Explanation
BACKGROUND:
This ordinance amends Chapters 585, 587, and 589 in the City's Vehicle for Hire Code specifically relating to the powers of the Vehicle for Hire Board.
At a special meeting of the Vehicle for Hire Board on December 12, 2013, it came to the City's attention that certain provisions relating to the transfer and issuance of new licenses were ambiguous. Upon further examination by the City Attorney's office, it was determined that the Vehicle for Hire Board was not adhering to a strict interpretation of these provisions.
For as long as staff and board members could remember, the Department of Public Safety, License Section had transferred and issued new licenses for drivers and owners as the applications were processed, on a rolling basis. The Vehicle for Hire Board would then vote on approval of these transfers and issuances at its monthly meetings. This allowed for applications to be processed in a timely, business friendly manner.
The City Attorney's office determined that this was not a strict adherence to the code as written. Pursuant to Chapters 585, 587, and 589, the Board shall approve all vehicle for hire owners' licenses, vehicle to vehicle transfers and owner to owner transfers. Once these have been approved, the Board will then give authority to the Director of Public Safety to issue the license and/or transfer the license.
On December 17, 2013, the License Section notified the Vehicle for Hire Board that it would not issue any new taxicab, livery, pedicab or horse carriage license until the Board approves the license. It would also not approve any vehicle to vehicle transfers or owner to owner transfers until the Board approves the transfer.
The Vehicle for Hire Board has a duty to meet at least once a month. A quorum is necessary for each meeting. It became apparent that strict adherence to the code would be either a burden for the board members who would need to meet more than once a month to approve the transfer and issuance of new licenses in a timely fashion or a burden on vehicle for hire owners and drivers who could end up waiting more than 30 days for the transfer or issuance of a new license.
At the January 23, 2014 Vehicle for Hire Board meeting, the Board voted to remove the transfer and issuance of new licenses from its powers and to place the power solely in the hands of the Director of Public Safety.
Following consideration of this legislation, City Council and the Department of Public Safety will continue to work to address the introduction of peer-to-peer transportation network services into Columbus' vehicle for hire industry.
FISCAL IMPACT: None.
Title
To amend various sections in Chapters 585, 587, and 589 of the Columbus City Code in order to transfer the power to approve all vehicle for hire owners' and drivers' licenses, vehicle to vehicle transfers and owner to owner transfers from the Vehicle for Hire Board to the Director of Public Safety; and to repeal the prior existing sections being amended.
Body
WHEREAS, there is a need to amend various sections in Chapters 585, 587, and 589, of the Columbus City Code in order to transfer the power to approve all vehicle for hire owners' and drivers' licenses, vehicle to vehicle transfers and owner to owner transfers from the Vehicle for Hire Board to the Director of Public Safety; and
WHEREAS, it is a goal of City Council to streamline government, improve customer service and promote business friendly practices; and
WHEREAS, the Vehicle for Hire Board is in agreement that the current code creates an unnecessary burden to small businesses; and
WHEREAS, removing unnecessary barriers when transferring or requesting new licenses will grant small businesses easier access to the City's License Section; and
WHEREAS, these changes will also support economic development in Columbus; and
WHEREAS, this ordinance establishes language and authorizes the amendment of various sections of Chapters 585, 587, and 589 of the Columbus City Code for the above-described purpose; now, therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That Section 585.03 of the Columbus City Code is hereby amended to read as follows:
585.03 Vehicle for Hire Board created.
(a) There is created a Vehicle for Hire Board consisting of fifteen (15) members as follows:
(1) The Director of Public Safety or a representative;
(2) The City Auditor or a representative;
(3) The chairperson of the public safety committee of the City Council or a representative;
(4) The owner of one (1) or more but less than twenty-five (25) licensed taxicab(s) who has been selected by a majority vote of owners of one (1) or more but less than twenty-five (25) taxicab(s) licensed by the city;
(5) The owner of twenty-five (25) or more licensed taxicabs who has been selected by a majority vote of the owners of twenty-five (25) or more taxicabs licensed by the city;
(6) A licensed taxicab driver selected as provided in Section 585.04
(7) Two (2) owners of licensed liveries;
(8) The owner of one (1) or more licensed pedicab(s); and
(9) Six (6) members appointed by the Mayor with the concurrence of City Council.
(b) The appointed membership shall consist of:
(1) A member of the Chamber of Commerce or a representative;
(2) A member of the Columbus Regional Airport Authority or a representative;
(3) A member of Experience Columbus or a representative;
(4) A member of the Greater Columbus Lodging Council; and
(5) Two (2) private citizens.
(c) If a tie occurs in the vote for any category for a member, the Mayor shall select the board member from those tied for the seat.
(d) The purpose of the Board shall be to serve as an advisory board and adopt rules and regulations governing administer or supervise the administration of the provisions of Chapters 585 through 594.
(e) No person may be appointed to the Board if he or she has any financial interest in the vehicle for hire industry. This shall not limit those representative members elected to the Board.
SECTION 2. That Section 585.07 of the Columbus City Code is hereby amended to read as follows:
585.07 Powers of the Board.
The Board shall have the power and authority to:
(a) Adopt rules and regulations governing the issuance of all licenses pertaining to taxicabs, liveries, pedicabs, and horse drawn carriages; the inspection of all vehicles for hire and their appurtenances; or any other matter under its supervision and control, as are reasonable, necessary and consistent with Chapters 585 through 594. A copy of all such rules and regulations shall be distributed to licensed vehicle for hire drivers and owners at the time of issuance or renewal of licenses.; and
(b) Grant or deny any vehicle for hire license.
SECTION 3. That Section 585.14 of the Columbus City Code is hereby amended to read as follows:
585.14 Meetings; hearings.
The Board shall meet at least once every month, at a time and place designated by the Board. The Board shall consider applications for vehicle for hire licenses and perform other all duties necessary to fulfill requirements assigned to the Board in Chapters 585 through 594. If a quorum cannot be assembled on the designated meeting date, then the meeting can be postponed until a time that a quorum can be assembled.
SECTION 4. That Section 587.05 of the Columbus City Code is hereby amended to read as follows:
587.05 Issuance of license.
(a) The Board Director may receive applications whenever Vehicle for Hire Owner's Licenses are available. If the Board Director finds that the application has been completed as provided in Section 587.03, the Director shall Board shall authorize the Director to issue a license. Licenses shall be issued to such eligible applicants upon completion of the following:
(1) Payment of the proper license fee pursuant to C.C.C. 587.04
(2) All applicable information pertaining to the particular vehicle to be licensed. Information shall include:
(A) State license number;
(B) Motor and serial numbers;
(C) Name and address of the person from whom the vehicle was purchased or leased; and
(D) A copy of the certificate of title or memorandum certificate of title;
(3) Evidence of liability protection as required in Section 587.14; and
(4) Certification by the Director under C.C.C. 587.12, 591.06, 592.05, 594.08, and 594.11 that the vehicle to be licensed has been inspected and complies with all pertinent safety regulations. The vehicle shall be reasonably clean and in safe condition so as to not cause personal injury or damage the clothing or possessions of the passenger(s). The vehicle must also be clearly identified by appropriate markings as required by C.C.C. 591.03, 592.03 and 594.07(b)(11);
(5) The Director has the authority to request additional information to clarify the applicant's application when necessary.
(b) After a vehicle successfully completes the inspection, a decal shall be issued by the Director and shall be affixed to the vehicle in the proper location pursuant to C.C.C. 591.02(d), 592.02(d), 593.02(d) and 594.03(f) . The decal shall clearly indicate that the vehicle has satisfied the inspection.
(c) If no licenses are available and the requirements of Section 587.03 are met, the Director shall issue to the applicant a written notice of eligibility, which shall expire sixty (60) days after the date of issuance thereof, unless rescinded or extended by the Board for good cause. Licenses shall be issued to holders of valid notices of eligibility in order of issuance of those notices as such licenses become available and upon payment of the proper license fee pursuant to Section 587.04.
SECTION 5. That Section 587.08 of the Columbus City Code is hereby amended to read as follows:
587.08 Transfer of license to other vehicle.
In the event the owner of a licensed vehicle shall cease to own the same, or in the event that such vehicle shall become unsuitable for operation after inspection, an affidavit to such effect may be filed with the Board Director. The Board Director shall, upon its approval, transfer the license to any other vehicle belonging to such owner once the following requirements have been met:
(a) The vehicle is approved by the Director;
(b) The vehicle complies with applicable provisions of Chapter 587 through 594 specifying vehicle for hire requirements; and
(c) Payment of a processing fee of one hundred and fifty dollars ($150.00) for taxicabs, livery vehicles, and horse drawn carriages and a processing fee of fifty dollars ($50.00) for pedicabs to the License Section.
SECTION 6. That Section 587.09 of the Columbus City Code is hereby amended to read as follows:
587.09 Transfer of license to other owner.
No Vehicle for Hire Owner's License for a taxicab shall be transferred from one (1) taxicab owner to another unless an application for transfer has been filed with the License Section and a hearing is held by the Board, which may grant or deny the application. The applicant for the transfer of a license shall file with his or her application the written consent of the existing taxicab owner of the license and shall comply with all the terms and conditions of the Columbus City Code governing vehicles for hire. A processing fee of two hundred and fifty dollars ($250.00) shall be imposed for such transfer. Every taxicab owner of a licensed vehicle for hire shall notify the Director upon the sale of any licensed vehicle when it is intended that the purchaser shall continue to operate it as a vehicle for hire within the City.
No Vehicle for Hire Owner's License issued to a livery vehicle, pedicab, or horse carriage shall be transferred from one (1) owner to another. Any Vehicle for Hire Owner's License issued for a livery vehicle, pedicab, or horse carriage and shall revert back to the City of Columbus.
SECTION 7. That Section 587.11 of the Columbus City Code is hereby amended to read as follows:
587.11 Grounds for permanent revocation, revocation and suspension of vehicle for hire owner's license.
The Director may permanently revoke, revoke or suspend the license of any licensed owner for any of the following acts or omissions by the owner:
(a) Permitting the operation of a vehicle for hire by any person who is not licensed pursuant to Chapter 589
(b) Obtaining a license by a false statement in his or her application;
(c) Misrepresenting or otherwise making false statements in his or her affidavit when applying for a duplicate license or driver identification card;
(d) Knowingly permitting the operation of a vehicle for hire by any person who is not suitably dressed, neat in appearance, and exercising good personal hygiene habits;
(e) Failing to post and maintain the schedule of rates filed with the Director for that vehicle in an area readily visible to the passenger;
(f) Knowingly permitting the operation of a vehicle for hire which displays the emblem of a credit card program or a discount program when the owner does not participate in such program;
(g) Knowingly permitting the operation of a vehicle for hire that displays the emblem of a credit card program but the credit card machine is currently out of service or not functioning properly;
(h) Failing to supply blank receipts; such receipts, when issued, must contain the name of the owner of the vehicle, its identification number, the identification of the driver, the date, a list of all items for which a charge is made, and the total amount paid;
(i) Failing to maintain the records and trip sheets required by Section 587.10
(j) Soliciting or knowingly permitting the solicitation of potential passengers by employees, agents or drivers operating the owner's vehicles by any means at a facility served by a designated taxi stand or by horn, bell, or other audible signal at any location. Solicitation shall not include the direction of a passenger to the first vehicle in a loading area, or to courtesy phones or nonaudible advertising located on the taxicab;
(k) Failing to appear before the Board Director when properly notified to do so;
(l) Disruptive behavior or misconduct at a meeting of the Board that prevents or disrupts an orderly meeting. This includes but is not limited to the use of profanity, yelling or screaming, preventing a recognized speaker from speaking, and failing to follow the rulings of the chairperson;
(m) Verbally threatening or attempting to intimidate any employee of the City of Columbus for actions taken in the enforcement of the provisions of Chapters 585 through 594; or
(n) Any other form of misconduct, which shall mean conduct apart from the generally accepted practices of vehicle for hire owners, which demonstrates personal, corporate, managerial, ethical or professional characteristics or disposition rendering a person unsuitable to own a vehicle for hire.
The Director shall revoke or permanently revoke an owner's license if it appears upon investigation and hearing that the license has been obtained by willful misrepresentation.
SECTION 8. That Section 587.13 of the Columbus City Code is hereby amended to read as follows:
587.13 Discontinuance of use as a vehicle for hire.
(a) When any vehicle for hire is removed from service, the owner shall:
(1) Remove or paint over all numbering and company or trade name identification if such vehicle is to be sold without permission to use such identification; or
(2) Clearly indicate by markings that such vehicle is no longer in service as a vehicle for hire if such vehicle is to be retained for use by the owner. This can be accomplished by adding lettering of the same size as that of the largest lettering in the approved scheme designating its purpose.
(b) This section shall not apply to sales by trustees in bankruptcy, sales by creditors, or sales to salvage yards of vehicles which are incapable of being returned to service.
(c) Upon determination that a violation of this section has occurred, the Director shall cause the licensee to be notified of the violation by phone or certified mail. Corrective measures must be made within ten (10) days of receiving the notification.
(1) If the vehicle remains in service after the designated time without correction, the Director can, upon proper hearing, suspend or revoke the right of the owner to operate any other vehicles for hire.
(2) If the vehicle remains in service after the designated time without correction and the owner is no longer in operation, a notation shall be made to require an appearance before the Board Director prior to the issuance of any vehicle for hire license in the future. If the Board Director finds such act to be with willful and knowing intent, the Board Director may refuse to issue any vehicle for hire license to such owner or may delay the issuance of the license for a period not to exceed ninety (90) days.
SECTION 9. That Section 587.14 of the Columbus City Code is hereby amended to read as follows:
587.14 Liability protection required.
No vehicle for hire owner's license shall be issued or renewed by the Board Director without evidence of liability protection. It shall be unlawful to operate or permit the operation of any vehicle for hire until the owner of the vehicle has deposited and maintained on deposit with the Director, subject to the approval of the Board, evidence of liability protection. The liability protection limit shall not be less than the amount listed below for the specific vehicle for hire to be licensed for liability imposed by law for damages on account of bodily injuries, death or property damages (other than injuries, death or property damages of the owner or vehicle for hire driver) in any one (1) accident resulting from the ownership, maintenance or use of each such vehicle for hire:
(a) Three hundred thousand dollars ($300,000) for taxicabs;
(b) Three hundred thousand dollars ($300,000) for pedicabs;
(c) Five hundred thousand dollars ($500,000) for livery vehicles; and
(d) Three hundred thousand dollars ($300,000) for horse carriages.
SECTION 10. That Section 589.05 of the Columbus City Code is hereby amended to read as follows:
589.05 Issuance of License.
(a) If the Director determines that an applicant satisfies the requirements for operating a vehicle for hire, under the provisions of Chapter 585 through 594 and under the rules or regulations adopted by the Board pursuant to C.C.C. 585.07, the Director shall have the authority to issue the license upon payment of the proper fee(s) as provided in C.C.C. 589.04.
(b) No license shall be issued to any applicant that has been convicted of the following offenses within the last seven (7) years:
(1) Operating, driving or being in physical control of a vehicle while under the influence of intoxicating liquor or drugs;
(2) Manslaughter or homicide of any degree resulting from the operation of a motor vehicle;
(3) Any felony in which physical violence is used;
(4) A felony, misdemeanor or code violation involving a sex offense, trafficking in controlled substances, or any offense of violence as defined in C.C.C. 2301.0;
(5) Any person required to register with the Sheriff's Office in the county he or she resides as a sexual offender or sexual predator pursuant to Ohio Revised Code 2950.03; or
(6) Any person convicted of a weapon violation.
(c) The Board Director shall review the application of the following persons prior to issuing a license and may require additional information and/or a personal appearance by the applicant:
(1) Any person on probation or parole for a felony or aggravated felony at the time of application;
(2) Any person released from a correctional facility within twelve months from the date of application; or
(3) Any person convicted of two (2) or more offenses relating to the illegal use or possession of drugs.
(d) Any applicant who has accumulated eight (8) or more points on his or her Ohio Driver License within the three (3) year period preceding the date of application may be required to appear before the Director who shall determine if a vehicle for hire driver's license should be issued.
(e) Nothing in this section shall be construed to limit the discretion of the Director to refuse to issue a license for these or other background related issues that may be outside of the above listed look back period.
(f) The Director shall have the authority to require up to four (4) hours of training or review relevant to the vehicle for hire industry as a prerequisite to the issuance or renewal of a Vehicle for Hire Driver's License. The applicant or licensee shall be responsible for any cost associated with this training.
SECTION 11. That Section 589.09 of the Columbus City Code is hereby amended to read as follows:
589.09 Grounds for Permanent Revocation, Revocation and Suspension.
The Director may permanently revoke, revoke or suspend the license of any licensed vehicle for hire driver for any of the following acts or omissions by the driver:
(a) Obtained a license by a false statement on his or her application, or upon misrepresentation or false statements in his or her affidavit in applying for a duplicate license or driver identification card;
(b) Has become physically or mentally incapable of operating a vehicle for hire;
(c) Been convicted of a crime involving moral turpitude;
(d) The driver has been found guilty of misconduct, which includes, but is not limited to:
(1) Failing to report within twenty-four (24) hours any accident in which the licensee is involved to the appropriate law enforcement agency;
(2) Possessing or using any controlled substance, as defined in Ohio Revised Code 3719.01 not specifically prescribed for him or her by a physician, or possessing any open intoxicating liquor container while in a vehicle for hire;
(3) Operating, driving or in otherwise being physical control of a vehicle while under the influence of intoxicating liquor or drugs;
(4) Operating, driving or in otherwise being physical control of a vehicle for hire where gambling is occurring regardless of whether the operator receives a percentage of the proceeds or not;
(5) Failing to display his or her driver identification card in the rear passenger compartment, or failing to provide his or her driver identification card upon demand of the passengers of a livery, failing to preserve such card in good order and condition, or displaying an expired driver identification card;
(6) Permitting a non-fare paying passenger to occupy a vehicle for hire while a paying passenger is present in the vehicle;
(7) Failing to deliver a correct and legible receipt to the person paying for the vehicle for hire if a receipt is requested. The receipt shall contain the identification numbers of the vehicle and its driver, all items for which a charge is made, the total amount paid and the date of payment;
(8) Failing to maintain the operator driver records and trip sheets required by C.C.C. 587.10;
(9) Operating a vehicle for hire which is unclean or unsightly. If, upon inspection under C.C.C. 587.12, a vehicle is found to be in violation of this subsection, the Director shall cause a memorandum of the inspection failure to be placed on the record of the driver, in addition to any action taken against the license of the vehicle;
(10) Operating a vehicle for hire while not in compliance with the standards established for drivers in the rules and regulations adopted by the Board. Any reprimand for this subsection shall be recorded on the permanent record of the driver.
(11) Subsequent offenses, extreme situations, or appeals of a license officer's determination under this subsection or Section 589.08 shall be brought before the Director;
(12) Accumulating twelve (12) or more points within a three (3) year period on the drivers Ohio Driver License. This shall apply whether any number of such points were accumulated before the granting of a Vehicle for Hire Driver's License or while operating a vehicle for hire;
(13) Violating enumerated in C.C.C. 589.05(b), or committing any crime which demonstrates personal characteristics rendering a person unsuitable to drive a vehicle for hire;
(14) Violating of C.C.C. 589.08(b), with the exception of C.C.C. 589.08(b)(3) which may result in suspension rather than revocation;
(15) Operating a vehicle for hire while wearing earphones, earbuds or headsets over the ears or with a television operating in the vehicle;
(16) Entering the airport grounds during a period for which the airport administrator or his or her designee has suspended the right of the driver to operate on those grounds, except that such driver may discharge a passenger at the airport if the trip has originated off airport property;
(17) Failing to summons the closest available vehicle if the vehicle for hire becomes disabled causing a delay that is unacceptable to the passenger(s). The operator driver may not charge more than the original trip would have cost if the disability did not occur;
(18) Failing to appear before the Board Director when properly notified to do so;
(19) Any other form of misconduct which shall mean conduct apart from the generally accepted practices of vehicle for hire drivers which demonstrates personal characteristics rendering a person unsuitable to operate a vehicle for hire;
(20) Engaging in disruptive behavior or misconduct at a meeting of the Board which prevents or disrupts an orderly meeting. This includes but is not limited to the use of profanity, yelling, screaming, preventing a recognized speaker from speaking, and failing to follow the rulings of the chairperson; or
(21) Verbally threatening or attempting to intimidate any employee of the city of Columbus for actions taken in the enforcement of the provisions of Chapters 585 594 of the Columbus City Codes.
SECTION 12. That Section 589.13 of the Columbus City Code is hereby amended to read as follows:
589.13 Return of License and Driver Identification Card.
Upon the Board's Director's refusal to grant renewal under the provisions of C.C.C. 589.05, or upon the Director's suspension, revocation or permanent revocation of any Vehicle for Hire Driver's License, the driver shall return to the Director his or her Vehicle for Hire Driver's License and driver identification card. In the event such items have been lost, the applicant shall file an affidavit to that effect with the Director. Failure to file such affidavit or to return the license and driver identification card shall be punishable according to Section 589.99.
SECTION 13. That prior existing sections 585.03, 585.07, 585.14, 587.05, 587.08, 587.09, 587.11, 587.13, 587.14, 589.05, 589.09, 589.13 are hereby repealed.
SECTION 14. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.