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HomeMy WebLinkAboutBy-law 3746/69 A By-]~w of the ~rporati~n of the T~vnship of Pickering for the licensing~ re~lat~g and governing of owners and drivers of t~i-~bs and other motor resoles for hi~ a~ establish~g the rates ~r fares to be ch~ged by the ~ner~ ~r ~>'ivers of ~bs and livery ~ab. ~ '~: ~ r~veyance of passengers ?~it] ne fow:~:~p of Picketing. V~PJdAS The Corporation of the Township of Plckering has pursuant to the iWunicipal Act, E. S. O. 1960, Chapter 2h9, Section 395, autherity to enact this By-lay. N~ THEREFORE, THE COUNCIL OF T~! COBPOItATION OF THE TO~,~HIP OF PICF~RING ~Bi.[ ENACTS AS FOLLOi~S: 1. For the purpose of this By-law: (a) "BY-LAW ENFORC~v~i,~ Ot~iCEP? means the By-law Enforcement Officer of the Township of Pickering appointed by the Council of the Township of Pickering. (b) "CHLW~' OF POLICE" means the Chief of police for the Township of Pickering. "GAB" means any vehicle regularly used for hire for the conveyance of persons within the ~]uni- cipality and shall include Leased Automiles and Livery Cabs. (d) "I~ASFD AUTO~OBIL~" means any vehicle rented by the owner thereof sud 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. (e) "DRlU~F]~" means a person ether than a fleet ovrner or independent cab owner who operates a vehicle as a cab for hire. (f) "¥]' ~T ~.~R~' means any person who holds a license ~ ~',~ this ~ ownship to use or operate more than one :~.~ r-:om .'~ t~-,~ stand or sub-stand. (~) ~t", '-.. "~' ~'~ .l~,q~iER'~ means an owner of a cab ~ ,.., ~ ~. ~ ~ f,?~m this Township to use or · .~i~e~'aw~ one :~ on ~ fcom~ or through, the stand (h) ' ,~ ~::,Y ~]~B" means a motor vehicle used for hi~e for !he conveyance of persons and designated by tim Chief of Police as a Livery C~b. (i) "TAXI-CAB BRO)~~ means any person who accepts ca]IS in an~~manner for taxi-cabs that are used for hire and that ere ~ned b~ perso~ other than h~e~, his ~ediate family or his emplo~r. (j) "T~I STA~" ~a~ either a building or part of a build.g, such as an office, agency or ot~r co~.-~ ~l establis~ent, situated with~ the · , ? ~his To~ship, but excludes a residential (k) '~ ~' ~a~ a li~n~e issued by B~, ~ - '-, .-' Offi~r of t~ T~ship of PJ~ ~ ~ ~,, ?rovtsio~ of this By-~w with tn~ =f~,~ ~,-~ .L 7 ~ ~cil of Picketing. 2. (a) All lice~es required by this By-law s~mll be issued by the By-la~ Y~orcement Officer upon the d~ection of Co,oil. (b) T~ Chief of police sha~ have supervision over all persons licensed under the provisions of this By-law and o~r a~ ~bs, leased automobiles, and livery cabs~ together ~ith the equipment used by th~,. nr~ '"/:¥~ ~,~ll~g shall be the duties and p~. " :h~ef of Police in co~ection with ~'.. ~'~:'~::b to the ~uncil on the ~or~nce .:? ~.'i.~ dztLes ~der this By-law w~never he '~hall be required by Council to do so. (2) To ~ke all necessary inquiries concern~g applications for licenses as ~y be ~quisite bo ~cure a due obse~ance of the law and of this By-law. Notwit~t~ding any other section of this Dy-law Council on the recon~endation of the Chief of ?olice ~y suspend ~nding further investigation the license held by anyone under this By-law who has been convicte8 of an offence under the Cr~i~l Code of ~nada or the Liquor Control Act of Ontario, or failed to comply with the re~lations ~der this By-law. (h) To submit for ~uncil approval~ applications for licenses~ or reco~endation for revoking, cancellation of any license, or the suspe~ion of ~nM ?.ice~e by h~, together ~th his report ~. .-.. - , :?ister of all licenses ~anted by :., :.~/s By-law, which s~ll contain · , ~ .~::.~ 1,:.' applications, dates of issue, ~.~: . . h Dert~ent i~on~tion and such :~ ~ - ~':o~cil ~y order. (6) ~ .:.: :~h each person ~king ou~ a license, . ne ~:opy of this By-law and to each ~ner a tariff card, setting forth the rates and fares spec~ied in Schedule i hereto, and to each drier ~d the ~ner if he drives his own car, a badge, both said badge and ~rd to ~ the nt~ber of the license sho~ 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 r6~e,~vi~i~g the licenses continue to comply with the provisions of the law and of this By-lawo Any act of duty to be perfoEned 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. Ne person shall use as a cab any vehicle which has not been licensed under this By-law. 5. ~a) No person~ bein~ the owner of a motor vehicle, shall use, or all~ the use of the motor vehicle as a cab without having first applied for and obtained a license from the Township of Pickering. (b) The By-law Enforcement Officer shall not, in any year, issue more Taxi Cab Licenses t~n those pe~2itte~ 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 T~o (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 be the property of the Township of Pickering. CAB 0~ 'S LICE~E: 6. (a) Every applicant for an owner's license under this By-law shall submit an application to the Chief of Pmlice who shall for~zard it to Council together with his recommendations. (b) Every applicant for an owner's license under this By-law sl~ll 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 Unglish. 7. A Fleet ~ner 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 befc e driving a vehicle as a cab, 9. The owner oz~ ~ vehicle, wUen making application for a cab ow-~' 's ~ ..sa ~nde~~ ~his By-law, shall submit the motor vehic~' ~ ~%istratdon certificate issued by the Department of ~ ~g?~vays.~ 'nd .1 copy of his insurance policy in the princip?~. sum of ~ot less than ~lOO, O00.OO Public Lia~ility and Property Da~age. Such ?olicy shall cont~i~ · list of the vehicles, and renewal receipts s~all be filed with the Chief of Police each year during the tim~ in which the license is in force. lO. The owner of a vehicle who, while not applying for a Fleet Owner's License may app/~v for an Independent Cab Owner's Licens ~. -4- 11. Every licensed ca~ 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 Picketing upon being required to do 8o, 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 t~ie 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 ~,~C~DES: 13. (a) Every driver ~,f 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 thie Municipali~y. The Chief of Police may forward the application to Council together with any of his recoz~aendations. (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 Englieh~ 14. (a) Every taxicab driver and every taxicab owner who acts as a Zriver: shall carry on his person a metal badge ~rn.shed by the Department and shall display ~'~nc~%ntly on the outside of his clothing and s~li allow any , zso~ to note the number there a, (b) Every ~' .vc.3 shall at all times when driving a cab hav~ hJ~ 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. 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 hz -'~ in charge of such cab. (b) The Chief of ~olice may require ant owner or driver to be medically examincd by the ~bdi~l Officer of Health for the ~unty ~ Ontario and the ~di~l Officer of ~ealtb ~y ~ke a repo~ of sud~ exaltation to the ~hief of ?olice. ~o) Mo o~,ner or driver of ~ ~ oarryi~ passengers shall smoke any cigar, cigarette, tobacco or other substance while driving t~ Mve~ driver licensed under this by-la~ and every ~mer, ~ drivinE his ,~vn cab, shall be properl.f dressed, neat and clean in his ~erson, and be civil and well-believed, an~~ while on public ~b stand shall sit or stand suf~icien%ly close to his ~b so as to h~ve it constantky under close obse~ation, an~,~ such drivers or ~,~ners shall not ~ a~ ~,;ise obstmact the us~ of the sidewalk or ~ an2~ loud noise or (~isturbance. 16. There s~ll be ~ken out b? every taxicab broker, a lice~e to ~rrs~ on his %]'a6e, ~llin~, b~siness or occupation as a ~i~b b~okeP. Do person shall, ~;ithin the l~its of tim T~nshiD of Picketing, on as a taxic~ broker until he has ~ro~ed such license to do so. 17. ~ery ~Nner, driver and taxica% broker, licensed under this By-la%~* s~ll be of the full a~e of twenty-one ~j2!) years. 18._ ~ery. p~son licens~C under this Dy-law shall, upon c~ng~ug his ad,ess, nobody the Chic! of Pclice thereof, ~;ith~ two daj~ and give his new address. PERTAIi~ING TO 19. (a) ~3ve~; motor ve~cle licensed unm~ r t?~is Ey-~w s~ll be kept ~ good repair a~ the interior and exterior ke]2t clean. (b) Upon de,nd of an~ Police Constable or appointed f~r e~orcing this B~law, the s~ll pro<~uce said vehicle for ins~ion. Vehicles s?all be subject to ins~ction at a~~ time without notice. U~n notice ~ writir~ of a~ defects or faults fou~ as the ~esult of such inspections, the ~ner s~ll fort~ith remove t~e w~hicle from the ~oad un~il s~ck defects or faults ~,~ been rect~ied, and, on completion of same, shall ~..~a~. ~'~roduce the vehicle for poli~e inspection ~efo~e retu~L~ it +.o the road. (d) ~very ~b s~ll be equipped with a s~are and tire p~rlv ~latad and ready for use. (e} The taxi~b n~ber plate issued under this By.la'~ s~ll, at ~ll %~es, be and ~rominent~ aft'~ed %o the rijht rear portion a~ on the outside ~ the vehicle ~ respect of whia<-~ the same was issued. A ~ehicle li~nsad under ~his ~.y-la~ s~li nut be operated at a spc~~ ~ greater t~mn t~mt laid d~n by the ?igl~a~ ' 'affic Act, and shall not be of~.¢'ct~,~ , ~_ suc}. a ~am~ei' as ~.o bc ~angerous to the public. No owner or driver s~ll 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 suc~ cab, inclusive of the driver. The age of any motor vehicle to be licensed as a cab urger 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 J~nmediately upon the termination of hiring or engage~ment~ shall carefully search ~is cab for any property lost or left therein, and all property or money left in his cab shall be fort?~vith delivered over to the person ~'rning the ss~e~ or if the ~ner 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 foll~.'ing 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 then 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 enly when the cab is actually engaged in transporting children to or from school and shall be remow-1 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 automebiles, and automobiles which the Chief of Police deems to be of insufficient size to be operated as cabs. (n) In case e= violation of the provisions of tl~is By-law~ %n.~ license of such vehiclej and the license of the driver~ may he suspended by the Chief of police, a~d also may~ at the discretion of C~uncil, be revoked. 20. ¥~hen ~ny licensed owner disposes of a cab and acquires anott~r cab, before the license for the former may be transferred to the latter, the latter cab n~ast be submitted to the Chief of Police for approval. ~FTERS AND SIGNS: 21. Every cab licensed under this By-law, excepting leased automobiles, shall ~have affixed a tazimeter for registering distances travelled and computing fares to be paid, and for all cabs so equipped the following provisions s~ll apply: Every taximeter shall be: (a) Submitted, when required, for testing, inspection and sealin~ by the Chief of }~olice. (b) Ill%uninated between dusk and dawr~. (c) Attached to the cab in a location an~ 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 r~nninE the cab in which it is installed, over a measured distance before it is sealed. (f) N~mbered and not used until approved by the Chief of Police. (g) Used not longer than six months without re- testin~. (h) Kept in good working condition at all times, and not used when defective in any way. (i) Equipped ~ith a luminous yellow or illu~minated metal plate or flag attached to the top thereof and approved by the Chief of Police or person designated thereby, which plate or flag s]mll be in a lowered position when the tazimster is in operation and in a raised position clearly visible from any directi~on 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 l~vered. The owner or driver of a cab equJ?ped with a taxi- meter shal± not operate such cab when the taximeter has been ch~_uged, repaired, altered, tampered with, or adjusted, unless and until the taximeter has been subsequently tested and sealed by the C~ief of Police. 22. Every c~ner licensed under this By-law shall, while his cab is operated as a taxicab, have installed -8- on th~ top of such cab an electric sig~ in good working order~ such sign ~hal~ ~.~ ~ubject 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. FARF~: 23. (a) Every licensed driver shall drive the cab operated by him by the most direct travelled route to the point of destir, ation, unless otherwiss directed by the passenger. (b) No cra-her or driver shall induce any person to use his cab by knowingl~z misleading or deceiving such person as to the location or distance of any place or by ma~ing any false representation to such person. No person employing any cab shall refuse, upon demand, to pay the fare or charge authorized by this By-law. 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 ~0 of TARIFF "k'~ of SC~EDUL~ 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 t~is 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 s~hmll 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. }ie shall punctually keep ~ll his appointments or engagements, and shall not accept any engagement that a previous appointment would prevent him from fulfilling, provided however, that he shalz not h~¢ compelled to accept any order from a person who OWes him for a previous fare or service, unless and Ym*.~l tl~m same be paid. 2?. 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. Ho cab operator may solicit far~s within three hundred (300) feet of amy competitor's licensed taxi mtand. 29. Any person duly authorized by the ~,:unicipal 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 - 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 Stmm~ary Convictions Act, and in default of pa)anent of such f~nes and costs, shall be liable to imprison- ment in the Con%mon 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, ~y have their license revoked or cancelled. 36. By-law Number 3544 be and the ss~ne is hereby repealed. BY-LAW READ A FIRST, &55'SECi~,-~D time this /~ day of BY-LAW READ A THIRD TIME AND PASSED T/~IS /~-CC day of TARIFF PART ONE: My Distance. One to Four Passengers: For the first one-third mile or part thereof .............. .~ .59 For each additonal one-tbJ_rd mile or part thereof ......... g .lO For waiting time while under engagement, for each ib minutes ........ For each additional passenger in excess of four ........... :i~ .20 Baggage (ether than shopping or grocery bags); For each trunk (32 inches by 18 inches by ~ inches or 3 cu. ft ......... $ .50 Hand baggage if not carried by passenger inside vehicle per parcel ....... ,% .lC 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 ........ ~ .lC Up to a maximum of 30 cents. ¥~heelchairs will be carried free. PART T~IO: By the hour. For the first hour or part thereof ........................ g 2.00 For each additional fifteen (15) minutes .................. ~ 1.O0 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 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 ...... ~ .lO Up to a maximum of 30 cents. Wheelchairs will be carried free. TAR ~'F "B" Rates for livery cabs, except vehiclos serving weddings or funerals: For each 15 minutes or part thereof ....................... ~ 1.OS Ninimum charge per trip ................................... ,% 2.00 "S C HE D U L E T %~ 0" Taxi Cab Licences issued under the prov~sio~ of this By-law shall be in accordance with the following schedule annually, and shall be non-transferable. Seven (7) Licenses to: Temple Taxi Thomas E. Austin, Bunbarton P. O., Ontario. Five (5) Licenses to: Don's Taxi ~7, D. ~owry, 131 Exeter Road, Ajax, Ontario. Three (3) Licenses to: Atlantic Taxi Atlantic Taxi Company, Ltd., 6100 Kingston Road~ Uest 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. "SCHEDULE THREE" THE BY-LA~ ENFO~CE4~NT OFFICER OF THE TC~HIP OF PICKERING SHALL NOT, IN ANY YEAR, ISSUE MORE T~AN N~U~U~OEN (~9) TAX~ ~ LZOS~S~S.