BISTERFELDT, CLEGG, EBERLE, JORDAN, TIBBS AND SHEALY

Transcription

1 ORDINANCE NO. BY THE COUNCIL: BISTERFELDT, CLEGG, EBERLE, JORDAN, TIBBS AND SHEALY AN ORDINANCE REPEALING AND REENACTING BOISE CITY CODE TITLE 5, CHAPTER 24 TO: DELETE OUTDATED SECTIONS, INCLUDE NEW DEFINITIONS, NEW REQUIREMENTS FOR OBTAINING A TAXICAB LICENSE, AND SPECIFIC REQUIREMENTS FOR INSURANCE CARRIED BY TAXICAB OWNERS AND OPERATORS; TO CREATE AND ADMINISTER NO PICKUP/DROPOFF ZONES IN SPECIFIC AREAS AT SPECIFIC TIMES; TO INCLUDE A GEOGRAPHIC KNOWLEDGE COMPONENT IN THE TAXICAB LICENSE APPLICATION REQUIREMENTS; TO PROVIDE MORE CLEAR REQUIREMENTS FOR THE MEDICAL CERTIFICATE TO BE OBTAINED AS A PART OF THE TAXICAB LICENSE APPLICATION PROCESS; TO AMEND EXISTING SUSPENSION AND REVOCATION SECTIONS FOR CONSISTENCY AND CLARITY, AND TO INCLUDE A TEMPORARY SUSPENSION SECTION; TO INCLUDE INFRACTION PENALTIES FOR SPECIFIC VIOLATIONS; APPROVING A SUMMARY OF THE ORDINANCE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Boise City Code Title 5, Chapter 24 contains the local laws governing taxicabs owned and/or operated within the City of Boise; and WHEREAS, certain provisions of Boise City Code Title 5, Chapter 24 have become outdated; and WHEREAS, updating Boise City Code Title 5, Chapter 24 is essential to maintain and promote the public health and safety of citizens in downtown Boise; and WHEREAS, updating Boise City Code Title 5, Chapter 24 is essential to preserve the continued vitality and growth of downtown Boise. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO: Section 1. That Boise City Code Title 5, Chapter 24 is hereby repealed and reenacted to read as follows:

2 Chapter 5-24: TAXICABS; TAXI DRIVERS Sections: DEFINITIONS TAXICAB BUSINESS LICENSE REQUIRED; APPLICATION AND QUALIFICATIONS INSURANCE LICENSE FEES LICENSE; TRANSFER VEHICLE INSPECTION APPROVED COLOR SCHEME, NAME AND NUMBER VEHICLES LICENSED ELSEWHERE TAXIMETERS UNLAWFUL CHARGES FARE; RATE UNLAWFUL PRACTICES TOP LIGHT (FOR HIRE SIGNAL) DAILY RECORD TAXICAB STANDS TAXICAB DRIVER'S LICENSE DRIVER'S APPLICATION AND QUALIFICATIONS MEDICAL CERTIFICATE DUTIES OF TAXICAB DRIVER LICENSE LIMITATION OR RESTRICTIONS DRIVER'S DRESS CODE DENIAL, SUSPENSION AND REVOCATION OF A LICENSE PENALTY Section DEFINITIONS For the purposes of this Chapter, the following terms, phrases, words and derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. A. Applicant A person making application for a license, or the renewal thereof,

3 1. To own or lease and maintain a taxicab, or 2. To operate or drive a taxicab. B. Driver: Any person who drives or who is in actual physical control of any vehicle used as a taxicab. C. In-Service A taxicab that is actually in use on the city streets, with a driver, and available for the transportation of passengers or parcels for hire. D. Fare Money or other value given in exchange for transporting a person or passenger pursuant to a Taxi Vehicle license, based upon the calibrations of a tested and sealed taxi meter engaged at the beginning of the trip and terminated at the end of the trip using rates as outlined in this chapter. Discounts may be applied to the calculated fare as pre-arranged by the taxi operator and their customer which can result in a charge lower than the calculated fare, but, never higher. E. Insurance An automobile liability policy for each licensed vehicle in the amount designated within this chapter combined single limits written by an insurer authorized by the State of Idaho to write insurance policies, and continuously in force for the full term of each vehicle license. F. Licensee A person having a City license in full force and effect issued hereunder for: 1. Owning or leasing and maintaining a taxicab, or 2. Operating and driving a taxicab. G. Licensing Officer The City Clerk or City Licensing Enforcement Specialist. H. Open Stand A place alongside the curb of a street or elsewhere which has been designated and reserved exclusively for the use of taxicabs. I. Person

4 Any person, firm, partnership, association, corporation, company or any organization of any kind. J. Rate Card A card or display in each taxicab which contains the rate of the fare then in force. K. Taxicab Any motor vehicle at least a front and rear seat, capable of carrying 3 or more passengers, regularly engaged in the business of carrying passengers for hire between points and over such route as may be directed by a passenger, available for hails or otherwise not requiring prearranged appointments and not operated on a fixed route. L. Taximeter A meter instrument or device attached to a taxicab which measures mechanically or electronically, the distance driven and the waiting time upon which the fare is based. M. Top Light A display device permanently attached to the center front of a taxi vehicle s exterior roof that is illuminated when the taxi meter is activated and whose illumination is sufficient to be clearly seen at night. The device must act in unison with the taxi meter to indicate service status. N. Waiting Time As herein used shall mean the time when a taxicab is not in motion, beginning with the time of arrival at the place to which the taxicab has been called, or the time when the taxicab is standing or waiting at the direction of the passenger, or forced to stand. Section TAXICAB BUSINESS LICENSE REQUIRED; APPLICATION AND QUALIFICATIONS A. It shall be unlawful for any person to conduct, operate or maintain, or permit to be conducted, operated or maintained, or to participate in the conduct, operation or maintenance of, a taxicab within the City unless a valid license therefore has been issued as herein provided and which is in full force and effect. B. Application for such license shall be made to the City Clerk in such form and manner as may be prescribed but the application shall include the name and address of the applicant, and if a partnership, the names and addresses of each

5 partner, and if a corporation or association, the names and addresses of the principal stockholders; the name of the operating manager; a statement of the number of vehicles to be operated, an active telephone number, and such other information as may be required. An applicant who does not possess a current license as outlined by this Chapter shall be required to be fingerprinted by an appropriate agency to be designated by the Licensing Officer. Cost of taking and processing such fingerprints shall be borne by the applicant. The City Clerk is authorized to perform or request criminal history checks of any applicant including a national background check by the Federal Bureau of Investigation. Pursuant to Idaho Code Section the City Clerk may forward an applicant s fingerprints through the Idaho Department of Law Enforcement to the Federal Bureau of Investigation Identification Division for a national background check. Unless otherwise provided for by law, criminal history records shall not be disseminated to a private entity. C. No person shall be issued a license to own or lease and maintain a taxicab when that person: 1. Is under the age of eighteen (18) years; 2. Is not the bona fide owner or lessee of such taxicab; 3. Has had a similar license revoked by this City or any other city of this State or of the United States within the preceding five (5) years. 4. Has been, within five (5) years prior to the date of making application for such license, convicted of or received a withheld judgment for any felony. 5. Has been, within five (5) years prior to the date of making application for such license, convicted of or received a withheld judgment for any misdemeanor, involving: a. the use of force against the person or property of another; b. the threat for force against the person of another; c. theft or larceny; d. the use, possession or sale of illicit drugs; e. possession of a concealed weapon; or,

6 f. illicit sexual activity. 6. Has, at the time of such application, an outstanding warrant or is currently serving a term of probation and/or parole. 7. Has ever been: a. required to register as a sex offender, pursuant to the Sexual Offender Registration Notification and Community Right-to-Know Act, Idaho Code , et seq., and the Juvenile Sex Offender Registration Notification and Community Right-to-Know Act, Idaho Code , et seq.; or b. convicted of or received a withheld judgment for any felony or misdemeanor involving the sexual enticement of minors. D. The affirmative showing required with respect to the qualifications of an applicant shall also be required to be made with respect to each partner of a partnership application and to each incumbent officer, director or member of the governing board of a corporation or association application. E. A taxicab license shall not be issued to a person who, at the time of application for renewal of a license issued hereunder would not be eligible or qualified for such license upon a first application, and a licensee must continue to have and maintain all the qualifications and none of the disqualifications provided herein throughout the license period or the license will be subject to suspension or revocation as outlined in Boise City Code, Title 5, Chapter 2. F. The applicant must maintain a telephone number which is answered during the hours his taxicab is in operation, and such telephone number must be provided to the Licensing Officer. Such telephone number may be an answering or dispatch service. G. If the applicant meets all of the qualifications and none of the disqualifications, the City Clerk will issue, upon application and payment therefore, a taxicab license. A provisional license may be issued pending completion of the required investigation. H. The license of any taxicab not in service for fifteen (15) consecutive days shall be deemed abandoned and such license shall revert to the City for reissue unless the

7 owner or agent of such taxicab notifies the City Clerk prior to the expiration of the fifteen (15) days that such taxicab is out of service due to major mechanical or structural damage requiring in excess of fifteen (15) days to repair. In the event that such notification is given, the licensee shall have a reasonable period of time to place said taxicab back in service. In the event that said taxicab is not placed back in service within a reasonable period of time, to be determined by the City Clerk, such taxicab license shall be deemed abandoned and shall revert to the City for reissue. Those Taxicab owners who are sole operators, employ no employees, do not lease their taxicab may in writing request permission from the City Clerk's Office to exceed the fifteen (15) days not in service limit under special circumstances such as a death in the family or other emergency situation. Section INSURANCE A. Each taxicab vehicle operating within the City shall be continuously insured under a motor vehicle liability policy of insurance, issued by an insurance carrier duly authorized to do business in the State of Idaho, which provides coverage in the amount of $500,000, general liability, combined single limits. B. Every taxicab licensee shall tender to the City Clerk a certificate of insurance designating the vehicle or vehicles covered and certifying that insurance in the amounts specified herein is in effect. Said certificate of insurance shall specify as the certificate holder the City of Boise, P.O. Box 500, Boise, Idaho The failure of any licensee to tender such certificate or maintain valid insurance for all vehicles owned, operating and licensed pursuant to this chapter shall be grounds for revocation or suspension of any and all taxicab license(s) as outlined in Boise City Code, Title 5, Chapter 2, and this Chapter. C. No taxicab license shall be issued or renewed and no quarterly inspection certificate shall be issued until a certificate of insurance certifying that the taxicab vehicle is insured as herein provided is tendered to the City Clerk. D. Every taxicab licensee shall immediately notify the City Clerk of the voluntary or involuntary cancellation of any certificate of insurance on licensed taxicabs. In addition to other prescribed penalties for violations of this Ordinance, failure to so notify the City Clerk shall be grounds for revocation or suspension of the taxicab license. Section LICENSE FEES

8 A. The application for a license to own and/or operate a taxicab vehicle within the City shall be accompanied by a non-refundable license fee in an amount established by the Boise City Council and listed on the most current City Clerk License Fee Schedule. The license fee required herein shall be assessed on or before the date the license is issued and shall cover from the date the license is issued until expiration of the license on June 30 of each year. A renewal of such license shall be issued by the City Clerk upon payment of the license fee on or before June 30 of the year for which such renewal is desired. B. The application for a taxicab driver license shall be accompanied by a nonrefundable license fee in an amount established by the Boise City Council and listed on the most current City Clerk License Fee Schedule. The license herein required shall expire at the end of one (1) year from the date of issuance. Section LICENSE; TRANSFER A. No license issued to own and operate a taxicab vehicle may be transferred or leased, without the prior approval of the Licensing Officer. B. A license issued to own, lease, and operate a taxicab may be transferred to another person upon their successful completion of the application process. C. An applicant for a transfer of a license to own and operate taxicab shall show the same qualifications and none of the disqualifications for a license as in the initial application. A nonrefundable application fee in an amount established by the Boise City Council and listed on the most current City Clerk License Fee Schedule shall accompany the application. D. Transfer of a taxicab license from one vehicle to another vehicle shall be accompanied by a transfer fee in an amount established by the Boise City Council and listed on the most current City Clerk License Fee Schedule. Prior to the issuance of a license, the new vehicle must be inspected as required by this Chapter; a certificate of insurance and the transferred vehicle's license must be submitted with the application. Section VEHICLE INSPECTION No vehicle shall be issued a license as a taxicab until that vehicle has been inspected in accordance with the following requirements, and found to be in acceptable condition. The inspection of a taxicab vehicle shall be made at a time and place to be designated by the Licensing Officer. It shall be unlawful to substitute equipment or parts

9 subsequent to inspection unless such substituted equipment or parts are in equal or better condition than the equipment or parts being substituted or replaced. A. Mechanical: 1. Tires Tires must not have cuts, breaks, or show excessive uneven wear. Tire wear bars must not be showing. Tire tread depth shall not be less than two/thirty-seconds (2/32) of an inch of an original tire. The vehicle must have a spare tire, fully inflated, and in the same condition as required above. Tires must all be of the same type (either radial or bias). 2. Body Condition The body must be in good condition, free of holes and torn metal. Both a front and a rear bumper must be firmly attached. No extensive unrepaired body damage will be allowed. Vehicle shall be completely and properly painted, in conformance with the color scheme approved by Lights Headlights shall be intact and operable on both high and low beam. Tail lights, parking lights, brake lights, top light, and signal lights shall be intact and operable. An interior light capable of illuminating the interior shall be operable. 4. Wipers Both windshield wipers shall be in good condition, and operable. 5. Brakes Both the parking brake and all four wheel brakes must be in good condition and operable. Brake shoes or pads must have a safe amount of wear left. Break pedal travel shall be no more than two and one half (2 1/2) inches. 6. Steering There shall not be more than three inches of free play when turning the steering wheel from one side to the other. 7. Exhaust System Mufflers shall not have any holes, and shall be firmly attached to the exhaust and tail pipes. Exhaust pipes shall be firmly attached to the engine, and free of leaks. Tail pipes shall extend beyond the passenger

10 compartment, fully to the rear of the vehicle. All emission control devices shall be attached and in proper working order. 8. Windows The windshield shall be free of cracks or chips that interfere with the driver s vision. Door windows shall be free of cracks and operable as they were intended by the manufacturer. 9. Door Handles All door handles and latches shall be operable from both the inside and outside of the vehicle. 10. Seat Belts The vehicle shall be equipped with sufficient seat belts to provide safety to each passenger, and be in accordance with Idaho law. 11. Suspension The suspension system shall be maintained so that there are no broken or weak springs, or weak or defective shock absorbers. B. Appearance 1. Engine Compartment The engine compartment shall be kept reasonably clean and free of uncontained combustible material. 2. Exterior The exterior shall be kept clean and well maintained. 3. Interior The interior shall be kept clean and free of litter. The seats and upholstery shall be kept clean and free of holes and tears. C. Taximeter The taximeter will be inspected to see that it conforms to the requirements contained in , and must be calibrated and tested for each fare described in D. Inspection and Inspection Fees

11 1. All taxicab vehicles must be in compliance with Ada County motor vehicle emission regulations regardless of where the vehicle itself is registered, and must have a valid certificate of compliance, in addition to the inspection requirements listed above. 2. The inspection required by this section shall be performed prior to the issuance of a taxicab license, and calendar quarter thereafter. The calendar quarters are the periods of January thru March, April thru June, July thru September and October thru December. The required quarterly inspection shall be completed prior to the beginning of the next quarter. The requirements of this section shall be maintained throughout the inspection quarter. 3. The initial vehicle inspection shall be accompanied by a fee in an amount established by the Boise City Council and listed on the most current City Clerk License Fee Schedule. The nonrefundable fee shall be collected in advance of the inspection. If the inspection results in the need for a reinspection of the vehicle, a reinspection fee in an amount established by the Boise City Council and listed on the most current City Clerk License Fee Schedule shall be charged and if the reinspection requires elevation of the vehicle or a reinspection of the taximeter an additional fee in an amount established by the Boise City Council and listed on the most current City Clerk License Fee Schedule shall be charged. Section APPROVED COLOR SCHEME, NAME AND NUMBER Each owner of a licensed taxicab vehicle or fleet of vehicles shall submit a distinctive and uniform color scheme to the City Clerk for approval prior to making application for a taxicab license under Title 5 of the Boise City Code. Each designated color scheme shall not conflict with or imitate any color scheme, monogram, name or insignia used by another concern, unless approved by such concern, in such a manner as to be misleading or tend to deceive or defraud the public. The body of each taxicab shall have, painted upon it or permanently affixed to it by means of a plate or other device approved by the City Clerk, the trade name under which the owner operates, together with the cab number of the vehicle. All the lettering mentioned in this paragraph shall not be less than two inches (2") in height. New, additional or repainted vehicles will conform to the approved scheme, and all vehicles shall display the approved scheme, trade name and cab number at the time of inspection. Section VEHICLES LICENSED ELSEWHERE

12 Taxicabs licensed by a municipality other than Boise City may transport passengers from outside of the City to a destination within the City. It shall be unlawful for the owner or driver of any such taxicab to seek or accept passengers within the City except such passengers whose destination is directly to a point in such other municipality; provided, however, that this Section shall only apply to taxicabs licensed by a municipality which grants reciprocal rights to taxicabs licensed by the City. Section TAXIMETERS A. It shall be unlawful, except as provided by Section of this Chapter, for any person to drive or operate, or permit or allow the operation of, a taxicab for hire upon the public streets of the City unless such taxicab is equipped with a taximeter as provided by this Chapter. B. Each taxicab shall be equipped with and have affixed thereto a taximeter which automatically registers the amount of the fare, which amount of fare shall automatically be computed and registered in proportion to the miles traveled by the taxicab, or which amount of fare shall automatically be computed and registered by a combination of miles traveled and time elapsed, and such charge or amount of fare in dollars and cents shall be indicated by means of figures. C. Each taximeter shall be installed so the taximeter and the amount of fare shall be plainly visible to the passengers riding in the taxicab. The face of the taximeter shall be illuminated by a suitable light. D. Taximeters shall be connected with and operate from a wheel or from the transmission of the motor of the taxicab. E. The taximeter shall be inspected, tested and the case sealed by the city shop or an individual designated by the City Clerk. It shall be unlawful for any person to tamper with or alter any gear, wheel, or other part of a taxicab or taximeter which would alter or cause the alteration of the rates set forth in this Chapter. It shall further be unlawful to change any taximeter from one taxicab to another unless such taximeter is reinspected, tested and resealed. F. It shall be the duty of the owner of the taxicab to have the taximeter inspected and approved as provided in this Section or (C), with such inspection conducted in connection with the vehicle inspection required by Section

13 G. No person shall drive or operate, or permit the operation of, a taxicab for hire with a taximeter, the case of which is not sealed, as in this Chapter provided, or which does not have its cover and gear intact. Section UNLAWFUL CHARGES A. Except as provided in this Chapter, it shall be unlawful for any person to charge, demand, collect or receive any rate, fare or charge which is not directly based, measured and computed upon the record or meter of the taximeter used in the taxicab, subject to the exceptions in this Chapter provided for additional passengers. B. Unless specifically hired on an hourly basis by the customer before the beginning of the trip, a taximeter shall be activated and used in all cases where the taxicab vehicle is employed to convey a passenger or passengers. Any discounted fare made by pre-arrangement with a customer prior to the beginning of the trip can result in a charge lower that the calculated fare, but never more than the calculated fare. C. All drivers of taxicabs employed to carry passengers to a definite point shall take the most direct route possible that will carry the passenger safely and expeditiously to his destination, and no other method or means of measuring or computing distance or time shall be used or employed except as in this Chapter provided. Section FARE; RATE There shall be posted in a conspicuous place in each taxicab a rate card or sticker, of not less than four inches by six inches (4" x 6") in size, printed in legible type, furnished by the City Clerk, stating the rate provisions set forth in this Chapter for taxicabs and the taximeter shall be so set that the rate or fare shall not be in excess of the following schedule: A. An initial charge of two dollars ($2.00) for which one (1) or two (2) passengers shall be entitled to transportation for a distance of one-twelfth (1/12) of a mile or a waiting time of not to exceed two (2) minutes. The initial charge (drop charge) may be increased by twenty cents ($0.20) per trip when the average self service pump price of leaded/unleaded gasoline exceeds one dollar ($1.00) per gallon in Boise City and increased by twenty cents ($0.20) for every one dollar increase per gallon thereafter. That price shall be established as follows: The Oil Price

14 Information Service (OPIS) price plus current state and federal taxes plus ten cents ($0.10); B. Subsequent to the initial charge, the rate of fare shall not exceed two dollars and ten cents ($2.10) per mile, or fraction thereof, and forty cents ($.40) for each minute, or fraction thereof, waiting time; C. The rates or fares provided in subsections A. and B. of this Section are the totals to be charged for one (1) or two (2) passengers. For each extra passenger there shall be an additional charge not to exceed one dollar ($1.00); D. Whenever a taxicab is engaged solely on an hourly basis for use within the corporate limits of the City, the fare shall not exceed the rate of thirty dollars ($30.00) per hour regardless of the number of passengers; E. Whenever a taxicab is engaged, each passenger shall be entitled to have conveyed, without charge, two (2) items of luggage, which may be either valises, suitcases, bags, or a folding wheelchair and shall be entitled, at the option of the driver, to have additional items of luggage, which may be either valises, suitcases, or bags, or a folding wheelchair carried at a charge not to exceed fifty cents ($.50) for each valise, suitcase, bag, or folding wheelchair in excess of two (2) per person; F. No charge for waiting time shall be made for time lost or used on account of inefficiency of the taxicab, or its operation or premature answer to call. G. Whenever requested by a passenger, the driver of a taxicab shall be prepared to provide a receipt for fares charged. The receipt shall be on a form that provides the name of the driver, the date and time of the fare, and the amount of the fare. The form shall also identify the name of the taxicab company, and the related taxicab company vehicle number. The driver shall also be prepared to provide change if requested by the passenger, or have a notice posted clearly visible by a passenger that change cannot be provided; H. No taxicab rate shall be charged within the corporate limits unless it complies with this Chapter; I. Charges for passengers other than those first employing the taxicab shall be as follows:

15 1. If the destination is the same as the original passenger(s) at the rate of one dollar ($1.00) for each extra passenger and fifty cents ($.50) for each extra valise, suitcase, bag, or folding wheelchair, or 2. If the destination of the additional passenger(s) is beyond the destination of the original passenger(s) upon discharge of the original passenger(s), the meter may be reset and charges made at the rates provided in this Section, or 3. If the destination is before the destination of the original passenger(s), the additional passenger(s) shall pay the fare on the meter at their destination and upon discharge of the additional passenger(s), the meter shall be reset and the original passenger(s) shall be charged at the rates provided in this Section from that point to their destination. J. As established by Boise City Code , taxicab fares departing the Boise Air Terminal shall be charged an additional surcharge of one dollar ($1.00). Consistent with Boise City Code , this surcharge or per entrance fee will be raised to one dollar and fifty cents ($1.50) effective May 1, K. There may be, at the discretion of the City Council, a review of taxicab rates on or about June 30 of each year. This review will be based on changes in the Producer Price Index for the following specified categories: insurance, mechanics, automobile parts, tires, and dispatch or communication devises. The base index for this adjustment shall be March, Section UNLAWFUL PRACTICES It shall be unlawful for any person to: A. Permit or allow any person, or for any person to ride on the fenders, hood or any place on the outside of a taxicab. B. Refuse to pay the regular fare or charge for a taxicab after having hired or employed the same. C. Carry or transport any person other than those first employing the taxicab unless the person or persons first employing the taxicab shall consent to the acceptance of an additional passenger or passengers.

16 D. Permit more persons to be carried in a taxicab as passengers than the rated seated capacity of the taxicab, except that a child in arms shall not be counted as a passenger. E. Refuse or neglect to convey on public or quasi-public roads any orderly person or persons upon request, unless previously engaged, except that every driver shall have the right to demand legal fare in advance if he has reasonable grounds to believe that the fare will not be paid at the completion of the run. F. Verbally attempt to divert patronage from one hotel, motel or business to another. G. Violate any law, rule, or airport management practice authorized by law concerning the conduct of persons owning, operating or having charge of taxicabs on or about airport premises. H. Permit any person other than a person licensed by this Chapter, to operate or drive a taxicab while in service. I. Solicit any person, or to assist in the solicitation of any person, to participate in any illicit, immoral, or unlawful sex act. J. Operate or drive a taxicab while consuming, or affected in any way by, any alcoholic beverage, illegal drug, or legal drug which impairs the ability to operate a motor vehicle and for which such warning is published on the product's label, or to sell or provide any alcoholic beverage or illegal drug to a passenger, or to allow any passenger to consume any alcoholic beverage or illegal drug. K. No person owning or operating a taxicab business shall employ a taxicab driver unless such driver is licensed as required by this Chapter. L. Not fully comply with any provision of Title 5, Chapter 24 of the Boise City Code. Section TOP LIGHT (FOR HIRE SIGNAL) Every taxi vehicle shall be equipped with a top light activated with the taximeter to denote whether or not such taxicab is for hire. It shall be unlawful for any driver, while carrying passengers or while under employment, to illuminate a top light so as to denote that such vehicle is not employed. The top light must be permanently affixed on the roof of the taxi vehicle, clearly visible from the vehicle, and illuminated so it is visible at night.

17 Section DAILY RECORD All licensees shall keep a daily record of all calls made and passengers transported which daily record shall show the time and place when and where the passenger was secured and the place where the passenger was taken, and the number of passengers, which record shall be kept by the licensees at their places of business for at least six (6) months, and which record shall be open at any and all times for inspection by any designated officer of the City. Section TAXICAB STANDS A. Open Stands 1. The City Clerk, with the consent of the Boise City Parking Control Office, is hereby authorized and empowered to establish open stands in such place or places upon the streets of the City as may be deemed necessary for the use of taxicabs and the convenience to the general public. That office shall, in consideration of the need for such stands by taxicabs and the convenience to the general public, prescribe the dimensions of said stand by which to accommodate the number of cabs which shall occupy an open stand. 2. Open stands shall be used by the drivers of taxicabs on a first come first served basis. The drivers shall pull into the open stand from the rear and shall advance forward as the cabs ahead pull out. B. Unlawful Use of Stands It shall be unlawful for any person to: 1. Park a taxicab upon any street, alley or public place in the City where the time for parking is restricted, except in a designated stand or during the time necessary for receiving and discharging passengers at the curb; or 2. Mark out or extend any curb marking designating in any way a taxicab stand. 3. Occupy or use any taxicab stand with any vehicle except a taxicab, licensed by this Chapter.

18 C. No Pick-up/Drop-off Zones 1. To ensure the public safety of pedestrians, taxi customers, and passengers in regular vehicular traffic, the following areas are designated No Pickup/Drop-off Zones from 9 p.m. on Friday until 5 a.m. on Saturday and 9 p.m. on Saturday until 5 a.m. on Sunday: a. On Main Street between Capitol Boulevard and 5th Street; b. On 6th Street between Main Street and Grove Street. 2. During the hours and within the areas designated above, taxi vehicles shall not drop-off or pick-up any passengers or group of passengers. Taxicab vehicles shall not occupy any designated parking space during the hours and within the areas designated above for the purpose of picking up or dropping off any passenger or group of passengers. Taxicab vehicles shall utilize the nearest designated taxicab stand or proceed to an area outside any No Pick-up/Drop-off Zone for the purpose of picking up or dropping off any passenger or group of passengers. Section TAXICAB DRIVER'S LICENSE A. Every person desiring to drive, operate or have charge of a taxicab within the City limits shall make application to the Licensing Officer for a license to do so. Such application shall be made upon blanks furnished by the Licensing Officer and shall be filled out and signed by the applicant in the applicant's handwriting. B. Upon approval by the Licensing Officer, a taxicab driver s license shall be issued to the applicant. Such license shall contain the applicant s full name, physical description, and a photograph of the applicant which is a reasonable likeness. A taxicab driver's license issued hereunder shall expire one year from the date issued and each anniversary date thereafter if renewed. The Licensing Officer may issue the applicant a provisional taxicab driver s license pending completion of the required application process and background investigation. A provisional taxicab driver s license issued under this Section shall expire upon issuance of a taxicab driver s license, upon denial of such license by the Licensing Officer, or at the end of thirty (30) days from issuance. Section DRIVER'S APPLICATION AND QUALIFICATIONS

19 A. It shall be unlawful for any person to drive, operate or have charge of a taxicab unless a valid State of Idaho driver s license is held by the operator and a valid City license has been issued as provided herein and both of which are in full force and effect. B. Application for such license shall be made to the Licensing Officer in such form and manner as may be prescribed, but the application shall include the name and address of the applicant, the length of time of residence in the City, the last place of employment with the name and address of the employer, whether the applicant has previously been licensed as a driver, and such other information as may be required. An applicant who does not possess a current license as outlined by this Chapter shall be required to be fingerprinted by an appropriate agency designated by the Licensing Officer. Cost of taking and processing such fingerprints shall be borne by the applicant. The City Clerk is authorized to perform or request criminal history checks of any applicant including a national background check by the Federal Bureau of Investigation. Pursuant to Idaho Code Section the City Clerk may forward an applicant s fingerprints through the Idaho Department of Law Enforcement to the Federal Bureau of Investigation Identification Division for a national background check. Unless otherwise provided for by law, criminal history records shall not be disseminated to a private entity. C. Upon receipt of an application for a license the Licensing Officer shall cause an investigation to be made to the extent necessary to determine whether the applicant is qualified to drive, operate or have charge of a taxicab. D. No person shall be issued a license to drive, operate or have charge of a taxicab when that person: 1. Is under the age of eighteen (18) years. 2. Has had a similar license revoked by this City or any other city of this State or of the United States within the preceding five (5) years. 3. Has been, within five (5) years prior to the date of making application for such license, convicted of or received a withheld judgment for any felony. 4. Has been, within five (5) years prior to the date of making application for such license, convicted of or received a withheld judgment for any misdemeanor, involving:

20 a. the use of force against the person or property of another; b. the threat of force against the person of another; c. theft or larceny; d. the use, possession or sale of illicit drugs; e. possession of a concealed weapon; or f. illicit sexual activity. 5. Has at the time of such application an outstanding warrant or is currently serving a term of probation and/or parole. 6. Has ever been: a. required to register as a sex offender, pursuant to the Sexual Offender Registration Notification and Community Right-to-Know Act, Idaho Code , et seq., and the Juvenile Sex Offender Registration Notification and Community Right-to-Know Act, Idaho Code , et seq.; or b. has ever been convicted of or received a withheld judgment for any felony or misdemeanor involving the sexual enticement of minors. E. No license shall be granted to any applicant where satisfactory proof is submitted that such applicant operates motor vehicles in an unskillful, dangerous or reckless manner, or habitually uses intoxicating liquor or drugs, or who repeatedly violates the laws of the City relating to traffic or to this Chapter. F. A taxicab driver s license shall not be issued to a person who, at the time of application for renewal of a license issued hereunder would not be eligible or qualified for such license upon a first application, and a licensee must continue to have and maintain all the qualifications and none of the disqualifications provided herein throughout the license period or the license will be subject to suspension or revocation as outlined in Boise City Code, Title 5, Chapter 2. G. No license shall be granted to any applicant who fails to achieve a score of at least seventy percent (70%) correct on a general geographic knowledge exam. The general geographic knowledge test shall be developed and administered by the

21 City Clerk or their designee. The general geographic knowledge test shall be administered during the license application process. Potential applicants shall pay a fee according to the City Clerk s fee schedule to cover the cost of administering the test. The fee shall be in addition to any other licensing application fees. The general geographic knowledge test shall be developed and administered to test an applicant s ability to determine the shortest driving route between established city landmarks. Section MEDICAL CERTIFICATE At the time of application or renewal, each applicant for a taxicab driver license shall submit with the application a current Department of Transportation (D.O.T.) medical card from a licensed physician specifically stating that the applicant has met all of the physical requirements as outlined in the Code of Federal Regulations 49 CFR Part Such medical card shall remain current for the entire licensing period. Any restrictions or requirements on the operation of a motor vehicle assigned to the applicant by the examining physician or the Idaho state driver s license shall also be applicable to any license issued under this chapter. Section DUTIES OF TAXICAB DRIVER It shall be unlawful for a licensee to fail or neglect to have his license card posted in the vehicle whenever the licensee is driving, operating or in charge of any taxicab, so as to be in full and clear view of any passenger in the rear seat of the taxicab, or to permit the use or possession of the license by another, or to fail or refuse upon demand of any City officer, police officer, peace officer, sheriff, deputy sheriff or passenger to exhibit the license for inspection. Section LICENSE LIMITATION OR RESTRICTIONS The Licensing Officer shall have the power to issue a license approved by this Chapter with limitations or restrictions relative to the nature of the license issued. Section DRIVER'S DRESS CODE Each taxicab driver so licensed by this Chapter while operating a taxicab inservice shall conform to a dress code established by the City Clerk. Such dress code shall consist of: A. shirt, blouse, with a collar, either long or short sleeve; tank tops will not be acceptable;

22 B. slacks, jeans, Bermuda shorts, skirt, and/or dress. Other shorts or cutoffs will not be acceptable; C. all clothing must be clean without holes, patches or mended; D. shoes must be worn, and sandals or thongs will not be acceptable. Such clothing must be clean and not torn; E. hair, beards, and mustaches must be kept clean and neatly trimmed. Section DENIAL, TEMPORARY SUSPENSION, OR REVOCATION OF LICENSE A. Upon denial by the Licensing Officer of any license application under this Chapter, the applicant shall have the right to appeal such denial. Appeal procedures shall follow those contained within Boise City Code Title 5, Chapter 2. B. Any licensed owner or licensed operator of a taxicab vehicle within Boise City who pleads guilty to, is found guilty of, or receives a withheld judgment for any of the following infractions or crimes may have their taxicab license revoked and be ineligible for reapplication or reinstatement of their taxicab license for a period of five (5) years: 1. Conducting, operating, maintaining, or permitting the operation of an unlicensed taxicab; or 2. Violating Idaho Code or C, regardless of the type of vehicle the licensee was operating at the time of the violation; or 3. Violating any provision of this Chapter. C. Revocation procedures shall follow those outlined in Boise City Code Title 5, Chapter 2. D. Any licensed owner or licensed operator of a taxicab vehicle within Boise City who violates any provision of the Idaho Code or the Boise City Code, in addition to i) the criminal or civil penalties prescribed by law for such violation, and ii) the suspension and revocation provisions of this Chapter and Chapter 2, shall be subject to a temporary suspension of their taxicab license for a period not to exceed one hundred eighty (180) days. Such temporary suspension shall be

23 effective at 12 a.m. on the third day following the date written notice is sent to the licensed owner or licensed operator. A license may be temporarily suspended even though no criminal charge or infraction is filed. Any operation of a taxicab during the period of a temporary suspension shall be deemed a separate offense for each day of such operation. E. Notice of a temporary suspension shall be deemed properly served if sent by U.S. Postal Service Certified Mail to the address on file in the City Clerk s Office that was provided by the licensee, or hand served upon the licensee. A licensee s failure to accept, acknowledge, or receive notification of a temporary suspension shall not invalidate the temporary suspension, provided notice was served as provided in this Section. Notice of a temporary suspension shall include grounds for the temporary suspension, and shall include a statement that informs the licensee of their right to appeal the temporary suspension. F. Any licensed owner or licensed operator of a taxicab within Boise City whose license is temporarily suspended pursuant to this Section may appeal the temporary suspension to the Hearing Examiner by filing a written request with the City Clerk s Office within fifteen (15) working days of the start of the temporary suspension. Upon appeal, a temporary suspension shall be stayed pending a determination by the Hearing Examiner. In the event an appeal of a temporary suspension is denied by the Hearing Examiner, the temporary suspension period shall commence at 12 a.m. on the day immediately following issuance of the denial by the Hearing Examiner. G. The appeal hearing, if requested by the licensee, shall follow the procedures outlined in Section , except as provided in this Section. Section PENALTY Any person who violates any of the provisions of Sections , , , , , , , , , or shall be guilty of an infraction which shall be punishable by a fine of one hundred dollars ($100.00) excluding court costs and fees. There is no right to a trial by jury of an infraction citation or complaint and such trials shall be held before the court without a jury. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Any peace officer, the City Licensing Officer, the City Licensing Enforcement Officer, or Airport Police Officer shall have the authority to enforce this Chapter.

24 Section 3. That this Ordinance shall be in full force and effect on November, 2006, after passage, approval, and publication. PASSED by the Council of the City of Boise, Idaho, this day of, APPROVED by the Mayor of the City of Boise, Idaho this day of November, ATTEST: APPROVED: CITY CLERK MAYOR

25 EXHIBIT A STATEMENT OF BOISE CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. The undersigned, Joshua J. Leonard, in his capacity as Assistant City Attorney of the City of Boise City, Idaho, hereby certifies that he is a legal advisor of the City and has reviewed a copy of the attached Summary of Ordinance No. of the City of Boise City, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code A(3). DATED this day of October, Joshua J. Leonard Assistant Boise City Attorney SUMMARY OF ORDINANCE NO. OF THE CITY OF BOISE CITY, IDAHO PUBLIC NOTICE IS HEREBY GIVEN that the City of Boise City, Idaho, adopted at its regular meeting of November, 2006, that Ordinance No. entitled: AN ORDINANCE REPEALING AND REENACTING BOISE CITY CODE TITLE 5, CHAPTER 24 TO: DELETE OUTDATED SECTIONS, INCLUDE NEW DEFINITIONS, NEW REQUIREMENTS FOR OBTAINING A TAXICAB LICENSE, AND SPECIFIC REQUIREMENTS FOR INSURANCE CARRIED BY TAXICAB OWNERS AND OPERATORS; TO CREATE AND ADMINISTER NO PICKUP/DROPOFF ZONES IN SPECIFIC AREAS AT SPECIFIC TIMES; TO INCLUDE A GEOGRAPHIC KNOWLEDGE COMPONENT IN THE TAXICAB LICENSE APPLICATION REQUIREMENTS; TO PROVIDE MORE CLEAR REQUIREMENTS FOR THE MEDICAL CERTIFICATE TO BE OBTAINED AS A PART OF THE TAXICAB LICENSE APPLICATION PROCESS; TO AMEND EXISTING SUSPENSION AND REVOCATION SECTIONS FOR CONSISTENCY AND CLARITY, AND TO INCLUDE A I:\Legal\Legal Divisions\Legal Enterprise Division\Ord 2006\BCC 5-24 Taxicab Ordinance Summary

26 TEMPORARY SUSPENSION SECTION; TO INCLUDE INFRACTION PENALTIES FOR SPECIFIC VIOLATIONS; APPROVING A SUMMARY OF THE ORDINANCE AND PROVIDING AN EFFECTIVE DATE. This ordinance repeals and reenacts Boise City Code Title 5, Chapter 24. The reenacted Chapter results from reexamining local laws pertaining to ownership and operation of taxicabs in Boise City. The new Chapter clarifies existing laws and allows for more efficient administration of the licensing process by the City Clerk. Outdated and superfluous Sections of the former code are eliminated. New definitions are added to the reenacted Chapter in an effort to eliminate confusion. Background checks required to obtain a taxicab license will now cover the most recent five (5) years. Additionally, certain offenses now disqualify a person with a criminal history that includes certain crimes against children, or people who are (or have been) required to register as a sex offender from ever obtaining a taxicab license. Under the reenacted Chapter, insurance requirements are clarified to ensure each and every taxicab vehicle is properly and continuously insured. No Pick-up/Drop-off Zones are established at Main Street between Capitol Boulevard and 5th Street, and 6th Street between Main Street and Grove Street. These No Pickup/Drop-off Zones will increase public safety on and around downtown roads during periods of heavy pedestrian and vehicle traffic. The No Pick-up/Drop-off Zones are only in effect from 9 p.m. on Friday until 5 a.m. on Saturday and 9 p.m. on Saturday until 5 a.m. on Sunday. The reenacted Chapter requires a license applicant to obtain a current Department of Transportation Medical Card, which are only available by passing a physical examination administered by a licensed doctor authorized by the Department of Transportation. Passage of a General Geographic Knowledge Exam, is also required for licensure. Existing suspension and revocation provisions are amended for consistency and clarity, and a temporary suspension provision is added, which is limited to 180 days, and may be imposed for any of several law violations by a licensee. A process of appeal of a temporary suspension is also set forth in the reenacted Chapter. Finally, certain violations of Boise City Code Title 5, Chapter 24 are changed from misdemeanor offenses to infractions. The effective date of the Ordinance is the date of its passage, approval and publication. A copy of the full text of the Ordinance is available at the Office of the City Clerk, 150 North Capitol Boulevard, in Boise, Idaho Examination may be requested in writing or in person during regular business hours of the Clerk s Office, from 8:00 a.m. until 5:00 p.m. pursuant to Section A(4), Idaho Code. I:\Legal\Legal Divisions\Legal Enterprise Division\Ord 2006\BCC 5-24 Taxicab Ordinance Summary