Any person who violates or fails to comply with any of the provisions of this article or any persons, firm or corporation, who either directly or by agents or employees violates or fails to comply with any of the provisions of this article shall, upon conviction, be guilty of a class C offense. The certificate of any person, firm or corporation may be revoked by the governing body upon any violation or failure to comply with any of the laws of the state or at any time when it shall be determined by the governing body that the statements made in the application for the certificate are not being faithfully complied with by the licensee or are not true.

(Ord. 3183, § 1(8-411), 5-28-96; Code 2016, Sec. 102-31)

It shall be unlawful for any taxicab owner, the taxicab owner’s agent or employee to allow any person to operate a taxicab within the city who does not meet the following qualifications:

(a)   Such operator shall have a valid chauffeur’s license as required by state statute.

(b)   Such person shall have obtained and display a certificate of identification as required by this article.

(c)   Such operator shall not have been convicted of, or forfeited a bond on, any of the following offenses within the past two years.

(d)   Any felony under the laws of the state, any other state or of the United States.

(e)   Driving while intoxicated or under the influence of a controlled substance.

(f)    Leaving the scene of a vehicular accident.

(g)   Failing to file an accident report.

(h)   Any conduct which shall include, but not be limited to, the following: soliciting for prostitution, illegal sale of liquor or cereal malt beverage, gambling or any other misdemeanor opposed to decency or morality.

(Ord. 3183, § 1(8-407), 5-28-96; Code 2016, Sec. 102-32)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Driver’s certificate of identification means the permission granted by the city administrator to a person to drive a taxicab upon the streets of the city.

Taxicab means a motor vehicle regularly engaged in the business of carrying passengers for hire.

(Ord. 3183, § 1(8-401), 5-28-96; Code 2016, Sec. 102-56)

No person shall operate a taxicab within the city without having first obtained a certificate of identification as set forth in this section.

(Ord. 3183, § 1, 5-28-96; Code 2016, Sec. 102-57)

Upon such form as the city clerk may prescribe and furnish, application for such certificate of identification shall be made in writing and shall include:

(a)   Name, age, gender, weight, height, color of eyes and hair, and residence address in the city.

(b)   Whether or not the applicant has heretofore been licensed as a chauffeur or taxicab driver and if so, when and by what state and whether such license has ever been revoked or suspended and if so, the date of such revocation and suspension.

(c)   The name of the person, firm or corporation by whom the applicant is employed.

(d)   Whether or not the applicant has ever been convicted of a felony or misdemeanor, giving particulars of each such conviction.

(e)   Each applicant shall furnish two good, clear photographs of himself. Such photographs shall be similar to passport-type, full face, front portrait, and not smaller than 2¼ inches by 2¾ inches nor larger than 2½ inches by three inches. One of the photographs shall be attached to the copy of the application filed with the city police department, and one copy shall be permanently attached to the certificate of identification issued to the individual. The applicant shall also allow fingerprints of the applicant to be taken by the police department.

(f)    Such application shall be accompanied by the payment of a fee in an amount established in the city’s fee resolution. If the applicant is refused a certificate of identification, such fee shall be retained by the city.

(Ord. 3183, § 1(8-402), 5-28-96; Code 2016, Sec. 102-58)

Such certificate shall be issued by the city clerk, upon approval by the city administrator, on a form that shall include the date of issuance, age, height, weight, gender, race and color of eyes and hair of the applicant, and shall bear the signature of the chief of police, city administrator and city clerk.

(Ord. 3183, § 1(8-403), 5-28-96; Code 2016, Sec. 102-59)

Before a certificate of identification shall be issued as provided by this article, the applicant shall, as a condition precedent to obtaining such certificate, obtain public liability insurance with an insurance company permitted to issue such policies by the commissioner of insurance of the state covering each vehicle, with limits of:

(a)   Two hundred fifty thousand dollars for bodily injury for each person, $500,000.00 bodily injury for each accident, and $100,000.00 property damage each accident; or

(b)   $500,000.00 combined single limit.

(c)   Such insurance policy shall first be inspected and approved by the city attorney before a certificate shall be issued. Such insurance shall be kept in force at all times while the certificate is in force, and failure to carry such insurance renders the certificate void.

(Ord. 3183, § 1(8-412), 5-28-96; Code 2016, Sec. 102-60)

All certificates of identification shall be valid until December 31 of each year and may be renewed without a new application upon payment of a fee in an amount established in the city’s fee resolution, provided that if, in the opinion of the chief of police, more recent information is needed for proper identification, a new application shall be required.

(Ord. 3183, § 1(8-404), 5-28-96; Code 2016, Sec. 102-61)

Such certificate of identification shall be conspicuously displayed in such a manner that the entire certificate of identification is visible from the rear seat of the taxicab which the driver is operating, and the only certificate of identification so displayed shall be the one belonging to the driver on duty at that time. Such certificate of identification shall be enclosed in a frame with glass or other transparent front so that the certificate may be clearly discernible to and easily read by a passenger in the rear seat. No driver shall operate a taxicab unless such driver shall have the driver’s certificate of identification displayed as required in this section, and the driver shall be responsible for keeping the certificate of identification in good condition so as to be legible at all times.

(Ord. 3183, § 1(8-405), 5-28-96; Code 2016, Sec. 102-62)

The governing body may revoke any certificate granted by it upon the terms of this article, or any violation of the terms of this article, but before any such certificate is revoked the certificate holder shall have been given at least seven days’ notice in writing of the governing body’s intention to revoke the certificate. During this seven-day period, the certificate holder may request in writing a hearing before the governing body, and if such request is filed with the city clerk before the expiration of the seven-day period, the governing body shall fix a time and place for such a hearing. At this hearing the certificate holder may produce evidence to show why the certificate should not be revoked, and after the hearing, the governing body shall notify the certificate holder of its decision relative to revocation of the certificate. In case of revocation of the certificate, no new certificate shall be issued to such person or in such person’s behalf, for a period of one year from the date of such revocation.

(Ord. 3183, § 1(8-409), 5-28-96; Code 2016, Sec. 102-63)

Each group of individual certificate holders operating under a single tradename shall designate one person as the responsible party for the operation of all of the taxicabs operating under such tradename, provided that written evidence of such designation, together with acceptance of such responsibility by such party so designated, shall be placed on file in the office of the city clerk immediately upon the issuance of certificates under this article, and no change in such designation shall thereafter be made without having first filed notification of intention of such change in the office of the city clerk 30 days prior to such change.

(Ord. 3183, § 1(8-410), 5-28-96; Code 2016, Sec. 102-64)