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CORPORATION OF THE TOWN OF GANANOOUE
BY-LAW NO. 20 14-032
BEING A BY-LAW TO PROVIDE FOR THE LICENSING, REGULATING AND GOVERNING OF
OWNERS OF TAXI CABS AND LIMOUSINES AND DRIVERS OF TAXI CABS AND
LIMOUSINES FOR HIRE IN THE TOWN OF GANANOOUE.
WHEREAS Section I I of the Municipal Act, 200 I, S.O. 200 I, c. 25 as amended provides a
municipality with the sphere of jurisdiction for Business licensing of Owners and drivers of
taxicabs, buses and vehicles (other than motor vehicles) for hire;
WHEREAS Section I 5 I (I) of the Municipal_ Act, 200 I, S.O. 200 I, c.25 as amended in part
provides that a municipality may provide for a system of licenses with respect to a business
wholly or in part, carried on within the municipality;
AND WHEREAS Section I 56 of the Municipal Act, 200 I, S.O. 200 I, c.25 as amended
provides that a local municipality, in a by-law under Section I 5 I with respect to the owners
and drivers of taxicabs, may establish the rates or fares to be charged for the conveyance of
property or passengers either wholly within the municipality or from any point in the
municipality to any point outside the municipality; provide for the collection of the rates or
fares charged for the conveyance; and limit the number of taxicabs or any class of them;
AND WHEREAS Council of the Corporation of the Town of Gananoque deems it to be in
the public interest to license and regulate the Owners and Drivers of Taxi Cabs and
Limousines;
NOW THEREFORE the Council of the Corporation of the Town of Gananoque hereby
enacts the following:
I .
DEFINITIONS
I. I.
Accessible Driver shall mean a Driver whose Taxicab Driver's Licence has
been endorsed by the Clerk to permit the Driver to drive an Accessible
Taxicab in the Town of Gananoque.
I .2.
Accessible Taxicab means a cab that is originally constructed or subsequently
modified to permit the loading, transportation and off-loading of a person
with a disability confined to a wheelchair, or other similar device, and is a
licensed motor vehicle that complies w ith all Provincial and Federal Statutes
and Regulations including Ontario Regulation 629 as amended.
I .3.
By-Law Enforcement Officer shall mean a municipal law enforcement officer
appointed by the Town of Gananoque to enforce the provisions of this By-
law.
I .4.
Clerk shall mean the Clerk of the Town of Gananoque and shall include any
person designated as "Acting Clerk" in the Clerk's absence, by Statute or by
By-law.
I .5.
Council shall mean the Municipal Council of the Corporation of the Town of
Gananoque.
I .6.
Chief of Police shall mean the Chief of the Police Service for the Corporation
of the Town of Gananoque and shall include hisjher designate.
1.7.
Driver shall mean a driver of a Taxicab or Limousine and shall include any
person engaged in driving or operating any Taxicab or Limousine for hire for
the transportation of people and may include himself or herself or on behalf
of any person and shall include an Owner (as hereinafter defined) who
drives or operates hisjher own car as a Taxicab or Limousine.
I .8.
Owner shall mean any person owning a Taxicab(s) or Limousine(s) licensed
as such or required to be licensed as such under this By-law and includes a
person having the possession or control of a taxicab or limousine under a
conditional sale agreement, rental, leasing agreement or arrangement.
I .9.
License shall mean a license issued under this by-law being Taxicab Brokers,
Taxicab Owner's Licenses, Taxicab Driver's Licenses, Limousine Owner's
Licenses and Limousine Driver's Licenses.
Page 1 of14
By-law 20 J 4-032 Taxi Ucensing By-law
1. 1 0.
Limousine shalf mean a stretch or longer than usual, luxury motor vehicle
that is not licensed under the Public Vehicles Act R.S.O. or any successor
legislation.
1. 1 1.
Passenger shall mean any person a in a taxicab except for the driver.
I. 1 2.
Person includes an individual, an association, a firm, a partnership or a
corporation and the legal representative of such.
I. 13.
Police Service shall mean the Police Force providing Police Services for the
Corporation of the Town of Gananoque.
1. 14.
Plate or Accessible Plate shall mean a metal, plastic or laminated sticker
issued containing the assigned number, registered and supplied by the
Town.
1. 1 5.
Taxi or Taxicab shall mean any motor vehicle, other than a limousine, seating
seven passengers or less, used for hire to transport the general public but
does not include a bus, ambulance or hearse.
1. 1 6.
Taxicab Broker shall mean any person or company who accepts calls in any
manner for a minimum of three (3) taxicabs that are used for hire and that
are owned by him or herself, persons other than him or herself, hisjher
immediate family, or hisjher employer. A 'Taxicab Broker" may also be an
"Owner" as herein defined, but shall not be required to be licensed as both.
1.1 7.
Taxicab Stand shall mean a public parking space which has been lawfully
designated and identified by means of a sign and reserved exclusively for the
use of taxicabs.
1.1 8. Town shall mean the Corporation of the Town of Gananoque.
I . 19.
Vehicle shall mean a motor vehicle as defined under the Highway and Traffic
Act of Ontario R.S.O. I 990.
1.20. Vulnerable Sector Check is a screening process by the local Police of
individuals who intend on working or volunteering w ith the vulnerable
sector.
2.
GENERAL
2.1.
The number of licenses for the Town for Taxicabs for public hire used for the
transport of passengers shall be limited to one per every 600 people or
fraction thereof residing within the limits of the Town at the time application
for the license is made.
2.2.
A Taxicab Owner shall not possess more than 50% of the Taxicab License
allocation.
2.3.
Where a new license becomes available, licenses shall be issued on a first-
come first-serve basis as indicated under Section 3. 1 .6.
2.3.1.
New license applications will be reviewed by staff to determine if
there is a need for additional licenses. Determination may be
conducted by obtaining records from the existing brokers and
owners for staff to determine if the need is justified.
2.4.
No person shall drive or operate a Taxicab or Limousine w ithin the Town
without having a current and valid Taxicab Driver's License or Limousine
Driver's License as the case may be, issued pursuant to this By-law.
2.5.
No person, being the owner of a motor vehicle, shall permit such motor
vehicle to be driven or operated as a Taxicab or Limousine w ithin the Town
without having a current and valid Taxicab Owner's License or Limousine
Owner's License issued pursuant to this By-law for such motor vehicle.
Page 2 of14
By-Jaw 20 1 ~32 Taxi Ucensing By-Jaw
2.6.
No license is required for the operation of Taxicab or Umousine within the
Town provided the seNice is for the sole purpose of discharging a passenger
who was picked up outside the Town.
2.7.
Notwithstanding any other provisions of this By-law every license issued
under this By-law shall remain the sole and exclusive property of the Town.
3.
DUTIES OF THE CLERK
3. 1.
The duties of the Clerk under this By-law are:
3.1. 1.
To furnish application forms to all applicants for all Licenses and to
provide each person licensed under this By-law w ith a copy of this
By-law;
3.1.2.
3.1 .3.
3.1.4.
3.1 .5.
3.1.6.
3. 1.7.
To receive and process all applications for all Licenses, and for
renewals of such Licenses pursuant to this By-law.
To collect all license fees and keep an account of all money
received on all Licenses, in accordance with the Town's Fees and
Rates By-law, to provide a receipt to the applicant;
To issue all Licenses for persons who meet the requirements of
this By-law;
To keep a register of all Ucenses granted pursuant to this By-law.
To maintain a waiting list of persons whose applications have
been approved but not yet issued. The waiting list shall contain
the names of those applicants in order of the date on which their
applications were approved, in the Clerk's office, and such list shall
be made available at all reasonable times.
To perform all administrative functions conferred upon the Clerk
in this By-law.
4.
DUTIES OF THE POLICE SERVICE
4. 1.
The duties of the Chief of Police SeNice under this By-law are:
4. l. l.
4.1.2.
4. 1.3.
To review all applications received and provide a report for all
Licenses of such Licenses pursuant to this By-law;
The provisions of Section 7, 8.1, 8.2, 9.1 and 9.2 of this By-law
shall be considered by the Chief of the Police SeNice, when
applicable, in considering an application for a Taxicab Driver's
Ucense or Umousine Driver's License to be issued pursuant to this
By-law.
To perform all administrative and enforcement functions
conferred upon the Police SeNice by this By-law.
5.
LICENSE REQUIREMENTS
5. 1.
Applications for any type of License to be issued pursuant to this By-law
thereof shall be upon such form(s) as shall be provided by the Clerk and
other such material and information as is required by this By-law.
5.2.
All applications submitted for Taxicab Broker, Taxicab Owner or Limousine
Owner, Taxicab Driver's License or Umousine Driver's License shall include a
Vulnerable Sector Check, Photograph along with other such material and
information as required by this By-law.
5.2. 1.
Notwithstanding Section 5.2, an Owner shall also provide Proof of
Insurance or Letter of Certificate, Proof of Ownership.
5.2.2.
Notwithstanding Section 5.2 an Owner may, instead of owning a
motor vehicle for use of a Taxicab or Limousine, lease a vehicle
provided;
Page 3 of14
By-law 20 14-032 Taxi Licensing By-law
5.2.2.1 .
5.2.2.2.
Hejshe shall file with the Clerk a copy of the lease
agreement indicating that the motor vehicle is
intended to be used as a taxicab or limousine
Notify the Clerk within ten (I OJ days of the termination
of the lease agreement for the motor vehicle.
5.2.3.
Notwithstanding Section 5.2, a Vulnerable Sector Check must be
dated within one month of the application.
5.2.4.
Notwithstanding Section 5.2, the applicant shall provide at their
own expense with every application for a Driver's License, two
photographs, 2" x 2-3/ 4" in size which shall be attached to the
Driver's License.
5.3.
All applications shall be submitted with the required fee set out in
accordance with the Town's Fees and Rates By-law.
5.4.
No person shall be licensed for any type of License under this By-law unless
hejshe is at least twenty-five (25) years of age and either a citizen of Canada,
a landed immigrant or in possession of and produces a work permit issued by
the Government of Canada.
5.5.
No person shall be licensed as a Taxicab Driver or Limousine Driver unless
hejshe holds, issued in hisjher name, a current and at a minimum Class G
driver's License issued by the Province of Ontario, which is not under
suspension
according to the records of the Ontario Ministry of
Transportation.
5.6.
When an application for a License is made in accordance with the provisions
of this By-law and the applicant meets all the requirements of this By-law, the
Clerk shall issue a License and the applicant shall thereupon be licensed.
5.7.
The term of each license for a Taxicab Owner's License or a Limousine
Owner's License shall, unless otherwise prescribed in the license, be valid for
a period of one year from the first day of January in the year of issuance or,
up to and including the 31st day of December of the year of issue, unless the
said license is revoked, amended, suspended or voluntarily relinquished to
the Town sooner.
5.7. 1.
No License issued under this By-law may be sold, leased, assigned
or transferred.
5.7.2.
Notwithstanding Section 5.7.1, a Taxicab Owner's License or a
Limousine Owner's License may, with the consent of the Clerk, be
assigned or transferred only in circumstances where the
ownership of an existing taxicab or limousine business is being
purchased and the purchaser of the business has agreed to
purchase all of the Taxicab Owner's Licenses or Limousine
Owner's Licenses belonging to such businesses.
5.7.3.
Any person wishing to transfer a Taxicab Owner's License or
Limousine Owner's License in the circumstances described in this
subsection, shall apply to the Clerk for consent to such transfer
and in considering such application the Clerk shall have regard to
the matters set out in Section 7 of this By-law and the provisions
of Section 9 of this By-law shall apply.
6.
RESERVED LICENSES
6. 1.
All licenses issued for the current year shall be considered reseNed.
6.2.
The license for Taxicab Driver or Limousine Driver shall, unless otherwise
prescribed in the license, be valid until December 3 I of the year of issue,
unless the said license is revoked, amended, suspended or voluntarily
relinquished to the Town sooner.
Page 4 of14
By-law 20 14-032 Taxi Licensing By-law
6.2.1.
6.2.2.
6.2.3.
6.2.4.
6.2.5.
Notwithstanding Section 6.2 the full license fee is applicable from
January to September 30 of each year.
Should a license be obtained in October to December of a year,
the fee will be prorated as determined by the Clerk.
All reseNed license holders shall submit an application to the
Clerk no later than November 30th of each year.
Failure to submit an application for a reseNed license as per
Section 5.8.3 by December l st each year shall be deemed to be
surrendered.
The Clerk may in extenuating circumstances allow a delay of or
not more than 30 days under Section 5.8.4.
6.3.
A License may be renewed when it meets the requirements of this By-law.
The Clerk shall issue a License, which shall set out the new expiry date of the
License and the License is thereupon renewed.
7.
GROUNDS FOR REFUSAL TO ISSUE
7. I.
A Vulnerable Sector Check is mandatory for every applicant for any type of
License applied for pursuant to this By-law. A Vulnerable Sector Check
includes a Criminal Information Records Check and Driver's Abstract.
7.2.
An applicant for any type of License issued pursuant to this By-Jaw is entitled
to be Licensed except where:
7.2.1.
7.2.2.
7.2.3.
7.2.4.
the current and past conduct of the applicant or Licensee affords
reasonable grounds for the belief that the applicant or Licensee
will not carry on the activity for which hejshe is to be Licensed or
to continue to be Licensed in accordance with the Jaw and in a
carefut reasonable and prudent manner with integrity and
honesty; and where the Criminal Records Information reflects a
criminal conviction within three years of the date of application
subject to Section 7.2.4;
the issuance of the License would be contrary to the public
interest as determined by the Chief of Police in hisjher sole and
absolute discretion;
the applicant or Licensee is carrying on activiti~s that are, or will
be, if the applicant is licensed, in contravention of this By-law or
any law;
the applicant has been convicted of a criminal offence within the
past 3 years. Where the conviction of the criminal offence was
more than 3 years, the license may be issued at the discretion of
the Chief of Police.
8.
REVOCATION OF LICENSE
8. I.
A Taxicab Driver's License or a Limousine Driver's License issued under this
By-law shall be automatically revoked upon the Licensee being disqualified or
prohibited from driving a motor vehicle by reason of the legal suspension or
cancellation of hisjher License to drive a motor vehicle in Ontario or by
reason of an order or judgement made under the Criminal Code prohibiting
him or her from driving a motor vehicle on any highway in Canada. In such
event the Licensee shall forthwith surrender hisjher License to the Chief of
Police and hejshe shall not be entitled to again apply for a Taxicab Driver's
License or Limousine Driver's License until such satisfactory evidence is filed
with the Chief of the Police that such disqualification or prohibition has been
terminated.
8.1.1.
No owner shall fail to notifY the Town of any conviction of a
criminal offence of the Owner and no Owner shall knowingly fail
to notifY the Town of any conviction of a criminal offence of a
Page 5 of14
By-law 20 14-032 Taxi Ucensing By-law
Taxicab Driver or Limousine Driver in the Owner's employ. The
Town reseNes the right to revoke such Owner's Taxicab or
Limousine License, or Taxicab or Limousine Driver's License
pursuant to Section 7.2.4 of this By-law.
8.2.
Applications for Taxicab Driver's Licenses or Limousine Driver's Licenses will
not be accepted for reinstatement or issuing in the first instance, for a period
of three years, following the reinstatement of a person's Ontario Driver's
License that has been suspended or cancelled as the result of a conviction for
a breach of any one or more of the driving sections of the Criminal Code.
8.3.
Any Licensee who contravenes any provision of this By-law shall, in addition
to any other remedy available to the Town, be liable to have such License
revoked by the Town.
9.
NOTICE BY THE CLERK OF REFUSAL TO ISSUE
9. I.
When it appears to the Clerk or the Chief of Police that an applicant or
Licensee should have hisjher application refused or License revoked for any
of the grounds set out in this By-law, the Clerk shall not issue the License, or
shall revoke the License, as the case may be.
9.2.
When the Clerk refuses to issue or refuses a license or revokes a License, a
written notice shall be given advising the applicant or Licensee.
9.3.
The written notice to be given under subsection 9.2 shall:
9.3.1.
9.3.2.
9.3.3.
set out the grounds for the refusal to license or revoking of
license;
give reasonable particulars of the grounds; and
be signed by the Clerk.
9.4.
Where any person is affected by a decision of the Clerk or the Chief of Police
under this By-law such person may appeal the decision or cancellation to
Council in writing within fourteen ( 14) days of the date of the order, decision
or cancellation (as the case may be) to appear at a hearing before Council
providing the written letter states the fact of the appeal and the reasons for
the appeal.
I 0.
DUTIES OF TAXICAB BROKER
I 0. I. Operate in accordance with the provisions of this By-law and all applicable
legislation;
I 0.2.
No license shall be issued to an applicant for a taxicab broker license unless
and until the Town has been furnished with satisfactory proof that the
applicant is at least twenty-five (25) years of age;
I 0.3.
The premises from which it is proposed to carry on the business:
I 0.3.1.
10.3.2.
Complies with the Development Permit By-law and property
standards requirements of the Town; and
Is situated within the Town
I 0.4. A Broker shall maintain, file and update a list of the owner's names, taxicab
license numbers, drivers license number for all taxicab owners and drivers
with whom hejshe has entered into any arrangements for the provision of
taxicab dispatch seNice;
I 0.5.
A Broker shall ensure that Taxicab dispatch and seNice is provided twenty-
four (24) hours per day, seven (7) days per week.
I 0.5.1.
Notwithstanding Section I 0.5 the existing Taxicab Broker, namely
A-One Taxi, may continue the hours of Sunday to Thursday 5:00
am to I :00 am and 24 hours on Friday and Saturday until:
Page 6 of14
By-law 20 14-032 Taxi Ucensing By-law
I 0.5. I. I.
Ownership of the business has changed; or
I 0.5.1.2.
The Town deems it necessary to provide 24 hour
service
based
on
the
monitoring
records
or
complaints.
I 0.6.
Ensure, where taxicab dispatch service is provided on behalf of the taxicab
broker by a person other that the taxicab broker or hisjher employee, that
such person is:
10.6.1.
10.6.2.
Licensed as a taxicab broker under this By-law; and
Directed to inform the person requesting taxicab service is a
taxicab affiliated to a broker other than the broker requested to
provide taxi service will be responding to a request for taxi service;
I 0.7.
Not permit or allow any person not licensed as a taxicab driver under this By-
law to operate any taxicab displaying identifying marks or equipment, meters
or signs indicating that such person is operating a taxicab affiliated to the
taxicab broker dispatch service;
I 0.8.
Not accept calls for, or in any w ay dispatch or direct calls to taxicabs where:
10.8. I.
10.8.2.
10.8.3.
The taxicab owner does not hold a license issued under this By-
law;
The license of the taxicab owner is under suspension; or
The taxicab driver is not licensed under this By-law;
I 0.9.
Maintain a record of all the taxicabs dispatched, including the date, time,
original and destination of each trip made by hisjher taxicab(s), the driver
and the taxicab used;
I 0. I 0. Retain the records referred to in Subsection I 0. 9 hereof for a period of not
less than twelve months and shall produce these records for inspection
immediately upon request for the Clerk, By-law Enforcement Officer or by the
Chief of Police;
I 0. I I. Have the right to refuse to provide taxicab service to a person who:
I 0. I 1. I.
Has not made payment for an previous trip;
I 0. 11.2.
Refuses to pay by any form of remuneration acceptable to the
taxicab broker;
I 0. I 2. Punctually dispatch taxicabs in order that taxicab drivers may keep all
engagements;
I 0. 13. Inform a person requesting taxicab service of the approximately time of any
delay in providing taxicab service of the approximately time of any delay in
providing taxicab service before accepting a request for taxicab service; and
I 0. 14. Ensure that the taxicab broker, and any of its employees engaged in the
provision of service to the general public while carrying on the business of a
taxicab broker, behave civilly and courteously recognizing the taxicab
broker's role in the provision of a public transportation service and
recognizing the public trust and public interest placed upon the taxicab
broker.
11.
DUTIES OF TAXICAB AND LIMOUSINE OWNERS
I I. I.
Operate in accordance with the provisions of this By-law and all applicable
legislation;
11.2.
Commercial General Liability Insurance issued on an occurrence basis for an
amount of not less than $2,000,000 per occurrencej $2,000,000 annual
Page 7 of14
By-taw 20 14-032 Taxi Ucensing By-taw
aggregate for any negligent acts or om1ss1ons by the taxi or limousine
company. Such insurance shall include, but is not limited to bodily injury and
property damage including loss of use; personal injury; contractual liability;
premises, property & operations; non-owned automobile; broad form
property damage; products & completed operations; owners & contractors
protective; occurrence property damage; employees as Additional lnsured(s);
contingent employers liability; cross liability and severability of interest clause.
Such insurance shall add the Town of Gananoque as Additional Insured. This
insurance shall be non-contributing with and apply as primary and not as
excess of any insurance available to the Town. The taxi or limousine
company shall indemnify and hold Town of Gananoque harmless from and
against any liability, loss, claims, demands, costs and expenses, including
reasonable legal fees, occasioned wholly or in part by any negligence acts or
omissions whether willful or otherwise by the taxi / limousine company, their
drivers, officers, employees or other persons for whom they are legally
responsible.
I 1.2. I.
II.2.2.
II.2.3.
Il.2.4.
The said policies shall clearly acknowledge that the vehicle is
being used for purposes of a Taxicab or Limousine seNice and
shall include all necessary coverage as are reasonable for the
transportation of persons andjor property.
The policy or policies of insurance shall be endorsed to provide
that the policy or policies shall not be altered, cancelled or
allowed to lapse without 30 days written notice to the Town.
No person shall be granted a Taxicab Owner's license or a
Limousine Owner's license or renewal thereof unless proof of
insurance or letter of certification, addressed to the Town is
provided to the Clerk for each vehicle which certifies that the
policy or policies of insurance obtained by the Owner are in full
force and effect and in accordance with all of the requirements of
this By-law.
I I.2.3. I.
Automobile liability insurance with respect to owned
or leased vehicles used directly or indirectly in the
performance of the seNices covering liability for bodily
injury, death, passenger hazard and damage to
property with a limit of not less than $2,000,000
inclusive for each and every loss. The policy shall be
endorsed to include the OPCF#6A -
Permission to
carry paying passengers
Every Taxicab Owner's license and Limousine Owner's license
shall automatically be revoked upon the cancellation, suspension
or termination of the relevant policy(cies) of insurance unless the
taxicab or limousine has been taken out of seNice in accordance
with Section 8.3 of this By-law.
I I.3.
Every Owner shall, in respect to each Taxicab or Limousine as the case may
be, which hejshe owns or leases, produce to the Clerk a current letter of
certification for each Taxicab or Limousine (in accordance with the
requirements of Section I I.2.3 of this By-law) at the time of application and
shall be endorsed by the issuer that the Town shall receive written notice
prior to any cancellation as provided in Section I I .2 of this By-law. In
addition to the foregoing, the Clerk shall be entitled at any time and from
time to time to request an Owner to produce a letter of certification (as
aforesaid) in respect to each Taxicab and Limousine owned by him or her
and such Owner shall comply with such request forthwith on demand.
I I.4.
Every Owner shall supply the Clerk with a Safety Standards Certificate by no
later than November 30 of each year, issued pursuant to the Highway Traffic
Act and regulations for every vehicle licensed under this By-law, when
applying for a Taxicab Owner's license or Limousine Owner's license. The
Town may require more often, as a result of concerns with respect to public
health and safety and motor vehicle fitness.
Page 8 of14
By-law 20 14-032 Taxi Ucensing By-law
I 1.5.
Every Owner shall notify the Clerk forthwith when any vehicle licensed to
himjher under this By-law is involved in any collision or other accident, and
shall supply a new Safety Standard Certificate prior to any further use of the
vehicle as a Taxicab or Limousine.
11.6.
Every Owner of more than one Taxicab or Limousine shall provide the Town
with a list containing all the information, which the Town requires for each
Taxicab or Limousine, and such list shall be updated by the owner to the
Town, forthwith upon any additions andjor deletions to the Owners' fleet.
11.7.
Every Owner shall display, in a prominent place in the interior of each
Taxicab or Limousine, a copy of the Taxicab Owner's license or Limousine
Owner's license and of the Taxicab Driver's license or the Limousine Driver's
license showing a current photograph of the Taxicab Driver or Limousine
Driver.
1 1.8.
Every Owner shall display in a prominent place in the interior of each Taxicab
or Limousine, a copy of the current fares to be charged for the conveyance
of passengers or goods calculated in accordance with the provisions of the
Town's Fees and Rates By-law.
11.9.
Every Owner shall ensure that there is a display on the exterior of every
Taxicab and Limousine owned by him or her which denotes that the vehicle
is used for purposes of a Taxicab or Limousine and states the name of the taxi
or limousine business or company. The license number/ plate supplied by the
Town bearing the license identification number shall be affixed securely on
the rear, left side of the bumper of the vehicle. The plate shall not be
removed or used by any other vehicle unless approval has been obtained by
the Clerk, at the discretion of the Clerk.
I I. 1 0. Every Owner shall ensure that the plate shall be returned by the Owner to
the Town within 24 hours of the license being revoked or within 24 hours of
the time that the vehicle ceases operation as a Taxicab or Limousine licensed
under this By-law.
11. I 1. If an Owner does not provide regular seNice or discontinues hisj her Taxicab
seNice for a period exceeding sixty (60) days hisjher license will be
suspended.
II. 12. No Owner shall permit any person to drive or operate a Taxicab or Limousine
unless such person holds a Taxicab Driver's license or a Limousine Driver's
license issued to him or her under this By-law. A list of all drivers shall be
maintained, filed and updated by the owner to the Town, forthwith upon
any additions andjor deletions.
11.13. An Owner having three (3) or more taxicab licenses, shall ensure that Taxicab
seNice is provided for twenty-four (24) hours per day, seven (7) days per
week to persons requesting taxicab seNice.
11. I 3. I.
Notwithstanding Section I I. 13 the exrstrng Taxicab Broker,
namely A-One Taxi, may continue the hours of Sunday to
Thursday 5:00 am to I :00 am and 24 hours on Friday and
Saturday until:
I 1. 13. I. I. Ownership of the business has changed or
11.13.1.2. The Town deems it necessary to provide 24 hour
seNice
based
on
the
monitoring
records
or
complaints.
11.14. Upon owning three (3) or more taxicabs, provide proof of sufficient off street
parking spaces to accommodate every vehicle licensed under this By-law and
such parking spaces shall not be located on Municipally owned lands;
I I. 14. I.
Notwithstanding Section II . 14, an Owner of a Taxicab license
under this By-law may provide off street parking spaces on private
property provided the Owner of the property has given written
Page 9 of14
By-law 20 14-032 Taxi Ucensing By-law
permission to do so in areas designated commercial or
employment lands.
I 1. 14.2.
Notwithstanding Section I I. 14, a single vehicle may have a
designated space at a Taxicab Driver's residence at the discretion
of the Clerk.
1 2.
Every Owner shall:
12. 1.
Keep an up-to-date record of all persons employed by him or her as Drivers;
12.2.
Every Owner shall keep a record of the date, time, origin and destination of
each trip, a list of the owner's namejs, taxicab or limousine license numbers,
drivers' license number for all taxicab or limousine owners and drivers. Every
Owner shall ensure records are maintained in a secure location in the
business office for a period of twelve months and are open for inspection by
any police officer andjor the Clerk from time to time and such records maybe
removed and retained for a reasonable time by any such police officer
andjor the Clerk.
12.3.
Ensure at all times keep hisjher Taxicabs or Limousines are:
12.3. l.
12.3.2.
clean, dry and in good repair as to its interior
in good repair as to its exterior;
12.3.2.1.
12.3.2.2.
12.3.2.3.
12.3.2.4.
12.3.2.5.
12.3.2.6.
paint must be one colour, unless it is a two tone
design as approved by manufacturing
specifications;
no peeling paints, dents or rust holes showing on
the exterior body;
bumpers and grill must be in good conditions
equipped with proper wheel covers;
free from mechanical defects so as to meet the
standards required for the issuance of a Province
of Ontario Safety Standards Certificate; and
equipped with the license numberjplate supplied
by the Town bearing the license identification
number.
12.4.
Advise the Clerk and the Chief of Police in writing within twenty-four (24}
hours of any person becoming employed by him or her as a Driver or of the
termination of the employment of any person as a Driver;
12.5.
Notify the Town in writing when a Taxicab or Limousine licensed under this
By-law ceases operation, identifying the Taxicab or Limousine by the Vehicle
Identification Number. Every Owner shall notify the Town in writing when a
Taxicab or Limousine licensed under this By-law return to operation and
provide an up to date insurance certificate for such vehicle in a form and
amount as required by this By-law.
13.
DUTIES OF TAXICAB DRIVERS AND LIMOUSINE DRIVERS
13. I.
Every Driver should have a thorough knowledge of the duties of the Taxicab
or Limousine Driver as set out in this By-law.
13.2.
Every Driver shall commencing hisjher shift and similarly at the end of each
shift, shall examine the vehicle for mechanical, safety or sanitary defects to
the vehicle and shall report forthwith an defects to the owner of the vehicle.
13.3.
Every Driver shall drive the taxicab in the most direct travelled route from the
point of engagement to the point of destination unless otherwise requested
by the passenger.
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By-law 20 14-032 Taxi Ucensing By-Jaw
13.4.
Every driver shall display in a prominent place in the interior of each Taxicab
and Limousine, a copy of the Taxicab or Limousine Driver's license showing a
current photograph of the Taxicab or Limousine Driver.
13.5.
Every Driver while acting as such shall be suitably dressed, civil, and well
behaved and shall, when receiving or delivering passengers, give such
reasonable assistance in opening the door of hisjher Taxicab or Limousine as
the circumstances may require and shall deposit all luggage as directed,
provided such direction is reasonable.
I 3.6.
Every Driver when called to a house or other place for the reception of
passengers shall notify the person calling the Taxicab or Limousine of hisjher
presence by going to the door of the house or other place and informing a
grown-up person. A Driver may also signify hisjher presence by reasonably
sounding the horn of hisj her Taxicab or Limousine.
13.7. A Driver shall give hisjher Taxi Driver License Number and first name and the
name of the Owner of the Taxicab or Limousine (if other than the Driver)
upon the request of any passenger or of any person to whom or to whose
property injury has been occasioned by the Driver of the Taxicab or
Limousine.
13.8.
Every Driver shall seNe the first person offering to hire him, provided that the
Driver may request payment of hisjher fare or security for the payment of
hisj her fare in advance.
13.9.
Every Driver shall ensure that no more passengers are transported in a
Taxicab or Limousine at any one time than there are seat belts available for.
It is the taxi driver's responsibility to ensure that the seat belt is available and
in good working order.
Taxi drivers are responsible for ensuring that
passengers under the under of 16 are wearing seat belts.
13. I 0. Every Driver shall deliver all property, goods or money left in error by any
passenger in the taxicab to such passenger, or notify such passenger where
such property, good or money may be recovered, or if such passenger is
unknown, delivery the property, goods or money to the Chief of Police.
13. II. No Driver operating a Taxicab or Limousine shall pick up any additional
passenger or passengers, after such Taxicab or Limousine has been engaged
by one or more passengers, unless the person or persons who originally
engaged the Driver specifically agree to picking up such additional
passengers.
13. 12. Every Driver may refuse to seNe a person offering to hire him or her if, in the
opinion of the Driver there is sufficient cause. Sufficient cause may include
previous unpaid fare(s), the Driver's personal safety may be at risk or reasons
of sanitation.
13. 13. Every Driver shall only park or stand a Taxicab licensed under this By-law
while not in operation of conveying passengers or goods, in the off street
parking space provided by the Owner in accordance w ith Section II. 14 of
this By-law, and which parking shall be prohibited in municipally owned
property.
13. 13. I.
Notwithstanding the above, Drivers may additionally park in
designated Taxicab Stand locations.
13. 14. Every Driver providing any pick up seNices, whether previously scheduled or
otherwise, within the Town of Gananoque municipal boundaries shall be
licensed in accordance with this By-law, and meet and maintain eligibility
requirements to operate in the Town of Gananoque.
14.
REGULATIONS OF FARES
14.1.
The Town shall establish fares, in its sole and absolute discretion, after
requesting comments and input from Taxicab Owners. Such fares charged by
the Owners or Drivers of Taxicabs for the conveyance of passengers or
goods shall be set out in the Town's Fees and Rates By-law.
Page 11 of14
By-law 20 1 ~32 Taxi Licensing By-law
14.2. The Taxicab or Limousine Driver, upon request, shall provide each passenger
who has hired the taxicab with a receipt of the fare paid by the passenger
upon the completion of the trip.
14.3.
No Taxicab Driver shall publish fares or demand or receive fares other than
those as set out in the Fees and Rates By-law.
14.4.
Limousine fares shall be charged on an hourly, mileage or lump sum basis,
provided that the total trip fare for any trip shall not total an amount less
than the applicable fare for taxicab service for the same trip.
14.5.
Every Limousine Owner licensed under this By-law shall lodge with the Clerk
a current schedule of fees, and every driver of a limousine shall display in a
prominent place in the interior of each limousine, such current fee schedule.
Any change to the schedule of fees shall be reported forthwith to the Clerk
and the new fee schedule shall be prominently displayed in each limousine.
1 5.
PASSENGER CONDUCT
1 5. 1.
No person employing a Taxicab or Limousine shall refuse to pay the fare
authorized by this By-law.
1 5.2.
When a dispute arises between the passenger and a Taxicab or Limousine
Driver respecting the fare to be charged for taxicab services, the person
hiring the taxicab may refer to the dispute to the Chief of Police for
investigation and appropriate action.
16.
ACCESSIBIUlY
1 6. 1.
Owners and Drivers providing taxi services and limousine services shall:
16. 1.1.
16.1.2.
16.1.3.
provide service to persons with disabilities able to use taxi vehicles
and limousines, including those using mobility aids or service
animals;
assist passengers with disabilities in boarding/de-boarding
vehicles
except where
drivers
have
recognized
medical
exemptions; and
assist with the safe and careful stowing of mobility aids when
requested to do so by the passenger.
16.2.
Owners and Drivers providing taxi services and limousine services shall not
16.2.1.
16.2.2.
16.2.3.
16.2.4.
refuse to provide service to a person with a disability because the
person's disability results in appearance or involuntary behaviour
that may offend, annoy, or inconvenience employees or other
persons unless the person poses a danger to other passengers,
employees or themselves;
prohibit a person with a disability from traveling with medical aids
(e.g. respirator, portable oxygen supply) allowed under relevant
health and safety laws and regulations;
charge a fee for the stowage of assistive devices; and
charge passengers with a disability a higher fare than passengers
without a disability would be charged for the same trip.
1 6.3.
That Owners and Drivers of Taxicabs and Limousines licensed under this By-
law shall ensure compliance with all applicable Accessible Integrated
Standards including Customer Service, Information/Communications and
Transportation Standards for Taxi Services and Limousine Services when
applicable regulations under the Accessibility for Ontarians with Disabilities
Act, 2005 come into force and effect.
Page 12 of14
By-law 20 1 +032 Taxi Ucensing By-law
t 7.
ACCESSIBLE TAXI SERVICE
17. I. There may be issued, in addition to the maximum number of licenses under
Section 2. t taxicab licenses, which may be issued pursuant to this By-law,
accessible taxicab owners' licenses for those companies for specialized
transportation seNices.
t 7 .2.
All the provisions of this By-law in respect of Taxicab owners, drivers and
vehicles shall apply to owners and drivers of Accessible Taxicabs.
17.3.
In addition to the requirements for vehicles set out in this By-law, vehicles to
be licensed as Accessible Taxicabs shall, as a minimum, permit the loading,
transportation and off-loading of persons utilizing a wheelchair in
compliance with all federal and provincial legislation governing the
transportation of disabled persons.
I 7.4.
The Accessible Taxicab Driver shall ensure that all wheelchairs being
transported within the Accessible Taxi are securely fastened so as to prevent
them from moving when the Accessible Taxi is in motion;
t 7.5.
The Accessible Taxi vehicle shall have affixed to the left side of the rear
bumper the Accessible plate supplied by the Town.
I 7 .6.
No person shall drive an Accessible Taxi w ithout first having completed a
Wheelchair and Occupant Restraint System Training/Transportation Program
with respect to handling, safety, restraint, transportation, care and safety of
passengers with disabilities. Written proof outlining the record of training
and the training the driver received shall be provided to the Clerk. The
trainer and the driver shall sign the certificate of training.
I 7.7.
The Accessible Taxi will be available to those persons who have mobility
issues and have challenges getting in and out of the regular taxi.
17.8.
During the hours when not in demand as an Accessible Taxi, the Accessible
Taxi may operate as a regular taxi. The Accessible Taxi shall offer exclusive
priority to request made by, or on behalf of, a person w ith a disability
requesting Accessible Taxi SeNice.
l 7.9.
Every driver of an Accessible Taxi shall render all assistance required by a
disabled passenger to enter and exit the taxi safely.
t 8.
ENFORCEMENTJINSPEGION/PENALTIES
18. 1.
The By-law Enforcement Officer or Chief of Police may periodically inspect
any Taxicab or Limousine andjor its equipment and every Taxicab or
Limousine Owner or Driver shall, when requested, produce a valid license to
said officer for inspection.
t 8.2.
If the inspection results in a taxicab being found to be in an unsafe or
hazardous condition or as per Section 12.3.2.5, the By-law Enforcement
Officer or Chief of Police:
18.2.1.
18.2.2.
18.2.3.
Shall require the taxicab to be placed in a safe condition within
fourteen ( t 4} days therefrom; and
May suspend the licence for a period not exceeding fourteen ( 14}
days; and
Shall require the submission of the taxicab to further inspection to
be held within the aforesaid fourteen ( 14) days. Holidays and
weekends will not be counted for the purposes of determining
the aforesaid.
18.3.
If the inspection results in a taxicab being found to not be in good repair as
identified under Section l 2.3, the By-law Enforcement Officer or Chief of
Police:
18.3. t.
18.3.2.
Shall require the taxicab to comply under Section t 2.3. 1, 12.3.2.6
within seven (7} days;
Shall require the taxicab to comply under Section 12.3.22
13.3.2.3, 12.3.2.4 with thirty (30) days;
18.4.
The By-law Enforcement Officer or the Chief of Police shall be responsible for
the enforcement of the provisions of this By-law.
Page 13 of14
By-Jaw 20 14-032 Taxi Licensing By-law
18.5.
Where the holder of a license issued under this By-law fails to comply with
the requirements of this By-law, the Clerk shall suspend the license until the
holder has complied with the terms and conditions of the By-law. Where the
holder of a license issued under this By-law is found to be non-compliant on
a second and subsequent occurrence, the Clerk shall revoke the license.
18.6.
Every person who contravenes any provision of this By-law shall be liable to
have such License revoked by the Town and shall be guilty of an offence.
Upon conviction such person is liable to fines and penalties as are authorized
under the Provincial Offences Act, R.S.O. 1990, c.P.33 as amended, and all
such fines shall be recoverable pursuant to the provisions of the Provincial
Offences Act.
18.7.
Upon a conviction being entered, the Court in which the conviction was
entered and any Court of competent jurisdiction thereafter may, in addition
to any other remedy and to any penalty imposed in this By-law, make an
Order prohibiting the continuation or repetition of the offence by the person
convicted.
19.
EXEMPTIONS
19.1.
The provisions and requirements of this By-law shall apply to a motor vehicle
used exclusively for conveying passengers or goods pursuant to a written
agreement with the Town or any School Board or any other public body or
agency, but not to School Board transportation vehicles, public transit
vehicles or other public conveyance mechanisms.
20.
Any and all prior taxi By-laws are hereby repealed.
21 .
This By-law shall be read with all changes of gender or number as are required by
the context or the circumstances.
22.
The headings in this By-law are included solely as a convenience and in no way are
intended to modify, alter or detract from the provisions of this By-law.
23.
In the event any provisions of this By-law are deemed invalid or void, in whole or in
part, by any court of competent jurisdiction, the remaining terms and provisions shall
remain in full force and effect.
24.
This by-law shall be in force and take effect immediately upon the passing thereof.
READ A FIRST AND SECOND TIME THIS 18th DAY OF MARCH, 2014.
Mayor, Erika Demchuk
Cl~
READ A THIRD TIME AND FINALLY PASSED THIS 06th DAY OFMAY, 2014.
Mayor, Erika Demchuk
Clerk, Bonnie Dingwall
Page 14 of 14