Taxicab By-law No. 63-2020 (office consolidation incl. amendments to 2023) — full text

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Motion 2020-215 OFFICE CONSOLIDATION of By-law 63-2020 as Amended by: By-Law 112-2022 June 7, 2022 By-Law 123-2023 July 25, 2023 By-Law 186-2023 November 28, 2023 THE CORPORATION OF THE COUNTY OF PRINCE EDWARD BY-LAW NO. 63-2020 A BY-LAW TO REGULATE AND GOVERN TAXICAB, LIMOUSINE BUSINESSES AND DELIVERY BUSINESSES REGULARLY USED FOR HIRE, THEIR OWNERS AND OPERATORS IN THE COUNTY OF PRINCE EDWARD WHEREAS Section 150 of the Municipal Act, 2001, S.O. 2001, c.25, as amended provides that a municipality may licence, regulate and govern any business wholly or partly carried on within the municipality; AND WHEREAS Section 155(1) of the Municipal Act, 2001, S.O. 2001, c.25, as amended, states that a by-law passed under Section 150 for licencing, regulating and governing owners and operators of Taxicabs and limousines 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 deems it necessary and appropriate to licence, regulate and govern Taxicabs, Limousine Businesses and other vehicles used for hire to ensure they are Operated and maintained in a safe, equitable and sanitary fashion NOW THEREFORE the Council of the Corporation of the County of Prince Edward enacts as follows; 1. Title of By-Law This By-law may be cited as the "Taxicab By-law" for the Corporation of The County of Prince Edward. 2. Purpose of By-Law The purpose of this By-law is: (a) to ensure that taxicabs used to transport members of the public in the County of Prince Edward are mechanically fit and that they operate in a safe and efficient manner; Motion 2020-215 (b) to enhance public safety by ensuring that only experienced and competent operators of good character are licenced as taxicab operators; and (c) to provide that the fares and rates are being regulated to protect the consumers by ensuring that fares and rates charged are fair to the public yet making it possible for the owners of taxicabs to properly operate and maintain their vehicles. 3. Definitions and Interpretations (as Amended by By-Law 186-2023) "APPLICANT" includes a person seeking a licence, or renewal of a licence or a person whose licence is being considered for revocation or suspension. "ACCESSIBLE TAXICAB" shall mean any taxicab equipped so that it may be used as a means of transportation for people with physical disabilities. "BUSINESS" means a trade that requires a licence pursuant to the by-law, whether or not a licence has been issued or maintained for that business. "BY-LAW" means this by-law, as it may be amended from time to time. The schedules attached to the by-law are considered integral parts of it. "BY-LAW ENFORCEMENT OFFICER" shall mean the By-Law Enforcement Officer / Provincial Offences Officer appointed by by-law by the Council of the Corporation of the County of Prince Edward. "CALL" within this meaning of the by-law shall include a request or direction for the use of a taxicab or delivery vehicle, transmitted by radio or radio-phone, or by personal request of a prospective passenger, or in any other manner. "CHIEF BY-LAW ENFORCEMENT OFFICER" shall mean the Chief By Law Enforcement Officer appointed by Council of the Corporation of the County of Prince Edward. "COUNCIL" means the elected municipal council for the Corporation of the County of Prince Edward. "DELIVERIES" (see goods) "DIRECTOR" shall mean the Corporate and Legislative Services, or their Designate. In the event of organizational changes, another person designated by Council to carry-out the administration and enforcement administration of this By-Law. "FARES / RATES" shall mean the cost of any employment or engagement of taxicab operator, taxicab, or combination thereof, for profit or gain or any fee charged through a dispatch brokerage. Motion 2020-215 "FEES & CHARGES BY-LAW" shall mean the yearly a by-law to establish fees and charges for services, activities, information, or use of county property provided or completed on behalf of the corporation of The County of Prince Edward fee or any successor by-law thereto. "GOODS" shall be defined as consumable goods delivered by vehicles and persons for hire in response to a call. "HIGHWAY" includes a common or public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof. "LICENCE" shall mean a licence to operate a business issued pursuant to this by-law. "LIMOUSINE" means a motor vehicle kept or used for hire for the conveyance of passengers by reservation Only and solely on an hourly basis, which has seating for no more than the manufacturer's specified number of passengers and a sufficient number of seatbelts for each operator and passenger, and shall not include a taxicab. "MECHANICAL FITNESS CERTIFICATE" means a certificate as defined in the regulations of the Highway Traffic Act, R.S.O. 1990, c.H.8. "MUNICIPALITY" shall mean the Corporation of the County of Prince Edward. "OPERATOR" is a person with care and control of a business at any given point of time, with authorization of the owner of the business. The terms "Operate", "Operation" and words of like import or intent have corresponding meanings. "OWNER" is a person with legal title to real or personal property of a taxicab or limousine business, including a motor vehicle. The terms "Own", "Ownership", "Operation" and words of like import or intent have corresponding meanings. "PASSENGER" means any person in a taxicab or limousine except a taxicab operator. "PERSON" shall mean any human being, association, firm, partnership, incorporated company, corporation, agent or trustee and any heirs, executors, successors, assigns or other legal representatives of a person to whom a contact can apply according to law. "POLICE" means the Chief of Police or other designated officer in charge of a police service within the County of Prince Edward, or his or her delegate. "ROOF SIGN" shall mean a light affixed to the roof of the taxicab vehicle indicating taxi business and number. "SCHEDULE" means a schedule in this by-law. Motion 2020-215 "TAXICAB" means a motor vehicle kept or used for hire for the conveyance of passengers or goods which has seating for no more than the manufacturers specified number of passengers and a sufficient number of seatbelts for each taxicab operator and passenger and shall not include a limousine. "TAXICAB OPERATOR" means a Operator of a taxicab, limousine or other vehicle used for hire licenced under this by-law and shall include owners, operators and brokers. "TAXICAB FARE RATE SCHEDULE" shall mean a flat rate charged by a taxicab operator pursuant to the provisions of the by-law. "TAXICAB METER" means a device or instrument affixed to a taxicab which measures mechanically or electronically, the distance driven and the time waiting upon which a fare is based, and which computes the amount of the fare chargeable for any trip for which a fare is chargeable. "TAXICAB OPERATOR" shall mean any person of a taxicab who is licenced as such under this by-law, and includes an owner who drives a taxicab. "TAXICAB OPERATOR'S IDENTIFICATION CARD" shall mean a photo identification worn by all licenced taxicab operators in a visible manner to all passengers stating their name and the owner who owns the taxicab. "TAXICAB OPERATOR'S LICENCE" shall mean a licence issued pursuant to the provisions of this by-law which permits a person to operate a taxicab in the County of Prince Edward. "TAXICAB OWNER" shall mean any person who is registered with the Ministry of Transportation for the Province of Ontario as the owner of a motor vehicle which may be used as a taxicab. "TAXICAB OWNER'S LICENCE" shall mean a licence authorized pursuant to the provisions of this by-law for a taxicab owner. "TAXI PLATE" means a metal plate issued by the County of Prince Edward to each taxicab and limousine or other vehicle used for hire. "TRADE" includes a business, calling or occupation and "carrying on a trade" includes any act of: (a) selling any goods or services; or (b) soliciting business or offering or exposing goods or services for sale or hire. "VEHICLE" means a taxicab or limousine or other vehicle used for hire as defined by this by-law. Motion 2020-215 APPLICATION OF BY-LAW 4. Licencing Requirements (a) No person shall use or permit the use of a motor vehicle in the County of Prince Edward for the purpose of providing transportation to the public or for delivery of goods to the public, for financial gain, reward or compensation unless a licence has been issued for the vehicle pursuant to the provisions of this by-law. (b) No person shall drive a taxicab or limousine unless a licence herein referred to as a taxicab operator's licence has been issued to that person pursuant to the provisions of this by-law. (c) No person shall permit a taxicab, limousine or any other motor vehicle owned or leased by that person to be operated as a taxicab or limousine unless the person operating the vehicle has a current valid taxicab operator's licence issued pursuant to the provisions of this by-law. (d) No person shall drive or operate a vehicle marked or identified as a taxicab without a current valid taxicab licence. (e) No licences pursuant to this by-law shall be required for the operation of a taxicab, limousine or accessible taxicab used for hire within the County of Prince Edward provided such taxicab, limousine or other vehicle used for hire and their operators are licenced by another municipality, and are operating for the sole purpose of discharging a passenger who was picked up outside the County of Prince Edward. 5. Duties of the Director (as Amended by By-Law 186-2023) DUTIES OF THE DIRECTOR The Director is responsible for the administration and enforcement of the provisions of this by-law and their duties include, but are not limited to: (a) receiving, reviewing and issuing all applications for taxicab owners licences, taxicab operators licences, limousine owners licences and applications to transfer licences; (b) keeping and maintaining a register of all taxicab owners licences, limousine owners licences, taxicab operators licences and any transfer of any taxicab owners licence which shall include the name of the owners of taxicabs, the vehicle make and the vehicle identification number of the vehicle for which the taxicab owners licence or limousine owners licence is issued; (c) receive and review and respond to any complaint from any person regarding a taxicab, taxicab operator, or taxicab or limousine owner; Motion 2020-215 (d) issuing all licences as may be authorized; (e) enforcing the provisions of this by-law in such a manner as the Director considers advisable. 6. Liability Insurance (as Amended by By-Law 186-2023) (a) Every taxicab owner who makes an application for a taxicab owner's licence pursuant to the provisions of this by-law or who receives a taxicab licence from the Director pursuant to this by-law shall carry liability insurance with a company authorized to issue indemnity policies in the Province of Ontario. Such insurance shall: (i) be valid for a period of time that extends to or beyond the expiry of the current taxicab owners licence; (ii) insure the taxicab licencee in the amount of $2,000,000.00 against liability in respect of any accident arising out of the operation of the vehicle for which the application is being made or for which the taxicab licence has been issued; (iii) cover loss or damage resulting from bodily injury to or death of one or more persons and loss or damage to property regardless of the number of claims arising from any one accident and including passenger hazard; (iv) contain a clause specifying that the insurer which is insuring the taxicab licencee shall, fifteen (15) days prior to the cancellation of any policy issued by it, notify the Director by registered mail of its intention to cancel or not renew the said policy. (b) Every taxicab owner who makes an application for a taxicab owners licence or transfer of such licence pursuant to the provisions of this by-law or who receives a taxicab owners licence from the Director, Director pursuant to this by-law shall file proof of such insurance with the Director. (c) Every taxicab owner who receives a taxicab owners licence from the Director pursuant to this by-law shall ensure that such insurance policy is kept in force during the periods for which it or any renewal thereof is in effect and should the policy not be kept in force for any reason whatsoever, the Director may cancel the taxicab licence forthwith. Motion 2020-215 (d) Every limousine owner who makes an application for a limousine owners licence pursuant to the provisions of this by-law or who receives a limousine licence from the Director pursuant to this by-law shall carry liability insurance with a company authorized to issue indemnity policies in the Province of Ontario. Such insurance shall: (i) be valid for a period of time that extends to or beyond the expiry of the current limousine owners licence; (ii) insure the limousine licencee in the amount of $2,000,000.00 against liability in respect of any accident arising out of the operation of the vehicle for which the application is being made or for which the limousine licence has been issued; (iii) cover loss or damage resulting from bodily injury to or death of one or more persons and loss or damage to property regardless of the number of claims arising from any one accident and including passenger hazard; (iv) contain a clause specifying that the insurer which is insuring the limousine licencee shall, fifteen (15) days prior to the cancellation of any policy issued by it, notify the Director by registered mail of its intention to cancel or not renew the said policy. (e) Every limousine owner who makes an application for a limousine owners licence or transfer of such licence pursuant to the provisions of this by-law or who receives a limousine owners licence from the Director pursuant to this by-law shall file proof of such insurance with the Director. (f) Every limousine owner who receives a limousine owners licence from the Director pursuant to this by-law shall ensure that such insurance policy is kept in force during the periods for which it or any renewal thereof is in effect and should the policy not be kept in force for any reason whatsoever, the Director may cancel the limousine licence forthwith. (g) Every delivery vehicle owner who makes an application for a delivery owner vehicle licence pursuant to the provisions of this by-law or who receives a delivery vehicle owners licence from the Director pursuant to this by-law shall carry commercial liability insurance with a company authorized to issue indemnity policies in the province of Ontario. Such insurance shall: Motion 2020-215 (i) be valid for a period of time that extends to or beyond the expiry of the current delivery vehicle owners licence; (ii) insure the delivery vehicle licencee against liability in respect of any accident arising out of the operation of the vehicle for which the application is being made or for which the delivery vehicle licence has been issued; (iii) cover loss or damage resulting from bodily injury to or death of one or more persons and loss or damage to property regardless of the number of claims arising from any one accident and including passenger hazard; (iv) contain a clause specifying that the insurer which is insuring the delivery vehicle licencee shall, fifteen (15) days prior to the cancellation of any policy issued by it, notify the Director by registered mail of its intention to cancel or not renew the said policy. (h) Every delivery vehicle owner who makes an application for a delivery vehicle owners licence or transfer of such licence pursuant to the provisions of this by-law or who receives a delivery vehicle owners licence from the Director pursuant to this by-law shall file proof of such insurance with the Director. (i) Every delivery vehicle owner who receives a delivery vehicle owners licence from the Director pursuant to this by-law shall ensure that such insurance policy is kept in force during the periods for which it or any renewal thereof is in effect and should the policy not be kept in force for any reason whatsoever, the Director may cancel the delivery vehicle licence forthwith. 7. Number of Taxi Plates Issued Not more than thirty (30) taxicab licences shall be issued for the County of Prince Edward. Not more than ten (10) licences shall be granted to any one company. 8. Taxicab Owner, Limousine Owner and Taxicab Operator Licence Expiration (as Amended by By-Law 186-2023) (a) Every licence for a taxicab owner, limousine owner or taxicab operator issued under the provisions of this by-law shall, unless sooner revoked or cancelled, expire on the 31st day of March next date of issue thereof. (b) A separate taxicab owner's licence is to be obtained for each taxicab. The licence fees are to be paid as follows: Motion 2020-215 (i) for each taxicab, created or added to the business, an entry fee for a new licence as per the Fees & Charges By-Law, as amended shall be paid and a renewal fee shall be paid annually thereafter prior to the 31st of March; (ii) An owner who sells, exchanges or otherwise disposes of a taxicab shall ensure that replacement vehicles meet all taxicab criteria contained in this by-law before operating the vehicles. The replacement fee for transfer from one motor vehicle to a replacement motor vehicle as outlined in the Fees & Charges By-Law shall be paid before operation of the vehicle is permitted. The criteria to be met for a licence transfer from one motor vehicle to a replacement motor vehicle shall include all the items listed in Section 12 of this by-law with the exception of Sections 12(a) vii, viii, and x. (c) Every person licenced under this by-law shall upon changing his or her address, notify the Director within (30) days and provide a new address. 9. Photograph (as Amended by By-Law 186-2023) The Director shall take a photograph of every applicant, which shall be filed with the municipality, and upon application for renewal of licence, the applicant shall attend for a new photograph if so required to do so by the Municipality. 10. Taxi Operators Identification No person shall operate a vehicle or permit a vehicle to be operated without displaying a current taxicab operator information card contained in a holder provided by the County of Prince Edward in the interior of the vehicle and in such a position as to be fully visible to all passengers at all times. 11. Disclosure of Personal Information It shall be a condition of every licence that an owner or operator shall consent to the disclosure of all records and personal information with respect to any licence application, approval, refusal or revocation to any law enforcement agency, provincial ministry, federal department, agency, board or commission thereof or any other municipality, pursuant to the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c.m.56,s.32. Motion 2020-215 12. Application for Taxicab or Limousine Owner's Licence (as Amended by By-Law 112-2022) (a) Any person who desires to obtain a taxicab owners licence or a taxicab operators' licence shall provide a Vulnerable Sector Screening, commencing with a new licence application, then provide it every other year with a Level 1 Criminal Record Check every year and shall submit an application form as set out on Schedule 'A' attached to this by-law with the following information: (i) The name, address and telephone number of the owner and / or lessor of the vehicle, if not the applicant. (ii) A copy of a current permit issued pursuant to the provisions of Section 7 of the Highway Traffic Act R.S.O. 1990, Chap. H8 as amended. (iii) The licence plate number of the vehicle. (iv) A Certificate of Mechanical Fitness issued by a duly qualified and licenced mechanic certifying that the vehicle is mechanically fit. This certificate must be dated within fifteen (15) days of the date of the application. (v) Proof of Insurance and details of insurance in accordance with this by-law. (vi) The make, model, year, and seating capacity of the motor vehicle for which the licence is sought. (vii) A Level 1 Criminal Record Check every year and from a Police Service Board. (viii) A pardon or a completed application for a pardon with applicable fees if the applicant has a prior criminal record. (ix) The manufacturer's vehicle identification number that is permanently affixed to the vehicle. (x) The licence fee as set out on the Fees & Charges By-Law payable to the Corporation of the County of Prince Edward, which shall be a non-refundable fee for the application. (as Amended by By-Law 186-2023) (xi) A Taxi/Limousine Inspection Report compiled by the By-Law Enforcement / Provincial Offences Officer(s), verifying compliance of the vehicle within the parameters of this by-law. Motion 2020-215 13. Application for Taxicab Operator's Licence (as Amended by By-Law 123-2023) a. All record suspensions (pardons) as authorized for release by the Minister of Public Safety. In general, individuals with past Criminal Code convictions for certain offences will not be granted a licence under this by-law. These offences include but not limited to, the following with exclusion time frames listed: If imposed in the last 10 (ten) years: (i) any crime of violence including but not limited to, all forms of assault; or (II) any criminal offence involving a minor or minors; or (iii) any offence involving fraud under $5,000. If imposed at any time: (i) any criminal offence involving the possession, distribution, or sale of any child- related pornography; (II) any sexual offence involving a minor or minors; or (iii) any offence involving fraud above $5,000. 14. Licensing Provisions An applicant is entitled to be licenced and a licence is entitled to have such licence renewed, except where: (a) the past conduct of the applicant or licencee affords reasonable grounds for the belief that the applicant or licencee will not carry on the activity for which the applicant is licenced in accordance with law and with integrity and honesty; or (b) the issuance of the licence or renewal of the licence would be contrary to the public interest; or (c) the applicant or licencee is carrying on activities that are, or will be, if the applicant is licenced, in contravention of this by-law; or (d) there are reasonable grounds for belief that the premises, accommodation, equipment, vehicles, or facilities in respect of which the licence is required do not comply with the provisions of this by-law or other applicable law; or Motion 2020-215 (e) where the applicant or licencee is a corporation; (f) the past conduct of the officers or directors affords reasonable grounds for the belief that the applicant or licencee will not carry on the activity for which the applicant is to be licenced in accordance with law and with integrity and honesty; or (g) the issuance of the licence or renewal of the licence would be contrary to the public interest. 15. Refusal to Issue or Revocation/Suspension of a Licence (as Amended by By-Law 186-2023) (a) (i) Where the Director refuses to issue, renew, has denied, believing that the applicant or licencee, would be disentitled to a licence or a renewal thereof for any of the reasons set out in this by-law, the Director shall not issue the licence. (b) The Director may revoke, suspend or refuse to renew or issue a licence: (i) where the licencee would not qualify for a licence or would be disentitled to a renewal of a licence on the grounds set out in this by-law; or (ii) where the licencee has been the subject of repeated, established complaints regarding the operation of the business; or (iii) where the licencee has been found by the Director to be operating more vehicles than the licencee has plates for; or (iv) where the licencee has been found by the Director to have failed to comply with any of the provisions of this by-law; or (c) If the Director refuses to issue or refuses to renew a licence, or or suspends or cancels a licence, a written notice advising the applicant or licencee of the decision being made by the Director with respect to the licence shall be given to the applicant or licencee by the Director. (d) The written notice shall: (i) set out the grounds for the revocation, refusal, suspension or renewal; Motion 2020-215 (ii) give reasonable particulars of the grounds for the revocation, refusal, suspension or renewal; (iii) be signed by the Director; and (iv) inform the applicant or licencee that they are entitled to a hearing before the Appeals Committee, if they deliver, within ten (10) working days after the date of service of the written notice, or the date of personal service of the written notice, whichever is later, a written request for a hearing before Council. (e) On a written request for an appeal, under section 15 of this By-Law shall be heard in accordance with the Appeals Committee By-Law 152-2023, as amended from time. 16. Transfer of Licences (as Amended by By-Law 186-2023) (a) No taxicab operator's licence shall be transferred. (b) No taxicab owner's licence that has been issued pursuant to the provisions of this by-law shall be transferred to any other person, corporation, business or association without approval of the Director. (c) Any person to whom an existing taxicab owner's licence is being transferred shall make an application for such licence and comply with all requirements as set out in this by-law. (d) No person shall enjoy a vested right in the continuance of a taxicab licence plate, or taxicab operator's licence, and upon the issue, renewal, transfer, cancellation or suspension thereof the value of a licence shall be the property of the Corporation of the County of Prince Edward. Upon revocation or suspension of a licence, the Corporation of the County of Prince Edward has no obligation to refund the value of the licence or any portion thereof. 17. Taxicab Operator Every person licenced as a taxicab operator under this by-law shall: (a) Place their current taxicab operator's identification card in the holder provided by the taxicab owner so that it may be conveniently seen and read by passengers. (b) Travel by the most direct route to the point of destination, unless otherwise directed by the person engaging the taxicab. Motion 2020-215 (c) While driving his or her cab, shall be properly dressed, neat and clean in his or her person, and be civil and well behaved. (d) Ensure that his or her vehicle is clean, neat and tidy and suitable for carrying passengers according to this by-law. (e) Not carry in any taxicab or limousine used for hire a greater number of occupants or persons than the manufacturer's rating of seating capacity of such vehicle. 18. Inspections The Licencing Officer, or By-Law Enforcement Officer, Municipal Law Enforcement Officer, Chief By-Law Enforcement Officer, Police, MTO Inspectors or any other persons acting under those persons or any person authorized by Council may at reasonable times during business hours and upon producing proper identification, inspect any vehicle licenced or submitted for licencing under this by-law. If any inspection, at any time, results in a taxicab or limousine or accessibility taxicab used for hire being found to be in an unsafe or hazardous condition, the inspector shall immediately remove the taxi plate from the vehicle and inform the owner that the vehicle has been found to be unsafe or hazardous. 19. No Obstructions No person shall obstruct, hinder or interfere in any way with any person designated to enforce this by-law. 20. Posting of Taxi Plates Where a licencee is issued a taxi plate obtained under this by-law, the licencee shall securely affix the taxi plate to the right rear end of the designated taxicab or affix it to the licence plate at a location clearly visible to any person located behind the taxicab. 21. Vehicle Requirements (a) No owner or operator shall permit any vehicle to be used as a taxicab or limousine within the County limits unless the vehicle is in proper working order, meets all provincial safety certification standards and has a current licence issued by the Province of Ontario. (b) No owner or operator shall permit a taxicab to operate within the County of Prince Edward without being equipped with a roof sign in place on the roof of the taxicab, which shall: Motion 2020-215 (i) display the taxicab business's identification with lettering which is visible to the public; (ii) be connected in such manner as to be extinguished when the taxicab is in service. TAXICAB FARE RATES 22. Tarif of Fees (a) No owner or operator shall permit a taxicab to operate within the County without being equipped with a current tariff of fees, issued by the County of Prince Edward, with rates as set out in the Fees & Charges, ad amended from time to time affixed to the interior of the vehicle so as to be visible to all passengers. (as Amended by By-Law 186-2023) (b) Limousine owners and delivery vehicle owners shall set their own tariff of fees and shall post these in the vehicles. (c) No owner or operator licenced under this by-law shall publish or use a tariff or demand or receive rates and charges greater than those authorized by this by- law. (d) No taxicab owner or operator licenced under this by-law shall be entitled to receive or recover any fare or charge from any person that is greater than the fares authorized by this by-law. (e) No licenced person shall make any charge under this by-law for time lost for defects or efficiency of the taxicab, or the competency of the operator thereof, or for lost time consumed by the arrival of the taxicab in response to a call in advance of the time such taxicab has been requested. (f) Every taxicab owner shall ensure that each taxicab licenced under this by-law shall contain an approved first aid kit and fire extinguisher, as well as a child safety seat that meets CAN standards. (g) In accordance with the Accessibility for Ontarians with Disabilities Act (AODA), 2005 and Ontario Regulation 191/11- Integrated Accessibility Standards, owners and drivers of Taxicabs are prohibited from charging a higher fare or an additional fee for persons with disabilities than for persons without disabilities for the same trip and from charging a fee for the storage of mobility aids or mobility assistive devices. (h) In accordance with the Accessibility for Ontarians with Disabilities Act, all services animals shall be permitted to accompany their owner in the taxi. (i) Taxicabs may be rented by one passenger or passengers travelling as a group by the hour, to any point beyond the County Motion 2020-215 of Prince Edward, as per Section 23 Alternative Rate Fares, where the rate is negotiated between the specific cab owner and the person intending to hire the taxi before use. (j) The rate may be negotiated between the specific cab owner and the person hiring the taxi before use, where the taxicab is picking up passengers at one location and making multiple stops. (k) A taxicab operator shall not pick up a second fare without the consent of the original fare. If second fare allowed, the fee may be negotiable. (l) A taxicab operator transporting vulnerable persons while under contract to the School Board, a Day Care Operator or similar business shall not pick up additional fares. 23. Alternative Rate Fares (a) A taxi cab owner or taxi cab operator may charge a flat rate in certain circumstances. This rate is to be determined by the specific cab owner for the trip traveled and revealed to or negotiated with the person intending to hire the taxi before use. (b) The flat rate shall only be charged in the following cases: (i) transportation of persons living with a disability in taxis equipped with accessibility equipment; (ii) contracts with service agencies and school boards; (iii) for transportation to and from outside the County of Prince Edward; (iv) Tariff of Fees shall be posted in accessibility equipped vehicles. 24. Enforcement / Applicability - General (as Amended by By-Law 186-2023) Motion 2020-215 (a) If any provision or requirement of this by-law or the application thereof to any person shall to any extent be held to be invalid or unenforceable, the remainder of this by-law or the application of such provision or requirement to all persons other than those to which it is held to be invalid or unenforceable shall not be affected thereby and it is hereby declared to be the intention of the Council that each provision and requirement of this by-law shall be separately valid and enforceable to the fullest extent permitted by law. (b) Every taxicab licencee or taxicab operator licenceeshall, prior to being issued a taxicab licence or taxicab operator's licence pursuant to the provision of this by- law, execute and agreement whereby the said taxicab licencee or taxicab operator licencee agrees to indemnify and save harmless the Corporation of the County of Prince Edward from any loss, damage, injury or claim whatsoever that may arise out of the operation of the cab in the form as set out in the Fees & Charges By-Law, or any successor. (c) All licence and other fees, shall be remitted in accordance with the Fees and Charges By-Law, as amended from time to time. (d) That Schedules 'A,' 'B', 'C', 'shall form part of this by-law, entitled as follows: (i) Schedule 'A' - Taxi Cab Owner's Licence Application. (ii) Schedule 'B' - Taxi Cab Operator's Licence Application. (iii) Schedule 'C' - Waiver of Liability. 25. Offences/Penalties Any person who contravenes any portion of this by-law is guilty of an offence and upon conviction is liable to such fines and other penalties as provided for under the Provincial Offences Act, R.S.O. 1990, c.P-33, as amended. 26. Repeal The following by-laws are here by rescinded: - Corporation of the County of Prince Edward By-Law 1757-2006 27. Effective Date This By-law shall come into force and take effect on the date of its passing. Motion 2020-215 Read a first, second and third time and finally passed this 12th day of May, 2020. Original By-Law Signed By: Original By-Law Signed By: ___________________________ ___________________________ Catalina Blumenberg, CLERK Steve Ferguson, MAYOR Motion 2020-215 THE CORPORATION OF THE COUNTY OF PRINCE EDWARD TAXI CAB, LIMOUSINE, AND DELIVERY VEHICLE OWNER'S LICENCE APPLICATION SCHEDULE "A" TO BY-LAW NUMBER 63-2020 NEW RENEWAL (Circle One) Date: ____________________ Applicant Name: __________________________________________________ Name of all other owners and interest of each: _________________________________________________________________ Name and style of Applicant's Business: _______________________________ Business Address: ___________________________________________________ ___________________________ Business Licence No. _____________________ Insurance on listed cars fully covered as required and set out in the bylaw governing taxicabs for hire within the County of Prince Edward. Name of Insurance Company: _______________________________________ Agent: __________________________________________________________ Policy Number: _____________________________ Expiry Date: ___________ I, We _____________________________ hereby certify that the above information is correct. Applicant: ___________________________________ Applicant: ___________________________________ Vehicle Owner (if necessary): _____________________________ Description of Vehicle Cab Licence No. MAKE YEAR MODEL COLOUR PLATE NO. VIN Seating Capacity: ___________ Accessible Vehicle: Yes / No Replacement Vehicle Cab Licence No. Motion 2020-215 Seating Capacity: ___________ Accessible Vehicle: Yes / No If vehicle not owned by applicant, please provide the following: Owner's Name: ____________________________ Telephone: _____________ Address: ________________________________________________________ Criminal Record Declaration or Charges Pending. __________________________________________________________________________ __________________________________________________________________________ ____________________________________________________________________ Motion 2020-215 THE CORPORATION OF THE COUNTY OF PRINCE EDWARD APPLICATION FOR TAXI OPERATOR'S LICENCE FOR ______________ SCHEDULE "B" TO BY-LAW NUMBER 63-2020 NEW RENEWAL (Circle One) Date: ______________________ NOTE: In order to submit this application you must provide copies of: * Proof of work status (i.e. Social Insurance Card, Birth Certificate, work permit, Passport or Canadian Citizenship) * Valid Ontario Driver's Licence * Criminal Records Check or Federal Pardon (No more than thirty (30) days old) * Ontario Ministry of Transportation Driver's Abstract (No more than thirty (30) days old) * Two passport type photos two (2) inches by two (2) inches * All applications must be properly commissioned prior to submission. Name of Applicant: ________________________________________________ Address of Applicant: ______________________________________________ SIN No.: ____________________ Driver's Licence No.:____________________ Date of Birth: ________________ Telephone No.: ________________________ For Office Use Only Criminal Records MTO Driver's Abstract Taxi Operator's Licence No.: __________________________ Criminal Record Declaration and Charges Pending Motion 2020-215 THE CORPORATION OF THE COUNTY OF PRINCE EDWARD WAIVER OF LIABILITY SCHEDULE "C" TO BY-LAW NUMBER 63-2020 The undersigned taxicab licencee or taxicab operator licencee, limousine licencee or delivery vehicle licencee hereby covenants and agrees to indemnify and save harmless the Corporation of the County of Prince Edward from and against all actions, causes of action, losses, liens, damages, suits, judgments, orders, awards, claims and demands whatsoever, whether the same shall be with or without merit, and from all costs to which the Corporation of the County of Prince Edward may be put in defending or settling any such action causes of actions, suits, claims or demands which may arise either directly or indirectly by reason of or as a consequence of or in anyway related to the operation of the taxicab for which this taxicab licence or taxicab operator's licence shall be issued. Date: ___________________ Signature: Name (please print): Date: ___________________ Witness: Name (please print): Motion 2020-215 THE CORPORATION OF THE COUNTY OF PRINCE EDWARD LICENCE AND OTHER FEES SCHEDULE "D" TO BY-LAW NUMBER 63-2020 ITEM LICENCE / FEE TYPE FEE PAYABLE 1. TAXICAB OWNER LICENCE FEES For each new taxicab owner's vehicle licence For first year or each renewal taxicab owner's vehicle licence * new taxicab vehicle licence six (6) months or less $300.00 per annum $200.00 per annum $100.00 2. OPERATOR'S LICENCE FEES New taxicab operator's licence application Renewal taxicab operator's licence application $50.00 per annum $25.00 per annum 3. MISCELLANEOUS For transfer of a taxicab owner's licence from one motor vehicle to a replacement motor vehicle: For replacement of taxicab owner's licence or taxicab operator's licence, if either are lost or destroyed: Operator and owner transfer fee: Parking levy for parking space in front of the Royal Hotel (each taxicab company is permitted parking space): Replacement of taxicab owner's licence plate: Maximum number of taxicab owner's licences to be issued at any one time within the County of Prince Edward. Maximum number of taxicab owner's licences per company or owner is: $10.00 $20.00 $5.00 $150.00 $35.00 30 10 4. Taxicab owner and taxicab operator licences fees may be applied on a 50% descending rate within six (6) months of the determined renewal date. * This does not apply to new or additional taxicab owners licence applications or new taxicab operators licence applications. 5. Delivery vehicles Limousines not used as taxicabs $200.00 per annum $200.00 per annum Motion 2020-215 THE CORPORATION OF THE COUNTY OF PRINCE EDWARD LICENCE AND OTHER FEES SCHEDULE "E" TO BY-LAW NUMBER 63-2020 EFFECTIVE JANUARY 1, 2022 as Amended by By-Law 112-2022 Maximum Taxicab Rates for Fares Originating from Picton or Pick Up Returning to Picton From Picton to: From Destination to Picton: Big Island Road North and Allison Road $35.20 Black River Cheese Factory County Rd. 13 $24.20 Bloomfield - far westerly village limits $17.60 Carrying Place Loyalist Parkway $69.30 Cement Plant County Road 49 $15.40 Cherry Valley - Stop sign at County Rd. 10 & 18 $19.80 Consecon $56.10 Crofton - Corner of Hwy 62 and Burr Road $35.20 Demorestville $25.30 Fawcettville $11.00 Fish Lake Road - at County Road 49 end $28.60 Four Corners of County Road 1 and 2 $29.70 Glenora Ferry Hwy 33 $16.50 Hallowell House Nursing Home $12.10 Hayloft Salmon Point Road $30.80 Isaiah Tubbs Resort County Road 12 $24.20 Corners of County Road 1 and Hwy 62 $24.20 Lake on the Mountain Provincial Park $19.80 Long Point area $64.90 Macaulay Village - Prince Edward Heights $11.00 McFarland Nursing Home/ Wellings of Picton $11.00 Milford County Road 10 $22.20 Northport County Road 15 $37.40 Motion 2020-215 Picton - Within Town Limits $9.90 Point Petre - Simpson's Crossroad $37.40 Prinyers Cove $64.90 Roses Crossroad at County Road 7 or 8 $35.20 Rossmore $55.00 Sandbanks Provincial Park - Store/ Campsites $35.20 Sandbanks Provincial Park - Gates $30.80 Salmon Point Church Salmon Point Rd $24.20 Sandy Hook Road between Loyalist Pkwy and Cty Rd 10 $12.10 Shelter Valley Trailer Park County Rd 10 $13.20 Upper Lake Street $11.00 Waupoos Marina $30.80 Wellington $35.20 West Lake Terrace Nursing Home County Rd 12 $24.20 Belleville - to Front Street South $58.30 Belleville - to Front Street North $60.50 Belleville - Train Station $60.50 Deseronto $42.90 Kingston $121.00 Marysville $46.20 Napanee $68.20 Toronto - Pearson Airport $467.50 Trenton $77.00 All stops up to five minutes waiting $4.00 All deliveries, Town of Picton $9.00 All deliveries, Macaulay Village, Prince Edward Heights $10.00 All prices out of Picton beyond listed reference point $1.60 per km Motion 2020-215 The fare charged shall be a maximum of $1.60 per kilometer from Picton to any location not listed above. Any fare picked up outside Picton shall be charged the price starting from Picton to the listed or non-listed destination. All stops en route $3.00 for every five minutes stopped Other Waiting $45.00 per hour Delivery Calls The regular passenger fare plus the $3.00 stop fee. CORPORATION OF THE COUNTY OF PRINCE EDWARD PART I Provincial Offences Act By-Law No. 63-2020 Being a By-Law to Regulate and Govern Taxicab, Limousine Businesses and Delivery Businesses Regularly Used for Hire, Their Owners and Operators in The County of Prince Edward ITEM COLUMN 1 Short Form Wording COLUMN 2 Provision creating or defining offence COLUMN 3 Set Fine 1. Use motor vehicle to transport public without licence 4(a) $300 2. Use motor vehicle to deliver goods to public without a licence 4(a) $300 3. Permit use of motor vehicle to transport public without a license 4(a) $300 4. Permit use of motor vehicle to deliver goods to public without licence 4(a) $300 5. Drive taxicab without licence 4(b) $100 6. Drive limousine without licence 4(b) $100 7. Permit operation of taxicab without operator's licence 4(c) $300 8. Permit operation of limousine without operator's licence 4(c) $300 9. Drive vehicle identified as taxicab without licence 4(d) $300 10. Fail to have insurance while licensed - taxicab 6(c) $1,000 11. Fail to have insurance while licensed - limousine 6(f) $1,000 12. Fail to have insurance while licensed - delivery vehicle 6(i) $1,000 13. Person licensed fail to update address 8(c) $100 14. Operate without displaying current operator information card 10 $100 15. Permit operation without displaying current operator information card 10 $100 16. Operator fail to display taxicab operator identification card 17(a) $100 17. Operator fail to travel most direct route 17(b) $100 18. Operator fail to be civil while driving 17(c) $100 19. Operator fail to ensure vehicle is clean 17(d) $100 20. Operator carry occupants exceeding seating capacity 17(e) $100 21. Obstruct by-law enforcement officer 19 $300 22. Failure to affix taxi plate 20 $100 23. Owner permit use of taxicab not in proper working order 21(a) $100 24. Operator permit use of taxicab not in proper working order 21(a) $100 25. Owner permit use of limousine not in proper working order 21(a) $100 26. Operator permit use of limousine not in proper working order 21(a) $100 27. Owner permit operation of taxicab without roof sign 21(b) $100 28. Operator permit operation of taxicab without roof sign 21(b) $100 29. Permit operation of taxicab without visibly posting tariff of fees 22(a) $100 30. Limousine owner fail to post fees 22(b) $100 31. Delivery vehicle owner fail to post fees 22(b) $100 32. Demand or receive rates and charges greater than authorized 22(c) $300 33. Charge for lost time 22(e) $100 34. Taxicab fail to contain safety equipment 22(f) $100 35. Charge higher fare for disabled person 22(g) $100 36. Charge fee for mobility aids 22(g) $100 37. Pick up second fare without consent 22(k) $100 38. Pick up additional fares while transporting vulnerable persons 22(l) $100 NOTE: The penalty provision for the offences indicated above is section 25 of By-Law No. 63-2020, a certified copy of which has been filed. W. Vincent Clifford Regional Senior Justice Ontario Court of Justice - East Region The fine amounts listed above have been approved by the Regional Senior Justice. Dated February 7, 2023 Electronic Signature: