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HomeMy WebLinkAboutBy-law 3351 THE CORPORATION OF THE TOWNSHIP OF PICKERING BY-LAW NUMEER A By-law of the Corporation of the Township of Picketing for the licensing, regulating and governing of owners and drivers of taxi- cabs and other motor vehicles for hire and establishing the rates or fares to be charged by the owners or drivers of cabs and livery cabs for the conveyance of passengers within the Township of Picketing. WHEREAS The Corporation of the Township of Pickering has pursuant to the Municipal Act, R.S.O. 1960, Chapter 249, Section 395, authority to enact this By-law. NOW THEREFORE the Corporation of the Township of Pickering hereby enacts as follows: 1. For the purpose of this By-law: (a) ~'AMBULANCE~' means a motor vehicle used for hire for the conveyance of sick or injured persons from place to place. (b) "BY-LAW ENFORCEMENT OFFICER" means the By-law Enforce- ment Officer of the Township of Pickering appointed by the Council of the Township of Picketing. (c) "CHIEF OF POLICE" means the Chief of Police for the Township of Picketing. (d) "CAB" means any vehicle regularly used for hire for the conveyance of persons within the Municipality and shall include Ambulances, Drive-Self Cabs, Hearses, and Livery Cabs. (el "DRIVE-SELF CAB" means any vehicle rented by the owner thereof and used exclusively by the hirer for his own personal or professional use and who does not sub-rent or sub-let such vehicle out to any other person. (f "DRIVER" means a person other than a fleet o~ner or independent cab owner who operates a vehicle as a cab for hire. (g "FLEET OWNER" means any person who holds a licence from this Township to use or operate more than one cab from his taxi stand or sub-stand. (h "FUNERAL HEARSE" means a motor vehicle used for hire for the conveyance of deceased persons. (i "INDEPENDENT CAB O~NER" means an owner of a cab who holds a licence from this Township to use or operate one cab only from, or through, the stand of a licensed fleet owner. (j) "LIVERY CAB,~ means a motor vehicle used for hire for the conveyance of persons and designated by the Chief of Police as a Livery Cab. (k) "TAXI STAND~' or "SUB-STAND" means eitker a building or part of a building, such as an office, agency or other commercial establishment, or business telephone location, situated within the limits of this Township, but excludes a residential dwelling unit. - 2 (1) ~'TAXI CAB LICENCE~ means a licence issued by the By-law Enforcement Officer of the Township of Picketing under the provisions of this By-law with the approval of the Council of Picketing. 2. (a) All licences required by this By-l%w shall be issued by the By-law Enforcement Officer upon the direction of Council. (b) The Chief of Police shall have supervision over all persons licensed under the provisions of this By-law and over all cabs, drive-self cabs, hearses, and livery cabs, together with the equipment used by them, and the following shall be the duties and powers of the Chief of Police in connection with the provisions of this By-law: (1) To report to the Council on the performance of his duties under this By-law whenever he shall be required by Council to do so. (2) To make all necessary inquiries concerning applications for licences as may be requisite to secure a due observance of the law and of this By-law. (3) To suspend, pending investigation, the licence held by anyone under this By-law who has been charged and/or convicted of an offence under the Criminal Code of Canada or the Liquor Control Act of Ontario, or has failed to comply with the regulations under this By-law. (4) To submit for Council approval, applications for licences, or recommendation for revoking, cancella- tion of any licence, or the suspension of any licence by him, together with his report thereon. (5) To keep a register of all licences granted by Council under this By-law, which shall contain name or names of applications, dates of issue, and such other pertinent information and such other books as Council may order. (6) To furnish to each person taking out a licenee, one copy of this By-law and to each owner a tariff card, setting forth the rates and fares specified in Schedule 1 hereto, and to each driver and the owner if he drives his own car, a badge, both said badge and card to have the number of the licence shown thereon. (7) To ascertain by inspection and enquiry, from time to time, and as often as may be required by the said Council, whether the persons receiving the licences continue to comply with the provisions of the law and of this By-law. 3. Any act of duty to be performed by the Chief of Police under this By-law may be performed by any officer or constable authorized by the Chief of Police to perform such act, or duty. 4. No person shall use as a cab any vehicle which has not been licensed under this By-law. 5. (a) No person, being the owner of a motor vehicle, shall use, or allow the use of the motor vehicle as a cab without having first applied for and obtained a licence from the Township of Picketing. (b) The By-law Enforcement Officer shall not, in any year, issue more Taxi Cab Licences than those permitted in Schedule Three (3), of this By-law. -3- (c) Taxi Cab Licences issued under the provisions of t~is By-law shall be in accordance with Schedule Two (2) of this By-law. (d) No person licensed under this By-law shall enjoy a vested right in the continuance of a licence and upon the issue, renewal, transfer, cancellation or suspension thereof, the value of a licence shall be the property of the Township of Picketing. CAB OWNER'S LICENCES: 6. (a) Every applicant for an owner's licence under this By-law shall submit an application to the Chief of Police who shall forward it to Council together with his recommendations. (b) Every applicant for an owner's licence under this By-law shall submit along with his completed application, three recent passport-type photographs and two character references, which shall become the property of the municipality. 7. A Fleet Owner shall take out a separate cab licence for each cab to be operated. 8. Every owner shall apply for and obtain a cab driver's licence before driving a vehicle as a cab. 9. The owner of a vehicle, when making application for a cab owner's licence under this By-law, shall submit the motor vehicle registration certificate issued by the Department of Highways, and a copy of his insurance policy in the principal sum of not less than $1OO,OOO.OO Property Damage and not less than $250,000.00 Public Liability. Such Policy shall contain a list of the vehicles, and renewal receipts shall be filed with the Chief of Police each year during the time in which the licence is in force. 10. The owner of a vehicle who, while not applying for a Fleet Owner's Licence may apply for an Independent Cab Owner's Licence. 11. Every licensed cab owner shall keep the name of the driver and motor vehicle registration number of every cab operating from his stand and a record of the date, time, origin and destination of each trip; such records shall be retained for six months and he shall give full information to any police officer or constable of the Township of Pickering upon being required to do so, together with such other pertinent informa- tion as may be available. 12. (a) No licensed owner shall allow any person, other than a driver licensed for the current year under this By-law, to operate his cab ~or hire. (b) No owner licensed under this By-law shall require any driver, or other person employed by him, to work more than twelve hours within any fifteen consecutive hours. In no case shall a driver, or other person, be employed more than fifteen hours in any twenty-four consecutive hours, or required to work more than six days a week. (c) No owner licensed under this By-law, shall drive a cab more than fifteen hours within any consequtive twenty- four hours. -4- ~ pRIVER,S ~ICEMCES: 13. Every driver of a cab shall, before acting as a driver of any such vehicle, apply to the Chief of Police for a licence permitting him to drive such cab. Every applicant for a cab driver's licence shall submit with his application three recent passport-type photographs of himself, at least two local character references, which shall become the property of this Municipality. The Chief of Police shall forward the application to Council together with any of his recommendations. 14. Every licensed driver shall carry with him his Cab Driver's Licence and badge, and the same shall be subject to inspection at all times by any police constable or officer. 15. (a) No licensed owner or driver shall take, consume, or have in his possession any liquor while he is in charge of his cab, nor shall the use of liquor by him be apparent while he is in charge of such cab. (b) The Chief of Police may require any owner or driver to be medically examined by the Medical Officer of Health for the County of Ontario and the Medical Officer of Health may make a report of such examination to the Chief of Police. (c) No owner or driver of a cab carrying passengers shall smoke any cigar, cigarette, tobacco or other substance while driving the cab. (d) No owner or driver shall wash, clean or make repairs to his cab while upon any public cab stand unless such repairs are immediately required, for the safe operation of the cab. 16. Every owner and driver licensed under this By-law shall be of the full age of twenty-one (21) years. 17. Every person licensed under this By-law shall, upon changing his address, notify the Chief of Police thereof, within two days and give~s new address. PERTAINING TO VEHICLES: 18. (a) Every motor vehicle licensed under this By-law shall be kept in good repair and the interior and exterior kept clean. (b) Upan demand of any Police Constable or Officer, appointed for enforcing this By-law, the owner shall produce said vehicle for inspection. Vehicles shall be subject to inspection at any time without notice. (c) Upon notice in writing of any defects or faults found as the result of such inspections, the owner shall forthwith remove the vehicle from the road until such defects or faults have been rectified, and, on completion of same, shall again produce the vehicle for police inspection before returning it to the road. (d) Every cab shall be equipped with a spare tire. (e) The number plate, issued under this By-law, shall be displayed on the top right corner of the rear marker plate. (f) A vehicle licensed under this By-law shall not be operated at a speed greater than that laid down by the Highway Traffic Act, and shall not be operated in such a manner as to be dangerous to the public. (g) No person licensed under this By-law shall carry in any cab a greater number of occupants, or persons, than the manufacturer's rating of seat capacity of such cab, inclusive of the driver. (h) In case of violation of the provisions of this By-law, the licence of such vehicle, and the licence of the driver, may be suspended by the Chief of Police, and also may, at the discretion of Council, be revoked. 19. ~en any licensed owner disposes of a cab and acquires another cab, before the licence for the former may be trans- ferred to the latter, the latter cab must be submitted to the Chief of Police for approval. ~TER~ AND SIGN~: 20. Every cab licensed under this By-law, excepting ambulances, hearses, and drive-self cabs, shall have affixed a taximeter for registering distances travelled and computing fares to be paid, and for all cabs so equipped the following provisions shall apply: Every taximeter shall be: (a) Submitted, when required, for testing, inspection and sealing by the Chief of Police. (b) Illuminated between dusk and dawn. (c) Attached to the cab in a location and manner approved by the Chief of Police. (d) Adjusted in accordance with the Tariff prescribed by Schedule One of this By-law. (e) Tested by running the cab in which it is installed, over a measured distance before it is sealed. (f) Numbered and not used until approved by the Chief of Police. (g) Used not longer than six months without re-testing. (h) Kept in good working condition at all times, and not used when defective in any way. (i) Equipped with a luminous yellow or illuminated metal plate or flag attached to the top thereof and approved by the Chief of Police or person designated thereby, which plate or flag shall be in a lowered position when the taximeter is in operation and in a raised position clearly visible from any direction outside the cab when such meter is not in operation, and shall be connected to the electric sign, referred to in Section 21 hereof in such manner that the sign is lighted when the plate or flag is raised and extinguished when the same is lowered. The owner or driver of a cab equipped with a taximeter shall not operate such cab when the taximeter has been changed, repaired, altered, tampered with, or adjusted, unless and until the taximeter has been subsequently tested and sealed by the Chief of Police. 21. Every owner licensed under this By-law shall, while his cab is operated as a taxicab, have installed on the top of such cab an electric sign, in good working order; such sign shall be subject to the approval of the Chief of Police and shall not be of a flashing type, or in either the colours red or blue. Ambulances, hearses or drive-self vehicles, shall not be equipped with roof name signs. -6- FARES: 22. Every licensed driver shall drive the cab operated by him by the most direct travelled route to the point of destination, unless otherwise directed by the passenger. 23. No person employing any cab shall refuse, upon demand, to pay the fare or charge authorized by this By-law. 24. No owner or driver licensed under this By-law shall be entitled to recover, or receive any fare or charge, from any person or persons from whom he shall have demanded any fare, or charge, greater or less than that authorized by this By-law, or to whom he had refused to show his card of tariff, as provided by this By-law. 25. No licensed person shall make any charge under this By-law for time lost through defects, or inefficiency, of the cab, or the incompetency of the driver thereof, or for time con- sumed by the arrival of the cab in response to a call in advance of the time such cab has been requested by the person calling same. 26. Drivers of licensed cabs must drive any passenger, or passengers, upon request, at the designated fares as provided in this By-law, provided however, that he shall not be com- pelled to accept any order from a person who owes him from a previous fare, or service, unless and until the same be paid. 27. The fares to be charged to the public for the use of cabs, shall be those set out in a Schedule of Fares, hereto attached and forming part of this By-law, and a copy of the tariff shall be displayed in a conspicuous place in each licensed vehicle. 28. (a) Every licensed person operating a cab or other vehicle shall operate on an hourly basis at the request of a passenger and at the hourly rate as set out in the Schedule of Fares hereto attached. (b) No cab operator may solicit fares within three hundred (300) feet of a competitor~ licensed taxi stand. (c) Should a taxi operator have customers who use his cab regularly, not less than five (5) times a week, the Chie~ of Police may issue a card to the operator, stating that a discount of twenty-five per cent (25%) may be allowned on all taxi trips, to such approved customers. 29. EVERY LICENCE ISSUED UNDER THIS BY-LAW SHALL EXPIRE THE THIRTY-FIRST DAY OF DECF2~BER OF THE YEAR FOR WHICH IT IS ISSUED: BUT THE LICENCES FOR THE FOLLOWING YEAR MAY BE ISSUED AT ANY TIME DURING THE MONTH OF DECEMBER. FEES: 30. The annual fees payable under this By-law shall be as follows: Fees shall be paid to the Picketing Township Police on application for a licence, and the money so accepted by the Police turned over to the Treasurer of the Township of Plckering. FOR EACH CAB (other than ambulances or funeral hearses)..$10.O0 FOR EACH AMBULANCE OR FUNERAL HEARSE ..................... 915.00 FOR EACH FLEET O~NER'S STAND OR SUB-STAND ................ ~15~00 FOR EACH CAB DRIVER'S LICENCE ............................ $ 2.50 31. Violation of By-law: Any person found guilty of a braach of this By-law, upon con- viction thereof~ shall be subject to a fine not exceeding $300.00 (three hundred dollars) exclusive of costs, recoverable -7- under the ONTARIO S~ARY CONVICTION ACT, and in default of payment of such fines and costs, shall be liable, to imprisonment in the Common Gaol of the County of Ontario, for a period of not exceeding 21 (twenty-one) days. 32. Any person (including persons holding licences prior to the passing of this By-law} found by Council not to be observing the provisions of this By-law, may have their licence revoked or cancelled. 33. By-law NO.2121 and By-law No. 3151 are hereby repealed. By-law read a first time this .~'~ day of ~f~/~/ 1967. By-law read a second time this ,)'~ day of [~¥~/ 1967. "S C HED UL E ON El~ TARIFF "A~' PART ONE: By Distance. One to Four Passengers: For the first one-third mile or part thereof .................. .$ .50 For each additional one-third mile or part thereof ............. il l0 For waiting time while under engagement, for each two minutes° .lO For each additional passenger in excess of four ................ 20 Baggage (other than shopping or grocery bags): For each trunk (32 inches by 18 inches by 9 inches or 3 cu.ft..$ .50 Hand Baggage if not carried by passenger inside vehicle - per parcel..$ .lO Brief cases and parcels of comparable size shall not be considered as hand baggage. Bags and cartons contsi~ing groceries (if loaded and unloaded by driver) per bag ....... $ .10 Up to a maximum of 30 cents. Children: Children in charge of an adult, under age 8 years and not counted as passenger for load purposes .......................... FREE Eight years and over but under twelve years ................ HALF FARE Twelve years of age and over ............................... FULL FARE Wheelchairs will be carried free. ~ART T~O: By the hour. For the first hour or any part thereof ......................... $4.00 For each additional fifteen (15) minutes ...... ~l.OO For each passenger in excess of four - per ~;3~]~[~]~..][~.~ .75 Baggage (other than shopping or grocery bags): For each trunk (32 inches by 18 inches by 9 inches or 3 cu.ft..$ .50 Hand baggage if not carried by passenger inside vehicle - per parcel..$ .10 Brief cases and parcels of comparable size shall not be considered as hand baggage. Bags and cartons containing groceries (if loaded and unloaded by driver) per bag ...... $ .10 Up to a maximum of 30 cents. Children: Children in charge of an adult, under 8 years and not counted as passenger for load purposes ......................... FREE Eight years and over but under twelve years ................ HALF FARE Twelve years of age and over ............................... FULL FARE Wheelchairs will be carried free. TARIFF "B" Rates for livery cabs, except vehicles serving weddings or funerals: For each 15 minutes or part thereof ............................ $1.O0 Minimum charge per trip ........................................ $2.00 BY-LAW NU~BER ~v '~ S C H E D U L E T ~ 0;~ Taxi Cab Licences issued under the provisions of this By-law shall be in accordance with the following schedule annually, and shall be non-transferable. Seven (7) Licences to: Temple Taxi Thomas E. Austin Dunbarton P.O., Ontario. Five (5) Licences to: Don's Taxi ~. D. Mowry 131 Exeter Road, Ajax, Ontario. Three (3) Licences to: Atlantic Taxi Atlantic Taxi Company Ltd., 6100 Kingston Road, West Hill, Ontario. Two (2) Licences to: Ajax Taxi Harold Bentley 8 Oak Street, Ajax, Ontario. Two (2) Licences to: Abe's Taxi August Abraham 931 Liverpool Road, Bay Ridges, Ontario. i' S C H E D U L E T H R E E~ THE BY-LAW ENFORCEMENT OFFICER OF THE TO~'~SHIP OF PICKERING SHALL NOT, IN ANY YEAR, ISSUE MORE THAN ~NETEEN {19) TAXI CAB LICENSES.