Chapter 98
VEHICLES FOR HIRE*
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Cross references: Businesses, ch. 22; fees pertaining to vehicles for hire, § 42-591 et seq.; traffic and vehicles, ch. 86.
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Article I. In General
Secs. 98-1– 98-30. Reserved.
Article II. Taxicabs
Division 1. Generally
Sec. 98-31. Definitions.
Sec. 98-32. Penalty.
Sec. 98-33. Vehicle inspection, display of licenses, lights, etc.
Sec. 98-34. Requirements for taxicab stations.
Sec. 98-35. Passengers.
Sec. 98-36. Traffic rules.
Sec. 98-37. Use to perpetrate crimes.
Sec. 98-38. Rates and charges.
Sec. 98-39. Packages.
Sec. 98-40. Records.
Sec. 98-41. Rules and regulations.
Sec. 98-42. Civil liability.
Sec. 98-43. Taxicab stands; application and conditions of permit.
Secs. 98-44– 98-65. Reserved.
Division 2. Licenses
Sec. 98-66. Required.
Sec. 98-67. Application and investigation.
Sec. 98-68. Registration of vehicles, insurance.
Sec. 98-69. Issuance and issuance standards; taxi station.
Sec. 98-70. Fees.
Sec. 98-71. Transfer or assignment.
Sec. 98-72. Term.
Sec. 98-73. Suspension or revocation.
Secs. 98-74– 98-100. Reserved.
Article III. Limousine Service
Sec. 98-101. Definitions.
Sec. 98-102. Penalty.
Sec. 98-103. Requirements for limousine service operators.
ARTICLE I.
IN GENERAL
Secs. 98-1– 98-30. Reserved.
ARTICLE II.
TAXICABS
DIVISION 1. Sec. 98-31. 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:
Taxicab means any vehicle used for the carriage of persons for hire within the city and not operated over fixed routes and scheduled time. Each taxicab is hereby declared to be a common carrier of persons.
Taxicab driver means any person employed or engaged to drive a taxicab.
Taxicab station means an office within the commercial zone of the city maintained as a headquarters from which one or more taxicabs operate both day and night and having a telephone and an attendant continuously on duty to answer the telephone, receive and communicate calls for taxicab service and keep records pertaining thereto.
(Ord. No. 1885, § 1(30-1), 1-10-95)
Cross references: Definitions generally, § 1-2.
Sec. 98-32. Penalty.
Except as otherwise provided in this article, a violation of any of the provisions of this article is a class C offense, punishable as provided in section 1-8.
Sec. 98-33. Vehicle inspection, display of licenses, lights, etc.
(a) No taxicab shall be operated unless it bears a duly issued state license. No such taxicab shall be operated unless it is equipped with the proper brakes, lights, tires, horns, muffler, rear vision mirror and windshield wipers in good operating condition. All taxicabs must be kept in a clean and sanitary condition. The chief of police may inspect every taxicab so often as may be necessary to see to the enforcement of the provisions of this section. Should the chief of police upon inspection find that such vehicle is not in proper mechanical condition, the chief of police shall issue a report to the city clerk who upon receipt of such report shall suspend the operation of such vehicle's license until such defect is rectified and shall issue a written notice of such suspension to the applicant; provided, that the applicant shall have a right of appeal to the governing body from the suspension, however, the suspension shall continue to operate during the pendency of the appeal.
(b) Each vehicle, while operated, shall have the license which has been issued in accordance with the article conspicuously displayed inside the taxicab, in such a manner as to be entirely visible from the rear seat of the taxicab. Each taxicab shall have painted or affixed in letters of a contrasting color, not less than three inches high on each front door and on the rear of the body the word "taxicab," "taxi" or "cab," the license number, and the fleet number assigned, if required. Each taxicab shall be equipped with a small lamp, mounted on the top front portion of the taxicab, displaying a white light which shall have the word "taxi" or "taxicab" clearly visible from the front. Such lamp shall be mounted high enough from the top of the taxicab to be clearly visible from both the front and rear of the taxicab. In addition, the name of the taxicab station under which the vehicle is operated must be permanently displayed upon both sides of each taxicab, such letters to be at least two inches in height to be painted or affixed to each door. If more than one cab is operated by a taxicab station licensee, each taxicab shall be designated by a different number, which number shall be indicated on the vehicle as previously required.
(Ord. No. 1885, § 1(30-2), 1-10-95)
Sec. 98-34. Requirements for taxicab stations.
Each taxicab station must maintain at least one taxicab in readiness for service at all times, have a telephone and attendant continuously on duty to answer the telephone, receive and communicate calls from the taxicab service and keep appropriate records pertaining thereto. The telephone number of the taxicab station must be listed in a local telephone directory under the name of such taxicab station.
(Ord. No. 1885, § 1(30-3), 1-10-95)
Sec. 98-35. Passengers.
(a) No taxicab shall stop or take on or discharge passengers at street intersections and must leave the crosswalks unobstructed. Such a vehicle shall pull to the curb to make all such stops and must not receive or discharge passengers while in motion. Such a vehicle shall stand no longer time than is necessary to take on or discharge passengers, except when standing at its regular stand.
(b) The front seat of any taxicab shall not carry more than one passenger in addition to the driver, nor shall such vehicle carry more persons than its rated seated capacity.
(c) It shall be the duty of the driver of any taxicab to accept as a passenger any person who so seeks to use the taxicab, provided such person conducts himself in an orderly manner. No person shall be admitted to a taxicab occupied by a passenger without the consent of that passenger.
(d) The driver shall take the passenger to the destination by the most direct available route from the place where the passenger enters the taxicab.
(Ord. No. 1885, § 1(30-4), 1-10-95)
Sec. 98-36. Traffic rules.
It shall be the duty of every driver of a taxicab to obey all traffic rules established by statute or ordinance.
(Ord. No. 1885, § 1(30-5), 1-10-95)
Sec. 98-37. Use to perpetrate crimes.
It shall be unlawful to knowingly permit any taxicab to be used in the perpetration of a crime.
(Ord. No. 1885, § 1(30-6), 1-10-95)
Sec. 98-38. Rates and charges.
Taxicab rates shall be set at the discretion of the owner of licensed taxicab stations within the city, subject to the following conditions:
(1) All rates shall be kept on file in the office of the city clerk in a location designated by the city clerk. All rates shall be posted in plain view in each and every taxicab operated by each individually licensed company.
(2) Any changes or amendments to the taxicab rates shall be kept on file in the office of the city clerk in a location designated by the city clerk, and acknowledged by the city clerk. Any changes or amendments to the taxicab rates shall be posted in plain view in each and every taxicab operated by each licensed taxicab station; such posting shall be for 30 days prior to implementation of the new rates.
(3) The posted rate shall include all charges for all services to be provided, including but not limited to, the rates for a single passenger, an additional passenger, package delivery, and waiting time.
(4) The posting of a proposed rate charge shall include, but not be limited to, the following:
a. The present taxicab rate;
b. The proposed taxicab rate;
c. The date posted;
d. The date effective;
e. The taxicab station's owner's or authorized representative's signature;
f. The city clerk's signature.
(Ord. No. 1885, § 1(30-7), 1-10-95)
Sec. 98-39. Packages.
The owner of a licensed taxicab station or a driver of a taxicab within the city shall have the right to refuse to deliver or accept for delivery any package which shall exceed the weight of 50 pounds or which because of its size may not be completely enclosed within the trunk compartment of the taxicab or be safely transported within the passenger compartment of the taxicab.
(Ord. No. 1885, § 1(30-8), 1-10-95)
Sec. 98-40. Records.
It shall be the duty of everyone operating a motor vehicle under this article to keep a written record of the in and out calls of each driver, giving the time and place of each call, which record shall be preserved, and at all times open to the inspection of any officer of the city, including law enforcement officers.
(Ord. No. 1885, § 1(30-9), 1-10-95)
Sec. 98-41. Rules and regulations.
The city manager, under the authorization of the governing body, is hereby authorized to make and publish rules and regulations to govern the use of the streets and alleys of the city by the licensees herein, and to designate the places where they stand and to regulate the rates of fare charged for use of such vehicles.
(Ord. No. 1885, § 1(30-10), 1-10-95)
Sec. 98-42. Civil liability.
Nothing in this article shall be construed as relieving or lessening the liability of any person conducting operations under the provisions of this article for damages to any property or any person, nor shall the city be held as assuming any liability by reason of the inspection authorized herein, licenses issued pursuant to the provisions hereof, or for failure to provide the services herein described.
(Ord. No. 1885, § 1(30-11), 1-10-95)
Sec. 98-43. Taxicab stands; application and conditions of permit.
(a) The owner of any taxicab shall first obtain and file with the city clerk the written consent of the owner or of the one in control of the property abutting the street where the stand is to be established and maintained.
(b) The one granting such consent or permit may revoke the same by giving at least ten days' notice in writing to the operator and filing with the city clerk proof of the service thereof.
(c) The governing body may revoke any such permit whenever it appears to be in the best interest of the public to do so.
(Code 1968, § 27-242)
Cross references: Parking and standing of taxicabs, § 86-32.
Secs. 98-44– 98-65. Reserved.
DIVISION 2. Sec. 98-66. Required.
It shall be unlawful to engage in the business of operating a taxicab or taxicab station without first having secured a license therefor. No person shall operate a taxicab business or taxicab station without then holding a taxicab station license or being associated with and operating under the written consent of another who then holds such license; provided, that a license may be issued for special hauling without the licensee being associated with a taxicab station, if such licensee does only special hauling and does not hold himself out as a public carrier. It shall be unlawful for the owner of any vehicle to allow such vehicle to be used as a taxicab unless such vehicle is registered with the city clerk and a license secured therefor.
(Ord. No. 1885, § 1(30-13), 1-10-95)
Sec. 98-67. Application and investigation.
(a) Any person desiring a license required by this division shall make application in writing to the city clerk and accompany the application with the required fee for each taxicab station. The application shall be verified and be upon a form prepared by the city clerk.
(b) Any person desiring to obtain a taxicab station license or renewal shall apply in writing to the city clerk stating:
(1) The applicant's name; and if a corporation, the names of all stockholders and officers; and if a partnership the names of all general partners;
(2) The name under which the station will be operated;
(3) The location of the station, and applicable zoning of the location;
(4) The telephone number of the station;
(5) The number of taxicabs to be operated; and
(6) The name of each taxicab driver operating from the station.
(c) Each application for a taxicab station license shall be referred to the chief of police for investigation, report and recommendation to the city clerk.
(Ord. No. 1885, § 1(30-14), 1-10-95)
Sec. 98-68. Registration of vehicles, insurance.
Any holder of a taxicab station license desiring to use any vehicle as a taxicab shall file with the city clerk a written application for the registration of such vehicle. The application shall state the make, type, motor number, serial number, license tag number, the name of the owner of such vehicle, the name of the taxicab station licensee under whose license such vehicle is to be operated, and a statement that the vehicle is in good mechanical condition. The applicant, upon making such application, shall also file with the city clerk a certificate of insurance, issued by an insurance company authorized by the insurance department of the state to write such insurance, providing public liability insurance, including passengers in such taxicab, in an amount not less than that required by the statutes of the state. Each insurer shall agree (by either endorsement on the policy or separate instrument) to provide at least ten days' written notice to the city of any cancellation or alteration. Notwithstanding any other provision of this division, the city clerk upon receiving the information contained in this section and the appropriate fee, shall issue a license for the operation of such vehicle.
(Ord. No. 1885, § 1(30-15), 1-10-95)
State law references: Required insurance, K.S.A. 40-3107, 40-3118.
Sec. 98-69. Issuance and issuance standards; taxi station.
(a) If the application as set out in section 98-67 is in proper form and accompanied by cash in the amount of the license fee as set out in section 98-70, the city clerk shall, if the applicant is qualified as provided by law, authorize the issuance of a license to the applicant.
(b) No license shall be issued to:
(1) A copartnership, unless all members of such partnership shall otherwise be qualified to obtain a license;
(2) A corporation, if any manager, officer or director thereof or any stockholder owning any aggregate more than 25 percent of the stock of such corporation, would be ineligible to receive a license under this division;
(3) A person whose place of business is conducted by a manager or agent unless such manager or agent possesses the same qualifications required of the licensee;
(4) A person who within two years immediately preceding the date of making application has been convicted of a felony, any crime involving moral turpitude, driving a motor vehicle while under the influence of intoxicating liquors or drugs, or reckless driving;
(5) A person who habitually violates the traffic ordinances and laws of the city or any state.
(c) Any licensee for a taxicab station license which is denied by the city clerk may appeal such denial to the governing body by filing within ten calendar days after such denial a notice of appeal in writing with the city clerk. Thereupon, the city clerk shall place the application on the agenda for the next meeting of the governing body.
(d) Notwithstanding any of the preceding, when passing upon an application, the governing body shall give consideration not only to the applicant's qualifications but also the protection of the public and the need for additional taxicab stations. No more licenses shall be granted than the governing body, after due consideration, deems to be justified by the public need. Application from persons then holding a license under this division shall be given first consideration; but after such licenses have expired, all applications on file for more than seven months shall be deemed withdrawn and shall not thereafter be considered.
(Ord. No. 1885, § 1(30-16.1), 1-10-95)
Sec. 98-70. Fees.
For the purpose of regulation, there is hereby levied annual license fees for each taxicab station, for each vehicle used as a taxicab, and for each taxicab driver in the amount established in section 42-591. No refund of such a fee shall be made for any unused period of a license. All license fees shall be paid to the city clerk.
(Ord. No. 1885, § 1(30-17), 1-10-95)
Sec. 98-71. Transfer or assignment.
No license issued pursuant to the provisions of this division shall be assignable or transferable.
(Ord. No. 1885, § 1(30-18), 1-10-95)
Sec. 98-72. Term.
All licenses issued pursuant to the provisions of this division shall expire on December 31 next following their issuance.
(Ord. No. 1885, § 2(30-19), 1-10-95)
Sec. 98-73. Suspension or revocation.
(a) The governing body may permanently revoke or suspend for any period of time, a license issued pursuant to this division for any of the following reasons:
(1) Filing a false or misleading application;
(2 Permitting the licensed vehicle to be used for unlawful purposes;
(3) Nonpayment of any license fee;
(4) Violating any of the provisions of this article;
(5) Undesirable business practices or improper conduct of employees;
(6) Refusal to accept passengers;
(b) Prior to any revocation or suspension, the governing body, upon at least five days' written notice, shall conduct a hearing and decide whether to revoke or suspend such license. Such hearing may be continued from time to time to obtain witnesses or to gather any information necessary by the governing body. In the case of the revocation of the license, no new license shall be issued to such person or any person acting for or on such person's behalf for a period of six months. In the case of either revocation or suspension of license, no refund of any license fee shall be made.
(Ord. No. 1885, §§ 1(30-12), 2(30-20), 1-10-95)
Secs. 98-74– 98-100. Reserved.
ARTICLE III. Sec. 98-101. 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:
Limousine service means a public passenger motor vehicle or horse drawn carriage with driver furnished, for hire for exclusive use at scheduled times at a charge fixed in advance.
(Ord. No. 1885, § 2(30-21), 1-10-95)
Cross references: Definitions generally, § 1-2.
Sec. 98-102. Penalty.
GENERALLY
LICENSES
LIMOUSINE SERVICE