City of New Haven, Indiana

                                                       CHAPTER 114:  TAXICABS

Section

114.01 Definitions

114.02 Compliance Required

114.03 Applications for Permits

114.04 Filing Bond and Information with Application

114.05 Issuance of Permits; Fees

114.06 Duration of Permits

114.07 Renewal Permits and Licenses

114.08 Door Requirements for Vehicles

114.09 Insurance or Guaranty Bond Requirements

114.10 Number Plates

114.11 Permits Not Transferable

114.12 Records to Be Kept by Common Council

114.13 Revocation of Permits

114.14             Vehicles to Be Owned and Operated in Name of Permit Holder

114.15 Identification of Vehicles

114.16 Drivers Employed by Permit Holders

114.17 State Chauffeur's License Required

114.18 Record of Trips

114.19 Adequate Service and Facilities Required

114.20 Appeal from Orders of Common Council

114.99 Penalty

'114.01           DEFINITIONS

For the purpose of this Chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(A)  Permit.  A permit for the operation of taxicabs in the City issues upon the approval and by the orders of the Common Council of the City.

(B)  Taxicabs.  A motor vehicle while being used for the performance of a contract for the transportation of passengers or groups of passengers for hire, to and from points chosen or designated by the passengers or groups of passengers, and running over any available route between these points, but not at the time being operated over or along definite, advertised, announced or substantially fixed terminals, locations, or districts or according to substantially fixed or announced times or intervals of arrival or departure.

[Ord. 659, passed 10-5-59]

'114.02           COMPLIANCE REQUIRED

(A)  It shall be unlawful for any person to operate or cause to be operated any taxicab in any public street, court, highway, or public place in the City without meeting the following conditions:

(1)  Applying for and obtaining a permit therefor from the Common Council;

(2)  Filing with the Clerk Treasurer a bond, undertaking, or contract of liability insurance in some responsible insurance company authorized to do business in the State of Indiana, the form of which insurance contract has been approved by the Insurance Department of Indiana, and containing the approval thereof; and

(3)  Paying the fees prescribed and obtaining license plates, all as is hereinafter more specifically provided.

(B)  No permit shall be granted except as provided in this Chapter.

[Ord. 659, passed 10-5-59]

'114.03           APPLICATIONS FOR PERMITS

(A)  Any person desiring to use, operate or drive any motor vehicle as a taxicab in or upon any public street, highway, or public place within the corporate limits of the City shall file an application for a permit with the Common Council, upon a form which the Common Council shall provide without charge to all applicants.

(B)  The application shall contain the name of all applicants, place of business, residence, if in New Haven, the length of time of residence, age, if an individual whether or not previously engaged in the business of transporting passengers for hire, and, if so, the length of previous experience, the number of taxicabs which the applicant desires to use, operate or drive, and any other information the Common Council may require.

[Ord. 659, passed 10-5-59]

'114.04           FILING BOND AND INFORMATION WITH APPLICATION

(A)  With the application provided for in '114.03, the applicant shall file in triplicate a list of the motor vehicles intended to be operated as taxicabs, together with the bond, contract of insurance, or guaranty bond hereinafter provided for.

(B)  The list shall contain the make, motor number, state license number, and seating capacity of each motor vehicle to be operated by the applicant.

[Ord. 659, passed 10-5-59]

'114.05           ISSUANCE OF PERMITS; FEES

(A)  The Common Council shall, after the approval by it of the bond or contract of insurance filed with it by the applicant, issue to the applicant a permit authorizing the applicant to operate taxicabs in the City, and shall file with the Clerk Treasurer a copy of the list of motor vehicles to be operated as taxicabs, together with the permit granted, and the bond or contract of insurance filed at the time of application.

(B)  Upon the filing with the Common Council of a copy of the list of motor vehicles, together with permit or bond or contract of insurance, the applicant shall pay to the Clerk Treasurer a fee of $10 for the permit and a license fee of $15 for each motor vehicle listed if payment is made before July 1 of any calendar year, and a license fee of $8 for each motor vehicle if payment is made after July 1 of any year.

[Ord. 659, passed 10-5-59]

'114.06           DURATION OF PERMITS

Every permit issued under the provisions of this Chapter shall expire on December 31 of the year in which it is issued.

[Ord. 659, passed 10-5-59]

'114.07           RENEWAL PERMITS AND LICENSES

Renewal permits shall be applied for and issued in the same manner as original permits; for each renewal permit a fee of $10 shall be charged and paid to the Clerk Treasurer, and for each renewal license a fee of $15 for each motor vehicle listed shall be charged and paid to the Clerk Treasurer.

[Ord. 659, passed 10-5-59]

'114.08           DOOR REQUIREMENTS FOR VEHICLES

All taxicabs for the operation of which a permit shall be granted by this Chapter shall be equipped with two doors on each side.

[Ord. 659, passed 10-5-59]

'114.09           INSURANCE OR GUARANTY BOND REQUIREMENTS

(A)  No permit to operate a taxicab in the City shall be issued until after the applicant therefor has filed with the Clerk Treasurer a contract of insurance or guaranty bond.

(B)  The contract of insurance or guaranty bond shall be issued by a reliable insurance company admitted to do business in the State of Indiana, with not less than $1,000,000 in assets.

(C)  The contract of insurance or guaranty bond shall be not less than $15,000 to $30,000 public liability policy for protection of bodily injury, with additional coverage of $10,000 for property damage.  The policies are to be the standard form of nondeductible.

(D)  The contract of insurance or guaranty bond shall provide that it will pay for any and all damages imposed by law upon the applicant, or any other person operating any motor vehicle as a taxicab under the permit, or by virtue of the provisions thereof, provided the damages result from bodily injury including death, and damage to property sustained by any person during the period covered by the contract of insurance or guaranty bond, by reason of the ownership, maintenance, operation or use under the permit, or by virtue of the provisions thereof, of any motor vehicle as a taxicab by any person whomsoever regardless of the ownership of the motor vehicle.

(E)  The contract of insurance or guaranty bond shall contain the further provision that the obligations and promises contained therein shall not be affected by any act or omission of:

(1)  The named insured, its agents, employees, bailees, or licensees;

(2)  Any other person operating any motor vehicle as a taxicab under the permit;

(3)  By virtue of the provisions thereof on account of a default in the payment of the premium on the contract of insurance or guaranty bond;

(4)  The giving of any notice required by the provisions thereof or otherwise; or

(5)  By the insolvency of the insured named therein.

(F)  It shall further be provided in the contract of insurance or guaranty bond, that no cancellation thereof shall become effective for any reason until five days after the written notice of the cancellation has been filed with the Clerk Treasurer.

(G)  The contract of insurance or guaranty bond shall provide that it shall be in full force and effect from and after the issuance of a permit to the applicant, and no permit shall be issued to any applicant therefor, unless the contract of insurance or guaranty bond has been filed with and approved by the Common Council.  No contract of insurance or guaranty bond shall contain any provision that liability shall not exist for claims, loss, or damage, arising while the taxicab is being operated from one place to another by any person under the influence of liquor.

[Ord. 659, passed 10-5-59]

'114.10           NUMBER PLATES

(A)  After the issuance of a permit, the Clerk Treasurer shall deliver to the applicant a metal number plate for each motor vehicle listed in the schedule filed, on which plate shall be printed or stamped the words "Car No. _________, 19___, New Haven, Indiana", which plate shall, at all times when the motor vehicle is being operated or used upon any public street, highway or other public place in the City as a taxicab, be conspicuously displayed on the rear thereof.

(B)  In the event the holder of any permit desires to transfer any plate from the motor vehicle for which it was issued, and use it on another motor vehicle, he shall immediately notify the Clerk Treasurer and furnish him the name of the maker, the serial number, and the seating capacity of the motor vehicle to which the plate is to be transferred.

(C)  In the event any person, firm, or corporation applying for a permit, has already been issued and granted a permit by a city of the second class in Allen County, Indiana, then so long as that permit is in force, the applicant:

(1)  In applying for a permit from the City of New Haven need not file an original bond, undertaking, or contract of liability insurance, but may file a duplicate copy of the bond, undertaking, or contract of liability insurance heretofore filed and accepted by the city of the second class in Allen County, Indiana.

(2)  Shall be exempt from the license fee requirements for each motor vehicle, and from the requirements of a metal number plate for each motor vehicle, provided the vehicle or vehicles are not permanently stationed or operating in the City of New Haven.

(3)  Shall file with its application for a permit, a detailed schedule of the proposed rates and charges, which, if approved, shall not be altered unless approval is granted by the Common Council of the City of New Haven.

[Ord. 659, passed 10-5-59; Ord. 710, passed 2-4-63]

'114.11           PERMITS NOT TRANSFERABLE

No permit issued under the provisions of this Chapter shall be transferable.  In the event of the death of the holder of any permit, or in case of the dissolution of a corporation, or in the event a receiver or trustee in bankruptcy is appointed for the holder of any permit issued under the provisions of this Chapter, the permit shall be null and void, and shall be immediately surrendered to the Clerk Treasurer.

[Ord. 659, passed 10-5-59]

'114.12           RECORDS TO BE KEPT BY COMMON COUNCIL

The Common Council shall keep on file in its office,  open to the inspection of the public, an indexed record of all orders made and entered under and pursuant to the provisions of this Chapter.

[Ord. 659, passed 10-5-59]

'114.13           REVOCATION OF PERMITS

(A)  For the violation of any of the provisions of this Chapter, any ordinances of the City regulating the operation and use of taxicabs in the City, any regulation issued by the Common Council pursuant to the authority conferred upon it by virtue of the provisions hereof, or for any other sufficient cause, the Common Council may, upon application filed by any person, or upon the motion of the Common Council or any member thereof, revoke any permit issued under the provisions of this Chapter.

(B)  Upon the filing of an application or motion, the Clerk Treasurer shall cause the application to be docketed for hearing before the Common Council, and shall serve a copy of the application or motion on the holder of the permit together with a notice of the date set for hearing, at least five days prior to the date of the hearing.

[Ord. 659, passed 10-5-59]

'114.14           VEHICLES TO BE OWNED AND OPERATED

IN NAME OF PERMIT HOLDER

No motor vehicle shall be operated as a taxicab in the City by any person unless the motor vehicle is owned by the holder of the permit under which it is operated.  No motor vehicle shall be operated as a taxicab in the City under the name, style, or designation, or from the place of business of any person other than the owner of the motor vehicle.

[Ord. 659, passed 10-5-59]

'114.15           IDENTIFICATION OF VEHICLES

Every taxicab operated in the City shall have the word "Taxi", the name of the holder of the permit under which the taxicab is operated, and the serial body number assigned to it in the list on file in the office of the Clerk Treasurer, painted in letters and numbers at least six inches in height on each side of the taxicab and on the rear thereof, and the letters and numbers shall be painted a different color from the color of the cab.

[Ord. 659, passed 10-5-59]

'114.16           DRIVERS EMPLOYED BY PERMIT HOLDERS

(A)  Every holder of a permit to operate taxicabs shall maintain on file in his own offices the names, addresses, and number of the chauffeur's license of each of his drivers, and the name and addresses of the next of kin of each driver who should be notified in case of emergency.

(B)  The list of drivers shall be open for inspection to the Police Department of the City at all times and must be kept current.

(C)  Every holder of a permit to operate taxicabs is prohibited to employ any person as a driver of taxicabs who has been convicted of a felony.

[Ord. 659, passed 10-5-59]

'114.17           STATE CHAUFFEUR'S LICENSE REQUIRED

No taxicab shall be driven or operated in the City by any person who has not been licensed as a chauffeur by the State of Indiana in the manner provided by law.

[Ord. 659, passed 10-5-59]

'114.18           RECORD OF TRIPS

(A)  Every holder of a permit for the operation of taxicabs in the City shall keep an accurate record of all trips made by all of the taxicabs operated under the permit.

(B)  The record shall be made by the operator and driver of the taxicab and shall show the points of origin and destination of all trips made, the number of passengers carried, and the time the trip began and was completed.

(C)  The records shall be open to inspection by the Police and by the Common Council or any of its duly authorized representatives; however, it shall not be necessary to preserve the record of any trip for more than 60 days after the date the trip was made.

[Ord. 659, passed 10-5-59]

'114.19           ADEQUATE SERVICE AND FACILITIES REQUIRED

(A)  Any person authorized to operate taxicabs in the City shall keep the taxicabs clean, properly ventilated and heated, provided with comfortable seats, in good repair, and painted and decorated so as to present an attractive appearance, both on the outside and inside of the taxicab.

(B)  Any person authorized to operate taxicabs in the City shall furnish reasonably adequate service and facilities.  It shall be unlawful to refuse to respond to calls by patrons, unless the patron is immediately notified that taxicabs are not available to render the service required by the patron.

(C)  In the event a call is accepted to serve a patron and it is subsequently determined that taxicabs are not available, the person operating the taxicab shall immediately inform the patron that the service cannot be rendered, in order to permit the patron to make other arrangements for transportation service.

[Ord. 659, passed 10-5-59]

'114.20           APPEAL FROM ORDERS OF COMMON COUNCIL

(A)  Any person adversely affected by any order made by the Common Council under the provisions of this Chapter may, within 20 days after the order is entered, commence an action in the Circuit or either of the Superior Courts of Allen County against the Common Council, to vacate or set aside the order on the ground that it is insufficient, unreasonable, unlawful, or procured by fraud or other unlawful methods.

(B)  Summons shall issue upon the complaint filed in such an action and be served on the Common Council in the manner now provided by law in civil actions, and the procedure in the trial of the cause shall be the same as in the trial of civil actions.