Chapter 90
VEHICLES FOR HIRE*

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Cross references: Businesses, ch. 26; streets, sidewalks and other public places, ch. 74; traffic and vehicles, ch. 82.

State law references: Reciprocal agreements as to operation of vehicles registered in other states inapplicable to motor vehicles for hire, O.C.G.A. § 40-2-95.

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Article I. In General

Secs. 90-1? 90-60. Reserved.

Article II. Towing and Wrecker Service

Sec. 90-61. List.

Sec. 90-62. Definitions.

Sec. 90-63. Equipment.

Sec. 90-64. Clean up of street.

Sec. 90-65. Storage area.

Sec. 90-66. Maintenance of wreckers; regulation by police department.

Sec. 90-67. Charges.

Sec. 90-68. Schedule of fees.

Sec. 90-69. Failure to respond to call; consequences.

Sec. 90-70. Emergency amber light.

Sec. 90-71. Monitoring police radio frequency.

Sec. 90-72. Notification of police dispatcher.

Sec. 90-73. Lien for amount of service rendered.

Sec. 90-74. Violation; loss of privilege to serve.

Secs. 90-75? 90-105. Reserved.

Article III. Taxicabs

Division 1. Generally

Sec. 90-106. Definitions.

Sec. 90-107. License.

Sec. 90-108. Fixed place of business.

Sec. 90-109. Indemnity for benefit of city.

Sec. 90-110. Insurance.

Sec. 90-111. Blanket policy.

Sec. 90-112. Notice when voided.

Secs. 90-113? 90-135. Reserved.

Division 2. Taxicab Driver's Permit

Sec. 90-136. Required.

Sec. 90-137. Application.

Sec. 90-138. Physician's certificate.

Sec. 90-139. Qualifications of applicant.

Sec. 90-140. Photographs.

Sec. 90-141. Fee.

Sec. 90-142. Current state driver's license required.

Sec. 90-143. Police investigation of applicant.

Sec. 90-144. Examination of applicant; grant or denial; appeal.

Sec. 90-145. Display.

Sec. 90-146. Alteration.

Sec. 90-147. Transferability.

Sec. 90-148. Duration.

Sec. 90-149. Suspension.

Sec. 90-150. Revocation.

Sec. 90-151. Driving after suspension or revocation.

Sec. 90-152. Appeals.

Secs. 90-153? 90-175. Reserved.

Division 3. Operating Regulations

Sec. 90-176. Identification and marking.

Sec. 90-177. Display of vehicle number.

Sec. 90-178. Identification lights.

Sec. 90-179. Registration.

Sec. 90-180. Color scheme.

Sec. 90-181. Safe mechanical condition.

Sec. 90-182. Cleanliness.

Sec. 90-183. State license tag.

Sec. 90-184. Vehicle inspection.

Sec. 90-185. Removal from streets.

Sec. 90-186. Manifest.

Sec. 90-187. Taximeter.

Sec. 90-188. Rates of fare; rate card.

Sec. 90-189. Receipt.

Sec. 90-190. Refusal of passenger to pay legal fare.

Sec. 90-191. Stands.

Sec. 90-192. Telephone stands.

Sec. 90-193. Application for stands.

Sec. 90-194. Leaving of vehicle while waiting to be hired.

Sec. 90-195. Soliciting passengers.

Sec. 90-196. Cruising.

Sec. 90-197. Carrying more than one fare-paying passenger.

Sec. 90-198. Number of passengers.

Sec. 90-199. Refusal to carry orderly passengers.

Sec. 90-200. Driver prohibitions.

Sec. 90-201. Smoking.

Sec. 90-202. Movement under certain circumstances.

Sec. 90-203. Property left by passenger.

ARTICLE I.
IN GENERAL

Secs. 90-1? 90-60. Reserved.

ARTICLE II.
TOWING AND WRECKER SERVICE*

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State law references: Wrecker driver required to remove glass and parts of vehicle being towed, O.C.G.A. § 40-6-276.

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Sec. 90-61. List.

In order for any person, including service stations, auto service companies, towing services, wrecker services or other businesses to operate a towing or wrecker service within the city limits, the following conditions, standards, qualifications and requirements shall be complied with:

(1) The chief of police shall prepare and maintain a list, in alphabetical order, for all garage or other business establishments referred to in this section, which desire to engage in a wrecker service or towing service within the city. The chief of police shall supply applications to applicants desiring to qualify to operate a wrecker or towing service within the city;

(2) From such applications, the chief of police shall prepare and maintain a wrecker service list and all such persons whose name appears on the wrecker service list shall meet the qualifications as set out by the chief of police and as set out by the ordinances of the city;

(3) No application, as provided for in subsection (2) of this section, shall be considered unless the applicant shall maintain a storage area, as provided for in section 90-65, and that the storing facility for towed vehicles shall be physically located within the city limits;

(4) If for any reason it shall become necessary for the police department to remove any vehicle, for any cause, from the public ways or other places in the city, the police department shall first call the company with whom the city has a contract for such towing or wrecker services. If such company does not or is unable to respond, the police department may call any of the other towing or wrecker service companies licensed and operating in the city. The mayor and aldermanic board shall make the selection of the company with whom the city will contract for wrecker and towing services under such terms and conditions as they may deem appropriate;

(5) The owner or person in possession of a vehicle about to be removed shall have the right to designate a towing or wrecker service. It shall be the duty of the investigating officer to first determine, if possible, whether such person has a preference before reporting the need for a towing or wrecker service to be dispatched;

(6) If it becomes necessary to tow a vehicle whose gross vehicle weight is in excess of 6,500 pounds, or if there is not available a qualified operator on the available list to handle the tow, the chief of police or his designee shall have authority to call such other businesses, garages or establishments who have the proper equipment in order to handle the tow.

(Code 1976, § 20-50; Ord. of 4-19-1993, §§ II, III)

Sec. 90-62. Definitions.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Towing or providing wrecker service means the answering of any call to remove any vehicle from a public right-of-way, or removal of a vehicle from property adjacent to a public right-of-way.

(Code 1976, § 20-51)

Cross references: Definitions generally, § 1-2.

Sec. 90-63. Equipment.

Any person providing towing or wrecker services shall have a wrecker which meets the minimum requirements of 8,500 pounds gross vehicule weight (g.v.w.) with a 5,000-pound hand or power wench, crane and boom. All towing or wrecker vehicles will be required to carry a full compliment of service items such as fire extinguishers, chains, dollies, proper emergency lighting or flares for on-scene work, equipment needed for lifting, extricating, righting of wrecked vehicles and removal from the thoroughfares by towing or carting.

(Code 1976, § 20-52)

Sec. 90-64. Clean up of street.

Each wrecker will carry a broom and the wrecker driver or his assistant shall be required to sweep up and remove broken glass or other debris when a vehicle is removed from the street. Removing all debris from the street is part of the wrecker company's obligation. When directed by the police to remove material which is part of a load being trucked off the thoroughfare, the wrecker company may remove or subcontract for the removal of material as directed and charge a reasonable rate for such removal. When two or more companies are assigned to a call, then it shall be the equal responsibility of all for the cleaning of the wreck site.

(Code 1976, § 20-53)

Sec. 90-65. Storage area.

(a) Any person engaging in a towing or wrecker service shall have an area for the storage of towed vehicles. The parking (storage) area shall be for not less than ten vehicles.

(b) The parking (storage) area shall be located within a zoning area which permits such activity. In addition to any requirements contained in the zoning ordinance, the site plan for the parking (storage) area shall be approved by the planning and zoning commission and the aldermanic board. The site plan shall contain such buffers, including fencing and screening, as is appropriate, based upon the size, location and character of the property being utilized as the parking (storage) area and the adjacent properties within the nearby area, to shield the vehicles being stored from the view of the adjacent property and/or streets.

(Code 1976, § 20-54; Ord. of 10-21-1991, § I)

Sec. 90-66. Maintenance of wreckers; regulation by police department.

The person providing a towing or wrecker service will maintain such wreckers as are required by the police department of the city and shall abide by all regulations that may be instituted by the police department to maintain a high level of service to the public.

(Code 1976, § 20-55)

Sec. 90-67. Charges.

Charges for towing or wrecker service will not be greater than those contained in section 90-68. Such rates will be posted in the place of business in such a manner as to be prominently displayed for attention and information of the claimant's vehicle which has been towed. The police department of the city will not be responsible for any charges placed against towed vehicles. All charges will be paid by the vehicle's owner or by sums derived from the legal sale of such towed vehicle to cover costs.

(Code 1976, § 20-56)

Sec. 90-68. Schedule of fees.

The fee or rate of charge for providing towing or wrecker service shall be provided as follows:

(1) The normal fee or basic towing charge shall not be in excess of an amount as set forth in the schedule of fees and charges. Such "normal towing" shall be defined as responding to a call for the tow of any vehicle that is accomplished by the attaching of such vehicle to the equipment on the wrecker, and does not require the use of carts, dollies or other auxiliary equipment;

(2) A fee as set forth in the schedule of fees and charges for basic towing wrecker fee may be charged for responding to a call for a tow on a vehicle that is accomplished by the attaching to such vehicle the equipment on the wrecker, and which requires the use of dollies, carts or other auxiliary equipment to ensure removal of the vehicle;

(3) When a vehicle is being towed for a distance of more than ten miles, the towing or wrecker charge will not exceed an amount set forth in the schedule of fees and charges per additional mile. All entities providing towing or wrecker services within the city shall maintain liability insurance in the form of a comprehensive, general automobile liability policy. Such policy will protect the wrecker service from claims for bodily injury, including the death of its employees and all others, and for claims of property damage, and/or all claims which may arise out of or as a result of services performed at the request of the police department of the city. Owners of towing or wrecker services shall indemnify the city for all claims and damages arising from the services performed by such wrecker. The minimum liability insurance shall be as follows:

(4) All persons engaged in towing or wrecker services within the city shall provide to the chief of police a copy of his insurance certificate showing the amount and expiration date of such policy.

(Code 1976, § 20-57; Ord. of 10-21-1991, § II)

Sec. 90-69. Failure to respond to call; consequences.

Failure to respond to a call by a towing or wrecker service to pick up a disabled or parked vehicle when requested to do so by the police department of the city, may result in the loss of such towing or wrecker service's right to operate such service within the city.

(Code 1976, § 20-58)

Sec. 90-70. Emergency amber light.

Each wrecker must be equipped with an emergency amber light which will be used en route to the scene of the emergency whenever necessary.

(Code 1976, § 20-59)

Sec. 90-71. Monitoring police radio frequency.

Any person operating a towing or wrecker service within the city will not monitor any one of the police department radio channels (frequencies) for the purpose of monetary gain (USC tit. 47, § 605, Secrecy of Communications).

(Code 1976, § 20-60)

Sec. 90-72. Notification of police dispatcher.

No person operating a towing or wrecker service within the city will answer any call unless he first notifies the dispatcher of the police department of the city as to the nature of the request or location of the vehicle.

(Code 1976, § 20-61)

Sec. 90-73. Lien for amount of service rendered.

Any person meeting the provisions of this article that has provided towing or wrecker services, or storage of a vehicle, shall have a lien for the amount of services rendered, and such vehicle may be sold to satisfy such lien in accordance with the provisions of state law.

(Code 1976, § 20-62)

Sec. 90-74. Violation; loss of privilege to serve.

Any person providing towing or wrecker services within the city that violates any provision of this article shall be subject to the loss of his right to provide towing or wrecker services within the city.

(Code 1976, § 20-64)

Secs. 90-75? 90-105. Reserved.

ARTICLE III.
TAXICABS

DIVISION 1.
GENERALLY

Sec. 90-106. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Company means the holder of a license to operate a taxicab business under the provisions of this article, whether a person, firm, partnership or corporation.

Driver means any person who drives or operates a taxicab on the streets of the city for a licensed taxicab company.

Driver's permit means the written authority granted by the city for an individual to drive or operate a taxicab within the city.

License means the right and privilege granted by the city for the operation of a taxicab business incorporating the use of one or more taxicabs within the corporate limits of the city.

Stand means a public place alongside the curb of a street, or elsewhere, which has been designated by the city as reserved exclusively for the use of taxicabs.

Street means and includes any street, alley, lane, avenue, court or public place in the city.

Taxicab means a motor vehicle engaged in the business of carrying passengers for hire, or offering to carry passengers for hire, except motor vehicles used as ambulances, sightseeing cars or buses, and limousines and buses operating on a fixed route.

Taxicab inspector means the individual, employee or organizational unit of the city charged with the responsibility for administering and enforcing this article, except for specific responsibilities otherwise provided in this article.

Taximeter means a meter, instrument or device attached to a taxicab which measures the distance driven and the waiting time upon which the fare is based.

Telephone stand means a place alongside a street, or elsewhere, where a licensed taxicab company has been authorized by the city to install a telephone or call box for the taking of calls and the dispatching of taxicabs.

(Ord. of 12-2-1991, § II)

Cross references: Definitions generally, § 1-2.

Sec. 90-107. License.

(a) No person shall operate a business involving the use of one or more taxicabs on the streets of the city, unless a license for such business has first been granted by the city in accordance with the provisions of chapter 26. Such license shall be effective only for the calendar year stated in the license, unless suspended or revoked sooner as provided by ordinance.

(b) Application for a license under this section shall be made on forms provided by the city clerk and shall provide such information as is required for other business license applications, and such additional information as may be necessary to define completely the business operation. Renewal of such license shall be required prior to January 31 of each year.

(Ord. of 12-2-1991, § III)

Sec. 90-108. Fixed place of business.

Each taxicab company, as a condition for holding a license under the provisions of this article and chapter 26, shall establish and maintain a fixed headquarters on private property for the operation of the company's business. The headquarters shall conform to the requirements of the city zoning ordinances and other applicable ordinances of the city, and shall provide adequate off-street parking space for all taxicabs not in service on the streets. Such company headquarters shall not be moved except by the approved transfer of the company's license to another location.

(Ord. of 12-2-1991, § IV)

Sec. 90-109. Indemnity for benefit of city.

Any taxicab company operating under this article shall hold the city harmless against any and all liability, loss, costs, damages or expenses which may accrue to the city by reason of the negligence, default or misconduct of the company in connection with the rights granted to such company under this article. Nothing in this article shall be considered to make the city liable for damages because of any negligent act, omission or commission by any taxicab company, its servants, agents, drivers or other employees, during the operation by the company of a taxicab business or service, either in respect to injuries to persons or damage to property which may be sustained.

(Ord. of 12-2-1991, § V)

Sec. 90-110. Insurance.

Any taxicab company desiring a license to do business within the city shall give and maintain a policy of indemnity insurance with an indemnity insurance company authorized to do business in the state for each vehicle in use as a taxicab. The minimum indemnity insurance coverage shall be $25,000.00 for bodily injury to any one person, $100,000.00 for injury to more than one person which is sustained in the same accident, and $10,000.00 for property damage resulting from one accident. Such indemnity insurance shall inure to the benefit of any person who shall be injured or who shall sustain damage to property caused by the negligence of a taxicab company, its servants or agents.

(Ord. of 12-2-1991, § VI)

Sec. 90-111. Blanket policy.

Any person operating a taxicab in the city shall give a separate policy of indemnity insurance for each separate taxicab for hire, except where such person actually owns or holds legal title to more than one taxicab, in which event, such person may give one policy of indemnity insurance covering all the taxicabs actually owned. This latter provision, however, shall not apply to any group of persons separately owning taxicabs who may be jointly operating or doing business under a licensed taxicab company name.

(Ord. of 12-2-1991, § VII)

Sec. 90-112. Notice when voided.

Before any policy of insurance required by this division is voided for any cause, nonpayment of premium or otherwise, notice thereof shall be given, in writing, to the police chief at least five days before the voiding of such policy of insurance shall take effect.

(Ord. of 12-2-1991, § VIII)

Secs. 90-113? 90-135. Reserved.

DIVISION 2.
TAXICAB DRIVER'S PERMIT

Sec. 90-136. Required.

No person shall operate a taxicab for hire upon the streets of the city, and no person who owns or operates a taxicab company shall permit a taxicab to be driven, and no taxicab operating under a taxicab company licensed by the city shall be driven at any time for hire, unless the driver of such taxicab shall have first obtained and shall have then in force a taxicab driver's permit issued under the provisions of this division.

(Ord. of 12-2-1991, div. 1, § I)

Sec. 90-137. Application.

Any person desiring a taxicab driver's permit required by this division shall submit an application, in writing, to the police chief, on a form to be furnished by the city clerk. Such application shall be made under oath and shall state the age of the applicant, his address, length of time he has resided in the city, his knowledge of the streets and traffic laws of the city and how such knowledge was obtained, whether he has any physical infirmities, and whether he has been convicted of a violation of any of the laws of the state or of this Code or other ordinances of the city, and if so, when and of what offense, and the sentence of the court for such offense.

(Ord. of 12-2-1991, div. 1, § II)

Sec. 90-138. Physician's certificate.

Each application for a taxicab driver's permit shall be accompanied by a certificate from a reputable physician of the city certifying that, in his opinion, the applicant is not inflicted with any disease or infirmity which might make him an unsafe or unsatisfactory driver. In the case of renewal of a taxicab driver's permit, the physician's certificate shall be updated every two years. Should the police chief determine, in his opinion, that the health of any taxicab driver has deteriorated to the extent that it might make him an unsafe or unsatisfactory driver, the taxicab driver shall be required to provide an updated physician's certificate upon the request of the taxicab inspector. Failure to comply with the request shall be subject to suspension of the taxicab driver's permit.

(Ord. of 12-2-1991, div. 1, § III)

Sec. 90-139. Qualifications of applicant.

An applicant for a taxicab driver's permit under this division must not be less than 18 years of age, with no physical infirmities which might make such applicant an unsafe or unsatisfactory taxicab driver. No taxicab driver's permit shall be issued to any person who has been convicted of operating a motor vehicle while under the influence of intoxicating beverages or drugs within one year prior to the date of the application for such taxicab driver's permit, or who has been convicted of reckless driving within one year prior to the date of the application for such taxicab driver's permit, or who has been convicted of any of these offenses three or more times within five years prior to the date of the application for such taxicab driver's permit; nor shall a taxicab driver's permit be issued to any person who has, within three years prior to the date of the application for such taxicab driver's permit, been convicted of any crime related to transporting persons for immoral purposes, or who has, within three years prior to the date of the application for such taxicab driver's permit, been convicted of a felony.

(Ord. of 12-2-1991, div. 1, § IV)

Sec. 90-140. Photographs.

Before any taxicab driver's permit is granted under this division, the police chief shall take two photographs of the applicant. One photograph shall be attached permanently to the taxicab driver's permit for display in the vehicle which the applicant is to drive, and the second photograph shall be filed for record by the police chief.

(Ord. of 12-2-1991, div. 1, § V)

Sec. 90-141. Fee.

Before any taxicab driver's permit is granted under this division, a taxicab driver's permit fee, as set forth in the schedule of fees and charges, shall be paid by the applicant.

(Ord. of 12-2-1991, div. 1, § VI)

Sec. 90-142. Current state driver's license required.

Any person applying for a taxicab driver's permit under this division must show that he has a current motor vehicle operator's license issued or approved by the state, and that the license is not under suspension or revocation.

(Ord. of 12-2-1991, div. 1, § VII)

Sec. 90-143. Police investigation of applicant.

The taxicab inspector, through the police department, shall conduct an investigation of each applicant for a taxicab driver's permit, and a report of such investigation and a copy of the traffic and police record of the applicant, if any, shall be attached to the application for a taxicab driver's permit.

(Ord. of 12-2-1991, div. 1, § VIII)

Sec. 90-144. Examination of applicant; grant or denial; appeal.

It shall be the duty of the taxicab inspector to examine the applicant for a taxicab driver's permit, his references, police and traffic record and other vouchers, and thereafter to either grant or refuse the taxicab driver's permit. In the event of a refusal to grant a taxicab driver's permit, the applicant shall have the right to enter an appeal.

(Ord. of 12-2-1991, div. 1, § IX)

Sec. 90-145. Display.

The taxicab driver's permit issued under the provisions of this division shall be placed on display in the taxicab to be operated by the holder of the taxicab driver's permit, where the taxicab driver's permit will be in clear view of the passengers at all times when the taxicab is for hire.

(Ord. of 12-2-1991, div. 1, § X)

Sec. 90-146. Alteration.

It shall be unlawful for any person willfully to alter, deface, obliterate or destroy a taxicab driver's permit, or cause or allow such alteration, defacing, obliteration or destruction of such taxicab driver's permit.

(Ord. of 12-2-1991, div. 1, § XI)

Sec. 90-147. Transferability.

No taxicab driver's permit issued under this division is transferable, and is to be used solely by the person to whom it is issued.

(Ord. of 12-2-1991, div. 1, § XII)

Sec. 90-148. Duration.

Any taxicab driver's permit shall be in effect for 12 months from the date of issue. Taxicab driver's permits may be renewed, upon application and payment of the required fee, for each 12-month period thereafter, unless the taxicab driver's permit for the preceding period has been revoked or is under suspension.

(Ord. of 12-2-1991, div. 2, § XIII)

Sec. 90-149. Suspension.

The police chief shall have the authority to suspend a taxicab driver's permit for the following reasons:

(1) The driver is charged with operating a motor vehicle while under the influence of intoxicating beverages or drugs, or reckless driving;

(2) Making any false statement in the application for the taxicab driver's permit;

(3) Operating a taxicab in violation of any provision of division 3 of this article.

Such suspension by the police chief shall be lifted upon dismissal or dropping of the charges; upon satisfactory correction of any false statement in the application; upon correction of the violation of any provision of division 3 of this article; upon ruling in favor of the driver in any hearing before the city manager or the aldermanic board; or at the expiration of 60 days from the date of the suspension. From the decision of the police chief to suspend a taxicab driver's permit, the holder of such taxicab driver's permit shall have the right to appeal a decision to the city manager, and the right thereafter to appeal a decision of the city manager to the aldermanic board.

(Ord. of 12-2-1991, div. 2, § XIV)

Sec. 90-150. Revocation.

If any driver holding a taxicab driver's permit under this division, at any time, ceases to meet the qualifications or fails to correct satisfactorily any false statement made in the application for the taxicab driver's permit, or fails to operate his taxicab in accordance with the provisions of division 3 of this article, the aldermanic board, upon petition by the city manager, shall be empowered to revoke permanently the taxicab driver's permit or to restore the taxicab driver's permit after a hearing.

(Ord. of 12-2-1991, div. 2, § XV)

Sec. 90-151. Driving after suspension or revocation.

It shall be unlawful for any person to operate a motor vehicle for hire or taxicab for the carriage of passengers during any period in which his permit to do so is suspended or revoked in accord with the provisions of this division.

(Ord. of 12-2-1991, div. 2, § XVI)

Sec. 90-152. Appeals.

Appeals from the decision of the police chief and/or the city manager, and appeals from the decision of the city manager, shall be conducted as follows:

(1) An appeal to the city manager from a ruling of the police chief shall be made within 30 days of such ruling. The appellant shall be informed within ten days of the ruling, in writing, of the reasons for the decision of the city manager.

(2) An appeal to the aldermanic board from a decision of the city manager shall be made within 30 days of the ruling of the city manager. The appellant shall receive within ten days of the ruling, in writing, the reasons for the decision of the aldermanic board. A copy of the petition of the city manager to the aldermanic board of revocation of a permit shall be provided to the permit holder in question 30 days prior to the hearing of the petition by the aldermanic board and the holder of the permit in question shall have the right to appear at such hearing to present evidence, examine the evidence of the appellee and to cross-examine. The appellant shall have the right to be represented by counsel.

(Ord. of 12-2-1991, div. 1, § XIII)

Secs. 90-153? 90-175. Reserved.

DIVISION 3.
OPERATING REGULATIONS

Sec. 90-176. Identification and marking.

Every taxicab shall have on the door on each side of the vehicle, in letters not less than four inches high, a sign plainly indicating the full name of the taxicab company operating the vehicle, and including words such as "taxicab," "taxi" or "cab." Such sign shall be either painted or permanently affixed to the side of the vehicle.

(Ord. of 12-2-1991, div. 2, § I)

Sec. 90-177. Display of vehicle number.

There shall be shown on the door on each side and on the rear of each taxicab a number, at least four inches high, which number shall be separate and distinct from that on any other public vehicle or taxicab in the city. Such number shall be assigned to such taxicab and the owner thereof by the taxicab inspector and shall not be altered or changed without the consent of the taxicab inspector. Such number shall either be painted on the vehicle or shall be permanently affixed thereon.

(Ord. of 12-2-1991, div. 2, § II)

Sec. 90-178. Identification lights.

Every taxicab operated on the streets of the city shall display, as a part of its equipment, an identification insignia on the top of such taxicab, which shall be electrically lit at night, and which top light shall carry either the name of the company operating the taxicab, the word "taxi" or the word "taxicab" or "cab"; provided, however, that during the period in which a taxicab is occupied and under hire by a passenger, the identification insignia on the top of the vehicle shall not be lit.

(Ord. of 12-2-1991, div. 2, § III)

Sec. 90-179. Registration.

The number assigned a taxicab in accordance with this division, together with the names of the owner and operator of the taxicab, shall be registered with the police chief in a book to be kept for such purpose.

(Ord. of 12-2-1991, div. 2, § IV)

Sec. 90-180. Color scheme.

No two taxicab companies or taxicab operators may operate taxicabs of the same color scheme. Color schemes shall be recorded and controlled by the police chief.

(Ord. of 12-2-1991, div. 2, § V)

Sec. 90-181. Safe mechanical condition.

Every taxicab operated on the streets of the city shall be maintained in a safe mechanical condition, with all safety and pollution control equipment remaining intact and operative at all times when the taxicab is in service.

(Ord. of 12-2-1991, div. 2, § VI)

Sec. 90-182. Cleanliness.

Each vehicle under this division shall be kept painted, and in a clean and sanitary condition, free of litter and debris, and at all times suitable for public transportation of passengers.

(Ord. of 12-2-1991, div. 2, § VII)

Sec. 90-183. State license tag.

Prior to the use and operation of any vehicle as a taxicab under the provisions of this division, the owner of such vehicle shall secure and display on the vehicle a current state license registration tag.

(Ord. of 12-2-1991, div. 2, § VIII)

Sec. 90-184. Vehicle inspection.

(a) Each vehicle operating under this division shall be inspected annually by the police chief and shall display the appropriate evidence of successfully passing such inspection.

(b) Each taxicab shall also be inspected by the police chief for compliance with the provisions of this division and shall pass such inspection before the vehicle may be used as a taxicab in the city. Each taxicab involved in an accident shall be inspected by the police chief before it may be returned to service transporting passengers for hire. Each taxicab shall be inspected by the police chief at least once in each six-month period to ensure continued maintenance of safe operating condition and continued compliance with the provisions of this division.

(Ord. of 12-2-1991, div. 2, § IX)

Sec. 90-185. Removal from streets.

The police chief shall have the authority to remove from operation on the streets of the city, any vehicle used as a taxicab which is in violation of this division, and to prohibit operation of such taxicab until all deficiencies have been corrected. An order of the police chief to remove a vehicle from the streets of the city may be appealed to the city manager and to the aldermanic board.

(Ord. of 12-2-1991, div. 2, § X)

Sec. 90-186. Manifest.

Each taxicab driver, operator or company shall maintain a daily manifest upon which shall be recorded all trips made by each vehicle each day, showing the time and place of origin and destination of each trip and the amount of the fare for such trip. All such completed manifests shall be returned to the taxicab company by the driver at least weekly, or shall be maintained by the company at its offices at the conclusion of each driver's daily tour of duty. Each taxicab company shall retain and preserve all driver's manifests for at least 12 months, and such manifests shall be made available to the police chief and to any officer of the police department at all reasonable times.

(Ord. of 12-2-1991, div. 2, § XI)

Sec. 90-187. Taximeter.

All taxicabs operated under the authority of this division shall be equipped with taximeters fastened in front of passengers, visible to them at all times, day and night; and, after sundown, the face of the taximeter shall be illuminated. The taximeter shall be operated by a mechanism of standard design and construction. Any such taximeter shall be sealed at all points and connections which, if manipulated, would affect its correct reading and recording. Each taximeter shall have thereon a signal to denote when the vehicle is employed and when it is not employed, and it shall be the duty of the driver of a taxicab to activate the signal of such taximeter into a nonrecording position at the termination of each trip. Any taximeter shall be subject to inspection at any time by the police chief, and upon discovery of any violation or any inaccuracy, the police chief shall notify the operator of such taxicab to cease operation immediately, which action shall be taken. The taxicab shall be kept out of service until the taximeter is repaired and the required working condition is restored.

(Ord. of 12-2-1991, div. 2, § XII)

Sec. 90-188. Rates of fare; rate card.

No owner or driver of a taxicab shall charge a greater sum for the use of a taxicab than in accordance with the published and advertised rates which shall be displayed in each vehicle. Each taxicab under this division shall have a rate card setting forth the authorized rates for hourly rates, mileage rates, waiting time rates, rates for the use of trunk space and baggage rates. Such rates shall be as set forth in the schedule of fees and charges. In no event shall any charge be made for time and/or mileage in traveling to the location of a prospective customer. The rate card shall be displayed in such place as to be conspicuous and to be in the view of all passengers.

(Ord. of 12-2-1991, div. 2, § XIII)

Sec. 90-189. Receipt.

The driver of any taxicab shall, upon demand by the passenger, render to such passenger a receipt for the amount charged, on which shall be the name of the taxicab company, the taxicab number, name and permit number of the driver, trip origin and destination, amount of charges and date of transaction.

(Ord. of 12-2-1991, div. 2, § XIV)

Sec. 90-190. Refusal of passenger to pay legal fare.

It shall be unlawful for any person to refuse to pay the legal fare of any vehicle licensed under this article after having hired such vehicle. It shall be unlawful for any person to hire any taxicab with the intent to defraud the person from whom it is hired of the value of such service.

(Ord. of 12-2-1991, div. 2, § XV)

Sec. 90-191. Stands.

No parking shall be permitted in the corporate limits of the city, except at such stands as may be established by the aldermanic board upon the recommendation of the city manager, which parking stands shall be designated by signs. Whenever any such stand is established, such stand may be used by taxicabs upon a rotation basis of first come-first served, except as otherwise provided in this division.

(Ord. of 12-2-1991, div. 2, § XVI)

Sec. 90-192. Telephone stands.

It shall be unlawful for any person to install or attach any telephone or similar device on any telephone post, telegraph post, tree post or on the side of any building in any street, sidewalk, alley or lane in the city for the purpose of using such telephone in connection with the taxicab business, unless a place in the street adjacent to such telephone has been designated as a regular stand for taxicabs. The operator or driver of taxicabs licensed under this article shall not use cab stands as base stations to dispatch other units.

(Ord. of 12-2-1991, div. 2, § XVII)

Sec. 90-193. Application for stands.

Any person desiring to have a place designated as a regular stand for taxicabs in the city or as a telephone stand shall make application by written petition to the aldermanic board for the establishment of such taxicab stand, setting out where such stand is desired to be set apart. The written permission of the property owner whose property abuts such taxicab stand shall be first obtained and filed with the application.

(Ord. of 12-2-1991, div. 2, § XVIII)

Sec. 90-194. Leaving of vehicle while waiting to be hired.

It shall be unlawful for any driver of any taxicab to leave such vehicle, or the immediate premises thereof, while such vehicle is parked on a cab stand while waiting to be hired.

(Ord. of 12-2-1991, div. 2, § XIX)

Sec. 90-195. Soliciting passengers.

It shall be unlawful for any person to solicit passengers verbally or by gesture, directly or indirectly, at any taxicab stand or upon the streets of the city.

(Ord. of 12-2-1991, div. 2, § XX)

Sec. 90-196. Cruising.

Taxicab drivers shall be permitted to drive such taxicabs about the streets of the city for the purpose of picking up and transporting passengers.

(Ord. of 12-2-1991, div. 2, § XXI)

Sec. 90-197. Carrying more than one fare-paying passenger.

It shall be unlawful for the operator of any taxicab to pick up a second passenger, or to permit any other person to occupy or ride in the taxicab when such taxicab is occupied by a fare-paying passenger or by members of the party of the fare-paying passenger, without the consent of such fare-paying passenger.

(Ord. of 12-2-1991, div. 2, § XXII)

Sec. 90-198. Number of passengers.

No driver shall permit more persons to be carried in a taxicab as passengers than the rated seating capacity of his taxicab. A child in arms shall not be counted as a passenger.

(Ord. of 12-2-1991, div. 2, § XXIII)

Sec. 90-199. Refusal to carry orderly passengers.

No driver shall refuse or neglect to convey any orderly person, upon request, unless previously engaged or unable or forbidden by the provisions of this article to do so.

(Ord. of 12-2-1991, div. 2, § XXIV)

Sec. 90-200. Driver prohibitions.

It shall be unlawful for any driver of a taxicab to solicit business for any hotel or other business, or to attempt to divert patronage from one hotel or business to another. Neither shall such taxicab driver engage in selling or soliciting for the sale of intoxicating beverages or illegal drugs, or solicit for prostitution, or use his vehicle for any purpose other than the transportation of passengers.

(Ord. of 12-2-1991, div. 2, § XXV)

Sec. 90-201. Smoking.

It shall be unlawful for the driver of any taxicab operated upon the streets of the city to smoke in such taxicab while the taxicab is occupied by a passenger, without the consent of such passenger.

(Ord. of 12-2-1991, div. 2, § XXVI)

Sec. 90-202. Movement under certain circumstances.

No driver shall collect fares, make change or take on or discharge passengers while his taxicab is in motion.

(Ord. of 12-2-1991, div. 2, § XXVII)

Sec. 90-203. Property left by passenger.

Any taxicab driver or operator discovering in any taxicab under his control personal property which was lost or left therein by a passenger of such taxicab shall report such loss and deliver all such property to the office of the taxicab company within 12 hours after the discovery of such property. The taxicab driver's report shall include brief particulars to enable the company to identify the owner of the property. The company shall retain the property on behalf of the owner for at least 60 days.

(Ord. of 12-2-1991, div. 2, § XXVIII)