11.08.01. - Taxicab; definitions.
The term "taxicab", shall mean any motor vehicle whose owner or driver solicits, secures or accepts passengers for hire upon hail or request on the public streets in the city, to include limousine services. It does not include a vehicle such as a bus, street car, trackless trolley or other vehicle furnishing transportation to the public on a fixed schedule or route.
The term "taxicab board" or "board" shall mean the service-safety director, the code director, and the chief of police. The service-safety director will be the chairman of the board and the code director will be the treasurer and the chief of police will be the secretary of the board.
11.08.02. - Taxicab; business license fees.
Every person desiring to operate a taxicab or proffer the services of a taxicab shall obtain a license before engaging in such business and shall pay therefore the annual license fee provided herein, for each taxicab employed in such business, taxicab business license issued on or after July 1 or any year shall be issued at one-half the annual license fee herein provided. All fees are in addition to any fees required by the State of Ohio. Taxicab operator/driver fee is addressed in Section 11.08.08.
Cross reference— Penalty, see § 11.08.99.
- Taxicab business license fee $50.00 per vehicle used by the business at any point during the course of the calendar year (renew annually).
11.08.03. - Application for taxicab business license.
Each applicant for a taxicab business license shall present and file with the city code officer an application setting forth the information required of licensees by the general licensing provisions and in addition thereto the following:
(A)
The trade name under which he intends to do business;
(B)
The number of vehicles for which a license is desired with a description of each;
(C)
The markings or letterings to be affixed on each taxicab; and
(D)
Any other information required by rule or regulation of the board.
11.08.04. - Issuance of taxicab business license.
(A)
The taxicab board shall investigate and hold a hearing upon each new application for license. If they find from such investigation and hearing that the public convenience and necessity do not justify the operation of the vehicles for which license is desired, they shall forthwith notify the applicant of their finding. If they finds from such investigation and hearing that the public convenience and necessity do justify the operation of the vehicle or vehicles for which license is desired, they shall forthwith so notify the applicant. Within 60 days thereafter, applicant shall furnish and file with the code office the following:
(1)
A full description of each vehicle for which license is desired, the name of the current and previous owner, and the state license number of each such vehicle;
(2)
An unexpired official certificate from an authorized motor vehicle inspection station of the city, or if none exists from a neighboring city or a state vehicle inspection, that each such vehicle has been inspected and tested and found to meet the standards of safety fixed by state law and that each such vehicle is roadworthy and safe for operation as a taxicab;
(3)
The name of each person who will operate such taxi-cabs with the taxicab operator/driver's license number, of each such person, along with a sworn affidavit that all drivers, present and future, do not and will not have any convictions for an offense of violence as defined in Ohio Revised Code 2901.01, a felony drug conviction, a felony theft conviction, a felony sexual offense, or a driving while under the influence of drugs and/or alcohol conviction per guidelines issued by the board; and
(4)
A policy or policies of liability insurance issued for the life of the license applied for or longer, by a responsible insurance company, approved as to sufficiency by the board treasurer and as to legality by the solicitor, covering the taxicab and its owner and taxicab operator/driver for liability for loss resulting from the operation of each such taxicab to the extent of $50,000.00 on account of injury or death of one person in any one accident; $100,000.00 on account of injury or death of more than one person in any one accident; and $50,000.00 for property damage caused in any one accident.
(B)
In lieu of the policies of insurance above described, applicant may furnish a bond binding the principal and sureties to liability for damages to the extent of $50,000.00, $100,000.00 and $50,000.00 respectively, as above set forth, with at least two approved personal sureties or one approved corporate surety approved as to sufficiency by the board treasurer and as to legality by the solicitor.
(C)
Thereupon, the board treasurer shall examine such supporting information and documents, and being satisfied that applicant is the owner of any such vehicle, that the same is a safe and fit conveyance, and that satisfactory liability insurance or bond has been issued and is in force thereon, they shall, upon payment of the prescribed taxicab business license fee issue a license to the applicant, to be signed by the board treasurer, board secretary, and the service-safety director.
(D)
Taxicab business licenses are nontransferable.
(E)
A certified copy of such license shall be exhibited in a prominent place in each taxicab at all times.
(F)
It is the responsibility of the taxicab business owner to inform the board of any major changes in the business operation including but limited to change of address, or change in medical or psychological condition of the owner or any driver which would impact on the ability to operate a taxicab.
(G)
Any taxicab business operating without a taxicab business license or in violation of any other section of Chapter 11.08 will be guilty of an organizational misdemeanor. Each day of operating without a license will be considered as a separate offense. A subsequent offense within a two-year period will be considered an organizational fourth degree misdemeanor.
Cross reference— Penalty, see §§ 1.02.04, 1.02.05.
11.08.05. - Taxicab stands; call stations.
At the time of issuing the license, the board chairman shall designate regular parking spaces for the taxicab or taxicabs licensed to stand, and he may prescribe rules for usage of such stands suitable to applicant's business and agreeable with the public convenience and welfare. He may authorize installation of call stations at convenient locations.
11.08.06. - Rates; rules and regulations.
The board may establish schedules of maximum rates to be charged passengers for transportation. To establish or change passenger rates and additional charges for luggage/cargo, the taxi company owner will submit such rates to the board for approval, and may adopt such rules and regulations for the conduct of the business of licensed taxicab operators, as may be suitable to such business and for the promotion of the public convenience and general welfare of the city. Council at any time, by administrative order, may establish, amend, modify or rescind any such rate, requirement, rule or regulation.
11.08.07. - Displaying rates; excessive charges.
Every taxicab shall display at all times a printed list of the fares and rates to be charged passengers for transportation; and it shall be unlawful for any owner or driver to charge an amount in excess of such printed rates unless by mutual agreement between passenger and driver entered into before leaving the point of departure.
Cross reference— Penalty, see § 1.02.01.
11.08.08. - All taxicab drivers to be licensed.
(A)
Except for automotive technicians performing maintenance on a taxicab, no person under 21 years of age and no person other than a driver duly licensed as such under the laws of the State of Ohio, and having a valid city issued taxicab operator/driver's license shall operate a taxicab on any street of the city. Anyone operating without a taxicab operator/driver's license shall be guilty of a misdemeanor of the fourth degree.
(B)
Each driver of a taxicab shall obtain from the secretary of the board a taxicab operator/driver's license application and shall pay the required fee of $10.00. The fee shall be collected at the time such application is filed. An investigation will be concluded before the license is issued.
(1)
The application will include a copy of the current Ohio driver's license, social security number, and any other requested information.
(2)
The application will be investigated for accuracy by the police department and will include a local records check.
(3)
A BCI&I criminal history check must be submitted with the application; subsequent BCI&I history check must be submitted annually by each taxicab operator/driver to the secretary of the board (chief of police).
(C)
Applicants and current licensees must be free of any convictions for an offense of violence as defined in Ohio Revised Code 2901.01, a felony drug conviction, a felony theft conviction, a felony sexual offense, or a driving while under the influence of drugs and/or alcohol conviction per guidelines issued by the board. Applicants must also have a good driving record.
(D)
The taxicab operator/driver's license shall be prominently displayed in the taxicab.
(E)
Taxicab business licenses and operator/driver's licenses shall expire on December 31 of the year the license was issued.
(F)
This section does not apply when riders are picked up from or delivered to points outside the city.
(G)
The taxi company owner will be responsible for reporting any felony of DUI convictions of their employees. Failure to report may be grounds for the suspension of the taxicab business license.
Cross reference— Penalty, see § 11.08.99.
11.08.09. - Suspension or revocation of license.
Whenever a licensee shall violate a provision of this chapter or any rules, regulation or lawful order of the board, or shall for a period of 60 days fail to make a reasonable or consistent effort to operate any taxicab or taxicabs, fails to maintain the required insurance, fails to maintain the vehicle in a safe operating condition, or fails to abide by the sworn affidavit in Section 11.08.04(A)(3), or if the board deems that continued performance by the license holder is a threat to public safety the board chairman shall have power to temporarily suspend pending a hearing or revoke, following a board hearing, such license pursuant to the provisions of Section 11.05.02 herein. This power to suspend or revoke shall not limit the powers granted to the service-safety director elsewhere in this Code.
11.08.10. - Appeal and review.
In case any applicant has been denied a license, or if his license has been revoked or suspended, the applicant or licensee as the case may be, shall within three business days have the right to appeal to the council of the city from such denial, revocation or suspension. Notice of appeal shall be filed in writing with the Treasurer who shall fix the time and place for hearing, the same to be not later than one week thereafter. The treasurer shall notify the mayor and all members of council of the time and place of such hearing not less than 12 hours in advance thereof. Three members of council shall constitute a quorum to hear such appeal. The applicant may appear and be heard in person or by counsel. If, after hearing, a majority of the members of council present at such meeting declare in favor of the applicant, such license shall be forthwith issued or fully reinstated as the case may be; otherwise the order appealed from shall become final.
11.08.11. - Renewal of licenses.
(A)
All owners of taxicabs hereby licensed, at the completion of the year for which such license was issued, shall be entitled to a renewal for each succeeding year without a finding of convenience and necessity providing all other requirements of this Code have been complied with.
(B)
All drivers hereby licensed as taxicab operator/drivers, at the completion of the year for which such license was issued, shall be entitled to a renewal for each succeeding year providing all other requirements of this Code have been complied with.
(C)
All taxicab vehicle licenses, at the completion of the year for which such license was issued, shall be entitled to a renewal for each succeeding year providing all other requirements of this Code have been complied with and a current vehicle inspection will be required and a current proof of insurance will be required before a renewal is issued.
11.08.12. - Inspection.
(A)
The police department may inspect any taxi or taxi driver at any time. Such inspection will be for the purpose of determining:
(1)
The taxi license is current;
(2)
The taxi operator/driver is licensed;
(3)
The taxi is in safe operating condition per state motor vehicle inspection standards;
(4)
The operator/driver is not in violation of Section 11.08.04(A)(3) or 11.08.07.
(B)
Failure to pass an inspection for any reason listed in Paragraph (A) or any other violation of the taxicab regulations found during the inspection will be grounds for a suspension or revocation of the license pursuant to Section 11.08.09.
11.08.13. - Group riding and load restrictions.
(A)
No driver or operator of any taxicab operated under license of the city, except with the consent of the first party engaging the taxicab, shall accept other parties for transportation in the same taxicab to different destinations as that for which it shall have been engaged by the first party.
(B)
No taxicab operated in the city shall carry more adult passengers, including the driver, than its rated seating capacity.
Cross reference— Penalty, see § 1.02.01.
11.08.14. - Drivers not to refuse service.
No driver of a taxicab, when on duty and not engaged in rendering taxicab service to another, shall refuse to furnish trip service on demand for lawful reasons to any orderly person unless the person has been banned from service by the taxicab company.
Cross reference— Penalty, see § 1.02.01.
11.08.15. - Receipts to be furnished upon request.
No driver of a taxicab operating under a license granted by the city, if requested, shall refuse to deliver to the person paying for hire of the same, at the time of payment, a correct receipt therefore. Upon this receipt shall be legibly printed or written the name of the owner, a method of identifying the taxicab and its driver, all items for which the charge is made, the total amount paid and the date of payment. Every taxicab owner shall supply each of his taxicab drivers with blank receipts assembled in book form in such a manner so that for every receipt issued there will be a carbon duplicate or stub retained in such receipt book. Such duplicate receipt or stub shall be retained by the taxicab owner for at least six months.
Cross reference— Penalty, see § 1.02.01.
11.08.16. - Transporting illegal drugs or open containers of alcoholic beverages prohibited.
No taxicab operator/driver shall knowingly or recklessly use any taxicab to pick up or deliver illegal drugs or open containers of alcoholic beverages. Possession of such material within any taxicab may be grounds for the suspension of the license of such taxicab, the suspension of the taxicab operator/driver's license, and the taxicab business license, in addition to any other criminal penalties. Whoever violates this section shall be guilty of a misdemeanor of the fourth degree.
11.08.17. - Failure to pay fare.
No person shall refuse to pay the legal fare of any taxicab after having hired the same. No person shall hire any taxicab with intent to defraud the person from whom it is hired of the value of such service. Whoever violates this section shall be guilty of a misdemeanor of the first degree.
11.08.18. - Falsification.
Any person who supplies false information on an application for a license in this section shall be guilty of falsification, a misdemeanor of the fourth degree.
11.08.19. - Exclusions.
The taxicab regulations do not apply to companies making one-way transports of persons from or to the City of Athens to or from points outside Athens.
11.08.20. - Penalties.
Any violation of Chapter 11.08 unless otherwise designated shall be deemed a minor misdemeanor pursuant to Ohio Revised Code Section 2929.21(D), and each day of continued violation is deemed a complete and separate offense. Where designated, the violation shall be deemed an organizational offense pursuant to Sections 1.02.04, 1.02.05 and ORC 2901.23.
