number shall include the plural, and the masculine pronoun shall include the feminine and the neuter. Section 2. "TAXICAB", DEFINED: The term "Taxicab" wherever used in this ordinance shall be held and construed to mean and include every motor vehicle having a seating oapacity of five passengers or less, as per manufacturer's rating, except oars for rent without drivers, used for the transportation of passengers for hire, and not operated exclusively over a fixed and defined route. Such taxicabs shall be equipped with a "taximeter", which shall be an instrument or device by which the charge for hire of a passenger-carrying vehicle is mechanically measured or calculated, either for the distance traveled by such a vehicle, or for waiting tim®, or for both, and upon which such charges shall be indicated by means of figures. Section 3. "MOTOR VEHICLE" DEFINED: The term "motorvehicle" wherever used in this ordinance shall be held and construed to mean and include every self-propelled vehicle by or upon which any person or persons may be transported or carried upon any public highway, street or alley, excepting vehicles used exclusively upon stationary rails or tracks. Section 1~.. The Common Council hereby deems and declares that a maximum of thirty taxicabs may be operated in the City of Eugene, and that no greater number shall 'oe permitted -to operate under license at any one time in the city. Section 5. OPERATORS TO SECUkE LICENSE. It shall be unlawful for any per- son to en gage in the business of operating any of the vehicles defined in Section 2 of this ordinance vrithout first securing a license therefor, under the provisions of this ordinance. Section 6. APPI,3aATI8N F~?t AIv.D GRA1dTiN(3 OF LICENSE: Every person desiring to obtain a license for the operation of ~. taxioab under this ordinance shall file written application therefor with the City Recorder of the City of Eugene, setting forth t~ e name of the person to whom license is to be issued, the number of vehicles proposed to be operated, the name of the m~'~er ar~d the ...aker~s number of each, the seating capacity of each and the munber of the state license of such vehicle, and should the state license number of such vehicle be changed during the life of such license, such change and number shall be immediately reported to the Chies" of 4s~ -- --n _ --_ _ _-_-=-- - _ _ - __-~ - ~- -_ Police a record showing him to be legal owner of each taxicab, and evidence that public liability and property damage is carried in a sufficient amount, and shall give the Chief of Police references and assurances of his character and reputation as a law-abiding citizen, and whether the applicant has ever been convicted of violations of city ordinances or state laws, and also as to the financial responsib- ility of the applicant, all of which information shall be transmitted to the Police Comrri~ttee by the Ghief of Police. The Police Committee shall certify only financialm ly responsible applicants with a good record. When a certificate is issued by the Police Committee, the City Recorder shall, upon receipt of the license fee or feos herein provided for each taxicab to be operated under such license, issue a license to such applicant in accordance with the provisions of this ordinance and the certi- ficate of said Police Committee. Section 7. CAAICELLATION OF LICENSE. Any license issued under this ord- finance may be cancelled by the Council for ~n y violation of any City Ordinen ee including this one, or of State and Federal Laws, and this provision shall apply equally to the drivers 'of taxicabs or to the companies operating taxicabs. When any license shall be cancelled by the Council there shall be refunded to the licensee the unearned portion of the license fee paid. Section 8. CHAUFFEUR'S PERIbiITi It shall be unlawful for any person to operate a taxicab ir_..the City of Eugene v~dthout first obtaining a chauffeur's license from the State of Oregon. Section 9. PENALTIES FOR INCOMPETENCY, RECKLESSNESS, ETC. Any driver or chauffeur of any taxicab who has been found guilty in the Municipal Court of any incompetency in driving, or of any violation of tha traffic ordinance or the terms; of this ordinance, may be debarred from driving any taxicab in the City of Eugene for a period not to exceed one year thereafter, and if the owner of any such vehicle operated in the City of Eugene shall knowingly permit such debarred driver, during said period of one year, to operate any such vehicle, the License of such owner may be revoked by the Council. Section 10. AGE LIMIT FOR CHAUFFEUR: It shall be unlawful for any license© under•this article to permit any person under the age~of twenty-one years to operate any taxicab orraed or controlled by him in the 'City of Eugene ~ Section 11. APPEAL: Any person aggrieved by any action of the Police Committee may appeal to the Council by serving upon said Police Committee e, written notice of appeal and filing a duplicate thereof with the City Recorder within five days after such action, and thereupon the Recorder shall place such appeal upon the calendar of the Council, to be heard in the regular course of business of the `Council. Section 12. CERTIFICATE FROM POLICE COIt~IvIITTEE: No such license shall be issued except upon a certificate oi' the Police Committee of the City of Eugene and 468 . _ - - - -.-T - - -- - --- _--_-- - - - _- - - ~_ - --- - - - --_ fir r_.. such license shall be in accordance with such certificate and with the terms of this ordinance. Section 13. CONTENTS OF CERTIFICATE. All taxicab certificates issued by the said Committee shall set forth the name of the 'person to whom the license is to be issued the number of vehicles proposed to be operated, the maker and tho makers number of each~ehicle, the seating capacity of each, and the nuiaber of the state license .of each vehicle -Lo be operated by such licensee. Section ]~.~. .FEES. There shall be paid to the City Recorder .by each taxi service operating in the City of Elzgene, an annual license fee of $50.00 for each year or part of year that such service operates'vrithin the City of Eugene, and a further annual license fee of X10.00 for each taxi;eab operated, suc`r, license fees to cover the cost of the regulation and inspection of such service, and are to be paid in advance. Section 15. TRANSFER AN1~ FEE: Tre City Fecorder shall, upon recommendation of the Police Co~nittee, transfer a license issued under the provisions of this article from one oar to another car, and said Committee shall, upon being satisfied that the change of ownership of a car is bona fide, authorize the transfer of the license covering such car to such new owner, by filing with the City Recorder a writtan notice of his approval of such transfer. A fee of One Dollar ($1.00) shall be oolleet- ed for all transfers as herein authorized. -' - T S DISPLAYED: The followin schedule of Section 16. TAXICAB RATES RA E g i rates shall be charged and collected for the transportation of passengers within the ' n ~ city by all persons, firms or corporations awning and operating licensed taxicabs ~ aaZd no different rates shall at ary time be charged or collected for taxicab service, either directly or indirectly, through the use of ,coupons, rebates, commutation tickets or in any other manner. For the first mile, or fraction thereof,'not more and not less than thirty-five cents (z~5~). For each succeeding 1~1} of a mile, or fraction thereof, not more and not less than ten cents (10~). For each additional passenger bound for the same destination ten cents (10~). ` P?o flat or zone rate shall be charged within the corporate limits. For each two minutes of waiting time or fraet ion thereof, a charge shall be made of not less nor more than ten cents (10~.)~. Waiting time shall include the time when the taxicab is not in motion, beginning with the time of arrival a.t the place to which the taxicab has been called, yr the time consumed while the taxicab is standing at the direction of the passenger. No charge sha11 be made for the time lost on account of inefficiency cf the taxicab, or its operation, or time consumed by premature response to a call,. The foregoing schedule of rates shall be conspicuously posted or placed in each taxicab and in such a manner that said rates may be easily read from both the inside and the outside of each taxicab. The rates shall be headed with the work "RATES" in letters not less than one-half of an inch in heighth, and the text thereof i t ,~ shall be in letters not less than twelve-point type, printed or paint°d on cards rot loss than 1.a." x 6" in size. No change shall be made for traveling empty, whether going or return- ing. Section 17. FARE COMPUTED BY TAXIi~TER. It shall be unlawful for any person to drive or operate, or engage in the business of operating, a taxicab or taxicabs, ur_less a taximeter is at kll times used on each of such taxicabs in determining the fare or rate to be charged and collected; and it shall be un- lawful for any person operating or driving, or engaged in the business of operating, a taxicab or taxicabs, to charge, demand, collect or receive any fare, rate or charge which is not directly based, measured and computed upon the record on the reading face of the taximeter used on such taxicab or taxicabs. It shall be un- lawful for any person to use or employ any other or different method of computing or measuring such distance or time charges than the methods hereinabove specifically provided. Section 1@. TAXIMETERS TO BE INSPECTED. It shall be the duty of the owner, lessee in possession, or any other person having possession or control of any taxicab to at all times keep such taximater accurate and have same approved by the Sealer of Weights and i4leasures before having placed in service. When any such taximeter ras bear. approved by the Sealer of ti7eights and Ivieasures, his seal or certificate shall be plainly posted on said taximeter for the infor-Liation of the public. Said Sealer of 'v~eights and Measures shall inspect all taximeters at least oncE a year and have the right to inspect them at any and all times. Section 19. TAXIPr1ETER INSTALLATIOr? AND CFIARGES REGULATED. Every taximeter shall be installed at the right side cf driver, and at such height that the flag thereof may be readily seen by observers on the street, and the reading face of such taximeter shall at all times be well lighted and readily discernible to the passengers riding in the taxicab. It shall be unlawful to change the sire of the wheels or tires of any taxicab or the gears operating the said taximeter, or to change tho taximeter from one taxicab to another, unless such ta~a~~leter is re-inspected and approved by the Sealer of Weights and Measures before using. Section 20. TAXIPIT;TER FLAG TO BE DISPLAYED: It shall be unlawful for any driver of a taxicab while carrying passengers or under employment to display the~flag attached to the taximeter at such a position as to denote such t~.xicab is not omployed or to throw t're flag of the taximeter at a recording position when such vehicle is not actually employed, or to fail to throw the slag of any such taximeter at a non-recording position at the termination of each and every service. Section 21. VEHICLES TO BE KEPT CLEAN AA1D PROPERLY EQUIPPED. All vehicles operating under authority of this ordinance shall be in8.peeted from time to time by 459 the Chief of Police for t4~e purpose of determining whether the same are clean, pro- 4 `7 0 perly equipped, of good appearance and in a safe condition for the transportation of passengers; and said Chief .of Police shall, at the time of such inspection, deter- mine for the guidance of the public ;;he classification and capacity of the vehicle inspected; and it shall be unlawful for any person to drive or operate, or engage in the business of operating any taxicab, unless and until the same has been inspected and approved by the Chief of Police. Section 22. AUTHORIZED FARES TO BE CHARCrED - PENALTY FOR VIOLATI02~: Any driver of a taxicab who shall charge any passenger a rate of fare other than provided for in Section 15 hereof shall, upon conviction thereof, be punished, in addition to the other penalties provided, by having his operator's license suspended for a period of not lass than six months or more than one year.. Section 23. DIRECT ROUTE TO BE TRAVELED - FARES NOT CHARGED WHEN VEHICLE DISABLED. Any driver of a taxicab employed to carry passengers to a definite point shall. take the most direct route pcs~ible that will carry the passenger safely and expeditious- . i ly to his destination. _ , In the event any veh icle described in this ordinance shall, while conveying for hire or reward any passenger or baggage, become disabled, or shall breast down, the time of stoppage shall be deducted from the charge. Section 21.x. RECEIPT OF FATE TO BE GIVEN. Whenever demanded by the passenger, the driver in charge of a taxicab shall deliver to the person paying for the hiring of said taxicab, at the time of such payment, a receipt therefor in legi~le printing or writing, cor_taining the name of the owner and his address, the name of the driver, the taximeter,n-umber and ny and all items for which a chargetlis made, the total amount paid and the date of payment. Section 25. REFUSAL TO PAY FARE. It small be unlawful for any person to refuse to pay the regular fare for a taxicab, after having hired the same. Section 26. CRUISING. It shall be unlawful for any person to cruise, drive, or operate a taxicab repeatedly or persistently to and fro upon any public street; or for any driver- of a taxicab to carry a guest or non-fare passenger; or for a taxicab driver to honk ;zis horn as a signal to fares after IIo'elock P.M. in the residential districts of the City of Eugene. Section 27. LIGf?T BAGGAGE COPNEYED. Every person being served vd. th a taxicab as herein provided shall be entitled to have conveyed ~oic. out charge ~Uc:: valises or small baggage as can be cel,Tar.'.::i~tly carried within the vehicle. He shall be entitled to he.ve a small trunk carried theron at a charge not to exceed twenty cents (20~). Each driver shall load and unload such baggage without ad- ditional charge. Any person cancelling a call for a taxicab after the-cab has been dispatched in answer thereto shall pay a calling charge of not less than twenty-five centf - (25r~ i • 4 71~ Section 28. REPOt~T OF LOST ARTICLES. The driver of any taxicab shall promptly notify the nearest police station within twenty-four hours, of all property of value left in his vehicle by any pass~~g~r. Section 29. LOAD LIA!~IT. No driver of any taxicab shall carry more than two persons in excess of the ordinary seating capacity for which said taxicab or vehicle was designed and built. No person or passenger shall be allowed to be or remain on the doors, steps or running board of any taxicab while the same is in motion. Section 30. DRIVER'S COAIDUCT. No driver of any taxicab shall drive or operate ti:e sane while intoxicated, or operate the same in a careless or reckless manner, or use cry profane or obscene language, or smoke without the consent of 'the passenger. Section 31. OBSTRUCTION OF TAXICABS, ETC. No person shall place cry vehicle in such relation to any taxicab as to cut cff or unreasonably obstruct entrance to or exit from such vehicle, or otherwise unreasonably interfere with the management of such vehicle. Section 32. SOLICITING FARES. Any driver licensed under this article while seated within his vehicle, may solicit patronage of passerby in a tore of voice louder than an ordinary conversational tone, but such driver shall not use any mechanical or noise making device of any kind to solicit patronage, nor shall he take hold of or obstruct t}ie way of sny person for the purpose of solicitation. Section 33. QUARTERLY REPORT: Each holder cf a taxicab license sY~ll file e quarterly with the Police Department of the City a report showing the number of licensed taxicabs in operation, those out of service and the reason therefor, and also the number of fares carried during the quarter. Section 34. Any person violating any of the provisions of this ordinance shall, upon conviction thereof in the tfunicipal Court, be punished by a fine not exceeding X200.00 or by imprisonment in the Gity jail for one day for each ~^c.00 ` ~~ of such fine unpaid. Section 35. SAVING CLAUSE. If any section, Subsection, subdivision, sentence clause or phrase of this ordinance is for any reason held to be unconstitutional or void, such decision shall not affect the validity of the remaining portions of this ordinance. Section 36. V~~hereas, it is necessary for the immediate preservation of the peace, health and safety of the City of Eugene that this ordinance become effective irunediately, therefore an emergency is hereby declared to exist, and this ordinance shall take effect immediately upon its passage by the Common Council and approval by the ivIayor, and it is so ordered. 5 Passed by the Common Council Approved by the T4ayor this this 21st day of P,Zay 22nd day of n4ay, 1946 ~s;~ John Fields /s/ Earl L. P~eNutt City ecorder b'~ayor