Taxicab Bylaw No. 2017-12

Melfort, Saskatchewan · adopted 2017-06-12

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CITY OF MELFORT BYLAW NO. 2017-12 A BYLAW OF THE CITY OF MELFORT TO REGULATE, CONTROL AND PROVIDE FOR THE LICENSING OF TAXI, LIMOUSINE, SHUTTLE AND RELATED TRANSPORTATION SERVICES IN THE CITY OF MELFORT The Council of the City of Melfort, in the Province of Saskatchewan, in open assembly, enacts as follows: 1. This Bylaw may be cited as the "Taxicab Bylaw". 2. For the purposes of this Bylaw, the expression: (a) "City" means the City of Melfort. (b) "Council" means the Council of the City of Melfort. (c) "License Inspector" shall mean the officer appointed by Council who shall be directly responsible for the supervision and control of the issue of taxicab licenses. (d) "Limousine, Shuttle and Related Transportation Service" shall mean Businesses that operate for profit, for the purposes of transporting passengers for hire within or outside Melfort; and are categorized under the Class PB of the Vehicle Classification and Registration Regulation. (e) "Owner", "Keeper", "Operator" means any person who owns or keeps a taxicab for hire. (f) "Person" means an individual and includes a firm, company or partnership. (g) "Taxicab" means a vehicle which is employed in the conveyance of passengers for hire except: (i) an ambulance; (ii) a bus; (iii) a vehicle especially designed to transport, for hire, persons confined to wheelchairs along with the said wheelchairs, and which does not carry for compensation any other type of passenger; (iv) a vehicle known as a "U-Drive" vehicle which is rented without a driver; (v) a vehicle approved for use as a limousine by the License Inspector. (vi) A vehicle approved for use as a transportation depot limousine by the License Inspector; (vii) Vehicles restrictively licensed by a valid and subsisting Operating Authority Certificate issued pursuant to The Traffic Safety Act, and/or The Motor Vehicles Transportation Act (Canada, 1987), to provide specialized non-emergency transportation for hire for medically stable passengers and for medical purposes. 3. (a) An Application to Operate a Taxi in the City of Melfort shall be taken out by every person who owns or keeps for hire or profit a taxicab or taxicabs as per Schedule "B", and shall pay therefore the annual City of Melfort license fee provided for in Schedule "A" to this bylaw. Bylaw No. 2017-12 Taxicab Bylaw Page 2 (b) Taxicab licenses shall not be transferable, nor leased or assigned in any manner, except with the written permission of the Council of the City of Melfort; and, if permission has not been given the taxicab licenses on expiration shall be returned to the City of Melfort for disposition. (c) There shall be a maximum of twelve (12) taxicabs licensed to operate within the City of Melfort. (d) Every taxicab license shall have either a bona fide place of business in an area delineated as a Commercial District under the Zoning Bylaw of the City of Melfort or classified as a home occupation under discretionary use by the Council of the City of Melfort. (e) Every taxicab firm designated as a home occupation will be allowed to have only one vehicle designated as a taxicab parked at the owner's place of residence. 4. (a) Every person who owns or keeps for hire or profit a taxicab or taxicabs shall produce to the License Inspector or his designate: (i) within 24 hours of a demand by the License Inspector adequate proof that each vehicle being operated as a taxicab is duly licensed under The Traffic Safety Act for the Province of Saskatchewan and the regulations there under; (ii) by no later than the expiry date of each taxicab's vehicle registration under The Traffic Safety Act and the regulations there under, proof of the renewal of the vehicle registration for the upcoming year; (iii) within 24 hours upon demand of the License Inspector or his designate, a valid and current light vehicle safety inspection certificate obtained from an inspection station certified by SaskAuto in respect of the taxicab or taxicabs; (iv) vehicles purchased brand new for a taxi will not require a light vehicle inspection certificate in the first two years of operation. Vehicles purchased for the use of a taxi that are older than two years will require a vehicle safety inspection certificate be submitted to the City of Melfort annually; (v) a criminal record check obtained from the City of Melfort police force (RCMP). This check shall be obtained for each driver hired to drive a taxi and shall be submitted to the City of Melfort License Inspector. (b) (i) In the event that any person who owns or keeps for hire or profit a taxicab or taxicabs shall fail to produce any proof required by Section 4(a) above, then the taxicab license issued pursuant to section 3 of this Bylaw for the taxicab shall be subject to immediate revocation, whereupon the owner shall immediately return same to the License Inspector or his designate. (ii) Upon payment by the owner to the License Inspector of an administration fee in the sum of $25.00, the said taxicab license will be held by the License Inspector for a period not to exceed 30 days following the license revocation, during which time the taxi company will be allowed to file the required proof. (iii) Upon the License Inspector being satisfied within the said timeframe, in his absolute discretion, that the required registration or certificate is current and in effect, the taxicab license will be reinstated and returned to the owner until its expiration or until it is otherwise revoked. Bylaw No. 2017-12 Taxicab Bylaw Page 3 (iv) In the event that the required proof is not filed by the owner of the taxicab within the 30 day period, the taxicab license for the taxicab and all privileges flowing there from shall be forfeited by the owner. (c) Every person who owns or keeps for hire or profit a taxicab or taxicabs shall at all times carry in the taxicab or taxicabs, and display conspicuously upon the vehicle: (i) the taxi license issued by the City of Melfort pursuant to this bylaw. (ii) the taxicab safety inspection certificate. 5. (a) Every owner and every operator of a taxi-cab operated within the City shall cause the same to be equipped at all times with a taxi-meter. (b) Every taxi-meter shall be equipped with an electric light of sufficient candle power and so focused that during hours of darkness the dial of the taxi-meter will be illuminated adequately at all times when the taxi-cab is under hire. (c) Every owner, or operator of a taxi-cab, or employee of such owner or operator shall: i) Attach the taxi-meter to the taxi-cab as directed by the License Official. ii) Annually when renewing the license or when requested by the License Official, submit his/her taxi-cab for inspection and operate the taxi-cab over a measured course for the purpose of testing the accuracy of the meter. iii) Keep a record of each test of a taxi-meter, which record shall be available for inspection by the License Official. (d) Every owner of a taxi-cab shall post and keep posted in a conspicuous place in each taxi-cab the schedule of fees charged for the taxi-cab. 6. No person operating or causing to be operated a taxicab shall charge more or less than the fees set out in Schedule "C" hereto. 7. Every owner or operator of a taxicab shall, when required, submit each and every taxicab owned or operated by him to inspection by the License Inspector. 8. (a) No person or owner shall operate or permit to be operated any taxicab unless it is: equipped with an extra tire and wheel ready for use; clean and in good repair as to its exterior; clean, dry and in good repair as to its interior, and free from mechanical defects. (b) All drivers will be required to carry, for the customers' inspection, a photo identification card and a Class 4 license. (c) Every vehicle used for conveyance of passengers shall have on it either a lighted display sign or detailed by the use of decals showing its permitted use, and all taxicabs shall be equipped with two-way radios or cell phones. (d) In accordance with The Tobacco Control Act, all drivers and passengers are to refrain from smoking in a taxicab or be subject to the Offences and Penalties of the Act. 9. The operator of a taxicab, may charge one of the flat rate fares identified in Schedule "C", 1 (a) [(i) or (ii)] for taxi services, plus the additional charge referred to in paragraph 1 Bylaw No. 2017-12 Taxicab Bylaw Page 4 (a) (iii) for each stop required to pick up or discharge passengers, for any or all of the following requests: (a) If several passengers, each of whom has ordered taxi services, are carried from the same point in one taxicab to different destinations; (b) If several passengers, who have ordered taxi service, are carried from different points in the same taxicab to the same destination; (c) If at the direction of a passenger who has ordered the taxicab, other passengers are picked up at one or more points, to be carried with him to the same destination; (d) If a person who has ordered a taxicab, directs the driver to stop at one or more points to discharge passengers who entered the taxicab with him. 10. (a) A license shall be taken out by every person who owns or keeps for hire or profit a limousine, shuttle or related transportation service and he shall pay therefore the annual fee provided for in Schedule "A". Non-profit ride-share services shall be exempt from this provision. (b) The License Inspector shall approve a vehicle as a limousine, shuttle or related transportation service if the operator of the vehicle has obtained an Operating Authority certificate from the Highway Traffic Board to transport people under contract. 11. Every license issued under this bylaw, unless the same is sooner forfeited, shall be for a period of one year extending from January 1st in the then current year and shall expire on the 31st day of December in the same year. 12. Any person who violates any of the provisions of this bylaw shall be subject to prosecution and to the penalties provided for in the General Penalty Bylaw of the City of Melfort. 13. Bylaw Nos. 2017-01 and 2017-03 are hereby repealed. 14. This Bylaw shall come into force and take effect on, from and after the final passing thereof. INTRODUCED AND READ A FIRST TIME this 12th day of June, 2017. READ A SECOND TIME this 12th day of June, 2017. READ A THIRD TIME this 12th day of June, 2017, and passed as read. Mayor City Clerk SEAL CERTIFIED A TRUE COPY of Bylaw No. 2017-12, adopted by Resolution of Council on the 12th day of June, 2017. _______________________________________ City Clerk Bylaw No. 2017-12 Taxicab Bylaw Page 5 SCHEDULE "A" TO BYLAW NO. 2017-12 TARIFF OF LICENSE FEES 1. Annual fee for first taxicab license per operator $100.00 2. Annual fee for each additional taxicab license per operator $ 50.00 3. Annual fee for first limousine license per operator $100.00 4. Annual fee for each additional limousine license per operator $ 50.00 5. Annual fee for first related transportation service vehicle per operator $100.00 6. Annual fee for each additional related transportation service vehicle per operator $ 50.00 Bylaw No. 2017-12 Taxicab Bylaw Page 6 SCHEDULE "B" To Bylaw No. 2017-12 Bylaw No. 2017-12 Taxicab Bylaw Page 7 Bylaw No. 2017-12 Taxicab Bylaw Page 8 SCHEDULE "C" TO BYLAW NO. 2017-12 TARIFF OF FEES TO BE CHARGED 1. Every person operating a taxicab shall charge or collect the following maximum fees, but shall not charge a fee that could exceed the rates hereinafter established: (a) FOR THE HIRE OF TAXICABS IN THE CITY: (i) A flat rate of $9.00 for Seniors anywhere within city limits. (ii) With the exception of Seniors, a flat rate of $10.00 anywhere within city limits during the hours of 6:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 6:00 a.m., the flat rate is $18.00. (iii) Fares that include more than one stop will be charged an additional $3.00 per stop over the flat rate plus $0.50 per minute for waiting. (b) SPECIAL OUT-OF-TOWN TRIP RATES: A flat rate of $10.00 plus $1.75 per kilometre from point of origin to point of destination. (c) CARRYING CHARGES: For the carrying of freight, luggage and groceries, there will be an additional charge of $3.00.