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Legislation #: 050748 Introduction Date: 6/16/2005
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER COOPER
Title: Amending Chapter 76, Code of Ordinances, by repealing Sections 76-32, Definitions, 76-73, Number of taxicab permits, 76-75, Fees, 76-191, Required services, and 76-192, Passenger fares, by enacting in lieu thereof new sections of like number and subject matter adjusting fees and requirements for payment.

Legislation History
DateMinutesDescription
6/16/2005 Filed by the Clerk's office
6/16/2005 Referred to Finance Committee
6/22/2005 Do Pass
6/23/2005 Assigned to Third Read Calendar
6/30/2005 Passed

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050748.pdf Authenticated 288K Authenticated
Chapter 76 fact sheet 6-5.xls Fact Sheet 467K Taxicab Code Changes

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ORDINANCE NO. 050748

 

Amending Chapter 76, Code of Ordinances, by repealing Sections 76-32, Definitions, 76-73, Number of taxicab permits, 76-75, Fees, 76-191, Required services, and 76-192, Passenger fares, by enacting in lieu thereof new sections of like number and subject matter adjusting fees and requirements for payment.

 

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 76-32, Definitions, 76-73, Number of taxicab permits, 76-75, Fees, 76-191, Required services, and 76-192, Passenger fares, by enacting in lieu thereof new sections of like number and subject matter, to read as follows:

 

Sec. 76-32. Definitions.

 

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:

 

Cruising means a method of soliciting passengers for hire by continuous or repeated operation of any taxicab or other vehicle along a street or other public way for the purpose of obtaining or picking up passengers.

 

Department means the neighborhood and community services department of the city.

 

Director means the director of neighborhood and community services or an authorized representative.

 

Driver's certificate means evidence of authorization to operate vehicles in the services authorized under this article.

 

Group riding means an arrangement between individuals whereby they pool their private transportation resources, either by using the personal automobile of one member of the group with the others contributing to the cost of operating such automobile, or by rotating the use of their personal automobiles with joint contributions to the cost by the other members of the group, or when any employer provides transportation for his employees, and for none other, for a charge. The term "group riding" shall not be deemed to include the operation of a taxicab, jitney or other vehicles for hire, or the commercial transportation of persons by public or private conveyances, whether on regular routes or special trips, between different localities or otherwise; and all such taxicab, jitney or other commercial operations shall continue to be subject to the existing ordinances applicable thereto.

 

Jitney means any automobile, motor bus or other self-propelled or human propelled vehicle run, driven or operated upon or along any street, between definite or substantially fixed points or terminals or along a definite or substantially fixed route, whether entirely within the city or partly within and partly without the city, and carrying passengers for compensation, or furnishing passengers transportation for compensation upon or along the streets, from, to and between definite or substantially fixed localities or districts, whether such compensation is payable per trip, weekly, periodically or otherwise, directly or indirectly.

 

Judgment means a final judgment by a court of competent jurisdiction of any state or of the United States, upon a claim for relief for damages, including damages for care and loss of services because of bodily injury to or death of any persons, or for damages because of injury to or destruction of property, including the loss of use thereof, or upon a claim for relief on any agreement or settlement for such damages arising out of the ownership, maintenance or use of any and all motor vehicles operated pursuant to the taxicab permit issued by the city.

 

Livery vehicle means a public six-passenger or less motor vehicle with driver included, for hire only by written agreement for exclusive use at a charge fixed in advance.

 

Motor bus means a motor vehicle designed and constructed for the general transportation of passengers for hire and possessing a manufacturer's rated seating capacity for ten or more passengers.

 

Person means an individual, firm, corporation, association, partnership, or cooperative unless the context requires a contrary interpretation.

 

Permit means an official document issued by the finance department authorizing operation of a licensed taxicab, livery vehicle or sightseeing vehicle on the streets of the city.

 

Permit holder means the person to whom a permit has been issued.

 

Public way means any street and any public or private driveway or parking area open to the public.

 

Radio dispatch means a two-way radio system including cellular or wireless telephones capable of handling voice and/or data communications for the purpose of dispatching vehicles and receiving calls from the drivers of such vehicles.

 

Rate card means a card issued by the director for display in each taxicab, which contains the rate of fare then in force.

 

Shared ride means a nonexclusive use of a taxicab by two or more unrelated passengers having either a common point of origin or a common destination point, but traveling in the same general direction.

 

Sightseeing vehicle means a public passenger vehicle with driver furnished, for hire on regularly routed sightseeing tours, at a charge or fare per passenger or per hour fixed by agreement in advance, provided further that such sightseeing vehicles are:

 

(1)     Not to be used for point-to-point transportation of passengers or goods;

 

(2)     To be returned to a regular place of garage or point of origin of the regularly scheduled tour between hires; and

 

(3)     Not to cruise in search of patronage.

 

Taxicab means a public passenger motor vehicle with a passenger carrying capacity of six or less with driver, furnished for hire on a call or demand basis to transport persons, packages or messages, where the route traveled and trip destination are controlled by the passenger, and at a charge or fare based upon time and mileage and recorded and indicated on a taximeter.

 

Taxicab company means an individual, firm, corporation, association, partnership, or cooperative that owns, controls and operates a taxicab service utilizing taxicab permits of which it is the holder.

 

Taximeter means a meter instrument or device attached to a taxicab, which measures the distance driven and the waiting time upon which the fare is based.

 

Sec. 76-73. Number of taxicab permits.

 

(a)     The total number of permits for the operation of taxicabs shall be reduced from a limit of 600 to 500 and no person may directly or indirectly control more than 60 percent of the total outstanding permits. In order to reduce the number of permits, any permit surrendered or forfeited shall not be reissued by the director until the total number of permits does not exceed 500 permits.. Each permit holder must have at least 70 percent of the permitted vehicles in operational condition as required by this code at all times.

 

(b)     All new applicants to operate taxicabs must permit at least ten vehicles.

 

(c)     If the total number of permits issued at the time this chapter becomes effective exceeds the number authorized, those permits, if they meet all other requirements, shall be entitled to renewal on an annual basis. If a permit is not renewed or ceases to fulfill all other requirements of this chapter and is thereafter terminated or canceled or expires, then an application for a new permit shall be required and the provisions herein limiting the number of permits shall apply.

 

(d)     The director may establish a waiting list of qualified applicants as an unbiased process to issue available permits.

 


Sec. 76-75. Fees.

 

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 $200.00 for each taxicab and an annual permit fee of $200.00 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 license fee is not subject to proration and shall be in addition to any motor vehicle license tax imposed by the city. A permit replacement fee of $8.00 shall be paid for each replacement permit. The annual permit fee for each taxicab will increase to $240.00 once the limit of a total number of 500 permits for the operation of taxicabs is accomplished.

 

Sec. 76-191. Required services.

 

(a)     Holders of taxicab permits issued under this article are required to offer, and to provide upon demand, citywide taxicab services, 24 hours per day, and seven days per week. Each taxicab permit holder must have one business telephone number that must be accessible 24 hours a day, seven days per week. Such taxicab services shall include the transportation of passengers, messages and packages. In the case of packages, the driver shall have the right to view the contents of a package he/she finds questionable.

 

(b)     All such holders of taxicab permits shall render an overall service to the public desiring to use taxicabs. They shall maintain a central non-residential place of business with operating hours from 6:00 a.m. to 6:00 p.m. Monday thru Sunday. During non-operating hours, the holder of a taxicab permit and/or his/her agent shall arrive at the central non-residential location within 30 minutes upon notification of a request for services. They shall answer all calls received by them for services within the city, within 30 minutes of receiving such call and, if services cannot be rendered within such time, they shall then notify the prospective customer as to how long it will be before the call can be answered and give the reason why. In cases where a number of permit holders are grouped in an association operating under a common color scheme, it shall not be necessary that every taxicab belonging to members of that association be in service 24 hours a day so long as the association provides adequate overall service.

 

(c)     No driver of a taxicab shall willfully refuse, without cause, to:

 

(1)     Accept a passenger for transportation from any area of trip origin to any area of trip destination within the city; or

 

(2)     Respond to a request for passenger service transmitted to such driver through the taxicab dispatch system.

 

(3)     Accept guide dogs used by a passenger requesting transportation.

 

Sec. 76-192. Passenger fares.

 

(a)     Use of meter required. While in service as a taxicab, each vehicle shall be operated with its meter engaged.

 

(b)     Fares. The passenger fares for taxicab service shall be meter-based as established herein and in accordance with the following standards:

 

(1)     Initial drop. The meter charge recorded on the meter at the start of the trip.

 

(2)     Mileage charge. A charge for each 1/10 portion of a mile.

 

(3)     Waiting time. A charge for each increment of waiting time. The term "waiting time," as used in this subsection, means the time when the taxicab is not in motion from the time of acceptance to the time of discharge of a passenger, but does not include any time the taxicab is not in motion, if due to any other cause than the request, act or fault of the passenger. The first three minutes elapsing prior to the arrival of a passenger at the beginning of a trip shall not be included in computing waiting time, and in no event shall any time be included as waiting time for any period prior to the time fixed for the arrival of the taxicab by the prospective passenger when calling for a cab.

 

(4)     Traffic delay time. A charge for each increment of delay time. The term "traffic delay time," as used in this subsection, shall be that time as set and determined by the taximeter, provided no traffic delay time shall accrue on the taximeter unless the taxicab is stopped in traffic or proceeding at a speed of less than ten miles per hour.

 

(5)     Airport fee. A charge to off-set the airport trip fee.

 

(6)     Fare rate. The meter-based rate of fare shall be $2.20 initial drop fee; $1.70 per mile, waiting time/traffic delay time based on each 15 seconds or fraction thereof $0.17 and an additional charge of $0.50 per trip for each passenger over two passengers.

 

_____________________________________________________

 

Approved as to form and legality

 

 

___________________________

Kathy K. Adams

Assistant City Attorney