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Legislation #: 190106 Introduction Date: 2/7/2019
Type: Ordinance Effective Date: none
Sponsor: None
Title: Amending Chapter 76, Article II, Vehicles for Hire Code, to conform with state license requirements by repealing Sections 76-102 and 76-103, and enacting in lieu thereof new sections.

Legislation History
DateMinutesDescription
2/4/2019 Filed by the Clerk's office
2/7/2019 Referred to Transportation & Infrastructure Committee
2/14/2019 Advance and Do Pass, Debate
2/14/2019 Passed

View Attachments
FileTypeSizeDescription
190106.pdf Authenticated 545K Ordainance
190106com.docx Compared Version 24K compared version
76-102 76-103 - F license allowed for taxicabs - 1-29-2019.doc Fact Sheet 42K Amendment to Sections 76-102 & 76-103

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ORDINANCE NO. 190106

 

Amending Chapter 76, Article II, Vehicles for Hire Code, to conform with state license requirements by repealing Sections 76-102 and 76-103, and enacting in lieu thereof new sections.

 

WHEREAS, the City wishes to conform its ordinances to reflect the provisions of that state law; NOW, THEREFORE,

 

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 76, Article II, Vehicles for Hire Code, is hereby amended by amending Sections 76-102 and 76-103, with said repealed sections to be replaced by new sections of like number and subject matter, to read as follows:

 

Sec. 76-102. Application.

 

(a) Filing. Before any vehicle permit holder or person shall operate a taxicab, livery vehicle, sightseeing vehicle, or pedicab on the streets of the city, the following information shall be filed with the director:

 

(1) License Requirements.

 

(i)                 Taxicab vehicles. The taxicab vehicle operator's full name and all previous names; all addresses where the taxicab vehicle operator has permanently or temporarily resided for the previous five years; social security number; gender; age; weight; height; hair color; eye color; date of birth; place of birth; email address; telephone number; whether the taxicab vehicle operator is a citizen of the United States; whether the taxicab vehicle operator has previously been a vehicle operator in the City of Kansas City, Missouri; a color copy of the taxicab vehicle operator's A, B, or C, CDL license in the State of Kansas or an A, B, C, CDL license or an E, F license in the State of Missouri; a copy of the vehicle for hire operator's state operating record; whether the vehicle for hire operator has ever had a driver's certificate suspended or revoked or if they have ever been temporarily or permanently banned from operating a vehicle for hire by any city, state, county or other local government and the reasons therefore;

 

(ii) All other vehicles for hire. The vehicle for hire operator's full name and all previous names; all addresses where the vehicle for hire operator has permanently or temporarily resided for the previous five years; social security number; gender; age; weight; height; hair color; eye color; date of birth; place of birth; email address; telephone number; whether the vehicle for hire operator is a citizen of the United States; whether the vehicle for hire operator has previously been a vehicle operator in the City of Kansas City, Missouri; a color copy of the vehicle for hire operator's A, B, or C,CDL license in the State of Kansas or an A, B, C, CDL license or an E license in the State of Missouri; a copy of the vehicle for hire operator's state operating record; whether the vehicle for hire operator has ever had a driver's certificate suspended or revoked or if they have ever been temporarily or permanently banned from operating a vehicle for hire by any city, state, county or other local government and the reasons therefore;

 

(2) A list of all traffic violations in any state for the previous five years; whether the vehicle for hire operator has ever been sentenced to a penal institution; whether the vehicle for hire operator is currently under probation or parole and if so the expiration date; whether the vehicle for hire operator has ever been found guilty of, pleaded guilty to or been convicted of any violation (federal, any state or any city) that involves any alcohol or drug offense; whether the vehicle for hire operator has ever been found guilty of, pleaded guilty to or been convicted of any violation (federal, any state or any city) while driving any vehicle, including a taxicab or any other vehicle defined under the vehicles for hire code;

 

(3) Whether the vehicle for hire operator has ever been found guilty of, pleaded guilty to or been convicted of any violation (federal, any state or any city) murder, arson, assault, forcible rape, forcible sodomy, kidnapping, robbery, voluntary manslaughter, assault of a law enforcement officer, sexual offenses (including child molestation, sexual misconduct, and sexual abuse), possession of controlled substances or illegal drugs or narcotics, burglary, stealing, extortion, bribery, prostitution, weapons offense, crime of violence, indecent exposure, violations of state or city traffic laws and regulations involving injury or death, leaving the scene of a motor vehicle accident, driving under the influence of alcohol or drugs, and operating a motor vehicle with defective equipment;

 

(4) Whether the vehicle for hire operator is now or has ever been registered as a sexual offender with any state, county or local government;

 

(5) An application submitted from the vehicle for hire operator to the director for a criminal background investigation to be conducted as outlined in section 76-104 of this division;

 

(6) The name of the vehicle for hire company for which the vehicle for hire operator will be providing service;

 

(7) A description of the vehicle for hire operator will be driving while in service to include the vehicle owners name; vehicle fleet number, vehicle permit number; vehicle state license plate information to include the state license number and expiration; and vehicle description to include the make, year, and vehicle identification number.

 

(b) Application form. The application for a driver's certificate shall be made upon a form to be provided by the director and shall request not less than the information specified in this section and such other information as may be deemed proper by the director.

 

(c) Documents submitted with application form. No application for a driver's certificate to drive horse-drawn sightseeing vehicles shall be complete unless the applicant submits a vehicle permit holder's written certification that the applicant is qualified and able to safely drive horse-drawn vehicles under urban street traffic conditions.

 

Sec. 76-103. Qualifications of applicant.

 

(a)    Every applicant for a driver's certificate under this division shall:

 

(1) Be 18 years of age or older and be of good moral character.

 

(2) Be of sound physique, have good eyesight and hearing and not subject to epilepsy, vertigo, heart trouble or any other infirmity of mind or body which might render him unfit to drive and operate a taxicab, livery vehicle, sightseeing vehicle, or pedicab safely on the streets of the city.

 

(3) Be able to read, write, speak and understand the English language.

 

(4) Be clean and neat in dress and person, and not addicted to the use of intoxicating liquor or drugs.

 

(5) Hold the required driver’s license in the State of Kansas or Missouri as outlined in Section 76-102(a)(1).

 

(b) A driver's certificate shall not be issued to any person who:

 

(1) Has been found guilty of, pleaded guilty to or been convicted of a felony (federal or any state) for first degree murder, second degree murder, first degree arson, first degree assault, forcible rape, forcible sodomy, kidnapping, first degree robbery, voluntary manslaughter, or first degree assault of a law enforcement officer.

 

(2) Has been found guilty of, pleaded guilty to or been convicted of a felony or misdemeanor (federal or any state) for sexual offenses including but not limited to first degree child molestation, second degree child molestation, sexual misconduct involving a child, first degree sexual misconduct, second degree sexual misconduct, third degree sexual misconduct, and sexual abuse.

 

(3) Is now or has ever been registered as a sexual offender with any state, county or local government.

 

(4) Within five years of the date of application has been found guilty of, pleaded guilty to or been convicted of a felony or misdemeanor or, if information available, has been released from confinement for or completed probation or parole for a felony or misdemeanor conviction within one year of the date of application involving drugs or narcotics, robbery (other than first degree robbery), burglary, stealing, extortion, bribery, prostitution, any weapons offense, or crime of violence other than those set forth in (b)(1) and (2).

 

(5) Has been found guilty of, pleaded guilty to or been convicted of an ordinance violation or, if information is available, has been released from confinement for an ordinance conviction, whichever event is later, within two years where such finding of guilt, plea of guilt or ordinance conviction for indecent exposure, prostitution, stealing, or possession of controlled substances or illegal drugs or narcotics.

 

(6) Within five years of the date of application has been found guilty of, pleaded guilty to or been convicted of a violation of a state traffic law or a traffic ordinance of any city involving leaving the scene of a motor vehicle accident or driving under the influence of alcohol or drugs during which a person was injured or died.

 

(7) Within three years of the date of application has been found guilty of, pleaded guilty to or been convicted of a violation of state law or a traffic ordinance of any city involving leaving the scene of a motor vehicle accident or driving under the influence of alcohol or drugs, but not involving injury or death.

 

(8) Applies for a driver's certificate and has been found guilty of, pleaded guilty to or been convicted of more than four moving traffic violations including operating a defective vehicle within three years of the date of application, or has been found guilty of, pleaded guilty to or been convicted of more than two moving traffic violations including operating a defective vehicle within one year of the date of application.

 

(9) Applies for a renewal of a driver's certificate and has been found guilty of, pleaded guilty to or been convicted of more than five moving traffic violations including operating a defective vehicle within three years of the date of the renewal application and has been found guilty of, pleaded guilty to or been convicted of more than two moving traffic violations including operating a defective vehicle with any state, county or local government within one year of the date of the renewal application.

 

_____________________________________________

 

Approved as to form and legality:

 

 

___________________________________

Martha Means

Assistant City Attorney