COMMITTEE
SUBSTITUTE FOR ORDINANCE NO. 140028, AS AMENDED
Amending Chapter 76 Article II,
Taxicab Code, by enacting five new sections which will allow charitable
non-profit transportation organizations to apply for and receive permits to
operate charitable non-profit transportation vehicles to transport persons
within Kansas City, Missouri without being required to receive a taxicab or
livery permit, revise the definitions and renumber the ordinances; and
directing the City manager to review the program in one year.
WHEREAS, there
is currently a non-profit group that has expressed interest in operating
charitable non-profit transportation vehicles within the city of Kansas City,
Missouri; and
WHEREAS, the
citizens that would most benefit from the charitable non-profit transportation
vehicles are those who are blind or elderly who can no longer operate a
vehicle; and
WHEREAS, the
ordinance currently prohibits the operation of any charitable non-profit
transportation vehicles within the city of Kansas City, Missouri; 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 Section 76-32, Definitions, and enacting in lieu thereof a
new section, 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:
Bicycle
means any device upon which a person may ride, which is propelled by human
power through a system of belts, chains, or gears, and may include an electric
assist motor, and has wheels at least 16 inches in diameter and a frame size of
at least 13 inches.
Charitable
non-profit transportation vehicle means a vehicle for hire that is used by
a local charitable non-profit transportation organization affiliated with a
state or national non-profit charitable organization to solely transport
persons who are 65 years of age or older or visually impaired and their
required personal care attendants or family members.
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.
Darkness
means any time from one-half hour after sunset to one-half hour before sunrise
and any time when visibility is not sufficient to render clearly discernible
any person or vehicle on the highway at a distance of 1,000 feet.
Department
means the neighborhood and housing services department of the city.
Director
means the director of the neighborhood and housing services department 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 not regulated by any local, state or federal authority which is 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.
Multi-passenger
human powered vehicle means a pedicab that is pedal driven by the
passengers while the steering and braking is controlled by the driver.
Pedicab
means a bicycle which is made of a solid frame that has three or more wheels,
that transports or is capable of transporting passengers on seats attached to
the bicycle, that is operated by human power, and that is used for transporting
passengers for hire.
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 neighborhood and housing services
department authorizing operation of a licensed taxicab, livery vehicle,
sightseeing vehicle or pedicab 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.
Software
means the object code versions of any applications, programs, operating
system software, computer software languages, utilities, other computer
programs and related documentation in whatever form or media, including the
tangible media upon which such applications, programs, operating system
software, computer software languages, utilities, other computer programs and
related documentation are recorded or printed, together with all corrections.
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.
Taxicab stand
means a place designated only for taxicabs to await passenger pick-up where the
driver must remain with the vehicle at all times.
Taxicab/livery
zone means a place designated only for taxicabs to await passenger pick-up
or to receive calls for service.
Third-party transportation app means a software application available to users for download onto
a smartphone or other electronic device for vehicle transportation purposes.
Third-party transportation app company means an
individual, firm, corporation, association, partnership, or cooperative that owns, controls and operates a third-party
transportation app.
Vehicle
means any taxicab, livery vehicle, sightseeing vehicle, charitable non-profit
transportation vehicle and pedicab as used in this section.
Section 2. That
Chapter 76, Code of Ordinances of the City of Kansas City, Missouri, is hereby
amended by adding Sections 76-47, Charitable non-profit transportation vehicle,
76-48, Charitable non-profit transportation vehicle driver’s certificate,
76-49, Charitable non-profit transportation insurance requirements, 76-50,
Suspension and revocation of permit and driver’s certificate, and 76-51,
Hearing, to read as follows:
Sec. 76-47. Charitable
non-profit transportation vehicle.
(a)
It shall be unlawful for any
person to operate a charitable non-profit transportation vehicle unless a
charitable non-profit transportation organization, as defined in this chapter,
operating the vehicle shall have first obtained a permit from the director
which shall expire on the last day of the month one year after the date of
issuance. Application for a permit or renewal of a permit shall be made by a
charitable non-profit transportation organization on a form furnished by the
director.
(b) Any local
charitable non-profit transportation organization desiring to operate charitable non-profit
transportation vehicles shall submit the following:
(1)
A written application for a permit or the renewal thereof to the director
which application shall include the full identification of the applicant
including its business and email address;
(2)
The past experience, if any, that the applicant has had in rendering such
service to the public;
(3)
A vehicles in service form, provided by the director, to include the make,
model, vehicle identification number and other information for each charitable
non-profit transportation vehicle;
(4)
Such further information as the director may reasonably require.
Sec. 76-48. Charitable
non-profit transportation vehicle driver’s certificate.
(a) No person shall operate a
charitable non-profit transportation vehicle upon the streets of the city, and
no person who owns or controls such vehicle shall give permission for it to be
so driven, and no vehicle authorized by the city under this article shall be so
driven at any time for hire, unless the driver of the vehicle shall have then
in force a driver's certificate issued under the provisions of this section.
Every person desiring to operate a charitable non-profit transportation vehicle
shall:
(1)
Be 18 years of age or older;
(2)
Be of good moral character;
(3)
Hold an A, B or C license in the
State of Kansas or an A, B or C CDL license or an E license in the State of
Missouri. The applicant shall include the number of the license on the
application for the driver's certificate under this article.
(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 which, if prosecuted pursuant to the
laws of the State of Missouri, would be charged as first degree murder, second
degree murder, first degree arson, first degree assault, forcible rape,
forcible sodomy, kidnaping, 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 for sexual offenses
which, if prosecuted pursuant to the laws of the State of Missouri, would be
charged as 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, or sexual abuse.
(3)
Is now or has ever been required to
register as a sexual offender pursuant to federal law or with any state, county
or local government.
(c)
Investigation. After a complete and fully executed application for a driver's
certificate has been filed with the director, the director shall cause the
application to be investigated. The director's request for the criminal
background investigation shall include a review of all criminal records
available including federal, all states, and all counties in the State of
Missouri, including records regarding the registration of persons who have been
found guilty of, pleaded guilty to or been convicted of sexual offenses.
(d)
Fee. The driver's certificate provided for in this section shall not
be issued or renewed until the fee for such certificate shall have been paid. A
non-refundable application fee as determined by the director will be assessed
to the applicant to defray the cost of investigation and the application
process. The application fee shall fully reimburse the City for the costs
associated with the required background check and the issuance of the driver’s
certificate.
(e)
Granting or denial; appeals.
(1)
After completing the investigation,
the director shall determine whether a driver's certificate shall be granted to
the applicant. Such certificate shall bear the genuine signature of the
applicant.
(2)
The director's grant or denial of an
application for a driver's certificate or the renewal thereof shall be based on
information provided in the application as well as any report submitted by an
investigator, the police department or from the results of the background
investigation. In addition to the qualifications set forth, the director shall
consider any cause that may exist for suspension or revocation under section
76-50 in his determination on the renewal of a driver's certificate. Within ten
days after issuance of notice by the director of his intention to deny such
application, the applicant may submit a written request for a hearing, which
shall be held in accordance with section 76-51. Appeal of the director's
decision following a hearing shall be effected pursuant to section 76-78.
(f) Expiration. All
driver’s certificates shall expire on the last day of the month three years
after the date of issuance. A driver's certificate may be renewed by the
director upon written application on the form provided by the director.
(g) Certificate. An
appropriate certificate shall be furnished to each driver by the director,
showing his certificate number and the year for which the certificate is
issued. Every charitable non-profit transportation vehicle driver, while on
duty as such, shall continuously wear such certificate on the outside of his
shirt or coat in such manner as to make such certificate easily seen.
Sec. 76-49. Charitable
non-profit transportation insurance requirements.
(a) It shall be unlawful for
a charitable non-profit transportation organization, as defined in this
chapter, to transport persons unless the organization has procured and
maintains a Commercial General Liability insurance policy in the amount of not
less than $1,000,000.00 per occurrence, a Commercial Automobile Liability
Insurance Policy in the amount of not less than $1,000,000.00 covering owned,
hired, and non-owned vehicles on an “each accident” basis and a physical and
sexual abuse policy for $1,000,000.00 in addition to all other requirements set
forth in this code.
(b) All insurance
coverage must be written by companies that have A.M. Best's rating of B+V or
better, and are licensed or approved by the state to do business in the state.
The liability insurance required to be maintained under the provisions of this
section shall be a policy under which the insurance company obligates itself to
handle claims under the coverage thereof and to indemnify the charitable
non-profit transportation organization and the driver or operator of the
vehicle, and pay to the claimant all amounts which the insured becomes legally
obligated to pay under the policy, in excess of any applicable deductible which
shall not exceed $500.00. A certificate of insurance reflecting all
endorsements shall be filed with the director, who shall have the authority to
require a true copy of the insurance policy at his discretion.
(1)
The
liability insurance policy shall contain a provision for continuing liability
thereunder to the full amount thereof, notwithstanding any recovery thereon.
(2) The liability insurance policy
shall contain a separate endorsement requiring the insurance company to notify
the director in writing of any change in coverage, or cancellation of the
policy, at least ten days prior thereto.
(3)
Proof of automobile liability insurance in conformance with state law
for each charitable non-profit transportation vehicle and a valid certificate of
insurance issued by a company providing the insurance coverage required by this
section shall be available for inspection at the charitable non-profit
transportation organization’s principal place of business. The certificate
shall include all of the following:
i.
The full name of
the insurer;
ii.
The name and
address of the insured;
iii.
The insurance
policy number;
iv.
The type and
limits of coverage;
v.
The effective
dates of the insurance policy; and
vi.
The certificate
issue date.
(c) Unlawful
claims handling practices. It shall be unlawful for a charitable non-profit transportation
organization under this article, or anyone acting on its behalf, to fail to act
at all times in good faith in dealing with claimants or to commit or perform
any of the following in handling of claims:
(1) Fail to present to claimants, and those alleging injury or loss at
the scene of an accident, at the earliest possible opportunity, a form approved
by the director providing information about assistance in filing a claim;
(2)
Misrepresent
or fail to or refuse to disclose the public liability protection provided by
the charitable non-profit transportation organization pursuant to the
requirements of this section.
(3)
Fail to
promptly acknowledge all written and oral communications with respect to
claims; and
(4)
Fail to
adopt and implement standards for the prompt investigation of claims.
(d) Claim records. The charitable non-profit
transportation organization shall maintain records of all claims for bodily
injury or property damage, which shall include:
(1)
The name
and address of the claimant
(2)
The date
the organization was notified of the claim;
(3)
The date
of the incident giving rise to the claim;
(4)
The
location of the incident;
(5) The current status of the
claim.
Such records shall be made available for inspection by the
director or his representative during regular business hours in the office of
the charitable non-profit transportation organization for a period of one year
after final disposition of each claim.
Sec. 76-50. Suspension
and revocation of permit and driver’s certificate.
(a) Suspension. The director
may suspend the permit or driver’s certificate issued under this article for a
period not to exceed 90 days if, following a hearing held in accordance with
section 76-51, he finds that:
(1)
A permit holder or the holder of a
driver's certificate issued under this article has violated any provision of
this code or any regulation properly issued by the director; or
(2)
A permit holder under this article
has failed to satisfy, within 30 days, any final judgment upon which execution
has been lawfully issued against such person for damages on account of bodily
injury, including death, or damage to property resulting from the ownership,
maintenance, use or operation of any charitable non-profit transportation
vehicle; or
(3)
A permit holder under this article
has employed or permitted an agent or employee to hire or employ or contract
with any person not holding a valid driver's certificate issued under the
provisions of this code and has permitted such person to operate a charitable
non-profit transportation vehicle for hire upon the streets of the city; or
(4)
The holder of a driver's certificate
issued under this article has been convicted of a violation of any municipal
ordinance or state law prohibiting hit and run, driving under the influence of
alcoholic beverages or drugs or reckless or careless driving, or of any offense
whereby his or her acts or omissions caused bodily injury to his or her
passengers or the public in the operation of a vehicle pursuant to this code.
(b) Revocation. The director
may revoke the permit or the driver’s certificate of the permit or certificate
holder if, following a hearing held in accordance with section 76-51, he finds
that:
(1)
A permit holder or the holder of a
driver's certificate issued under this article has committed three or more acts
constituting grounds for suspension in accordance with subsections (a)(1)
through (4) of this section within a 12-month period or has operated or allowed
another to operate under his or her suspended permit or certificate; or
(2)
A driver's certificate or one or more
permits were obtained by misrepresentation or fraud, including knowingly
providing false information concerning matters covered in section 76-48 on the
application therefor; or
(3)
The holder of a driver's certificate
issued under this article has been convicted of committing a felony or any
crime against a passenger of a vehicle operated pursuant to this code.
(c) Issuance of a new permit or
driver’s certificate after suspension or revocation. No new permit or
driver’s certificate will be issued to a permit or certificate holder while his
permit or driver’s certificate is under suspension. No new permit or driver’s
certificate will be issued to a permit or certificate holder for a 12-month
period following revocation of his permit or driver’s certificate.
Sec. 76-51. Hearing.
(a) Whenever the director has
knowledge of any action or condition which would constitute grounds for the
suspension or revocation of any permit or driver’s certificate issued under
this article, or other reasonable cause to believe such grounds exist, he shall
hold a hearing to ascertain all facts in the matter and determine whether or
not the subject permit or driver’s certificate should be suspended or revoked.
Not less than ten days prior written notice shall be served on the person
holding such permit or driver’s certificate by personal service or mailed by
certified or registered mail to him at his last known business or residence
address, setting out the reason for the hearing and the conditions under which
the hearing will be held. The permit or driver’s certificate holder shall have
full right to be represented by counsel, to produce witnesses, and to cross
examine all witnesses who may appear against him. All procedures in such
hearings shall be recorded stenographically, mechanically or electronically or
by a combination thereof and shall be transcribed at the expense of the party
requesting the transcription. Subpoenas shall be issued by the director for any
witness whose presence is desired at any hearing or proceeding before the
director to suspend or revoke a permit or certificate, and such subpoenas may
be served by any member of the city police department or any holder of a
special officer's commission issued by the board of police commissioners. Such
subpoenas shall be served and return thereon shall be made in the same manner
provided by law in civil suits in the circuit court of this state.
(b) Witnesses may also appear
voluntarily at such hearings and testify. Before any witness shall testify in
any such hearing, he shall be sworn by the director to tell the truth and
nothing but the truth. The director's decision and order shall be in writing
and shall include, if so requested, findings of fact and conclusions of law. No
suspension or revocation ordered by the director following a hearing in
accordance with this section shall become effective until ten days after the
order has been issued. Appeal of the director's decision can be pursued in accordance
with the provisions of section 76-78.
Section 3. That the City
Manager is directed to review the charitable non-profit transportation
permitting program authorized by this Ordinance one year from the effective
date, and report findings of the review to the City Council. Such review shall
include consultation with known interested parties, including taxi cab
companies and charitable non-profit transportation organizations operating in
the City.
_____________________________________________
Approved
as to form and legality:
_______________________________
Kathy
Adams
Assistant
City Attorney