The Redwood Falls Metropolis Council launched the proposed ordinance on the assembly held on August 17, 2021. Metropolis Council will take into account adopting the proposed ordinance on the subsequent assembly being held on September 7, 2021.
ORDINANCE NO. 72, FOURTH SERIES
AN ORDINANCE AMENDING REDWOOD FALLS CODE OF ORDINANCES
§ 6.25 RELATING TO TAXICABS.
WHEREAS, Metropolis workers have reviewed the taxicab licensing ordinance § 6.25 and have recognized and made a number of modifications to the licensing necessities and course of; and
WHEREAS, to make the taxicab automobile licensing course of extra environment friendly and improve total service supply a number of modifications are advisable to the prevailing taxicab licensing ordinance.
NOW THEREFORE THE CITY COUNCIL OF REDWOOD FALLS ORDAINS:
SECTION 1. That Redwood Falls Metropolis Code of Ordinances §6.25 shall be amended as follows:
§ 6.25 TAXICABS
Subd. 1. Definitions. The next phrases, as used on this part, shall have the meanings said.
A. The time period “driver” means the particular person driving and having bodily management over a taxicab whether or not she or he be the licensee or within the make use of of the licensed operator.
B. The time period “operator” means a licensee proudly owning or in any other case having management of a number of taxicabs.
C. The time period “taxicab” means any passenger conveyance being pushed, on name or traversing a scheduled or unscheduled route for public use or rent upon cost of a fare or at common fare charges, however not together with akin to are designed for mass transportation as buses, trains or streetcars.
Subd. 2. License Required. It’s illegal for any particular person to drive or function a taxicab and not using a license therefor from town. It’s illegal for any particular person to function or allow to be operated any taxicab owned, leased, or managed by such particular person, as a automobile for rent, throughout the Metropolis, with out first having obtained a taxicab license from the Metropolis for such taxicab.
Subd. 3. License Charges. The Aannual license and renewal charges for a taxicab shall be set by decision of the Council and prescribed within the Metropolis price schedule, as it could be amended now and again. Supplied, nevertheless, that, if a licensed automobile is disabled by mechanical failure or for wanted repairs, the license could also be briefly transferred to a different conveyance for a seven-day interval upon approval by town.
Subd. 4. Granting of Licenses and Renewals. Licenses, Common Provisions.
A. Utility. Upon the submitting of an utility for a license, the Council shall order a listening to thereon to find out whether or not the general public comfort and necessity require the proposed taxicab service. Discover of the listening to shall be revealed as soon as within the official newspaper at the very least seven days previous to the time fastened for the listening to. The price of the publication shall be borne by the applicant and the discover shall state the identify of the applicant, the kind of license utilized for, a schedule of charges to be charged, the variety of autos to be operated underneath the license and the time and place of listening to. Each utility for a license issued underneath this ordinance shall be on a kind supplied by the Metropolis. Each Utility shall be crammed out utterly with all info requested. All purposes for a license underneath this part shall be accompanied by the price established within the Metropolis price schedule, as it could be amended now and again.
B. Issuance. If, after the listening to, the Council is happy and, by decision, finds and determines that the general public comfort and necessity require the issuance of a license interval, it shall grant the license interval. Supplied, nevertheless, that, the listening to shall not be required for renewal of any license, however the applicant for a renewal license shall file an utility at the very least 30 days previous to the expiration of the license, and failure by the applicant to file the applying throughout the time restricted shall be deemed an abandonment by the licensee of the best to renewal and not using a listening to. This time requirement could also be waived by the Council for good and enough trigger as decided by the Council. As soon as the applying is accomplished in full and filed with the Metropolis Administrator, the Metropolis Administrator shall stamp and date a replica of the applying as formally being obtained. After the applying has been formally obtained by the Metropolis Administrator, the Metropolis shall conduct an investigation of the applicant as follows:
1. Upon receipt of the applying, the applying shall be referred to the Metropolis Lawyer who shall trigger an investigation of the applicant and its staff’ legal and enterprise character to be made as she or he deems obligatory for the safety of the general public.
2. If, on account of the investigation of the applicant or his or her staff’ legal document, character, or enterprise respectability is discovered to be unsatisfactory, the Metropolis Lawyer shall endorse on the applying his or her causes for the disapproval of the applying and return the applying to the Metropolis Administrator who shall ship a replica to applicant.
3. If, on account of the investigation of the applicant or his or her staff’ legal document, character, or enterprise respectability is discovered to be passable, the Metropolis Lawyer shall endorse on the applying his or her approval and return the applying to the Metropolis Administrator.
4. After the investigation is full, the Metropolis Administrator shall then trigger the applying to be accredited or disapproved.
C. Ineligibility. The next shall be grounds for denying a taxicab license:
1. The failure of a taxicab applicant to acquire and display proof of getting obtained insurance coverage and mechanic’s certification as required underneath Subd. 8 and Subd. 11 of this part.
2. The failure of an applicant to in truth present any info requested by town as a part of the applying course of.
3. The failure of an applicant to signal the applying.
4. The failure of an applicant to pay the required price, if relevant, on the time of utility.
5. A conviction throughout the previous 5 years of against the law of violence underneath Minn. Stat. §624.712, Subd. 5 or a conviction of against the law in one other state underneath a statute in conformity with Minn. Stat. §624.712, Subd. 5.
6. A withdrawal of the applicant’s driver’s license or driving privileges by the Commissioner of Public Security, throughout the final 5 (5) years.
D. Expiration. All licenses issued by the Metropolis, except sooner revoked or suspended by the Metropolis, shall expire on December thirty first of every yr.
E. Renewal. Every applicant for a renewal license shall file an utility at the very least 30 days previous to the expiration of the present license. Failure by the applicant to file the applying throughout the time restrict shall be deemed an abandonment by the licensee of the best to renewal.
Subd. 5. License Issuance and Show, and Automobile Marking. All licenses shall be issued for particular conveyances, besides as in any other case herein supplied. Each side of each licensed taxicab, when in use, shall be plainly and completely marked as such with a painted signal or appurtenances exhibiting the complete or abbreviated identify of the licensed operator.
Subd. 6. License Switch.
A. Upon any switch of possession of any taxicab, the place the transferor signifies that the automobile is not to be operated as a taxicab, the Metropolis might switch such license to be used on one other taxicab as designated by transferor.
B. A license might also be transferred when the licensee produces passable proof that such taxicab has been completely destroyed or in any other case, ceased for use as a taxicab.
C. Upon any switch of possession of a taxicab license the place the transferor signifies that such automobile is to proceed in use as a taxicab, the Metropolis might switch the license to the brand new proprietor upon receiving and approving the applying for licensure by the brand new proprietor.
D. Upon the demise of any particular person proudly owning a hereunder taxicab license, the Metropolis might, on the request of the deceased’s private consultant and upon receipt of passable proof of such demise, switch such license upon receiving and approving the applying for licensure by the brand new proprietor.
No switch will likely be made except and till the transferee complies with the phrases and provisions of this ordinance.
Subd. 7. Revocation and Suspension.
A. Usually. Licenses issued underneath the provisions of this part could also be revoked or suspended by the Metropolis Administrator for any of the next causes:
1. Fraud, misrepresentation or incorrect assertion contained within the utility.
2. Subsequent conviction of any offense to which the granting of the license might have been denied pursuant to Subd. 4.C.
4. Partaking in any prohibited exercise as supplied underneath Subd. 12 of this part.
5. Violation of some other provision of this part.
B. A number of individuals underneath one license. The revocation or suspension of any license issued for the aim of authorizing a number of folks to conduct enterprise as a taxicab operator shall function a revocation or suspension of every approved particular person’s authority to conduct enterprise as a taxicab operator or driver on behalf of the licensee whose license is revoked or suspended.
C. Discover. Previous to revoking or suspending any license issued underneath this part, the Metropolis shall present a license holder with written discover of the alleged violations and inform the licensee of his or her proper to a listening to on the alleged violation. Discover shall be delivered in particular person or by mail to the everlasting residential tackle listed on the applying, or if no residential tackle is listed, to the enterprise tackle supplied on the applying.
D. Enchantment. Any particular person aggrieved by the motion of the Metropolis Administrator within the revocation or suspension of a license as supplied on this part, might attraction to the Metropolis Council. Upon receiving the discover supplied in Subd. 7.C. of this part, the licensee shall have the best to request a public listening to. If no written request for a listening to is obtained by the Metropolis Administrator inside ten days following the service of the discover, the Metropolis might proceed with the revocation or suspension. For the aim of a mailed discover, service shall be thought of full as of the date the discover is positioned within the mail. If a public listening to is requested by the licensee throughout the said timeframe, Council shall set a time and place for a listening to on the attraction and spot of the listening to shall be given to the licensee 5 days previous to the date of the listening to. The request for a public listening to should be in writing and should comprise the grounds for the attraction. Inside three common enterprise days of the listening to, the Metropolis Council shall notify the licensee of its choice.
E. Emergency. If, within the discretion of the Metropolis Administrator, imminent hurt to the well being or security of the general public might happen due to the actions of a taxicab operator licensed underneath this part, the Metropolis Administrator might instantly droop the particular person’s license and supply discover of the best to carry a subsequent public listening to as prescribed in Subd. 7.C. of this part.
F. Re-application. No licensee whose license has been revoked or suspended shall make additional utility till one yr has elapsed for the reason that final earlier revocation or suspension.
Subd. 6. Subd. 8. Insurance coverage Required. Earlier than a taxicab license is issued, by the Council every applicant and licensee shall receive and file with the Metropolis proof of, and, always, efficient through the licensed interval, the licensee shall have and preserve public legal responsibility and bodily harm insurance coverage having coverages of at the very least $100,000 per particular person, $300,000 per prevalence and $100,000 for property harm. The insurance coverage shall cowl all passengers carried by the insured licensee in addition to different individuals injured or broken by the negligent operation of the taxicab. The coverage shall comprise a clause offering for ten days written discover to the Metropolis Administrator previous to cancellation. A memorandum or certificates of the insurance coverage shall be furnished to the Metropolis earlier than the license is issued.
Subd. 9. Drivers. Each licensed taxicab operator should, on a yearly foundation, confirm by submitting proof with Metropolis Corridor, that every taxicab driver of their employment meets the next requirements:
A. Is eighteen (18) years of age or older;
B. Possesses a legitimate driver’s license;
C. Has obtained and supplied a physician’s certificates, efficient for 3 (3) years, indicating the motive force is free from any infirmity, bodily or psychological, which might render the motive force unfit for the protected operation of the licensed automobile;
D. Has not been convicted of against the law of violence underneath Minn. Stat. §624.712, Subd. 5 or has not been convicted of against the law in one other state underneath a statute in conformity with Minn. Stat. §624.712, subd. 5;
E. Has not had his/her license or privilege to drive withdrawn by the Commissioner of Public Security throughout the previous 5 years; and
F. Has not been convicted for driving inebriated or a managed substance underneath Minn. Stat. 169A.20, or an ordinance that conforms to that part throughout the previous 5 years.
Subd. 7. Subd. 10. Charges. Every applicant shall file with the Metropolis Administrator, earlier than a taxicab license is issued or renewed, a schedule of proposed most charges to be charged by her or him through the licensed interval for which the applying is made. The schedule of proposed most charges, or a compromise schedule thereof, shall be accredited by the Council Metropolis earlier than granting the license. The schedule shall be posted in a conspicuous place within the taxicab in full view of passengers using therein. Nothing herein shall stop a taxicab licensee from petitioning the Council for evaluation of the charges through the licensed interval, and the Council might, likewise, take into account the petition and make new charges efficient at any time. A taxicab operator should submit any modifications to its schedule of charges to the Metropolis Administrator at the very least fourteen (14) days previous to their implementation. No taxicab licensee shall cost charges in extra of most charges filed with and accredited by the Council Metropolis.
Subd. 8. Subd. 11. Mechanical Situation. Earlier than issuing a taxicab license, the Council might require every applicant shall receive and file with the Metropolis a mechanic’s certification from an Automotive Service Excellence (ASE) licensed mechanic exhibiting that the taxicab conveyance is in good mechanical situation, that it’s completely protected for transportation of passengers and that it’s in neat and clear situation. Such related certificates could also be required now and again through the licensed interval. An up to date mechanic’s certification should be accomplished on a yearly foundation and submitted to the Metropolis with every taxicab license renewal.
Subd. 9. Subd. 12. Illegal Acts. It’s illegal for the operator or driver of any taxicab to:
A. Carry some other than the passenger first using a taxicab with out the consent of the passenger; or
B. Cost or try and cost any passenger a higher fee of fare than that to which the taxicab is entitled underneath decision of the Council has been filed with the Metropolis Administrator on the time of service; and or
C. Deceive any passenger who might experience with her or him or who might need to experience in any such automobile as to his or her vacation spot or distance traveled or to be traveled.
Subd. 13. Penalties.
A. Any particular person violating any provision of this chapter shall be responsible of a misdemeanor.
B. Along with all penalties and cures supplied by regulation, any violation of this chapter is hereby declared to be a nuisance. The repeated or continued violation of this chapter is hereby declared to represent a public nuisance that impacts public rights or privileges or endangers public well being. Along with some other aid supplied by this chapter, town legal professional might apply to a courtroom of competent jurisdiction for an injunction to ban the repeated or continued violation of this chapter. Such utility for aid might embody searching for a brief restraining order, momentary injunction, preliminary injunction, or everlasting injunction.
SECTION 2. Efficient Date. This Ordinance turns into efficient from and after its passage.
