For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CERTIFICATE. A certificate of public convenience and necessity issued by the Legislative Authority authorizing the holder thereof to conduct a taxicab business in this municipality.
DRIVER’S LICENSE. The permission granted by the municipality to a person to drive a taxicab upon the streets of the municipality.
HOLDER. A person to whom a certificate of public convenience and necessity has been issued.
LEGISLATIVE AUTHORITY. Means the Legislative Authority of the municipality or an authorized municipal official designated by the Legislative Authority of the municipality.
MANIFEST. A daily record prepared by a taxicab driver of all trips made by such driver showing time and place of origin, destination, number of passengers, and the amount of fare of each trip.
OPEN STAND. A public place alongside the curb of a street or elsewhere, in the municipality which has been designated and reserved exclusively for the use of taxicabs.
PERSONS. Includes an individual, a corporation or other legal entity, a partnership, and any unincorporated association.
TAXICAB. A motor vehicle regularly engaged in the business of carrying passengers for hire, having a seating capacity of less than five passengers and not operated on a fixed route.
TAXIMETER. A meter, instrument or device attached to a taxicab which measures mechanically the distance driven and the waiting time upon which the fare is based.
WAITING TIME. The time when a taxicab is not in motion from the time of acceptance of a passenger or passengers to the time of discharge, but does not include any time that the taxicab is not in motion if due to any cause other than the request, act or fault of a passenger.
No person shall operate or permit a taxicab owned or controlled by him or her to be operated as a vehicle for hire upon the streets of the municipality without having first obtained a certificate of public convenience and necessity from the Legislative Authority.
Penalty, see § 110.99
An application for a certificate shall be filed with the Legislative Authority upon forms provided by the municipality; and such application shall be verified under oath and shall furnish the following information:
(A) The name and address of the applicant.
(B) The financial status of the applicant, including the amounts of all unpaid judgments against the applicant and the nature of the transaction or acts giving rise to such judgement.
(C) The experience of the applicant in the transportation of passengers.
(D) Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate.
(E) The number of vehicles to be operated or controlled by the applicant and the location of proposed depots and terminals.
(F) The color scheme or insignia to be used to designate the vehicle of the applicant.
(G) Such further information as the Legislative Authority may require.
Penalty, see § 110.99
(A) If the Legislative Authority finds that further taxicab service in the municipality is required by the public convenience and necessity and that the applicant is fit, willing, and able to perform such public transportation and to conform to the provisions of this chapter and the rules promulgated by the Legislative Authority, then the Legislative Authority shall issue a certificate stating the name and address of the applicant, number of vehicles authorized under such certificate and the date of issuance; otherwise, the application shall be denied.
(B) In making the above findings, the Legislative Authority shall take into consideration the number of taxicabs already in operation, whether existing transportation is adequate to meet the public need, the probable effect of increased service in local traffic conditions, and the character, experience, and responsibility of the applicant.
No certificate of public convenience and necessity shall be issued or continued in operation unless there is in full force and effect liability insurance for each vehicle authorized in the amount of $100,000 for bodily injury to any one person, $300,000 for injuries to more than one person which are sustained in the accident, and $50,000 for property damage resulting from any one accident. Such liability insurance shall inure to the benefit of any person who shall be injured or who shall sustain damage to property proximately caused by the negligence of a holder, his or her servants or agents. Policies shall be filed with the Legislative Authority prior to issuance of license, and shall be retained by the Legislative Authority during the term of the license.
(Rev. 1999) Penalty, see § 110.99
No certificate shall be issued or continued in operation unless the holder has paid an annual license fee of an amount to be determined by the Legislative Authority for the right to engage in the taxicab business and an amount to be determined by the Legislative Authority for each vehicle operated under a certificate of public convenience and necessity. Such license fees shall be for the calendar year and shall be in addition to any other license fees or charges established by the proper authority and applicable to such holder or the vehicles under his or her operation and control.
No certificate of public convenience and necessity or license may be sold, assigned, mortgaged or otherwise transferred without the consent of the Legislative Authority.
Penalty, see § 110.99
(A) A certificate issued under the provisions of this section may be revoked or suspended by the Legislative Authority if the holder thereof has:
(1) Violated any of the provisions of this section;
(2) Discontinued operations for more than 30 days;
(3) Violated any state or local law or regulations which reflects unfavorably on the fitness of the holder to offer public transportation.
(B) Prior to suspension or revocation, the holder shall be given notice of the proposed action to be taken and shall have an opportunity to be heard.
No person shall operate a taxicab for hire upon the streets of the municipality, and no person who owns or controls a taxicab shall permit it to be so driven, and no taxicab licensed by the municipality shall be so driven at any time for hire, unless the driver of such taxicab shall have first obtained and shall have then in force a taxicab driver’s license under the provisions of this section.
Penalty, see § 110.99
Statutory reference:Minors not to drive taxicabs, see R.C. § 4507.321State driver’s license law, see R.C. Chapter 4507(A) An application for a taxicab driver’s license shall be filed with the Police Chief on forms provided by the municipality, and such application shall be verified under oath and shall contain the following information:
(1) The names and addresses of four residents of the municipality who have known the applicant for a period of one year and who will vouch for the sobriety, honesty, and general good character of the applicant.
(2) The experience of the applicant in the transportation of passengers.
(3) The educational background of the applicant.
(4) The concise history of his or her employment.
(B) Each application shall be accompanied by a certificate from a reputable physician of the municipality certifying that, in his or her opinion, the applicant is not inflicted with any disease or infirmity which might make him or her an unsafe or unsatisfactory driver. At the time the application is filed the applicant shall pay a fee of $5.
Penalty, see § 110.99
Before any application is finally passed upon by the Police Chief the applicant shall be required to pass a satisfactory examination as to his or her knowledge of the municipality and to show that he or she has a current motor vehicle operator’s permit issued by the State of Ohio.
The Police Chief shall conduct an investigation of each applicant for a taxicab driver’s license and a report of such investigation and a copy of the traffic and police record of the applicant, if any, shall be attached to the application.
The Police Chief, upon consideration of the application and the reports and certificates required to be attached thereto, shall approve or reject the application. If the application is rejected, the applicant may request a personal appearance before the Police Chief to offer evidence why the application should be reconsidered.
(A) Upon approval of an application for a taxicab driver’s license, the Police Chief shall issue a license to the applicant which shall bear the name, address, age, signature and photograph of the applicant.
(B) Such license shall be in effect for the remainder of the calendar year. A license for every calendar year thereafter shall issue upon the payment of $3 unless the license for the preceding year has been revoked.
Every driver licensed under this chapter shall post his or her driver’s license in such a place as to be in full view of all passengers while the driver is operating a taxicab.
Penalty, see § 110.99
The Police Chief is hereby given the authority to suspend any driver’s license issued under this section for a driver’s failing or refusing to comply with the provisions of this section, such suspension to last for a period of not more than 14 days. The Police Chief is also given authority to revoke any driver’s license for failure to comply with the provisions of this section. However, a license may not be revoked unless the driver has received notice and has had an opportunity to present evidence on his or her behalf.
Every driver licensed under this chapter shall comply with all federal, state and municipal laws. Failure to do so will justify the suspending or revoking of a license by the Police Chief.
Penalty, see § 110.99
(A) Prior to the use and operation of any vehicle under the provisions of this section, a license shall be issued for such vehicle by the Legislative Authority. Each application for a license shall be filed with the police department. The Police Chief shall endorse thereon approval of the mechanical conditions as set forth hereunder. The applicant must present to the Police Chief a certificate of a local garage whose name appears on a list prepared and approved by the Police Chief. Such certificate shall be on a form provided by the municipality stating that the taxicab has been inspected and that it meets the standard of safety as prescribed by the Police Chief. Furthermore, the certificate must state that the vehicle is found to be in a good condition of mechanical operation. Each taxicab must receive a similar inspection every third month thereafter by an approved local garage, and a similar certificate shall be provided the Police Chief on each occasion. All costs of inspection shall be borne by the applicant.
(B) Every vehicle operating under this section shall be periodically inspected by the police department at such intervals as shall be established by the Police Chief to insure the continued maintenance of safe operating conditions.
(C) Every vehicle operating under this chapter shall be kept in a clean and sanitary condition, according to rules and regulations promulgated by the Police Chief.
Penalty, see § 110.99
Statutory reference:Seat belts required in, see R.C. § 4513.263Each taxicab shall bear on the outside of each rear door, in painted letters not less than four inches nor more than six inches in height, the name of the owner or cab company and in addition, may bear an identifying design, approved by the Legislative Authority. No taxicab shall have a color scheme or identifying design, which in the opinion of the Legislative Authority, conflicts with or imitates any color scheme or identifying design used on vehicles already operating under this chapter, in such a manner as to be misleading or tend to deceive or defraud the public.
Penalty, see § 110.99
(A) All taxicabs operated under the authority of this chapter shall be equipped with taximeters fastened in front of the passengers, visible to them at all times day and night; and after sundown, the face of the taximeter shall be illuminated. Such taximeter shall be operated mechanically by a mechanism or from one of the front wheels by a flexible and permanently attached driving mechanism. They shall be sealed at all points and connections that would effect their correct reading and recording if manipulated. Each taximeter shall have thereon a flag to denote when the vehicle is employed and when it is not employed; and it shall be the duty of the driver to place the flag of such taximeter into a nonrecording position on the termination of each trip. The taximeters shall be subject to inspection from time to time by the police department. Any inspector or other officer of the police department is hereby authorized either on complaint of any person or without such complaint to inspect any meter and upon discovery of any inaccuracy therein, to notify the person operating such taxicab to cease operation. Thereupon such taxicab shall be kept off the highways until the taximeter is repaired and in the required working condition.
(B) Every taxicab shall display at all times a printed rate card of the fares and rates to be charged passengers for transportation. No operator shall charge a fare or rate in excess of those so displayed.
Penalty, see § 110.99
No taxicab operator shall seat or transport more passengers within the taxicab than the number of passengers rated by the manufacturer of the vehicle.
Penalty, see § 110.99
Drivers of taxicabs shall promptly deliver to the police department all property of value left in their vehicles by passengers.
Penalty, see § 110.99
Taxicabs having no license with this municipality and the place of business of the owner of which is not in the municipality may bring passengers into the municipality but may not pick up new passengers or accept any business within the municipality.
Penalty, see § 110.99
The driver of any taxicab shall, upon demand by the passenger, render to such passenger a receipt for the amount charged, either by a mechanically printed receipt or by a specially prepared receipt on which shall be the name of the owner, license number or vehicle number, amount of meter reading or charges and date of transaction.
Penalty, see § 110.99
It shall be unlawful for any person to refuse to pay the fare of any taxicab after having hired the same, and it shall be unlawful for any persons to hire any taxicab with the intent to defraud the person from whom it is hired of the value of such service. Whoever violates this section shall be charged with theft pursuant to either appropriate state law or pursuant to the appropriate theft offense under Chapter 131 of this code.
Cross-reference:Prima facie evidence of purpose to defraud, see § 131.14Theft, see § 131.08(A) Solicitation of passengers by driver. No driver shall solicit passengers for a taxicab except when sitting in the driver’s compartment of such taxicab or while standing immediately adjacent to the curb side thereof. The driver of any taxicab shall remain in the driver’s compartment or immediately adjacent to his or her vehicle at all times when such vehicle is upon the public street, except that when necessary, a driver may be absent from his or her taxicab for not more than five consecutive minutes, and provided further that nothing herein contained shall be held to prohibit any driver from alighting to the street or sidewalk for the purpose of assisting passengers into or out of such vehicle.
(B) Prohibited solicitation. No driver shall solicit patronage in a loud or annoying tone of voice or by sign or in any manner to annoy any person or obstruct the movement of any persons, or follow any person for the purpose of soliciting patronage.
(C) Receipt and discharge of passengers on sidewalk only. Drivers of taxicabs shall not receive or discharge passengers in the roadway but shall pull up to the right hand sidewalk as nearly as possible or in the absence of a sidewalk, to the extreme right hand side of the road and there receive or discharge passengers, except upon one-way streets, where passengers may be discharged at either the right or left sidewalk, or the side of the roadway in the absence of a sidewalk.
(D) Additional passengers. No driver shall permit any other persons to occupy or ride in such taxicab, unless the person first employing the taxicab shall consent to the acceptance of additional passenger or passengers, except for the transportation of school children to or from school on a regular pickup schedule. No charge shall be made for an additional passenger except when the additional passenger rides beyond the previous passengers destination and then only for the additional distance so traveled. If two or more passengers are transported to different destinations, the taximeter shall be reset at the end of each trip.
(E) Refusal to carry orderly passengers prohibited. No driver shall refuse or neglect to convey any orderly person, upon request, unless previously engaged or unable or forbidden by the provisions of this chapter to do so.
(F) Prohibitions of drivers. It shall be a violation of this chapter for any driver of a taxicab to solicit business for any hotel, or to attempt to divert patronage from one hotel to another. Neither shall such driver engage in selling intoxicating liquors or solicit business for any house of ill repute or use his or her vehicle for any purpose other than the transporting of passengers, or the transporting of parcels or packages not exceeding 100 pounds.
Penalty, see § 110.99
Open stands shall be used by the different drivers on a first come-first served basis. The driver shall pull on to the open stand from the rear and shall advance forward as the cabs ahead pull off. Drivers shall stay within five feet of their cabs; they shall not solicit passengers or engage in loud or boisterous talk while at an open stand. Nothing in this chapter shall be construed as preventing a passenger from boarding the cab of his or her choice that is parked at open stands.
Penalty, see § 110.99
All persons engaged in the taxicab business in the municipality operating under the provisions of this chapter shall render a comprehensive taxicab service to the public desiring to use taxicabs. Holders of certificates of public convenience and necessity shall maintain a central place of business for the purpose of receiving calls and dispatching cabs. They shall answer all calls received by them for services inside the corporate limits of the municipality, as soon as they can do so and if such services cannot be rendered within a reasonable time they shall notify the prospective passengers how long it will be before the call can be answered and give the reason therefor. Any holder who refuses to accept a call anywhere in the corporate limits of the municipality, at any time when such holder has available cabs, or who fails or refuses to give comprehensive taxicab service, shall be deemed a violator of this chapter and the certificate granted to such holder shall be revoked at the discretion of the Legislative Authority.
Penalty, see § 110.99
(A) Each driver shall maintain a daily manifest upon which are recorded all trips made each day, showing time and place of origin and destination of each trip and amount of fare, and all such completed manifests shall be returned to the owner by the driver at the conclusion of his or her tour of duty. The forms for each manifest shall be furnished to the driver by the owner and shall be of a character approved by the Police Chief.
(B) Every holder of a certificate of public convenience and necessity shall retain and preserve all driver’s manifests in a safe place for at least the calendar year next preceding the current calendar year, and such manifests shall be available to the Legislative Authority, Police Chief, or other authorized official.
Penalty, see § 110.99
(A) Every holder shall keep accurate records of receipts from operations, operating, and other expenses, capital expenditures, and such other operating information as may be required by the Legislative Authority. Every holder shall maintain the records containing such information and other data required by this chapter at a place readily accessible for examination by the Legislative Authority.
(B) Every holder shall submit reports or receipts, expenses, and statistics of operation to the Legislative Authority for each calendar year, in accordance with a uniform system prescribed by the Legislative Authority. Such reports shall reach the Legislative Authority on or before the 15th of February of the year following the calendar year for which such reports are prepared.
(C) All accidents arising from or in connection with the operation of taxicabs which result in death or injury to any person, or in damage to any vehicle or to any property in the amount exceeding the sum of $25 shall be reported within 24 hours from the time of occurrence to the police department in a form of report to be furnished by the department.
Penalty, see § 110.99
The police department is hereby given the authority and is instructed to watch and observe the conduct of holders and drivers operating under this chapter. Upon discovering a violation of the provision of this chapter, the police department shall report the same to the Mayor or other designated official, who will order or take appropriate action.
All monies and receipts which are derived from the enforcement of the vehicle licensing fees of this chapter shall be credited and paid into a separate fund, known as the “Public Service Street Repair Fund.” All monies and receipts credited to such Fund shall be used for the sole purpose of repairing streets, avenues, alleys, and lanes within the municipality.
(Rev. 1997)
Statutory reference:Vehicle license money to be used for street repairs, see R.C. § 715.66