Subject: 9784/City Code/Taxi Ordinance Date: Mon, 7 May 1990 15:16:00 -0500 ORDINANCE NO. 9784 AN ORDINANCE REPEALING ARTICLE II, SECTIONS 35-17 THROUGH 35-110, AND ARTICLE III, SECTIONS 35-111 THROUGH 35-130, PART II, CHATTANOOGA CITY CODE, AND SUBSTITUTING IN LIEU THEREOF A NEW TAXI ORDINANCE. SECTION 1. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHATTANOOGA, TENNESSEE, That Article II, Sections 35-17 through 35-110, and 35-111 through 35-130, Part II, Chattanooga City Code, be and the same are hereby repealed, and the following substituted in lieu thereof: ARTICLE II. TAXICABS DIVISION 1. TAXICAB BOARD Sec. 35-17. Created; membership; term of office and compensation of members; votes required for action of the Board. There is hereby created a Taxicab Board. Such Board shall consist of one Council person and three district representatives public members and five industry members to be appointed by the Mayor and confirmed by a majority vote of the whole membership of the City Council, and who shall serve without compen- sation for a term of two (2) years or until their successors are appointed. The industry members shall be owners or operators of taxicabs, but not more than one (1) member shall be employed by or affiliated with the same taxi company or cab stand. Not less than six (6) votes shall be required to approve any action by the Board. 0C Sec. 35-18. Secretary; Treasurer. (a) The Mayor shall designate a secretary for the Taxicab Board who shall serve as the custodian of its records. (b) The City Treasurer shall issue permits for those persons, companies, and vehicles approved by the Taxicab Board, bearing individual numbers for each taxicab licensed under such permit. Prior to issuing such permits, the City Treasurer shall collect such fees therefor as are authorized by this Article. Sec. 35-19. Jurisdiction; appeals. The Taxicab Board shall have exclusive jurisdiction of the licensing and regulation of taxicabs and shall constitute the sole administrative agency for the administration of all laws and ordinances relating to the licensing and regulation of taxicabs. There is hereby imposed upon such Board the authority, power and duty to enforce the provisions of this ordinance, provided that nothing in this Section shall be construed to prohibit any court from imposing penalties provided by this Code for any violation of this Article. The actions of the Taxicab Board shall be final, subject to such judicial appeal as may be allowed by law. Sec. 35-20. Taxicab inspector(s). The Mayor shall appoint one (1) or more persons as taxicab inspector(s). The taxicab inspector(s) may have other duties. If the taxicab inspector(s) is not a regular police officer, he or she shall be appointed as a special police officer authorized to issue citations for violations of this Article. Sec. 35-21. Duties of chief of police and traffic engineer. The chief of police and the traffic engineer shall advise the Board when requested concerning those matters of public safety and proper traffic control. ARTICLE III. REGULATION OF TAXICABS DIVISION 1. GENERALLY Sec. 35-22. Definitions. The following words and phrases, when used in this article, shall have the meanings respectively ascribed to them by this section: Certificate: A certificate of public convenience and necessity issued by the Taxicab Board, authorizing the holder thereof to conduct a taxicab business within Chattanooga. Cruising: The driving of a taxicab on the streets, alleys or public places of Chattanooga in search of or soliciting prospective passengers for hire. Driver's permit: The permission granted by the Taxicab Board to a person to drive a taxicab upon the streets and roads of Chattanooga. Holder: A person to whom a certificate of public convenience and necessity has been issued. Manifest: A daily record prepared by a taxicab driver or taxicab dispatcher of all trips made by such driver, showing time and place of origin, destination, number of passengers and the amount of fare of each trip. Rate card: A card issued by the taxicab inspector(s) for display in each taxicab, which contains the rates of fare then in force. Taxicab: A motor vehicle regularly engaged in the business of carrying passengers for hire, donation, gratuity or any other form of remuneration, having a seating capacity of less than fifteen (15) persons and not operated on a fixed route; provided that courtesy vehicles operated to or from the airport to hotels, motels, parking lots or car rental agencies shall not be deemed to be taxicabs. Taxicab stand: A place alongside a street, or elsewhere, where the traffic engineer has authorized a holder of certificate of public convenience to park for picking up or discharging passengers. Taximeter: A meter instrument or device attached to a taxicab which measures mechanically the distance driven and the waiting time upon which the fare is based. Waiting time: The time when a taxicab is not in motion from the time of acceptance of a passenger to the time of discharge, but such term does not include any time that the taxicab is not in motion if due to any cause other than the request, acts or fault of a passenger. Sec. 35-23. Equipment and maintenance of vehicles; appeals. (a) Inspection. Prior to the use and operation of any vehicle under the provisions of this article, such vehicle shall be thoroughly examined and inspected by the taxicab inspector(s), and found to comply with the following minimum standards: (1) All tires shall have more than three thirty- seconds (3/32nds) of an inch of tread. (2) All vehicles shall have an operable horn; a rear-view mirror; two operable headlights; operable turn signals; and two operable tail lights. (3) The windshield must be unbroken and must be equipped with operable wipers. (4) The vehicle's exhaust system and muffler must be in proper operating condition. (5) The brakes and emergency brakes must be in working condition. (6) There can be no major body damage and body replacement parts must match the original part in color. Any damage in excess of a three hundred dollar ($300.00) repair cost shall be deemed to be major property damage; however, any property damage which affects passenger comfort, convenience, or safety is also considered major property damage. Any major property damage shall be repaired within sixty (60) days of the event giving rise to the damage. (7) The interior of the taxi shall be clean, with no torn seats, unpleasant odors, or broken windows. (8) All doors of the vehicle shall be in working order. (9) All taxis shall be equipped with a taximeter and the owner shall certify to such meter being in proper working order. (10) All taxis shall be equipped with at least one (1) child passenger restraint system meeting federal motor vehicle safety standards. (11) There shall be a safety belt provided for each passenger. (12) All taxis shall be equipped with two-way radios or cellular phones. (13) All taxis shall have clear and visible identification numbers of size four (4) inches or larger, not to exceed three (3) digits placed on each side and on the rear of the taxicab. (b) Periodic inspections. Every vehicle operating under this article shall be inspected annually by the taxicab inspector(s) to insure the continued maintenance of safe operating conditions. (c) Cleanliness. Every vehicle operating under this article shall be kept in a clean and sanitary condition, and shall at all times meet the minimum conditions set forth in subsection (a). (d) Appeals. All decisions of the Taxicab Inspector(s) shall be appealable to the Taxicab Board provided the owner or operator shall file written notice of appeal within thirty (30) days following the action of the Taxicab Inspector(s). Sec. 35-24. Designation of company name; color scheme and insignia. (a) Each taxicab shall bear on the outside of each front door, in painted letters, not less than four (4) inches nor more than six (6) inches in height, the name of the company and, in addition, may bear an identifying monogram or insignia. No vehicle covered by the terms of this article shall be licensed whose color scheme, identifying design, monogram or insignia to be used thereon shall, in the opinion of the Taxicab Board, conflict with or imitate any color scheme, identifying design, monogram or insignia used by a vehicle already operating under this article in such manner as to be misleading or tend to deceive or defraud the public. If, after a certificate of public convenience and necessity has been issued for a taxicab under this article, the color scheme, identifying design, monogram or insignia thereof is changed so as to be, in the opinion of the Taxicab Board, in conflict with or imitate any color scheme, identifying design, monogram or insignia used by any other person, owner or operator, in such manner as to be misleading or tend to deceive the public, the certificate of or certificate covering such taxicabs shall be suspended or revoked. (b) Taxicabs currently licensed may continue to operate with existing exterior marking and color schemes until August 30, 1992; but thereafter all vehicles operating from the same taxi stand shall be required to adopt unique color and exterior marking schemes as provided in subsection (a). (c) Once a vehicle shall cease to be operated as a taxicab licensed hereunder, it shall not be operated for any other purpose until such exterior markings identifying the vehiclie as a taxicab are obliterated. Sec. 35-25. Taximeters. All taxicabs operated under the authority of this article shall be equipped with taximeters fastened in front of the passengers, visible to them at all times day and night. After sundown, the face of the taximeter shall be illuminated. Such taximeters shall be operated mechanically by a device of standard design and construction, driven either from the transmission or from one of the front wheels by a flexible and permanently attached driving mechanism. Each taximeter shall have thereon a flag to denote when the vehicle is employed and when it is not employed. It shall be the duty of the driver to throw the flag of such taximeter into a recording position at the beginning of each trip and to throw the flag of such taximeter into a nonrecording position at the termination of each trip. Taximeters shall be subject to inspection from time to time by the taxicab inspector(s). Any inspector is hereby authorized, either on complaint of any person or without such complaint, to inspect any meter, and upon discovery of any inaccuracy therein, to notify the person operating such taxicab to cease operation. Thereupon, such taxicab shall be kept off the highways until the taximeter is repaired and in required working condition. Sec. 35-26. Rates of fare - Schedule. No owner or driver of a taxicab shall charge a greater sum for the use of a taxicab than the rates set below: (a) There is hereby established a maximum rate to be charged for taxicab service. The maximum charge for actuating the meter shall be no greater than one dollar and fifty cents ($1.50). The maximum charge for each one-tenth of a mile thereafter shall be no greater than fifteen cents ($0.15). (b) All taxicab drivers shall drive the shortest and most direct route in transporting a passenger from the point of pick-up to the point of destination unless requested otherwise by the passenger. (c) There will be an additional charge for waiting time which shall be twenty cents ($0.20) for each one (1) minute of waiting. Waiting time shall be charged only for stops or delays caused by the passenger(s) and shall not apply to stops or delays due to any other cause. (d) The Taxicab Board may establish one or more "meter zones" where all trips that have their origin and destination in the zone may be charged a flat rate providing the rate shall be less than or substantially equivalent to the rates authorized under paragraph (a) of this Section. (e) The Taxicab Board may establish a single fare structure for all taxi trips beginning or ending at Lovell Field with origin or destination within Chattanooga's corporate limits which fare shall be reasonably related to the cost of providing such services. (f) The taxicab inspector(s) shall furnish rate cards to the holders of certificates of public convenience and necessity. Said rate cards shall be displayed conspicuously in each taxicab. Failure to display said rate card in a conspicuous manner shall be grounds for revocation or suspension of the permit for the taxicab failing to display the rate card. (g) The Taxicab Board may approve temporary emergency rates for sixty (60) days. Sec. 35-27. Same - Filing of changes. Each taxicab company shall be required to file a list of their rates thirty (30) days prior to change with the taxicab inspector(s), and there shall not be more than one (1) rate charged by any one (1) taxicab company or stand. Rates charged by each taxicab shall be the same as that on file with the taxicab inspector(s) and shall be posted conspicuously in the taxicab. Additional charges for services such as waiting time or baggage handling shall be submitted as a part of the fare structure. Rates may not be changed more often than semi-annually except for extraordinary cause such as but not limited to marked increases in fuel costs caused by shortages, government policy, or other events beyond the control of the owner of the taxicab. Sec. 35-28. Receipts. The driver of any taxicab shall upon request by the passenger, provide a receipt for the amount charged, either by a mechanically printed receipt or by a specially prepared receipt on which shall be the name of the owner, the amount of meter reading or charges and date of transaction. Sec. 35-29. Refusal of passenger to pay legal fare. It shall be unlawful for any person to refuse to pay the legal fare of any taxicab after having hired the same, and it shall be unlawful for any person to hire any taxicab with intent to defraud the person from whom it is hired of the value of such service. Sec. 35-30. Solicitation of passengers by drivers; drivers to remain in or near vehicles. No taxicab driver shall solicit passengers for a taxicab, except when sitting in the driver's compartment of such taxicab or while standing immediately adjacent to the curb side thereof. The driver of any taxicab shall remain in the driver's compartment or immediately adjacent to his vehicle at all times when such vehicle is upon the public streets; except, that when necessary, a driver may be absent from his taxicab for not more than ten (10) consecutive minutes when the taxicab is in service; provided further, that nothing herein contained shall be held to prohibit any driver from alighting to the street or sidewalk for the purpose of assisting passengers into or out of such vehicle. Sec. 35-31. Prohibited manner of solicitation. No taxicab driver shall solicit patronage by obstructing the movement of any persons, or by following any person for the purpose of soliciting patronage. Sec. 35-32. Receipt and discharge of passengers on sidewalk only. Drivers of taxicabs shall not receive or discharge passengers in the roadway but shall pull to the extreme right-hand side of the road or to the sidewalk and there receive or discharge passengers, except upon one-way streets, where passengers may be discharged at either side of the roadway in the absence of a sidewalk. Sec. 35-33. Cruising. No driver shall cruise in search of passengers, except in such areas and at such times as shall be designated by the Taxicab Board. Such areas and times shall only be designated when the Taxicab Board finds that taxicabs cruising would not congest traffic or be dangerous to pedestrians and other vehicles. Sec. 35-34. Solicitation of other common-carrier passengers prohibited. No driver, owner or operator of a taxicab shall solicit passengers at an interstate bus station, rail station, airport or at any bus stops along any established route of the Chattanooga Regional Transportation Authority. Sec. 35-35. Reserved. Sec. 35-36. Additional passengers. No taxicab driver shall permit, except as otherwise provided in this article, any other person to occupy or ride in such taxicab unless the person first employing the taxicab shall consent to the acceptance of additional passengers. There is hereby authorized a charge for additional passengers not to exceed one dollar ($1.00) per passenger when such passenger is accompanying the original passenger and proceeding to the same destination. When the additional passenger rides beyond the original passenger's destination he shall be charged only for the additional distance so traveled. Sec. 35-37. Restrictions on number of passengers. No driver shall permit more persons to be carried in a taxicab as passengers than the rated seating capacity of his or her taxicab, as stated in the certificate for such vehicle issued by the Taxicab Board. Sec. 35-38. Refusal to carry orderly passengers prohibited. No taxicab driver shall refuse or neglect to convey any orderly person or persons, upon request, unless previously engaged or unable or forbidden by the provisions of this article to do so. Sec. 35-39. Taxicab stands - Establishment; use. (a) Establishment. The Taxicab Board is hereby authorized and empowered to and shall establish taxicab passenger loading zones or stands upon the streets of the City in such places as, in its discretion, it deems proper. The Taxicab Board is further authorized to eliminate any taxicab passenger loading zones or stands now in use, or later established. The written approval of the abutting property owners of such places shall be required before the creation of such passenger loading zones or stands. The traffic engineer shall make an investigation of the traffic conditions at such places and shall thereafter file written recommendations with the Taxicab Board. The Taxicab Board shall abide by these recommendations. (b) Open stands. Any taxicab passenger loading zone or stand established in accordance with subsection (a) of this section, exclusive of those stands previously assigned to the sole use of specific holders shall be public or open passenger loading zones or stands, available to all holders. Any new or additional passenger loading zones or stands established in the immediate vicinity of, adjacent to, in front of or in the rear of previously assigned stands shall be public or open passenger loading zones or stands available to all holders, but such passenger loading zones or stands shall not be available to holders of exclusive stand privileges at such locations. Nothing contained herein shall be construed as denying, or intending to deny any passenger the right to take a cab of his or her choice or preference at any such stand. (c) Starters. Each holder operating a taxicab stand as provided for in this article may be allowed where it would facilitate the convenience of the public, in the discretion of the Taxicab Board, to have on duty at such stand a starter or other employee for the purpose of assisting in the loading and unloading of passengers from taxicabs, for receiving calls and dispatching cabs, and for soliciting passengers at such stands. The words "at such stands" shall mean that point of the sidewalk immediately adjacent to and of equal length with such stand. It shall be unlawful for any such starter or other employee to go beyond the area herein designated for the purpose of soliciting passengers or assisting them to board such cabs. (d) Obstruction, etc.. It shall be unlawful for any holder to obstruct or interfere with the free use and enjoyment of any public or open taxicab stand by any other holder, or to interfere with, obstruct or otherwise impede the use of any assigned stand by the holder of such stand. Each occurrence affecting such "other holder" shall be deemed a separate offense. Any holder found guilty of three (3) offenses within any twelve (12) months period shall have his certificate suspended for not less than thirty (30) days, nor more than ninety (90) days for a first offense. A second offense or subsequent offense within one (1) year shall be subject to a suspension of not less than ninety (90) days nor more than one (1) year. Sec. 35-40. Same - Use by other vehicles prohibited. Private or other vehicles for hire shall not at any time occupy the space upon the streets that have been established as taxicab stands. Sec. 35-41. Duty to render service; central place of business required. All persons engaged in the taxicab business in Chattanooga, operating under the provisions of this article, shall render an overall service to the public desiring to use taxicabs. Holders of certificates of public convenience and necessity shall maintain a central place of business and keep the same open twenty-four (24) hours a day for the purpose of receiving calls and dispatching cabs. They shall answer all calls received from them for services inside Chattanooga as soon as they can do so, and if such services cannot be rendered within a reasonable time, they shall then notify the prospective passengers how long it will be before such call can be answered and give the reason therefor. Any holder who shall refuse to accept a call anywhere within Chattanooga at any time when such holder has available cabs, or who shall fail or refuse to give overall service, shall be deemed a violator of this article, and the certificate granted to such holder may be revoked at the discretion of the Taxicab Board. Sec. 35-42. Drivers' manifests. Every taxicab driver shall maintain a daily manifest upon which is recorded all trips made each day, showing the time and place of origin and destination of each trip and the amount of fare and number of passengers. All such completed manifests shall be returned to the cab owner by the driver at the conclusion of his tour of duty. The forms for each manifest shall be furnished to the driver by the cab owner and shall be of a character approved by the Taxicab Board. Every cab owner shall retain and preserve all drivers' manifests in a safe place for at least the current year and the calendar year next preceding the current calendar year, and such manifests shall be available for inspection by the taxicab inspector(s) and the Taxicab Board. Sec. 35-43. Records and reports by certificate holders. Every holder of a certificate of public convenience and necessity shall keep accurate records of receipts from operations, operating and other expenses, capital expenditures and such other operating information as may be required by the Taxicab Board. Every such holder shall maintain the records containing such information and other data required by this article at a place readily accessible for examination by the taxicab inspector(s) and the Taxicab Board. Except to the extent deemed advisable by either the Taxicab Inspector(s) or Taxicab Board to administer or enforce the provisions of this article, these records shall not be copied or if copied for administrative purposes retained for periods longer than necessary for such administration. Sec. 35-44. Duty of taxicab inspector(s) to enforce ordinance. The taxicab inspector(s) is/are hereby authorized and are instructed to watch and observe the conduct of holders of certificates of public convenience and necessity and drivers operating under this article. Upon discovering a violation of the provisions of this article, the taxicab inspector(s) shall report the same to the Taxicab Board, which will order or take appropriate action. The taxicab inspector(s) may also cite the violator to City Court for violations of this article or other applicable law or ordinance. Sec. 35-45. Taxicab company agreement for taxicabs operated under franchise control and liability. (a) All taxicab companies shall be required to show proof of liability insurance or a certificate of self-insurance issued pursuant to T.C.A. A755-12-111 to the Taxicab Board for each taxicab operated under their franchise. (b) This insurance shall cover each vehicle operated under their franchise. (c) A failure to maintain such insurance shall be grounds for revocation of a certificate or driver's permit. DIVISION 2. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY Sec. 35-46. Required. No person shall operate or permit a taxicab or motor vehicle owned or controlled by him and as defined in Section 35-22 of this Code as amended, upon the streets and roads of Chattanooga without having first obtained a certificate of public convenience and necessity from the Taxicab Board. Sec. 35-47. Application. (a) An application for a certificate of public convenience and necessity shall be filed with the Taxicab Board upon forms provided by the taxicab inspector(s) and upon the payment of a nonrefundable fee of one thousand dollars ($1,000.00), plus fifty dollars ($50.00) per taxi for taxis in excess of ten (10) cabs. A renewal application and a fee of fifty ($50.00), plus ten dollars ($10.00) per cab for each cab in excess of ten (10) cabs, shall be filed on or before the annual renewal date of the certificate of public convenience and necessity. Such application shall be verified under oath and shall furnish the following information: (1) The name and address of the applicant. (2) The financial status of the applicant, including the amounts of all unpaid judgments against the applicant and the nature of the transaction or acts giving rise to such judgments. (3) The experience of the applicant in the transportation of passengers. (4) Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of the certificate. (5) The number of vehicles and their make and year models to be operated or controlled by the applicant and the location of proposed depots and terminals. (6) The color scheme and insignia to be used to designate the vehicles of the applicant. (7) Whether or not the applicant has been convicted of a felony within three (3) years. (8) Such further information as the Taxicab Board may require. (b) No applications for public convenience and necessity shall be accepted for less than ten (10) cabs, excluding any person or company who has regularly operated a taxi business in Chattanooga prior to the effective date of this Article. (c) If an application is incomplete, it shall be returned to the applicant for completion prior to being acted upon. (d) Each application shall be signed by the owner(s) or duly authorized officer, which shall be deemed to be a certification that the information on the application is accurate. Any material misrepresentation made on an application shall be grounds for revocation of the certificate. Sec. 35-48. Public hearing. Upon the filing of an application for a certificate of public convenience and necessity and/or a request for additional permits, the Taxicab Board shall fix a time and place for a public hearing thereon, to be not less than ninety (90) days after receipt of the application or request. Notice of such hearing shall be given to the applicant and to all persons to whom certificates of public convenience and necessity have been theretofore issued. Due notice shall be given the general public by posting a notice of such hearing in the morning and evening newspapers at least three (3) days, but not more than five (5) days prior to the public hearing. Any person may file with the Taxicab Board a memorandum in support of or opposition to the issuance of a certificate of public convenience or a request for additional taxicab permits. The Taxicab Board may call special meetings for the consideration of new certificates of public convenience and necessity and/or applications for new taxicab permits. The Taxicab Board shall adopt procedures to govern the consideration of such applications. Sec. 35-49. Issuance. If the Taxicab Board finds that further taxicab service in Chattanooga is required by the public convenience and necessity and that the applicant is fit, willing and able to perform such public transportation and to conform to the provisions of this article, the Taxicab Board shall issue a certificate, stating the name and address of the applicant, the number of vehicles authorized upon such certificate and the date of issuance; otherwise, the application shall be denied. Provided that should the application be incomplete, the Taxicab Board shall not issue a certificate of public convenience and necessity until any omissions are cured. Any material misrepresentation in the application shall be a basis for denial of a certificate of public convenience and necessity. If the applicant or any owner of the business having a ten percent (10%) or greater financial interest in the business has been convicted of a felony within three (3) years, the certificate shall be denied. In making the above findings, the Taxicab Board shall take into consideration the number of taxicabs already in operation, whether existing transportation is adequate to meet the public need, the probable effect of increased service on local traffic conditions and the character, experience and responsibility of the applicant. At the time of the enactment of this Article, there have been approximately one hundred fifty (150) permits issued under pre-existing regulations. One hundred fifty (150) shall be the cap placed upon the issuance of permits for the first year that the Taxicab Board shall be in existence, which cap may thereafter be changed by the Taxicab Board pursuant to the above criteria. Permits for taxicabs which are not regularly used shall not be renewed. If a taxicab shall not be operated for ninety (90) days or more consecutive days in any permit year without adequate justification, it shall be deemed not to be regularly used; however, other proof of lack of regular use may be considered by the Board. The action of the Taxicab Board in issuing or denying such a certificate shall be final, except as it may be subject to review at law. Sec. 35-50. Proof of financial responsibility required. No certificate of public convenience and necessity shall be issued or continued in operation unless there is in full force and effect proof of financial responsibility for each vehicle authorized in an amount in accordance with the minimum limits set by the law of the State of Tennessee for financial responsibility of owners and operators of motor vehicles. Such security shall inure to the benefit of any person who shall be injured or who shall sustain damage to property proximately caused by the negligence of a holder, his servants or agents. Proof of financial responsibility shall be established in accordance with standards set by the law of the State of Tennessee. Proof of financial responsibility shall be filed with the taxicab inspector(s) and shall have as a surety thereon a surety company authorized to do business in the State of Tennessee or a certificate of self-insurance issued by the Commissioner of Safety as provided by T.C.A. A755-12-111. Sec. 35-51. Quarterly fees; disposition of revenue. Persons granted certificates of public convenience and necessity under this division shall keep the Taxicab Board advised, quarterly, of the cabs being operated, and shall, quarterly, pay to the Taxicab Board a fee of fifty dollars ($50.00) for each of its cabs in operation, including those vehicles which as of the reporting date may be temporarily out of commission for repair, etc., as a condition precedent to the operation of such vehicle as a taxicab. The quarterly reports for January through March, April through June, July through September, and October through December shall be filed no later than the next May 1, August 1, November 1, and February 1, respectively. Appropriate identification in sticker form shall be issued to the reporting companies for attachment to the vehicle upon which the required fee is paid, evidencing compliance with this section. The Taxicab Board shall turn over to the City Treasurer all funds derived from the payment specified, and the City Treasurer shall keep a separate account thereof. Sec. 35-52. Transfer. No certificate of public convenience and necessity may be sold, assigned, mortgaged or otherwise transferred, nor may there be any modification of ownership as to stock transfer, new or additional partners, etc., by a holder of a certificate of public convenience and necessity without the consent of the Taxicab Board. Provided that in the event of a death of a permit holder, the certificate may be devised to or inherited by a spouse or child, and they shall be granted a certificate by the Taxicab Board providing they are otherwise qualified for the certificate. A transfer fee of fifty dollars ($50.00) shall be paid to the Taxicab Board by the transferee of a certificate, or stock in a company holding a certificate, or any new partner in a business holding a certificate. Sec. 35-53. Suspension and revocation. (a) A certificate of public convenience and necessity issued under the provisions of this division may be revoked or suspended by the Taxicab Board if the holder thereof has: (1) Violated any of the provisions of this article. (2) Discontinued operations for more than five (5) days. (3) Has violated any provision of this Code or other Chattanooga ordinance or the laws of the United States or the State of Tennessee, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation. (4) Has charged a passenger rates in excess of those authorized pursuant to Sections 35-26 and 35-27. (b) Prior to suspension or revocation, the holder shall be given notice of the proposed action to be taken and shall have an opportunity to be heard. The action of the Taxicab Board at such hearing shall be final subject to review at law. DIVISION 3. DRIVERS' PERMITS Sec. 35-54. Required. (a) All owners of vehicles for hire being operated as taxicabs are required to maintain a current driver's permit and/or owner's permit. The permit shall be obtained in the manner provided by in this chapter. (b) No person shall operate a taxicab for hire upon the streets and roads of Chattanooga, and no person who owns or controls a taxicab shall permit it to be so driven and no taxicab licensed by the Taxicab Board shall be so driven at any time for hire, unless the driver of such taxicab shall first obtain and shall have then in force a taxicab driver's permit issued under the provisions of this division. Sec. 35-55. Application. An application for a taxicab driver's permit or annual renewal shall be filed with the Taxicab Board on forms provided by the taxicab inspector(s). Such application shall be verified under oath and shall contain the following information: (a) Proof of a license issued by the state. (b) Each application shall be accompanied by a certificate from a licensed physician certifying that, in his or her opinion, the applicant is not inflicted with any disease or infirmity which might make the applicant an unsafe or unsatisfactory driver. (c) At the time the application or renewal is filed, the applicant shall pay to the Taxicab Board a fee of twenty-five dollars ($25.00). Sec. 35-56. Police investigation of applicant. The police department shall conduct an investigation of each applicant for a taxicab driver's permit. A report of such investigation and a copy of the traffic and police record of the applicant, if any, shall be attached to the application for the consideration of the Taxicab Board. Sec. 35-57. Consideration of application. The Taxicab Board shall, upon the consideration of the application or renewal and the reports and certificate required to be attached thereto, approve or reject the application. The applicant must appear in person. The action of the Board approving or denying such application shall be final subject to a review at law. Sec. 35-58. Issuance; contents. Upon approval of an application or renewal for a taxicab driver's permit, the Taxicab Board shall issue a permit to the applicant, which shall bear the name, address, age, signature, and photograph of the applicant. Sec. 35-59. Term; renewal fee. Each taxicab driver's permit shall be issued for a period of one (1) year or any part thereof, with all permits issued pursuant to this article expiring on September 30 of each year. A permit for the one-year period or any portion thereof shall be issued upon the payment of twenty-five dollars ($25.00) unless the permit for the preceding year has been revoked. A ten dollar ($10.00) fee shall be charged for all replacement or temporary taxicab driver permits. Sec. 35-60. Display in taxicab. Every driver to whom a permit is issued under this division shall post his or her driver's permit in such a place as to be in full view of all passengers while such driver is operating a taxicab. Sec. 35-61. Suspension and revocation. The Taxicab Board is hereby authorized to suspend any driver's license issued under this division for a driver's failing or refusing to comply with the provisions of this article. The Taxicab Board is also authorized to revoke any driver's permit for failure to comply with the provisions of any other ordinance or law related to the driver's qualifications to be a taxi driver. The Taxicab Board may revoke a driver's license for charging a passenger rates in excess of those authorized pursuant to Sections 35-26 and 35-27. However, a permit may not be revoked or suspended unless the driver has received notice and had an opportunity to present evidence in his or her behalf. The Taxicab Board shall adopt administrative procedures to govern the conduct of such hearing. The action of the Taxicab Board in suspending a license or permit shall be final, subject to a review at law. SECTION 2. BE IT FURTHER ORDAINED, That if any section, sub-section, phrase, clause or provision of this Ordinance be declared invalid by a court of competent jurisdiction, the same shall not affect the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid. SECTION 3. BE IT FURTHER ORDAINED, That this Ordinance shall take effect two (2) weeks from and after its passage as provided by law. PASSED on Third and Final Reading September 8, 1992. s/s_________________________________ CHAIRPERSON APPROVED:_______ DISAPPROVED:_______ DATE:_________________ ______, 1992. s/s_________________________________ MAM:cjc MAYOR