Chapter 132 - Metropolitan Area Taxicab and Limousine Code

132.01  Adoption and Scope

132.08  No Smoking Allowed

132.02  Definitions

132.09  Rates

132.03  Taxicab and Limousine Business License

132.10  Illegal Use

132.04  Vehicle License

132.11  Solicitation

132.05  Taximeters

132.12  Revocation for Violations and Injunctive Remedy

132.06  City Taxi/Limo Driver’s License

132.13  Duty to Carry Orderly Passengers

132.07  Information

132.01    ADOPTION AND SCOPE.  This chapter shall be known as the Metropolitan Area Taxicab and Limousine Code and shall apply to the operation of taxicab and limousine services originating within the city limits of the cities of Cedar Rapids, Marion and Hiawatha.

132.02    DEFINITIONS.  For use in this chapter, the following terms are defined:

1.                  “Courier service” means transportation for hire of anything other than human cargo.  To run without the taximeter, a courier service must be registered with the Iowa Department of Transportation and have proper IDOT numbers on the side of the vehicle signifying that it is registered to be a courier.

2.                  “Exceptions” means those motor vehicles owned and operated by hotels, motels and other boarding places for the purpose of transporting patrons between the hotel, motel, or boarding place and another point (must be a free courtesy shuttle service), auto repair shops for the purpose of transporting patrons between the auto repair shop and another point (must be a free courtesy shuttle service), ambulances and other emergency vehicles, and public transit vehicles which are excluded from the provisions of this chapter.

3.                  “Limousine” means a motor vehicle with a passenger rated capacity of more than three, exclusive of the driver, and not regulated by the Office of Motor and Carrier Services of the Iowa Department of Transportation. The vehicle and driver are engaged in transportation of passengers for hire in a limousine service. The vehicle shall be operated on a fixed route or have reservations 24 hours in advance for their service, operate without a meter installed in the vehicle and charge for services on an hourly basis or longer periods of time.

4.                  “Limousine business” means a firm that provides limousine services originating within the corporate limits of the metropolitan area.

5.                  “Metropolitan area” means the area within the corporate limits of the cities of Cedar Rapids, Marion and Hiawatha.

6.                  “Passenger” means any tangible item being transported including human cargo. All fares charged by the owner, operator, or driver of any taxicab shall be determined by the taximeter from the fare recorded on the face thereof when transporting passengers.

7.                  “Taxicab” means a motor vehicle regularly engaged in the business of carrying passengers for hire and not operated on a fixed route or schedule and operating with a meter.

8.                  “Taxicab business” means a firm that provides taxicab services originating within the corporate limits of the metropolitan area. Activities to be conducted include, but are not limited to: receiving calls and dispatching of taxicabs, transferring driver's and/or vehicles, parking and storage of vehicles, storage of lost or misplaced baggage, maintenance and storage of business records, the conducting of employee meetings and related personnel matters.

132.03    TAXICAB AND LIMOUSINE BUSINESS LICENSE.

1.         Required.  Every person owning, operating or controlling a taxicab or limousine within the metropolitan area shall be associated with a taxicab or limousine business, and each taxicab and limousine business shall obtain a business license.

2.         Any person seeking a taxicab or limousine business license shall make an application to the City Clerk of the city where the business has its primary business office. The City Clerk shall cause an investigation of the application and of the background of the applicant to be made through the Iowa Department of Criminal Investigations. The City Clerk shall also cause an investigation to be made to determine that all requirements of this Chapter have been satisfied and that the applicant has fully complied with all applicable ordinances and regulations relating to buildings and zoning. The applicant will pay for all costs associated with any background investigations.

3.         Qualifications for Taxicab Business License.  Each company filing applications with the office of the City Clerk of their respective city for a Taxicab Business License shall meet the following minimum requirements:

A.        Provide an office which must be accessible 24 hours a day, seven days a week and upon request of the Chief of Police or their authorized representative.

B.         Provide taxicab service to the public 24 hours a day, seven days a week and have a business telephone that is answered 24 hours a day, seven days a week so that any individual may request the services of the taxicab company. The business shall have a listed telephone number.

C.        Provide a minimum of three qualified licensed taxicab drivers.

D.        Provide a minimum of two qualified licensed taxicab vehicles of which a minimum of one vehicle shall be in operation at all times. All taxicab vehicles covered under the business license must have the same paint color and design (existing vehicles will be grandfathered - all new vehicles must comply). The selected taxicab business paint color and design must be noticeably different than other existing taxicab businesses.

E.         Meet all applicable zoning ordinance regulations and other applicable City regulations.

F.         Activity Log.  Each business must keep a daily activity log listing the date, time, trip origination address and trip destination address. The activity logs must be available for inspection by and upon the request of the Chief of Police or the Five Seasons Transportation & Parking Director or their designees. The logs must be maintained by the taxicab business for a period of one year.

4.         Qualifications for Limousine Business License.  Each company filing applications with the office of the City Clerk of their respective City for a Limousine Business License shall meet the following minimum requirements:

A.        Provide a minimum of one qualified licensed driver.
B.         Provide a minimum of one qualified licensed vehicle.

C.        Meet all applicable zoning ordinance regulations and other applicable City regulations.

D.        Activity Log.  Each business must keep a daily activity log listing the date, time, trip origination address and trip destination address. The activity logs must be available for inspection by and upon the request of the Chief of Police or the Five Seasons Transportation & Parking Director or their designees. The logs must be maintained by the limousine business for a period of one year.

5.         The business license application shall contain the following:

A.        The full name of the taxicab or limousine business, the street address of the premises for which the application is being made, all telephone numbers where the taxicab or limousine business will be conducted, and the paint color and design of the vehicles (taxicabs only).

B.         The full name, address, telephone number, date of birth and social security number of the applicant, whether the applicant has been convicted of a felony as well as any aliases by which the applicant has been or is currently known.

C.        The type of business entity such as sole proprietorship, partnership or corporation and, in the case of a corporation, the names and residence addresses of all officers and directors of the corporation and of each stockholder holding ten percent or more of the stock of said corporation; in the case, of a partnership, the names and residence addresses of all partners including limited partners of the partnership.

D.        The name of the owner of the building where such taxicab or limousine business will be located.

E.         Copies of any lease or rental agreement governing the applicant's right in said building.

F.         A sworn statement that the contents of the application are true and that the applicant is of good moral character.

G.        The signature of the applicant or applicants or, if the application is in the name of a corporation, the signature of each officer of the corporation; if the application is in the name of a partnership, the signature of each partner, including limited partners, of the partnership.

6.         If the City Clerk finds that the applicant has fully complied with all requirements of this chapter and with all other applicable ordinances and codes, the City Clerk shall authorize the issuance of a license to conduct a taxicab or limousine business at the location designated in the application. Such license shall commence on July 1, or the date the operations are started, if later, and shall terminate on the following June 30.

7.         Fees.  The annual business license fee shall be $30.00. Said fees shall be prorated quarterly and paid to the City Clerk of the city where the taxicab or limousine service has their primary office.

8.         Each taxicab and limousine business shall have a separate license for each place of business, which shall be valid only for the business conducted at that location.

9.         Each taxicab or limousine business shall display its license conspicuously where all persons entering such premises may readily observe such license.

10.       No taxicab or limousine business license shall be sold or transferred. The purchaser or purchasers of any business or of the majority of the stock of any corporation operating a business shall obtain a new taxicab or limousine business license before operating such business at the location for which the license has been issued or at any other location.

11.       Reciprocity.  All cities in the metropolitan area shall recognize licenses issued by other cities in the metropolitan area. It is the duty of the City Clerk to notify the other City Clerks in the metropolitan area whenever a taxicab or limousine license is issued or revoked. A license revoked in one city will not be reissued in another city until the revocation period has expired.

132.04    VEHICLE LICENSE.

1.         Required.  No person shall operate any taxicab or limousine where service originates on the streets of the metropolitan area without a license therefore for each taxicab or limousine to be issued by the respective City Clerk. Taxicabs and limousines shall also have such licenses or certificates as may be required by the Iowa Department of Transportation.

2.         It shall be the duty of the respective City Clerk to furnish for each qualified taxicab and limousine which meet minimum requirements as set forth in this Chapter a license, giving the make and complete vehicle identification number (VIN) of the vehicle, vehicle license plate number, and other information deemed necessary by the City Clerk. The owner of the vehicle shall cause the vehicle license to be placed in such vehicle and produced upon request, during the continuance of the license. Upon the expiration of the license, the owner shall cause the vehicle license to be removed from the vehicle. Immediately after the expiration of the license, all markings shall be removed from the exterior of the vehicle.

3.         License Fees.  The license fee for each taxicab and limousine shall be $30.00 per vehicle per fiscal year and paid to the respective City in the office of the City Clerk. The Eastern Iowa Airport may also require parking, curb or other user fees in addition to the license fees paid to the City. The license for each taxicab and limousine shall commence on July 1, or on the date the operations are started, if later, and shall terminate on the following June 30.

4.         Insurance.  No license for a taxicab or limousine shall be issued, renewed or extended without the owner thereof first filing in the office of the City Clerk an insurance policy or certificate acceptable to the City Attorney issued by a company authorized to do business in the State of Iowa.

A.        The minimum limits of liability of the insurance shall be as follows unless other regulations or provisions of law require higher limits.

(1)        To cover the insured's legal liability for personal injury or death resulting therefrom, for each vehicle, for any recovery by one person as a result of any one accident or other cause, $250,000.00; and for all persons receiving personal injury as a result of any one accident or other cause, $250,000.00, and shall also comply with all state and federal requirements, if greater, and to cover the insured's legal liability for damage to or destruction of any property other than that of, or in charge of the insured as a result of any one accident or other cause, $250,000.00, or

(2)        The option of submitting an insurance certificate with a combined single limit coverage of a minimum of $250,000.00 will be accepted.

B.         Before a policy may be suspended or canceled, the respective City Clerk's office must receive a minimum of 10 days prior written notice of such proposed suspension or cancellation.

C.        The insurance policy shall be issued for a period to cover the life of the license applied for and shall commence either on the date of issuance of the license, or, July 1, and in each case be valid until the following June 30. Failure to keep such insurance policy in full force and effect shall be cause for revocation of the license.

D.        The cancellation or other termination of any insurance policy or certificate shall automatically revoke and terminate the licenses issued for the taxicab or limousine business and the vehicles covered by such insurance policy, unless another policy, complying with this chapter, shall be provided and in effect at the time of such cancellation or termination. The City Clerk shall immediately issue written notification of the revocation of all licenses for the taxicab or limousine business and the vehicles covered by such insurance which is canceled or terminated.

E.         No driver or owner of a taxicab or limousine shall drive or permit to be driven a vehicle without an insurance policy or certificate acceptable to the City Attorney being filed as herein provided.

F.         The name of the insured on the certificate must contain the insured's street address.

5.         Condition of Vehicles - Inspection.  Every taxicab or limousine shall be inspected before being put in service, and shall thereafter be inspected semi-annually for such period of time as the same continues to be operated as a taxicab or limousine, such inspections to be conducted by the Chief of Police or their authorized representative. Vehicle inspections may also be required more frequently on an as-needed basis as determined by the Chief of Police or their authorized representative. No vehicle shall obtain a license, or be operated as a limousine or taxicab without passing such inspections. Each vehicle passing such inspection shall obtain a sticker to be placed in a conspicuous place on each vehicle by the Police Department.  Each taxicab and limousine shall meet all of the following requirements:

A.        The vehicle in all respects shall conform to the requirements of Chapter 321 of the Code of Iowa.

B.         The vehicle shall be in a safe and sanitary condition.
C.        Each vehicle shall be equipped with a working air conditioner and heater of adequate capacity for such vehicle.
D.        All taxicabs shall be marked on the outside, on both sides, with the name of the company, phone number, unit number and base rates. The markings shall be painted or affixed by decal in letters or figures at least 2-1/2 inches in height, except the rate letters or figures which must be at least 1-1/2 inches in height. (Existing vehicles will be grandfathered - all new vehicles must comply.)
E.         No person shall operate a vehicle marked as a taxicab unless licensed pursuant to this chapter.
F.         All vehicles and equipment shall be clean on the exterior and interior at any time the vehicle is in service.
G.        All vehicle exteriors shall be maintained in good condition with parts intact and properly painted.
H.        All vehicles shall be in excellent mechanical operating condition free from all known defects. No vehicle shall be used in passenger-carrying service with a known mechanical problem which could cause inconvenience or a safety hazard to the passenger.
I.          Unsafe tires shall not be used on any vehicle.
J.          No taxicab shall be operated without a sign permanently affixed to the rooftop of the vehicle that designates the vehicle as a taxicab.

6.         Transferring Drivers and/or Vehicles.  The transferring of drivers and/or vehicles in a residential district is restricted to a maximum of one vehicle per residential building address.

7.         Reciprocity.  All cities in the metropolitan area shall recognize licenses issued by other cities in the metropolitan area. It is the duty of the City Clerk to notify the other City Clerks in the metropolitan area whenever a taxicab or limousine license is issued or revoked. A license revoked in one city in the metropolitan area will not be reissued in another city until the revocation period has expired.

132.05    TAXIMETERS.

1.         Required.  Every taxicab operating on the streets of the metropolitan area shall have installed and be equipped with a taximeter of standard size and design, approved by the Chief of Police or their designee. All fares charged by the owner, operator or driver of any taxicab shall be determined by the taximeter from the fare recorded on the face thereof when transporting passengers.

2.         Inspection.  No vehicle license shall be issued to any taxicab owner or operator until the meter installed in any such taxicab shall have been inspected by the Police Department and found to be accurate.

3.         Operation.  Only meters operated from the transmission shall be used on taxicabs.

4.         Inaccuracy.  No person shall use, or permit to be used, upon any taxicab owned or operated by such person a meter which shall be in such condition as to be over 5 percent inaccurate for every unit of measurement used to determine fare.

5.         Illumination of Dial.  No meter shall be used between sunset and sunrise unless the face of the meter is illuminated by a suitable light, or if the meter has digital numbers they must be lighted at all times.
6.         Sealed Case.  No person shall use, or permit to be used, or drive for hire, a taxicab equipped with a meter, the case of which is unsealed, and which does not have its cover and gear intact.

7.         False Signal.  No driver or operator of a taxicab equipped with a taximeter and while carrying passengers, or under employment, shall display the signal affixed to such taximeter in such position as to denote that such vehicle is not employed, or in such a position as to denote that the driver is employed at a rate of fare different from that to which the driver is entitled under the provisions of this chapter.

132.06    CITY TAXI/LIMO DRIVER'S LICENSE.

1.         Required.  No person shall drive a taxicab or limousine for the purpose of carrying passengers for hire without first obtaining a city taxi/limo driver's license.

2.         Qualifications.  An applicant for a city taxi/limo driver's license must:

A.        Be of the age of 18 years or older.

B.         Possess such current license as may be required by the state and federal authorities to operate the particular vehicle type.

C.        Have complied with all requirements with the State of Iowa for obtaining a Class "D" chauffeur's license.

D.        Be able to speak, read and write the English language.

E.         Be clean in dress and person and not be addicted to intoxicating liquor, drugs, or other chemical substances. No person shall drive a taxicab or limousine unless the person shall at all times be attired in the uniform consisting of trousers and collared shirt or other uniform so designated by the driver's company and approved by the Chief of Police or their authorized representative. Walking shorts shall be allowed provided that they are no shorter than 2 inches above the knee.

F.         Fill out a form provided by the city, a sworn statement, giving the applicant's full name, residence, places of residence for five previous years, birth date, age, height, weight, color of eyes and hair, place of birth, driver's license number, social security number, places of previous employment in the last five years, whether the applicant has within the last five years been convicted of a felony or misdemeanor, and if so, whether the applicant has been convicted of an offense involving sex abuse within the five years immediately preceding the date of application, whether applicant has been convicted of more than one violation of Iowa Code Chapter 321J.2 (OWI) within three years of the date of application or convicted of any moving violation which resulted in a suspension of an operator's or chauffeur's license pursuant to Chapters 321, 321 A, or 321 B of the Code of Iowa.

G.        The applicant shall not have been convicted within the past five years of a felony, or of a crime involving sexual abuse, or more than one violation of Iowa Code Chapter 321J.2 (OWI) within the three years preceding the date of application, or convicted of any moving traffic violation which resulted in an automatic suspension of an operator's or chauffeur's license pursuant to Chapters 321, 321 A or 321 B of the Code of Iowa.

3.         Revocation or Suspension.  Upon finding by the Chief of Police or their designee that any of the requirements set forth in this Chapter have been violated subsequent to the filing of the application, the city taxi/limo driver's license may be suspended or revoked after notice and hearing. The license may also be suspended or revoked if the applicant provides false information on the license application. A license revoked in one city in the metropolitan area will not be reissued in another city until the revocation period has expired.

4.         Term and Fee.  Each city taxi/limo driver's license will be for a term of two years and the biannual fee shall be $6.50 for each license.

5.         Photograph.  Each applicant for a city taxi/limo license shall file with the applicant's application three recent photographs, not more than four years old, of the applicant of a size designated by the City Clerk. Said photographs shall be in color, taken against a solid colored background, and shall show the applicant's full face and shoulders. One of the photographs shall be attached to the license when issued, one shall be filed with the Police Department and one shall be filed with the City Clerk. The photograph shall be so attached to the license that it cannot be removed and another photograph substituted without detection. Where the application for license is denied, the City Clerk shall return two of the photographs to the applicant. The Police Department will retain one photo.

6.         Background Investigation.  A background investigation of the applicant will be initiated through the Iowa Department of Criminal Investigations. The applicant will pay for all costs associated with any background investigations.

7.         Display of Taxi/Limo Driver's License.  There shall be properly displayed within the vehicle the city taxi/limo driver's license of the person driving such vehicle. The city taxi/limo driver's license shall be affixed to such place in the vehicle designated by the Chief of Police or their designee and produced upon request. The license shall be covered with transparent material and must be kept clear and clean.

132.07    INFORMATION.  The owner, driver, or operator of any licensed taxicab or limousine shall, upon request, give any person the number of said vehicle, the name of the owner, driver, or operator thereof, and the address of their place of business.

132.08    NO SMOKING ALLOWED.  Passengers and drivers are not allowed to smoke in taxicab or limousine vehicles.  Decals or signs must be conspicuously displayed on the inside of vehicles that read "NO SMOKING ALLOWED IN THIS VEHICLE.”

132.09    RATES.

1.         Every person owning, operating or controlling a taxicab and the driver of a taxicab within the metropolitan area shall charge for transportation of a person or persons, from one point within the metropolitan area to another, the fares that are set by resolution by the City Councils within the metropolitan area upon the recommendation of the Metropolitan Area Taxicab Committee. The Metropolitan Area Taxicab Committee shall consist of one representative of each licensed taxicab company and representatives of the cities within the metropolitan area as appointed by their respective City Councils.

2.         “Waiting time” shall be deemed to mean the time consumed while standing at the direction of the passenger, or while waiting the arrival of the passenger at the point of call, but no charge shall be made for the time consumed or lost because of the operator's premature response to a call.

3.         Every person owning, operating or controlling a limousine and under contract with the Cedar Rapids Airport Commission shall not charge more than $15.00 one way per person, and $30.00 two way per person for transportation between points in the metropolitan area and The Eastern Iowa Airport.

4.         After the original passenger or passengers have engaged the services of a taxicab, no additional passenger shall be accepted by the operator of a taxicab without the express verbal permission of the original passenger or passengers.

5.         The base rates prescribed shall be painted or affixed by decal in letters and figures at least 1-1/2  inches in height in a prominent place on either the outside metal surface of a door or similar surface on both sides of each taxicab. Each limousine vehicle shall have their rates printed and located in the vehicle and available upon request.

6.         No person shall charge, or attempt to charge, a passenger a higher or lower fare than that specified by the city resolution.

7.         Any person who shall have hired a taxicab/limousine for the purpose of transporting passengers and who shall refuse to pay the specified fare shall be guilty of a misdemeanor.

132.10    ILLEGAL USE.  The owner, driver or operator of a taxicab or limousine shall not permit any person to occupy or use such vehicle for the purpose of prostitution, lewdness or assignation with knowledge or reasonable cause to know that the same is, or is to be used for such purpose, or direct, take or transport, or offer or agree to direct, take or transport any person to any place, or to any other person, with knowledge or reasonable cause to know that the purpose of such directing, taking, or transportation is prostitution, lewdness or assignation.

132.11    SOLICITATION.

1.         Solicitation of Passenger by Drivers.  No owner, operator, or driver of a taxicab or limousine, while conducting business and accepting passengers for hire on a public street or any other public place, shall solicit passengers for hire for a taxicab or limousine except when sitting in the driver's compartment or while standing immediately adjacent to the curbside thereof except, in connection with limousine counters leased at The Eastern Iowa Airport, and shall remain in the driver’s compartment or immediately adjacent to drivers vehicle at all times. Nothing herein contained shall prohibit a driver from alighting for the purpose of assisting passengers into or out of the vehicle or from complying with the directions of the person engaging the taxicab or limousine regarding the loading or unloading of any baggage, goods, wares or merchandise.

2.         Prohibited Soliciting.

A.        No owner, operator, or driver shall solicit patronage in a loud or annoying tone of voice or by sign or in any manner annoying any person, nor by obstructing the movement of any person or following any person for the purpose of soliciting patronage.

B.         It shall be unlawful for any operator of a taxicab or limousine to solicit a passenger or passengers for hire when said passenger or passengers have engaged another taxicab or limousine and are awaiting the arrival of such vehicle.

3.         Solicitation of Other Common Carrier Passengers.  No owner, operator, or driver shall solicit passengers within the terminal of any other common carrier nor at any immediate points along any established routes of any common carrier. This section is not intended to preclude a response to any call for taxicabs or limousines made by telephone or signal from a pedestrian or from soliciting patronage of a debarking passenger of any common carrier.

4.         Manner of Progress in Line.

A.        When a taxicab conducting business by transporting or soliciting passengers for hire at public buildings leaves the line upon the taxicab stand, those behind it shall immediately move up and a taxicab seeking a place on the taxicab stand shall approach the same only from the rear of the stand and shall stop as near as practicable to the last cab in the line.

B.         All limousines conducting business by transporting or soliciting passengers for hire at public buildings shall stop and stand in the area designated for limousines if there is a marked area.

132.12    REVOCATION FOR VIOLATIONS AND INJUNCTIVE REMEDY.  Any violation of this chapter or of the laws of Iowa may be sufficient grounds for a hearing to consider revoking any license issued to any owner, driver or operator of any taxicab or limousine. In addition to the criminal penalties set out in the ordinance codified in this chapter, the cities within the metropolitan area may also pursue injunctive or other relief to prohibit or regulate a taxicab or limousine not complying with the provisions of this chapter.

132.13    DUTY TO CARRY ORDERLY PASSENGERS.  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 chapter to do so. The driver shall, however, not be obligated to convey any person who is incapable of entering the taxicab unassisted due to intoxication or convey any person with objectionable personal hygiene.

(Chapter 132 – Ord. 01-17 – Aug. 01 Supp.)