Chapter 90

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:

Taxicabi> means a motor vehicle having a seating capacity of less than eight persons, regularly engaged in the business of carrying passengers for hire, not operated on a fixed route and equipped with a taximeter or similar device by which the fare is mechanically calculated on the basis of distance traveled or waiting time.

Taxicab driveri> means a person who operates a taxicab.

(Code 1966, § 4.26(2))

Cross References: Definitions generally, § 1-2.

Sec. 90-27. General regulations.

(a) Identification.i> All taxicabs shall be suitably marked or identified as such.

(b) Subject to traffic regulations.i> The state traffic code and the village traffic regulations shall apply to the use and operation of taxicabs.

(c) Number of passengers.i> No taxicab owner or operator shall carry or permit to be carried in any taxicab more than the number of passengers specified on the license applicable to the taxicab.

(d) Operator not to drink.i> No person operating a taxicab shall drink any intoxicating beverage or be under the influence thereof while so engaged.

(Code 1966, § 4.26(10))

Secs. 90-28--90-40. Reserved.

DIVISION 2.

LICENSES

Sec. 90-41. Business license required.

No person shall operate or cause to be operated a taxicab within the limits of the village without having first secured a taxicab business license as provided in this division.

(Code 1966, § 4.26(1))

Sec. 90-42. Exceptions.

No taxicab business license shall be required of an owner or driver for operating or driving a taxicab licensed by another municipality for the purpose of delivering passengers to a point within the village, nor to persons operating vehicles over regular routes or between fixed terminals, funeral cars, ambulances, vehicles licensed by permit of the state public service commission, or rental cars.

(Code 1966, § 4.26(3))

Sec. 90-43. Taxicab business license.

(a) Application.i> An application for a taxicab business license to operate one or more taxicabs, or an application to operate additional taxicabs under an existing license, shall be made in writing to the village clerk upon forms furnished, giving the address from which the business is conducted, and signed by the owner of the business or his duly authorized agent. The application must also state for each vehicle to be operated the make, model and year of manufacture, the engine number, serial number, capacity for passengers, and the state certificate of title number and license number.

(b) Public hearing.i> The application shall be submitted by the village clerk to the village board which shall set a date for a public hearing before the judicial committee to examine the public convenience and necessity of granting such license. The village clerk shall notify the applicant of the time and place set for the hearing and shall publish a class 2 notice under W.S.A., ch. 985.

(c) Public convenience and necessity.i> Not later than 30 days after the hearing, the committee shall submit to the village board its recommendations as to whether public convenience and necessity will be served by the granting of the application. No license shall be granted until the village board shall, by resolution, have determined that the public convenience and necessity will be served by the service proposed in the application for license. The village board may hold such further hearings and procure such additional information as it may deem necessary or advisable in making such determination.

(Code 1966, § 4.26(4))

Sec. 90-44. Business license fees.

The taxicab business license fee shall be specified in the most current village board resolution. The license year shall commence July 1 and end the following June 30.

(Code 1966, § 4.26(5); Ord. No. 784, § I, 10-18-05)

Sec. 90-45. Insurance.

(a) No taxicab business license shall be issued until the applicant deposits with the village clerk a policy of liability insurance covering all vehicles to be included under the license. Such policy shall describe each vehicle by make, model and serial number, number of passengers capable of being accommodated therein at one time, and the number of the state motor vehicle license. Such insurance policy shall be issued by a company licensed to do business in the state and shall insure against loss from liability to the amount of $300,000.00 for the injury or death of one person in any one accident, in the amount of $500,000.00 for the injury or death of more than one person in any one accident, and in the amount of $50,000.00 for damage to property of others for any one accident due to the negligent operation of such vehicle.

(b) The policy of insurance shall be approved by the village attorney as to legal form before it is filed, and shall contain a provision that the policy may not be cancelled before the expiration of its term, except upon ten days' written notice to the village. The cancellation or other termination of any insurance policy issued in compliance with this section shall automatically revoke and terminate all licenses issued for the vehicle covered by such insurance policy, unless another policy shall have been filed and approved pursuant to this section, and shall be in effect at the time of such cancellation or termination.

(Code 1966, § 4.26(6))

Sec. 90-46. Rates.

Upon application for a taxicab business license, or any renewal thereof, the applicant shall file with the village clerk a schedule of fares to be charged. Such fares shall not be changed during the license year without the approval of the village board. No licensee or operator shall charge any rate other than the established rate. The licensee shall post or cause posting of established fares in all cabs.

(Code 1966, § 4.26(7))

Sec. 90-47. Police inspection.

The police department shall inspect the mechanical condition of each vehicle for which an application for a license is made and shall make periodic inspections of all licensed vehicles. No vehicle shall be operated, whether licensed or not, as a taxicab if the police department shall find that the mechanical condition thereof makes it unsafe for the carrying of passengers.

(Code 1966, § 4.26(8))

Cross References: Law enforcement, ch. 46.

Sec. 90-48. Taxicab driver's license.

Except as exempted under section 90-42, no person shall operate a taxicab as a taxicab driver within the village without first obtaining a taxicab driver's license as provided in this section.

(1) Qualifications. A taxicab driver must be at least 18 years of age. No taxicab driver's license shall be issued to any applicant who has been convicted of a felony or crime involving moral turpitude within the five years prior to filing application, unless the village board determines that such offense is unrelated to the applicant's competency and qualification for the license, nor to any applicant who is the holder of a state occupational operator's license.

(2) Application. A written application for a taxicab driver's license shall be filed with the village clerk on forms furnished by the village giving the name, address and age, whether or not the applicant has been convicted of a felony, the type of state operator's license issued to applicant, and stating the experience and the number of the state operator's license.

(3) Fee. The license fee shall be specified in the most current village board resolution and must be paid at the time the application is submitted to the village clerk.

(4) Badge. After the applicant has been granted a license, he shall obtain a suitable badge or identification card from the police department which must be displayed on the licensee's person whenever he is driving or operating a taxicab. The cost of the driver's badge or card is to be borne by the licensee.

(5) False application statement. The license of any applicant who makes a false statement in his application shall be void, and the license shall be surrendered to the chief of police or any member of the police department upon demand.

(Code 1966, § 4.26(9); Ord. No. 784, § II, 10-18-05)

Sec. 90-49. Revocation.

A taxicab business or taxicab driver's license may be revoked by the village board for a violation of this article, any provisions of W.S.A., chs. 340 to 349, the village traffic code or for any offense affecting the safety or welfare of passengers. Such revocation may be for all vehicles or any vehicle included under a license. A taxicab driver's license issued under this article shall be automatically revoked if the licensee shall be convicted of a violation of this article or of any provision of W.S.A., chs. 340 to 348, three times within any consecutive 12-month period. The village clerk shall notify the licensee of such revocation, and the licensee may, within ten days of such notice, in writing, request a hearing on such revocation before the village board.

(Code 1966, § 4.26(11))

Sec. 90-50. Off-street parking required.

Before a taxicab business license will be issued under this article, the licensee must provide adequate off-street parking for the vehicles to be licensed. Such off-street parking shall be stated in the application for a license.

(Code 1966, § 4.26(12))

Cross References: Stopping, standing and parking, § 82-176 et seq.

State Law References: Authority to license taxicabs generally, W.S.A., § 349.24; to require insurance, W.S.A., §§ 194.49(b)(2), 344.15(1), 344.41.