Taxi Bylaw

Leduc, Alberta

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Date of Consolidation: January 20, 2014 Consolidation of Bylaw No. 782-2011 CITY OF LEDUC TAXI BYLAW Adopted May 13, 2013 As Amended By: Bylaw 838-2013 adopted October 15, 2013 This Consolidation is not an Official Bylaw. It is prepared by the City Clerk's Office for assistance only. Copies of the Official Bylaw(s) may be purchased from the City Clerk's Office. This Consolidated Bylaw was authorized pursuant to Bylaw No. 389-97. Bylaw No. 782-2011 TAXI BYLAW PAGE 1 Code 00/00 A BYLAW OF THE CITY OF LEDUC IN THE PROVINCE OF ALBERTA, TO ESTABLISH A SYSTEM OF LICENSING AND REGULATION OF TAXIS IN THE CITY OF LEDUC WHEREAS Part 2 of the Municipal Government Act grants a municipality the authority to pass bylaws for the licensing, regulating and controlling of businesses. THEREFORE, the Council of the City of Leduc, in the Province of Alberta duly assembled, hereby enacts as follows: PART 1 BYLAW TITLE 1.1 This bylaw may be referred to as the Taxi Bylaw. PART 2 DEFINITIONS 2.1 In this Bylaw, unless the context otherwise requires: (a) "City" means the City of Leduc; (b) "City Manager" means the chief administrative officer of the City or his delegate; (c) "drive" or "driving" when used in relation to a Motor Vehicle means to drive or to have care or control of the vehicle; (d) "Fees and Charges Bylaw" means Bylaw 712-2008, the Fees and Charges Bylaw or any successor or replacement bylaw; (e) "Motor Vehicle" has the same meaning as in the Traffic Safety Act; (f) "Municipal Tag" means a ticket alleging an offense issued pursuant to the authority of a bylaw of the City; (g) "Owner" when used in relation to a Motor Vehicle means any person named as an owner or as a lessee on the provincial vehicle registration certificate; (h) "Peace Officer" means a police officer employed by the Royal Canadian Mounted Police or a municipal enforcement officer employed by the City and authorized to enforce this Bylaw; (i) "Permit" includes a Taxi Vehicle Permit and a Taxi Operation Permit; (j) "Permit Holder" means a person named on a Permit; (k) "Taxi" means a Motor Vehicle used or offered for the transportation of at least one passenger in return for a fee from any place within the City to a destination either within or outside of the City; Bylaw No. 782-2011 TAXI BYLAW PAGE 2 Code 00/00 (l) Taxi Vehicle Permit" means a Permit issued pursuant to Part 4 of this Bylaw; (m) "Taxi Operation" means a person providing dispatch services to a Taxi; (n) "Taxi Operation Permit" means a Permit issued pursuant to Part 5 of this Bylaw; (o) "Valid" when used in relation to a document or a Permit means that at the relevant time the document or Permit is current and is not expired, suspended or cancelled; (p) "Violation Ticket" has the same meaning as in the Provincial Offences Procedure Act; PART 3 TAXI OPERATION 3.1 Taxi Vehicle Permit Required (1) A person shall not drive, cause or permit the driving of a Taxi unless a Valid Taxi Vehicle Permit is clearly displayed on the vehicle. (2) A person shall not drive, cause or permit the driving of a Taxi unless the Taxi Vehicle Permit displayed on the vehicle was issued for use on that vehicle; (3) A person shall not drive, cause or permit the driving of a Taxi contrary to any restriction or condition placed on the Taxi Vehicle Permit for the Taxi. 3.2 Taxi Driver Obligations (1) A person driving a Taxi shall: (a) display the rates to be charged by the Taxi in the manner prescribed by the City Manager; (b) display an identification card, in the manner prescribed by the City Manager and visible to passengers, containing the driver's name and current photograph and phone numbers for both the Taxi Operation and the City for registering complaints; (c) take the most economical route to the passenger's destination unless otherwise requested or directed by the passenger; Bylaw No. 782-2011 TAXI BYLAW PAGE 3 Code 00/00 (d) at the conclusion of each trip of transporting passengers, check the vehicle for any articles of personal property left behind by a passenger and deal with such property in the manner prescribed by the City Manager; (e) be courteous at all times and provide reasonable assistance to any passenger as requested or required in the circumstances; and (f) A person driving a Taxi shall only charge passengers the exact fare based on the rates provided by the Taxi Operation to the City Manager and displayed in the Taxi with no reductions or additions. Deletion and Substitution - Bylaw 838-2013 adopted October 15, 2013. (2) A Permit Holder shall not contravene a condition of a Permit. (3) No person driving a Taxi shall: (a) carry more passengers than the maximum number of available seat belts available for use by passengers; or (b) conduct or allow to be conducted any illegal activities within or from the vehicle. (4) Subject only to the exceptions in this section, a person driving a Taxi shall provide service to any person requesting such service. (5) A person driving a Taxi is entitled to refuse a person as a customer if the customer is: (a) drunk or disorderly; (b) unable to pay for the service; (c) requesting the transportation of passengers or baggage that the vehicle is incapable of transporting; or (d) requesting the transportation of an animal (other than an assistance animal for a person with disabilities) which may be detrimental to the repair, cleanliness or sanitary condition of the vehicle. (6) Nothing in this section prohibits or prevents Taxi Operation from entering into contracts with third parties for Taxi services where: (a) The passenger does not pay for services; and Bylaw No. 782-2011 TAXI BYLAW PAGE 4 Code 00/00 (b) The rates charged differ from those provided by the Taxi Operation to the City Manager and displayed in the Taxi. Addition - Bylaw 838-2013 adopted October 15, 2013. 3.3 Documents for Inspection (1) On the request of a Peace Officer any person driving a Taxi shall produce to the Peace Officer for inspection a Valid Taxi Vehicle Permit. (2) On the request of a Peace Officer any person driving a Taxi shall produce to the Peace Officer for inspection the driver identification card required to be displayed in the Taxi. 3.4 Vehicle for Inspection (1) If a Peace Officer has reasonable grounds to believe a vehicle is in contravention of this Bylaw then upon the direction of the Peace Officer a person named on a Taxi Vehicle Permit shall provide for inspection the vehicle for which the Taxi Vehicle Permit was issued at the time and location specified by the Peace Officer and shall provide to the Peace Officer a current mechanical inspection form. 3.5 Vehicle Equipment and Markings (1) A person shall not drive, cause or permit the driving of a Taxi unless the vehicle equipment and markings comply with all requirements prescribed by this Bylaw and the City Manager. 3.6 Dispatch Services (1) A person shall not provide dispatch services to any Taxi unless they have a Valid Taxi Operation Permit. 3.7 Exemption from Taxi Regulations (1) Notwithstanding the definition of Taxi, the following vehicles are not to be considered as Taxis for the purposes of this Bylaw: (a) any ambulance; (b) any municipally operated transit vehicle; and (c) any vehicle so prescribed by the City Manager. Bylaw No. 782-2011 TAXI BYLAW PAGE 5 Code 00/00 PART 4 TAXI VEHICLE PERMIT 4.1 Expiry (1) Unless otherwise cancelled, every Taxi Vehicle Permit expires on March 31 of each year; (2) A Taxi Vehicle Permit may be renewed subject to the provisions of this Bylaw. 4.2 Issue and Renewal (1) A person applying for the issue or renewal of a Taxi Vehicle Permit must provide all of the following to the City Manager: (a) a completed application for issue or renewal in the form prescribed by the City Manager; (b) the fee for the issue or renewal of a Taxi Vehicle Permit prescribed by the Fees and Charges Bylaw; (c) a statutory declaration in a form satisfactory to the City Manager that the vehicle on which the Taxi Vehicle Permit will be displayed; i) has a valid provincial registration certificate listing the applicant as an owner or a lessee of the vehicle; ii) has valid third party liability insurance; iii) complies with any mechanical inspection standards prescribed by the City Manager; and iv) has a top light meeting the specification of Schedule A of this Bylaw and otherwise complies with any vehicle identification standards for Taxis prescribed by the City Manager; (d) a Valid Taxi Operation Permit for providing dispatching services to the Taxi; and (e) anything else reasonably required by the City Manager to process the application. Bylaw No. 782-2011 TAXI BYLAW PAGE 6 Code 00/00 4.3 Automatic Cancellation (1) A Taxi Vehicle Permit is immediately cancelled upon the cancellation or expiry of the provincial registration or vehicle insurance of the vehicle for which the Taxi Vehicle Permit is issued. 4.4 Seizure of Taxi Vehicle Permit (1) If a Peace Officer believes, on reasonable grounds, that a Taxi Vehicle Permit: (a) is not clearly displayed on a vehicle in the manner prescribed by the City Manager; (b) was not issued for use on the vehicle; or (c) is not a Valid Taxi Vehicle Permit; the Peace Officer may seize and take possession of the Taxi Vehicle Permit. (2) Any Taxi Vehicle Permit seized pursuant to this section must be returned to the City by the Peace Officer forthwith or as soon as practical. (3) A Taxi Vehicle Permit seized pursuant to this section may be returned to the Permit Holder upon the City Manager being satisfied the Permit Holder is in full compliance with this Bylaw. PART 5 TAXI OPERATION PERMIT 5.1 Expiry (1) Unless otherwise cancelled, every Taxi Operation Permit expires on March 31 of each year. (2) A Taxi Operation Permit may be renewed subject to the provisions of this Bylaw. 5.2 Issue or Renewal (1) A person applying for the issue or renewal of a Taxi Operation Permit must provide all of the following to the City Manager; (a) a completed application for the issue or renewal in the form prescribed by the City Manager; Bylaw No. 782-2011 TAXI BYLAW PAGE 7 Code 00/00 (b) the fee for the issue or renewal of a Taxi Operation Permit prescribed by the Fees and Charges Bylaw; (c) a complete list of every Taxi Vehicle Permit for which the Taxi Operation is providing dispatch services; (d) the rates to be charged by any Taxi for which the Taxi Operation is providing dispatch services; (e) a statutory declaration in a form satisfactory to the City Manager that the Taxi Operation: i) Provides 24 hour dispatch and Taxi driving services; and ii) Has not less than three Valid Taxi Vehicle Permits currently in use on Taxis; and (f) anything else reasonably required by the City Manager to process the application. 5.3 It is a deemed condition of every Taxi Operation Permit that the Permit Holder must: (1) Ensure that all current employees, agents, contractors and drivers providing services to the Taxi Operation must provide the Permit Holder with a police information check once every three years. PART 6 LICENSING POWERS 6.1 GENERAL (1) The City Manager may refuse to issue or renew a Permit, may suspend or cancel a Permit and may impose any conditions on a Permit for any of the following reasons: (a) the applicant or Permit Holder does not or no longer meets the requirements of this Bylaw with respect to the Permit applied for or held; (b) the applicant or Permit Holder or any of its officers or employees: i) furnishes false information or misrepresents any fact or circumstance to a Peace Officer or the City Manager; Bylaw No. 782-2011 TAXI BYLAW PAGE 8 Code 00/00 ii) has, in the opinion of the City Manager based on reasonable grounds, contravened this Bylaw whether or not the contravention has been prosecuted; iii) fails to pay a fine imposed by a court for a contravention of this Bylaw; iv) fails to pay any fee required by this Bylaw; or (c) in the opinion of the City Manager based on reasonable grounds it is in the public interest to do so. 6.2 NOTICE (1) Before refusing to issue or renew a Permit, and before a Permit is suspended or cancelled or conditions are imposed, other than any suspension, cancellation or conditions imposed by this Bylaw, the applicant or Permit Holder must be given: (a) written notice of the potential refusal, suspension or cancellation or the potential conditions with reasons, and (b) a reasonable opportunity to make written representations to the City Manager. (2) This section does not apply if the City Manager believes, on reasonable grounds, that an emergency exists with respect to refusing to issue or renew a Permit, or with respect to any suspension of, cancellation of, or conditions to be imposed on a Permit. 6.3 DECISION (1) If a decision is made to refuse the issue or renewal of a Permit, to suspend or cancel a Permit or to impose conditions on a Permit, other than conditions imposed by this Bylaw, notice of the decision may be served on the applicant or Permit Holder: (a) in person on the applicant or Permit Holder or any of its officers or employees; or (b) by ordinary mail to the address in the application or in the records of the City for the Permit. Bylaw No. 782-2011 TAXI BYLAW PAGE 9 Code 00/00 6.4 APPEAL (1) A person: (a) who has been refused the issue or renewal of a Permit; (b) whose Permit has been suspended or cancelled; or (c) whose Permit is made subject to conditions, other than conditions imposed by this Bylaw; may appeal the decision within fourteen (14) days by providing written notice to the City Clerk and paying the notice of appeal fee prescribed by the Fees and Charges Bylaw. (2) A person may not appeal a refusal to issue or renew a Permit if the reason for the refusal is the failure to pay any fee or provide any required information. (3) A person may not appeal any condition, suspension or cancellation imposed automatically by the provisions of this Bylaw. (4) An appeal does not act as a stay of the City Manager's decision unless otherwise ordered by a court of competent jurisdiction. 6.5 REINSTATEMENT (1) A suspended Permit may, upon the expiration of the suspension, be reinstated upon payment of the fee for reinstatement prescribed by the Fees and Charges Bylaw and if the Permit Holder complies with all provisions required by this Bylaw for the renewal of the Permit. 6.6 REPLACEMENT (1) If a Permit is lost, stolen or destroyed the City Manager may issue a replacement Permit upon payment of the fee for replacement prescribed by the Fees and Charges Bylaw. Bylaw No. 782-2011 TAXI BYLAW PAGE 10 Code 00/00 PART 7 ENFORCEMENT 7.1 OFFENCE (1) A person who contravenes this Bylaw is guilty of an offence. 7.2 CONTINUING OFFENCE (1) In the case of an offence that is of a continuing nature, a contravention constitutes a separate offence in respect of each day, or part of a day, on which it continues and a person guilty of such an offence is liable to a fine in an amount not less than that established by this Bylaw for each such day. 7.3 CORPORATIONS AND PARTNERSHIPS (1) When a corporation commits an offence under this Bylaw, every principal, director, manager, employee or agent of the corporation who authorized the act or omission that constitutes the offence or assented to or acquiesced or participated in the act or omission that constitutes the offence is guilty of the offence whether or not the corporation has been prosecuted for the offence. (2) If a partner in a partnership is guilty of an offence under this Bylaw, each partner in that partnership who authorized the act or omission that constitutes the offence or assented to or acquiesced or participated in the act or omission that constitutes the offence is guilty of the offence. 7.4 FINES AND PENALTIES (1) A person who is guilty of an offence is liable to a fine in an amount not less than that established in this section, and not exceeding $10,000.00, and to imprisonment for not more than six months for non-payment of a fine. (2) Without restricting the generality of subsection (1) the following fine amounts are established for use on Municipal Tags and Violation Tickets if a voluntary payment option is offered: (a) $100.00 for any offence for which a fine is not otherwise established in this section; (b) $250.00 for an offence under sections 3.3 and 3.5; and (c) $500.00 for an offence under sections 3.1 and 3.6. Bylaw No. 782-2011 TAXI BYLAW PAGE 11 Code 00/00 7.5 MUNICIPAL TAG (1) If a Municipal Tag is issued in respect of an offence the Municipal Tag must specify the fine amount established by this Bylaw for the offence. 7.6 PAYMENT IN LIEU OF PROSECUTION (1) A person who commits an offence may, if a Municipal Tag is issued in respect of the offence, pay the fine amount established by this Bylaw for the offence and if the amount is paid on or before the required date, the person will not be prosecuted for the offence. 7.7 VIOLATION TICKET (1) If a Violation Ticket is issued in respect of an offence, the Violation Ticket may: (a) specify the fine amount established by this Bylaw for the offence; or (b) require a person to appear in court without the alternative of making a voluntary payment. 7.8 VOLUNTARY PAYMENT (1) A person who commits an offence may make a voluntary payment equal to the specified fine if: (a) a Violation Ticket is issued in respect of the offence; and (b) the Violation Ticket specifies the fine amount established by this Bylaw for the offence. 7.9 PROOF OF PERMIT (1) The onus of proving that a person has a Valid Permit is on the person alleging the existence of the Permit on a balance of probabilities. 7.10 PROOF OF EXEMPTION (1) The onus of proving that a person is exempt from the provisions of this Bylaw requiring a Permit is on the person alleging the exemption on a balance of probabilities. Bylaw No. 782-2011 TAXI BYLAW PAGE 12 Code 00/00 7.11 ENGAGING IN OR OPERATING A BUSINESS (1) In a prosecution for a contravention of this Bylaw against operating without a Permit, proof of one transaction, offer of a transaction, or advertisement is sufficient to establish that a person is operating as alleged. 7.12 PERMIT HOLDER LIABILITY (1) Where a vehicle displaying a Taxi Vehicle Permit is involved in a contravention of this Bylaw the Permit Holder named on the Taxi Vehicle Permit is considered to be responsible for the contravention unless the Permit Holder proves, on a balance of probabilities, that the vehicle was being operated without their consent, either express or implied. 7.13 CERTIFIED COPY OF RECORD (1) A copy of a record of the City, certified by the City Manager as a true copy of the original, shall be admitted in evidence as prima facie proof of the facts stated in the record without proof of the appointment or signature of the person signing it. 7.14 ORDER TO COMPLY (1) If the City Manager believes, on reasonable grounds, that a person is contravening any provision of this Bylaw, the City Manager may, by written order, require any person responsible for the contravention to remedy it. (2) The order may: (a) direct a person to stop doing something, or to change the way in which the person is doing it; (b) direct a person to take any action or measures necessary to remedy the contravention of the Bylaw and, if necessary, to prevent a re-occurrence of the contravention; (c) state a time within which the person must comply with the directions; and (d) state that if the person does not comply with the directions within a specified time, the City will take the action or measure. Bylaw No. 782-2011 TAXI BYLAW PAGE 13 Code 00/00 (3) A person named in and served with an order issued pursuant to this section shall comply with any action or measure required to be taken within the time specified. (4) An order issued pursuant to this section may be served: (a) i) in the case of an individual: i) by delivering it personally to the individual; ii) by leaving it for the individual at their apparent place of residence with someone who appears to be at least 18 years of age; or iii) by mail addressed to the individual at their apparent place of residence or at any address for the individual in the Permit records of the City, or on the tax roll of the City; or (b) in the case of a corporation: i) by delivering it personally to any director or officer of the corporation; ii) by delivering it personally to a person apparently in charge of an office or the corporation at an address held out by the corporation to be its address; or iii) by mail addressed to the registered office of the corporation or to any address for the corporation in the Permit records of the City, or on the tax roll of the City. PART 8 GENERAL 8.1 NO PROPERTY RIGHTS (1) Every Permit issued under this Bylaw or any bylaw preceding this Bylaw remains at all times the sole property of the City and the Permit Holder or person in possession of a Permit shall return it to the City when requested to do so by the City Manager. (2) A Permit Holder shall not sell, assign, lease or otherwise dispose of or give up control of a Permit. Bylaw No. 782-2011 TAXI BYLAW PAGE 14 Code 00/00 8.2 CORPORATE PERMIT (1) Where a corporation applies for the issue of a Permit, the corporation must provide the name of at least one individual who will be responsible for the corporation complying with all provision of this Bylaw. (2) In addition to the name of the individual the corporation must provide a consent and acknowledgement from the individual as to their responsibilities in a form acceptable to the City Manager. 8.3 CITY MANAGER POWERS (1) Without restricting any other power, duty or function prescribed by this Bylaw, the City Manager may: (a) carry out any inspections required to determine compliance with this Bylaw; (b) take any steps or carry out any actions required to enforce this Bylaw; (c) take any steps or carry out any actions required to remedy a contravention of this Bylaw; (d) delegate any powers, duties or functions under this Bylaw to an employee of the City; and (e) prescribe any or all of the following: i) the manner in which Taxi Vehicle Permits are to be displayed on Taxis; ii) vehicle equipment and maintenance standards for Taxis; iii) other vehicle requirements including but not restricted to sizes, makes and models, and year of production for Taxis; iv) markings and colours for Taxis; v) regulations for advertising on Taxis; vi) the manner in which rates and driver information are to be displayed in Taxis; Bylaw No. 782-2011 TAXI BYLAW PAGE 15 Code 00/00 vii) the procedures for dealing with property left behind by a passenger in a Taxi; viii) the manner in which records required by this Bylaw are to be kept; ix) the manner in which any notice required to be provided to the City by this Bylaw may be provided; x) forms for the purposes of this Bylaw; xi) vehicles that are not to be considered as Taxis for the purposes of this Bylaw; and xii) any other matter necessarily incidental to the purpose of this Bylaw and not inconsistent with any other provision of this Bylaw or any provincial or federal legislation. 8.4 NON-RESIDENTS (1) A person who does not reside or maintain a place of business in the City shall, in the event it is a different amount than the fee otherwise required to be paid by this Bylaw for a Permit, pay the Non-Resident fee for the Permit prescribed by the Fees and Charges Bylaw. 8.5 CHANGES OR UPDATES (1) A Permit Holder shall forthwith notify the City of any changes or updates to any of the information required to be provided to the City Manager by this Bylaw. 8.6 FALSE OR MISLEADING INFORMATION (1) A person shall not provide false or misleading information in respect of any matter governed by this Bylaw. PART 9 TRANSITIONAL 9.1 EXISTING LICENCE (1) An existing Permit issued under Bylaw 405-97, the Taxi and Livery Bylaw, remains valid until the term of such Permit expires or until it is replaced by a Permit issued pursuant to this Bylaw. Bylaw No. 782-2011 TAXI BYLAW PAGE 16 Code 00/00 (2) For the purposes of this section the following are considered to be the equivalents for currently existing Permits: (a) Taxi Vehicle Permit - no current equivalent; (b) Taxi Operation Permit - Livery Business Permit; and (c) no proposed equivalent - Livery Driver Permit. PART 10 ENACTMENT 10.1 TAXI AND LIVERY BYLAW REPEAL (1) Bylaw 405-97, the Taxi and Livery Bylaw, is repealed. 10.2 EFFECTIVE DATE (1) This Bylaw comes into force on November 1, 2013. READ A FIRST TIME IN COUNCIL THIS 28TH DAY OF NOVEMBER, AD 2011. READ A SECOND TIME IN COUNCIL THIS 13TH DAY OF MAY, AD 2013. READ A THIRD TIME IN COUNCIL AND FINALLY PASSED THIS 13TH DAY OF MAY, AD 2013. 'original signed' ________________________________ Greg Krischke MAYOR 'original signed' ________________________________ Laura Knoblock CITY CLERK May 13, 2013 ______________________________ Date Signed PREFERRED TOP LIGHT SPECIFICATIONS Please use the examples below as a quick reference on how to properly implement the 'LEDUC' word mark on your taxi. The top light must be lit and be a minimum of 400mm long. *When using the signature on a coloured background, please use the white reverse signature. 1 Colour Black - example White Reverse - example When implementing the new 'LEDUC' signature on your taxi, use a san-serif font in all capital letters, in either 100% black or white (depending on the background). Some approved fonts that we recommend include: - Arial Bold - Avenir Heavy - Calibri - Myriad Bold Minimum required white space between signature and edge of taxi sign is the width of the gap located between the ascenders on the letter U. Proper Usage Examples: Top Light Standard: Approved Formats: Size Requirements: RIGHT WRONG Do not use decorative fonts Leave sufficient margins around text Do not use low-resolution graphics Gap between U ascenders Most printers will prefer a vector (EPS or Ai) file format when printing graphics. The City will provide you with a standard 'LEDUC' black and white logo in this approved file format. In some cases, a high-resolution TIF or JPEG can be used, however it must be clear and readable. Recommended File Formats: 400mm SCHEDULE A