On motion of _________________, seconded by ____________________,
the following Ordinance was offered:
SUMMARY NO. 23726 ORDINANCE NO.
An Ordinance amending Chapter 38 of the Jefferson Parish Code of Ordinances relative to clarifying procedures and regulations for vehicles for hire and the Department of Inspection and Code Enforcement’s responsibility for the administration and enforcement of the provisions of Chapter 38 of the Jefferson Parish Code of Ordinances, and otherwise providing with respect thereto. (Parishwide)
THE JEFFERSON PARISH COUNCIL HEREBY ORDAINS:
SECTION I. That Chapter 38, Vehicles For Hire, be amended to be and read as follows:
ARTICLE I. - IN GENERAL
Sec. 38-1. - Definitions.
The following words and phrases when used in this chapter shall have the meanings as set out herein:
Certificate or C.P.N.C. (C.P.N.C.) means a certificate of public necessity and convenience issued by Jefferson Parish the department of inspection and code enforcement, authorizing the holder to conduct a taxicab business in the parish.
Director means the director of the Department of Inspection and Code Enforcement, or the director’s duly appointed agent(s), including but not limited to the Department of Citizen’s Affairs and/or the Department of Transit Administration.
Dispatch Station means a physical location with dispatching via two-way communications or mobile self-dispatching via hands-free mobile communications.
Driver includes every person in charge of, driving or operating any vehicle mentioned in this chapter, either as agent, employee or otherwise.
Driver's permit means the permission granted by Jefferson Parish the department of inspection and code enforcement to the to a person to drive a taxicab upon the streets of the Parish.
For-hire vehicle means a public passenger vehicle, including limousines, for hire only at a charge of fare for each passenger per trip or for each vehicle per trip fixed by agreement in advance or by the length of time for which the vehicle is engaged.
Manifest means 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 fare of each trip.
Narcotic drugs include "coca" leaves, opium, cannabis, marijuana, isonipecain and every synthetic substance known to have narcotic action, being further defined as, but not limited to the following:
(1) Coca leaves includes cocaines and any preparation of coca leaves except derivatives from which cocaine and econine cannot be synthesized;
(2) Opium includes morphine, codeine and heroin and any preparation of opium, but not including apomorphine or any of its salts;
(3) Cannabis includes all parts of the plant Cannabis sativa L., and every compound, mixture, salt, derivative or preparation, but does not include fibers, oils, or sterilized seeds of such plant which are incapable of germination;
(4) Marijuana includes the plant or any of its derivatives, or any article which either in whole or in part contains quantity, dried or otherwise, of the Mexican plant marijuana;
(5) Isonipecaine or any salt thereof by whatever trade name identified;
(6) Synthetic substances such as dilaudid, methaodone, etc., and all others having a narcotic effect on the human system;
(7) The salts and derivatives of barbituric acid (malonylurea) or preparations, all hypnotic and/or somnifacient drugs whether or not derivatives of barbituric acid;
(8) Central nervous system stimulant means amphetamine and desoxyephedrine, and any derivative, compound, mixture or preparation thereof.
Owner means any person, firm, partnership or corporation that is the legal registered owner of vehicles defined in this section.
Person includes any individual, a corporation or other legal entity, a partnership, and any unincorporated association owning, driving, controlling or operating any motor vehicle defined in and regulated by this section.
Sightseeing vehicle and buses mean any for-hire passenger vehicle used principally on sightseeing tours at a charge or fare per passenger for each tour fixed by agreement in advance or for hire otherwise at a charge for each vehicle per trip fixed by agreement in advance.
Street means the parking and travel lanes of any public street, avenue, road, boulevard, alley, lane, highway, drive, or the parking and travel lanes of any public park, railroad station, depot, airport, ferry landing, or the parking and travel lanes of any other public place under control of the Parish which are used regularly or may be used by taxicabs to pick up or discharge passengers.
Taxicab or taxi means any motor vehicle duly licensed to be operated as such by the Parish department of inspection and code enforcement, which is used for the transportation of passengers or packages over a route or to a destination that is controlled by the passenger or passengers.
Taxicab stand means a place where taxicabs are permitted to park as well as to pick up and to discharge passengers.
Taxicab zone means a place where taxicabs shall be permitted to pick up and discharge passengers, but not to park.
Taximeter means a mechanical or electronic instrument or device by which the charge for hire is mechanically or electronically calculated either for waiting time, for the distance traveled, or for both, and upon which such charge shall be indicated by means of figures. The taximeter must not be adjusted or programmed in any way to record any charge other than that established by ordinance.
Sec. 38-2. - Exemptions from chapter.
(a) The provisions of this chapter shall not apply to vehicles operated by a local transit service over a definite and fixed route or to any vehicles operating under franchises or indeterminate permits issued by the Parish.
(b) The provisions in this chapter shall not apply to limousines used for operated in the course of wedding and funeral services.
Sec. 38-3. - Duties and powers of the Department of Inspection and Code Enforcement department of inspection and code enforcement.
(a) It shall be the duty of the director of the Department of Inspection and Code Enforcement department of inspection and code enforcement to see that all applications to own or operate taxicabs conform to all requirements established by this chapter. The Department of Citizen’s Affairs and/or the Department of Transit Administration and/or any other duly appointed agent(s) may, when so charged by the director, perform related duties on behalf of and at the direction of the director. It shall be the primary responsibility of the department to administer and enforce all of the provisions of this chapter.
(b) The Department of Inspection and Code Enforcement department of inspection and code enforcement may make and incorporate such rules and regulations and prescribe such forms as are necessary to carry out the provisions of this chapter. These provisions shall include, but not be restricted limited to:
(1) The right to limit the number of taxicabs operating in the parish;
(2) The right to designate taxicab stands and zones on the public streets of the Parish;
(3) The right to regulate taxicab starters and taxicab dispatchers;
(3)(4) The right to approve or disapprove all stand locations and any contracts regarding such locations on private property;
(4)(5) The right to limit to the number of C.P.N.C.'s issued. Such limits may be increased or decreased upon recommendation by the taxicab division, approval by the Department of Inspection and Code Enforcement department of inspection and code enforcement, and ratification by the Parish Council;
(5)(6) The right to approve persons in the taximeter servicing and inspection business residing in the Parish;
(6)(7) The right to designate the maximum age of a vehicle used for transportation;
(7)(8) The right to require running boards on vehicles deemed inordinately high for the access and discharge of passengers.
Sec. 38-4. - Operation by taxicabs licensed elsewhere.
(a) No owner or operator of any vehicle authorized to operate in any parish other than the Parish of Jefferson or in any political subdivision thereof shall stop or park anywhere on the Parish's streets where such stopping or parking is now limited prohibited to any taxicab or other for-hire vehicle operated under a C.P.N.C. from the Parish, or stop or park anywhere in the Parish with intent to violate this chapter. Nor shall any such owner or operator of any such vehicle operate the vehicle in any manner contrary to the provisions of any law of this state or the ordinances of this Parish. Nor shall any such owner or operator of any such vehicle at any time utilize taxicab stands established for the use of taxicabs authorized to operate in the Parish.
(b) Taxicabs and other for-hire vehicles authorized to operate in any jurisdiction other than the Parish of Jefferson parish, or subdivision thereof, may transport passengers from such jurisdiction parish, or subdivision thereof, to a destination within or beyond the Parish of Jefferson. No owner or operator of such taxicab or other for-hire vehicle shall accept a fare, or transport a passenger for-hire, within the Parish of Jefferson for delivery within the Parish of Jefferson, or from within the Parish of Jefferson to another jurisdiction parish.
(c) The prohibition in section (b) above prohibiting the owner or operator of a taxicab or other for-hire vehicle authorized to operate in any other jurisdiction parish, or subdivision thereof, from accepting a fare, or transporting a passenger for-hire, within the Parish of Jefferson for delivery within the Parish of Jefferson, or from within the Parish of Jefferson to another parish shall not apply to taxicabs or other for-hire vehicles authorized to operate in any other parish, or subdivision thereof provided said taxicabs or other for-hire vehicles are performing services pursuant to a contract with the Regional Transit Authority (RTA) to provide paratransit services to the Regional Transit Authority (RTA) and actually performing services under said contract and transporting a passenger certified as a user with the Jefferson Parish Mobility Impaired Transit System (MITS) and/or the Regional Transit Authority LIFT System (LIFT) at a MITS/LIFT connecting location within Jefferson Parish as designated by the Jefferson Parish Department of Transit Administration.
Sec. 38-5. - Taxicab zones and stands.
The director of the department of inspection and code enforcement is hereby authorized as a protective measure to designate the location of taxicab and other for-hire vehicle stands on the streets and other public and private places in the parish. Such stands shall be marked by appropriate signs and shall be reserved exclusively for the parking of taxicabs, or other for-hire vehicles, as specified by such signs, while waiting to pick up passengers for hire.
Sec. 38-6. - Regulations for owners.
All taxicab owners shall comply with the following regulations:
(1) Report change of employment of drivers;
(1)(2) Require drivers to have valid permits;
(2)(3) Report any driver to the Department of Inspection and Code Enforcement taxicab division who, in his opinion, is not qualified to hold a driver's permit, stating the reason therefor;
(3)(4) Report all accidents to the Department of Inspection and Code Enforcement department of inspection and code enforcement;
(3)(4)(5)Only four-door vehicles having four or more doors may to be used as taxicabs; with the four-door requirement being waived only for mini-vans that do having a vehicle weight rating of five thousand, five hundred (5,500) pounds or less, a wheel base of not less than a minimum of one hundred twelve (112) inches or a maximum of no more than one hundred twenty inches (120), and sport utility vehicles with a wheel base of not less than a minimum of one hundred thirty-one (131) inches or more than one hundred thirty-two (132) inches, and does not seat more than six (6) passengers including the driver;
(4)(5)(6)Furnish to the Department of Inspection and Code Enforcement taxicab division all reports that the department of inspection and code enforcement may require;
(7) Keep such records of receipts from operations, payments to drivers, mileage run, accidents incurred and public liability claims paid, and such other information as the department of inspection and code enforcement may require, such records to be at all times open to inspection by the department.
Sec. 38-7. - Taxicab inspection station.
(a) There shall be a taxicab inspection station established and located by the Department of Inspection and Code Enforcement department of inspection and code enforcement. The taxicab inspection station shall be manned by the Department of Inspection and Code Enforcement department of inspection and code enforcement or its agent and/or contractor, and shall be approved by the director of the Department of Inspection and Code Enforcement inspection and code enforcement. At this station, the general condition of the taxicab with relation to safety, advertising, and metering devices shall be determined.
(b) Every taxicab shall be inspected semi-annually and a new inspection stamp shall be issued semi-annually upon approval of the inspector that such taxicab is in a condition to continue safe operation for the public necessity and convenience. Vehicles in an unsafe condition may be condemned by the Department of Inspection and Code Enforcement department of inspection and code enforcement. Such reports by the inspector shall be on forms supplied by the department.
(c) The fee for such semi-annual inspection stamp shall be twenty dollars ($20.00) and such stamp shall be displayed on the inside of the front right windshield of the taxicab. department of inspection and code enforcement. Failure to obtain the inspection stamp within the specified time shall result in the payment of a ten dollar ($10.00) delinquent fee. It shall be unlawful to operate without such inspection stamp.
Sec. 38-8. - Designation of taxicabs.
(a) Each taxicab shall bear on the front, rear and both sides the C.P.N.C. number not less than three (3) inches in height and one-half (½) inch in vertical strokes.
(b) Each taxicab shall bear on each side the owner's name not less than two (2) inches in height and one-half (½) inch in vertical strokes.
(c) No vehicle covered by the terms of this chapter whose color scheme, identifying design, monogram, or insignia used on a vehicle or vehicles already operating under this chapter, shall be certified.
(d) No vehicle already certified shall change color scheme, designs, etc., to imitate other taxicabs in such a manner as to be misleading or tend to deceive the public. The C.P.N.C. covering such taxicabs may be suspended or revoked.
Sec. 38-9. - Taximeters.
(a) All taxicabs shall be equipped with taximeters fastened in front of the passengers, visible to them at all times day and night. Such taximeters shall be operated mechanically or electronically; driven either from the transmission, or speedometer cable, or from one (1) of the front wheels by a flexible and permanently attached driving mechanism. They shall be sealed at all points and connections which, if manipulated, would affect their correct reading and recording.