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HomeMy WebLinkAboutChapter 22 - Public Transportation City of Oshkosh Municipal Code Revised 02/26/13 CHAPTER 22 PUBLIC TRANSPORTATION ARTICLE I. TAXICABS AND DRIVERS 22-1 DEFINITIONS 22-2 TAXICAB LICENSE REQUIRED; TERM 22-3 APPLICATION FOR LICENSE 22-4 LICENSE FEE 22-5 LIABILITY INSURANCE 22-6 CONDITION OF VEHICLES 22-7 RECORD KEPT BY CLERK 22-8 CANCELLATION AND REVOCATION 22-9 EMPLOYING UNLICENSED DRIVERS 22-10 DRIVERS LICENSE REQUIRED; QUALIFICATIONS 22-11 EXAMINATION OF DRIVERS 22-12 LICENSE TERM; FEES 22-13 CLERK’S RECORD OF LICENSES 22-14 SUSPENSION AND REVOCATION 22-15 OPERATION OF VEHICLE 22-16 DUTY OF POLICE DEPARTMENT 22-17 REPORTING ACCIDENTS 22-18 VIOLATIONS ARTICLE II. COMMON MOTOR CARRIERS 22-19 CONSENT REQUIRED 22-20 FEE AND REVOCATION OF CONSENT 22-21 RESERVED (Formerly Benches at bus stops) 22-22 RESERVED 22-23 RESERVED 22-24 RESERVED 22-25 RESERVED 22-26 MOTOR BUSSES; OBSTRUCTION OF OPERATOR’S VIEW ARTICLE III. PENALTIES 22-27 PENALTIES City of Oshkosh Chapter 22 – Page 1 MunicipalCode City of Oshkosh Municipal Code Revised 02/26/13 ARTICLE I. TAXICABS AND DRIVERS SECTION 22-1 DEFINITIONS The term "taxicab" as used herein shall include all vehicles carrying passengers for hire, excepting such vehicles as operate on established routes and are regulated by the Public Service Commission of Wiscon- sin. SECTION 22-2 TAXICAB LICENSE REQUIRED; TERM No taxicab shall be operated upon the streets of the City until a license shall have been obtained from the City Council therefor. Such license shall be issued as of July 1st of each year. SECTION 22-3 APPLICATION FOR LICENSE Applications for license for taxicabs shall be made to the City Clerk by the owner thereof upon blank forms to be furnished by the Clerk. Any such application shall contain the full name and address of the owner, the make, model, and year of manufacture, the Wisconsin State license number for the current year, engine number, and factory number of the motor vehicle. Before any such license is granted such application shall have endorsed upon it the approval or disapproval of the Chief of Police and the Common Council. SECTION 22-4 LICENSE FEE A fee of Ten Dollars (10.00) per vehicle shall be the license fee for the license year, or any thereof, and shall be paid in advance. Wherever new or different vehicles are substituted during the license year for other vehicles previously licensed, an additional Ten Dollars ($10.00) fee shall not be required, but the City Clerk shall be notified whenever such change in vehicles takes place and before such new or substitute vehicle is put into operation. SECTION 22-5 LIABILITY INSURACE No license to operate a taxicab or business providing taxicab services shall be issued unless and until the owner shall have filed with the City Clerk an insurance policy issued by an insurance company licensed to do business in the State of Wisconsin, providing insurance coverage for such taxicab services, with a minimum liability of one million dollars ($1,000,000.00) per occurrence, for any accident due to the operation of such vehicle/vehicles. Said policy shall also include the City of Oshkosh, and its officers, council members, agents, employees, and authorized volunteers as additional insured. The policy shall be approved by the City Attorney or his/her designee and shall contain a provision that the policy may not be canceled before the expiration of its term except upon thirty (30) days written notice to the City Clerk. SECTION 22-6 CONDITION OF VEHICLES No vehicle shall be licensed until it has been thoroughly and carefully examined by the Chief of Police and found to be in a thoroughly satisfactory and safe condition for the transportation of passengers, clean, of good appearance, well painted and varnished, and that said vehicle complies with all the other provisions of this Article. Such examination shall be made and a report filed with the City Clerk before the license is issued. If such examination and inspection show that such vehicle does not comply with any of the City of Oshkosh Chapter 22 – Page 2 MunicipalCode City of Oshkosh Municipal Code Revised 02/26/13 provisions of this Section no license shall be issued. SECTION 22-7 RECORD KEPT BY CLERK The City Clerk shall keep a register of the name of each person owning or operating any vehicle or vehicles licensed under this Article, together with the license numbers and description, make, and the name and address of the insurance companies and the date of the expiration of such insurance and furnish the Chief of Police with a copy thereof. The records shall be open to the inspection of the public at all reasonable times. SECTION 22-8 CANCELLATION AND REVOCATION (A) Grounds for Revocation Licenses granted under this Article may be suspended or revoked at any time by the City Council for any causes herein provided by this Section, and/or if the vehicle shall not be of good appearance, clean and safe. Licenses, when suspended, shall not be reissued until the vehicle shall be put in a fit condition for use by the public to the satisfaction of the Common Council. (B) Termination of Insurance Revokes License. The cancellation or other termination of any insurance policy issued in compliance herewith shall automatically revoke and terminate all licenses issued for the taxicab covered by such insurance policy unless another policy or bond complying with these provisions shall be provided and be in effect at the time of such cancellation or termination. (C) Notice to Owner of Revocation. When a taxicab license is revoked or canceled, as herein provided, it shall be the duty of the City Clerk to immediately notify the owner to cease at once to operate the vehicle for which the license has been revoked as a taxicab. SECTION 22-9 EMPLOYING UNLICENSED DRIVERS It shall be unlawful for any person operating a taxicab upon the streets of the City to employ as a driver of such taxicab any person other than a driver duly licensed under the provisions of Section 22-10 of this Article. SECTION 22-10 DRIVERS LICENSE REQUIRED; QUALIFICATIONS Every person driving a taxicab must be licensed as such and each applicant for a driver's license must fulfill the following requirements: (1) Be at least eighteen (18) years of age. (2) Be of sound physique, with good eyesight, and not subject to epilepsy, vertigo, heart trouble, or any other infirmity of body or mind which might render him unfit for the safe operation of the vehicle. (3) Be able to speak, read, and write the English language plainly. (4) Be clean in dress and person and not addicted to the use of intoxicating liquors, or habit forming drugs. (5) Produce on forms to be provided by the City Council through the Chief of Police, affidavits of City of Oshkosh Chapter 22 – Page 3 MunicipalCode City of Oshkosh Municipal Code Revised 02/26/13 his good character from two (2) reputable citizens of the City who have known him personally and observed his conduct frequently during one (l) year next preceding the date of his application, and also a further testimonial from his last employer. (6) Fill out upon a blank to be provided by the City Council, through the Chief of Police of the City, a statement giving his full name, including his full first name, his residence, or places of residence, for three (3) years previous to his moving to his present address, his age, color, height, color of eyes and hair, place of birth, length of time he has resided in this City, whether a citizen of the United States, place of previous employment, whether married or single, whether he has ever been convicted of a felony or a misdemeanor, whether he has ever been previously licensed as a driver or chauffeur, and if so, when and by what authority, whether his license has ever been revoked or suspended, and if so, for what cause. Such statement must be signed and sworn to by the applicant and filed with the City Clerk and kept as a permanent record and must have endorsed upon it the approval or disapproval of the Chief of Police and the recommendation of the Common Council. SECTION 22-11 EXAMINATION OF DRIVERS Each applicant for a driver's license under the provisions of this Article shall be examined by a person designated by the Chief of Police as to his knowledge of and his compliance with all of the provisions of this Article, and of the traffic regulations. If the result of the examination be unsatisfactory, he shall be refused a license. SECTION 22-12 LICENSE TERM; FEES The fee for a driver's initial license shall be Forty-five Dollars ($45.00) for a two-year period or fraction thereof. The fee for a driver's renewal license shall be Forty Dollars ($40.00) for a two-year period or fraction thereof. The fee for a duplicate taxicab driver's license shall be Fifteen Dollars ($15.00). Every driver's license shall expire on the 30th day of June prior to the expiration of the two-year period from date of issuance. Driver's licenses shall be signed by the City Clerk, and issued after the approval thereof by the Common Council. SECTION 22-13 CLERK'S RECORD OF LICENSES There shall be kept by the City Clerk a complete record of each license issued to a driver, and of all renewals, suspensions, and revocations thereof, which record shall be kept on file with the original application of the driver for a license. SECTION 22-14 SUSPENSION AND REVOCATION A driver's license may be suspended or revoked at any time for violation of any of the provisions of this Article or for any cause deemed sufficient by the City Council or by the Municipal Court. A second suspension for the same reason or a third suspension for any cause shall automatically revoke the driver's license. No driver whose license has once been revoked shall again be licensed as a driver in the City, unless upon formal application for a license to the City Council and a hearing upon such application, the City Council shall take favorable action thereon. When a license has been suspended or revoked by the court thereof, the approval of such court shall be necessary to the restoration or reissue of such license. When any driver's license shall be suspended or revoked by the Common Council the Chief of Police shall be immediately notified thereof. City of Oshkosh Chapter 22 – Page 4 MunicipalCode City of Oshkosh Municipal Code Revised 02/26/13 SECTION 22-15 OPERATION OF VEHICLE The driver of a vehicle licensed hereunder shall not seek employment by repeatedly and persistently driving his vehicle to and from in a short space before, or by otherwise interfering with the proper and orderly access to or egress from any theater, hall, hotel, public resort, railway station, or other place of public gathering; but any such driver may solicit employment by driving through any public street or place without stops, other than those due to obstruction of traffic, and at such speed as not to interfere with or impede traffic. SECTION 22-16 DUTY OF POLICE DEPARTMENT The Chief of Police or his representatives shall have the duty and authority at all times to inspect taxicabs, drivers, and the quality of service of taxicab owners and drivers, and report thereon to the Common Council. SECTION 22-17 REPORTING ACCIDENTS It shall be the duty of every driver of a taxicab to report to the Chief of Police, within twenty four (24) hours after the happening thereof, any accident involving any injury to person or damage to property wherein his vehicle is involved. SECTION 22-18 VIOLATIONS Any owner or driver of an unlicensed vehicle, or any owner, operator or driver whose license has been suspended or revoked, who shall operate a vehicle for the purpose of soliciting and carrying persons for hire or reward in contravention to any of the provisions of this Article shall be subject to the penalties hereinafter provided. ARTICLE II. COMMON MOTOR CARRIERS SECTION 22-19 CONSENT REQUIRED No person shall operate any motor vehicle in the manner and for the purpose described in Chapter l94 of the Wisconsin Statutes along and upon any street, alley or highway in the City unless and until there shall have been obtained from the Common Council consent for such operation as hereinafter provided. All such applications shall be presented to the Council and the consent granted shall be evidence by a certificate of the City Clerk under the seal of the City. SECTION 22-20 FEE AND REVOCATION OF CONSENT (A) Annual Fee. None. (See Section 76.54, Wisconsin Statutes.) (B) Revocation of Consent. Any consent hereby given may be revoked upon hearing before the Council, if the said person to whom the consent is given shall fail to operate the vehicle in a satisfactory manner in the territory and over the route as described in the application and bond, or shall fail to operate on the schedule as shown therein or shall charge a higher rate of fare than therein provided. City of Oshkosh Chapter 22 – Page 5 MunicipalCode City of Oshkosh Municipal Code Revised 02/26/13 SECTION 22-21 RESERVED (Formerly -- BENCHES AT BUS STOPS) SECTION 22-22 RESERVED SECTION 22-23 RESERVED SECTION 22-24 RESERVED SECTION 22-25 RESERVED SECTION 22-26 MOTOR BUSSES; OBSTRUCTION OF OPERATOR'S VIEW (A) Definition of Obstruction The driver's view shall be deemed to be obstructed within the purview of this Section when any passenger is standing forward of a line parallel to and extending through the rear edge of the operator's or driver's seat. Said line shall be clearly marked on the floor and walls for reach motor bus operated upon the streets of the City, and each bus shall be equipped with a sign forbidding passengers to stand forward of said line. Said sign shall be of sufficient size to be clearly visible and shall be placed or hung at the said line hereinbefore described and shall contain the following language or words similar thereto, "Passengers standing forward of this line prohibited by City ordinance". (B) Illegal Operation. It shall be unlawful for the operator of any motor bus to operate the same when it is so loaded as to obstruct the view of the operator to the front or to the sides or to interfere with the operator having free use of both hands and feet to the operating mechanism or controls of the motor bus. (C) Illegal Riding. It shall be unlawful for any passenger in a motor vehicle to ride in such a position as to interfere with the operator's view ahead or to the sides or to interfere with the operator's control of the operating mechanism of the vehicle. ARTICLE III. PENALTIES SECTION 22-27 PENALTIES Any person who shall violate any of the provisions of this Chapter or of any Section thereof, shall, upon conviction thereof, be punished by a forfeiture of not less than $75.00 nor more than $500.00, together with the costs of prosecution, and in default of payment thereof, by imprisonment in the County Jail for a period not to exceed sixty (60) days. Each day of violation shall constitute a separate offense. City of Oshkosh Chapter 22 – Page 6 MunicipalCode