THE CORPORATION OF THE CITY OF CLARENCE-ROCKLAND BY-LAW NUMBER NO. 2004-02 Being a by-law of the Corporation of the City of Clarence-Rockland to provide for the licensing, regulating and governing the owners and drivers of taxicabs. WHEREAS under the provisions of the Municipal Act, S.O. 2001, Chapter c.25, the Council of the Corporation of the City of Clarence-Rockland may pass by-laws with respect to licensing, regulating and governing the owners and drivers of taxicabs, AND WHEREAS the Council of the Corporation to the City of Clarence-Rockland deems it desirable to licenses, regulate and govern the owners and drivers of taxicabs, and a) b) c) establish the rates or fares to be charged for the conveyance of the 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 for the conveyance; and limit the number of taxicabs or any class of them, NOW THEREFORE, the Council of the Corporation of the City of Clarence-Rockland enacts as follows: 1. DEFINITIONS In this by-law, except where a contrary intention appears, the following words have the following meanings: (1) “Accessible Cab” means a taxicab licensed by the Municipality which, as a design criteria, accommodates one or more persons in wheelchairs without transfer, pursuant to all federal and provincial legislation applicable to vehicles used in the transportation of physically disabled persons; (2) “Applicant” means a person applying for a licence under this by-law and includes the person renewing a licence; (3) “Chief Licence Inspector” means the Director of the Municipal Law Enforcement Services or his or her designated appointee; (4) “Chief of Police” means the Chief of Police of the Police Force or authorized representative and includes the officer in charge of any detachment of the Ontario Provincial Police either providing police services to an area municipality by agreement. (5) “City” means the geographic limits of the City of Clarence-Rockland; 1 (6) “Council” means the elected Council of the Corporation of the City of Clarence-Rockland; (7) “Counsel” means a barrister and solicitor authorized to practice law within the Province of Ontario, or such other representative of choice of a licensee or of an applicant for a licence; (8) “Dispatch” means the act, through electronic or other means, of sending a taxicab to a person or persons requesting the service of a taxicab for the purpose of conveying such person or persons in the City of Clarence-Rockland; (9) “Highway Traffic Act” means the Highway Traffic Act, R.S.O. 1990, Chapter H.8 and amendments thereto; (10) “His or her taxicab”: (a) when used in reference to an owner, refers to a taxicab in respect of which such owner is licensed by the Municipality; (b) when used in reference to a driver, refers to a taxicab driven or otherwise operated by such a driver (11) “Individual” means a person other than a corporation or a partnership; (12) “Licence” means a licence issued under this by-law; (13) “Licence Inspector” means a municipal law enforcement officer appointed by the City and includes the Chief Licence Inspector; (14) “Licensed” means licensed under the provisions of this by-law; (15) “Licensee” or “Licence holder” means a person licensed under the provisions of this by-law; (16) “Municipality” means the Corporation of the City of Clarence-Rockland; (17) “Passenger” means a person in a taxicab other than the taxicab driver; or a person in a limousine other than the limousine driver; (18) “Physically disabled person” means: (a) a person who suffers from a physical disability in such a way that his/her mobility is seriously restricted, including, among others, a person, who uses a wheelchair, crutches, braces or other assisting devices; or, 2 By-law 2004-02 (b) a person who, because of a physical disability, requires assistance in boarding or leaving a taxicab; (19) “Police force” means the Police Force of the Ontario Provincial Police providing police services to an area municipality by agreement. (20) "Protective Shield" means a complete barrier installed between the front and rear seats of a motor vehicle that prevents physical contact between the driver and a rear seat passenger, and that is designed to meet the requirements of: (a) (b) the Highway Traffic Act, R.S.O. 1990, Chap. H.8, as amended, and Regulations passed thereunder, with respect to use of the vehicle's seat belts and driver clear vision to the rear of the motor vehicle by its mirrors, and the Motor Vehicle Safety Act, 1993, S.C. C-16, as amended, and Regulations passed thereunder; (21) “Senior Citizen” means a person sixty-five (65) years of age or older; (22) “Tariff” means a fare permitted to be charged to a passenger in compensation for the hiring of a taxicab; (23) “Taxicab” or “Taxi” means a motor vehicle with a seating capacity of not more than seven (7) individuals, including the driver, that is intended to be used, or is actually used, for hire for the purpose of transporting individuals; (24) “Taxicab Broker” means any person who accepts calls in any manner for taxicabs that are used for hire and that are not owned by that person or that person’s immediate family of employer; (25) “Taxicab Driver” means a person engaged in driving or operating a taxicab for, or on behalf of, another person who is the owner thereof, and where a taxicab owner personally drives or operates a taxicab, shall include such owner; (26) “Taxicab Owner” means a person owning a taxicab or having possession or control thereof pursuant to an instalment purchase agreement or by way of rental; (27) “Taxicab Service” means the transportation of passengers or goods by taxicab from a point within the City of Clarence-Rockland to any point; (28) “Taxicab Stand” means a geographic area or zone set aside as an exclusive stopping place for taxicabs, at which persons have access to embark or disembark taxicabs; (29) “Taximeter” means a mechanical or electronic device operated by a power drive 3 By-law 2004-02 cable attached to the transmission of the motor vehicle which measures mechanically the distance travelled and computes the fare to be charged and further contains an independent timing device to compute the charge for waiting time; 2. (30) “To operate” includes to drive a taxicab, and to make a vehicle available to the public for use as a taxicab; (31) “Transportation agreement” means any agreement, whether or not for valuable consideration, which has for its purposes or effect the granting to any person of a right or licence to provide taxi service from any public transportation terminal, hospital, hotel, motel, shopping centre, taxi stand or any other place; (32) “Trip” means the distance and time travelled and the distance and time to be travelled, measured from the time and point at which the passenger first enters the taxicab to the time at which the passenger finally leaves the taxicab. PROVISION OF A TAXICAB SERVICE - GENERAL REQUIREMENTS (1) No person shall operate a taxicab for the transportation of passengers or goods from any point within the City of Clarence-Rockland except under the authority of a taxicab driver’s licence. (2) No person shall permit a motor vehicle to be used as a taxicab in the transportation of passengers or goods from any point within the City of Clarence-Rockland except under the authority of a taxicab owner’s licence. (3) No person shall accept calls in any manner for taxicabs to be used for the transportation of passengers or goods from any point within the City of ClarenceRockland except under the authority of a taxicab broker’s licence. (4) Notwithstanding Subsection 2 (1), no such licence shall be required for the operation of a taxicab within the City of Clarence-Rockland provided such taxicab is operating for the sole purpose of discharging a passenger who was picked up outside of the City of Clarence-Rockland. (5) Save and except for the provisions of Subsection 2 (4), no taxicab broker shall dispatch a taxicab to commence the transportation of passengers in the City of Clarence-Rockland where the owner of the taxicab does not hold a licence for his or her taxicab in the City of Clarence-Rockland. (6) Any taxicab driver of an accessible taxicab engaged in the conveyance of any passenger is required to be the holder of a taxicab driver’s license under the provisions of this by-law and the Highway Traffic Act. 4 By-law 2004-02 3. 4. TAXICAB DRIVER LICENCE REQUIREMENTS (1) No licence shall be issued to an applicant for a taxicab driver licence unless and until the Chief Licence Inspector has been furnished with satisfactory proof that: (a) the applicant is at least eighteen (18) years of age; (b) the applicant is the holder of: (i) a current driver’s licence of the appropriate class issued pursuant to the Highway Traffic Act, and regulations passed thereunder, or (ii) a current driver’s licence of the appropriate class issued by the Province of Quebec; (c) the applicant has consented to a criminal record check made by or on behalf of the Chief of Police of the detachment of the Ontario Provincial Police providing police services within the geographic boundaries of the City of Clarence-Rockland. (d) the Chief of Police of the detachment of the Ontario Provincial Police providing police services within the geographic boundaries of the City of Clarence-Rockland has reported in writing as to the good character of the applicant; (e) the applicant has warranted in writing that there are no outstanding criminal charges or warrants against him or her; (f) the applicant has filed three current photographs five (5) centimetres by five (5) centimetres in size, of the exact image of the applicant; (g) the applicant is the holder of a certificate indicating that he or she has successfully completed a taxicab driver’s education program approved by the Municipality. (2) The Chief Licence Inspector shall not be bound to issue a licence to any applicant if that applicant is found to be: (a) in breach of the law; (b) conducting activities which may be adverse to the public; (c) in contravention of this by-law or any other law. TAXICAB DRIVER EDUCATION PROGRAM (1) An applicant for a taxicab driver licence shall enrol in a taxicab driver training program approved by Council, hereinafter referred to as the training program, and shall write the examinations required for the training program. (2) An applicant shall not be enrolled in the training program unless and until the Municipal Law Enforcement Services is in receipt of cash or a certified cheque in the amount as set out in Schedule “A” of this by-law, being a payment of a taxicab driver licence application fee which is non-refundable, and the person or institution providing the training program is in receipt of the fees prescribed by the person or 5 By-law 2004-02 institution for the training program and examinations. 5. (3) When an applicant is registered in the training program, the applicant shall attend at the times, dates and places specified for the training program. (4) An applicant must receive a mark of at least a (B-) on all three examinations provided in the training program to qualify for a taxicab driver licence. (5) An applicant who fails to achieve the required grade as noted in Subsection 4.(4) may apply to the Algonquin College Continuing Education Business Section to upgrade through the supplemental process. This process will require the applicant to re-write all examinations for the Taxicab Driver Education Program, and must be completed within sixty (60) days of notification by the Business Section to the applicant of the original grades. (6) An applicant who has applied to upgrade through the supplemental process pursuant to Subsection 4.(5) and who again fails to pass the examination is not entitled to reattend the training program within one year of the date of the re-examination unless there is space available for the applicant in a scheduled education program within 72 hours of the commencement of that program. TAXICAB DRIVER CONDUCT AND REQUIREMENTS (a) Every taxicab driver licensed under this by-law shall: (1) Carry the taxicab driver licence issued under this by-law and the driver licence issued under the Highway Traffic Act, or the Quebec Code de la sécurité routière with him or her at all times when operating a taxicab. (2) Produce for inspection any licence referred to in Subsection 5 (a)(1) of this section when requested to do so by a Licence Inspector or a peace officer. (3) Be dressed, well groomed, neat and clean in personal appearance. (4) Behave civilly and courteously, recognizing the taxi driver’s role in the provision of a public transportation service and recognizing the public trust and public interest placed upon the taxi driver. (5) Refrain from smoking in a taxicab at all time. (6) Not carry more passengers in his or her taxicab than is set out in the manufacturer’s rating of seating capacity for the motor vehicle. 6 By-law 2004-02 (7) Not drive a taxicab with luggage or any object placed in, hung on or attached to the motor vehicle in such a manner as may obstruct the driver’s view of the highway. (8) Not use any tariff card other than a current tariff card/sheet obtained from the Chief Licence Inspector. (9) Ensure that a current tariff card /sheet is clearly displayed to the customer in the taxicab at all times. (10) Not operate a taxicab for hire while carrying a passenger or passengers without keeping the taximeter in operation at all times, unless providing taxicab service pursuant to an agreement outlined in Section 20. (11) Not charge any fare for the use of a taxicab other than that recorded on the taximeter, unless providing taxicab service pursuant to an agreement outlined in Section 20, but a driver may charge an amount in addition to that set out on the taximeter in accordance with Schedule “B.” (12) Not charge for time lost through defects or inefficiency of the taxicab or incompetence in driving. (13) accept credit card payments; (14) Not charge for time consumed by the early arrival of the taxicab in response to an appointment made in advance. (15) Be permitted, where an appointment for taxi service is made in advance, to charge for time consumed in waiting for a passenger following the appointed time for arrival of the taxicab. (16) Not charge for time consumed in providing taxicab service to a person who has not made an appointment for taxi service in advance until the passenger and the taxicab driver are seated in the taxicab. (17) Not demand or receive any higher fare or charge than the charge specified in the tariff provided by Schedule “B” of this by-law. (18) Not operate the taxicab when the seal on the taximeter, installed pursuant to Section 8 of this by-law, is not intact. (19) Not charge a passenger for the cost of proceeding to an establishment for change for waiting time while a passenger obtains change when the amount tendered in payment for the taxicab fare and the sum due is twenty dollars ($20.00) or less. 7 By-law 2004-02 (20) Keep all appointments and engagements punctually. (21) Take proper care of all baggage and other personal property placed in the taxi driver’s care for conveyance. (22) (a) Deliver all property, goods or money left in error by any passenger in the taxicab to such passenger, or notify such passenger where such property, goods or money may be recovered, or, if such passenger is unknown, deliver the property, goods or money to the local police force. (b) Notwithstanding Clause 5 (22) (a), a driver may charge a passenger, as set out in Schedule “B” of this By-law, for the delivery of all property, goods or money left in error by the passenger provided the driver notifies the passenger in advance and the passenger is in agreement. (23) Use the taxicab for only one specific trip for the transportation exclusively of one person or group of persons, one fare or charge only being charged, collected or made for the trip. (24) Take the most direct route possible to the requested destination unless directed otherwise by a passenger. (25) Examine the taxicab for any visible or audible mechanical defects or interior or exterior damage each day before commencing the operation of the taxicab. (26) Ensure that the taxicab which he or she is driving is maintained: (a) in a clean condition as to its exterior; (b) in a clean, dry and odor-free condition as to its interior; (c) free of articles or debris left by passengers; and, (d) free of personal effects of the taxicab driver not required in the conduct of normal driving duties, while it is in his or her possession. (27) Report any noticeable defects in the taxicab, or damage occasioned to the taxicab, forthwith to the taxicab owner. (28) If requested, give a passenger a receipt showing: (a) the taxicab driver’s name; (b) the taxicab driver’s number; (c) an identifying number for the taxicab; (d) the date and time of the trip; (e) the points of origin and destination of the trip; (f) the cost of the trip, indicating the Goods and Services Tax (GST) included in the fare; 8 By-law 2004-02 (29) Display his/her taxicab driver photograph identification card issued by the Municipality pursuant to Clause 22 (1) (b) of this by-law, in the bracket or holder designated pursuant to Subsection 12 (3) of this by-law. (30) Only use a taxicab driver identification card that contains a current photograph representing an exact image of the taxicab driver. (31) Ensure that the roof sign provided by the taxicab owner is securely affixed to the roof of the taxicab, provided that the roof sign may be removed when the taxicab is used for personal use. (32) Ensure that the roof sign is illuminated one half hour before sunset to one half hour after sunrise when the taxicab is available for hire. (33) Ensure that the light of the roof sign of the taxicab is extinguished when the taximeter is engaged. (34) Take a position at the back end of any line formed by taxicabs already in a taxicab stand upon entering the stand. (35) Not enter or attempt to enter a taxicab stand where there is insufficient place for the taxicab within the taxicab stand. (36) Not enter or attempt to enter a taxicab stand where the taxicab owner’s licence does not permit the commencement of the transportation of passengers from the Municipality. (37) Not obstruct or interfere with: (a) the use of a taxicab stand; (b) the use of a public place; or, (c) the surrounding traffic patterns, while waiting in a taxicab or at a taxicab stand or at any public parking place. (38) Shall be adjacent to the taxicab so as to have it under constant observations while parked in a taxicab stand or public place while waiting for hire. (39) (a) (b) (40) not refuse to serve the first person requesting the service of his or her taxicab except as provided by Subsection 5(39) and Section 5A; not refuse to permit a dog while serving as a guide for a visually or hearing impaired person. Have the right to refuse to serve any person requesting the services of his/her taxicab if: (a) the taxicab is engaged for other service; 9 By-law 2004-02 (b) (c) (d) (e) (f) (g) (h) the person requesting the service has not made payment for any previous trip; the person requesting the service refuses to pay by any form of remuneration acceptable to the taxicab broker; the person requesting service, upon being requested by the taxicab driver refuses to disclose the final destination immediately after entering the taxicab; the person requesting service asks the taxicab driver to drive to any place in circumstances which the driver reasonably believes to be unsafe; the person requesting service has an excessive number of items that will not fit within the taxicab; the person requesting service demands to be accompanied by a number of passengers which exceeds the number of seat belt assemblies available for passengers; the person requesting service is unduly obnoxious or abusive, in which event such driver shall immediately record in writing the reasons for such refusal and shall retain the record for a period of thirty (30) days. (41) Open the trunk of the taxicab whenever a passenger has articles to be placed in the trunk of the taxicab. (42) Open the door of the taxicab for any passenger requesting the services of a taxicab. (43) Not induce any person to engage a taxicab through any misleading or deceiving statement or representations to that person about: (a) the location of any destination named by that person; (b) the distance to any destination named by that person; or, (c) the approximate charge for transportation to any destination named by that person. 5A) A licensed taxicab driver operating a taxicab equipped with a protective shield may: (a) (b) 6. refuse transportation services where the size of the group of passengers seeking the service would require one or more passengers to be seated in front of the protective shield, and refuse transportation services for a passenger or a group of passengers who are unwilling to sit in the rear seat of the taxicab. TAXICAB OWNER LICENCE REQUIREMENTS (1) No licence shall be issued to an applicant for a taxicab owner licence unless and until the Chief Licence Inspector has been furnished with satisfactory proof that: (a) the applicant is at least twenty (20) years of age; (b) the applicant holds a valid taxicab driver licence of the Municipality; 10 By-law 2004-02 (c) (d) (e) the applicant has filed proof of insurance in accordance with the requirements of Section 14 hereof; the applicant has filed proof that the vehicle in respect of which the licence is applied for complies with the standards set out in Sections 9, 10, 11 and 12; and, the applicant is the holder of a current motor vehicle permit issued pursuant to the Highway Traffic Act, for the motor vehicle for which the licence is applied, or the applicant has provided a signed copy of a leasing agreement for the provision of a motor vehicle in accordance with the requirements set out in Section 15 hereof. (2) A separate taxicab owner licence shall be obtained by a taxicab owner for each taxicab to be provided pursuant to this by-law. (3) The Chief Licence Inspector shall not be bound to issue a licence to any applicant if that applicant is found to be: (a) in breach of the law; (b) conducting activities which may be adverse to the public; (c) in contravention of this by-law or any other law. 7. NUMBER OF TAXICAB OWNER LICENCES (a) The number of taxicab owner licences issued by the City may be increased, subject to Council approval. (b) Subject to section 7.(a) the maximum taxicab owners licences shall not at any time exceed one (1) licence for every two thousand (2500) residents in the City. 8. TAXIMETERS (1) Every licensed taxicab owner shall ensure that his or her taxicab is equipped with a taximeter that shall be: (a) attached to the motor vehicle in such a position that the fare computed is visible from any seated position; (b) sealed with a seal approved, provided and installed by the Municipality; (c) adjusted in accordance with the tariff prescribed in Schedule “B” hereof; (d) tested for compliance with the tariff prescribed in Schedule “B” hereof by a Licence Inspector, by running the taxicab in which it is attached over a measured track or distance before being sealed; (e) clearly illuminated so as to be visible to passengers in the taxicab between dusk and dawn; (f) kept in good working condition at all times; 11 By-law 2004-02 (g) (h) used only when the seal is intact; tested and sealed before being put into service if the taximeter has been replaced, repaired, altered, adjusted or broken. (2) Every taxicab owner shall ensure that his or her taxicab is submitted to the Chief Licence Inspector for testing and resealing of the taximeter or inspection of the taxicab whenever the Chief Licence Inspector deems it necessary and makes an appointment for the Inspection of the taxicab and if such taxicab is not produced at the time and place appointed for such inspection, the Chief Licence Inspector may suspend the licence for a period of time until the taxicab is submitted to the Chief Licence Inspector for testing and resealing. (3) The Chief Licence Inspector shall seal or reseal the taximeter by: (a) lacing a wire through the hole in the base bracket bolt head through the eyelets on the taximeter and threaded through a lead slug or a similar device as referred to in Clause 8 (3) (c) in such a manner that it prevents the removal of the outer cover; and (b) compressing the lead slug referred to in Clause 8 (3) (a) hereof with a device imprinting the letters “CR” (Clarence-Rockland) on one side, or (c) a manual seal with a locking device properly identified with a serial number. 9. TAXICAB VEHICLE STANDARDS (1) 10. Every licensed taxicab owner shall ensure that his or her taxicab: (a) has an encased body having at least three (3) side doors; (b) is maintained in good repair; (c) does not have any interior or exterior damage; (d) is clean as to its exterior; (e) is in a clean, dry and odour-free condition as to its interior and free of any articles or debris left by passengers or drivers; (f) has an operative heating system that supplies sufficient heat for passengers. AGE OF VEHICLE STANDARDS FOR REPLACEMENT MOTOR VEHICLES (1) No licensed taxicab owner shall replace the motor vehicle used as a taxicab with a replacement motor vehicle that is more than ten (10) years old. (2) Despite subsection (1), no licensed taxicab owner shall replace the motor vehicle used as a taxicab with a replacement motor vehicle that is: (a) a natural gas powered vehicle, and (b) more than ten (10) years old model. 12 By-law 2004-02 (3) 11. For the purposes of calculating the age of the vehicle in this section, the current year is not counted. ADDITIONAL TAXICAB VEHICLE STANDARDS (1) This provision applies to an applicant for a taxicab owner’s license with respect to the vehicle for which the license is applied for and to a licensed taxicab owner who replaces the motor vehicle for which the license was issued. (2) The following standards apply to motor vehicles that are entering into service as a taxicab: (a) the vehicle shall have air conditioning, (b) the windshield and windows shall be clear glass or lightly tinted, provided that the light tint: (i) is non-reflective, (ii) is not darker than 35% visible light transmission, and (iii) complies with Section 73 of the said Highway Traffic Act, as amended (c) every safety and comfort system for passengers shall be functioning, (d) the vehicle shall have an encased automobile body that is: (i) a sedan that is at least 483 centimetres (190 inches) in length and designed with available truck capacity of at least 0.45 cubic metres (16 cubic feet), or (ii) a mini-van that is at least 470 centimetres (185 inches) in length and designed with available luggage storage space behind the rear-most seat of at least 0.45 cubic metres (16 cubic feet), and (iii) capable of seating at least 5 and no more than 7 passengers, including the driver, (e) despite clause (d), the available trunk capacity or the available luggage storage space for a natural gas powered vehicle shall be at least 0.4 cubic metres (14.2 cubic feet). 12. TAXICAB VEHICLE EQUIPMENT (1) Every licensed taxicab owner shall ensure that his or her taxicab has a roof sign secured on the roof of the taxicab which: (a) is electric; (b) displays the taxicab broker affiliation of the taxicab with lettering which is visible to the public; (c) is affixed with the same identifying number as the plate referred to in clause (a) of subsection (2) of Section 22 with the numbers: (i) on the front and back face of the sign, and 13 By-law 2004-02 (d) (e) (ii) on each side of the sign, so that they are prominently displayed, is connected to the taximeter in such manner as to be extinguished when the taximeter is turned on; and is connected to the taximeter in such manner as to be illuminated when the taximeter is in the off position, except where the taxicab is not available to transport passengers. (2) Every licensed taxicab owner shall ensure that his or her taxicab is equipped at all times with at least five (5) serviceable tires, one of which shall be available as a spare and each of which shall comply with the Tire Standards and Specifications, R.R.O. 1990 Reg 625, as amended under the Highway Traffic Act. (3) Every licensed taxicab owner shall ensure that his or her taxicab is equipped with a taxicab driver identification card holder which is: (a) clearly illuminated between dusk and dawn; (b) attached to the interior of the taxicab in such a position as to be fully visible to all passengers in the taxicab; (c) of sufficient size and design to hold a licence card issued by the Municipality. (4) Every licensed taxicab owner shall ensure that his or her taxicab contains a tariff card/sheet issued by the Municipality and affixed to the interior of the taxicab so as to be clearly visible and legible to passengers in the taxicab, which sheet shall contain a list of the current tariff of rates set out in Schedule “B” of this by-law. 13. TAXICAB INSPECTION (1) Every taxicab owner licensed under this by-law shall submit the motor vehicle for which the licence was issued for inspection, including inspections at Safety Lanes once a year, at the time and place designated by the Chief Licence Inspector. (2) Inspections shall be held at a time and place designated by the Chief Licence Inspector and such notice shall require the licensed owner to attend with the motor vehicle for an inspection at the stated location with proof of all of the following: (a) the Ontario Ministry of Transportation Safety Standards Certificate showing that the motor vehicle has been accepted; (b) the taxicab owner licence; (c) proof of liability insurance coverage; and (d) the current passenger motor vehicle permit in good standing issued in the owner name by the Ontario Ministry of Transportation. (3) If the inspection results in the taxicab being found to be in an unsafe or hazardous condition, the Chief Licence Inspector: 14 By-law 2004-02 (a) (b) (c) shall require the taxicab to be placed in a safe condition within fourteen (14) days therefrom; and, may suspend the licence for a period not exceeding fourteen (14) days, and shall require the submission of the taxicab to further inspection to be held within the aforesaid fourteen (14) days. (4) If the taxicab is not submitted as required by this section, or upon the expiration of the time prescribed herein, the Chief Licence Inspector shall suspend the licence of the owner of the taxicab for fourteen (14) days, or until the next Council meeting of the Municipality, whichever occurs first. (5) No person shall obstruct, hinder or otherwise interfere with any inspections carried out carried out in accordance with this by-law. (6) Despite the filing of proof of good repair, this section shall be applicable to each taxicab operated provided or used in the trade, calling, business or occupation of each licensed taxicab owner. 14. VEHICLE INSURANCE REQUIREMENTS (1) Prior to the issuance of a taxicab owner licence, each taxicab owner shall file with the Chief Licence Inspector proof of insurance in respect of each vehicle owned or leased by the taxicab owner in accordance with the following minimum requirements: (a) endorsed to provide the following coverage: (i) for a taxicab, coverage for public liability in the amount of not less than one million dollars ($1,000,000.00) in respect of death, bodily injuries and property damage for damage occasioned by any accident arising out of the operation of the vehicle; (b) endorsed to provide no-fault benefits set out in the No-Fault Benefits Schedule under the Insurance Act of Ontario; and, endorsed to provide that the Chief Licence Inspector will be given at least ten (10) days notice in writing of any cancellation, expiration or decrease in the amount of coverage provided by the policy below the requirement in Subclauses 14 (1) (a) (i) and (ii). (c) (2) Where a licensed taxicab owner no longer complies with Subsection 14 (1) above, the taxicab owner licence issued under this by-law shall be deemed to be suspended as of the date of the cessation or decrease of the insurance. (3) A taxicab owner licence shall, subject to the provisions of Sections 25 and 26 of this by-law, be re-instated upon production of proof of compliance with Subsection 14 (1) 15 By-law 2004-02 to the Chief Licence Inspector. 15. LEASING AGREEMENTS (1) A taxicab owner may, in lieu of purchasing a motor vehicle for use as a taxicab, obtain a motor vehicle by a leasing agreement provided that the leasing agreement for the motor vehicle to be used as a taxicab: (a) specifies the lessor is holder of the current motor vehicle permit issued pursuant to the Highway Traffic Act; and, (b) specifies as a minimum requirement: (i) the date of execution of the leasing agreement; (ii) the name and address of the lessee and lessor; (iii) the make, model, serial number and year of the motor vehicle; (iv) the motor vehicle permit number issued pursuant to the Highway Traffic Act; (v) the term and expiry date of the leasing agreement; (vi) the terms and conditions under which the lessee has the right to possession and control of the vehicle, under specified terms and conditions; (vii) all of the lessor’s and lessee’s rights to early termination of the leasing agreement; viii) the consideration, and the signatures of the lessee, the lessor and the witnesses thereto. (2) A taxicab owner licensed under this by-law who has entered into a leasing agreement under Subsection 15 (1) of this section shall file with the Chief Licence Inspector on the later of the date of issuance of the licence or the effective date of the leasing agreement a copy of the leasing agreement containing all the information referred to in Clauses 15 (1) (a) and (b). (3) Every taxicab owner shall notify or cause to be notified the Chief Licence Inspector in writing within ten (10) days of the termination of the leasing agreement for the motor vehicle registered in respect of his or her taxicab owner licence with the Municipality. 16. REPLACEMENT VEHICLE (1) Every licensed taxicab owner who replaces his or her taxicab shall apply to the Chief Licence Inspector to change the vehicle with respect to which the licence is designated prior to operating the taxicab, and shall comply with the provisions of Subsections 6 (1) and Section 8 and Section 10 of this by-law if a taxicab. 16 By-law 2004-02 (2) 17. Upon the Chief Licence Inspector being furnished with satisfactory proof that the applicant has complied with Subsection 16 (1) hereof and has paid the fee set out in Schedule “A” for taxicabs the Chief Licence Inspector shall change the vehicle with respect to which the taxicab licence is designated. TAXICAB OWNER CONDUCT AND REQUIREMENTS A taxicab owner licensed under this by-law shall: (1) Affix the taxicab owner plate securely to the right rear end of his or her taxicab at a location clearly visible to any person located behind the taxicab. (2) Ensure that the taxicab owner plate remains securely affixed to his or her taxicab during the term of the licence. (3) Keep, at all times in his or her taxicab the original or a photocopy of the original of each of the following documents: (a) the current Ontario Motor Vehicle Permit issued for the licensed taxicab; (b) the taxi owner’s licence issued under this by-law; and, (c) the certificate of liability insurance for the motor vehicle conforming to the requirements for insurance coverage set out in Section 15 of this by-law. (4) Ensure that any person operating his or her taxicab for hire is a licensed taxicab driver. (5) Provide, on request of the Chief Licence Inspector, a list of all taxicab drivers operating taxicabs for which the taxicab owner has received a taxicab owner licence pursuant to this by-law, which list shall include an indication of the particular taxicab or taxicabs being operated by the taxicab driver. (6) Ensure that the taxicab conforms to the requirements of Subsection 9(1) (b), (c), (d) and (e) at the end of each week of use. (7) Inspect his or her taxicab within twenty-four hours of receiving notice of a defect with the taxicab or of an accident involving the taxicab. (8) Maintain a record of all inspections of a taxicab conducted pursuant to Subsection 17.(7), which record shall include: (a) the taxicab owner licence number in respect of the taxicab examined; (b) the date and time of the examination; (c) the odometer reading of the taxicab; (d) an enumeration of any defects found; and, (e) an indication of action taken to ensure rectification of defects found with his or 17 By-law 2004-02 her taxicab. (9) Maintain a record of which licensed taxi drivers are operating his or her taxicab, which record shall include the days and times during which a taxicab driver exercises possession and control over the taxicab in a format acceptable to the Chief Licence Officer. (10) Keep for eight (8) months all records referred to in Subsections 17 (8) and (9). (11) Produce records maintained and kept pursuant to Subsections 17 (8), (9) and (10) to the Chief Licence Inspector upon request. (12) Maintain insurance conforming to requirements set out in section 14 for his or her taxicab. (13) Behave civilly and courteously while carrying on the business of a taxicab owner in any provision of service to the general public. (14) Every licensed taxicab owner shall ensure that his or her taxicab is equipped to accept credit card payments. 18. TAXICAB BROKER LICENCE No licence shall be issued to an applicant for a taxicab broker licence unless and until the Municipality has been furnished with satisfactory proof that: (1) The applicant is at least eighteen (18) years of age. (2) The premises from which it is proposed to carry on the business: (a) complies with the zoning, building and property standards requirements of the Municipality; and, (b) is situated in the City of Clarence-Rockland; and, (c) the Chief of Police of the detachment of the Ontario Provincial Police providing police services within the geographic boundaries of the City of Clarence-Rockland has reported in writing as to the good character of the applicant. (3) The Chief Licence Inspector shall not be bound to issue a licence to any applicant if that applicant is found to be: (a) in breach of the law; (b) conducting activities which may be adverse to the public; (c) in contravention of this by-law or any other law. 18 By-law 2004-02 (4) The number of taxicab broker licences issued by the City may be increased, subject to Council approval. (a) 19. Subject to section 18.(4) the maximum taxicab owners licences shall not at any time exceed one (1) taxi broker licence for every five thousand (5000) residents in the City. TAXICAB BROKER REQUIREMENTS Every taxicab broker licensed under this by-law shall: (1) Maintain an office within the City of Clarence-Rockland or a location approved by resolution by City Council from which the dispatching of taxicabs and other activities of the taxi broker’s business shall be conducted (2) Provide, upon the request of the Chief Licence Inspector, a list of the names and licence numbers of all taxicab owners with whom he or she has entered into any arrangement for the provision of taxicab dispatch service. (3) After having in his disposal three (3) or more taxicabs, provide or ensure that taxicab dispatch service is provided for twenty-four (24) hours per day, seven (7) days per week to persons requesting taxicab service. (4) Ensure, where taxicab dispatch service is provided on behalf of the taxicab broker by a person other than the taxicab broker or his/her employee, that such person is: (a) licensed as a taxicab broker under this by-law; and, (b) directed to inform persons requesting taxicab service if a cab affiliated to a broker other than the broker requested to provide taxi service will be responding to a request for taxi service. (5) Ensure that every taxicab dispatched on a trip is equipped to accept credit card payments; (6) Not permit or allow any person not licensed as a taxicab driver under this by-law to operate any taxicab displaying identifying marks or equipment, metres or signs indicating that such person is operating a taxicab affiliated to the taxicab broker dispatch service. (7) Not accept calls for, or in any way dispatch or direct calls to taxicabs where: (a) the taxicab owner does not hold a licence issued under this by-law, or; (b) where the licence of the taxicab owner is under suspension, which would permit the taxicab to commence the transportation of passengers or goods from the place to which the taxicab is dispatched or directed. 19 By-law 2004-02 (8) Keep a record of all taxicabs dispatched, which record shall include: (a) the time and date of dispatch of a taxicab; (b) the taxicab owner’s licence number and Municipal licence plate number of a taxicab to which dispatch service has been provided in respect of each trip assigned to the taxicab; and (c) the place of pick-up of the person requesting taxicab service. (9) Keep for ninety (90) days of each calendar year all records referred to in Subsection 19 (8) to the prior ninety (90) days. (10) Make records maintained and kept pursuant to Subsections (8) and (9) available to the Chief Licence Inspector. (11) Have the right to refuse to provide taxicab service to a person who: (a) has not made payment for any previous trip; (b) refuses to pay by any form of remuneration acceptable to the taxicab broker. (12) Punctually dispatch taxicabs in order that taxicab drivers may keep all engagements; (13) Inform a person requesting taxicab service of the approximate time of any delay in providing taxicab service before accepting a request for taxicab service. (14) Ensure that the taxicab broker, and any of its employees engaged in the provision of services to the general public while carrying on the business of a taxicab broker, behave civilly and courteously recognizing the taxicab broker’s role in the provision of a public transportation service and recognizing the public trust and public interest placed upon the taxicab broker. 20. TRANSPORTATION AGREEMENTS (Reserved) 21. PASSENGER CONDUCT (1) No person hiring a taxicab shall refuse, upon demand by a taxicab driver, to pay the fare specified in the tariff provided in Schedule “B” of this by-law. (2) When a dispute arises between a person hiring a taxicab and a taxicab driver respecting the fare to be charged for taxicab service, the person hiring the taxicab may refer the dispute to the Chief Licence Inspector for investigation and 20 By-law 2004-02 appropriate action. (3) A passenger or taxicab driver in a taxicab shall refrain from smoking, as set out in the City’s smoking By-laws, as may be amended. (4) The Chief Licence Inspector shall, upon receipt of notice of a dispute respecting a fare charged for taxicab service, make or cause to be made an investigation of the dispute and may order re-payment of any excessive charge made by a taxicab driver. (5) A passenger may refuse to take a taxicab made available to the person if that taxicab does not meet the vehicle standards as provided for in this By-law. 22. ISSUANCE OF TAXICAB LICENCE (1) Upon issuance of a taxicab driver licence certificate, the Chief Licence Inspector shall: (a) indicate on the licence certificate, the taxicab driver’s number; (b) furnish an identification card, containing the taxicab driver’s photograph, name, number. (2) Upon issuance of a taxicab owner licence certificate, the Chief Licence Inspector shall furnish: (a) a plate or an annual validation sticker where applicable; (b) a driver identification card; and, (c) a passenger information card, including the telephone number of the City of Clarence-Rockland; (d) a tariff sheet described in Subsection 12 (4); (e) taxi plate owner certificate. (3) Upon issuance of a taxicab broker licence, the Chief Licence Inspector shall issue a licence certificate to the taxicab broker. (4) On the application for a licence, or the renewal hereof, the applicant shall complete the prescribed forms and shall furnish to the municipality such information as the Municipality may direct to be furnished, and file the completed application with the Chief Licence Inspector. (5) No license shall be issued by the Chief License Inspector unless and until he or she is in receipt of the application processing fee and the license fee set out in Schedule “A” by cash or certified cheque. 21 By-law 2004-02 (6) Where an original application for a license is filed after the expiry of the first six months of the license period set out in Schedule “A”, the applicant shall pay at the time of issuance of the license one-half of the license fee set out in Schedule “A”. (7) The Chief Licence Inspector shall, upon receipt of an application for a licence, make or cause to be made all investigations relative to such application as may be required by law or by the Municipality. (8) If the investigations referred to in Subsection 22 (7) disclose any reason to believe that the applicant’s character may not be good, that the applicant does not meet the requirements of the by-law, or that the carrying out of the activities of the licensee may result in a breach of the law, or may be in any way adverse to the public interest, the Chief Licence Inspector shall refuse to issue a licence. (9) Where the Chief Licence Inspector refuses to issue a licence to an applicant, the Chief Licence Inspector shall send notice of such refusal by registered mail or by hand to the address of the applicant and, if mailed, shall be deemed received five days following mailing of the notice. (10) An applicant in receipt of a notice pursuant to Subsection 22 (9) may, within fourteen (14) days of the receipt date of the notice, apply in writing to the Council for a review of the refusal of the Chief Licence Inspector to issue the licence applied for by filing said application for a review with the Chief Licence Inspector. (11) The Chief Licence Inspector, upon receipt of the application for review referred to in Subsection 22 (10) shall forthwith determine the time and date of the review hearing, which shall be the next meeting of Council. (12) The Chief Licence Inspector shall forthwith give notice in writing to the applicant of the meeting, said notice to be served by registered mail or by hand to the applicant at his or her address as shown on the application for a licence. The time and date that Council will hold the review hearing shall be set out in the notice. (13) The applicant may be represented at the review hearing by counsel and the applicant or counsel shall have the right to produce evidence, submit argument in support of his or her application for a licence, and cross-examine any witnesses adverse in interest to him or her. (14) The Municipality may be represented at the review hearing by counsel who shall be entitled to question the applicant, produce evidence and submit arguments in reply to evidence and argument on behalf of the municipality. (15) At the review hearing, the onus shall be upon the applicant to show why he or she should be granted the licence applied for. 22 By-law 2004-02 (16) Council shall give its decision in writing to the Chief Licence Inspector within seven (7) days of the date of the completion of the review hearing. (17) The Chief Licence Inspector shall forthwith notify the applicant of such decision by serving a copy by registered mail or by hand to the applicant at the address shown on the application for a licence. (18) If the applicant signifies at the review hearing that he or she is prepared to accept conditions upon his or her licence and will make no objection to such conditions, Council may render a decision granting the applicant the licence applied for upon such conditions as it considers appropriate and as are authorized by law. (19) All review hearings shall be public hearings unless the applicant requests that the hearing be held in camera and Council may approve the request by a simple majority. (20) The decision of Council shall be final and binding. 23. TERM OF LICENCE (1) Every licence issued pursuant to this by-law to a taxicab driver, to an owner of a taxicab or to a taxicab broker, shall, subject to the provisions of Sections 13, 14, and 25, be valid for a period of one (1) year only and shall expire in each year on the date set out in Schedule "A" opposite the description of the license. (2) Applications for renewals of licences must be completed and submitted to the Chief Licence Inspector no later than thirty (30) days prior to the expiration of each licence. (3) Where an application for renewal of a licence is not submitted to the Chief Licence Inspector prior to the expiry date of a licence, the licensee may make application for renewal up to and including the thirtieth day after the expiry date of the licence. (4) In the event that the licensee does not renew his or her licence on or before the thirtieth day after the expiry date of the licence, the licensee ceases to be a licensee and any application submitted shall be considered a new application for licence. 24. TRANSFER OF LICENCES (1) All licences issued by the Municipality pursuant to this by-law shall remain the sole and exclusive property of the Municipality. 23 By-law 2004-02 (2) No taxicab broker licence shall be transferred or otherwise disposed of. (3) No taxicab driver’s licence shall be transferred or otherwise disposed of. (4) No taxicab owner’s licence shall be transferred or otherwise disposed of, except as provided by Sections 25 and 26 of this by-law. (5) No licences issued pursuant to this by-law shall be held by a corporation. 25. CHANGE OF LICENCE HOLDER (1) Except as provided by Section 26, the name of the holder of a taxicab owner’s licence shall not be changed unless and until the Chief Licence Inspector has been furnished with: (a) (b) (c) satisfactory proof that the new holder of the taxicab owner licence has complied with the provisions of Subsection 6 (1) for taxicabs and of Subsection 14 (1) of this by-law for taxicabs; a duly executed copy of a written agreement between the holder of the taxicab owner licence and the proposed new holder of the taxicab owner’s licence containing the details of their dealings in respect of such taxicab, equipment, taximeter, where applicable, and shall also include the interest of the holder in the licence and licence plate, good-will, if any and any other thing included in the agreement pursuant to which the holder of the taxicab owner licence agrees to have the proposed new holder of the taxicab owner’s licence replace him or her as the holder of the licence; two (2) affidavits, one made by the holder of the taxicab owner’s licence and the other made by the proposed new holder of the taxicab owner’s licence setting out the true consideration for the taxicab, equipment, taximeter, where applicable, and shall also include the interest of the holder in the licence and licence plate, goodwill, if any, and any other thing included in the agreement. (2) The Chief Licence Inspector shall not approve the change of the name of the holder of a taxicab owner licence unless and until the fees for the registration of the change of the name of the licence holder set out in Schedule “A” for taxicabs has been paid. (3) The Chief Licence Inspector shall give notice to the holder of the taxicab owner licence and to the proposed new holder of the taxicab owner licence of the approval or refusal of the change of the name of the holder of the taxicab owner licence and, where an approval has been provided, that a licence would be issued to the proposed new holder of the taxicab owner licence. 24 By-law 2004-02 26. DEATH OF LICENCE HOLDER (1) In the event of the death of the holder of a taxicab owner licence or a taxicab broker licence, the heirs, executors, administrators, successors or assigns or other legal representatives shall have a period of six (6) months within which to arrange for the sale of the taxicab broker business or to arrange for the change of the name of the holder of the taxicab owner licence, without the licence being revoked, provided that the death of the licensee was reported to the Chief Licence Inspector within thirty (30) days of its happening. (2) (a) (b) (3) 27. If the licence expires within the aforementioned period of six (6) months, the heirs, executors, administrators, successors or assigns or other legal representatives may renew the licence on the condition that it will expire on the termination of the aforementioned period of six (6) months; Notwithstanding Clause 26(2)(a), the provisions of Clauses 6 (1) (a), (b), (c) and (f) shall not apply for taxicabs. When the legal spouse or child of a deceased holder of a taxicab owner’s licence applies for a change of the name of the holder of the taxicab owner’s licence pursuant to this section of this by-law, and provided that the legal spouse or child is the heir of the deceased taxicab owner in respect of the taxicab owner’s business and has participated in the deceased taxicab owner business, the requirements of Clause 25 (1) (b) and (c) and Subsection 25 (2) shall not apply. SUSPENSION AND REVOCATION (1) Council, after a hearing, may revoke any or each of the licences held by a licensee for cause and without limiting the generality of the foregoing for: (a) a breach of the law; (b) anything which may be in any way adverse to the public interest; (c) any other matter which the Municipality is authorized by law to consider (d) any violation of the provisions of this by-law, or (e) if the taxicab is not actively being used to pick up passengers. (2) Council may suspend a licence for cause for any period that is less than the unexpired part of the period for which it was issued in lieu of revocation as provided in Subsection 27 (1) hereof. (3) The Chief Licence Inspector may suspend for cause any licence for up to fourteen (14) days or until a meeting of Council occurring not less than forty-eight hours after the time of the suspension, whichever occurs first, and upon suspending any licence shall notify Council as to the suspension. 25 By-law 2004-02 (4) The Chief Licence Inspector may report to Council any breaches by the licensee as referred to in Subsection 27 (1) hereof. (5) Upon receipt of the report referred to in Subsection 27 (4) hereof, the Chief Licence Inspector shall determine the time and date of the hearing which shall be the next meeting of Council, and shall forthwith give notice in writing to the licensee, said notice to: (a) (b) 28. include a statement; (i) as to the time, date, place and purpose of the hearing and a statement as to the reasons for the suspension, including reasonable information of any allegations as to the character, or propriety of conduct or competence of a licensee, if same are in issue; and (ii) that if the licensee does not attend the hearing, Council may proceed in his or her absence and he or she will not be entitled to any further notice; be served personally or by registered mail to the licensee at his or her address last known to the Chief Licence Inspector. DISPOSITION OF PROCEEDINGS Notwithstanding any of the provisions of this by-law, any proceedings may be disposed of by a decision of Council given: (1) Without a hearing; or, (2) Without compliance with any other requirements of The Statutory Powers Procedures Act, or of this by-law incorporating such requirements; and, (3) Where the licensee has waived such hearing or compliance. 29. HEARINGS (1) Council shall hold the hearing at the time, date and place set out in the notice referred to in Subsection 27 (5) hereof. (2) The Municipality may be represented at the hearing by counsel who is entitled to produce evidence and submit argument. (3) The licensee may, at the hearing: (a) be represented by counsel or an agent; (b) call and examine witnesses and present his or her arguments and submissions; and, 26 By-law 2004-02 (c) conduct cross-examination of witnesses reasonably required for a full and fair disclosure. (4) Council shall give its decision in writing to the Chief Licence Inspector within seven (7) days of the date of the completion of the hearing. (5) The Chief Licence Inspector, in receipt of the decision referred to in Subsection 29 (4) hereof, shall forthwith notify the licensee of the decision by serving a copy personally or by registered mail to: (a) (b) the licensee at his or her address last known to the Chief Licence Inspector; or, the counsel or agent of the licensee, if any, at his or her address as stated to the municipality. (6) In addition to or in substitution for the suspension of a taxi driver’s licence, the Council may require that a taxi driver’s licence holder successfully complete such portions of the training course described in Section 4 as Council may prescribe prior to reinstating the privileges of a licence holder. (7) All hearings shall be public hearings unless the licensee requests that the hearing be held in camera and the Council may approve the request by a simple majority. (8) Council’s decision shall be final and binding. 30. TAXI METER RATE ADJUSTMENT (1) 31. The meter rate adjustment and tariff are subject to Council approval, and prescribed in Schedule “B” of this By-law. REBATE COUPONS AND ADVERTIZING (1) No coupons, vouchers or any type of rebate certificates shall be accepted as payment, by the taxi owners and drivers, that reduces the taxicab service fare. (2) No taxicab brokers, owners and drivers are to advertise or promote taxi service in any way which contravene any of the provisions or intent of this by-law. 32. TAXI OWNER APPLICATION FEE (1) A new applicant for a taxicab owner licence shall complete the application form and pay the application fee set out in Schedule “A” in the case of taxicabs. 27 By-law 2004-02 33. WAITING LIST (1) 34. Taxi Owner Waiting List: (a) The applicant’s name shall be added to the list of persons desiring a taxicab owner licence, in order of receipt; (b) All licences shall be issued in accordance with the priority established by the waiting list provided that the applicant is in compliance with the provisions of Section 6 hereof; (c) No person whose name is on the waiting list mentioned in Clause 33 (1) (b) hereof shall apply to the Chief Licence Inspector to have his or her name placed on the same list; (d) Upon the transfer of a licence being approved pursuant to Sections 25 and 26, the names of the transferor and the transferee shall be struck off the waiting list. NOTICE (1) 35. Any notice or order required to be given or served under this by-law is sufficiently given or served if delivered personally or sent by registered mail, addressed to the person to whom delivery or service is required to be made at the last address for service appearing on the application record with the Chief Licence Inspector. FALSE INFORMATION (1) 36. No person shall provide false, misleading or incorrect information for the purpose of securing a licence issued pursuant to this by-law. PENALTIES (1) Any person who contravenes any of the provisions of the by-laws is guilty of an offence and upon conviction shall forfeit and pay a penalty as provided for in the Provincial Offences Act, R.S.O. 1990, Chapter P.33., as amended. (2) In addition to the penalty provided in subsection 1, an owner and/or driver, on a second offence conviction, shall have his licence suspended for a period of two years, without holding a hearing under Subsection 27 (1). 28 By-law 2004-02 37. INTERPRETATION (1) In this by-law, any words importing the singular number or the masculine gender only include more persons, parties or things of the same kind than one, and females as well as males and the converse. (2) Schedules contained in this by-law shall be deemed to form part of this by-law. (3) All notices served by mail pursuant to this by-law shall be deemed to be received five (5) days following mailing of the notice. (4) Where the time for doing an act under this by-law expires on a Saturday, on a Sunday or on a statutory holiday, the act may be done on the next day that is not a Saturday, a Sunday or a statutory holiday. 38. SEVERABILITY (1) 39. If any section, subsection or part of parts of this by-law is declared by any Court of law to be bad, illegal or ultra vires, such section, subsection 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. SHORT TITLE (1) This By-law may be cited as “The City of Clarence-Rockland Taxi Licensing By-Law”. 40. That By-law No. 1989-27 is hereby repealed. 41. That this By-law shall come into force and take effect on date it is duly adopted. READ, DONE AND PASSED IN OPEN COUNCIL, THIS 11TH DAY OF MAY, 2004. Richard Lalonde, Mayor Daniel Gatien, Clerk 29 By-law 2004-02 BY-LAW NUMBER NO. 2004-02 SCHEDULE “A” 1. Description of Fees Fee in $ Application Processing Fee - Original License - Renewal of a License 100.00 Expiry Date (where applicable) 50.00 2. License Fees - Taxicab Driver - Taxicab Owner – Standard Taxicab - Taxicab Owner – Standard Taxicab whose taxicab is equipped to use low emission fuels granted $25.00 reduction - Taxicab Broker – 1 to 10 taxicabs 3 Late Fee (in addition to license fee) 4 License Transfer Fees - Taxicab Owner to Taxicab Owner 5. 50.00 100.00 75.00 April 30 April 30 300.00 April 30 50.00 10% of the true consideration in the sale agreement up to a maximum of $5,800.00 - Taxicab Owner – license transfer fee from deceased taxicab owner to legal spouse or child within 3 months of death of licensee - Vehicle to Replacement Vehicle 50.00 50.00 Replacement or Duplicate Fees - License Plate - License Certificate 30.00 20.00 30 By-law 2004-02 6. - Photo Identification - Tariff Card 10.00 10.00 Inspection Fee per Vehicle - Meter Check after initial check - Vehicle Re-inspection 20.00 50.00 31 By-law 2004-02 BY-LAW NUMBER NO. 2004-02 SCHEDULE "B" TARIFF 1. One to Seven Passengers: For the first 90 metres or part thereof ...............................................................$ 2.50 For each additional 90 metres or part thereof ...................................................$ 0.15 For each twenty-three (23) seconds waiting time or part thereof while under engagement .......................................................................$ 0.15 2. Baggage: Per item Brief case, hand baggage, grocery bag, parcel or carton of comparable size (over 4 items) ..................................$ 0.25 (not to exceed $2.00) Wheelchair .................................................................................................No Charge Trunks and other bulky items not referred to herein, the tariff shall be agreed upon between the Driver and the Passenger(s) before commencement of the trip, but shall not exceed ...................................$ 2.00 3. Cleaning of Taxicab ...................................................................................................$35.00 32
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