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HomeMy WebLinkAbout2017-02-8478I,— ORDINANCE NO. 2017-2-8478 AN ORDINANCE AMENDING SECTION 122 OF THE CODE OF ORDINANCES OF THE CITY OF PADUCAH, KENTUCKY. BE IT ORDAINED BY THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That Article II – TAXICABS, Section 122 shall be amended to read as follows: Sec. 122 -31. -Definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Downtown Traffic District. The area bounded by the south line of Washington Street between First Street and South Ninth Street; by the west line of Ninth Street between Washington Street and Monroe Street; by the north line of Monroe Street between North Ninth Street and Second Street; by the east line of North Second Street from Monroe Street to Jefferson Street; by the north line of Jefferson Street from Second Street to First Street; and by the east line of First Street from Jefferson Street to Washington Street. (Code 1968, § 31-46) Lieense y n year- i.Jaft ,ar-y 1 eaeh year- and ending o Deee,, be,. 31 i the soman (rode 968j § 31 4� `T �TTT") Licensee. Any natural person, corporation, firm, partnership, association, group, or organization to whom or to which a license has been issued for the privilege of engaging in a business of operating taxicabs or for the privilege of driving a taxicab. (Code 1968, § 31-48). License Year. A 12 -month period beginning on the date license is granted and ending 12 months following the date the license is granted. Owner. Any natural person, corporation, firm, partnership, association, or any other kind of group or organization engaging in or owning a business of operating a taxicab or taxicabs. The word shall also be construed to mean a manager of a taxicab business owned wholly or partly by another person or other persons. (Code 1968, § 31-44). Sponsorinz Taxicab Company. Any taxicab company which is licensed by the city, and which either employs a licensed taxicab driver, or intends to employ a licensed taxicab driver by affirming in writing to the Chief of Police that it intends to employ such applicant. Standing A parked taxicab which is attended by a taxicab driver and which is parked while awaiting a call to transport passengers. Street. Any street, alley, avenue, court, lane, or other public way of the city. (Code 1968, § 31-45). Taxicab. Any common carrier motor vehicle designed or constructed to transport passengers, not more than six in number exclusive of the driver, and not operating over any regular route, and the destination of which is designated by the passengers at the time of such transportation. The term does not include school buses, chartered buses, hearses, ambulances= "transuortation network companv vehicles" as defined in KRS 281.010(55), or vehicles used for weddings, christenings or similar events. (Code 1968, § 31-43). 24 Taxicab Stands. Anv on -street or off-street parking location, including parking lanes or parking stalls, which are designated parking or standing locations for taxicabs waiting for passengers. Off -Street Parking/Standing: Parking or standing by a taxicab in any privately - owned parking lot which is open to public use. Sec. 122-32. — Licenses and permit requirements for taxicab businesses. (a) State License(s) required: No person shall engage in the business of operating a taxicab upon the streets of the city without having first obtained licenses, certificates, and permits to operate required by the state for each operation, and any person who has obtained the licenses, certificates, and -a permits to operate a taxicab under the Motor Carrier Laws, KRS Ch. 281, shall be deemed a licensee e€lb the city. Business License: No person shall engage in the business of operating a taxicab company in the city without a valid business license issued pursuant to Sec. 106- 69 of the Paducah Code of Ordinances. (c) Taxicab Driver's License — Owner's Responsibility: No owner shall permit any driver to operate a taxicab for his/her business within the city without such driver possessing a valid Taxicab Driver's License, under Section 122-33 of the Paducah Code of Ordinances. Taxicab Inspection Sticker — Owner's Responsibility: No owner shall permit any- taxicab nytaxicab to be operated for his/her business within the city without a current Taxicab Inspection Sticker issued pursuant to this section. See. 122-3J3. Makiteaanee ofd ehiecies-and equipment Eaek taxieab eA%er- shall keep Ms t&xieab and equipment in good repair- and in a safe, elean aod sanitar-y eeiiditien at all times, and shall not permit a twdeab to be operated if the same is not in goodrepair- 6i- in a safe, elea r, or— san eeild4ieir. (n..d e f i 29 52; rode 1968, § 31 26; Code 1996, § 119 .32) Sec. 122-33. — Application and Issuance of Taxicab Driver's License. (a) Generally 1. Applications: Applicants for taxicab driver's licenses shall be made in person at the Paducah Police Department Record's Division during normal business hours. 2. Any person desiring to obtain a taxicab driver's license shall submit to the Chief of Police or his designee a completed, signed, and sworn application on forms to be furnished by the city, containing all information requested therein. 3. Issuance/Reiection of Taxicab Driver's License: The Chief of Police or his designee shall either issue the taxicab driver's license to the applicant or state the reason(s) for resection to both the applicant and owner in writing within ten (10) business days of submission of the application. Reasons for resection shall be documented and kept on file with the application for Taxicab Driver's License. Any rejections may be appealed to the City Manager within thirty (30) days of receipt of the notice of rejection. 4. Applications for Taxicab Drivers' Licenses must be accompanied by a letter of intent to hire by a Sponsoring Taxicab Company licensed and operating in the city in accordance with this ordinance. 5. Issuance of Taxicab Drivers' Licenses. Issuance of Taxicab Driver's Licenses are considered contingent on gainful employment with the Sponsoring Taxicab Company. They are considered null and void if the 25 licensee separates employment for any reason and are non -transferable to other taxicab companies. 6. Taxicab Driver's Licenses are valid for twelve (12) months from the date of issue, or until the taxicab driver's separation from employment from the Sponsoring Taxicab Company, whichever occurs first. Application Requirements: 1. Applicants must be at least eighteen (18) years of age at the time of application. 2. At the time of application, the applicant must: i. Present a valid state issued driver's license with a current address; H. Submit a completed, signed, and sworn application for a Taxicab Driver's License; iii. Submit a waiver permitting the Chief of Police or his designee to share the applicant's application, background check, and other pertinent information with the Sponsoring Taxicab Company; iv. Submit two character references from reputable residents of the city, who have personal knowledge of the applicant's character and reputation; v. Submit to a criminal background check at the cost of the applicant or of the SponsoringTaxicab Company; vi. Submit to have his/her fmgerprints taken by personnel with the Paducah Police Department; vii. Submit to have his/her photograph taken by personnel with the Paducah Police Department; and viii. Demonstrate that he/she can read, write, and speak the English language. 3. Each applicant for a license under sections 122-33 must certify that he/she is physically and mentally capable of operating a taxicab and can otherwise safely work with the public in unsupervised spaces. If the Chief of Police or his designee has reasonable grounds to believe that a Physical and/or mental examination of any applicant should be required, the Chief of Police may require the applicant to obtain a fitness for duty certification by a licensed physician, surgeon, or mental health professional holding a medical degree, certifying that the applicant is physically and/or is mentally capable of operating a taxicab on the streets in the city, has no physical defects which would handicap him/her in such operation, and/or that he/she is mentally capable of safely working with the public in unsupervised spaces and -which would not otherwise put the public at risk. Reasonable Grounds to believe that a physical and/or mental examination should be required shall include: L Indication that the applicant has been involved in four (4) or more at -fault motor vehicle accidents, as determined by the Traffic Collision Reports, within the previous five (5) year period; ii. Information that the applicant has been arrested under KRS 202A.041, two (2) or more times in the previous two (2) year period; iii. Information that the applicant has one (1) or more Emergency- Protective mergencyProtective Orders (EPOs) or Domestic Violence Orders (DVOs) against him/her at the time of the application, or that he/she has had two (2) or more EPOs or DVOs in the previous two (2) year period. (c) Disqualification: The Chief of Police may refuse and/or reject an application for a taxicab driver's license to any individual for the following reasons: 1. Failure to demonstrate U.S. Citizenship; 2. Falsifying information in an application for taxicab driver's license; 26 3. Conviction of any of the offenses included in any portion of KRS 281.6301, including: i. A Class A felony; ii. A Class B felony; iii. A sex crime as defined in KRS 17.500; iv. Leaving the scene of a traffic accident; v. Causing a fatality or fatalities through negligent operation of a vehicle; A. Using a vehicle in the commission of a felony involving the manufacture or distribution of a controlled substance; vii. Operating a motor vehicle on a suspended license in violation of KRS 186.620(2); viii. Operating a motor vehicle twenty-six (26) miles per hour or more in excess of the speed limit in violation of KRS 189.390; ix. Racing; or x. Four (4) convictions in the past three (3) years for operating a motor vehicle in excess of the speed limit in violation of KRS 189.390 or for any offense which requires the assessment of Penalty points by the Department of Motor Vehicles. 4. Conviction of operating a motor vehicle with alcohol concentration of or above .080 as set forth in KRS 189A.010, or revocation of operator's license due to refusal to submit to tests under KRS 189A.103 as set forth in KRS 189A.105 in the three years preceding the application for taxicab driver's license; 5. Failure to obtain a fitness -for -duty certification as more particularly described in Section 122-33(b)(3) herein; 6. Failure to comply with all requirements set forth in this ordinance. Renewal of Taxicab Driver's License: 1. Applications for the renewal of an existing Taxicab Driver's License shall be made at the Paducah Police Department at least ten (10) days before the expiration of the existing license but no sooner than thirty (30) days before the license is set to expire. Renewals relating to change in employment with the sponsoring taxicab company may be made at anv time. 2. Applications for the renewal of a Taxicab Driver's License shall follow the same procedures prescribed for original application, except for 122- 33(b)2 iv, vi, and viii, which are not required for renewal applications. (e) Update of Information for Taxicab Driver's License: 1. Taxicab Driver's Dutv to Report: If a taxicab driver incurs any charge that would become part of his/her criminal record while holding a Taxicab Driver's License, the taxicab driver must inform the Paducah Police Department within thirty (30) days of the charge. It shall further be the taxicab driver's duty to report to the Paducah Police Department regarding the status and disposition of the charges, in the event his or her taxicab driver's license is seized and/or suspended under Sec. 122-36(d). 2. Sponsoring Taxicab Company's Duty to Report: A Sponsoring Taxicab Company shall report charge(s) that would become part of any of its taxicab drivers' criminal records within thirty (30) days of the Sponsoring Taxicab Company becoming aware of the charge(s), and shall further report to the Paducah Police Department if the taxicab driver's employment has been terminated as a result of the charge(s). 3. A taxicab driver whose state -issued driver's license is suspended, revoked, or expired must notify the Paducah Police Department and surrender his/her Taxicab Driver's License to the Paducah Police 27 Department within twenty-four (24) hours of such suspension, revocation, or expiration. Sec. 122-34. — Application and Issuance of Taxicab Inspection Sticker. (a) Generally, 1. No taxicab shall be operated in the city without a valid Taxicab Inspection Sticker. 2. The Owner shall be responsible for obtaining a Taxicab Inspection Sticker. 3. Applications for Taxicab Inspection Stickers shall be made at the Paducah Police Department utilizing a form provided by the city. 4. The taxicab to be inspected shall be present for inspection at the Paducah Police Department at the time the Application for Taxicab Inspection Sticker is submitted, at which time the Chief of Police or his designee shall examine any and all components necessary for safe and lawful operation of a taxicab under this ordinance. 5. Taxicab inspection stickers are valid for twelve (12) months from the date of issue. (b) Taxicab Inspection Sticker Fee Schedule. Charges for Taxicab Inspection Stickers shall be as follows: 1. Application for new Taxicab: $ 25.00 per Taxicab. 2. Renewal of Taxicab Inspection Sticker: $ 15.00 per Inspection Sticker. (c) Application and Inspection Requirements. The Chief of Police or his designee shall inspect the taxicab and shall approve or deny Taxicab Inspection Stickers based on the following criteria: 1. Registration: Each taxicab shall display a valid state registration plate. 2. Proof of Insurance: Each taxicab shall contain valid proof of insurance as required by law. 3. Condition: All motor vehicle equipment and interior spaces shall be in good repair, safe, clean, and sanitary. 4. Signs and Display: Taxicabs shall display the legal (DBA or "doing business as") name of the Taxicab Company and the word "Taxi" prominently displayed on the outside of the vehicle in lettering no less than three (3) inches in height. The legal name and "Taxi" shall be affixed to the taxicab in a permanent or semi-permanent manner (i.e., paint or vinyl lettering). Magnetic signs which can easily be removed are not acceptable. In addition, taxicabs shall display a unique taxicab number or ID which shall make the taxicab distinguishable from other taxicabs in the Taxicab Company's fleet. All lettering shall be in a contrasting color such that required identification as described herein may be easily visible. 5. Taxicab Meter: The taxicab meter shall be demonstrably functional and accurate in recording mileage and time. The meter shall be fastened to the taxicab in a location which makes it easily visible to all passengers. 6. Taxicab Fare Rates: All taxicab fare rates shall be prominently displayed in an area which is conspicuous to potential passengers. Taxicab companies charging or intending to charge additional fees to customers paving with credit or debit cards shall include and display notice of those fees along with the regular taxicab fare rates. 28 7. Paper Receipts: Paper receipts must be available and shall include the Taxicab Company's legal name, business address, business phone number, service date, and fee amount. 8. Display of Taxicab Driver's License: Each licensee under Sec. 122-33 shall display his/her license, with a photo of the licensee thereon, in a conspicuous place within his/her taxicab, preferably on the back of the headrest for the driver's seat or front passenger seat. 9. Display of Taxicab Inspection Sticker. Current Taxicab Inspection Stickers must be displayed in the lower driver's side corner of the rear windshield of the vehicle and shall not be obscured. 10. Transfer of Sticker Prohibited: No taxicab sticker shall be sold, assigned, mortgaged, leased, or otherwise transferred at any time. Any such attempted transfer shall be cause for revocation of the Taxicab Inspection Sticker. Sec. 122-35. — Operation of Taxicabs. (a) Dress of Drivers: Every taxicab driver shall be clean in dress and in person while operating a taxicab. He/she shall wear a nametag, lanyard, or other identifying clothing item or accessory which identifies him/her with the taxicab company while operating a taxicab. (b) Conduct of Drivers: 1. Every driver or operator shall not smoke at any time while operating a taxicab with passengers. This shall include, but not be limited to, tobacco products, "e -cigarettes," and "vapor" devices. 2. No driver or operator shall, while operating a motor vehicle that is in motion, write, type, send, or read text -based communication using a computer, tablet, cellular telephone, or similar device to manually communicate with any person using text -based communication, including but not limited to communications referred to as text message, instant message, or electronic mail. This shall not prohibit the use of global positioning systems (GPS), or navigational systems. 3. No driver or operator shall receive or discharge passengers in the roadway, but shall pull to the right-hand side of the road and there receive or discharge passengers, except on one-way streets, where passengers may be received or discharged on either the right or left hand side of the road. 4. No driver or operator shall permit any other person to occupy or ride in the taxicab unless the patron or patrons first employing the taxicab shall consent to the acceptance of additional passengers or patrons. 5. No driver or operator shall permit any person who is not a paving patron or guest of a patron or employee of the Taxicab Company to ride in the taxicab while transporting patrons. 6. No driver or operator shall cruise in search of patrons in such areas and at such times as would congest traffic or be dangerous to pedestrians or other vehicles. 7. Refusal of Passengers: No driver or operator shall refuse or neglect to convey any orderly person or persons upon request unless: i. The taxicab driver is previously engaged; ii. The taxicab driver is unable or forbidden to do so by the provisions of this Chapter; 29 WMMI Sec. 122-35. — Operation of Taxicabs. (a) Dress of Drivers: Every taxicab driver shall be clean in dress and in person while operating a taxicab. He/she shall wear a nametag, lanyard, or other identifying clothing item or accessory which identifies him/her with the taxicab company while operating a taxicab. (b) Conduct of Drivers: 1. Every driver or operator shall not smoke at any time while operating a taxicab with passengers. This shall include, but not be limited to, tobacco products, "e -cigarettes," and "vapor" devices. 2. No driver or operator shall, while operating a motor vehicle that is in motion, write, type, send, or read text -based communication using a computer, tablet, cellular telephone, or similar device to manually communicate with any person using text -based communication, including but not limited to communications referred to as text message, instant message, or electronic mail. This shall not prohibit the use of global positioning systems (GPS), or navigational systems. 3. No driver or operator shall receive or discharge passengers in the roadway, but shall pull to the right-hand side of the road and there receive or discharge passengers, except on one-way streets, where passengers may be received or discharged on either the right or left hand side of the road. 4. No driver or operator shall permit any other person to occupy or ride in the taxicab unless the patron or patrons first employing the taxicab shall consent to the acceptance of additional passengers or patrons. 5. No driver or operator shall permit any person who is not a paving patron or guest of a patron or employee of the Taxicab Company to ride in the taxicab while transporting patrons. 6. No driver or operator shall cruise in search of patrons in such areas and at such times as would congest traffic or be dangerous to pedestrians or other vehicles. 7. Refusal of Passengers: No driver or operator shall refuse or neglect to convey any orderly person or persons upon request unless: i. The taxicab driver is previously engaged; ii. The taxicab driver is unable or forbidden to do so by the provisions of this Chapter; 29 iii. The taxicab driver has reason to believe that the person is engaged in a violation of federal, state, or local law; iv. The taxicab company has provided formal written notice to the refused person he/she will not be providing transportation based on his/her prior conduct; v. The taxicab driver has reasonable cause to fear injury to himself/herself, his/her property, or the taxicab; or vi. Other articulable good cause based upon an objective analysis of the circumstances. 8. No driver or operator shall engage in any other business ventures while operating a taxicab. (c) Soliciting Patrons: No taxicab driver shall solicit patronage in a loud, disrespectful, or discourteous tone of voice, sign, or manner. No taxicab driver shall obstruct the movement of any person or follow any person for the purpose of soliciting patronage. No taxicab driver shall solicit the patronage of persons assembled at the terminal or at intermediate points along an established route of any other common carrier when such persons have assembled for the purpose of using the service of a common carrier. However, a taxicab driver may respond to any call or signal from a pedestrian for a taxicab. (d) Trip Logs: 1. Every taxicab driver shall maintain a mechanical or electronic daily trip log on which all trips, including the time and place of origin, the destination of each trip, the number of passengers, and the amount of fare and charges, shall be recorded each day. 2. Forms for each trip log shall be furnished to the taxicab driver by the Owner and shall be in a format approved by the city. 3. All completed trip logs shall be maintained by the Owner and kept on record for no less than one year post -trip. (e) Excessive Passengers: A taxicab driver shall not carry more persons than the taxicab manufacturer's rated capacity for that taxicab during any single trip. (f) Taxicab Markings: It shall be unlawful to operate a vehicle marked with the identifying design of a taxicab company for the purpose of transporting passengers when there is no affiliation between the driver or certificate holder and that company. (g) Care of Taxicab: The owner of any taxicab shall be responsible for maintaining the vehicle equipment and interior spaces in good repair, and in safe, clean, and sanitary condition. (h) Parking and Standing: 1. Parking: All parking regulations of the city are applicable to taxicabs operating in the city. 2. Standing: i. Taxicab stands shall be used on a first-come first-served basis. ii. Where multiple taxicabs are allowed to stand in one location, taxicabs shall pull up to the parking stand from the rear and shall advance forward as the taxicabs ahead of him/her pull away. iii. Drivers shall stay within five (5) feet of their cab while standing and shall not solicit passengers or engage in loud or boisterous talk while at the stand. iv. Nothing in this chapter shall be construed as preventing a passenger from boarding the taxicab of his/her choice. 30 3. Designation of parking(standing lanes: Off-street parking/standing lanes or stalls may be designated by the property owner/manager so long as it does not violate other applicable laws or ordinances. 4. Special event parking/standing: At city -permitted events, the event organizer may designate special areas for taxicabs to park/stand in his/her permit, or if these areas are not pre -designated in the permit, the Chief of Police or his designee may designate special areas for parking/standing during the event hours. (i) Off -Street Parking: All of the ordinances detailed in this Section are applicable to taxicabs on off-street parking lots, as set forth in KRS 189.396. (j) Advertisements on Taxicabs: 1. Advertisements placed on taxicabs shall not obscure the view of the driver or of the passengers, or limit the operation of the vehicle. 2. Advertisements shall comply with other applicable ordinances regarding the display of obscene material, and all other applicable laws. (k) Posting of Fares: The schedule of fares shall be prominently posted in each taxicab at all times, including any and all additional fees associated with payment by credit card. (1) Receipts: The driver of any taxicab shall, on request by the passenger, render to the passenger, a receipt for the amount charged. All receipts, including those delivered electronically to the passenger, shall include the taxicab company's legal name, business address, business phone number, service date, and fee amount. Sperm -36. Selieiting ,..,,.eas .,long r-eute ,.f,,t intemediate peints along an established r-etAe of any other- eemmen eaiT-ier-, when sueh per-sens- have assembled for- the ptffpose of using the serviee of a ee F, but a taKieab drive 111(.1.,' respond J„ (lid. of 1 2952; Cede 19681 30; Code 1996, § 199.35), Sec. 122-36. — Administration and Enforcement. (a) Generally: It shall be the duty of the Paducah Police Department, in coniunction with the City Manager, to enforce and investigate the provisions of this Article. Pursuant to Sec. 2-271 of the Paducah Code of Ordinances and KRS 281.765, the Chief of Police and any sworn officer employed by the Paducah Police Department shall have full authority to enforce the provisions of this Article and to write citations for violations of the provisions hereof. (b) Administration: All applications, proof for payment of fees, complaints, or other written information concerning the administration of this Article shall be maintained and monitored by the Paducah Police Department, under the direction and supervision of the city manager. The city manager or his/her designee shall have the authority to promulgate such rules and regulations as are necessary for the orderly and complete administration of this Article. (c) Suspension of Taxicab Business License: A business license to operate a taxicab company may be suspended or revoked pursuant to the provisions set forth in Paducah Code of Ordinances Sec. 106-69(d). (d) Taxicab Driver's License: 1. Suspension: 31 a. Immoral. Lewd, or Unlawful Conduct not set forth under Sec. 122- 33(03: Any sworn police supervisor of the Paducah Police Department may immediately seize a taxicab driver's license upon probable cause to believe that the license holder has engaged in any immoral or lewd conduct or of any unlawful activity not set forth in Sec. 122-33(c)3, or if the taxicab driver permits the taxicab to be used for any immoral or illegal purpose or in violation of any applicable provision of the Paducah Code of Ordinances, or has been arrested, r cited, or otherwise charged with violation of any city ordinance, state or federal law punishable by less than one year imprisonment. i. Dismissal of charges: If the charge, citation, or violation is dismissed or the taxicab driver is otherwise adjudicated "not guilty", the taxicab driver's license shall be immediately reinstated upon proof of such provided by the taxicab driver. ii. Suspensions under this section shall not exceed one hundred eighty (180) days following an adjudication of guilt of the criminal charge, citation, or violation. However, it shall be the duty of the taxicab driver to seek reinstatement of his or her taxicab driver's license. b. Crimes punishable by at least one year imprisonment not set forth under Sec. 122-33(c)3: Any sworn police supervisor of the Paducah Police Department may immediately seize a taxicab driver's license upon probable cause to believe that the license holder has been charged with any state or federal law, rule, or regulation punishable by one year imprisonment or more. i. Dismissal of charges: If the charge, citation, or violation is dismissed or the taxicab driver is otherwise adjudicated "not guilty", the taxicab driver's license shall be immediately returned and/or reinstated upon proof of such provided by the taxicab driver. ii. Suspensions under this section shall not exceed one year following an adjudication of the criminal charge, citation, or violation. C. Probable cause to believe the taxicab driver may be a danger to himself or others: The Chief of Police, or his designee, may immediately seize a taxicab driver's license upon probable cause to believe that the license holder presents a danger to himself or others due to physical or mental conditions, crisis, or iniury. Any suspension following a hearing as set forth in Sec. 122-36(d)3 herein, shall remain in effect until such time that the license holder can establish that he or she can safely work with the public in unsupervised spaces, which shall be accomplished by medical examination and fitness for dutv certification, as set forth in Sec. 122-33(b)3. 2. Revocation: a. Any sworn police supervisor of the Paducah Police Department may immediately seize possession of a taxicab driver's license upon probable cause to believe that the license holder has been charged with any violation listed in Sec. 122-33(c)3. If the charge, citation, or violation is dismissed or the taxicab driver is otherwise adjudicated "not guilty", T the taxicab driver's license shall be immediately reinstated upon proof of such provided by the taxicab driver. b. Any sworn police supervisor of the Paducah Police Department may seize a taxicab driver's license if there is probable cause to believe that the taxicab driver is operating a taxicab in the city on a suspended taxicab driver's license. 3. Hearing: Following a fm -ding of probable cause to believe that the taxicab driver's license should be suspended or revoked, as more particularly described herein, the Chief of Police shall notify the taxicab driver of the 32 date, time, and place of a hearing to occur no more than thirty (30) days following the probable cause determination, at which time the taxicab driver shall be given an opportunity to respond to the allegations. The Chief of Police shall make a written finding of guilt or innocence. If found guilty, the punishment shall be in accordance with the provisions set forth in this section. 4. Appeals: The taxicab driver shall have ten (10) days in which to file a written appeal to the City Manager. If an appeal is filed, the City Manager shall schedule a hearing to be conducted within (30) days of receipt of the appeal, at which time the taxicab driver shall be given an opportunity to be heard. The City Manager's written finding following the appeal shall be issued within ten (10) days after the hearing. The taxicab company shall have the right to appeal the decision of the City Manager to the McCracken Circuit Court. Such appeal shall be made within thirty (30) days following entry of the City Manager's decision. (e) Taxicab Inspection Sticker: 1. Any sworn police supervisor of the Paducah Police Department may seize possession of a taxicab inspection sticker following the issuance of a citation to either the owner or the taxicab driver for violations relating to the taxicab or its equipment as found in the provisions of this chapter, rules and regulations issued hereunder, ordinances of the city, or any state or federal law, rule, or regulation. 2. Upon notice of such seizure, the taxicab company may request a hearing before the Chief of Police. If requested, the Chief of Police shall notify the taxicab company of the date, time, and place of a hearing to occur no more than ten (10) days following the request for hearing, at which time the taxicab company shall be given an opportunity to respond to the allegations. The Chief of Police shall make a written finding of guilt or innocence. If found guilty, the suspension shall be in place until the violation is remediated but shall be for no less than twenty (20) days. 3. Following the decision of the Chief of Police, the taxicab company shall have ten (10) days in which to file a written appeal to the City Manager. If an appeal is filed, the City Manager shall schedule a hearing to be conducted within (30) days following receipt of the appeal, at which point the taxicab company shall be given an opportunity to be heard. The City Manager's written decision following the appeal shall be issued within ten (10) days after the hearing. 4. The taxicab company shall have the right to appeal the decision of the City Manager to the McCracken Circuit Court. Such appeal shall be made within thirty (30) days following issuance of the City Manager's decision. (f) _Taxicab Operation/Trip Logs: Trip log inspection: Upon the request of any sworn member of the Paducah Police Department or of the City Manager or his/her designee, a taxicab driver must produce his/her trip log for the officer's review and/or copying. "lug IMER—pi"Wiff M - ARM �_. .. 33 If�a • ••_ • 34 NO • , NO olml.• NO• 34 I �.mum 35 �.mum I I IM WO ir Y. NMI 111 111 I I 1111IMPT7. 9pnoI MINN. NOW Mill Mill I I pt I "-Wlqm I 35 (nrcr of 1 29 52, Code 1968, § 31 6, Code 1996, § 119.42) See. 122 4 4. Display of d6ver-'s heense. Eaeh lieensee under- seetions 122 4 1 thfeiigh 122 4 7 shall display his lieense, with display may be pr-eser-ibed or- ehanged by the C14ef of Poliee. (Or -d. of 1 29 52; Code (Or -d. 1968,§ 7 31 62; 7 1996, § 19.43) �� J - -- -T'TT See. 22 45. Rene,,..,1 ., f driver's l;eense. Taxie ,b. drivers lieenses be fiem to by the Chef Peliee, by shall renewed yea year- of either- >Code> >Code> See. 122 46. Falsifying kAfmatien in applieafien for- driver's lieense. See. 122 4 7. Suspension or- r-&veeafien of dfWer-'s Heense. SECTION 2. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424, on April 1, 2017. There shall be a grace period from February 28, 2017 until March 31, 2017 at which time the fees, and only the fees, will be waived for current taxicab employees and vehicles. Any applications submitted on the effective date or thereafter will be subject to all fees as outlined in this ordinance. 36 �. 0 SECTION 2. This ordinance shall be read on two separate days and will become effective upon summary publication pursuant to KRS Chapter 424, on April 1, 2017. There shall be a grace period from February 28, 2017 until March 31, 2017 at which time the fees, and only the fees, will be waived for current taxicab employees and vehicles. Any applications submitted on the effective date or thereafter will be subject to all fees as outlined in this ordinance. 36 --BA,�Jl� iJk�� BRANDI HARLESS, MAYOR CITY CLERK Introduced by the Board of Commissioners, February 21, 2017 Adopted by the Board of Commissioners, February 28, 2017 Recorded by Lindsay Parish, Administrative Assistant III, February 28, 2017 Published by The Paducah Sun, March 3, 2017 Ord/ 122 — taxicabs ordinance amendment 37