2003-0341
INTRODUCED BY: BARRY MINNICH, COUNCILMAN, DISTRICT VII
ORDINANCE NO.
Title
An ordinance to amend the Code of Ordinances, Parish of St. Charles, by adding and revising Chapter 22.5 Vehicles for Hire, Article II. Taxicabs, to regulate taxicabs, taxicab drivers and owners in St. Charles Parish.
Body
WHEREAS, the St. Charles Parish Council adopted Ordinance No. 88-3-13, on March 7, 1988, to rescind Ordinance No. 66-3-367 and to regulate taxicabs, taxicab drivers and owners in the Parish of St. Charles, LA; and,
THE ST. CHARLES PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That the Code of Ordinances, Chapter 22.5 Vehicles for Hire, Article II. Taxicabs is hereby amended by adding and revising the following:
ARTICLE II. TAXICABS
Sec. 22.5-16. Definitions.
The following words and phrases when used in this article shall have the meanings as set out herein:
- C.P.N.C. A certificate of public necessity and convenience issued by the Parish, permitting an individual or company to engage in a particular type of for-hire vehicular transportation.
- Airport Contract Limousine: means any vehicle operated exclusively by a ground transportation company under the terms of a written contract with the city, through the city Aviation Board, for the purpose of providing transportation to and from the Louis Armstrong, New Orleans International Airport.
- Airport Delivery Limousine: service means any limousine except an airport contract limousine.
- Charter Vehicle: means any for hire vehicle for which the passengers have control over the routes taken and/or the destination visited.
- Courtesy Transportation or Courtesy Vehicles in the Tour Industry: means any motor vehicle designed or used for the transportation of passengers in the tour industry where no direct fee is charged to the passengers.
- Courtesy Vehicle: means any vehicle operated by or on the behalf of a commercial entity in such a manner that a passenger of such a vehicle is not charged a fee for provision of transportation.
- Disabled Friendly Taxi or DFT: means any motor vehicle built on a truck type frame or body and which is equipped with an automatic lift for entry/exit and multiple tie-downs for a secure ride. These vehicles shall be used for the transportation of physically challenged persons using mobile devices and persons accompanying such physically handicapped persons over a route or to a destination that is controlled by the passenger.
- Driver: includes every person in actual operation of a vehicle licensed for operation as a for hire vehicle.
- Driver's Permit: the permit granted by the Parish authorizing an individual to drive a vehicle that bears a valid C.P.N.C. number.
- For Hire Vehicle: means any motor vehicle or animal-drawn vehicle designed or used for the transportation of passengers for hire, the charges for the use of which are determined by agreement or by the length of time for which the motor vehicle is engaged.
- Manifest: A daily record prepared by a taxicab driver of all trips made by the driver showing time and place of origin, destination, number of passengers and the amount of fare of each trip.
- For Hire Vehicle Inspection Station: means the location of the required examination of the vehicles to be operated as for hire vehicles to determine that such vehicles are safe and in satisfactory condition.
- Narcotic Drugs: includes "coca" leaves, opium, cannabis, marijuana, isonipecaine and every synthetic substance known to have narcotic action. Including all drugs controlled under R. S. 40:961 et seq. the Uniform Controlled Dangerous Substances Law.
- Owner: any person, firm, partnership or corporation that is the legal registered owner of vehicles defined in this section.
- Parish: The Parish of St. Charles, the Parish Council or the appropriate department designated by the Parish President for the Administration and enforcement of the provisions of this article. Such department shall make any administrative regulations, which may be necessary to implement or administer the provisions of this article.
- Person: includes any individual, corporation, partnership, company or association owning, driving, controlling or operating any for hire vehicle as defined in this article and regulated by this chapter.
- Street: any public street, avenue, road, boulevard, alley, lane, highway, drive, public park, railroad station, depot, airport, ferry landing, or any other public place under control of the Parish which are used regularly or may be used by taxi cabs to pick up or discharge passengers.
- Taxicab or Taxi: any motor vehicle used for the transportation of passengers for hire not operated on a fixed route to a destination that is controlled by the passenger or passengers.
- Taxicab Stand: is construed to mean a place where taxicabs are permitted to park as well as to pick up and to discharge passengers.
- Taxicab Zone: means a place designated by the Parish where taxicabs shall be permitted to pick up and discharge passengers but not park.
- Taximeter: an instrument or device attached to a taxicab which measures the distance driven and/or the waiting time, both upon which the fare may be based.
- Tour Bus or Sightseeing Bus: means any motor vehicle with a seating capacity of sixteen or more passengers used for the purpose of transporting six or more persons on a sightseeing trip to any of the Parish's points of interest and/or historic buildings, parks, or sites.
- (Ord. No. 88-3-13, § II, 3-7-88)
Sec. 22.5-17. C.P.N.C. required.
(a) No person shall operate or permit a taxicab owned or controlled by him to be operated as a vehicle for hire upon the streets of the Parish without having first obtained a C.P.N.C. certificate of public necessity from the Parish, St. Charles Parish Planning and Zoning Office.
(b) Reserved. [Repealed by Ord. No. 88-5-7, § I, 5-16-88.]
(c) Public necessity and convenience shall determine the requirements of a certificate. The C.P.N.C. sticker shall be affixed to the windshield of the vehicle. (Ord. No. 88-3-13, § III, 3-7-88)
Sec. 22.5-18. Application for C.P.N.C.
All applicants must apply for a C.P.N.C. by completing a Parish-approved application. Any applications not completed in full shall be returned as incomplete. (Ord. No. 88-3-13, § IV, 3-7-88)
Sec. 22.5-19. Liability insurance required.
No C.P.N.C. shall be issued or continued unless the owner has provided proof that there is in full force a liability policy issued by an insurance company authorized to do business in Louisiana. Cancellation of the policy will not be effective as to injured parties unless the Parish has been given notice ten (10) days prior of cancellation or lapse. (Ord. No. 88-3-13, § V, 3-7-88)
Sec. 22.5-20 Fees for C.P.N.C.
(a) No C.P.N.C. shall be issued or continued unless the holder has paid an annual certificate fee of fifty dollars ($50.00).
(b) All fines and certificate fees resulting from the enforcement of this article shall be collected by the appropriate Parish Department. (Ord. No. 88-3-13, § VI, 3-7-88; Ord. No. 88-12-4, 12-19-88)
Sec. 22.5-21. Transfer of C.P.N.C.
No C.P.N.C. may be sold, mortgaged or transferred without prior consent of the Parish.
Sec. 22.5-22. Transfer of vehicle and reissuance of C.P.N.C.
Upon the voluntary sale or transfer of a taxicab by the holder of a C.P.N.C. or his legal representative, the certificate holder shall immediately notify the Parish of his intention to replace such taxicab or shall surrender his C.P.N.C. If the C.P.N.C. is surrendered, the vendee or transferee may make application to the Parish for the C.P.N.C. of the taxicab. A new C.P.N.C. may then be issued by the Parish in the place of the C.P.N.C. so surrendered, provided the applicant has demonstrated to the satisfaction of the Parish that he is qualified to assume the duties and obligations of a taxicab owner, as imposed by the provisions of this article. Any false statement made by either party shall constitute cause for rejection, suspension or revocation of the C.P.N.C. (Ord. No. 88-3-13, § VIII, 3-7-88)
Sec. 22.5-23. Replacement of vehicles.
The holder of a C.P.N.C. shall be ordered by the Parish to replace his taxicab where it appears that the taxicab no longer meets the reasonable standards of safe operation prescribed by the Parish. Upon failure of the owner to comply with any such order within one hundred twenty (120) days after service thereof, the C.P.N.C. shall be deemed to have been abandoned by the nonuser. The Parish shall revoke any taxicab C.P.N.C. of a nonuser in the event it shall determine that the taxicab has not been operated for sixty (60) consecutive days, provided that such failure to operate shall not have been caused by strike, riot, war or other public catastrophe or in the event the owner has sold his taxicab and has failed to replace the taxicab within one hundred twenty (120) days from the date of the sale. However in the event that it is shown to the Parish by competent proof that an owner-driver has been disabled through illness his C.P.N.C. shall not be revoked because of such nonuse as provided in this section. (Ord. No. 88-3-13, § IX, 3-7-88)
Sec. 22.5-24. Renewal and expired C.P.N.C.'s.
Each C.P.N.C. in good standing shall be renewable during a two-month period beginning with the first day of December of the year of expiration and extending through the last day of January of the year for which the renewal is sought, subject to payment of annual fee and provided all other requirements of this article are complied with. C.P.N.C.'s that exceed the one-month grace period stated above shall be invalid. (Ord. No. 88-3-13, § X, 3-7-88)
Sec. 22.5-25. Suspension and revocation of C.P.N.C.'s.
Certificates issued under the provisions of this article may be revoked or suspended by the Parish if the holder has violated any of the provisions of this article, discontinued operations for more than sixty (60) consecutive days, or has violated any city or state laws, the violations of which reflect unfavorable on the fitness of the holder to offer public transportation.
Prior to the suspension or revocation, the holder shall be given notice and shall have an opportunity to be heard. (Ord. No. 88-3-13, § XI, 3-7-88)
DRIVER'S PERMIT
Sec. 22.5-26. Taxicab driver's permit.
No person shall operate a taxicab for hire upon the streets of the Parish, and no person who owns or controls a taxicab shall permit it to be so driven, and no taxicab authorized shall be driven at any time for hire, unless the driver shall have first obtained a valid taxicab driver's permit issued under the provisions of this article. (Ord. No. 88-3-13, § XII, 3-7-88)
Sec. 22.5-27 Application for driver's permit.
Applications shall be filed with the Parish on forms provided thereof and shall be completed in full. Each application shall be accompanied by a health certificate certified by a doctor approved by the Parish and no more than fourteen (14) consecutive days since issuance stating the applicant is not inflicted with any disease that might make him an unsafe driver nor is he addicted to drugs or narcotics.
Applicants must have in their possession a current chauffeur's license issued by the State of Louisiana.
Applicants must possess and demonstrate knowledge as to the layout of streets in the area in which he is to be operating.
Photographs and Fingerprints.
Each applicant for a driver's permit shall be submit photographs according to the requirements for identification established by the Parish and shall submit to being fingerprinted.
Age and literacy.
Applicants for C.P.N.C. or Driver's permit must be eighteen (18) years of age and must be able to read and write ENGLISH. In the case of a partnership or a corporation, such provisions shall be satisfied by the qualification of a principal partner or duly registered officer respectively.
Citizenship and residency.
- Citizenship: an applicant for any C.P.N.C. license must be a citizen of the United Stated. Proof of citizenship shall be submitted by the applicant at the time the application is made.
- Residency: an applicant for a C.P.N.C. must currently reside in this Parish and/or a contiguous Parish for a period of greater than six (6) months. Should the applicant reside in a contiguous Parish a duly designated agent for the service for process must be provided to the Parish.
- Driver's permit: an applicant for a driver's permit must have resided for the past six (6) months and presently reside in this Parish or a contiguous Parish.
- Organization: if the applicant is a corporation or partnership, the above requirements for a C.P.N.C. shall be satisfied by the qualification of all duly registered officers of the corporation or principal partners of the partnership.
- Notification of change of address.
It shall be the responsibility of each driver to notify the Parish of each change of address within seventy two (72) hours after such change is made and to have such change indicated on his driver's permit.
The Parish shall approve or reject the application. If rejected, the applicant may request a personal appearance to offer evidence why his application shall be reconsidered. Upon approval of an application for the taxicab driver's permit, the Parish shall issue a permit, which shall bear the name, address, race, sex, date of birth, color of hair, color of eyes, weight, and photo of applicant. (Ord. No. 88-3-13, § XIII, 3-7-88)
Sections 22.5-28 through 22.5-45 have no proposed changes.
Vote
The foregoing ordinance having been submitted to a vote, the vote thereon was as follows:
And the ordinance was declared adopted this day of , 2003, to become effective five (5) days after publication in the Official Journal.
AMDCODE-taxicabs
CHAIRMAN:______________________________________________
SECRETARY:_____________________________________________
DLVD/PARISH PRESIDENT:_________________________________
APPROVED:______________ DISAPPROVED:__________________
PARISH PRESIDENT:______________________________________
RETD/SECRETARY:_______________________________________
AT:_______________ RECD BY: _____________________________