COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 110027, AS AMENDED

Amending Chapter 76, Code of Ordinances, by repealing Sections 76-44, Penalty for operation of jitney, and 76-75, Fees, and enacting new sections that raise the minimum fine on a vehicle found to be operating as a jitney within the city limits of the City of Kansas City, Missouri and to increase the annual permit fee to operate a taxicab, livery or sightseeing vehicle upon the streets of Kansas City Missouri for the purpose of providing more enforcement throughout the City; and directing the City Manager to submit a report to the Council as provided in this ordinance.

WHEREAS, there has been an increase in the reported number of violations and the actual number of violations with the sightseeing vehicles operating on the Plaza; and

WHEREAS, there are taxicabs and livery vehicles (limousines) operating illegally at Kansas City International Airport and the illegal operation potentially places citizens and visitors at risk and has an adverse economic impact on the permitted taxicab and livery vehicles that are properly permitted; and

WHEREAS, there is a high number of illegal taxicab vehicles operating in Kansas City, Missouri; and

WHEREAS, citizens and visitors that use the services of taxicab vehicles in Kansas City, Missouri may be putting themselves at risk by riding in unpermitted taxicab vehicles that have not been inspected for safety and fare accuracy and whose drivers have not undergone a background check; and

WHEREAS, on October 7, 2010, the City Council passed resolution 100832 which directed the City Manager to form a task force led by Regulated Industries and assisted by the Aviation Department to review the enforcement strategies currently in place to combat illegal taxicab and livery vehicles from operating within the city and make recommendations on how best to improve their effectiveness; and

WHEREAS, the task force found that permitted taxicab vehicles are not reporting to the staging area at Kansas City International Airport and cruise the terminals to solicit fares in violation of city ordinance; livery vehicles are staging at the curb of Kansas City International Airport, entering the terminal and soliciting fares which is in violation of city ordinance; unpermitted taxicabs are regularly operating at Kansas City International Airport and throughout Kansas City especially during major sporting events, concerts, festivals and other major events; the fine structure for operating an illegal taxicab does not serve as a sufficient deterrent to those who choose to operate illegally; Regulated Industries, Kansas City International Airport Police and the Kansas City Police Department do not dedicate enough resources to effectively address the operation of illegal taxicabs and fare theft; and

WHEREAS, Regulated Industries currently does not have adequate staff to proactively target and investigate illegal taxicab, livery and sightseeing operations in Kansas City, Missouri, the additional revenue generated by the increase in annual permit fees will be used to hire investigative staff to focus enforcement efforts to reduce such illegal activity; NOW, THEREFORE,

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 76, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Sections 76-44, Penalty for operation of jitney, and 76-75, Fees, and enacting in lieu thereof new sections of like number and subject matter, to read as follows:

Sec. 76-44.  Penalty for operation of jitney.

Any person who shall violate any of the provisions of section 76-43 shall be deemed guilty of an ordinance violation, and upon conviction thereof shall be punished by a fine of not less than $250.00 and not more than $500.00 for each and every offense, and the person guilty of any such violation shall be deemed guilty of a separate and distinct offense for each jitney for each and every day during which such violation shall continue.

Sec. 76-75.  Fees.

For one year from the effective date of this ordinance, no permit holder shall operate any taxicab, livery vehicle or sightseeing vehicle upon the streets of the city until there has been paid an annual permit fee of $300.00 for each taxicab and an annual permit fee of $300.00 for each livery vehicle or sightseeing vehicle and the occupation license fee for such privilege in the amount set forth in section 40-156. Such permit fee is not subject to proration and shall be in addition to any motor vehicle license tax imposed by the city. Upon the expiration of this first year, the annual permit fee shall be $200.00, unless otherwise provided by Council after considering the report of the City Manager. A permit replacement fee of $8.00 shall be paid for each replacement permit.

Section 2. That the City Manager is directed to submit a report to the Council six months after the effective date of this ordinance detailing the enforcement efforts by Regulated Industries and any recommendations for improvement based on the City’s experience.

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Approved as to form and legality:

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Kathy Adams

Assistant City Attorney