Loading...
HomeMy WebLinkAboutBy-law 56/74 Till; CORPORATION OF i'ilE TOVN OF PICKERING A by-law of tho Corporation of the Tocm of Pickering for the licensi;:g, reyjalating and governing of taxicab and limousine drivers, o,%,ners and brokers, motor and ocher vehicles used for hire, and for establishing the rates and fares to be charged by the owners or drivers of such vehicles for the conveyance of goods or passengers, either wholly within the municipality or to any point not more than three miles beyond its limits, and providing for collection of such rates or fares and for revoking any such licences. WHEREAS it is considered desirable to regulate taxicab and limousine owners and drivers and taxicab brokers and to limit the number of taxicab owners' licences to be issued and to revoke any such licence within the Town of Pickering; AND WHEREAS under the provisions of The Municipal Act, R.S.O. 1970, c.284, s.377, as amended, the Council of the Corporation of the Town of Pickering has the authority to exercise such powers; NOW THEREFORE the Council of the Corporation of the Town of Pickering HEREBY ENACTS AS FOLLOWS: DEFINITIONS 1. In this By-law: (a) "Broker" shall mean a person including the owner of a vehicle who accepts bookings for any taxicab or limousine; but this definition shall not be construed to constitute any person a broker requiring a licence for accepting fares while operating a vehicle; (b) "By-Law Enforcement Officer" shall mean the By-Law Enforcement Officer or Assistant By-Law Enforcement officer appointed by the Council of the Town of Pickering. (c) "Chief of Police" shall mean the Chief of Police of the Regional Municipality of Durham; (d) "Council" shall mean the Council of the Corporation of the Town of Pickering; (e) "Driver" shall mean a taxicab driver, and/or limousine driver, licensed as such or required to be licensed as such under the provisions of this By-Law, and includes an owner who drives his own taxicab or limousine; (f) "Licence" shall mean a licence issued by the By-Law Enforcement Officer under the provisions of this BI y-Law with the approval of the Council of the ToTdn of Pickering. 2 (g) "Limousine" shall mean a motor vehicle which does not bear any identification other than the Provincial motor vehicle licence, which does not have a taximeter and which is kept or used for hire for the convey.,nc - ?)F ^rn--- an hourly basis but shall not include taxicab in respect for whicn a licence has been issued under the provisions of this By-law to the owner, a bus, an ambulance or a hearse; (h) "Manifest" shall mean a daily record prepared by a taxicab driver of all trips made by said driver showing time and place of origin, destination, number of passengers, and the amount of the fare for each trip; (i) "Open Stand" shall mean a public place alongside the curb of a street or elsewhere in the Town of Pickering which has been designated by the Council as reserved exclusively for the use of taxicabs; (j) "Passenger" shall mean any person in a taxicab or limousine other than the driver; (k) "Person" as used in this By-law shall be construed where the context requires to mean and include individual, firm, society, association, partner- ship and corporation; singular shall include plural, masculine and feminine; (1) "Resident" shall mean a person who has been continually during the twelve month period immediately preceeding his application for a licence as outlined in Section By-law and is at the time of his application, a resident of the Town of Pickering; (m) "Tariff Card" shall mean a card issued by the By-Law Enforcement officer for display in each taxicab which contains the rates of fare then in force. (n) "Taxi Stand" shall mean either a building or part of a building, such as an office, agency or other commercial establishment, situated within the limits of the Town, but excludes a residential dwelling unit; (o) "Taxicab" shall mean a motor vehicle kept or used for hire for conveyance of passengers, which vehicle has seating for not more than seven persons, but shall not include a limousine in respect of which a licence has been issued to the owner thereof under the provisions of this By-law, a bus, an ambulance, or a hearse; (p) "Taximeter" shall mean a meter instrument or device attached to a taxicab which measures mechanically the distance driven and the waiting time upon which fare is based; (q) "Town" shall mean the Town of Pickering. IES OF BY-LAW ENFORCEMENT OFFICER 2. (a) All licences required by this by-law shall be issued by the By-law Enforcement Officer upon the direction of Council. (b) The By-Law Enforcement Officer. shall have super- vision over all persons licensed under the pro- visions of thi_; by-law and all vehicles, togec.her - 3 - with the equipment used by them, and together with the Chief of Police shall be charged with the enforcement of this Fy-law, and the followi.nq h.• t t h H,o ; Lut, Enforcermont officer in connection with the prop i.s.ior.e of this By-la.:: (1) To report to the Council on the performance o:F his dutias under this by-law whenever he shall be required by Council to do so. (2) To make all necessary inquiries concerning applications for licenses as may be requisite to secure a due observance of the law and of this by-law. (3) Notwithstanding any other section of this By-law, Council on the recommendation of the By-Law Enforcement Officer may suspend pending further investigation the licence held by anyone under this by-law who has been 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, cancellation of any licence or the suspension of any licence by him, together with his report thereon. (5) Examine every vehicle and the necessary equipment thereof for which a taxicab owner's licence or a limousine owner's licence is applied for, and re-examine every vehicle from time to time while licence is in effect, and report same to Council. (6) To keep a register of all licences granted by Council under this by-law, which shall contain name or names of applicants, date of issue and other such pertinent information and such other books as Council may order. (7) To furnish each person taking out a license, one copy of this by-law and to each owner a tariff card, setting forth the rates and fares specified in Schedule One (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. (8) 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. (9) Prosecute all persons who shall offend against any of the provisions of this By-law. - 4' - DUTIES OF' CHIEF OF POLICE 3. The Chief of Police shall togelher with the 1;y-Law Enfor-cernent Officer be charged Z: Lli t::e enfo.-c t,:e:it of this By-law, and in connection therewith shall do or cause to be done the follo%jing: (a) Prosecute all persons who shall offend -against any of the provisions of this By-lLw; (b) Make all necessary inquiries and examine all applicants for licences as to their eligibility, physical condition, education, employment record, personal history, ability to operate a taxicab or limousine to be used for hire, their knowledge of the provisions of this By-law, the geography of the Town and Provincial and Municipal traffic regulations, and report the same to Council. Any of the duties of the Chief of Police may be performed by members of his staff, or persons under his command and supervision as he may require from time to time. LICENCES 4. (i) . Within the Town of Pickering no person shall: (a) Drive a taxicab or limousine without having a current valid licence so to do, issued under the provisions of this By-law and herein referred to as a driver's licence; (b) Keep a taxicab for hire without having a current - valid licence so to do for each vehicle kept, issued under the provisions of this By-law and referred to herein as a taxicab owner's licence; (c) Keep a limousine for hire without having a current valid licence so to do, issued under the pro- visions of this By-law, and referred to herein as a limousine owner's licence; (d) Act as a broker for any taxicab or limousine vphether owned by himself or not, without having a current licence so to do issued under the provisions of this By-law, and herein referred to as a broker's licence; (ii) The term of, and the fee for a licence under the provisions of this By=law shall be as set out in Schedule Two (2) attached to and forming part of this By-law. APPLICATIONS FOR LICENCES 5. Applications for licences under this By-law shall be submitted to the By-Law Enforcement officer who in turn shall cause them to be delivered to the Chief of Police for approval pursuant to the provisions of this By-law. Said applications shall be upon such form or forms as may be prescribed by the Town, together with such other evidence or material as required by this By-law. Applications for a taxicab owner's licence, a limousine owner's licence and a broker's licence shall I J - be for%,.arded to Council by the By-Law Enforcement Office-- together with his recommendations. Applications for a driver's licence may be forwarded to Council by the By-Law Enforcement Officer together wit.h anv of hi,_ rccommcndationc. 6. Lavery applicant for a licence under this By-law shall submi t along -v;ith iris completed application, three recent pasFport-typa photc^raph an', two character references, which shall become the property of the Town. 7. Applications shall be made for renewals for any licences issued under the provisions of this By-law on the same basis as the application made in the first instance provided however that the By-Law Enforcement Officer may issue such renewals without referring the application to Council. PROOF OF FINANCIAL RESPONSIBILITY 8. No person shall be granted or hold a taxicab owner's licence or a limousine owner's licence unless the applicant establishes and maintains in effect proof of financial responsibility covering each vehicle in respect of which a licence is applied for, or held by such applicant. Proof of financial responsibility shall be made by depositing with the By-Law Enforcement Officer a certified copy of a current valid policy of insurance, issued by a company authorized to do business in Ontario, or by depositing with the By-Law Enforcement Officer a certificate issued by such company. The certificate shall set forth in detail the coverage effected by a current valid policy of insurance, the name and address of the person insured, the policy number, the effective date, the expiry date, the limits of liability and the details of the motor vehicle covered. The policy of insurance shall carry an endorsement, particulars of which shall be set forth in the certificate if a certificate is filed in lieu of a certified copy of the policy, to the effect that the insured has filed with the company an irrevocable waiver of the right to cancel the policy of insurance without fifteen days' prior notice in writing delivered to the Company and that the Company undertakes before .cancellation of the policy of insurance, either by the Company or the insured, to deliver to the By-Law Enforcement Officer fifteen days' prior notice in writing of cancellation; provided if the owner to whom any such licence is issued shall deliver the same up for cancellation to the By-Law Enforcement Officer, the By-Law Enforcement Officer shall issue a waiver, addressed to the insurer and the insured, of the fifteen days' notice on cancellation of insurance in respect of the vehicle thereby licenced, and thereupon such licence shall be of no further force or effect. Such insurance shall apply to the vehicle in respect of which the licence is applied for or held by the applicant, and shall indemnify and protect the owner and the public, including passengers carried in such vehicle and shall be in an amount no less than the amount of $250,000.00 (exclusive of interest and costs) against loss or damage resulting from bodily injury to or death of one or more persons, and loss of or damage to property, or such other equivalent insurance with such limits as may be approved by the Council. - 6, - REVOCATION OR SUSPENSION OF LICINfCBS 9. Licences; may be refused or revoked by the Council in its discretinn, and i.t. shall nn t- b- Noun -I to Hive anv rea:,on for refusing or revoking any :J.Lcenc:e. Notice of. the revocaCion of any licence may bo given by the Council by registered letter mailed to the address given by the licencee in his application for the licence, or by communication to the licencee in eny manner whateD3%ar, and upon such notice being so given, the licence shall be revoked and be of no further. effect. 10. Whenever any complaint is made against the holder of a licence for a breach of any of the provisions of this By-law, then, unless the Council otherwise directs, the licence in question may forthwith be suspended and remain suspended, and shall be of no force or effect until restored by the Council. QUALIFICATIONS 11. No person shall be licenced under the provisions of this By-law: (a) As a taxicab owner or limousine owner who is not a resident of the Town, or in the event that the taxicab or limousine is owned by a Corporation, then such licence shall be issued to the owner only if the beneficial owner or owners of more than 50% of all the issued capital of the Corpora- tion are residents of the Town and the Corporation has its head office and/or chief place of business within the limits of the Town. (b) As a broker who is not a resident of the Town and does not carry on his business from a location within the limits of the Town, and in the event that the broker is a Corporation, then such licence shall only be issued if the beneficial owner or owners of more than 50% of all the issued capital of the Corporation are residents of the Town and the Corporation has its head office and/or chief place of business within the limits of the Town. (c) Who has been convicted of any criminal offence or any breach of the Liquor Control Act until the Council has had placed before it all facts pertaining thereto and thereafter authorized the issuance of a licence; (d) Who is under the age of eighteen years; (e) Who is unable to speak, read_ and write the English language; (f) Who applies to be licenced as an owner unless the vehicle in respect of which the licence is to be issued is registered and licenced for the then current year under the provisions of The Highway Traffic Act of Ontario; (g) Who applies to be licenced as a driver unless he is possessed of a chauffeur's licence for the then current year issued under the provisions of The Highway Traffic Act of Ontario. t SEPARATE LICENCE - 7 FOR EACH 'VEtIICLE 12. Every owner of more than one vehicle required to be licenced under the provisions of this By-law shall liol.d a scpar«Lc 11 U ion cacii vthic.?e and no licence shall be transferable. ADDRESS OF LICENCES 13. Every person licenced under the provisions of this By-Law shall, upon changing his address, notify the By-Law Enforcement Officer in writing as to his new address, within six days of such change. NUMBER OF LICENCES AND FEES PAYABLE 14. The By-Law Enforcement Officer shall not, in any year, issue more taxicab and/or limousine licences than those permitted in Schedule TWO (2) of this By-law. The fees payable for licences issued under this By-law shall be on an annual basis and shall be payable to the Town Treasurer on application for a licence. The said fees shall be as set out in Schedule TWO (2) of this By-law. TARIFF AND TARIFF CARDS 15. The rates of fares to be charged by the owners or drivers of taxicabs and limousines for the conveyance of passengers wholly within the Town of Pickering or to any point not more than three miles beyond its limits, shall be exactly as shown in Schedule ONE (1) attached to and forming part of this By-law, and no higher or lower amount than that contained in the said Schedule shall be charged or payable, whether such rates and charges are determined by distance or by time; provided an owner and a customer may enter into a contract,-in writing, for services to extend for the period of a 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 By-Law Enforcement Officer. No owner or driver .shall publish or use a Tariff other than that authorized by the Council or filed with the By-Law Enforcement Officer. An owner or driver licenced hereunder may operate a taxicab on an hourly basis at the request of a passenger, and then only at the rate therefor fixed by Schedule ONE (1) of this By-law. 16. No owner or driver of a taxicab or limousine shall be entitled to recover or receive any fare or charge from any person unless the Tariff card is prominently displayed in the vehicle at all times as provided in this By-law. 17. At the conclusion of a trip the driver of a taxicab shall call the passenger's attention to the amount of the fare registered on the meter and place the flag of the meter in a non-recording position. 18. When a dispute arises with a passenger as to the fare, the driver or owner in charge of the taxicab may refer the same to the Officer in Charge, Durham Regional Police Force, 962 Kingston Road, Pickering, and if the driver or owner was correct in the demand for fare made by him, he may add thereto an amount equal to the proper charge under Schedule ONE (1) for tilc distance travelled from the place where the dispute arose to the police station. - 8 - 19. Tariff cards or badges defaced, lost or destroyed, may be replaced by the By-Law Enforcement officer upon the original tariff card or bridge being satisfactorily payment of $1.00. 20. Any pe son hiring a t_,zic:al_? or, 1 i_mou°;ine ;say r; quire th driver thereof Lo f:rnis;h him with a receipt for the fare or charge made and paid, indicating thereon the place of picking up and pla<'e of discharging of any person and the mileage travelled and the driver shall promptly furnish such receipt upon request. The number of the owner's licence issued under the provisions of this By-law, and the Provincial motor vehicle licence number of the taxicab or limousine shall be indicated thereon. PERTAINING TO VEHICLES 21. (a) Every motor vehicle licenced under this By-law shall be kept in good repair and the interior and exterior kept clean. (b) Prior to the issuance of a taxicab owner's licence or a limousine owner's licence the owner shall attend at a Safety Lane operated by the Ministry of Transportation and Communications and obtain a Certificate for the vehicle for which application is made. Said vehicle shall also be tested and a Certificate obtained for same six months after issuance of the licence and so on, every six months thereafter. (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 inspection before returning it to the road. (d) Every vehicle shall be equipped with a spare wheel and tire properly inflated and ready for use. (e) The taxicab number plate issued under this By-law shall at all times, be securely and prominently affixed to the right rear portion and on the outside of the vehicle in respect of which the same was issued. Each vehicle so licensed shall be operated as a taxicab at all times. Failure to comply with the terms set out in this section hereof, shall at the discretion of the Council of the Town of Pickering, be sufficient cause for revocation of or refusal to renew such licence. (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 owner or driver shall drive a vehicle with luggage or other material piled or placed in a manner that obstructs his view. (h) No person licenced under this By-law shall carry in any vehicle a greater number of occupants, or persons, than the manufacturer's ratinn_ of seat capacity of such vehicle, inclusive of the driver. (i) The age of any motor vehicle to be licenced as cab under the provision; o E this By-law shall 1)1-, no more t1: an four years from th1 year of manuiacture of such vehicle. (j) Every owner and driver employed by him shall take due care of all property delivered or entrusted to him for conveyance or safekeeping. Every driver immediately upon the termination of any hiring or engagement, shall carefully search his vehicle for any property lost or left therein, and all property or money left in his vehicle shall be forthwith delivered over to the person owning the same, or if the owner cannot at once be found, then to the nearest police station, with all information in his possession regarding the same. (k) No driver or owner shall knowingly drive or permit to be driven about the streets in his vehicle any person for the purpose of soliciting from the vehicle for acts of prostitution. (1) The owner or driver of a vehicle shall while such vehicle is being used for the transportation of children to or_from school observe and comply with the following regulations: (1) Not more than six children shall be at any one time carried in a standard five passenger vehicle and not more than eight children shall be carried at any one time in a standard seven passenger vehicle. (2) No child shall be permitted to stand while the vehicle is in motion; (3) , The vehicle shall carry on the front and on `the rear thereof signs of not less than eleven inches by fourteen inches in size clearly and visibly displaying the words "School Vehicle" in black letters on a yellow background; (4) The signs referred to in clause (3) shall be carried only when the vehicle is actually engaged in transporting children to or from school and shall be removed when the vehicle is engaged in any other business. (m) The following types of vehicles shall not be used as taxicabs or limousines: Convertible automobiles, converted trucks, two-door coach automobiles, and automobiles which the By-Law Enforcement Officer deems to be insufficient size to be operated as taxicabs or limousines. (n) In case of violations of the provisions of this By-law, the licence of such vehicle, and the licence of the driver, may be suspended by the By-Law Enforcement Officer, and also, may at the discretion of Council, be revoked. - 10 - 22. When any licensed owner disposes of a taxicab or limousine and acquires another taxicab or limousine, before the licence for the former may be transferred to the latter, the latte.- must be submitted to the By-Law Enforcement Officer for approval. METERS AND SIGNS: 23. Every taxicab licensed under this by-law shall have affixed a taximeter for registering distances travelled and computing fares to be paid, and for all taxicabs so equipped the following provisions shall apply: Every taximeter shall be: (a) Submitted, when required, for testing, inspection and sealing by the By-Law Enforcement Officer. (b) Illuminated between dusk and dawn. (c) Attached to the taxicab in a location and manner approved by the By-Law Enforcement officer. (d) Adjusted in accordance with the Tariff prescribed by Schedule One of this By-law. (e) Tested by running the taxicab in which it is installed, over a measured distance before it is sealed. (f) Numbered and not used until approved by the By-I,aw Enforcement Officer. (g) Used not longer than six months without retesting. (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 By-Law Enforcement Officer, 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 taxicab when such meter is not in operation, and shall be connected to the electric sign referred to in Section 24 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 taxicab equipped with a taxi- meter shall not operate such taxicab 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 By-Law Enforcement Officer. 24. Every taxicab owner licenced under this by-law shall, while his taxicab is operated as a taxicab, have installed on the top of such taxicab an electric sign, in good working order; such sign shall be subject to the approval of the By-Law Enforcement officer and shall not be a flashing type, or in either the colours red or blue. Ambulance, hearses, or self-drive vehicles, shall not be equipped with roof name signs. - 11 FY,,RES 25. (a) Every licenced driver shall drive the taxicab operated by him by the most direct travelled rout(: to the point: Cat cl Q.;tinit'inn, iml-Fq othc.twise directed by the passenger. (b) No owner or driver shall induce any person to use his taxicab by knov;ingly misleading or deceiving such person as _o the location or distance of any place or by making any false representation to such person. 26. No person employing any taxicab shall refuse, upon demand, to pay the fare or charge authorized by this by-law. 27. Every licensed person operating a taxicab equipped with a taximeter may agree at the request of the passenger, to operate on an hourly basis, at the rate provided for under PART TWO of SCHEDULE ONE (1)' of this by-law and the flag of the meter shall be placed in the recording position throughout the trip. 28. (a) No licenced person shall make any charge under this by-law for time lost through defects, or inefficiency, of the vehicle, or the incompetency of the driver thereof, or for time consumed by the arrival of the vehicle in response to a call in advance of the time such vehicle has been requested by the person calling same. (b) Every owner or driver licenced under this by-law shall serve the first person requiring the service of his vehicle at any place within the Pickering Town Area at any specified time by clay or night and if he plead some previous engagement he shall upon demand give the name and address of the person to whom lie is so engaged together with the time and place of such engagement." He shall punctually keep all his appointments or engagements, and shall not accept any engagement that a previous appointment would prevent him from fulfilling, provided however, that he shall not be compelled to accept any order from a person who owes him for a previous fare or service, unless and until the same be paid. 29. Any person duly authorized by the By-Law Enforcement officer or any member of his Department or any member of the Durham Regional Police Force, may at all reasonable times inspect as much of any place or premises as is used for the carrying on of any trade, calling, business or occupation in respect of which any person has or is required to have a licence under this by-law, and any such person authorized or any member of the Department or Police Force may inspect any goods, articles, books, records and other documents of or relating to any such trade, calling, business or occupation, and no person who has or is required to have a licence under this by-law shall obstruct or hinder the making of the inspection aforesaid, or cause or permit the same to be obstructed or hindered. 30. No person licenced under this by-law shall, because of race, colour or creed, discriminate against any member of the public in the carrying on of the trade, calling, business or occupation in respect of which the licence is issued. - I? I -- 31. No person licenced unc-_r this by-lace shall: (a) Permit or allow any tippling or gambling of anv kind to be carried on in, upon or in connect lon Whit a i>oilai ng or premises in respect o?c oriiich a l.icencr is issued; (c) Keep, n]_ace, mainl-i-n, pc?rj^.1t o?: allo".: at, in, upon or in connection with said build i_ or premises any crane, slot, or pin-ball machine including the baarttelle table type or any other device of a similar nature, but not including merchandise vending machines or machines for playing recorded music, or games of skill operated by electric ray from which no chance reward may be obtained. 32. Every licence issued under this by-law shall expire the thirty-first day of December 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. MAINTENANCE OF RECORDS 33. The driver of a taxicab or limousine shall keep a daily record (hereinafter referred to as a "Manifest") of all trips made by him, and such record shall contain the following information: (a) The Provincial motor vehicle licence number of the taxicab or limousine, and the number of the taxicab owner's licence or limousine owner's licence issued under the provisions of this By-law; (b) The name, address and identification number of the driver; (c) If a taxicab, the meter readings at the start and finish of each working period; (d) The date, time and location of the beginning and termination of each trip, and number of passengers carried; (e) The amount of the fare collected from each trip; (f) Every driver who drives a taxicab or limousine of which he is not the owner shall, at the end of each day's tour of duty, deliver to the owner a copy of the said manifest. The owner, if not licenced as a broker shall file a copy of the manifest with the broker through whom he operates within 24 hours of receipt of the manifest. 34. When a broker dispatches or causes to be dispatched a driver upon a trip, such owner or broker shall keep a record setting out the following information: (a) The Provincial motor vehicle licence number of the taxicab or limousine and the number of the taxicab owner's licence or limousine owner's licence issued under the provisions of this By-law; (b) The date and the time of dispatching; (c) The name and identification number of the driver; (d) The address to which such taxicab or limousine is dispatched. - 13 - 35. Upon completion of tiie driver's daily work period the owner shall record, if the vehicle is a taxicab, the meter readings and the date and time the taxicab was returned. 36. The ov;ner whri hires a driver fnir a ta::ic::,.I) shall check the daily trip record kept by the driver and shall require an entry for cash trip recorded on the meter.. 37. At the expiry of his work shift a driver, other than the owner, shall turn over to hi.s e;nployor all money received by him as fares during such shift, retaining if his working agreement so provides, any amount which may be due to him for wages or commission and an owner shall give to each of his drivers at the expiry of the driver's work shift a receipt showing the amount turned over to him by the driver. The driver shall also turn the copy of his manifest over to his employer without undue delay and not later than one hour after the end of his shift. A copy of the manifest shall be filed with the broker dispatching the taxicab within 24 hours. 38. (a) Every owner shall retain the records referred to in this By-law for a period of time not less than twelve months; these records shall be open to inspection by a police officer or any person authorized by the Council and may be removed and retained by a police officer or the Council for a reasonable time. (b) Every owner will keep on file a record of each driver's name and address, date of birth, taxi licence number, date and length of service, etc., and chauffeur's licence number. 39.. Every driver licenced under this By-law shall: (a) Make available his manifest and give full informa- tion thereof to the By-Law Enforcement officer or any police officer on being required so to do; (b) Upon request of any passenger, give in writing his name, address, number of licence issued to him under the provisions of this By-law, and the Provincial motor vehicle licence number of his taxicab or limousine; (c) Upon request of the By-Law Enforcement Officer or any police officer of the Regional Municipality of Durham provide full information as to passengers carried; (d) Place his photograph and name in the holder hereby required to be affixed to the rear of the driver's seat in such manner that the same is plainly visible to and readable by passengers in the back seat. (e) while on duty, be neat and clean in his person and display constantly the badge or other identification mark with the driver's licence number shown thereon under the provisions of this By-law and permit any person to note the driver's licence number shown thereon upon being requested so to do. - 7.4 - (f) Not smoke whild'a passenger is being carried by him. (g) Not be under the influence of any intoxicant. i,or .<_l._, ?,! J.,A, e in his posz, e_?s a,iy intoxicant while in charge of a taxicab or liTLIC)USi.ne, nor shaj:i the use thereof- by him be apparent chile he. is in charge of such vehicle. (h) Not overcrowd an open stand, nor back onto the same nor push or displace any taxicab already on the stand. A driver who wishes to enter an open stand with his taxicab shall do so by taking his position at the end of any line formed by other taxicabs already on the stand and when a driver is either first or second in line in such stand, he shall remain in the driver's seat of his taxicab ready to be hired. 40. No owner licenced under this By-law shall: (a) Employ any person other than a driver duly licenced under this By-law to operate his taxicab or limousine; (b) Permit any taxicab or limousine to be driven under the authority of a licence issued to him except that in respect of which the licence has been issued; (c) Require or permit any driver to be on duty more than twelve hours in any period of twenty-four hours or for more than six consecutive days. 41. Every taxicab broker shall: (a) Keep a record of all owners and drivers operating taxicabs or limousines in associa- tion with him, such record to show the number of taxicabs or limousines operated by each owner, including his name and address and the number of the licence issued under this By-law in respect of each; (b) Submit a report to the By-Law Enforcement Officer by the tenth day of each month, or oftener, if requested, on the form provided by him, showing the number of taxicabs or limousines which operated during the previous month under agreement or contract with him, the number of drivers, the make, Provincial motor vehicle licence number of each vehicle used as a taxicab or limousine, and the hours each driver was employed during each day; (c) Make or cause to be made a daily inspection of all taxicabs or limousines operated in associa- tion with him, making certain that they are clean, properly equipped and identified, as required by this By-law; (d) Before permitting a taxicab or limousine to be used, make certain that every owner or driver associated with him is duly licenced under the law of the Province of Ontario and under this By-law; (e) Notify the By-Law Enforcement Officer within forty-eight hours whenever an owner or driver changes addresses or terminates his association with him. - 15 - 93. No taxicab or limousine o?ilicr or driver shall be dispatched by a broker who is not l.icenced under the provisions of t1lis By-law. 3. Any person found quilty of a breach of this By-law upon conviction tl:o?:eof, shall be subject to a fine not exceeding Thcce 1Tundre,..1 Dollars ($300.00) exclusive o` costs, recoverable under The Ontario Summary Convictions Act, and in dcrrnnlt of payment of such fines and costs, shall be liable to imprison- ment in the Common Gaol of the ];c:clional Municipality of Durh;_m for a period not excecdirc, twenty-one. (2.1) days. 44. Any person (including persons hold?nq licences prior to the passing of this By-1,r',) found by Council not to be observing the provisions of this By-law, may have their licence revoked or cancelled. SCOPE 45. This By-law shall apply to brokers, owners and drivers of taxicabs and limousines which vehicles are kept or used for hire in the Town of Pickering. The tariff hereunder shall apply for the use of taxicabs and limousines wholly within the said municipality or to any point not more than three miles beyond its limits. 46. A person who holds a valid taxicab licence issued under By-law 4372/73 and who is not a resident of the Town of Pickering shall be in the year 1975 and thereafter en- titled to the issuance of a licence under the provisions of this By-law provided that he is not the holder of any other taxicab licence, for said vehicle, issued by another municipality and carries on his business solely within the Town of Pickering. 47. By-law Number 4372/73 and all amendments thereto are hereby repealed but all licences issued thereunder shall remain in force until December 31st, 1974, unless or until same are forfeited, revoked or cancelled, and such licences heretofore issued shall be deemed to have been issued under and subject- to the provisions of this By-law. PROVIDED, however, that subject to paragraph 46 above, any licence issued for the year 1974 shall terminate as of December 31st 1974 and any applicant for a licence to be issued for the year 1975 and thereafter must meet and fulfil all requirements for the issuance of such licence as set out in this by-law. By-law read a First 4 Second and Th4x-d- -Time -eiad-PASSBi this ar day of h4AI 1974. 11?U ?QG? 0, UWVj &Vvkl " iwl'44a ?Awj R/Sf ao,4, U p Mayor `y {1 ? Q k ORK Clerk i `i:II; C01i110', iJT I WI O'P Tli 0' "CCi.E!, ING a.. PART ONE: By Distance One to Four Passenger::; For the first duaI_-. 1 1:1:t c -r-L tJhe.reof .............. $ 55 For each addi.Lionui quarter or part thereat ........ $ .10 For waiting time while and^r engagement, for each 1-1/2 minutes ..... $ ,10 For each additional passcn;.er ..u excess of four ......... $ .20 Baggage (other than shopping or gr-;:--c.ry 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. Wheel chairs will be carried free. PART TOO: 13v the hour For the first hour or part thereof ......................$4.00 For each additional fifteen (15) minutes ................$1.00 For each passenger in excess of four - per hour ......... $ .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 passengers 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 maximum of 30 cents. Wheel chairs will be carried free. TEiE3 CO?;i'ORA%IO\ C}.? Ty`E `.i'O[dN OF PICFERING SCHEDULE TWO :''O_L?'iliv(. }?:?uEJ.' ].. The By-Lacs Enforcement Office:r of the Town of Pickering shall not, in Irly year., issue more than 11 taxicab and/or limousine owner's licences until such time as the population of the Town of Pickering exceeds 25,000 people according to the current census of the Province of Ontario and thereafter one additional licence shall be permitted for every 2,500 increase in the population in excess of the said 25,000 people. 2. The licence fee payable by an owner for an original taxicab and/or limousine owner's licence shall be the sum of $100.00 and the sum of $50.00 for each renewal of such taxicab and/or limousine owner's licence. Expiry date 31st December of year licence is valid. 3. The annual licence fee payable by a driver including an owner who drives his own taxicab and/or limousine shall be the sum of $5.00. Expiry date 31st December of year licence is valid. 4. The annual licence fee payable by a Taxicab Broker shall be the sum of $50.00. Expiry date 31st December of year licence is valid. M O T I O N MOVED bye. SECONDED by Date That it be recommended to Council that Section 46 of By-Law Number 56/74, being a By-Law to regulate taxicabs, be amended to read: "A person who holds a valid taxicab licence issued under By-law 4372/73 and who is not a resident of the Town of Pickering shall be in the year 1975 and thereafter entitled to the issuance of a licence under the provisions of this By-law provided that he is not the holder of any other taxicab licence, ?? issued by another municipality and carries on his business solely within the Town of Pickering."