HomeMy WebLinkAboutBy-law 3544 A By-law of the Corporatic~ of the
Tow~hip of Pickering for the licensing,
regulating and governing of owners and
drivers of texi-cabs and other motor
vehicles for hire and establishing the
rates or fares to be charged by the
~ners or drivers of cabs and livery
cabs for the conveyance of passengers
within the Town,ship of Pickering.
WHEREAS The Corporation of the Townsl~ip of Picketing
has pursuant to the Nunicipal Act, R. S. O. 1960, Chapter 249,
Section 395, authority to enact this By-law.
NOW THEREFORE T~ COUNCIL CF TH~ C~PORATION CF THE
T~fk~HIP OF PIC~RING ~REB!~ ENACTS AS FOLL~:
1. FOr the purpose of this By-law:
(a) "BY-LA~ ENFORCEME~ OFFICER" means the By-law
Enforcement Officer of the Township of Pickeriug
appointed by the Council of the Township of
Pickertng.
(b) "CHIFF OF POLICE" means the Chief of Police for
the Township of Pickering.
(c) "CAB" means any vehicle re§~larly used for hire
for the conveyance of persons within the ~uni-
cipality and shall include Leased Automiles and
Livery Cabs.
(d) "LF~A~MD AUTOMOBILe" means any vehicle rented by
the o~ner thereof and used exclusively by the hirer
for his o~n 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 o
(f) "FLEET ~" 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) "INDEPE~ENT CAB OYSTER" 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 employmr.
(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 LI~E~E" means a license issued by the
By-law Enforcement Officer of the Township of
Pickeringunde~ tPm provisions of this By-law with
the approval of the Council of Picketing.
2. (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 F~rformance
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.
(3) Notwithatanding any other section of this
By-law Council on the recomn~endation of the
Chief of Police may suspend pending 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, dates 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 a
tariff card, setting forth the rates and fares
specified in Schedule i hereto, and to each
driver and the owner if he drives his own car,
a badge, both said badge and card to have the
nt, mher 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.
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 license from the Township of Pickering.
(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
be the property of the Township of Pickering.
CAB OWNER'S LI~F,:
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 O~ner shall be able to speak, read and
write understandable English.
?. A Fleet 0~r~e~' shall take out a separate cab license
for each cab to be operated.
8. Every u,nsr shall apply for and obtain a cab driver's
license before driving a vehicle as a cab.
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
P~blic Liability and Property D~mage. 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.
llo Every licensed cab owner shall keep the nam~ 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 eix 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 lioensed under this By-law shall
~ploy any female driver between the said hours.
CAB DRIVER'S LI(ENSES:
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' forNard 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
act~ as a driver, shall carry on his person a
metal badge furnished by the Department and shall
display constantl.v on the ~utside of his clothing
and shall allow any person to note the number
there on.
(b) Every driver and every owner shall at all times
when driving a cab have his photograph and name
affixed to the rear of the front seat in such
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 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 ~edical Officer of Health may make a report
of sue/~ examination to the Chief of Police.
(c) ~o ovzner or driver of a cab carryi~g passengers
shall smoke any cigar, cigarette, tobacco or
other substance while driving the cab.
(d) Every driver licensed under this by-law and
every o~ner, if driving his own cab, shall be
properlf 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 ay wise obstruct the use of the
sidewalk or make any loud noise or disturbance.
TAXICAB BROKERS LI~.~SE:
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 Picketing, carry
on as a taxicab broker until he has pro=areal 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
cnangzng his address, notify the Chiel' of Police
thereof, within 1~o days and give his new address.
PERTAINE~G TO V~!II~C~S:
19. (a) EVery motor vehicle licensed under this By-law
shall be kept in good repair and the interior
and exterior kept clean.
Upon demand of any Police ~onstable or ~fi~icer,
sp~ointed for enforcing this By-law, the o~er
~hall produce said vehicle for inspection.
Vehicles sbmll 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
~ner shall forthwith remove t~ vehicle from
the road until such defects or faults have been
rectified, an~, on completion of same, shall
again oroduce the vehicle for police inspection
before returning it to the road.
(d) Every cab shall be equipped with a spare wheel
and tire properl~ inflated and ready for use.
(e) The taxicab number plate issued under this
~y-law shall, at all t~es, 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.
(1~ ) A vehicle licensed under this By-la~.~ shall not
be operated at a speed greater than that laid
down by the ?~igh~a~ Traffic Act, and shall not
be operated in such a manner as to be dangerous
to the public.
(E) No owner or driver shall drive a cab with
luggage or other material piled or placed in a
manner that obstructs hie view.
(h) No person licensed under this By-law shall
carry in an~ 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 front 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 carefully search his
cab for any property lost or left therein, and
all property or money left in his cab shall be
fort~ith 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 o~ner 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 th~n 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 aut~zobiles, and automobiles
which the Chief of Police deems to be of
insufficient size to be operated as cabs.
(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.
~,~RS 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 is sealed.
(f) N~mbered 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 anv direction outside the
cab when such meter is not in operation, and
shell 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 ~ner or driver of a cab equipped with a taxi-
meter shall not operate such cab when the taximeter
has been c~ged, 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
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 hi~ 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 T~O of TARIFF "A" of SC~DULE OR 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 an~r 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 t he 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 n~me
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 s~hall not accept
ar~y ~.~gagement 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, u~Aless 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 ~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 t~ade, calling, business or
-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-l~z 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 Dy-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 t~ bagatelle table type,
or any other device of a similar nature, but
net 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 a~tv time
during the month of December.
33. (i) The fees payable under this By-law shall be
on ,'~ annual basis and shall be paid to the
T~'~surer on application for a license. The
said fees shall be payable as follows:
FOR EACH CAB .................................. $10.OO
TAXICAB OWNER
For original license ............ ~100.00
For renewal ...................... ?~0. O0
FOR EACH FLEET O¥~ER'S STAND .................. g15.OO
FOR EACH CAB DRIVER'S LI~NSE .................. $2.50
(ii) The annual fees p~able under this By-law shall
not be prorated, in the event that a license is
applied for and ob%ained for a period of less
than one year.
32. 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 (f~300.OO)
exclusive of costs, recoverable under the Ontario
Summary Convictions Act, and in default of payment
of such fines and costs, shall be liable to imprison-
ment 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 ~l~mber 3351 be and the same is hereby repealed.
By-law read a first time this f~ day of ~ 1968.
By-law read a second time this /6 day of ~ 1968.
By-law read a third time and passed this f~ day of ~ 1968.
"SCHEDULE THREE"
THE BY-LA~/ENFCRC~.~NT OFFICER OF
THE TO~&~SHIP OF PICKERING SHALL NOT,
IN ANY YEAR, IBSUE MC~E THAN NINETEEN
(19) TAXI CAB LI(ENSES.
"SCHEDULE TWO"
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) Licenses to: Temple Taxi
Thomas E. Austin,
Dunbarton P.O., Ontario.
Five (5) Licenses to: Don's Taxi
~Y. D. ~owry,
l~l EXeter Road,
Ajax, Ontario.
Three (3) Licenses to: Atlantic Taxi
Atlantic Taxi Company, Ltd.,
61OO 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.
"SCHEDULE ONE"
TARIFF "A"
PART 0~: By Distance.
One to Four Passengers:
For the first one-third mile or part thereof .............. $ .55
For each additonal one-third mile or part thereof ......... $ .lO
For waiting time while under engagement, for each
l½ minutes ....... ~ .lO
For each additional passenger in excess of four ........... .~i~ .20
Baggage (other than shopping or grocery bags);
For each trunk (32 inches by 18 inches by 9 inches er
3 cu. ft ......... $ .5o
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.
%'fneelchairs wall be carried free.
PART TWO: By the hour.
For the first hour or part thereof ........................ $ 4.00
For each additional fifteen (15) minutes .................. $ 1.CO
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 ~ .rtons containing groceries (if loaded and
unloaded by driver) per bag ...... $ .10
Up to a 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