CITY OF TIMMINS BY- LAW BEING A BY- LAW for licensing, regulating and governing taxi and limousine owners, brokers and drivers in

Transcription

1 AMEDED BY BY-LAW ww ITY F TIMMIS BY- LAW BY : -to W,z BEIG A BY- LAW for licensing, regulating and governing taxi and liousine owners, brokers and drivers in the ity of Tiins. WHEREAS Section 8 of the Municipal Act, 21, S.. 21, c. 25 provides that a unicipality has the capacity, rights, powers and privileges of a natural person for the purpose of exercising the authority under the Act; AD WHEREAS Section 9 of the Municipal Act, 21 provides that Sections 8 and 11 shall be interpreted broadly so as to confer broad authority on unicipalities to ( enable unicipalities to govern their affairs, as they consider appropriate and, ( b) enhance their ability to respond to unicipal issues, AD WHEREAS Section 11 of the Municipal Act, 21 provides that a single-tier unicipality ay pass bylaws respecting atters within the spheres of jurisdiction set out therein, AD WHEREAS Section ( 1) of the Municipal Act, 21 provides that a council ay pass a by- law to delegate its powers and duties under the Municipal Act or any other Act to the Police Services Board, AD WHEREAS Section 151 of the Municipal Act, 21 provides that a local unicipality ay license, regulate and govern any business wholly or partly carried on within the unicipality even if the business is being carried on fro a location outside the unicipality; AD WHEREAS Section151 of the Municipal Act, 21 provides that a unicipality ay exercise its licensing powers under this section including iposing conditions for the purpose( s) of health and safety, nuisance control and/ or consuer protection; AD WHEREAS Section156 ( 1) of the Municipal Act, 21 provides that a unicipality ay with respect to the owners and drivers of taxicabs, ay, establish the rates or fares to be charged for the conveyance of property or passengers either wholly within the unicipality or fro any point in the unicipality to any point outside the unicipality, provide for the collection of the rates or fares charged for the conveyance; and liit the nuber of taxicabs or any class of the; AD WHEREAS it is considered desirable to license, regulate and govern certain businesses in the ity of Tiins and to delegate to the Police Services Board the power to license, regulate and govern the businesses in this by-law throughout the ity of Tiins. W THEREFRE the ouncil of the orporation of the ity of Tiins enacts the following as a by- law: 1. DEFIITIS For the purpose of this By- law: board" shall ean the Police Services Board for the ity of Tiins. business" shall ean a trade, business or occupation and includes the hire of services on an interittent or one-tie basis and any activity or thing a local unicipality ay license under the Municipal Act, R. S.. 199, c. M. 45 paragraph 6 or 7 of Section 236, chief of police" shall ean the person who ay fro tie to tie, be appointed by the Tiins Services Board to the position of hief of Police of the Tiins Police Service_ Police city" shall ean the ity of Tiins.

2 issuer of licenses" shall ean the person appointed by the hief of Police to issue licenses under eutn òrity of this by- law. license" shall ean a ity of Tiins Business License issued pursuant to this by-law. licensee" shall ean a person who has been issued a license pursuant to this by- law either in the current calendar year or in a previous calendar year and shall include an Applicant. person" shall include any association, copany, partnership, corporation, agent or trustee and the heirs, executors or other legal representatives of a person to who the context can apply according to law. preises" shall ean land, including any and all buildings or other structures thereon and includes any vehicle or conveyance used in the operation of the business and location has corresponding eaning. 2. GEERAL PRVISIS - BSIESS LIESIG 2. 1 Every person carrying on, conducting, operating, aintaining, keeping or engaging in any business specifically identified in this by- law shall be required to obtain a ity of Tiins Business License to do so fro the Issuer of Licenses at the Tiins Police. 3. APPLIATI FR EW LIESE 3. 1 Every person required to obtain a license pursuant to this by- law shall apply in writing on the appropriate application for as provided by the Issuer of Licenses and shall deposit, at the tie of application, with the Issuer of Licenses, all required Business License Fees as set out in Section 23. to this by- law for each business category as well as any required approvals, inspections or docuentation required by the provisions of this by- law or as deeed necessary by the Issuer of Licenses The Issuer of Licenses shall not issue a license until: all required approvals and inspections have been obtained by the applicant, required docuentation has been provided, business license fees have been paid in full, and all realty taxes are paid up to the ity of Tiins when required as a condition of obtaining a license There shall be a separate license for each of the preises to be used by the applicant There shall be a separate application for each category of business operated and license to be issued The applicant shall coply with any and all requireents as set out in this by- law as well as any other provisions that ay govern the business or preises used in the carrying on of the business The Issuer of Licenses, upon receipt of the application for a license ay ake, cause to be ade, or request, any additional docuents, investigations or inspections to be ade in respect of such application for a license as the Issuer of Licenses dees appropriate or in the interest of the general public, and any costs incurred for such inspection or docuents shall be at the applicant's expense The applicant shall be responsible for obtaining all necessary inspections, docuents and approvals set out in Section 23 and detailed on the application for and as deeed necessary by the Issuer of Licenses.

3 3. 8 pon receipt of a copleted application for a license and the appropriate fees for a license have been paid, the Issuer of Licenses ay prior to the issuance of any such license: ake any inquiries to any unicipal official or eployee, who has carried out inspections relative to the business under application, receive reports fro such unicipal officials and eployees as ay be deeed necessary, inquire into all relevant atters in order to ascertain if the applicant is entitled to a license under the provisions of this by- law, upon being satisfied that the applicant is entitled to obtain a license under the provisions of this By- law, the Issuer of Licenses shall prepare and issue a license to the said applicant. 4. APPLIATI FR REEWAL LIESE 4. 1 Any person required to renew a license previously granted under this by- law, shall subit to the Issuer of Licenses, an application for for renewal of the license as provided by the Issuer of Licenses. Every applicant shall ensure that the inforation on the application is up to date and report any changes of circustances to the Issuer of Licenses Where there has been a change of circustance the Issuer of Licenses shall not issue a license until all required approvals and inspections have been obtained by the applicant, required docuentation has been provided, business license fees have been paid in full, and all taxes are paid up to the ity of Tiins. When required as a condition of licensing, all realty taxes shall be paid in full to the ity of Tiins before any license be issued by the Issuer of Licenses Where the Issuer of Licenses receives an application for renewal of a license previously granted under this by-law and the appropriate fees have been paid, he shall, prior to the issuance of any such license: ake inquiries into all relevant atters in order to ascertain if the applicant is entitled to obtain a renewed license under the provisions of this by- law, inquire into any and all relevant changes in circustances since the previous license was issued to the applicant, ake any inquiries to any unicipal official or eployee, who has carried out inspections or investigations relative to the business under application, receive reports fro such unicipal officials and eployees as ay be deeed necessary When the issuer of Licenses is satisfied that the applicant is entitled to obtain a license under the provisions of this by- law, the Issuer of Licenses shall prepare and issue a license to the said applicant. 5. FRM F LIESE 5. 1 Every license shall show therein: the operating nae of the business or person to who the license is issued, the operating address of the preises or location for which the license is issued, the category of license granted, the date of issue, the date of expiration and

4 r shall be signed by the Issuer of Licenses or their designate Licenses shall not be transferable. 6. DPLIATE LIESES 6. 1 In the event that a license issued under this by-law is lost or destroyed, the Issuer of Licenses upon satisfactory proof of such loss or destruction, and upon payent of a replaceent fee of THIRTY- FIVE DLLARS ($ 35. ) shall issue a duplicate of the original license. 7. HAGE F AME 7. 1 Where ownership of a business is not changed or affected but the operating nae change, the licensee shall iediately notify the Issuer of Licenses and upon payent of a fee in the aount of THIRTY- FIVE DLLARS ($ 35. ) and being satisfied that there have been no other changes in the circustances of the licensed business, the Issuer of Licenses ay issue a replaceent of the original license. The licensee shall return and surrender their license in order to affect such a change. 8. HAGE F WERSHIP 8. 1 Every licensee shall, upon change of ownership of the licensed business return and surrender their current license to the Issuer of Licenses. The new owner shall ake application for a new license as set out in this by- law. 9. HAGE F PREMISES R LATI 9. 1 Where a currently licensed business changes preises, such new preises shall not be licensed. The owner shall iediately ake the Issuer of Licenses aware of the change of location and surrender to the Issuer of Licenses the license issued with respect to their previous preises. The Issuer of Licenses shall upon payent of a fee in the aount of THIRTY-FIVE DLLARS ($ 35. ) and being satisfied that the new location eets all the requireents as set out in this by- law issue a replaceent to the original license. The expiry date of the license shall be the sae as the one being replaced. 1. LIESES PERSAL 1. 1 o person shall enjoy a vested or property right in any license or the continuance of any license and such license and such rights shall reain the property of the ity. 11. ISAE ABATEMET Every person required to be licensed under this by- law, in addition to any other provisions or requireents expressed elsewhere in the by- law, shall coply with the following requireents: at all ties aintain and keep safe and clean and in good condition and repair any object, auseent, vehicle, place or preises for which the license is issued, shall not breach or violate or cause, suffer, or perit any breach or violation of any by- law of the orporation or of any statute, rder-in- ouncil, or Regulation of the Legislature of the Province of ntario or the Parliaent of anada or of any Agency, Board or oission thereof, in, upon, or in connection with the business or preises for, or in relation to which such license was issued, shall not cause, suffer or coit any nuisance to arise in, on, or in connection with the object, auseent, vehicle, place or preises, for which the license was issued,

5 shall not cause, suffer or perit any shouting, noise or other disturbance on, in or in connection with the object, auseent, vehicle, place or preises for which the license was issued, which is unnecessary, unreasonable or contrary to any unicipal by- law prohibiting the sae, and if any such shouting, noise or other disturbance occurs, the licensee shall iediately take steps to cause the sae to be abated, shall not cause, suffer, or perit any obstruction on any highway, lane or public place in front of or adjoining the place or preises for which the license was issued, shall not cause, suffer or perit any profane, offensive or abusive language or disorderly conduct in, on, or in connection with any vehicle, place or preises for which the license was issued Every person who acquires a license that is issued under this by- law is responsible for the due perforance and observance of all the provisions of this by- law by their eployees and all other persons in or upon the preises which is licensed under the provisions of this by- law. 12. ISPETI The Issuer of Licenses or a Police fficer ay at all reasonable ties, inspect or cause to be inspected the preises, facilities, equipent, vehicles, and other property used or kept for hire in connection with the carrying on of a business that is licensed or that is required to be licensed pursuant to this by- law The Issuer of Licenses ay waive the requireent for any inspection, approval or docuentation as ay be required pursuant to this by- law where such inspection, approval or docuentation is not applicable to the carrying on of the business that is licensed or required to be licensed under this by-law. 13. PSTIG F LIESE Every person to who a license is issued shall post the current license on the preises or that part thereof to which the license pertains in such a position that ay be readily seen and read by persons entering the preises. All licenses issued under this by- law shall be proinently and conspicuously posted on the licensed preises at all ties Where a photo identification card is issued to a person licensed under the provisions of this by- law, the licensee shall keep the photo identification card with the at all ties while carrying on their business and shall exhibit it to any unicipal law enforceent officer, peace officer, police officer or other duly appointed person who so requests.

6 14. REFSAL T GRAT A LIESE The Issuer of Licenses ay refuse to grant or issue a license to any applicant who: has failed to coply with the requireents of this by-law or other applicable by-laws of the ity or of any Statue, rder-in- ouncil, or Regulation of the Provincial Legislature or the Parliaent of anada, or of any Agency, Board of oission thereof, in, upon or in connection with the applied for licensed activity of the business or preises, facilities, equipent, vehicles and other property used or kept for hire in connection with the license activity, or has any outstanding realty taxes owing to the ity of Tiins, or has any outstanding fines iposed under the Provincial ffences Act for the contravention of any provision of this By- law The Issuer of Licenses ay also refuse to grant or issue a license to any applicant where the Issuer of Licenses believes it is not in the public interest to do so. 15. SSPESI/ REVATI The Issuer of Licenses ay suspend or revoke a license issued to any licensee who: has failed to coply with the requireents of this by- law or other applicable by- laws of the ity or of any Local Board thereof, or of any Statue, rder-in- ouncil, or Regulation of the Provincial Legislature or the Parliaent of anada, or of any Agency, Board of oission thereof, in, upon or in connection with the applied for licensed activity of the business or preises, facilities, equipent, vehicles and other property used or kept for hire in connection with the license activity, or has outstanding realty taxes owing to the ity of Tiins, or has any outstanding fines iposed under the Provincial ffences Act for the contravention of any provision of this by- law The Issuer of Licenses ay also suspend or revoke any license issued to any applicant where the Issuer of Licenses believes it is in the public interest to do so Any suspension of a license ay be subject to such ters and conditions as the Issuer of Licenses ay prescribe o person shall operate any business or preises contrary to any license suspension or ters and conditions thereto or where such license has been revoked The issuer of licenses shall autoatically suspend a taxi driver license when a ninety- day Adinistrative Drivers License Suspension ( ADLS) license suspension has been served by a police agency. 16. TIE AD APPEAL Where the Issuer of Licenses for the Tiins Police Service refuses to issue, suspends, or revokes a license the said Issuer of Licenses shall notify the applicant in writing of such decision and the said notice shall set out the grounds upon which the issue of the said license is refused and shall state that the Applicant or Licensee ay appeal such decision by filing an appeal, in writing with the hief of Police for the Tiins Police Service within fifteen ( 15) days Where the Issuer of Licenses for the Tiins Police Service refuses to grant a license, suspends or revokes a license under this by- law the Applicant or Licensee ay appeal this decision to the Police Services

7 Board by filing with the hief of Police an appeal, in writing, of the said decision within ( 15) fifteen days of being notified of the decision of the Issuer of Licenses pon receipt of an appeal fro the applicant the hief of Police and the Police Services Board shall follow the procedure set out in this by- law The Police Services Board ay, after the appropriate hearing is conducted grant a license, refuse to grant a license, revoke a license or suspend a license and ay ake any suspension of license subject to such ters or conditions as the Police Services Board ay prescribe and a decision ade pursuant to the exercise of these powers is final and binding upon the applicant or any licensee The Police Services Board, in considering whether or not to grant a license, refuse to grant a license, or to revoke or suspend a license shall have regard to the following: whether or not the Applicant or Licensee and the preises, facilities, equipent, vehicles and other personal property used or kept for hire in connection with the carrying on of a business that is licensed or that is required to be licensed, pursuant to this by- law, coplies with all requireents of this by- law, whether or not the Applicant or Licensee has failed to proptly reedy any reasonable concern with regard to those atters set out in this by- law or has coitted past breaches of this by-law, whether or not the Applicant or Licensee has failed to coply with any requireents of any other applicable by- law of the ity or any statute, rder- in- ouncil, or Regulation of the Provincial Legislature or the Parliaent of anada, or of any Agency, Board or oission thereof, in, upon or in connection with the licensed activity or the preises, facilities, equipent, vehicles and other property used or kept for hire in connection with the licensed activity, whether or not the Applicant or Licensee has any outstanding fines iposed under the Provincial ffences Act for the contravention of any provision of this by- law, whether or not the applicant or licensee has any outstanding realty taxes owing to the ity of Tiins in respect of the business or preises in question The Police Services Board shall coply with the following procedure in granting a license, refusing to grant a license, revoking or suspending any license delegated to the Board under this by- law: where the Police Services Board wishes to consider whether or not to issue a license or to refuse to grant a license or to suspend or revoke a license issued under this By- law, the hief of Police shall fix a date and tie for such atter to be considered by the Board and shall ail a otice of Hearing to the Licensee ( at their last address as shown in the records of the Issuer of Licenses or the current year's Assessent Roll) and to any other person who has applied to be heard with regard to the atter, such otice shall be ailed at least ( 15) fifteen days prior to the date and tie fixed for such hearing, at such hearing the Board shall receive a report, either verbally, or in writing, fro the Issuer of Licenses and fro such other officers or eployees of the Tiins Police Service who ay be involved in the atter being considered by the Board,

8 at the hearing before the Board, the Licensee, either personally or through their agent or solicitor, shall be afforded an opportunity to present such aterial and evidence relevant to the issue before the Board as they ay dee expedient and they ay ask questions of any person presenting evidence or a report to the Board relevant to the said issue, the Board ay, in its sole discretion, afford any other person who applied to be heard and who appears to have an interest in the atters under discussion, an opportunity to present aterial and evidence relevant to the issue before the Board and to ask questions of any person presenting evidence or a report to the Board relevant to the said issues, for the purposes of this section a quoru of Board shall be a ajority of the ebers of Board and a decision by the ajority of ebers present shall be the decision of Board The decision of the Board to keep a license, refuse to issue a license, revoke a license or suspend a license ay be subject to such ters as the Board shall ipose and shall be final o person shall engage in, or continue to conduct, or perit any person to engage in or continue to conduct, a business for which a license is required under the by- law while such license is suspended or revoked under the provisions of this by- law Every person engaging in any business, for which he is required to be licensed by the provisions of this by- law, shall be responsible that all the provisions of this by- law with respect to the sae are coplied with. 17. ISRAE All insurances required herein shall be provided at the tie of application in a for acceptable to the Issuer of Licenses and in the aount as specified pursuant to the applicable sections of this by- law unless otherwise approved by the Police Services Board. 18. LIESE FEES AD ISPETIS Section 23 sets out the inspections, approvals and docuentation required to accopany any application and further establish the license fee to be paid by the applicant at the tie of application otwithstanding any license fee to be paid by any applicant as set out under Section 23, a LATE APPLIATI FEE of FRTY- FIVE DLLARS ($ 45. ) shall apply to any application received by the Tiins Police after the due date established for obtaining such license. Incoplete applications shall be considered not to have been received and ay be returned to the applicant or held pending further inforation. In any case where the application reains incoplete after the date established for obtaining such license, the LATE APPLIATI FEE shall apply Despite the actual date of any application for renewal of license, the fee for such renewal shall be as set out in section 23. ategory. 19. EXPIRY F LIESE Every license issued by the Tiins Police Services Board shall expire on January 31st of each subsequent year. 2. SPE AD ATHRITY 2. 1 Where a atter is subject to provincial regulation, any provision of this by- law is without effect to the extent that it prohibits or regulates the atter in substantially the sae way as or in a ore restrictive way than the provincial regulation. 21. EFREMET

9 I It shall be the duty of the Issuer of Licenses or a Police fficer eployed by the Tiins Police Services Board to enforce the provisions of this by- law. 22. PEALTIES Every person who contravenes the provisions of any section of this By- law and every Director or fficer of a orporation who concurs in the contravention by the orporation, is guilty of an offence and liable upon conviction liable to a fine not exceeding $ 25,.. ( Municipal Act, S.. 21, c. 25, s 161( 1), s. 433( 1)) Where a orporation is convicted of an offence under the provisions of this By- law, the axiu penalty that ay be iposed on the orporation is $ 5,.. ( Municipal Act S.. 21, c. 25, s. 161 ( 3))

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11 24. LIMSIE BRKER Authority: Municipal Act, S.. 21, c. 25 i In this section: liousine shall ean large luxury sedan that is kept or used for hire for the conveyance of passengers, solely on an hourly, daily or weekly basis but does not include a bus, an abulance a funeral hearse or a taxicab liousine broker shall ean a person who accepts calls in any anner for liousines used for hire and that are owned by persons other than the self, their iediate faily or eployer o person shall provide services as a Liousine Broker within the ity without first obtaining a license to do so o person shall dispatch any calls as a broker to any Liousine for hire unless such liousine is licensed under the provisions of this by- law o person shall dispatch any calls as a broker for any Liousine wner unless such owner is licensed under the provisions of this by- law Every licensee shall: keep an orderly record of all calls answered by liousines owned by the showing date, tie, origin, destination, liousine vehicle license nuber and the nae of the driver. The records shall be retained for a period of 12 onths fro date of entry and shall be open for inspection by the Issuer of Licenses or a Police fficer at any reasonable tie and ay be reoved by such Issuer of Licenses or Police fficer and retained for any reasonable period of tie, provide copies of the inforation required in to the Liousine wner on a onthly basis and as otherwise requested by the Liousine wner.

12 25. LIMSIE MPAY/ WER Authority: Municipal Act, S.. 21, c In this section: " liousine" shall ean a large luxury sedan that is kept or used for hire for the conveyance of passengers, solely on an hourly, daily or weekly basis but does not include a bus, an abulance a funeral hearse or a taxicab " liousine copany/ owner" shall ean a person who owns a liousine or has possession or control thereof under an instalent purchase agreeent or by way of rental or other agreeent and who offers such vehicle for hire o person shall own and operate a liousine or provide services as a Liousine wner within the ity without first obtaining a license to do so o person will be issued a liousine copany license for any vehicle that is older than 7 years on the date of application o person shall perit any liousine to be used for hire in respect of any business licensed under this Section unless such liousine is licensed under the provisions of this by- law o person shall perit any driver to drive a liousine unless such driver is licensed under the provisions of this by-law to do so o person shall perit any broker to dispatch any liousine in respect of any business licensed under this section unless such broker is licensed under the provisions of this by- law to do so Every applicant shall provide to the Issuer of Licenses at the tie of application a ertificate of Insurance certifying that the owner of such liousine for which application is being ade is insured for public liability, property daage and passenger hazard, with a iniu of $2,, coverage per incident or occurrence and written confiration fro the issuer that the ity will received at least ten ( 1) days written notice prior to any cancellation, expiration or variation thereof Every applicant shall provide, for each vehicle to be used as a liousine, to the Issuer of Licenses at the tie of application a valid and current Safety Standards ertificate in accordance with the requireents of the Highway Traffic Act, R. S.. 199, c. H. 8, as aended The licensee shall ensure that every Liousine used by the Liousine opany is subitted annually or as otherwise requested for safety inspection by the Issuer of Licenses or a Police fficer The licensee shall ensure that every driver of a liousine shall be failiar with the provisions of this bylaw, the laws and regulations relating to traffic and the geography of the ity of Tiins The licensee shall ensure that every driver of a liousine is the holder of any of a class A, B,, D, E, F or G driver' s license issued to the by the Ministry of Transportation for the Province of ntario and that such license is valid at all ties when such driver is engaged in driving any liousine licensed under this Section The applicant shall be registered with the Ministry of Transportation for the Province of ntario as owner of the liousine for which application is being ade.

13 Every licensee shall: keep an orderly record of all calls answered by liousines owned by the showing date, tie, origin, destination, liousine vehicle license nuber and the nae of the driver. The records shall be retained for a period of 12 onths fro date of entry and shall be open for inspection by the Issuer of Licenses or a Police fficer at any reasonable tie and ay be reoved by such Issuer of Licenses or Police fficer and retained for any reasonable period of tie, subit each liousine owned by the for vehicle safety inspection annually and at any other tie as required by the Issuer of Licenses or a Police fficer and shall file with the Issuer of Licenses a valid and current Safety Standards ertificate for each liousine owned by the and intended to be used as a liousine as required under the provisions of the Highway Traffic Act, R. S.. 199, c. H. 8 as aended, ensure that all persons eployed by the as a liousine driver are properly licensed under the provisions of this By- law, keep the interior and exterior of all liousines owned by the in good repair and in a clean and sanitary condition, ensure that each liousine is equipped with a spare usable tire and wheel and a suitable jack for lifting the liousine The licensee shall ensure that any liousine operated by the is driven for the transportation exclusively of one person or group of persons in the sae party and that only one fare or charge is collected for each specified trip o person licensed under this Section shall act as a Taxicab unless licensed to do so under the provisions of this By- law The licensee shall provide at the tie of application, and within ten days of any change, the ntario license plate nuber of all vehicles to be used as a liousine as issued by the Ministry of Transportation Where a person holds a valid Liousine opany license, a Liousine Driver license ay be obtained by the sae person at no additional fee, provided such applications are ade at the sae tie. All other requireents for each category of license shall apply o person shall charge any rate or fare for the conveyance of passengers by a liousine except in accordance with the following with a iniu charge of 1 hour: STADARD LIMSIE Hourly Rate range 42. per hour iniu to $ 55. per hour axiu Airport ( Private Trip) range 42. to $ MIISTRETH LIMSIE Hourly Rate range 46. per hour iniu to $ 63. per hour axiu Airport ( Private Trip) range 46. to $ 5.

14 r STRETH LIMSIE Hourly Rate range 52. per hour iniu to $ 81. per hour axiu Airport ( Private Trip) range 52. to $ SPERSTRETH LIMSIE Hourly Rate range 62. per hour iniu to $ 1. per hour axiu Airport (Private Trip) range 62. to $ 67.

15 26. LIMSIE DRIVER Authority: Municipal Act, S.. 21, c In this section: " liousine driver" shall ean the person responsible for the care and operation of the liousine and services related thereto o person shall drive a Liousine as a Liousine Driver within the ity without first obtaining a license to do so o person shall provide any services as a Liousine Driver for any Liousine wner that is not licensed under the provisions of this by- law o person shall drive any vehicle operated as a Liousine unless such vehicle is licensed as a Liousine under the provisions of this by- law o person shall receive calls dispatched by a Liousine Broker that is not licensed under the provisions of this by- law Every liousine driver shall be failiar with the provisions of this by- law, the laws and regulations relating to traffic and the geography of the ity of Tiins Every liousine driver shall be the holder of any of a class A, B,, D, E, F or G driver's license issued to the by the Ministry of Transportation for the Province of ntario and ensure that such license is valid at all ties when engaged in driving any liousine licensed under this by- law Every licensee shall: keep an orderly record of all calls answered by the showing date, tie, origin, destination and liousine vehicle license nuber. The records shall be retained for a period of 12 onths fro date of entry and shall be open for inspection by the Issuer of Licenses or a Police fficer at any reasonable tie and ay be reoved by such Issuer of Licenses or Police fficer and retained for any reasonable period of tie, ensure that every liousine driven by the has been subitted for vehicle safety exaination prior to such vehicle being used as a liousine and at any other tie as required by the Issuer of Licenses and ensure that a valid and current Safety Standards ertificate for such liousine has been issued in accordance with the provisions of the Highway Traffic Act, R. S.. 199, c. H. 8, as aended, keep the interior and exterior of all liousines driven by the in a clean and sanitary condition The licensee shall, within 48 hours of changing their address, notify the Issuer of Licenses The licensee shall ensure that any liousine driven by the is driven for the transportation exclusively of one person or group of persons in the sae party and that only one fare or charge is collected for each specified trip o liousine driver shall be entitled to recover or receive, or charge any fare, rate, fee or charge fro any person or persons fro who he shall have deanded any fare, rate, fee or charge greater or less than those authorized in the Schedule of Rates and harges as set out and required under Subsection of this by- law Every licensee while in charge of a liousine for hire shall:

16 display any photo identification in respect of any license issued by the Issuer of Licenses under the provisions of this by- law and upon the request of any passenger, give in writing their nae, license nuber of the license issued to the under the provisions of this by- law, the perit nuber issued by the Ministry of Transportation for the Province of ntario of the liousine they are driving, take due care of all property delivered or entrusted to the and accepted by the for in respect of any passenger for conveyance or safekeeping and iediately upon terination of any hiring or engageent, shall search their liousine for any property lost or left therein and all property or oney left in their liousine shall be forthwith delivered over to the person owning the sae, or if the person cannot be found at once, then to a Police fficer on duty for Tiins Police Service with all inforation in his possession regarding sae, be neat and clean in their person and appearance Every licensee, while in charge of a liousine for hire shall not: solicit any person to take or use the liousine they are driving by calling out or shouting. The person wishing to use or engage a liousine shall be left to choose without interception or solicitation, take, consue or have in their possession any intoxicant, obstruct the use of any sidewalk, ake any loud noise or disturbance, use any abusive language, olest, annoy or insult any person whatsoever, eploy or allow any runner or other person to assist or act in concert with the in obtaining any passenger, carry a greater nuber of persons that the liousine is intended to seat according to the anufacturer's rating or than specified in the license issued under this by-law, induce any passenger to eploy the by either knowingly, recklessly or wilfully isinforing, isleading or deceiving such passenger as to the arrival or departure of any public conveyance of the location or distance fro any part of the ity to any terinal, station, public place, private residence or any other place, carry any passenger other than those eploying their services, unless authorized by the liousine service for which he is eployed as a driver, allow any ioral, indecent or disorderly conduct in their liousine, soke in the Liousine Every licensee shall furnish to every passenger where required, a receipt for charges ade and paid by the, indicating thereon the ileage travelled, and such holder shall proptly furnish such receipt upon request together with their nae and the Liousine vehicle license nuber.

17 27. TAXIAB BRKER Authority: Municipal Act, S.. 21, c. 25 i In this section: " taxicab" shall ean a otor vehicle or a handicapped transportation vehicle as defined in the Highway Traffic Act, R.S.. 199, hapter H. 8, as aended, having a seating capacity of not ore than six persons, exclusive of the driver, or in the case of a station wagon or a van, with a seating capacity of not ore than nine passengers, which is kept or used for hire for the conveyance of passengers solely on an hourly, daily or weekly basis but does not include a liousine " taxicab broker" shall ean any person who accepts calls in any anner for taxicabs used for hire and which are owned by persons other than the self, his iediate faily or his eployer o person shall operate as a Taxicab Broker within the ity without first having obtained a license to do so The applicant shall be at least 18 years of age to be licensed under the provisions of this Section The applicant shall be failiar with the provisions of this By- law, the laws and regulations relating to traffic and the geography of the ity: The applicant shall satisfy the Issuer of Licenses that he is able to provide 24- hour taxicab service to the public for each day of the year. The taxi copanies shall ensure that a iniu of 35% of their fleet is operating during periods of low deand and that a iniu of 7% of their fleet is operating during peak ties Every licensee shall: ake out and deliver to the Issuer of Licenses on a quarterly basis, or as otherwise requested, a list of the naes of the holders of Taxicab Vehicle Licenses operating taxicabs in association with such broker and the nuber of taxicabs operated such by persons. The first quarter will coence on the 1st day of January in each year, keep an orderly record of all calls received and dispatched by the showing date, tie, origin, destination, taxicab driver and taxicab vehicle license nuber. The records shall be retained for a period of 12 onths fro date of entry and shall be open for inspection by any Municipal Law Enforceent fficer, Police fficer or other duly appointed individual at any reasonable tie and ay be reoved and retained for any reasonable period of tie by such officer or individual, ensure that all taxicabs dispatched by the and all drivers thereof are licensed under the provisions of this By- law, provide a suitable office for the carrying on of his business and keep the sae orderly, clean and neat, provide telephone and radio dispatching facilities aintained in proper working condition o broker, licensed under this by- law shall operate his business unless he provides adequate parking space for every vehicle he/ she operates or has operating in respect of his business.

18 P 28. TAXIAB MPAY/ WER Authority: Municipal Act, S.. 21, c In this section: " taxicab" shall ean a otor vehicle or a handicapped transportation vehicle as defined in the Highway Traffic Act, R. S.. 199, hapter H. 8, as aended, having a seating capacity of not ore than six persons, exclusive of the driver, or in the case of a station wagon or a van, with a seating capacity of not ore than nine passengers, which is kept or used for hire for the conveyance of passengers solely on an hourly, daily or weekly basis but does not include a liousine " taxicab copany/ owner" shall ean a person who owns a taxicab or has possession or control thereof under an instalent purchase agreeent or by way of a rental or other agreeent and who offers such vehicles for hire o person shall operate or aintain a business as a Taxicab opany or Taxicab wner within the ity without first having obtained a license to do so o person shall perit any taxicab to be used for hire in respect of any business licensed under this Section unless such taxicab is licensed under the provisions of this By- law o person shall perit any driver to drive a taxicab unless such driver is licensed under the provisions of this by-law to do so Every person shall provide at the tie of application, for each vehicle to be used as a taxicab: the vehicle ake, odel, year and vehicle identification nuber and the ntario license plate nuber as issued by the Ministry of Transportation for each vehicle to be used as a taxicab by such person, a valid and current Safety Standards ertificate in accordance with the provisions of the Highway Traffic Act, R. S.. 199, c. H. 8, as aended o person shall be issued a taxicab license for any vehicle that is older than 5 years on the date of application. The date shall be based on the last day of the year indicated by the anufacturers production plate and renewal applications shall be 1 years based on the last day of the year indicated by the anufacturers production plate The nuber of Licensed Taxicabs for the ity including wheelchair accessible Taxicabs shall not exceed sixty (6) Where a taxicab has not been in use for a period of 3 calendar days the Issuer of License ay deand that the licence be forfeited to the Tiins Police Services and revoked, the owner shall not be entitled to any copensation for the forfeiture The owner of a taxicab license ust notify the issuer of licenses in writing when a cab has not been used in the calendar period of 3 days In the event of the death of an owner of a Taxicab, the estate of the deceased ay apply to the Issuer of Licenses to transfer the wner' s License( s) of the deceased to one of the following: the estate of the deceased, one or ore iediate faily ebers of the deceased, who are either a spouse of the deceased, children of the deceased, or siblings of the deceased, or,

19 a private corporation whose sole shareholder(s) are one or ore but not necessarily all of the ebers of the iediate faily of the deceased, as defined in subparagraph In the event that the holder of an owner' s License wishes to sell the Taxicab used in conjunction with such license, the holder ay apply to the Issuer of Licenses to surrender their license in favour of the proposed purchaser When a taxi plate becoes available to the public, it shall be re issued through a lottery advertised by the ity indicating applicants have 3 days fro the date of advertiseent to subit applications to the lerks office on which day the draw will be ade at 12: non on the 3th day o person shall use any vehicle as a taxicab unless the Issuer of Licenses has approved such vehicle and such vehicle is licensed under the provisions of this by- law Every person shall advise the Issuer of Licenses within 1 days of any change in any license plate issued by the Ministry of Transportation Every applicant shall provide to the Issuer of Licenses at the tie of application a ertificate of Insurance certifying that for each taxicab, the owner of such taxicab for which application is being ade and the driver is insured for public liability, property daage and passenger hazard, with a iniu of $ 2,, coverage per incident or occurrence and written confiration fro the issuer that the ity will received at least ten ( 1) days written notice prior to any cancellation, expiration or variation thereof The licensee shall ensure that every driver of a taxicab shall be failiar with the provisions of this Bylaw, the laws and regulations relating to traffic and the geography of the ity of Tiins The licensee shall ensure that every driver of a taxicab is the holder of any of a class A, B,, D, E, F or G driver' s license issued to the by the Ministry of Transportation for the Province of ntario and that such license is valid at all ties which such driver is engaged in driving any taxicab used by the licensee. o taxicab driver license shall be issued to class G1 or G2, driver The applicant shall be registered with the Ministry of Transportation for the Province of ntario as owner of the taxicab for which application is being ade The applicant shall be at least 18 years of age to be licensed under this Section The applicant shall satisfy the Issuer of Licenses that: any taxicab will be operated solely in association with and will accept calls only fro a licensed taxicab broker, or the owner of such taxicab Every owner and driver of taxicab shall ensure that such vehicle is used only as a taxicab and is not used as a liousine unless otherwise licensed under the provisions of this by- law o person shall operate any vehicle as a Taxicab unless such vehicle is equipped with ore than two passenger access.

20 28. 2 Every licensee shall: keep an orderly record of all calls answered by taxicabs owned by the showing date, tie, origin, destination, taxicab vehicle license nuber and the nae of the driver. The records shall be retained for a period of 12 onths fro date of entry and shall be open for inspection by the Issuer of Licenses or a Police fficer at any reasonable tie and ay be reoved by such Issuer of Licenses or a Police fficer and retained for any reasonable period of tie, subit each taxicab owned by the for vehicle safety inspection annually and at any other tie as required by the Issuer of Licenses or Police fficer and shall file with the Issuer of Licenses a valid and current Safety Standards ertificate for each taxicab owned by the and intended to be used as a taxicab in accordance with the provisions of the Highway Traffic Act, R. S.. 199, c. H. 8, ensure that all persons eployed by the as a taxicab driver are properly licensed under the provisions of this by-law, keep the interior and exterior of all taxicabs owned by the in good repair and in a clean and sanitary condition. All taxicabs with obvious visible collision daage ust be repaired within 45 days of the occurrence otherwise the licence will be suspended until such daage is repaired. wners ust report daage to the Tiins Police within three days of occurrence ensure that the taxicab is equipped with a spare usable tire and wheel and a suitable jack for lifting the taxicab at all ties, proinently display in each taxicab owned by the a copy of the tariff of fares set out in Section ensure that every Taxicab used by the Taxicab opany is subitted annually or as otherwise requested for safety inspection or inspection by the Issuer of Licenses or a Police fficer ensure that the tariff card as issued by the Tiins Police Services Board is in clear view of every passenger in the taxicab Where a person holds a valid ity of Tiins Business License under this section for the current year and where such person certifies that the taxicab licensed under this section has been reoved fro service and is being replaced by another vehicle to be operated as a taxicab, and upon subission of: a duly copleted application for, an appropriate safety inspection certificate or a bill of sale fro a dealer for the vehicle to be licensed as a taxicab, any other required inspections, approvals or docuents as required by the Issuer of Licenses, a payent of FRTY FIVE DLLARS ($ 45. ) adinistrative fee a Taxicab License ay be reissued by the Issuer of Licenses for the replaceent vehicle The licensee shall ensure that any taxicab operated by the is driven for the transportation exclusively of one person or group of persons in the sae party and that only one fare or charge is collected for each specified trip.

21 a EQIPMET AD ITS SE Every licensee shall have affixed to each taxicab used by the, a taxi eter for registering distances travelled and coputing fares to be paid, the type of which shall first be subitted to and approved by the Issuer of Licenses and for all taxicabs so equipped the following provisions shall apply: Each taxieter shall be: subitted when required for testing, inspecting and sealing by the Issuer of Licenses, illuinated when lights are required according to the Highway Traffic Act, R. S.. 199, c. H. 8, as aended, so placed as to be conveniently seen at all ties by the passenger or passengers of the taxicab, used only when the seal thereon is intact, kept in good working order at all ties and not used when defective in any way, adjusted in accordance with the rates and fares prescribed by Section o person shall operate or cause to be operated a taxicab equipped with a taxi eter unless and until the taxi eter has been tested and sealed by the Issuer of Licenses, nor shall any person operate or cause to operate a taxicab when the taxi eter has been repaired, altered, tapered with or adjusted, unless and until such taxi eter has been subsequently so tested and sealed A sign proinently displayed on the side passenger windows indicating no soking shall be affixed to all taxi vehicles All taxicabs shall be equipped with an illuinated top sign proinently displaying the nae of the copany it belongs too. The following shall apply; for Al taxi the sign shall be white in colour, for Beal the sign shall be blue and white in colour, for Vets taxi the sign shall be green and yellow in colour. All signs are to be the sae diension and white in colour. All copanies and brokers ust coply with this section by January ft o taxi vehicle shall be equipped with after arket tinting on any window. All copanies and brokers ust coply with this section by January 1 st 21. TAXI TARIFF - RATES AD FARES For the purpose of this Section: LAL FLAT RATE eans a rate including all costs as deterined in this by- law for a local trip unless otherwise specified within a clause METER RATE eans the cost per kiloetre or part thereof that shall be specified in this By- law PIT T PIT FLAT RATE TRIPS eans a cost established in this by- law to pick up at one specified place or zone and to deliver anywhere within another specified zone or place STH PRPIE TAXI STADS eans all taxi stands located in the South Porcupine zone TIMMIS TAXI STADS eans all taxi stands located in the Tiins zone ZE eans areas as described in this by- law only. ZE DESRIPTIS