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Ordinance No. 948 Page 1 of 7 ORDINANCE NO. 948 AN ORDINANCE AMENDING CHAPTER 5.32 OF THE MUNICIPAL CODE OF THE CITY OF DOUGLAS, WYOMING TO MODIFY THE PROCEDURE REGULATING TAXI CABS WITHIN THE CITY OF DOUGLAS, WYOMING. Whereas the intent of this Chapter is to protect against criminal activity and to otherwise preserve the public health, safety and welfare by regulating, controlling and licensing Taxicabs. Whereas the City has an interest in attempting to protect consumers from inappropriate or fraudulent practices and to protect its citizens from criminal activity conducted by others such as unsafe driving practices, driving under the influence, kidnapping, and assault, including sexual assault. Whereas the City has the responsibility to attempt to protect its citizens from actual harm as well as to attempt to protect them from potential harm which may result from unregulated Taxicab operations. Whereas there must be a balance of these legitimate interests of the City and the effect of the regulations on the rights of those who are regulated. The City finds that the procedures, rules and regulations set forth in this Chapter are tailored narrowly to preserve and protect the City’s interests reflected herein while at the same time balancing the right of those regulated. Whereas the City is authorized to request any supporting documentation in conjunction with applications filed for a Taxicab Permit, or to ascertain requests for exemption from a permit as set forth in this Chapter. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF DOUGLAS, WYOMING: Section 1. Chapter 5.32 is hereby repealed and replaced with Chapter entitled “Taxicab Operations”. Section 2. Section 5.32.010 of the Douglas Municipal Code is hereby created to read as follows: 5.32.010. Purpose. Pursuant to Wyo. Stat. § 31-5-110, the City is authorized to regulate the operation of vehicles offered for hire on public highways. The provisions of this Chapter are intended to regulate taxicab operations within the City pursuant to a permit issued by the City. Section 3. Section 5.32.020 of the Douglas Municipal Code is hereby created to read as follows: 5.32.020. Definitions. The following definitions shall apply in the interpretation and enforcement of this Chapter: A. “Applicant” shall mean any person or entity who has submitted an application for a permit. B. “Taxicab” means any automobile or other means of conveyance kept for hire or caused to be kept for hire or for the use of which, whether for themselves or others, compensation is received by a person for the carrying or conveying of any article, thing or person whatsoever within the city. ---PAGE BREAK--- Ordinance No. 948 Page 2 of 7 C. “Taxicab Operator” shall mean any person, whether as volunteer, owner, agent, consignee or employee, who engages in taxicab operations, and who must be eighteen (18) years of age or older. D. “Taxicab Permit” shall mean a document issued by the City of Douglas authorizing an applicant to engage in taxicab operations. E. “Taxicab Operations” means the transportation of persons on a call and demand expedited basis between one point and another point, over irregular routes, on an individual fare basis, not exceeding seven passengers. F. “Employer” shall mean any person, company, corporation, business, partnership, organization, or any other entity on behalf of whom a person is acting. G. “Permit Holder” shall mean any person to whom a permit has been issued under the provisions of this Chapter. H. “Person” shall mean a natural person or business entity, such as, without limitation, corporation, association, firm, joint venture, estate, trust, business trust, partnership or any group or combination thereof. I. “Public Entity” shall mean the state, county, municipality, school district, special improvement district, and any other kind of district, agency, instrumentality, or political subdivision thereof organized pursuant to law and any separate entity created by intergovernmental contract or cooperation only between or among the state, county, municipality, school district, special improvement district, and every other kind of district, agency, instrumentality, or political subdivision thereof. Section 3. Section 5.32.030 of the Douglas Municipal Code is hereby created to read as follows: 5.32.030. Application contents; fees. A. Each person or employer applying for a Taxicab Permit shall submit written application under oath on forms provided by the City with payment of the permit fee in the amount of twenty-five dollars ($25.00) to the City Clerk. Said fees shall be nonrefundable. The applicant shall state upon oath or affirmation that the information contained in the application is truthfully provided to the best of their knowledge and belief. B. The applicant shall supply the following information and any such additional information that the City may include upon the application form: 1. Applicant’s true and correct name, and any former names or aliases; 2. Applicant’s business address and business telephone number; 3. If different from the applicant, the name, address and phone number of the responsible person or entity; 4. The name, address and phone number of the applicant’s immediate supervisor, if any; ---PAGE BREAK--- Ordinance No. 948 Page 3 of 7 5. Information regarding the business including, without limitation, its legal status and proof of registration with, or a certificate of good standing from the Wyoming Secretary of State; 6. Proof the applicant or the Applicant’s company has registered with the Wyoming Department of Revenue for the payment of sales tax; 7. Whether a permit, license or registration in connection with taxicabs has ever been revoked by any jurisdiction and an explanation of the circumstances; 8. A complete list of all persons to be authorized to operate a taxicab under the Taxicab permit; 9. For each person authorized to operate a taxicab under a permit, the following information: A. Name, address, phone number and date of birth; B. A current copy of the person’s criminal background check as maintained by the Wyoming Bureau of Investigation, and ten (10) year driver’s history from any state’s Department of Transportation dated no more than sixty (60) days prior to the date of the application; C. A description of the individual, including height, weight, color of eyes and color of hair; D. Proof of identification by submittal of any of the following that bear a photograph of said person: i. A valid U.S. driver’s license or identification card issued by any state; ii. A valid United States uniformed service identification card; iii. A valid U.S. passport and work Visa; or iv. U.S. Citizenship & Immigration Services Green Card. 10. A description of all taxicabs that the applicant will use under the Taxicab permit and license plate number along with a verification of an inspection of each taxicab by the City Chief of Police or his/her designee as to compliance with section 5.32040 herein; 11. A letter of authority issued by the State of Wyoming Department of Transportation granting person authority to operate a motor vehicle as a motor carrier transporting persons or property. 12. Any other information determined to be relevant by the administrative official. C. Each applicant shall provide to the City liability insurance in which the City is named an additional insured to cover any and all incidents that may occur as a result of operation of a taxicab. The insurance shall be comprehensive and cargo liability to cover any and all potential claims as well as proof that each ---PAGE BREAK--- Ordinance No. 948 Page 4 of 7 automobile, cab, taxi, or other means of conveyance so licenses is insured, and said insurance shall be for motor carrier bodily injury and property damage liability with a combined single limit of an amount not less than $500,000 and the sum of $10,000.00 for cargo liability coverage. Permitted operators shall notify the city clerk within ten (10) days of the effective date of any change in the insurance coverage, the expiration of the policy or the cancellation or nonrenewal of the insurance in whole or in part and provide proof of new coverage meeting the requirements of this section. D. Neither the City nor any of its officers, employees, agents or authorized volunteers shall be liable to any person for any injuries, damages or liabilities of any kind arising from or relating to any errors or omissions that may occur in the issuance of a taxicab permit to an applicant. E. No person licensed under this Chapter shall imply that having such permit constitutes an endorsement or recommendation of the City. Section 4. Section 5.32.040 of the Douglas Municipal Code is hereby created to read as follows: 5.32.040. Taxicab Permit holder responsibilities. A. Any person seeking to engage in taxicab operations must obtain a Taxicab Permit from the City and pay the permit fee as provided in this Chapter before commencing any such operation. B. Each taxicab used under a taxicab permit shall have, while in operation, painted, vinyl or magnetic letters and numbers readable from a distance of twenty feet (20’) with the name and phone number of the operator on both the left and the right sides or along the top cab of the taxicab. If more than one taxicab is operated by the same operator, each taxicab shall be designated by a different number and such number shall also appear on both the left and right sides or along the top cab of each taxicab. C. No motor vehicle shall be operated as a taxicab unless it is properly licensed and registered with the State of Wyoming and is equipped with proper brakes, lights, tires, horn, muffler, rear vision mirror, safety restraint devices such as belts and/or safety harnesses, and windshield wipers in good condition. Every taxicab operating under this chapter is subject to inspection at the discretion of the Chief of Police or his/her designee, to ensure continued maintenance and safe operating conditions. D. The number of passengers carried by a taxicab at any time shall not exceed the seating capacity of the taxicab but in any event no taxicab shall exceed seven passengers. E. All Taxicab Permits shall be issued in the name of the applicant. Upon issuance of each permit, the City shall create and maintain a list of all persons authorized to engage in taxicab operations under the permit. It shall be the sole responsibility of the permit holder to: 1. Provide a copy of the permit to each person authorized to engage in taxicab operations under the permit; 2. Ensure that each person authorized to operate a taxi under the permit complies with the terms and conditions of the permit and with the provisions of this Chapter; ---PAGE BREAK--- Ordinance No. 948 Page 5 of 7 3. Notify the City Clerk in writing of any persons added to or deleted from the list of authorized taxicab operators or any taxicab removed or added to be utilized under the Taxicab permit; 4. Submit to the City Clerk, for each person to be added to such list, the information required under Section 5.32.030 herein and each taxicab to be added under the Taxicab permit be inspected as required under Section 5.32.030 (B)(10) herein and revision of insurance coverage as needed under Section 5.32.03 for each person or taxicab added under the Taxicab permit; and 5. Each applicant shall submit a proposed schedule of rates for taxicab operations at the time of application for a permit. No charge shall be made by any taxicab operator or owner in excess of the rates posted with taxicab and submitted to City Clerk. Whenever a rate change is desired, the taxicab permit holder may file a request for amendment with the City Clerk. C. The City shall, within ten (10) business days of the City’s receipt of a complete application for a permit under this Chapter, issue such permit, together with identification badges for all persons authorized to engage in taxicab operations under the permit, unless the City determines that the permit application is denied under the criteria stated in Section 5.32.060. The identification badges shall contain a photograph of the taxicab operator bearing the words “Permitted Taxicab Operator,” include the names of the employer and operator, and the expiration date of the permit. Should Operator misplace such identification badge, the Operator will not be authorized to engage in taxicab operations under the permit until the City determines whether a new identification badge shall be reissued and Operator or Applicant pays an additional twenty-five dollar ($25.00) fee. Said rates will not be prorated. D. Applicant shall agree to hold the City harmless and indemnify City from and against all claims, demands, costs, losses, damages, injuries, litigation and liability arising out of or related to activity of the applicant, or applicant’s agents, employees, or contractors related to such permit. Section 5. Section 5.32.050 of the Douglas Municipal Code is hereby created to read as follows: 5.32.050. Persons prohibited. A person shall not be eligible for issuance of a permit nor be authorized under a permit under this Chapter if: A. A permit previously issued to such person by the City under this Chapter has been revoked by the City under Section 5.32.060 herein; or B. Such person and/or applicants have been convicted of a felony or high misdemeanor under the laws of the State of Wyoming, or an equivalent offense under any Federal, State, County or Municipal law. Section 6. Section 5.32.060 of the Douglas Municipal Code is hereby created to read as follows: 5.32.060. Denial or Revocation of a Permit. The City shall deny an application for a permit, refuse to renew a permit or revoke a permit issued under this Chapter if the City determines that the applicant has: ---PAGE BREAK--- Ordinance No. 948 Page 6 of 7 A. Made any material misrepresentation or false statement in the application for the permit or any renewal application, including, without limitation representations made as to the criminal history of any person to be authorized to operate a taxi under the permit; B. Failed to notify the City if any person authorized to operate or vehicle utilized under the permit, including the applicant, becomes a prohibited person as outlined in Section 5.32.050 or 5.32.040 herein, after the issuance of the permit. C. Failed to obtain necessary licenses as required by the State or City, including but not limited to a State sales and use tax license and letter of authority; D. Been convicted of a felony or high misdemeanor under the laws of the State of Wyoming or an equivalent offense under any Federal, State, County or Municipal law. E. Failed to conduct and/or supervise taxi operation activities under the permit so as to reasonably ensure that such operation is in compliance with the terms of the permit and with the provisions of this Chapter; or, F. Authorized, condoned or knowingly tolerated any unlawful taxicab operation or any operation conducted in such a manner as to constitute a menace to the health, safety, or general welfare of the public. Section 7. Section 5.32.070 of the Douglas Municipal Code is hereby created to read as follows: 5.32.070. Permit term. Unless otherwise revoked under Section 5.32.060 herein, a Taxicab Permit shall be valid for one year, effective from the date of issuance. Section 8. Section 5.32.080 of the Douglas Municipal Code is hereby created to read as follows: 5.32.080. Transfer of Permits Prohibited. No permit issued pursuant to this Chapter shall be transferred to any person. Section 9. Section 5.32.085 of the Douglas Municipal Code is hereby created to read as follows: 5.32.85. Posting Rate Schedule and Excessive Charges. Every taxicab shall have posted in a conspicuous location within the taxicab a schedule of rates and charges for taxicab, copy of Taxicab permit and driver’s identification. Any user of taxicab operation contending that he or she has been required to pay an excessive charge for service than posted rate or service may file a written complaint with the City Chief of Police or his or her designee. The City Clerk shall notify applicant of Taxicab Permit of such complaint and the City Chief of Police or his or her designee shall investigate the matter to determine the validity of the complaint. If the complaint is determined to be valid, the City shall take reasonable and proper actions to secure compliance with the provisions of this Chapter or potential pursue revocation of Taxicab permit. Section 10. Section 5.32.087 of the Douglas Municipal Code is hereby created to read as follows: 5.32.87 Refusal to pay fare. It is unlawful for any person to refuse to pay the fare for the taxicab after having hired the same with intent to defraud the person from whom it is hired. ---PAGE BREAK--- Ordinance No. 948 Page 7 of 7 Section 10. Section 5.32.090 of the Douglas Municipal Code is hereby created to read as follows: 5.32.090. State and Federal Motor Carrier Regulations. All taxicabs that fall within the Wyoming Department of Transportation or United States department of transportation rules and regulations are governed by those rules and regulations shall provide evidence of compliance with such rules and regulations before the issuance of a taxicab license, or any renewal thereof. Section 11. Section 5.32.100 of the Douglas Municipal Code is hereby created to read as follows: 5.32.100. Appeal An applicant may appeal any decision relating to his or her permit by the City to the Council. The Council’s decision shall be final and nonappealable. Section 12. Section 5.32.110 of the Douglas Municipal Code is hereby created to read as follows: . 5.32.110. Violations and penalties. In addition to the revocation, suspension or denial of a taxicab permit or identification badge issued by the City, it is a misdemeanor for any person to violate any of the provisions of this chapter, and upon conviction thereof shall, if a penalty is not otherwise specified, be punished by a fine of not more than seven hundred fifty dollars ($750.00), to which court costs shall be added. In situations found appropriate by the trial court restitution may also be required. Section 13. Douglas Municipal Code Sections 1.04.050, 1.04.060 and 2.08.060, by reference, are incorporated herein and made a part hereof. Passed and Approved on First Reading This 24th day of March, 2014. Passed and Approved on Second Reading This 14th day of April, 2014. Passed, Approved, and Adopted on Third and Final Reading This 28th day of April, 2014. Bruce A. Jones, Mayor Attest: Karen Rimmer, City Clerk Published: May 7, 2014 ATTESTATION I, Karen Rimmer, the Clerk of the City of Douglas, Wyoming, do hereby attest and state that the above ordinance was published/posted in the manner required by law and that all procedures required by Wyoming State law were complied with. Karen Rimmer, City Clerk