Kotzebue Municipal Code

Chapter 5.08
TAXICABS AND MOTOR BUSES
and
Chapter 5.09
FOOD DELIVERERS

Effective January 1, 2004

Chapter 5.08

TAXICABS AND MOTOR BUSES
Sections:
5.08.005 Definitions.
5.08.010 Taxicab permit, regulations.
5.08.020 Permit application, renewal and suspension.
5.08.030 Denial or revocation of taxicab or motor bus permit.
5.08.035 Appeals from taxicab and motor bus determinations.
5.08.040 Permit transfer.
5.08.050 Taxicab markings.
5.08.060 Taxicab equipment.
5.08.070 Insurance required.
5.08.080 Posting of insurance and taxi and motor bus permit.
5.08.090 Records.
5.08.095 Rates.
5.08.100 Motor bus permit application, regulations, denial or revocation of permit.
5.08.110 City issued chauffeur's permit.
5.08.120 Issuance of permit and fees.
5.08.130 Renewal or cancellation of a chauffeur's permit.
5.08.140 Appeal process.
5.08.150 Violation--penalty.

5.08.005 Definitions. As used in the chapter:
"Chauffeur's permit" means a permit granted by the city to operate a taxicab or motor bus upon the streets of the city as the driver or chauffeur thereof.
"Motor bus" means a vehicle designated to carry seven or more passengers, exclusive of the driver, for hire or pay, operating within the city.
"Police chief" means the chief of police or acting chief of police of the city.
"Taxicab" means a motor vehicle used for the purpose of carrying passengers for hire or pay, upon the public streets of the city, operating from a fixed stand or location, but not limited in its operation to any particular route.
"Taxicab permit, motor bus permit" means the permission granted by the city to any person to operate or keep for hire, any taxicab or motor bus, as the case may be, within the city or upon the public streets thereof.

5.08.010 Taxicab permit, regulations.
A. No person shall operate or allow to be operated any vehicle as a taxicab for commercial purposes within the city without first having obtained a permit for that taxicab from the city.
B. The city council shall determine from time to time the maximum number of taxicabs to be permitted for commercial purposes within the city. The number of permits issued during any year shall be based upon and reasonably related to the economics of generating sufficient revenues to permittees to enable:
1. preventative maintenance and repair necessary to ensure safe vehicles; and 2. employment of competent drivers, who are in compliance with KMC Section 5.08.110; and
3. other considerations related to providing for the safety and welfare of the passenger public in the city.
C. The first permits to be issued under the 2003 revision of Chapter 5.08 shall be issued to presently existing permittees and those permittees shall be permitted for the number of vehicles under their permit at the time of the enactment of this revision. Thereafter, any new taxicab permits authorized by the city council from time to time shall be determined by lot in a public drawing conducted by the city clerk. Each applicant for a permit to be awarded at a public drawing by lot may only submit one entry under one form of business organization (sole proprietorship, partnership, LLC, corporation, etc.) The city clerk shall have the discretion to exclude from the drawing applications not in conformance with this requirement or any other requirements established for the drawing or an application not submitted in good faith.
D. A taxicab permit constitutes only a privilege granted by the city for one year, and shall not be construed as a property interest subject to the laws of eminent domain. By applying for and accepting a taxicab permit, each permittee thereby waives and releases the city from any liability for claims of a property interest or damages resulting from the deprivation of a property interest.
E. Upon lapse or revocation of a taxicab permit, the council shall determine whether the number of authorized permits shall be reduced. If the number of authorized permits is not reduced, the lapsed permit shall be determined by lot in a public drawing conducted by the city clerk in accordance with the provisions of Section 5.08.010(3)

5.08.020 Taxi Cab Permit application, renewal and suspension.
A. An application for a taxicab permit shall be approved by the city manager if the applicant has held a city issued permit during the preceding year, or has been awarded a new permit issued by the city by lot, provided the applicant submits to the city for each vehicle:
1. the nonrefundable annual application fee of fifty dollars per vehicle; and
2. proof of insurance as required by Section 5.08.070; and
3. a complete list of names, addresses and telephone number of every person who shall have a financial or proprietary interest in the permit; and
4. other such additional information and documentation as the city clerk may request for determining ownership and title of each of the vehicles to be used by the permittee, the financial responsibility and the safe operating condition of the vehicles; and
5. an affidavit signed by the applicant under oath, and endorsed with a notary jurat, attesting under penalty of perjury that all information and documentation contained in the application is accurate and complete.
B. All taxicab permits in the city shall expire on December 31st each year. Applicants for renewal of taxicab permits shall satisfy all of the same terms and conditions for issuance in accordance with subsection A. of this section and the Finance Director must certify that all sales taxes have been paid, all sales tax reports filed on a monthly basis and all other monies due the city have been paid. If the Finance Director cannot so certify, the permit shall be denied.
C. All drivers of taxicabs authorized under a permit issued by the city shall be in possession of a Chauffeur's permit as provided under KMC Section 5.08.110.
D. Permits may be suspended and/or revoked by the city council for violations of this chapter. (Ord. 83-10 (part), 1983).

5.08.030 Denial or revocation of taxicab or motor bus permits.
A. A taxicab or motor bus permit may be denied or revoked if the city clerk finds upon diligent inquiry that:
1. The permittee has falsified an application in some material way, or has failed to include material information in the application; or
2. There is significant evidence that the taxicab or motor bus was used in conjunction with the commission of a felony offense; or
3. The permittee has failed and refused during the preceding year to maintain the taxicab or motor bus in a safe condition for the welfare of the passenger public; or
4. The permittee has been convicted of a felony offense against property, moral turpitude or controlled substances, such that protection of the passenger public requires denial or revocation of the permit; or
5. The permittee has abandoned the proper use or administration of the taxicab or motor bus permit as a commercial enterprise in the city; or
6. The permittee has failed to keep current on reports due the city and/or on any monies owed the city; or
7. Insurance required by this chapter has been cancelled and the permittee has failed to acquire replacement insurance prior to the effective date of that cancellation.
B. Upon a finding in accordance with subsection (A) of this section, the city clerk may revoke a taxicab or motor bus permit at any time with written notice served in person upon the permittee or to the last know address of the permittee. The notice of revocation shall contain the following information:
1. The date when the revocation becomes effective;
2. A summary of the reasons for revocation; and
3. A notice and description of the procedures available for administrative appeal to the city manager.

5.08.035 Appeals from taxicab and motor bus determinations.
A. If the city clerk denies an application for a taxicab or motor bus permit, or revokes an existing motor bus or taxicab permit, the aggrieved party may appeal that decision to the city manager by giving written notice of appeal to the city manager within ten days after receiving the written determination of the city clerk.
B. The city manager shall convene a hearing and the city manager or his designee shall sit as a hearing officer. The city manager or his designee shall issue a written decision within ten days of the date of the hearing. An aggrieved party may appeal this decision to the city council by giving a written notice of appeal to the city clerk within fifteen days of receipt of this written decision.
C. The council may, but is not required to, hold an additional hearing. The council shall issue a written decision on the appeal within thirty days of receipt of the notice of appeal by the city clerk. The decision of the city council shall be the final administrative decision, subject to appeal to the Alaska Superior Court.

5.08.040 Permit transfer.
No person may transfer any financial or proprietary interest in a permit or any interest in the corporation, joint venture, association partnership or other group or entity which owns an interest in a permit.

5.08.050 Taxicab markings.
A. Every taxicab shall bear the trade name under which it is operated on each side of the taxicab with permanent letters no less than four inches high and an exterior lighted roof top sign.
B. No taxicab may be used or sold for any purpose other than for use as a taxicab until all signs, insignia, lights or other markings have been removed. (Ord. 83-10 (part), 1983).

5.08.060 Taxicab equipment. A. Every taxicab shall be equipped with an operable two-way radio for communication with their dispatch facility. The radio equipment shall comply with all state and federal regulations pursuant to their use.
B. Every taxicab shall be equipped at all times with an interior light arranged so as to illuminate the entire passenger compartment. The light shall be illuminated whenever passengers are being loaded or unloaded from the taxicab between the one-half hour after sunset of one day and one-half hour before sunrise the next day. No shades or blinds shall be drawn over any windows of the taxicab while occupied by a passenger.
C. Every taxicab, when operated upon a street, shall be equipped with a horn in good working order; however, no horn or other warning device shall emit an unreasonably loud or harsh sound or whistle. The driver of a taxicab shall, when reasonably necessary to insure safe operation, give audible warning with his horn, but no taxicab driver may otherwise unnecessarily use such horn upon any road or street within the city, and further, in no event may any driver of a taxicab use such horn between the hours of ten p.m. and six a.m. for the purpose of hailing a fare or otherwise notifying a fare of said taxicab's presence. (Ord. 93-11, 1994; Ord. 85-2 1, 1985; Ord. 83-10 (part), 1983).

5.08.070 Insurance required.
A. Before any permit is issued for any taxicab the applicant shall furnish one or more policies or certificates of liability insurance by an insurance company authorized to do business in the state. The policy shall cover personal injuries, death or damage to property suffered during the time for which the insurance is in effect and resulting from the operation, maintenance or use of the taxicab.
B. The insurance required by this section shall provide coverage as follows:
1. Injury or death of any one person in any one accident, one hundred thousand dollars;
2. For all persons injured or dead where more than one person is injured or killed in any one accident, three hundred thousand dollars;
3. Damage to property in one accident, twenty-five thousand dollars;
4. Injury or death of any one person in any one accident caused by an uninsured motorist, twenty-five thousand dollars;
5. For all persons where more than one person is injured or killed in any one accident caused by an uninsured motorist, fifty thousand dollars.
C. The policy or policies of liability insurance shall be approved as to substance and form by the city attorney and filed with the city clerk.
D. Every insurance policy or certificate shall contain a clause in or rider to the policy obligating the insurer or surety to give the city clerk written notice no less than thirty days before termination of such insurance. A lapse, cancellation, expiration, non-renewal or termination of insurance coverage shall serve as an immediate automatic suspension of any permit for so long as the permittee is without insurance as required by this section and it shall be a violation of this chapter to provide taxicab service with a vehicle not insured as required by this section. (Ord. 83-10 (part), 1983).

5.08.080 Posting of insurance and taxi or motor bus permit.
The city manager shall designate a place in the interior of all taxicabs and motor busses for the posting of a notice stating insurance liability limits and taxi or motor bus permit. No person may provide taxicab or motor bus service with a vehicle unless these notices are properly posted therein. (Ord. 83-10 (part), 1983.)

5.08.090 Records.
A. Every permittee shall maintain a current and accurate list for the taxicab and motor bus operated pursuant to his permit of the dates of hire and termination for each driver operating such taxicabs.
B. Every permittee shall maintain records related to the operation of the permit for at least two years and records shall be made available for audit with reasonable notice. (Ord. 83-10 (part), 1983).

5.08.095 Rates
Rates shall be posted in each permitted vehicle in full view of passengers. (Ord. 83-10 (part), 1983).

5.08.100 Motor Bus permit application, regulations, denial or revocation of permit.
A. No person shall operate or permit to be operated, any vehicle classified herein as a motor bus for hire, for the carriage of passengers, within the city limits, without having first obtained an appropriate permit from the city by filling out an application approved by the city manager and paying the nonrefundable annual application fee of fifty ($50) per vehicle. Additional provisions of this section are as follows:
1. Each operator shall insure each motor bus pursuant to section 5.08.070 and certification of insurance shall be filed with the city clerk. Such insurance is found to be requisite in the public safety and well being, and must be maintained in full force and effect while engaged in business under this permit in the city. Cancellation or release of insurance shall be immediate cause for revocation of this permit by the city clerk's office.
2. At the time of application for a motor bus permit the operator may register a trade name, emblem or symbol for such person's motor bus or buses. No other person operating like or similar equipment so permitted within the city may then employ, use or register a like trade name, emblem or symbol. Upon revocation of such permit or failure to renew such permit, such registration of trade name, emblem or symbol shall thereafter be null and void. Any use by a person of a trade name, emblem or symbol previously registered by another person so licensed shall be deemed in violation of this section.
3. All persons driving the motor busses registered under a city motor bus permit must be in possession of a chauffeur's permit as stated in KMC Section 5.08.110. B. The permittee must post a notice of insurance liability limits and motor bus permit in the vehicle pursuant to KMC Section 5.08.080.
C. A permit may be denied or revoked pursuant to KMC Section 5.08.030. The denial or revocation may be appealed pursuant to KMC Section 5.08.035.

5.08.110 City issued chauffeur's permit.
A. No person shall drive a taxicab or motor bus, and no person shall permit any person to drive any such vehicle within the city, unless such driver shall first have obtained a city issued chauffeur's permit as defined under the provisions of this chapter. B. Each applicant for a chauffeur's permit shall comply with the following conditions prior to the issuance of such a license:
1. The applicant must possess a valid a motor vehicle driver's license issued by the State of Alaska;
2. The applicant must furnish proof that he/she is eighteen years of age or older;
3. Each applicant shall fill out a form for a chauffeur's permit provided by the city. This sworn statement will be kept on file by the chief of police and may be inspected at any reasonable time by an interested party;
4. Each applicant for a chauffeur's permit shall file a full set of his/her fingerprints with the chief of police, together with two photographs of themselves taken within thirty days prior to the date of the application, and one of such photographs shall be filed by the chief of police with the application as provided in subsection B (3) of this section, and the other shall be affixed to any chauffeur's permit issued by the city to the applicant;
5. Each applicant for a chauffeur's permit as defined in Section 5.08.005 shall at the time of making his/her application or at such time as may be designated by the chief of police, undergo an examination by the chief of police, or by his designee, concerning the traffic laws of the state of Alaska, rules of the road, the operation of motor vehicles, the geography of the city, including the location of streets and well-known buildings. Such examination may be oral or in writing, or partly oral or partly in writing, as the chief of police may designate. The applicant may, likewise, at the discretion of the chief of police, be required to undergo an actual road test to determine his/her driving ability, and to demonstrate his/her skill and ability to safely handle a motor vehicle, such test to be given under the supervision of the chief of police or his designee;
6. The applicant shall deposit a fee of ten dollars with the city clerk.

5.08.120 Issuance of permit and fees.
When the applicant for a chauffeur's permit shall have duly furnished all the information and shall have undergone the tests provided in Section 5.08.110, and if the chief of police shall find that the applicant has satisfactorily passed the tests provided, and is entitled to receive a chauffeur's permit under the terms of this chapter, a chauffeur's permit shall be issued to the applicant by the chief of police on behalf of the city, for the period ending on December 31st of each year and the fee of ten dollars as provided in KMC Section 5.08.110B(6) shall be considered the testing fee, and as a permit fee for the term ending on such date. A refund of this fee shall be made to the applicant in the event of a refusal of a permit. Each chauffeur's permit shall include a space upon some portion thereof for the notation by the judge or clerk of any court in the event of a conviction of a traffic violation by the license holder, together with a space for the affixing of a picture of the permitee, as provided in KMC Section 5.08.110B(5).

5.08.130 Renewal or cancellation of a Chauffeur's permit.
A. Chauffeur's permits must be renewed each year, and such renewed permits shall cover the period from January 1 to December 31st. Such renewal of permits shall be granted upon payment of a fee of five dollars and without further re-examination, unless provided as follows: The chief of police may require that any applicant for a renewal permit, as provided here, be re-examined upon any or all of the matter as set forth in KMC Section 5.08.110 prior to the issuance of a renewal permit.
B. Should the holder of a chauffeur's permit fail to renew such permit for a period of one year after the expiration date of the previously issued permit, then such holder, in order thereafter to receive a chauffeur's permit, shall be re-examined as provided in KMC Section 5.08.110, and pay the fee of ten dollars as hereinabove provided.
C. Any chauffeur's permit issued by the city may be revoked by the chief of police after a hearing held before the city manager and finding by such city manager that the applicant has:
1. made willful, false statement when applying for a chauffeur's permit, or
2. been found to have been under the influence of drugs or intoxicating liquor while on duty as a driver or chauffeur of any taxicab or motor bus within the city; or
3. been convicted in any court in the State of Alaska for operating a motor vehicle while under the influence of intoxicating liquor or of reckless driving, or boot-legging while engaged in the operation of any taxicab or motor bus.
D. Upon any revocation of a chauffeur's permit, the permitee shall not be entitled to apply for another chauffeur's permit for at least six months after the date of revocation and shall pay the same fee and undergo the same examination as a new applicant.

5.08.140 Appeal process.
In the event that the chief of police shall refuse to approve any chauffeur's permit applied for under the provisions of this chapter, the chief of police shall set forth his reason or reasons for such refusal in writing, and shall provide the applicant therein concerned with a copy thereof. Thereupon, the applicant may, by notice in writing given the chief of police, within ten days after receiving notice of such refusal, appeal the decision of the chief of police to the city manager. The applicant may be represented by counsel at this hearing and may introduce evidence to contradict the findings made by the chief of police. The chief of police may be requested to be present to speak or testify in support of his ruling. If the city manager or his designee overrules the decision of the chief of police after such hearing, the chauffeur's permit shall be approved for the applicant as in other cases, and so issued. If no appeal is taken, or if on appeal the findings of the chief of police are sustained, the ruling of denial of the chief of police shall stand.

5.08.150 Violation--Penalty.
Any person violating any of the provisions of this chapter shall be deemed guilty of a violation. Each day any violation shall continue shall be deemed a separate offense. Whereby the terms of this chapter any permit or privilege herein granted is revocable for violation of this chapter, such revocation shall be invoked by the city clerk's office upon a finding that the holder thereof is guilty of a violation of any provision of this chapter.
Chapter 5.09

FOOD DELIVERERS

Sections:
5.09.010 Food delivery permits required.
5.09.020 Definitions.
5.09.030 Exemptions.
5.09.040 Food delivery permits application, renewal and suspension.
5.09.050 Food delivery permits nontransferable.
5.09.060 Food delivery vehicle equipment.
5.09.070 Insurance required.
5.09.080 Posting of insurance and food delivery permit.
5.09.090 Violation - Penalty.

5.09.010 Food delivery permits required.
Any person providing food delivery service in the regular course of business shall be a permittee in possession of a valid food delivery permit issued under this chapter, except as set out in Section 5.09.030 below. (Ord. 99-2 1 (part), 1998).

5.09.020 Definitions.
"Delivery" includes every delivery, regardless of quantity or price, where the delivery is made by motorized vehicle operating on city streets and is made in the regular course of business.
"Person" includes individuals, sole proprietorships, partnerships, joint ventures, corporations, associations, limited liability companies, or any other group, however organized. (Ord. 99-2 1 (part), 1998).

.09.030 Exemptions.
Casual, isolated food deliveries not in the regular course of business or food deliveries by vehicles properly permitted for hire under Chapter 5.08 of this code are exempt from the food delivery permit and proof of liability insurance requirements of this chapter. (Ord. 99-2 1 (part), 1998).

5.09.040 Food delivery permits application, renewal and suspension.
A. An application for a food delivery permit shall be approved by the city manager provided the applicant submits to the city for each vehicle used for food delivery:
1. the nonrefundable annual application fee, of fifty dollars per vehicle; and
2. proof of insurance as required by Section 5.09.070; and 3. proof that the applicant and all drivers are at least eighteen years of age and hold valid Alaska driver's licenses; and
4. other such additional information and documentation as the city clerk may request for determining ownership and title of each of the vehicles to be used by the permittee, the financial responsibility and the safe operating condition of the vehicles; and
5. an affidavit signed by the applicant under oath, and endorsed with a notary jurat, attesting under penalty of perjury that all information and documentation contained in the application is accurate and complete.
C. All food delivery permits in the city shall expire on December 31st each year. Applicants for renewal of food delivery permits shall satisfy all of the same terms and conditions for issuance in accordance with subsection A of this section and the Finance Director must certify, for food delivery permits and the renewal of food delivery permits, that all sales taxes have been paid, sales tax reports have been filed on a monthly basis and all other monies due the city have been paid. If the Finance Director cannot so certify the permit shall be denied.
D. Food delivery permits may be suspended and/or revoked by the city council for violations of this chapter. (Ord. 99-2 1 (part), 1998).

5.09.050 Food delivery permits are nontransferable.
Food delivery permits are nontransferable. (Ord. 99-2 1 (part), 1998).

5.09.060 Food delivery vehicle equipment.
A. Every food delivery vehicle when operated upon a street shall be equipped with a horn in good working order; however, no horn or other warning device shall emit an unreasonably loud or harsh sound or whistle. The driver of a food delivery vehicle shall, when reasonably necessary to insure safe operation, give audible warning with his horn, but no food delivery vehicle may otherwise unnecessarily use such horn upon any road or street within the city.
B. Snow machines and all terrain vehicles are not allowed to be used for purposes of food delivery. (Ord. 99-2 1 (part), 1998).

5.09.070 Insurance required.
A. Before any food delivery permit is issued, the applicant shall furnish one or more policies or certificates of liability insurance by an insurance company authorized to do business in the state. The policy shall cover personal injuries, death or damage to property suffered during the time for which the insurance is in effect and resulting from the operation, maintenance or use of the food delivery vehicle.
B. The insurance required by this section shall provide coverage as follows:
1. Injury or death of any one person in any one accident, one hundred thousand dollars;
2. For all persons injured or dead where more than one person is injured or killed in any one accident, three hundred thousand dollars;
3. Damage to property in one accident, twenty-five thousand dollars;
4. Injury or death of any one person in any one accident caused by an uninsured motorist, twenty-five thousand dollars;
5. For all persons where more than one person is injured or killed in any one accident caused by an uninsured motorist, fifty thousand dollars. C. The policy or policies of liability insurance shall be approved as to substance and form by the city attorney and filed with the clerk.
D. Every insurance policy or certificate shall contain a clause in or rider to the policy obligating the insurer or surety to give the city manager written notice no less than thirty days before termination of such insurance. A lapse, cancellation, expiration, non-renewal or termination of insurance coverage shall serve as an automatic immediate suspension of any permit for so long as the permittee is without insurance as required by this section and it shall be a violation of this chapter to provide food delivery service with a vehicle not insured as required by this section.
(Ord. 99-5 1 1998; Ord. 99-2 1 (part), 1998).

5.09.080 Posting of insurance and food delivery permit.
The city manager shall designate a place in the interior of all food delivery vehicles for the posting of a notice stating insurance liability limits and food deliverer's permit. No person may provide food delivery service with a vehicle unless these notices are properly posted therein.

5.09.090 Violation - Penalty.
Any person violating any of the provisions of this chapter shall be deemed guilty of a violation. Each day any violation shall continue shall be deemed a separate offense. Whereby the terms of this chapter any permit or privilege herein granted is revocable for violation of this chapter, such revocation shall be invoked by the city clerk's office upon a finding that the holder thereof is guilty of a violation of any provision of this chapter.

6/13/03

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Posted May, 2003, Changed July, 2003