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1998-122 To license, regulate and govern the ownership and operation of motor vehicles used for hire for the conveyance of goods or passengers and for establishing the rates or faresTHE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE BY -LAW NO. 98 -122 Being a By -law of the Council of The Corporation of the Township of Oro - Medonte to 40 license, regulate, and govern the ownership and operation of motor vehicles used for hire for the conveyance of goods or passengers and for establishing the rates or fares to be charged in the Township of Oro - Medonte. WHEREAS the Municipal Act, R.S.O. 1990, o,M.45, as amended, provides that a by -law may be passed by the Councils of local municipalities for licensing, regulating, and governing owners and drivers of motor vehicles used for hire for the conveyance of goods or passengers and for establishing the rates or fares to be charged; AND WHEREAS the Council of The Corporation of the Township of Oro - Medonte deems it advisable to exercise this authority; NOW THEREFORE the Council of The Corporation of the Township of Oro - Medonte enacts as follows: 1. a) "Clerk" means the Clerk duly appointed by the Council of the Corporation of the Township of Oro - Medonte. b) "Corporation" means The Corporation of the Township of Oro - Medonte. C) "Council" means Council of The Corporation of the Township of Oro - Medonte. d) "Limousine" shall mean a motor vehicle which does not bear any identification, other than the motor vehicle registration plates issued by the Ministry of Transportation and Communications for the Province of Ontario, which does not have a taximeter and which is kept or used for hire for the conveyance of passengers within the Township of Oro - Medonte or to any point not more than five (5) kilometers beyond the limits thereof, but shall not include a taxi cab. C) "Motor vehicle" includes cabs, buses, and limousines. f) "Own" includes lease, and "owner" has a corresponding meaning. g) "Person" includes a natural person, a partnership or a Corporation. h) "Taxicab" shall mean a motor vehicle equipped with a taximeter and having a manufacturer's rated seating capacity of not less than five (5) and not more than nine (9) adult persons, used for hire for the conveyance of passengers within the Township of Oro - Medonte or to any point not more than five (5) kilometers beyond the limits thereof, but shall not include a public vehicle as defined in the Public Vehicles Act, R.S.O. 1990, c.P.54. i) "Taxicab Broker" means any person who accepts calls in any manner for taxicabs that are used for hire and that are not owned by that person or that person's immediate family or employer. j) "Township" means the Township of Oro- Medonte. 2. TAXICAB COMPANY/OWNER a) No person shall operate or maintain a business as a Taxicab Company or Taxicab Owner within the Township of Oro - Medonte without first having obtained a license to do so. b) No person shall permit any taxicab to be used for hire in respect of any business licensed under this Section unless such taxicab is licensed under the provision of this By -law. C) No person shall permit any driver to drive a taxicab unless such driver is licensed under the provisions of this By -law to do so. v ,) I i -2 d) Every person shall provide at the time of application, for each vehicle to be used as a taxicab: i) the vehicle identification number and the Ontario license plate number as issued by the Ministry of Transportation for each vehicle to be used as a taxicab by such person; ii) a valid and current Safety Standards Certificate in accordance with the provisions of the Highway Traffic Act, R.S.O. 1990, c.H.8, as amended. e) No person shall use any vehicle as a taxicab unless such vehicle has been approved by the Clerk by providing documentation as described in Subsection (d) and such vehicle is licensed under the provisions of this By -law. I) Every person shall advise the Clerk within 10 days of any change in any license plate issued by the Ministry of Transportation. , g) No person shall permit any taxicab driver to drive any taxicab unless such taxicab driver is licensed under the provisions of this By -law. h) Every applicant shall provide to the Clerk at the time of application a Certificate of Insurance certifying that for each taxicab, the owner of such taxicab for which application is being made is insured for public liability, property damage and passenger hazard, with a minimum of $1,000,000.00 coverage per incident or occurrence and written confirmation from the issuer that the Township will receive at least ten (10) days written notice prior to any cancellation, expiration or variation thereof. i) The licensee shall ensure that every driver of a taxicab shall be familiar with the provisions of this By -law, the laws and regulations relating to traffic and the geography of the Township of Oro - Medonte. j) The licensee shall ensure that every driver of a taxicab is the holder of any of a class A, B, C, D, E, F or G driver's license issued to him by the Ministry of Transportation for the Province of Ontario and that such license is valid at all times that such driver is engaged in driving any taxicab used by the licensee. k) The applicant shall be registered with the Ministry of Transportation for the Province of Ontario as owner of the taxicab for which application is being made. 1) The applicant shall satisfy the Clerk that: i) any taxicab will be operated solely in association with and will accept calls only from a licensed taxicab broker, or the owner of such taxicab; and ii) the applicant is able to provide 24 -hour taxicab service to the public for each day of the year. m) Every licensee shall: i) keep an orderly record of all calls answered by taxicabs owned by him showing date, time, origin, destination, and the name of the driver. The records shall be retained for a period of 12 months from date of entry and shall be open for inspection by any By -Law Enforcement Officer, Police Officer or other duly appointed individual at any reasonable time and may be removed by such By -Law Enforcement Officer, Police Officer or other duly appointed individual retained, for any reasonable period of time; I v -3- ii) submit each taxicab owned by him for vehicle safety inspection annually and at any other time as required by the Clerk, a By -Law Enforcement Officer, Police Officer or other duly appointed individual and shall file with the Clerk a valid and current Safety Standards Certificate for each taxicab owned by him and intended to be used as a taxicab in accordance with the provisions of the Highway Traffic Act, R.S.O. 1990, c.H.8; iii) ensure that all persons employed by him as a taxicab driver are properly licensed under the provisions of this By -law; iv) keep the interior and exterior of all taxicabs owned by him in good repair and in a clean and sanitary condition; V) prominently display in each taxicab owned by him a copy of the tariff of fares set out in Schedule `B ". n) The licensee shall ensure that any taxicab operated by him is driven for the transportation exclusively of one person or group of persons in the same party and that only one fare or charge is collected for each specified trip. 3. TAXI TARIFF.— RATES AND FARES a) No person shall charge any rate or fare for the conveyance of passengers by a taxicab within the Township of Oro - Medonte or to a point not more than 5 kilometers beyond its limits except in accordance with Schedule `B" attached to and forming part of this By- law. b) The rate for any trip exceeding five (5) kilometers beyond the boundaries of the Township of Oro - Medonte is not subject to this schedule and is negotiable between the broker /owner and passenger. C) No person shall charge any fee or rate which is contrary to Schedule "B" which has not been filed with the Clerk. d) Notwithstanding Schedule `B ", the licensee and a customer may enter into a contract in writing for services to extend for a period of one year or more on runs between fixed points at an agreed tariff, but a duplicate original of such contract must first be filed with the Clerk. e) No person licensed under this Section shall act as a Delivery Service or Courier Service as the primary operation of the business. .0 4. EQUIPMENT AND ITS USE a) Every licensee shall have affixed to each taxicab used by him, a taxi meter for registering distances traveled and computing fares to be paid and for all taxicabs so equipped the following provisions shall apply: Each taxi meter shall be: i) illuminated when lights are required according to the Highway Traffic Act, R.S.O. 1990, e.H.8, as amended; ii) so placed as to be conveniently seen at all times by the passenger or passengers of the taxicab; iii) kept in good working order at all times and not used when defective in any way; iv) adjusted in accordance with the rates and fares prescribed by Schedule `B ". b) Every person shall ensure that each taxicab contains a spare usable tire and wheel and a suitable jack for lifting the taxicab. 5. TAXICAB BROKER a) No person shall operate as a Taxicab Broker within the Township of Oro - Medonte without first having obtained a license to do so. b) The applicant shall be familiar with the provision of this By -law, the laws and regulations relating to traffic and the geography of the Township. C) The applicant shall satisfy the Clerk that he is able to provide 24 -hour taxicab service to the public for each day of the year. d) Every licensee shall: i) make out and deliver to the Clerk on a quarterly basis, or as otherwise requested, a list of the names of the holders of Taxicab Vehicle Licenses operating taxicabs in association with such broker and the number of taxicabs operated by such persons. The first quarter will commence on the I't day of January in each year; ii) keep an orderly record of all calls received and dispatched by him showing date, time, origin, destination, taxicab driver and taxicab vehicle license number. The records shall be retained for a period of 12 months from date of entry and shall be open for inspection by any By -Law Enforcement Officer, Police Officer or other duly appointed individual at any reasonable time and may be removed and retained for any reasonable period of time by such officer or individual; iii) ensure that all taxicabs dispatched by him and all drivers thereof are licensed under the provision of the By -law; iv) provide a suitable office for the carrying on of his business and keep the same orderly, clean and neat; V) provide telephone and radio dispatching facilities maintained in proper working condition; is e) No broker, licensed under this By -law shall operate his business unless he provides adequate parking space for every vehicle he operates or has operating in respect of his business. -5- 6. TAXICAB • a) No vehicle shall be operated as a taxicab within the Township of Oro - Medonte without first being licensed under the provisions of this By -law. b) No person shall operate or maintain a taxicab within the Township of Oro - Medonte without first obtaining a license to do so. C) No person shall drive any taxicab without first being licensed as a Taxicab Driver under the provisions of this By -law. d) Every owner of a taxicab shall submit such taxicab for safety inspection annually or as otherwise required by the Clerk, By -Law Enforcement Officer, Police Officer or other duly appointed individual under the provisions of the Highway Traffic Act, R.S.O. 1990, c.H.8 and such valid and current Safety Standards Certificate shall be filed with the Clerk. C) Every owner and driver of a taxicab shall maintain the interior and exterior in good repair and keep the taxicab in a clean and sanitary condition at all times. f) Every owner and driver of a taxicab shall ensure that the taxicab is equipped with a spare usable tire and wheel and suitable jack for lifting the taxicab at all times. g) Every owner and driver shall ensure that a taxicab licensed under this section is only used as a taxicab and is not used as a delivery or courier service. 7. TAXICAB DRIVER a) No person shall operate or carry on business as a Taxicab Driver within the Township of Oro - Medonte without first having obtained a license to do so. b) A copy of the applicant's driving record as issued by the Ministry of Transportation & Communications, Province of Ontario, and dated no earlier than 60 days prior to the date of the application shall accompany the application. C) No person shall provide any services as a taxicab driver for any taxicab company or owner which is not licensed under the provisions of this By -law. d) No person shall drive any vehicle operated as a taxicab unless such vehicle is licensed as a taxicab under the provisions of this By -law. e) Every licensee shall keep a daily record, hereinafter referred to as a trip record, of all calls received by him which result in the transporting of a passenger from one location to another and such trip record shall contain the following information: i. the permit number of the taxicab issued by the Ministry of Transportation for the Province of Ontario; ii. the name, address and identification number of the driver; iii. the amount of fare collected for each trip; iv. date, time, origin and destination of each trip. f) Every licensee who drives a taxicab of which he is not the owner shall once in each calendar day that he has so driven, deliver to the owner of the taxicab, the trip record for isthat day. 0 g) Every licensee while in charge of a taxicab for hire shall: i. produce trip records upon the request of any By -Law enforcement Officer, Police Officer or other duly authorized individual; • ii. punctually keep all his appointments and engagements resulting from calls and shall, unless the taxicab he is driving has been previously engaged, serve at any place within the Township and at any specified time, whether by day or night, any person who may lawfully require his taxicab and he shall not neglect to fulfil his appointments or engagements except for reasons beyond his control; iii. serve the first person offering to hire him, unless such person owes him a fare for services or unless the person is likely to soil or damage the interior of his taxicab; iv. upon request of any passenger, give in writing his name and permit number issued by the Ministry of Transportation for the Province of Ontario of the taxicab he is driving; V. take due care of all property delivered or entrusted to him and accepted by him for conveyance or safekeeping and immediately upon termination of any hiring or engagement, shall search his taxicab for any property lost or left therein and all property or money left in his taxicab shall be forthwith delivered over to the person owning the same, or if the person cannot be found at once, then to the Police Service in effect with all information in his possession regarding same; vi. travel by the most direct route to the point of destination unless otherwise directed by the person engaging the taxicab; vii. be neat and clean in his person and appearance. h) No person shall, while in charge of a taxicab for hire: i. solicit any person to take or use the taxicab he is driving by calling out or shouting. The person wishing to use or engage the taxicab shall be left to choose without interception or solicitation; ii. take, consume or have in his possession any intoxicant; iii. obstruct the use of any sidewalk, make any loud noise or disturbance, use any abusive language, molest, annoy or insult any person whatsoever; iv. employ or allow any runner or other person to assist or act in concert with him in obtaining any passenger; V. carry a greater number of persons than the taxicab is intended to seat according to manufacturer's rating or than specified in the license issued under this By -law; vi. induce any passenger to employ him by either knowingly, recklessly or willfully misinforming, misleading or deceiving such passenger as to the arrival or departure of any public conveyance or the location or distance from any part of the Township to any station, terminal, public place, private residence or other place; vii. carry any passenger other than those employing his services, unless authorized by the registered owner of the taxicab he is driving to do so; viii. allow any immoral, indecent or disorderly conduct in his taxicab; ix. smoke while driving a passenger without first obtaining the passenger's consent; X. park, stop or otherwise stand the taxicab in any prohibited area; xi. charge any fare or rate which is contrary to those set out in Schedule `B ". 8. EXEMPTION The provisions of this By -law shall not apply to community groups providing a driving service to senior and disabled persons at no cost to the recipient of the service. U -7- 9. PENALTIES Any person who contravenes any provision of this By -law unless otherwise provided herein is guilty of an offence, and a) upon conviction is subject to a penalty pursuant to the Provincial Offenses Act, R.S.O. 1990, c.P.33. Each time a breach of this By -law occurs it shall constitute a separate offence; b) the conviction of any offender upon the breach of any provision of this By -law shall not operate as a bar to a prosecution against the same offender upon any continued or subsequent breach of any provision and the Judge may convict any offender repeatedly for continued or subsequent breaches of the By -law and the provisions of the Municipal Act, R.S.O. 1990, e.M.45, as amended, from time to time shall further apply to any continued or repeated breach of this By -law; C) if any court of competent jurisdiction finds any of the provisions of the By -law are ultra vires the jurisdiction of the Township, or are invalid for any other reason, such provisions shall be deemed to be severed and shall not invalidate any other provision of the By -law which shall remain in full force and effect. 10. LICENCE FEES The license fees applicable shall be as described in Schedule "A" attached to and forming part of this By -law. 11. REFUSAL AND REVOCATION OF LICENCES a) Council may refuse to grant a licence to any applicant if he has not, in the opinion of Council, satisfied all of the requirements of Section 2, Section 5, Section 6 and Section 7 of this By -law. b) Council may revoke any licence previously granted or refuse to renew any such licence for any reason that would disentitle the licensee to such licence under this By -law if he were an applicant provided that, before revoking or suspending any licence, Council shall afford the licence holder the opportunity to attend before it and to be heard in person or by his counsel and to be advised of any facts alleged against him which could result in his licence being revoked or suspended and shall afford him the opportunity of answering such allegations. c) Notice of any revocation or refusal to renew a licence granted under this By -law may be given by personal service delivered to the licencee or by registered letter mailed to the licencee at his last known address or his place of business and if given by registered letter, shall be deemed to have been received by the licencee on the second day after mailing. 0 12. TITLE The short title of this By -law is the "Taxicab By -law ". 13. REPEAL That By -Law No. 1431 and By -Law No. 86 -48 of the former Township of Oro are hereby repealed. F-1 • 14. FORCE AND EFFECT a) This By -law shall come into force and take effect on the date of the final passing thereof, b) Every license issued under this By -law shall expire at 12:00 midnight one year from the day on which the business license was issued in each calendar year. Read a first and second time this 2nd day of December ,1998. Read a third time and finally passed this 2nd day of Dece nber '1998. THE CORPORATION OF THE TOWNSHIP OF ORO- MEDONTE Mayor, Ian Beard Clerk, Lynda Aiken • Schedule "A" to By -law No. 98- 122 Broker's Initial Fee $500.00 Broker's License : Taxi $250.00/ taxi /year Limousine: $250.00 /year Driver's License Taxi /Limo $ 50.00 /year *Non - refundable For the purpose of Driver's License Taxi/Limo, the fee shall be non - refundable if the license is denied. L� Schedule `B" to By -law No. 98- 122 i) for the first 1/10 kilometer or part thereof - $2.20 inclusive of GST; ii) for each additional 1 /10 kilometer or part thereof - $0.14; iii) waiting time shall be at the rate of $0.37 per minute or $23.00 per hour; iv) taxicabs which are station wagons or vans, the fare shall be the fare as set out above plus $5.00 for any trip; V) hourly rates — shall not be more than $45.00 per hour for four passengers or less. The time of such trips shall be calculated from the time of pickup of the first passenger to the time of discharge from the taxicab of the last passenger. C] SCHEDULE "C" TOWNSHIP OF ORO- MEDONTE APPLICATION FOR LICENSE AS OWNER OF A MOTOR VEHICLE UNDER BY -LAW 98 -122, TOWNSHIP OF ORO- MEDONTE Name of Registered Owner Mailing Address of Registered Owner Permanent Address of Registered Owner Telephone If a partnership, state the above in respect of all partners. If leased vehicle, state Lessee's name and address. License No. of Vehicle Serial No. of Engine Year Model Make miles. Colour Odometer Reading lams. Insurer Agency Address of Agency Expiry date of insurance Does Applicant operate a Taxi -cab brokerage? Number of vehicles owned by Applicant which are licensed or intended to be licensed under By -law No. 98- Dated Tel. No. Yes ( ) No ( ) Signature of Registered Owner 0 Permission is granted to this application subject to By -law No. 98- of the Township of Oro- Medonte. Dated Safety Standard Certificate ( ) Certificate of Insurance ( ) $1,000,000.00 Coverage O Yes Received Received () No SCHEDULE "D" TOWNSHIP OF ORO- MEDONTE APPLICATION FOR LICENSE AS DRIVER OF A MOTOR VEHICLE UNDER BY -LAW NO. 98-122, TOWNSHIP OF ORO- MEDONTE Name of Applicant Mailing Address of Applicant Permanent Address of Applicant Telephone Number Height Ontario Drivers License Number Ontario Drivers License Classification Employer (if not self - employed) Employer's Address Telephone Number Name of Immediate Supervisor cm. kgms. in. Weight lbs. Driving Record ( ) Received SCHEDULE "E" TOWNSHIP OF ORO- MEDONTE APPLICATION FOR LICENSE AS TAXI -CAB BROKER UNDER BY -LAW NO. 98- 12� TOWNSHIP OF ORO- MEDONTE Name of Registered Owner Mailing Address of Registered Owner Permanent Address of Registered Owner Telephone Number Is the Taxi -cab Brokerage a Partnership? Yes No If yes, attach all the above information in respect of all the partners. Is the Applicant a Corporation? Yes No Does the Applicant own any vehicles which are licensed or intended to be licensed under By -law No. 98- ? Yes No Does the Applicant have or does the Applicant intend to have a license as driver of a motor vehicle under By -law No. 98- ? Yes No Names and address of all vehicle owners or lessees for whom the Applicant will act as taxi -cab broker. (Attach separate sheet if necessary.) 0 Dated Signature of Registered Owner Permission is granted to this application subject to By -law No. 98- Dated of the Township of Oro - Medonte.