Taxi By-Law No. 19 of 2018

Sarnia, Ontario

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BY-LAW NUMBER 19 OF 2O1B OF THE CITY OF SARNIA "A By-Law to Regulate and Licence Taxis and other Vehicles for Hire" (Re: Taxi By-Law) WHEREAS The Corporation of the City of Sarnia is authorized by Section 156 of the Municipal Act, 2OOL, as amended, to pass by-laws for licensing, regulating, and governing the owners and drivers of taxi cabs; AND WHEREAS The Corporation of the City of Sarnia is desirous of enacting such â by-l¿¡¡ where the power to licence and regulate is delegated to the Chief of Police Services and the Police Services Board for the City of Sarnia; NOW THEREFORE The Corporation of the City of Sarnia enacts as follows: PART I - DEFINITIONS In this by-law: a) "Certificate of Mechanical Fitness" means a certificate prepared and signed by a mechanic certified by the Province of Ontario prepared substantially in the form of a Safety Standard Certificate, as that term is understood, from time to time, by the trade of automobile mechanics in Ontario; b) "Chief of Police" means the Chief of the Police Services for 1 1 f) c) d) e) s) h) i) i) the City of Sarnia; "Council" means the Council for The Corporation of the City of Sarnia; "Driver's Licence" means a licence authorized by the Chief of Police and issued under section 14 of this By-law for the operation of a Vehicle for Hire; "Limousine" means a Vehicle described as a limousine by its manufacturer, that can carry approximately ten passengers, and is usually hired on an hourly or daily basis by contract; "Meter Identification Number" means an identifying number attached to the Taxi Meter by the Sarnia Police Service; "Operate" means to drive a vehicle that is available for hire; "Owner" means the person or company to whom a Vehicle Registration Permit from the Province of Ontario has been issued for a Vehicle to be used as a Vehicle for Hire; "Owner's Licence" means a licence authorized by the Chief of Police and issued under section 5 of this By-law for a Vehicle to be utilized as a Vehicle for Hire; "Police Criminal Record Search" means a complete search, conducted by the Sarnia Police Service, disclosing any record of Criminal Convictions for which a pardon has not been granted for offences under the criminal code, the Controlled Drugs and Substances Act, or the Food and Drug Act; "Police Services Board" means the Police Services Board 2 k) for the City of Sarnia Police Services; l) "Prescribed Fee" means the fee as set out in the Sarnia Police Service schedule of fees as approved by the Sarnia Police Service Board m) "Safety Standards Certificate" means a safety standards certificate issued pursuant to the Highway Traffic Act; n) "Shuttle" means a Vehicle, usually a van, that carries a number of passengers from one origin to one or more destinations, or from one or more origins to one destination, usually for a fixed fee per passenger; o) "Tariff Rate" means the amount of money calculated for a trip by a Taxi Meter; p) "Taxi" means a Vehicle for Hire that is not a Limousine or Shuttle; q) "Taxi Meter" means a meter approved by the Chief of Police and installed in a licenced Vehicle for the purpose of calculating the tariff, either by mileage or time, for its passengers; r) "Taxi Plate" means the number metal plate issued under this By-law to be affixed to a Taxi; s) "Trip Within the City" means the conveyance of goods or people whether wholly within the Municipality of Sarnia, or from or to any point not more than five (5) kilometres beyond the limits of the Municipality of Sarnia; t) "Vehicle" means any equipment manufactured and/or designed to carry one or more persons for use on roadways and highways; drawn, propelled, or driven by any kind of power (including muscular power); but not 3 2 including vehicles running only upon rails, or a motorized snow vehicle. u) "Vehicle for Hire" means any Vehicle while used for the conveyance of goods or passengers and driven or operated for a fee, or as a benefit to a good or service for which a fee is charged, except those set out in Sections 37 and 38 of this By-law. v) "vulnerable sector check" means a search of the pardoned sexual offender database for those persons dealing with the elderly, children, infirmed, or disabled individuals. PART II - DUTIES AND RESPONSIBILITIES The Chief of Police and Police Services Board are hereby delegated the powers that are ascribed to the Chief of Police and Police Services Board, respectively, in this By-law and they shall have the power to delegate such powers from time to time, as they determine to be appropriate. PART III . LICENCING REOUIREMENTS - OWNERS No person or company shall use or operate a Vehicle, or allow the same to be used or operated, as follows: a) as a Vehicle for Hire for any Trip Within the City; or b) as a Vehicle for Hire parked or stopped within the Municipality of Sarnia for the purpose of soliciting goods or passengers, which includes passively waiting for passengers where the Vehicle was not specifically dispatched for that passenger; 4 3 il 4 without a valid Owner's Licence for that Vehicle issued by the Chief of Police. An Owner's Licence shall expire on December 3lst next following the issuance of the licence and shall be renewed annually by filing an application with the Chief of Police before January 31't of the next year in the form prescribed by the Chief of Police along with the prescribed fee. An Owner's Licence shall be issued by the Chief of Police so long as the Chief of Police is satisfied as to receipt of the following information: a) the correct and valid current address for the person or company; b) receipt of payment of the prescribed licence fee; c) proof that the applicant is the registered owner of the Vehicle; d) A Certificate of Insurance evidencing that there is in force, covering the subject Vehicle for the term of the Owner's Licence, a policy of insurance with a company lÍcenced to do business in Ontario, for public liability and property damage, and including passenger hazard, in the amount of at least $2,000,000.00 (two million) dollars, inclusive limits; and such Certificate shall contain an agreement by the insurer that such policy shall not be cancelled or amended so as not to satisfy the requirements of this Subsection 5(d) wíthout at least 30 days prior written notice to the Chief of Police; and 5 5 il 6 e) A valid Certificate of Mechanical Fitness for the subject Vehicle, dated not more than 30 days in advance of the date of application for the Owner's Licence. PART IV . CONDITIONS FOR USE OF LICENCE - OWNERS An Owner's Licence applies only to the Vehicle for which it was issued, or validly transferred in accordance with Section B of this By-law, and every owner shall ensure that a taxi plate issued by the Chief of Police evidencing an Owner's Licence is at all times: (a) securely attached to the rear left hand side of the Vehicle bumper to which the Owner's Licence applies, and (b) placed as to be clearly visible to the public at all times, and not in a position and manner as to confuse the identity of the rear provincial licence plate number. An Owner's Licence may be transferred to a new Owner if the Vehicle to which it applies is sold. The new owner of the vehicle shall not use the vehicle as a Vehicle for Hire unless and until: a) the new Owner has submitted an application for licence transfer to the Chief of Police; b) the application submitted is determined by the Chief of Police to satisfy the provisions of Subsections 5 (a), (c), (d) and (e) of this By-law; and c) the prescribed fee is paid to the Chief of Police with the applÍcation. An Owner's LÍcence may be transferred to a new Vehicle if the Vehicle for which the Owner's Licence was issued is no longer to 7 B 6 9 be used as a Vehicle for Hire. No person shall use the new vehicle as a Vehicle for Hire until the owner has transferred the license to the new vehicle and such transfer shall not be effective until: a) the Owner has submitted an application for licence transfer to the Chief of Police; b) the application submitted is determined by the Chief of Police to satisfy the provisions of Subsections 5 (a), (c), (d) and (e) of this By-law; and c) the prescribed fee ís paid to the Chief of Police with the application. Every vehicle owner licensed under this bylaw shall report lost/defaced or destroyed taxi plate. A Taxi plate issued by the Chief of Police to evidence an Owner's Licence that is defacecl, lost or destroyed, ffiây be replaced by the Chief of Police upon the licence being accounted for to the Chief's satisfaction. The prescribed fee will be paid by the owner requesting the replacement. 10. The taxi plate issued by the Chief of Police shall meet the requirements of Ontario Regulation L9t/L1, as amended, under the Accessibility For Ontarians With Disabilities Act, 2005. Current requirements dictate that the plates: a) be consistently shaped and coloured, b) have text that is high colour-contrasted with its background, in order to assist with visual recognition, and c) shall have the appearance of solid characters 1 11 Upon the request of the Chief of Police, every owner shall: a) submit the Vehícle forthwith for inspection by the Chief of Police or his or her designated mechanic; b) produce an additional Certificate of Mechanical Fitness of the Vehicle, within 30 days of such request, in respect of the subject Vehicle; or c) produce a further Certificate of Insurance meeting the requirements of Subsection 5(d) above; A failure by the owner to comply with the request withín 7 days of such request, shall result in the Owner's Licence for said Vehicle being automatically revoked and deemed to be invalid for the purposes of this By-law. PARTV - LICENCING REOUIREMENTS- DRIVER'S 12. No person, including an Owner licenced under this By-law, shall operate or act as a driver of a Vehicle for Hire for a Trip Within the City without a valid Driver's Licence issued by the Chief of Police in the form illustrated in Appendix "8" to this By-law. The Driver's Licence issued by the Chief of Police shall comply with the Accessibility for Ontarians with Disabilities Act, 2005, and its regulations. 13. A Driver's Licence expires twelve (12) months after the issuance of the licence and shall be renewed annually by filing an application with the Chief of Police thirty (30) days prior to its expiration in the form prescribed by the Chief of Police along with the prescribed fee . ö 14. A Driver's Licence shall be issued by the Chief of Police where the Chief of Police is satisfied as to the receipt of the following information: a) the correct and valid current address for the person or company; b) a receipt of payment of the prescribed fee ; c) proof that the applicant has a current valid non- probationary driver's licence issued by the Province of Ontario, and that such licence has not been revoked or suspended; d) proof that the applicant has not accumulated nine (9) demerit points under the Highway Traffic Acf R.S.O. 1990; e) a letter from an employer offering employment to the applicant; and f) a police criminal record search; 15. Notwithstanding section 14, the Chief of Police shall not grant a licence to an applicant where the Chief of Police is satisfied that: a) The applicant has been entered into the Sex Offender Registry, or has a positive match under the vulnerable sector check based upon fingerprints, or has a known affiliatíon with an organized crime group; and b) The applicant has been convicted of any criminal offence or any breach of the Accessibility for Ontarians with Disabilities Act, 2005, the Liquor Licence Act, the Highway Traffic Acf (moving violations) or the Compulsory Automobile Insurance Act or any other provincial or federal 9 statute. PART VI . CONDITIONS FOR USE OF LICENCE . DRIVER'S 16. The photo ID licence issued by the Chief of Police containing the driver's full name, hair and eye colour, height, weight, employer, date of expiry and signed by the Chief of Police and the licenced driver shall be displayed by the driver, while driving a Vehicle for Hire, in a position clearly visible to the passengers. L7. No person shall transfer, reproduce, alter or change in any way a Driver's Licence issued by the Chief of Police 18. A driver shall not dispose of his or her current or expired photo ID licence, and shall, upon expiry, ceasing of the use or revocation under this By-law, forthwith return the licence to the Chief of Police. 19. A Driver's Licence can be replaced with the prescribed fee where: a) the Driver's Licence was defaced, lost or destroyed, but is accounted for to the satisfaction of the Chief of Police; or b) the driver to whom the licence was issued experiences a change of name or employer. 10 PART VII -REFUSAL AND REVOCATIONS OF LICENCES AND APPEALS OF SAME 20. Licences may be refused or revoked under the discretion of the Chief of Police, and the Chief shall, if requested, give any reason, in writing, for refusing or revoking a driver's or Owner's licence. These sanctions may occur when there is non-compliance with this bylaw, or the Accessibility for Ontarians with Disabilities Act, 2005, the Liquor Licence Acf, the Highway Traffic,4cf (moving violations), the Compulsory Automobile Insurance Act, the Criminal Code, or any other provincial or federal Act. When new information comes to light during the licenced period that would have, if known at the time of issuing the licence, prevented the licence from being issued, than the licence may be revoked. An appeal from any decision of the Chief of Police to refuse to grant, or to revoke, a driver's or Owner's licence may be made forthwith to the Police Services Board by filing an appeal, in writing, with the Secretary to the Police Services Board. 2t. An appeal from any decision of the Police Services Board may be made forthwith to Council by filing an appeal, in writing, with the City Clerk and such appeal shall be subject to the provisions of the Sfatutory Powers Procedure Act. 22. Notwithstanding any other provision of this By-law, once any licence has been revoked, the licencee shall not be entitled to a new licence unless the Chief of Police approves of granting such new licence, in his or her discretion, subject to an appeal to the 11 Police Services Board and, ultimately, to Council. PART VIII - RESPONSIBILITY OF OWNERS 23. No Owner of a Vehicle for Hire shall permit any person other than a driver licenced under this By-law to operate such Vehicle for Hire. 24 The Owner shall keep one copy of this By-law in the Vehicle for Hire at all times. 25. Every Owner shall, upon changing his or her address, notify the Chief of Police, in writing, of such change within six days thereof, failing which his or her Owner's Licence shall be automatically revoked and deemed to be invalid for the purposes of this By- law. 26. Each owner shall keep a record of the date, time, origin and destination of each trip, the name of the taxi driver and the licence number issued hereunder for such taxi cab. a) The trip records shall be retained for at least twelve (12) months at the Taxi company's office; and b) The trip records shall be surrendered immediately for examination when requested by the Chief of Police or to any police officer. L¿ PART IX - RESPONSIBILITY OF DRIVERS 27. No driver licenced under this By-law shall operate a Vehicle for Hire while it contains a greater number of passengers than the lesser, of the adult seating capacity of such Vehicle as determined by the manufacturer thereof, or, the number of seat belts available for its designed use. 28. Every driver licenced under this By-law shall, upon changing his or her address, notify the Chief of Police, in writing, of such change within six days thereof, failing which his or her Driver's Licence shall be automatically revoked and deemed to be invalid for the purposes of this By-law. 29. No driver, licenced under this By-law shall permit the smoking of cigarettes or the use of other tobacco products while the vehicle is available for hire. PART X . COMMON TO ALL VEHICLES USED FOR HIRE 30. No driver of a Vehicle for Hire shall: a) allow the Vehicle to be directed by any person other than the first of the passengers to hire the Vehicle; or b) carry members of more than one party at the same time unless given permission by the first of the passengers to hire the Vehicle. 31. Every owner or driver licenced under this By-law shall ensure 13 II that the Vehicle for Hire: a) is clean relating to both interior and exterior; b) is in good repair as to its interior and exterior; c) is free from substantial exterior body damage, including missing moulding, grill and hubcaps; d) is with all handles and latches in good working order; e) is outfitted with properly functioning seatbelts in all seating positions; f) has a functioning dome light; g) has a minimum of three passenger doors, excluding hatches and/or cargo doors; 32 No Owner or driver licenced under this By-law shall solicit, or allow any other person to solicit for their benefit, any person to take or use the Owner or driver's Vehicle by callíng out or shouting; the person wishing to use or engage such Vehicle shall be left to choose a Vehicle for Hire without interruption or solicitation. 33. No Owner or driver licenced under this By-law shall employ or allow any runner or other persons to assist or act in concert with him in obtaining any passenger or baggage at any of the stands, railway stations or elsewhere in the City of Sarnia. 34 In addition to any other parking restrictions implemented by By- law of the City of Sarnia, or otherwise, no Owner or driver licenced under this By-law shall park, or allow a Vehicle for Hire to be parked, for a period exceedíng thirty (30) minutes on any I4 il part of a publ¡c highway. 35. Every Owner or driver licenced under this By-law shall take due care of all property delivered or entrusted to and accepted by him or her for conveyance or safe-keeping, and every driver of a Vehicle, immediately upon termination of any hiring or engagement, shall search his or her Vehicle for any property lost or left therein. All property or money left in the Vehicle shall be forthwith: a) delivered over to the passenger owning the same, or if the owner cannot be located at once; b) to the nearest police station with all information in his or her possession regarding the owner. 36. Every Owner or driver licenced under this By-law shall give full and accurate information to any Police Constable, upon being required so to do, with reference to the address of the house or place to or from which he has driven any passenger with the description, name and address, if known to him. 37 Any passenger or company employing any Vehicle for Hire may require, and the driver thereof shall furnish, a receipt for charges made and paid, also indicating therein the distance travelled, and the driver shall promptly furnish such receipt upon request together with his name, company address and licence number of his or her Vehicle. 15 PART XI.EXEMPTIONS. VEHICLES USED AS SHUTTLES AND LIMOUSINES 38. Vehicles operated by the Sarnia Transit Authority are exempt from this By-law, 39 Shuttles and Limousines supplied at no cost to the passenger and/or customer are exempt from this By-law where used by: a) hotels/motels for their guests; b) car dealerships, automotive repair businesses and the like, who offer courtesy rides for their customers; or c) licenced establishments for their guests. 40 Shuttles and Limousines used for hire by any passenger or customer within the City of Sarnia, whether at a fixed fee, hourly, or contractual rate, will be subject to this By-law as follows: a) the rate charged by a Limousine shall be agreed to, in writing, clearly showing any additional charges that will be incurred by the passengers and/or customers; b) the fixed rate charged by a Shuttle, which may or may not be advertised on or in the Vehicle, shall not exceed the rates as set by Schedule "4" of this By-law. PART XII - VEHICLES USED AS TAXIS 4L. Every owner or operator of a Vehicle for Hire shall ensure that all Vehicles used as Taxis are equipped with a Taxi Meter and is 1"6 45 I1 placed in the vehicle as to be conveniently seen at all times by the passengers thereof. The Taxi Meter shall be installed in a manner and condition acceptable to the Chief of Políce, and shall be set to register the rates in conformity with the tariff rates as provided in Appendix trArr of this By-law. Taxi Meters will be sealed with the Taxi Meter Identification Number issued by the Chief of Police. 42. No person shall tamper with or remove the Taxi Meter Identification Number without the permission of the Chief of Police. 43. The onus shall be upon the Owners and drivers of Taxis to make certain that their Taxi Meters actually register the correct distance travelled by their Taxis and the Owner shall contact the Chief of Police should a meter need to be recalibrated or adjusted. Upon such service being completed, the Owner will have the Taxi Meter sealed with a Taxi Meter ldentification Number issued by the Chief of Police. 44. The Chief of Police ffiây, at such intervals throughout the year as deemed desirable, inspect any or all of the Taxi Meters then in use, and each Owner shall submit, upon receipt of a request from the Chief of Police, âoy or all Vehicles containing Taxi Meters to the Chief of Police for inspection. The tariff rates applicable to Owners or drivers of Taxis for Trips Within the City shall be the tariff rates set in Appendix "4" of this By-law. The fare charged by Owners or drivers of Taxis for Trips Within the City shall not exceed the amount calculated by reference to the tariff rates set in Appendix "4" of this By-law, which tariff rates shall abide by the Accessibility for Ontarians with Disabilities Act, 2005, as amended. 46. At the request of the passenger, any Owner or driver operating a Taxi for a Trip Within the City shall be permitted to operate on a time basis at the time rate so long as agreed to in writing and so long as the fare charged does not exceed the charge that would be calculated by reference to the tariff rates set in Appendix "A" of this By-law. 47 A tariff card, in a form satisfactory to the Chief of Police, shall be issued to the Owner showing the current tariffs under this By- law, and shall be placed and maintained by said Owner in or upon every Taxi in a position clearly visible to any and all passengers. No Owner or driver shall alter or replace said tariff card in any way. PART XIII . SUSPENSIONS. APPEALS. & PENALTIES 48. Subject to the Statutory Powers Procedure Act, and the appellate rights that accrue thereto, if any person is determined by the Chief of Police to be guilty of any breach of the provisions of this By-law, the Chief of Police may order as follows: a) That the licence of an Owner or driver is revoked for a period of up to 15 days for committing any offence t_B b) as spec¡f¡ed in this By-law; That the licence of an Owner or driver is revoked for a period of up to 30 days upon a conviction for offences pursuant to the Accessibility for Ontarians with Disabilities Act, 2005, the Liquor Licence Act, the Highway Traffic Acf (moving violations), or the Compulsory Automobile Insurance Acf incurred while operating a Vehicle for Hire, or any other provincial statute; That the licence of an owner or driver is revoked for an indefinite period upon conviction for a criminal offence or any other federal statute; That the licence of an Owner or driver is revoked for a period of one full year where the Owner or driver is subject to any three orders of the Chief of Police under Subsections 47(a), (b), or (c) within a one year period. c) d) 49. When the licence of a driver or Owner is revoked by virtue of any provision of this By-law, the driver or Owner will surrender his or her Driver's Licence or taxi plate, respectively, to the Chief of Police. At the end of the revocation period, the Owner or driver may make application for the return of his or her licence, or apply for a new licence should the licence have expired. 50. An order of the Chief of Police is effective immediately and may be appealed forthwith to the Police Services Board by filing an appeal, in writing, with the Secretary to the Police Services Board. t9 51. An appeal from any decision of the Police Services Board may be made forthwith to Council by filing an appeal, in writing, with the City Clerk and such appeal shall be subject to the provisions of the Statutory Powers Procedure Act. 52 Any person, company, owner or driver who contravenes any provision of this By-law may be guilty of an offence and upon conviction shall be subject to the provisions of the Provincial Offences Act for each offence. 53, If this by-law is contravened and a conviction entered, in addition to any other remedy and to any penalty imposed by the by-law, the court in which the conviction has been entered and any court of competent jurisdiction thereafter may make an order prohibiting the continuation or repetition of the offence by the person convicted. PART XIV . SHORT TITLE OF BY.LAW 54. The short title of this By-law will be called the "Taxi By-Law" PART XV - INTERPRETATION 55. If any section or sections of this By-Law or parts thereof may be found by any court to be illegal or beyond the power of City Council to enact, such section or sections or parts thereof shall be deemed to be severable and all other sections or parts of this By-Law shall be 20 5B deemed to be separate and independent therefrom and continue in full force and effect unless and until similarly found and this By-Law shall be enacted as such. 56. The headings are provided for convenience only and do not form part of the interpretation of this By-Law. PART XVI . REPEAL 57. By-Law Number 128 of 2OIt and By-Law Number L4 of 2015 of the City of Sarnia are hereby repealed. PART XVII . EFFECTIVE DATE This by-law shall come into force and take effect on finally being passed. By-Law Read a First, Second and third time this 26 day of February, 2018. Mike Bradley Mayor Dianne Gould-Brown City Clerk c 2L Annendix rrl\rr TARIFF OF RATES FOR TAXIS All rates include 13olo HST Metered Rates: 1. For trips in the City of Sarnia or within 5 kilometres thereof : a) Flag Drop - not more than $4.59 * Flag Drop rate for senior citizens aged 65 and older - $3.7t b) For each 1/1Oth of a kilometre traveled or part thereof, not more than twenty-five point five sixty cents ($0.2560). c) Waiting time while already engaged in metered service shall not be more than Seventeen Dollars and seventy-six cents ($t7.76) per hour, charged ratable as calculated by the taxi meter. Non Metered Rates for Waiting ("Standing" Time): 2. Any person wishing to engage a taxi prior to or continue to engage a taxi after having completed metered service, shall pay a rate of not more than Thirty-two Dollars and twenty-eight cents ($32.28) per hour of standing time. The rate will be charged in one quarter hour (15 minutes) increments at the rate of Eight Dollars and seven cents ($8.07) for each one quarter hour or part thereof. Multiple Destinations: 3. When two or more passengers are carried from a common starting point to two or more destinations, the fares to be paid by such passengers shall be regulated as follows: 22 ¿J The first passenger(s) disembarking shall pay the tariff charge thereafter registered from the common starting point to the moment of stop. The passenger(s) next disembarking shall pay the tariff charge from the moment of the last stop to the moment of stop at disembarking, and in a like manner until all passengers have disembarked. Whenever two or more passengers disembark at the same place, each shall pay his proportionate share of the tariff charge registered at the point where they disembark. Multiple Starting Points: 4. Where two or more passengers are carried from several starting points to a common destination, the fares to be paid by such passengers shall be registered as follows: Each passenger shall pay his proportionate share of the one tariff. Annual Adjustment: 5. The rates within this Appendix shall be adjusted based on the published annual Consumer Price Index, transportation subclass for the Province of Ontario publíshed by Statistics Canada. The rates are subject to adjustment on January 1tt each year, as determined by the City Treasurer based on published CPI data for the preceding year ending in November. il 24 Appendix rrBrr SAMPLE DRIVER IDENTIFICATION CARD ü 0 0