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HomeMy WebLinkAboutBy-law 3841/70THE CORPORATION OF THE TOWNSHIP OF PICKERING BY-LAW NUMBER 9, g ?11-70 A By-law of the Corporation of the Township of Pickering 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 Pickering. WHEREAS The Corporation of the Township of Pickering has persuant to the Municipal Act, R.S.O. 1960, Chapter 249, Section 395, authority to enact this By-law. NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWNSHIP OF PICKERING HEREBY ENACTS AS FOLLOWS; 1. For the purpose of this By-law; (a) "BY-LAW ENFORCEMENT OFFICER" assns the By-law Enforcement Officer of the Township of Pickering appointed by the Council of the Township of Pickering. (b) "CHIEF OF POLICE' means the Chief of Police of The Township of Pickering. (c) "CAB" means any motor vehicle used for the conveyance for hire of passengers wholly within the Township of Pickering or from a point within the said Township and shall include a Leased Automobile or Livery Cab. (d) "LZhSED AUTOMOBILE' means any vehicle rented by the owner thereof and used exclusively by the lessee for his own personal or professional use and who does not sub-rent or sub-let such vehicle out to any other person. (e) "DRIVER" means a person other than a fleet owner or independent cab owner who operates a vehicle as a cab for hire. (f) "FLEET OWNER" means any person who holds a license from this Township to use or operate more than one cab from his taxi stand or sub-stand. (g) "INDEPENDENT CAB OWNER" means an owner of a cab who holds a license from this Township to use or operate one cab only from, or through, the stand of a licensed fleet owner. (h) "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. (i) "TAXI CAB BROKER' means any person who accepts calls in any manner for taxi-cabs that are used for hire and that are owned by persons other than himself, his immediate family or his employer. Continued ...... 2 - 2 - (j) "TAXI STAND" means either a building or part of a building, such as an office, agency or other commercial establishment, situated within the limits of this Township, but excludes a residential dwelling unit, (k) "TAXICAB LICENSE" means a license issued by the By-law Enforcement Officer of the Township of Pickering under the provisions of this By-law with the approval of the Council of Pickering. (1) "PERSON" shall include any individual, association, firm, partnership or corporation. (a) All licenses required by this By-law 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, leased automobiles, 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 the 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 licenses as may be requisite to secure a due observance of the law and of this By-law. () Notwithstanding any other section of this By-law Council on the recommendation of the Chief of Police may suspend pendinS further investigation the license 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 licenses, or recommendation for revoking, cancellation of any license, or the suspension of any license by him, together with his report thereon. (5) To keep a register of all licenses granted by council under this By-law, which shall contain name or names of applications, date of issue and other such pertinent information and such other books as Council may order. (6) To furnish each person taking out a license, one copy of this By-law and to each owner e 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 license 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 licenses continue to comply with the provisions of the law and of this By-law. Continued ...... 3 - 3 - 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. (a) No person, being the driver of a motor vehicle shall use such motor vehicle as a cab without having first obtained a license from the Township of Pickering permitting him to drive a motor vehicle as a cab. (b) No person, being the driver of a motor vehicle, shall use such motor vehicle as a cab unless a Cab Owner's License for such vehicle has first been obtained from the Township of Pickering, 5. (a) No person, being the owner of a motor vehicle other than a Leased Automobile, or the lessee of a motor vehicle being a Leased Automobile, shall use, or allow the use of such motor vehicle as a cab without having first applied for and obtained a Cab Owner's License from the Township of Pickering. (as) No person, being the owner of a motor vehicle other than a Leased Automobile, or the lessee of a motor vehicle being a Leased Automobile, shall allow the use of such motor vehicle as a cab unless the driver thereof has first obtained a license from the Township of Pickering permitting him to drive a motor vehicle as a cab. (b) The By-law Enforcement Officer shall not, in any year, issue more Taxi Cab licenses than those permitted in Schedule Three (3), of this By-law, (c) Taxi Cab Licenses issued under the provisions of this 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 license and upon the issue, renewal, transfer, cancellation or suspension thereof, the value of a license shall by the property of the Township of Pickering. CAB OWNER'S LICENSE: 6. (a) Every applicant for an owner's license 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 license 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. (c) Every Cab Owner shall be able to speak, read and write understandable English, 1. A Fleet Owner shall take out a separate cab license for each cab to be operated. 8. Every owner shall apply for and obtain a cab driver's license before driving a vehicle as a cab. Continued ...... 4 - 4 - 9. The owner of a vehicle, when making application for a cab owner's license 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 $100,000.00 Public Liability and Property Damage, 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 license is in force. 10. The owner of a vehicle who, while not applying for a Fleet Owner's License may apply for an Independent Cab Owner's License. 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 information 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 for 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 twenty-four 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 twelve hours within any consecutive twenty-four hours. (d) No female licensed as an owner or driver under this by-law shall operate any cab between the hours of 7 p.m, of any day and 7 a.m. of the next following day and no owner licensed under this by-law shall employ any female driver between the said hours. CAB DRIVER'S LICENSES, 13. (a) Every driver of a cab shall, before acting as a driver of any such vehicle, apply to the Chief of Police for a license permitting him to drive such cab. Every applicant for a cab driver's license 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 may forward the application to Council together with any of his recommendations. (b) Every applicant for a license as a driver shall produce a chauffeur's license. (c) Every cab driver shall be able to speak, read and write understandable English. 14. (a) Every taxicab driver and every taxicab owner who acts as a driver, shall carry on his person a metal badge furnished by the Department and shall display constantly on the outside of his clothing and shall allow any person to note the number thereon. (b) Every driver shall at all times when driving a cab have his photograph and name affixed and placed in the cab in such a manner that the same is plainly visible to and readable by passengers in the back seat. - 5 - 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) Every driver licensed under this by-law and every owner, if driving his own cab, shall be properly dressed, neat and clean in his person, and be civil and well-behaved, and while on any public cab stand shall sit or stand sufficiently close to his cab so as to have it constantly under close observation, and such drivers or owners shall not in any way obstruct the use of the sidewalk or make any loud noise or disturbance. TAXICAB BROKER'S LICENS 16. There shall be taken out by every taxicab broker, a license to carry on his trade, calling, business or occupation as a taxicab broker. No person shall, within the limits of the Township of Pickering carry on as a taxicab broker until he has procured such license to do so. 17. Every owner, driver, and taxicab broker, licensed under this by-law shall be of the full age of twenty-one (21) years. 18. Every person licensed under this by-law shall, upon changing his address, notify the Chief of Police thereof, within two days and give his new address. PERTAINING TO VEHICLES 19. (a) Every motor vehicle licensed under this by-law shall be kept in good repair and the interior and exterior kept clean. (b) Upon demand of any Police Constable or Officer, appointed for enforcing this by-law, the owner shall produce said vehicle for inspection at any time without notice. (c) Upon notice in writing of any defects Q 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 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 Township of Pickering, be sufficient cause for reaoaation of or refusal to renew such license. - 6 - 19. (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 cab with luggage or other material piled or placed in a manner that obstructs his view. (h) 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. (i) The age of any motor vehicle to be licensed as a cab under the provisions of this by-law shall be no more than four years from the year of manufacture 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 safe keeping. Every driver immediately upon the termination of any hiring or engagement, shall carelully search his cab for any property lost or left therein, and all property or money left in his cab 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 cab any person for the purpose of soliciting from the cab for acts of prostitution. (1) The owner or driver of a cab shall while such cab is being used for the transportation of children to or from school observe and comply with the following regulations; a) Not more than six children shall be at any one time carried in a standard five passenger cab and not more than eight children shall be carried at any one time in a standard seven passenger cab; b) No child shall be permitted to stand while the cab is in motion; c) The cab 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; d) The signs referred to in clause c) shall be carried only when the cab is actually engaged in transporting children to or from school and shall be removed when the cab is engaged in any other business. (m) The following types of vehicles shall not be used as cabs: Convertible automobiles, Converted trucks, Two-door coach automobiles, and automobiles which the Chief of Police deems to be of insufficient size to be operated as cabs. Continued ...... 7 -7- 19. (n) In case of violation of the provisions of this By-law, the license of such vehicle, and the license of the driver, may be suspended by the Chief of Police, and also, may at the discretion of Council, be revoked. 20. When any licensed owner disposes of a cab and acquires another cab, before the license for the former may be transferred to the latter, the latter cab must be submitted to the Chief of Police for approval. METERS AND SIGNS: 21. Every cab licensed under this By-law, excepting leased automobiles, 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 issealed. (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 22 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 taxi- meter 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. 22. Every owner licensed under this By-law shall, while his cab is operated as a taxicab, have installed Continued ...... 8 - 8 - 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 a flashing type, or in either the colours red or blue. Ambulances, hearses, or self-drive vehicles, shall not be equipped with roof name signs. FARES 23. (a) 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. (b) No owner or driver shall induce any person to use his cab by knowingly misleading or deceiving such person as to the location or distance of any place or by making any false representation to such person. 24. No person employing any cab shall refuse, upon demand, to pay the fare or charge authorized by this By-law. 25. Every licensed person operating a cab 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 TARIFF "A" of SCHEDULE ONE of this By-law and the flag of the meter shall be placed in the recording position throughout the trip. 26. (a) 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 consumed 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. (b) Every owner or driver licensed under this By-law shall serve the first person requiring the service of his cab at any place within the Pickering Township Area at any specified time by day or night and if he plead some previous engagement he shall upon demand give the name and address of the person to whom he 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. 27. The fares to be charged to the public for the use of cabs shall be those set out in the Schedule of Fares hereto attached and forming part of this By-law. 28. No cab operator may solicit fares within three hundred (300) feet of any competitor's licensed taxi stand. 29. Any person duly authorized by the Municipal Law Enforcement Department, or any member of said Department, 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 Continued ...... 9 .9- occupation in respect of which any person has or is required to have a license under this By-law, and any such person authorized or any member of the Department 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 license 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 licensed under this By-law shall, because of race, colour or creed, discriminate against any member of the public in the carrying on the trade, calling, business or occupation in respect of which the license is issued. 31. No person licensed under this By-law shall (a) permit or allow any tippling or gambling of any kind to be carried on in, upon or in connection with a building or premises in respect of which a license is issued; (b) keep, place, maintain, permit or allow at, in, upon or in connection with said building or premises and faro bank, rouge-et-noire, roulette table or other gaming devices for gaming or gambling; (c) keep, place, maintain, permit or allow at, in, upon or in connection with said building or premises any crane, slot, or pin-ball machine including the bagatelle 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 license issued under this By-law shall expire the thirty-first day of January of the year following the year for which it is issued; but the licenses for the following year may be issued at any time during the month of December. 33. (1) The fees payable under this By-law shall be on an annual basis and shall be paid to the Treasurer on application for a license. The said fees shall be payable as follows: TAXICAB OWNER: For each original cab license..$100.00 For each cab license renewal...$ 50.00 FOR EACH FLEET OWNER'S STAND ....... $ 15.00 FOR EACH CAB DRIVER'S LICENSE ...... $ 5.00 (ii) The annual fees payable under this By-law shall not be prorated, in the event that a license is applied for and obtained for a period of less than one year. - 10 - 34. Any person found guilty of a breach of this by-law upon conviction thereof, shall be subject to a fine not exceeding Three Hundred Dollars ($300.00) exclusive of costs, recoverable under the Ontario Summary Convictions Act, and in default of payment of such fines and costs, shall be liable to imprisonment in the Common Gaol of the County of Ontario for a period of not exceeding twenty-one (21) days. 35. Any person (including persons holding licenses prior to the passing of this by-law) found by Council not to be observing the provisions of this by-law, may have their license revoked or cancelled. 36. By-law Number 3824/70 be and the same is hereby repealed. BY-LAW READ A FIRST AND SECOND TIME THIS `/"4? DAY OF L?'tc4 BY-LAW READ A THIRD TIME AND PASSED THIS ( W- DAY OF ZL 7A'"17- 41- ___________________ Reeve C1 1970. 1970. BY-LAW NUMBER ?? ?S 1 / LI U " S C H E D U L E ONE" TARIFF "A" PART ONE: By Distance One to Four Passengers: For the first quarter mile or part thereof .............$ .55 For each additional quarter mile or part thereof ....... $ .10 For waiting time while under engagement, for each 1# minutes .... $ .10 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.............. $ .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. Wheelchairs will be carried free. PART TWO: by 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. Wheelchairs will be carried free. TARIFF "B" Rates for livery cabs, except vehicles serving weddings or funerals: For each 15 minutes or part thereof ....................$1.00 Minimum charge per trip ................................$2.00 BY-LAW NUMBER -3?3y ll7D " S C H E D U L E TWO" Taxi Cab Licenses issued under the provisions of this by-law shall be in accordance with the following schedule annually, and shall be non-transferable.' Four (4) Licenses to: Pickering Taxi, Thomas E. Austin, Church Street, Pickering Village, Ontario. Five (5) Licenses to: Don's Taxi, W. D. Mowry, 131 Exeter Road, Ajax, Ontario. Three (3) Licenses tot Atlantic Taxi, Atlantic Taxi Co. Limited, 6,100 Kingston Road, West Hill, Ontario. Two (2) Licenses to: Ajax Taxi, Harold'Bentley, 8, Oak Street, Ajax, Ontario. Two (2) Licenses to: Abe's Taxi, August Abraham, 931 Liverpool Road, Bay Ridges, Ontario. One (1) License to: Mr. R.S. Mahood, 1318 Tatra Drive, Bay Ridges, Ontario. One (1) License to: Mr. E.R. Devonald, Salem Road, R.R. 1. Pickering, Ontario. NOTE: One (1) of the licenses previously issued to Temple Taxi (now Pickering Taxi) is being held in escrow. BY-LAW NUMBER Z2B LL " SCHEDULE THREE" THE BY-LAW ENFORCEMENT OFFICER OF THE TOWNSHIP OF PICKERING SHALL NOTs IN ANY YEAR, ISSUE MORE THAN NINETEEN (19) TAXI CAB LICENSES.