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AN ORDINANCE TO REGULATE TAXICABS AND VEHICLES FOR HIRE IN THE CITY OF FOLEY (NOT TO INCLUDE “TRANSPORATION NETWORK COMPANIES”) AND TO AMEND ORDINANCE NO. 1018-07
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WHEREAS, the City of Foley sees the need to update its requirements for taxicabs and vehicles for hire.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FOLEY, ALABAMA AS FOLLOWS:
SECTION 1: DEFINITIONS
Unless the context clearly indicates a different meaning, the following words and phrases, wherever used in this article, shall have the meanings respectively described to them in this section:
Bus: Any vehicle designed, constructed or used for the transportation of 16 or more passengers, including the driver, or any vehicle required to obtain commercial licenses and permits pursuant to state and federal laws governing commercial vehicles.
Business License: The license required by Ordinance No. 1018-07 to operate a taxicab or limousine within the City.
City: The City of Foley and its police jurisdiction.
Driver/Operator: Any person engaged in the business of operating a taxicab or limousine within the City or its police jurisdiction.
Limousine: A motor vehicle used in the business of transporting passengers for hire in the city or its police jurisdiction, not operated on a fixed route. Limousines are unmetered, unmarked, ground transportation vehicles regularly engaged in the business of transporting passengers on a pre-reserved basis only. Provided, however, the classification “limousine” shall not apply to a motor vehicle which is:
1. Classified as a taxicab as herein defined.
2. Used exclusively by or under a written agreement with a hotel, motel, airport, hospital, club or other such entity for the transportation of its members, guests, patients or clients; provided, that each vehicle under such agreement will have the same distinctive visible outside painted appearance as each other vehicle under the agreement to any such hotel, motel, airport, hospital, club or other such entity.
Owner: A person owning or controlling one or more taxicabs or limousines and driving or causing such vehicle to be driven within the city or its police jurisdiction.
Passenger: A person or persons other than the driver, who is an occupant of a taxicab or limousine, who for the purposes of this article, is presumed to be a passenger or passengers for hire.
Person: An individual partnership, firm, association, corporation or any other legal entity.
Taxicab: A metered general transportation vehicle regularly engaged in the business of transporting passengers. Any automobile or similar vehicle having a seating capacity limited to the number of passengers for which there is an operational, manufacturer-installed seatbelt for each individual passenger, engaged in carrying passengers for hire other than along a fixed route. Provided, however, the classification of “taxicab” shall not apply to any motor vehicle which is:
1. Classified as a limousine as herein defined.
2. Used exclusively by or under a written agreement with a hotel, motel, airport, hospital, club or other such entity for the transportation of its members, guests, patients or clients; provided, that each vehicle under such agreement will have the same distinctive outside painted appearance as each other vehicle under the agreement to any such hotel, motel, airport, hospital, club or other such entity.
Terminal: The fixed base of operations from which the applicant proposes to conduct the taxicab or limousine business.
SECTION 2: IDENTIFICATION OF VEHICLES
(a) All taxicabs shall have words “taxi” or “taxicab”, in printed letters, permanently affixed, on at least one door on each side of the taxicab in letters not less than four inches in height and of corresponding width, in paint of a different color from that of the remainder of the door so as to be easily read.
(b) All taxicabs shall have a number displayed on both sides of the body of each taxicab on the front end and rear of each taxicab in numerals of at least three inches in height. Any person with more than one taxicab shall have a different number displayed on each taxicab.
(c) All taxicabs shall have the name of the corporation or person that is the owner or operator affixed on both sides of the taxicab in letters not less than four inches in height and corresponding width, in a different color from that of the remainder of the door so as to be easily read.
(d) All taxicabs and limousines shall have the appropriate decals provided by the City of Foley clearly visible and affixed to the vehicle. These decals will be issued upon successful completion of the vehicle inspection and issuance of the City of Foley business license.
SECTION 3: INSPECTION OF VEHICLES
The Chief of Police (or designee) shall inspect, or cause to be inspected, every taxicab or limousine operating in the city or its police jurisdiction, prior to approval of the vehicle for licensure and as often as such Chief (or designee) may deem necessary to determine whether such vehicle is in a safe condition to be operated as a taxicab or limousine. When the Chief of Police (or designee) notifies the person engaged in the business of operating a taxicab or limousine that an inspection is to be made, such person shall submit the vehicle for inspection at the time and place specified by such officer. Nothing herein shall prevent the Chief of Police (or designee) from inspecting any taxicab or limousine at any reasonable time that such officer sees fit and, if the vehicle is found to be in a defective condition, to order its use as a taxicab or limousine discontinued until it has been approved. A complete record shall be kept by the Chief of Police (or designee) of all inspections made.
Each taxicab and limousine shall be equipped with the following, each of which must be kept in good working order:
(1) Tires in good condition with acceptable tread depth;
(2) Headlights;
(3) Tail Lights;
(4) Turn Indicator Lights;
(5) Brake Lights;
(6) Emergency/Parking Brake;
(7) Unbroken Windshield;
(8) Safety Belts for Driver & Passengers;
(9) Unbroken Rear window and other glass;
(10) Windshield Wipers;
(11) Doors (Open/Close/Lock);
(12) Horn;
(13) Bumpers;
(14) Muffler and Exhaust System;
(15) Interior & Exterior rear/side view mirrors;
(16) Interior in good, clean condition
(17) No vehicle should be a model year of more than ten years prior to the calendar year in which the inspection is performed, with an exception for “vintage” vehicles, as long as all of the above listed criteria is met.
If any vehicle fails to meet any of the above listed requirements, such vehicle shall be deemed to be an unserviceable vehicle and unfit for public use and may be removed from service until the vehicle is brought into compliance. No person shall operate any taxicab or limousine which has been wrecked or damaged until such vehicle has been repaired and brought into compliance with this article.
SECTION 4: PROOF OF INSURANCE
Applicant shall present a current insurance certificate for an amount not less than that required by the rules and regulations for motor carriers of the Alabama Public Service Commission.
SECTION 5: DRIVER QUALIFICATIONS
No person shall be approved to operate a taxicab or limousine who:
(a) Has been convicted, within the past seven years of driving under the influence of drugs or alcohol, fraud, sexual offenses, use of a motor vehicle to commit a felony, a crime involving property damage and/or thefts, acts of violence or terrorism that constitutes a felony under the Anti-Terrorism Act of 2002, or a similar felony offense under the laws of another jurisdiction
(b) Is a match in the National Sex Offender Public Website
(c) Has accumulated more than three (3) moving violations or a major driving violation, including but not limited to attempting to evade the police, reckless driving or driving on a suspended or revoked license, during the three year period prior to the driving history check
(d) Does not possess a valid driver’s license, or who is under nineteen (19) years of age
SECTION 6: DRIVER IDENTIFICATION
All drivers of a taxicab or limousine shall, upon approval of the Police Chief (or designee) provide a passport-size photograph to the City. This photograph will be used to create a driver’s identification card, which will be issued by the Revenue Division at no cost to the applicant, and is to be displayed in the vehicle in a conspicuous location.
SECTION 7: DRIVER APPEARANCE AND CONDUCT
(a) All drivers of taxicabs or limousines shall be neat and clean in appearance.
(b) No driver of a taxicab or limousine shall be discourteous or use vulgar or profane language while on duty.
(c) No driver of a taxicab or limousine, while in charge of operating the same, shall be under the influence of, or have any alcoholic beverages in his possession.
(d) No driver of any taxicab or limousine shall consume or be under the influence of any prescription or nonprescription drugs which impairs driving ability while on duty.
(e) Every driver, upon request to do so, shall give to any person who has been a passenger in the vehicle, or who is about to become a passenger in the vehicle, or to any police officer, the license number and name of such driver and the license number of such vehicle.
SECTION 8: REFUSAL OF PASSENGERS
It shall be unlawful for any person engaged in the operation of a taxicab business in the city or its police jurisdiction, or the driver of any taxicab, to refuse, without sufficient cause, to carry any passenger, including handicapped persons with seeing-eye dogs, to any designation in the city or its police jurisdiction designated by the passenger; provided, however, that no person shall be required to carry any person who is intoxicated or disorderly or who is afflicted with a contagious or infection disease, or who refuses to pay in advance when requested to do so, or who, for other reasons, deemed adequate by the court, shall be excluded.
SECTION 9: PENALTIES FOR VIOLATION
Any person who shall violate any of the provisions of this ordinance, shall, for each offense, upon conviction, be punished by a fine of not less than $50.00 and not more than $500.00, and may also be imprisoned in the City or County jail for a period of no more than six (6) months, either or both.
SECTION 10: AMENDS CITY OF FOLEY ORDINANCE NO. 1018-07
Section 25 (g) shall be amended to read as follows: Must meet all requirements of City of Foley Ordinance No. _________ or any subsequent ordinance regulating taxicabs and limousines.