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THE CORPORATION OF THE TOWN OF MARATHON
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BY-LAW NO. 2019
Being a by-law to repeal By-Law No. 1660,
and to provide for the licensing, regulating,
and governing of taxis and limousines and
their drivers, within the Municipality of
Marathon.
WHEREAS pursuant to paragraphs 6, 8, and 11 of Subsection 10(2) of the
Municipal Act, 2001, S.O. 2001, Chap. 25, as amended, a municipality may pass by-
laws for the health, safety and well-being of persons, and for the protection of
persons and property, including consumer protection, in addition to business
licensing;
AND WHEREAS pursuant to Subsection 8(3) of the Municipal Act, 2001, the
by-laws of a municipality may regulate or prohibit regarding a certain matter, and may
require a person to do certain things or provide for a system of licenses respecting
that matter;
AND WHEREAS Section 151 of the Municipal Act, 2001 authorizes a
municipality to license, regulate and govern any business carried out wholly or partly
within the municipality, and Section 10(2) of the Act also authorizes the municipality
to pass bylaws for the health, safety and well-being of persons and protection of
persons and property including consumer protection;
AND WHEREAS Section 156 of the Municipal Act, 2001 provides further
authority for the licensing, regulating and governing of the owners and drivers of
taxicabs;
AND WHEREAS the Council of the Town of Marathon has determined that it is
appropriate and desirable to license taxicabs, taxicab drivers and limousine services
for the purposes of ensuring the health and safety of both passengers and drivers, for
the protection of persons and property and to ensure consumer protection, and to
ensure that efficient vehicle-for-hire services are available to all persons within the
Town of Marathon;
NOW THEREFORE the Council of the Town of Marathon enacts as follows:
1.
SHORT TITLE
This by-law may be cited as the "Taxi/Limousine By-Law".
2.
INTERPRETATION
a)
In this by-law:
i.
words importing the singular number only, include more persons,
parties or things of the same kind than one and the converse, and
ii.
a word interpreted in the singular number has a corresponding meaning
when used in the plural;
b)
It is declared that if any section, subsection or part or parts thereof be
declared by any court of law to be bad, illegal or ultra vires, such section or
part or parts shall be deemed to be severable and all parts hereof are
declared to be separate and independent and enacted as such.
3.
DEFINITIONS
a)
In this by-law, the following terms have the following meanings:
"Broker" means any person who owns a hired vehicle business, operates their own
hired vehicle(s) and/or dispatches hired vehicles owned by others.
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"By-Law Enforcement Officer" means a person employed by the Municipality of
Marathon as a By-Law Enforcement Officer or a Municipal Law Enforcement Officer
under section 15(a) of the Police Services Act RSO 1990 Chapter P15 x15(1) for the
purpose of enforcing Municipal By-laws.
"Clerk" means the Clerk for the Municipality of Marathon.
"Holiday Season License" means a permit for a taxi issued annually by the clerk and
approved by Council for a specific period of time, namely, November 15th to January
15th of the following year.
"Hours of Operation" means the time in which the company is offering services,
namely Sunday through Wednesday from 06:00 hours to 22:30 hours, and Thursday
through Saturday from 06:00 hours to 02:00 hours.
"Licence" means a licence issued under this By-law.
"Licensee" means a person to whom a License has been granted under this By-law.
"Limousine" means a motor vehicle which is used for hire for the conveyance of not
more than eight (8) passengers exclusive of the driver on an hourly basis or for a
fixed fee between any two given locations and is not equipped with a meter and
means a luxury motor vehicle of special quality. The term expressly excludes: taxi
cabs, ambulances, buses and funeral hearses.
"Municipality" means the Corporation of the Town of Marathon.
"Operate" means to engage in the business of providing service within the jurisdiction
of the Municipality.
"Police" means the Ontario Provincial Police.
"Restricted Parking Area" shall mean any area within the Municipality, in which
parking is controlled by no parking areas, for parking by Municipality of Marathon
Parking By-Law, as amended.
"Taxi" shall mean a motor vehicle, which is used or being used for the conveyance of
passengers having a seating capacity of not more than seven (7) persons exclusive
of the driver, and shall exclude private vehicle for hire companies.
"Vehicle Registration Bumper Sticker" shall mean the identification sticker issued by
the Municipality of Marathon licencing department, displaying licencing year of issue,
taxi broker's business name, and assigned vehicle registration number.
"Vehicle Registration Number" shall mean a sequential number assigned to vehicles
registered with the Municipality of Marathon licencing department for identification
purposes.
4.
LICENCING
a)
No person shall operate a taxi or limousine within the Municipality unless that
person is the holder of a current broker's licence for such service.
b)
No person shall drive a taxi or limousine within the Municipality unless that
person is the current holder of a valid driver's licence for such service.
c)
No person shall use any vehicle as a taxi or limousine within the Municipality
unless there is a current Ontario vehicle licence plate.
d)
Every licence expires on January 31 each year.
e)
No one owner shall control more than sixty percent (60%) of issued Taxi
Vehicle Licences in any given year, unless approved by Council.
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5.
APPLICATION FOR LICENCES
a)
A person who wishes to obtain a licence or renewal licence under this By-law
shall apply to the Clerk.
b)
An application for a Taxi Driver Licence or the renewal of a Taxi Driver Licence
shall be in a form prescribed by the Clerk, and shall be accompanied with the
following:
i.
The applicable fee;
ii.
A current Vulnerable Sector Check for the applicant obtained by them
and at their own expense from the Ontario Provincial Police. If the
Vulnerable Sector Check with fingerprint request is negative and no
criminal record exists, the Vulnerable Sector Check will only be required
once every five (5) years and the Criminal Record Check will be
required annually. If the Vulnerable Sector Check is positive, this check
will be required annually until a pardon has been granted; and
iii.
A copy of the applicant's valid Ontario Class G, Driver's Licence, or
equivalent driver's licence issued by a Canadian Province;
iv.
The written confirmation from a licenced taxi or limousine broker that
the driver will be employed.
v.
A current copy of Ontario Driver Record Search or equivalent document
issued by another jurisdiction obtained by the applicant at their own
expense from the Ministry of Transportation or similar agency or
Ministry of another province.
c)
An incomplete application will be returned to the applicant by the Clerk and no
licence will be issued until the application is complete.
d)
No person shall be issued a licence or is entitled to maintain a licence under
this By-law if the applicant or licensee:
i.
Has been found guilty of an offence under the Criminal Code of Canada
within the proceeding three (3) years, or
ii.
Has been found guilty of an offence under the Liquor Licence Act of
Ontario relating to the illegal purchase or sale of liquor within the
proceeding three (3) years, or
iii.
Has ever been convicted of an offence as defined in Sections 150
through 160 of the Criminal Code of Canada
e)
Provided however, that a person convicted of an offence referred to in this by-
law is eligible for a licence if the person received a discharge, a suspended
sentence, or the matter was prosecuted by way of summary conviction.
f)
An application for a Vehicle Licence or to Renew a Vehicle Licence shall also
include:
i.
A copy of the vehicle registration;
ii.
Proof of insurance to at least $2,000,000.00 for third party claims;
iii.
A valid Ontario certificate of mechanical fitness for the vehicle;
iv.
The consent of a licensed broker under this By-law, and
g)
An application for the renewal of a licence shall be delivered to the Clerk at
least thirty (30) days prior to the expiry of a licence.
h)
The Clerk shall process an application for a licence, or the renewal of a licence
within thirty (30) days of receipt and shall advise the applicant accordingly.
i)
In the event of a person applying for a Holiday Season Licence, they must
apply by October 31st of that year. The licence must be provided to them from
the Municipality no later than November 5th.
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6.
APPEALS
a)
An applicant whose application for a licence is refused may apply to the
Council for a hearing with respect to the said application, and Council may
affirm the Clerk's decision or may grant the licence.
7.
SUSPENSIONS AND REVOCATION
a)
A taxi or limousine broker or driver who fails to operate in accordance with the
provisions of the By-law or any law of the Province of Ontario is subject to
having their taxi licence and any attached vehicle licences suspended or
revoked by the Clerk.
b)
Where the Clerk has reason to believe that a licensee has failed to comply
with the provisions of this By-law or any law of the Province of Ontario, or is no
longer eligible for a license, the Clerk may notify the licensee in writing of the
Clerk's intention to suspend or revoke the licence. The Clerk shall give
reasons for such intention to suspend or revoke a licence.
c)
A licensee who received a notice from the Clerk advising of their intent to
suspend or revoke a licence may appeal such decision to the Council within
fifteen (15) days of the date the notice was mailed or otherwise delivered to
the licensee, and failing such appeal to Council, the Clerk's decision is final.
8.
TRANSFERS AND NON-USE
a)
No taxi driver's licence can be transferred from one person to another; and no
taxi vehicle license can be transferred from one vehicle to another.
b)
A taxi broker who fails to operate a taxi business for sixty (60) consecutive
days will be deemed to have withdrawn from business and the broker's license
is revoked.
c)
A taxi broker who ceases operation of their business for more than seven (7)
days shall immediately notify the Clerk and turn in all permits and licences to
the Clerk.
9.
TARIFFS AND FEES
a)
The fees payable to the Municipality for licences and renewals are set out in
the current Fees and Charges" By-Law.
b)
The fees applicable to a licence issued after June 30th in any year shall be
one half (1/2) of the fee set out in "Fees and Charges" By-Law.
c)
The rates chargeable by a taxi or limousine are those set out in the current
"Fees and Charges" By-Law, and no rate other than those rates shall be
charged.
10.
GENERAL
a)
This By-Law applies to all taxis and limousines operating within the
Municipality of Marathon except:
i.
A taxi which meets the criteria of subsection 156(2) of the Municipal Act
2001, namely:
-
The purpose of the conveyance is to transport persons with
physical, emotional or mental disabilities from any point in the
municipality to any point outside the municipality, and
-
The conveyance is made pursuant to a written contract for the use
of a taxi which can legally operate in the municipality in which the
conveyance begins or end. 2006, c. 32, SCHED. A, s 82.
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b)
This By-law does not apply to an ambulance, or to a police transport vehicle,
or to a bus while operating within the authority of a bus licence, or to a vehicle
for hire that is privately ran through an outside company.
c)
Taxis shall offer service under the hours of operation as set out in the
definitions. Taxis may offer service above and beyond the hours of operation,
but no less.
d)
Taxis and limousines shall be kept clean and in a good state of repair, both
exterior and interior, including the trunk.
e)
Where the Clerk has reason to believe that a vehicle is not in good mechanical
condition, the Clerk may require the broker to provide a new mechanical
fitness certificate within seven (7) days of notice in writing.
f)
No broker shall employ a person as a driver unless that person holds a valid
Class G Ontario Driver's licence or equivalent valid driver's licence from
another Canadian Province.
g)
The holder of any licence under this By-law shall advise the Clerk of any
changes to the information provided in the application or any amendments
thereto within three (3) days of any change.
h)
No more than one taxi vehicle licence shall be issued for each 1,000 people
who reside in the Municipality of Marathon and the surrounding First Nation
communities.
i)
A taxi or limousine shall not take more passengers than there are permanently
equipped safety belts for passengers.
j)
A taxi or limousine must not take passengers that require infant car seats or
booster seats unless required seat is installed in the taxi.
k)
No taxi or limousine shall be washed on any public street.
l)
A taxi broker shall provide service in accordance with the priority of the
request for service determined by the sequence of calls.
m)
Every licensee and driver shall take due care of all property that is entrusted to
them and accepted for conveyance. Any property found in a vehicle shall be
placed in a property box at the broker's business premises and stored for at
least thirty (30) days. The broker shall make reasonable efforts to locate the
owner of that property.
o)
Every licenced vehicle shall have the broker's business name prominently
displayed on the exterior and on both left and right sides of the vehicle.
p)
Every taxi or limousine driver shall carry on their person the Taxi Driver's
Licence and on demand from a Police Officer, By-Law Officer or passenger,
produce their Taxi Driver's Licence, and provide the name and licence number
of the broker under which the vehicle is operated.
q)
No broker or driver of a taxi or limousine shall cause or allow intoxicating
substances to be in the vehicle. Provided however, that a passenger may
transport unopened legal substances in they are not available to them in the
vehicle.
r)
No owner or driver of a taxi or limousine shall permit the vehicle, while on duty,
to remain standing or parked at a restricted parking area except for
taking on a passenger who has already engaged the vehicle, or
discharging passengers.
t)
No vehicle which is more than ten (10) model years old be licenced; provided
however that a vehicle which is licenced may have its licence renewed
regardless of age as long as it passes the annual required inspection.
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u)
Every broker shall post in every licenced vehicle a copy of the passengers "Bill
of Rights" as set out in Schedule "A" hereto in a conspicuous location.
v)
Every broker shall ensure that the current "Fees and Charges" By-Law is
posted in a conspicuous location visible to passengers.
w)
Every broker shall ensure that the licenced driver operated in accordance with
the provisions of the Smoke-Free Ontario Act or any applicable Provincial
statutes.
x)
Every driver is required to display their taxi driver photo ID issued by the
Municipality of Marathon in their vehicle at all times.
11.
TAXIS
a)
A broker of a taxi shall equip each taxi with a rooftop mounted illuminated sign.
b)
A broker shall provide proof of insurance, and a current mechanical fitness
certificate to the Clerk annually by January 15 each year.
c)
Each taxi broker shall ensure that each taxi meter is checked for accuracy at
least once a year, and within 30 days of any change in the rates pursuant to
the By-law.
d)
Every taxi broker shall advise the Clerk of any change to the condition of the
taxi meter seal immediately in order to have awareness of repair or
replacement.
12.
TAXI FARES
a)
No taxicab broker or driver shall charge more or less than the amount shown
in the most updated "Fees and Charges By-Law"
b)
Every taxi shall be equipped with a copy of the current "Fees and Charges By-
Law" and have it available for passengers to view, showing the current rates
as approved by municipal By-Law.
c)
Each taxi broker shall record each far including the time of pick-up and
location, number of passengers, time and location of drop-off, and the fare
charged.
d)
A taxi or limousine driver shall provide a passenger with a receipt if requested.
e)
No taxi driver or broker shall charge a higher fare or an additional fee for
persons with disabilities than for persons without disabilities for the same trip
or for the storage of mobility aids or mobility assistive devices.
13.
OFFENCES
a)
Every person who contravenes a provision of this By-law is guilty of an offense
and upon conviction, subject to a penalty under the Provincial Offenses Act.
b)
Every person who operates a taxi service or a limousine service without a
broker's licence shall, upon conviction be subject to a minimum penalty of
$500.00.
c)
Every person who operates a taxi service or limousine service in the
Municipality of Marathon without a broker's licence issued by the Municipality
of Marathon shall be deemed to commit a separate offense on each day of
such service.
d)
Any person who contravenes any provision of this By-Law is subject to having
their taxi and/or broker licence being revoked immediately by the Clerk and/or
the By-Law Enforcement Officer.
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14.
ENFORCEMENT AND REPEAL
a)
All terms of this By-Law shall be enforced by the By-Law Enforcement Officer
and/or the Clerk.
READ A FIRST, SECOND AND THIRD TIME AND FINALLY PASSED THIS 14TH
DAY OF FEBRUARY A.D., 2022.
...........................................
Mayor
(SEAL)
...........................................
Clerk
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Schedule "A" to By-Law No. 2019
"Passenger Bill of Rights"
Every passenger has the right to a driver who:
i.
Is licenced by the Municipality of Marathon
ii.
Is knowledgeable of the routes and destinations within the Municipality of
Marathon
iii.
Is courteous and helpful
iv.
Offers a safe, comfortable and smoke-free ride
v.
Maintains a clean vehicle
vi.
Knows and obeys all traffic laws
vii.
Gives a silent ride, if requested
viii.
Refrains from the use of handheld devices while driving
ix.
Assists passengers into the vehicles with their belongings, unless requested
otherwise
x.
Takes the most expeditious route
xi.
Provides a receipt for services, if requested