07-036-O                                                        REPLACEMENT 2


ORDINANCE NO. __________


AN ORDINANCE AMENDING CHAPTER 47, ARTICLE III, OF THE DULUTH CITY CODE, REGULATING TAXICABS.

BY COUNCILORS STAUBER, STEWART AND REINERT:

The city of Duluth does ordain:

     Section 1. That Section 47-17.2 of the Duluth City Code, 1959, as amended, be amended to read as follows:

Sec. 47-17.2.    Same--Issuance.

     Before a taxicab license is issued to any person by the city clerk, the application shall first be submitted to the chief administrative assistant officer of the city for his approval or denial. The chief administrative assistant officer shall not deny a license except for good cause. If the application is denied by the chief administrative assistant officer, the applicant may, within ten days, appeal such denial to the city council, which may by resolution approve the issuance of such license. When a taxicab license is made available by revocation, abandonment, surrender, cancellation or for some other cause, such available license may be reissued by the city in the same manner as the issuance of an original license.

     Section 2. That Section 47-20 of the Duluth City Code, 1959, as amended, be amended to read as follows:

Sec. 47-20.Vehicle standards and inspection.

     (a)  Original inspection. No persons shall operate or permit the operation of a vehicle as a taxicab and the city clerk shall not issue a taxicab vehicle license for any vehicle that is more than 10 model years old (unless it is more than 20 years old and has been completely restored to “as new” condition with all new dual master cylinder hydraulic brake system and all new steering components and has all safety systems required to be on a new vehicle), or having more than 300,000 miles on the chassis, nor for any vehicle having a window which cannot be seen through from outside, or any neon or strobe lighting, nor any sign or graphic advertising that can reasonably be expected to be a distraction to other drivers so that they will be inattentive to their driving duties, nor for any such vehicle until such vehicle has been inspected by an inspector designated by the chief of police and has been found by such inspector to be in compliance with all laws respecting motor vehicles which are in force in the city of Duluth, and with all rules and regulations prescribed by the chief of police and that its brakes are in good operating condition and passenger restraint belts are in place and fully operational. Provided that the age and mileage standards above become effective on January 1, 2008, Tthe chief of police is hereby authorized to adopt such reasonable rules and regulations regarding safety equipment, regulatory devices and sanitary conditions as he shall deem necessary in order to ensure that only safe and sanitary taxicabs are in operation in the city of Duluth. No such regulation shall be effective until 30 days after filing with the city clerk and publication in the legal newspaper of the city.

     When the inspector designated by the chief of police finds that a taxicab is in compliance with such laws and rules and regulations he shall issue a certificate to that effect. Such inspector shall also rate the seating capacity of each taxicab inspected and shall state such capacity in the certificate he issues. No person shall operate or permit the operation of a taxicab unless such a certificate is posted in such taxicab;

     (b)  Periodic inspections. Every taxicab shall be periodically inspected by the inspector designated by the chief of police in order to determine continued compliance of such taxicab with all laws and rules and regulations respecting taxicabs. Such inspections may be carried out at any time by such inspector, but shall be carried out at least once every six months. All persons holding taxicab licenses shall comply with all requests of such inspector regarding the time and place of such inspections. If at any time the inspector finds that a taxicab does not comply with the required laws and rules and regulations, he shall remove the inspection certificate from such taxicab and shall return it only after such taxicab has been made to comply with such laws and rules and regulations. The purpose of the inspections is to enforce a public policy, and the city shall not be liable to any individual as a result of conducting or failing to conduct the inspection;

     (c)  Qualifications of inspectors. The chief of police shall issue written specifications establishing the minimum qualifications for any mechanic that is authorized to certify that any vehicle meets the requirements of this section; only certifications issued by mechanics so qualified shall meet the certification requirements of this Article. In addition to meeting the requirements of said specifications, any mechanic certifying to the compliance of any vehicle more than 10 model years old shall also be certified as an automobile mechanic by the American Society of Engineers.

     Section 3. That Section 47-33 of the Duluth City Code, 1959, as amended, be amended to read as follows:

Sec. 47-33.Rates - notice of rates.

     Every person operating a taxicab shall charge, and every person holding a taxicab license shall permit the charging only of the following rates for taxicab service in the city of Duluth and such rates shall not be reduced by issuance of coupon books, premiums or any other device whatsoever:

     (a)  For the first 1/10 mile or fraction thereof, $2.00, for each succeeding 1/10 mile or fraction thereof, $ .20, for each three minutes of waiting time or fraction thereof resulting from the special instance and request of a passenger or patron $1.50, provided, however, that such rates shall go into effect only if and when permitted under U. S. government price guidelines, and until such time as such rates go into effect the rates previously established by this Section shall remain in effect. No charge for any waiting time shall be made when the same results from traffic delays or circumstances beyond the control of such patron or passenger;

     (b)  No taxicab driver shall carry any person other than the person first employing his vehicle without the consent of such person. Group riding is permissible for passengers going in the same general direction, with the consent of all passengers involved, providing there is no other cab available at the point of loading and no delay is caused to any waiting passenger. Each member of such a group of passengers shall be required to pay only that amount which the taximeter would have registered if such person had been taken directly from the point of loading to his destination point.

     No extra fare shall be charged by the driver of a taxicab for additional passengers when such passengers are of one party or one family group. If the members of such a party or group do not have a common destination the driver shall collect the recorded fare at the final destination point;

     (c)  When a taxicab is engaged by the hour, the following rates shall be charged: $30 for the first hour or fraction thereof and $7.50 for each succeeding 15 minutes or fraction thereof. While a taxicab is so engaged, the driver shall place a hood or covering over the taximeter in such vehicle;

     (d)  For trips originating or ending outside of an area bounded by the following described line, $4 or the rate prescribed by Subsection (a), whichever is greater, except that all trips originating at the Duluth International Airport shall have a minimum fee of $6:

           Commencing at the foot of 40th Avenue West; thence northwesterly along 40th Avenue West to Haines Road; thence northwesterly along Haines Road to Skyline Parkway; thence northerly along Skyline Parkway to Trinity Road; thence northerly along Trinity Road to Arlington Avenue; thence northerly along Arlington Avenue to Arrowhead Road; thence easterly along Arrowhead Road to 34th Avenue East; thence southeasterly along 34th Avenue East and its extension to Lake Superior; thence beginning in a southwesterly direction, along the Duluth city limits to the intersection of such limits with 40th Avenue West extended; thence westerly to the point of beginning;

     (e)  For trips originating or ending within an area bounded by Kingsbury Creek on the east and the southwesterly entrance to Morgan Park extended westerly to the city limits, on the west, $5 or the rate prescribed by subsection (a), whichever is greater, and $6 or the rate prescribed by subsection (a), whichever is greater, for trips originating or ending south or west of the area described above;

     (f)  For trips originating or ending northeast of a line bounded by the Lester River north to Occidental Boulevard; Occidental Boulevard north to the Skyline Parkway; the Skyline Parkway north to the Maxwell Road; and the Maxwell Road north to the city limits line, $5 or the rate prescribed by subsection (a), whichever is greater;

     (g)  For any trip that includes the cartage of an unusual amount of goods, a charge of $ .50 shall be made over and above the rate prescribed in Subsection (a). The driver shall only be required to deliver the goods to a place which is under cover. For the purpose of this Subsection the term, unusual amount, means that amount which requires more than one loading or unloading trip for the passengers and driver.

     (a)  There shall be prominently displayed in all taxicabs a rate statement card no smaller than 8.5" x 11" supplied by the city clerk for a fee of $1 setting out in large size print, the taxi fare contained in this Section all the various rates charged to passengers for all the various services offered. This card shall contain a sentence informing passengers that it is illegal for the driver to charge for waiting time while delayed in traffic. This card shall also contain a sentence informing passengers that the driver has printed copies of the entire text of this Section the rate statement card which will be supplied to them upon request. Printed copies of the complete text of this Section shall be supplied to each taxicab driver by the city clerk without charge and such drivers shall give a printed copy of such text to any passenger who requests one. All the information on the rate statement card shall be prominently displayed on each side of the outside of the vehicle in text at least 1.5" high.

     The driver of any taxicab shall upon demand give any passenger a receipt for the fare charged, which receipt shall include the name of the driver, the identification of the vehicle, the amount charged and the date of the transaction.

     Section 4. That Section 47-38 of the Duluth City Code, 1959, as amended, be amended to read as follows:

Sec. 47-38.Nonuse of license.

     Whenever any holder of a taxicab license shall for a period of seven consecutive days fail to make a reasonable and consistent effort to keep a taxicab or taxicabs in operation under authority of such license, the administrative assistant of the city, after hearing upon five days' notice to the licensee, shall revoke such taxicab license. The licensee may appeal such revocation to the city council within 30 days, and the council may, by resolution, reinstate the revoked license. Evidence that a taxicab license has not been used for a period of seven consecutive days shall be prima facie evidence that the person holding such license has failed to make a reasonable and consistent effort to keep a taxicab or taxicabs in operation under authority of such license.

     Section 5. That this ordinance shall take effect 30 days after its passage and publication.


STATEMENT OF PURPOSE:  This ordinance increases insurance and safety inspection requirements and eliminates rate regulation.