ORDINANCE NO. 9092
AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING SECTION 6-108.17, REPEALING EXISTING CHAPTER VI, ARTICLE 6, AND ENACTING, IN ITS PLACE, CHAPTER VI, ARTICLE 6 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2015 EDITION, AND AMENDMENTS THERETO, PERTAINING TO TAXICABS.
BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:
SECTION 1. Section 6-108.17 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, is hereby amended and shall read as follows:
|
Code Section |
Classification |
Amount |
Period |
Expiration |
|
6-108.17 |
TAXICABS
Taxicab Business Permit Taxicab License (per vehicle) |
$100.00 $ 50.00
|
1 year 1 year |
Dec. 31 Dec. 31 |
SECTION 2. Existing Chapter VI, Article 6, of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, is hereby repealed in its entirety, it being the intent of the Governing Body that Section 3 of this Ordinance supersede it.
SECTION 3. Chapter VI, Article 6, of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, is hereby enacted:
ARTICLE 6. TAXICABS
6-601 PURPOSE.
The Governing Body finds that, in order to advance the health, safety, and welfare of the residents of the City of Lawrence, Kansas, it is necessary to regulate various activities, including the operation of Taxicab Businesses and Taxicabs.
6-602 DEFINITIONS.
The following words, terms, and phrases, when used in this Article, shall, except where the context clearly indicates otherwise, have the following meanings:
(a) “City Clerk” shall, for the purposes of this Article, mean the City Clerk, the interim City Clerk, anyone fulfilling the duties of the City Clerk on either a temporary or a permanent basis, or any designee of the City Clerk.
(b) “Taxicab” shall, for the purposes of this Article, mean any motor vehicle used for the purpose of transporting passengers for hire.
(c) ”Taxicab Business" shall, for the purposes of this Article, mean any person, corporation, association, or other entity, however organized, granted a Taxicab Business Permit to operate a Taxicab or Taxicabs within the corporate limits of the City.
6-603 TAXICAB BUSINESS PERMIT AND TAXICAB LICENSE REQUIRED.
No person, corporation, association, or other entity, however organized, shall operate a Taxicab within the City limits without first obtaining from the City a Taxicab Business Permit and, for each motor vehicle operated as a Taxicab, a Taxicab License.
6-604 TAXICAB BUSINESS PERMIT FEE; TAXICAB LICENSE FEE
(a) The fee for a Taxicab Business Permit shall be $100.00. The fee shall not be pro-rated or refunded for any reason, including denial of an application or revocation of a permit.
(b) The fee for a Taxicab License shall be $50.00 per motor vehicle licensed as a Taxicab. Each motor vehicle operated as a Taxicab must be licensed. The fee shall not be pro-rated or refunded for any reason, including denial of an application, revocation of a permit or license, loss or destruction of a Taxicab Business Permit or a Taxicab License, a change to the license plate number of a licensed Taxicab, or the demise or transfer of the motor vehicle so licensed.
6-605 TAXICAB BUSINESS PERMIT AND TAXICAB LICENSE APPLICATION.
Application for a Taxicab Business Permit and Taxicab License(s) shall be made to the City Clerk on a form provided by the City Clerk for that purpose. In addition to paying the Taxicab Business Permit Fee and the applicable Taxicab License Fee, the applicant shall attest to the truthfulness of the application and shall complete the application in full, providing the following information:
(a) The applicant’s full legal name. If the applicant is not a natural person, the name of the applicant and the name of a principal or a registered agent of the applicant.
(b) The applicant’s business mailing address, telephone number, and e-mail address, if any. If the applicant is not a natural person, the mailing address, telephone number, and e-mail address of the applicant and any person named as principal or registered agent.
(c) The year, make, model, vehicle identification number (VIN), seating capacity, and license plate number of each motor vehicle being licensed as a Taxicab.
(d) Proof that the applicant owns each motor vehicle being licensed as a Taxicab (e.g., a copy of the motor vehicle's title or state license registration).
(e) A certificate of insurance establishing insurance in an amount not less than $300,000.00 per occurrence, combined single limit for bodily injury and property damage for vehicles with a seating capacity of six (6) or fewer passengers, and $500,000.00 per occurrence, combined single limit for bodily injury and property damage for vehicles with a seating capacity of seven (7) or more passengers, and containing that information required by Section 6-612(b), infra.
(f) A statement indicating whether or not the applicant has had a Taxicab Business Permit or Taxicab License revoked by the City within the preceding two (2) years.
(g) A statement indicating whether or not the applicant has ever been convicted, under the laws of the State of Kansas or any other jurisdiction, of a felony, a crime involving dishonesty, a crime against a person, driving under the influence, or driving with a suspended driver's license.
(h) A statement acknowledging that the applicant shall be solely responsible for any and all driver(s) placed in charge of any Taxicab operated by the applicant.
(i) The applicant’s signature and the date of the application.
6-606 taxicab business permit; DUTY to conduct a background check on ALL taxicab drivers.
(a) No Taxicab Business shall allow a licensed taxicab vehicle to be operated by any person without first conducting a background check on that person and filing the results of that background check with the City Clerk’s Office.
(b) No person who has been convicted, under the laws of the State of Kansas, or any other jurisdiction, of a felony, a crime of dishonesty, a crime against a person, driving under the influence, or driving with a suspended driver's license, within the preceding five (5) years, shall be permitted to drive or operate a Taxicab within the City.
6-607 TAXICAB BUSINESS PERMIT, TAXICAB LICENSE ISSUANCE; DENIAL.
(a) The City Clerk shall review each application for a Taxicab Business Permit and Taxicab License and the City shall conduct a background check of each applicant. Within ten (10) business days of the application, the City Clerk shall approve the application and shall issue to the applicant a Taxicab Business Permit and Taxicab License(s), unless:
(1) The application is incomplete.
(2) The application is determined to be fraudulent, to include a material misrepresentation, or to contain a false statement.
(3) The applicant has had a Taxicab Business Permit or Taxicab License revoked by the City for any reason within the preceding two (2) years.
(4) The applicant has been convicted, under the laws of the State of Kansas, or any other jurisdiction, of a felony, a crime of dishonesty, a crime against a person, driving under the influence, or driving with a suspended driver's license within the preceding five (5) years.
(5) The applicant has an outstanding arrest warrant in this or any other jurisdiction, or is a fugitive from this or any other jurisdiction.
(b) If review of the application or the background check of the applicant discloses that any of the criteria of Section 6-606(a)(1) through (a)(5), inclusive, are met, then the City Clerk shall deny the application, by giving Notice of Denial to the applicant. Notice of Denial shall be in writing, shall be mailed to the applicant at the given address, shall inform the applicant of the reason for denial, and shall state that the applicant has fourteen (14) days from the date of the Notice of Denial in which to appeal the denial of the application to the Governing Body. The City Clerk shall maintain a copy of the Notice of Denial in his or her files and shall transmit a copy of the Notice of Denial to the Chief of Police.
(c) Any applicant, whose application is denied for any reason, except for the filing of an incomplete application under Section 6-606(a)(1), is hereby prohibited from filing with the City Clerk an application for a Taxicab Business Permit and Taxicab License for a period of one year, commencing the date after Notice of Denial is given. An applicant, whose application is denied because it is incomplete, may file a subsequent application at any time during normal business hours.
6-608 TAXICAB BUSINESS PERMIT AND TAXICAB LICENSE APPEARANCE; DURATION.
(a) The Taxicab Business Permit shall contain the seal of the City, the name of the person or entity holding the permit, a permit number, and the expiration date of the permit.
(b) The Taxicab License shall contain the seal of the City, the name of the person or entity holding the Taxicab Business Permit and Taxicab License, the Taxicab Business Permit number, the Taxicab License number, the year, make, model, and license plate number of the Taxicab, the expiration date, and any additional information deemed necessary by the City.
(c) All Taxicab Business Permits and Taxicab Licenses shall be valid for a period not to exceed one year and shall expire on December 31 of the year in which they are issued.
6-609 TAXICAB LICENSE DISPLAY.
The Taxicab License shall be prominently displayed in the interior of the motor vehicle licensed as a Taxicab, such that it shall be within plain view of any passenger, at all times that the motor vehicle is engaged as a Taxicab.
6-610 TAXICAB BUSINESS PERMIT AND TAXICAB LICENSE NON-TRANSFERABLE.
No Taxicab Business Permit or Taxicab License issued in accordance with the provisions of this Article shall be used by any person or entity other than the person, corporation, association, or other entity, however organized, in whose name it was issued.
6-611 TAXICAB BUSINESS PERMIT AND TAXICAB LICENSE RENEWAL.
(a) In order to retain a Taxicab Business Permit and Taxicab License, the person or entity holding such permit and license(s) must renew said permit and license(s) on an annual basis. To renew a Taxicab Business Permit and Taxicab License, the Licensee must, BEFORE the expiration date of that Taxicab Business Permit and Taxicab License remit to the City the appropriate Taxicab Business Permit Fee and Taxicab License Fee.
(b) There shall be assessed a $25.00 late fee for any Taxicab Business Permit and for any Taxicab License that is not renewed BEFORE the expiration date of said permit and said license(s) and the holder of said permit and license(s) seeks to renew said permit and license(s) after the expiration date.
6-612 LICENSING ADDITIONAL MOTOR VEHICLES AS TAXICABS.
Any Taxicab Business wishing to employ a motor vehicle as a Taxicab, that is not so licensed at the time of its original application, shall make application, on a form provided by the City Clerk for such purpose, to the City Clerk for a Taxicab License for that motor vehicle, providing the information required in Section 6-605, supra.
6-113 TAXICAB MARKINGS AND DECAL
(a) All Taxicabs shall be clearly marked with the name and phone number of the person or entity holding the Taxicab Business Permit and the Taxicab License.
(b) The City Clerk shall issue to each licensed Taxicab a Taxicab Decal that displays the seal of the City, the Taxicab License number and expiration date, and the license plate number of the Taxicab. The Taxicab Decal shall be affixed to the driver’s side lower corner of the rear window of the Taxicab, so that it is clearly visible from the exterior of the Taxicab and does not obstruct the Taxicab driver’s vision.
6-614 INSURANCE; CERTIFICATE OF INSURANCE.
(a) It shall be unlawful to operate a Taxicab Business or Taxicab within the City, unless the person or entity has in effect insurance coverage issued by a company authorized to transact insurance business in the State of Kansas. The insurance shall provide coverage for each Taxicab operated by the Taxicab Business in an amount not less than $300,000.00 per occurrence, combined single limit for bodily injury and property damage for vehicles with a capacity of six (6) passengers or less, and $500,000.00 per occurrence, combined single limit for bodily injury and property damage for vehicles with a capacity of seven (7) passengers or more. The insurance coverage required by this section shall insure the public against any loss or damage that may result to any person or property from the operation of all Taxicabs used by a Taxicab Business.
(b) At the time of application, the applicant shall furnish the City Clerk with a certificate of insurance coverage as a prerequisite to obtaining a Taxicab Business Permit and Taxicab License(s). The certificate shall provide that the insurer will notify the City in writing of any policy cancellation and the notice shall be sent to the City Clerk by registered mail at least 30 days prior to cancellation of the policy. The certificate shall also state:
(i) The full name of the insurer.
(ii) The full legal name and address of the insured.
(iii) The insurance policy number.
(iv) The type and limits of coverage.
(v) The specific motor vehicles covered
(vi) The effective dates of the certificate.
(vii) The certificate issuance date.
6-615 TAXICAB ACCESSIBILITY
No Taxicab Business or person driving a Taxicab shall intentionally, knowingly, or negligently:
(a) Refuse to serve a person with a disability who can otherwise use a Taxicab.
(b) Charge higher fares or fees for carrying individuals with disabilities and their equipment than those fares or fees charged to other persons.
(c) Refuse to provide assistance with the stowing of mobility devices.
(d) Refuse to allow service animals to ride with passengers with disabilities.
6-616 TAXIMETER REQUIRED; EXCEPTION; UNLAWFUL ACTS.
(a) No Taxicab may be operated within the City unless equipped with a taximeter in good operating condition. No fare higher than that which is recorded on the taximeter shall be charged. Every taximeter shall be installed at the center of the dashboard or console of the Taxicab. The reading face of the taximeter shall, at all times, be well lighted and distinctly readable to the passengers within the Taxicab.
(b) The provisions of subsection (a) shall not apply to any Taxicab, licensed under this Article, charging a flat rate fee.
(c) It shall be unlawful to operate a Taxicab without an operable taximeter -- unless subsection (b) of this Section applies -- or with a taximeter that has been manipulated to increase the amount of time, the distance traveled, or the fee to be charged.
6-617 RATE CARD REQUIRED; CHANGE OF RATES.
(a) No Taxicab may be operated within the City unless it prominently displays within the interior of the motor vehicle, in plain view of the passengers, a rate card setting forth the rates of fare for that Taxicab. The rate card shall set forth those rates on file with the City Clerk.
(b) To amend its rates of fare, a Taxicab Business must file an amended application with the City Clerk setting forth the new fare to be charged. No amendment in rates shall be effective until the amended application has been on file with the City Clerk for a period of thirty (30) days and the amended rate is posted on the Rate Card within the interior of the Taxicab.
6-618 RECEIPT TO PASSENGER UPON REQUEST.
The driver or operator of any Taxicab licensed under this Article shall, upon request of a passenger, at the time of payment, furnish the passenger with a receipt. The receipt shall contain, in legible type or writing, the name of the holder of the Taxicab Business Permit, a statement of all items for which charge is made, the total amount paid by the passenger, and the date of the payment.
6-619 TAXICAB BUSINESS PERMIT AND TAXICAB LICENSE REVOCATION.
(a) The City Clerk may revoke any Taxicab Business Permit and Taxicab License issued under this Article for one or more of the following reasons:
(1) Fraud, misrepresentation, or false statement contained in any application for a Taxicab Business Permit or any application for a Taxicab License;
(2) Any violation of the provisions of this Article; or
(3) Conducting a permitted or licensed activity in an unlawful manner, in a manner that disturbs the peace, or in a manner that is injurious to the health, safety, or welfare of the residents of the City.
(b) Notice of Revocation shall be in writing, shall be mailed to the permit holder or licensee, shall inform the permit holder or licensee of the reason for revocation, and shall state that the permit holder or licensee has fourteen (14) days from the date of the Notice of Revocation to appeal the revocation to the Governing Body. The City Clerk shall maintain a copy of the Notice of Revocation in his or her files.
6-620 APPEAL.
Any person aggrieved by the action of the City Clerk in denying an application for a Taxicab Business Permit or Taxicab License or in revoking a Taxicab Business Permit or Taxicab License shall have the right to appeal that action to the Governing Body. Such appeal shall be taken by filing with the City Clerk a Notice of Appeal within fourteen (14) days of the date of the Notice of Denial or the Notice of Revocation. The Notice of Appeal must be in writing and must set forth why the applicant, permit holder, or licensee believes that the denial or the revocation is erroneous. After the Notice of Appeal is filed, the Governing Body shall set a time and place for hearing the appeal. Notice of the hearing shall be given to the applicant, permit holder, or licensee in the same manner as the Notice of Denial or the Notice of Revocation. The Governing Body’s decision and order on such appeal shall be the final order of the City.
6-621 MUNICIPAL OFFENSE.
Operating a Taxicab without a valid Taxicab Business Permit, operating a motor vehicle as a Taxicab without a Taxicab License, or any violation of the provisions of this Article shall be a municipal offense. Any person, upon an adjudication of guilt or the entry of a plea of no contest, shall be subject to a fine of a minimum of $500.00 and a maximum of $1,000.00.
6-622 EXEMPTIONS.
The provisions of this Article shall not apply to the following:
(a) Motor vehicle carriers operating between fixed points within the City, including the Lawrence Transit System.
(b) Motor vehicle carriers operating between points located within the City and points located outside the City.
(c) Motor vehicle carriers operating between points located outside the City, whose route lies in or through the City.
(d) Motor vehicles operated by any entity awarded operating funds by the Federal Transit Administration (FTA) or the Kansas Department of Transportation (KDOT) for the provision of urban, rural, or paratransit and human services transportation within the City.
(e) Motor vehicles funded by the Federal Transit Administration (FTA) or the Kansas Department of Transportation (KDOT) for the provision of urban, rural, or paratransit and human services transportation within the City.
(f) Motor vehicles operated or motor vehicle carriers sanctioned by a public university and funded, at least in part, by student fees.
(g) Motor vehicles operated by any transportation network company driver in behalf of any transportation network company, as those terms are defined by the Kansas Transportation Network Company Services Act of 2015, as codified and as amended.
SECTION 4. Existing Chapter VI, Article 6, Section 6-108.17 of the Code of the City of Lawrence, Kansas, 2015 Edition, and amendments thereto, is hereby repealed in its entirety, it being the intent of the Governing Body that Section 1 of this Ordinance supersede it.
SECTION 5. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining parts of this ordinance.
SECTION 6. This ordinance shall take effect and be in full force and effect immediately following its adoption and publication as provided by law.
PASSED by the Governing Body of the City of Lawrence, Kansas, this ____ day of _________, 2015.
APPROVED:
_____________________________
Jeremy Farmer
Mayor
ATTEST:
__________________________________
Diane Bucia
Acting City Clerk
APPROVED AS TO FORM:
__________________________________
Toni R. Wheeler
City Attorney
*****
NOTICE TO PUBLISHER
Publish one time and return one Proof of Publication to the City Clerk and one to the City Attorney.