§ 4-26. Taxicab licenses

(a) Definition. "Taxicab" means a motor vehicle while being used for the performance of a contract for the transportation of a passenger or passengers for hire to and from points chosen or designated by the passenger or passengers, and operating over any available route between such points, but not at the time being operated over or along a definite, advertised, announced or substantially fixed route from, to or between definite or substantially fixed terminals, locations or districts or according to substantially fixed or announced times or intervals of arrival or departure.

(b) Declaration of necessity. The Common Council declares that it is necessary for the protection of the public health, safety, and property rights of citizens of the City that certain standards be maintained by those who shall desire to engage in the business of operating taxicabs in the City, and further that regulations be provided for the business of operating taxicabs in the City, and that those engaged in the business of operating taxicabs shall be licensed.

(c) License required. No person shall engage in the City in the business of operating taxicabs until such person, receives a taxicab operator's license. All such persons engaged in such business are referred to as "taxicab operators."

(d) Out-of-town taxicabs. No person shall operate any taxicab on or over the streets of the City unless such person shall have a taxicab license issued, provided, however, that taxicabs licensed by other cities may be driven into and out of the City on trips from such other political subdivisions when the driver thereof shall have complied with the laws of such other subdivisions as to licenses and other requirements.

(e) Operation of unlicensed taxicabs prohibited. No licensed taxicab operator shall operate any taxicab which shall not be licensed as required.

(f) Application information; fee. Whenever a person, firm, partnership or corporation shall desire to engage in the City in the business of operating taxicabs, such person, firm, partnership or corporation shall file an application for a taxicab operator's license with the Clerk-Treasurer of the City, on a form to be furnished by the City. Such application form shall contain the following information:

(1) The full name and address of the applicant, and if a partnership, the name and address of each partner, and if a corporation, the names and addresses of the officers and the board of directors thereof, and the name of the general manager of the business.

(2) The address of the principal place of business of such applicant and where such applicant's office or other places of business will be located in the City.

(3) Number of taxicabs the applicant desires to operate, listing the make, description, year, color, state license number, and maximum seating capacity of each vehicle.

(4) Statement of the financial responsibility of the applicant.

(5) Such other information as the Common Council shall from time to time require.

(6) Two (2) photographs, 2" × 2" in size of each taxicab driver.

The Chief of Police, or designee thereof, shall inspect each vehicle prior to the issuance of a license under this Section.

Such applicant, at the time the application is filed, shall pay to the Clerk-Treasurer of the City a license fee of one hundred dollars ($100.00) plus five dollars ($5.00) for each taxicab operated with the City.

In the event the application is denied, such fee will be returned. If the applicant and/or the general manager are found to be persons of good character, or if a partnership, the partners are of good character, and if it is found that there are no unsatisfied judgments against such applicant arising out of the negligent operation of a motor vehicle and further that such proposed place of business of such applicant will not constitute a fire hazard and nuisance, then the Common Council shall authorize the Clerk-Treasurer to issue an operator's license.

Thereupon, the Clerk-Treasurer shall issue such license to the applicant and thereafter such applicant shall have the right to operate taxicabs licensed as required. Every operator licensed under this Section shall post his license bearing his picture in such a place as to be in full view of all passengers while such operator is operating a taxicab.

(g) Insurance required.

(1) Before any taxicab operator's license shall be issued to any taxicab operator, the applicant for such license shall first furnish and deposit with the clerk-treasurer a public liability and property damage insurance policy, or a certificate from a responsible insurance company showing that such taxicab operator has insurance against liability for damages sustained by any person or person other than the employee of the owner and occasioned by the negligent operation of such taxicab. Such insurance policy shall provide coverage in the amount of five hundred thousand dollars ($500,000.00) for the injury or death of any one (1) person as a result of any one (1) accident, and shall provide coverage in the amount of one million dollars ($1,000,000.00) in the aggregate for the injury or death of two (2) or more persons in any one accident, and coverage of fifty thousand dollars ($50,000.00) for property damage. Such insurance policy or policies shall be written by a company authorized to do business in the State of Indiana, and shall contain a hold harmless clause designating the City of Lake Station harmless.

(2) Such insurance policies herein required shall provide that they cannot be cancelled until thirty (30) days' written notice of such cancellation shall have been given to the licensee and to the clerk-treasurer by the surety. If the taxicab operator of any licensed taxicab on which an insurance policy has been issued and of which cancellation is sought to be made by the company or companies issuing same, shall fail to procure and file with the clerk-treasurer another policy of insurance before cancellation of the one then in effect, then the license issued for such taxicab automatically becomes void and of no effect.

(3) When the clerk-treasurer shall be satisfied that the applicant has complied with this Section and that each taxicab for which a license is sought meets the requirements, then the clerk-treasurer shall collect from such applicant the fee prescribed.

(h) Expiration of license; renewal. All licenses issued under this section shall expire on December 31 of each year. New licenses must be issued each year for each taxicab to be operated. Persons, firms, partnerships or corporations holding taxicab operator's licenses at the end of any fiscal year may obtain renewals thereof for the next calendar year by paying an annual license fee of one hundred dollars ($100.00), plus five dollars ($5.00) for each vehicle, unless their licenses shall have been revoked by the mayor as set forth in section 4-3 of this Code.

(i) Registry of licensees. The clerk-treasurer shall keep a register showing the names and addresses of each person owning or operating a taxicab, licensed, together with the current license number and description and make of such taxicab, the seating capacity and the date on which the license was issued, the record of the insurance policy or policies including the date of issuance and expiration of such policy, the amount thereof and the name and address of the agent and of the company issuing same.

(j) Passengers riding outside of taxicab prohibited. No owner, operator or driver of any licensed taxicab shall permit more than one (1) person in the front seat with the drive of such taxicab and no passenger shall be permitted to ride in any place on the outside of such taxicab.

(k) Operation limited to licensee. The operation of taxicabs in the city shall be limited to the person, firm, partnership or corporation holding a license to operate the same or the duly licensed driver of such licensee, who at all times shall be under the control and subject to the direction of such licensee. No taxicab licensed hereunder shall be leased or rented out by the owner thereof to any other person, firm or corporation to operate the same for the purpose of transporting passengers for hire.

(l) Name on door required. Every taxicab licensed under the provisions of this section shall have the name of the taxicab's, firm, partnership, or corporation plainly printed in letters at least two (2) inches in height on each side of the taxicab, in the center of a door panel of such taxicab.

(m) Penalty. Any person, firm, partnership or corporation which is convicted of violating any of the provisions of this section or fails to comply therewith, shall, be fined not more than three hundred dollars ($300.00). Each day of continued violation shall constitute a separate offense.

(Ord. No. 49-295, 4-21-49, Code § 731.01)

(Ord. No. 49-295, 4-21-49; Code § 731.07)

(Ord. No. 49-295, 4-21-49; Code § 731.99)