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Legislation #: 060426 Introduction Date: 4/13/2006
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBER FAIRFIELD
Title: Amending Chapter 76, Code of Ordinances, by repealing Section 76-203, Driver's conduct, 76-235, Driver's certificate and 76-241, Sightseeing vehicle operations, and enacting, in lieu thereof, three new section of like number and subject matter to provide for the operation of a horse driven carriage in the area bounded by Interstate 29, N. Congress Avenue, N.W. Barry Road and Missouri Highway 152 and codify city policy.

Legislation History
DateMinutesDescription
4/12/2006 Filed by the Clerk's office
4/13/2006 Referred to Finance and Audit Committee
4/19/2006 Advance and Do Pass as a Committee Substitute, Debate
4/20/2006 Passed as Substituted

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060426.pdf Authenticated 725K Authenticated
060426 Fact Sheet.pdf Fact Sheet 131K Fact Sheet

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 060426

 

Amending Chapter 76, Code of Ordinances, by repealing Section 76-203, Driver's conduct, 76-235, Driver's certificate and 76-241, Sightseeing vehicle operations, and enacting, in lieu thereof, three new section of like number and subject matter to provide for the operation of a horse driven carriage in the area bounded by Interstate 29, N. Congress Avenue, N.W. Barry Road and Missouri Highway 152 and codify city policy.

 

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, Section 76-203, Drivers conduct, 76-235, Drivers certificate and 76-241, Sightseeing vehicle operations, and enacting, in lieu thereof, new sections of like numbers 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.

 

Taxicab stand means a place designated only for taxicabs to await passenger pick-up where the drive 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.

 

76-203. Driver's conduct.

 

It shall be a violation of this code for any driver of a taxicab to solicit business for any hotel, or to attempt to divert patronage from one hotel to another. Such driver shall not engage in selling intoxicating liquor or solicit or participate in any immoral purpose or illegal act or use the vehicle for any purpose other than the transporting of passengers, messages or packages. Whenever a taxicab is occupying a designated taxicab stand or zone, as defined in section 76-32, the taxicab is considered available for service. Drivers shall not sleep in their vehicles, or play loud music, while their vehicle is occupying a taxicab stand or zone. Drivers shall not permit unauthorized nonpaying passengers to ride in their vehicle. A taxicab driver shall at all times be courteous when dealing with the public. A driver shall in all instances in which it is requested or required assist a passenger to enter the vehicle and to load and unload all luggage, except that a driver shall not be required to lift a passenger or items weighing more than 50 pounds. Every taxicab driver shall operate his or her taxi in accordance with the laws of the state and the city, and with due regard for the safety, convenience and comfort of passengers and the general public. While on duty, taxicab drivers must maintain their personal appearance by being neat and clean in dress and person. The following articles of clothing, when worn as outer garments, are prohibited:

 

(1) Underwear, tank tops, swimwear, jogging suits, body shirts, shorts, cut-offs, trunks, or similar attire;

 

(2) Sandals without socks;

 

(3) Bermuda or post office type shorts may be worn between May 1st and September 30th of each year.

Sec. 76-231. Permit.

  (a) A valid permit shall be displayed, in a manner prescribed by the Director, in every livery and sightseeing vehicle being operated on the streets of the city. It shall be unlawful for anyone to operate a livery or sightseeing service in the city without such a permit.

  (b) Permits for the operation of livery and sightseeing vehicles shall be issued annually and shall expire on December 31 of each year. Permits in good standing on the date of their expiration shall be eligible for renewal. Such permits shall be renewed unless it is shown that grounds exist for the revocation of the permit pursuant to section 76-141(b)(1)A or B. All vehicles for which new or renewed permits are sought must be inspected within the preceding 120 days and found to be in compliance with the requirements of this code before the issuance or renewal of such permits. No permit shall be issued or renewed under this section until the occupation license tax set forth in section 40-156 has been paid.

  (c) Applications for permits and the renewal thereof shall be made in form similar to that provided in section 76-76. Issuance or renewal of permits shall be granted or denied in the same manner as provided in section 76-74.

 Sec. 76-235. Driver's certificate.

No person shall operate or be in control of a livery vehicle or sightseeing vehicle within the city limits unless he has on his person a valid driver's certificate issued by the director in accordance with the procedures and requirements set forth in division 3 of this article for driver's certificates. While operating a livery or sightseeing vehicle, the driver need not display his certificate in the vehicle, but must carry it on his person and display it to anyone on request.

 

Sec. 76-241. Sightseeing vehicle operations.

 

All permit holders of animal-drawn sightseeing vehicles must abide by and comply with the following:

 

(1)    A sightseeing vehicle shall not cruise in search of patronage and shall not be used for point-to-point transportation of passengers or goods. All sightseeing vehicles shall be returned to their regular place or garage or point of origin of the regularly scheduled tour between hires.

 

(2)    The routes or areas of operation and hours thereof of nonmotorized sightseeing vehicles must be approved in advance by the director at least ten days prior to the proposed time and date of operation. All permits issued under this division may be used on all such routes or areas of operation, except that no more than 20 single-horse driven, nonmotorized sightseeing vehicles shall be authorized to operate on routes within the area bounded on 47th Street, Ward Parkway, Jefferson and Nichols Parkway, and except that no more than one (1) horse driven, nonmotorized sightseeing vehicle shall be authorized to operate on routes within the area bounded by Interstate 29, N. Congress Avenue, N.W. Barry Road and Missouri Highway 152, or an area to be later determined and authorized by the city, which authority shall be granted by temporary permit pursuant to section 410 of the City Charter.

 

(3)    Permit holders may operate no more than ten single-animal driven, nonmotorized sightseeing vehicles at any one time on authorized routes except that a permit holder within the area bounded by Interstate 29, N. Congress Avenue, N.W. Barry Road and Missouri Highway 152 may operate only one horse driven nonmotarized sightseeing vehicle at any one time on authorized routes . Permit holders must obtain written authorization from the director to leave established routes on a trip-by-trip basis to accommodate special events. A written request, on a form provided by the department, must be filed with the director at least ten days prior to the event date. In addition to the ten single-animal vehicles allowed for operation under this section, each permit holder may be permitted to operate a team carriage requiring two or more animals to operate during ten, preapproved days of each city fiscal year. In addition to the ten single-animal vehicles allowed for operation under this section, each permit holder may be permitted to operate up to two team carriages requiring two animals to operate during the following dates: the Wednesday, Thursday, Friday, Saturday and Sunday of the Thanksgiving weekend, each Friday, Saturday and Sunday during the month of December; December 24, December 31, and the first Friday, Saturday and Sunday of the month of January.

 

(4)    Only employees of the permit holder shall be allowed to sit in the front seat of the vehicle. No one shall be allowed to ride in the area behind the certified siting area of each carriage.

 

(5)    A driver must maintain control of the horse or horses by securely holding the reins in his or her hand at all times while in operation.

 

(6)    Carriage horses shall not be in operation for more than six hours in any continuous 24-hour period and they shall be rested a minimum of 15 minutes for every two hours worked. Water must be made available at the staging area to each animal after every trip.

 

(7)    Horses shall not be worked when the temperature exceeds 95 degrees Fahrenheit or falls below five degrees Fahrenheit. Horses shall be blanketed when the temperature reaches 20 degrees Fahrenheit or less. The blankets used shall be of waterproof turnout type, of one thousand denier cordura on the outershell, quilted or fleeced and moisture absorbent on the innershell.

 

(8)    Whenever any animal identified under provision of section 76-242(a) dies, its death must be reported in writing to the director within 48 hours. Permit holders shall make the necessary arrangements for an immediate autopsy, including histopathology, of the death animal and shall submit its results to the director.

 

(9)    Any accidents involving the animals or carriages shall be reported in writing to the director on a form provided by the department within ten hours of such accident. Any carriage involved in an accident shall be inspected and approved by the director before it can be placed in service again.

 

(10)           Every permit holder shall furnish the address and location of its stable to the director. The stabling of horses shall comply with all recommendations outlined in the Carriage Operators of North America Rules of Operation and the care provisions of the Animal Control Code of the city.

 

_____________________________________________

 

Approved as to form and legality:

 

 

____________________________

Kathy K. Adams

Assistant City Attorney