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Location: cityofbardstown.org > Ordinances Taxicabs
Section 111.01 Definitions 111.99 Penalty § 111.01 DEFINITIONS. For purposes of this chapter the following words and phrases shall have the following meanings ascribed them respectively. (A) "DRIVER." Every person in charge of or driving any taxicab as herein defined whether as agent, employee, or otherwise. (B) "OWNER." Any person, firm or corporation who has the bona fide legal title or control direction, operation, maintenance, leasing or the collection of revenues from taxicabs operated for hire on the streets of the city. (C) "TAXICAB." All motor vehicles propelled and operated for passage for hire subject to call from a garage, or otherwise operation for hire, except motor buses running and operating on established routes, sightseeing buses, funeral vehicles, and limousine services. (D) "TAXIMETER." Any instrument or device attached to a vehicle measuring mechanically the distance or time which the taxifare is based and recording by figures on a dial the fare as it accrues. (E) "WAITING TIME." Such time when the taxicab is not in action, beginning with the arrival at the place to which it has been called, or the time consumed while standing at the direction of the passenger. § 111.02 LICENSE REQUIRED. (A) No person shall operate a taxicab without first having obtained a taxicab license from the city for each taxicab so operated. Those wishing to apply for such a license shall first file a City of Bardstown Application for taxi operation license provided by the City Clerk. (B) The City Clerk shall promptly notify the City Administrator of all applications filed hereunder. The City Administrator shall investigate each taxicab operator and driver's license application, and may conduct hearings as necessary to determine the truth of the information on the application; the operating condition of the taxicabs; the health, vision, hearing, physical coordination, criminal record, sobriety, intelligence, moral character, and experience of taxicab drivers; and any other matters relevant to the legal and safe operation of taxicabs; and the financial responsibility and insurance coverage, including liability insurance of taxicab operators in the city. After the investigation and hearing, and within 30 days after the application is filed with the City Clerk, the City Administrator shall file with the City Clerk his written recommendation whether to reject or to grant, conditionally or unconditionally, the license. (C) No taxicab operator's license shall be issued to or held by any person, partnership, or corporation unless the occupational license required by Ch. 117 is obtained and fully paid. There shall be no proration of the license tax for part of a tax year. (D) No taxicab operator's license shall be issued to or held by any person, partnership, or corporation unless a certificate of necessity has been granted by the Kentucky Department of Motor Transportation, as required by KRS Ch. 281, and operators shall continue to maintain on file and make available for inspection at any time a complete list of taxicab drivers employed by the operator, showing the name, address, age, and driver or chauffeur's badge number of each driver, and all changes of drivers shall be promptly noted on the list as required by KAR 601‑1:115. § 111.03 LIABILITY INSURANCE A PREREQUISITE. (A) Before any taxicab license is issued for a taxicab the owner shall file with the city council, a policy of liability insurance in some good and solvent incorporated insurance company licensed and admitted to do business in Kentucky, which policy shall continuously cover each and every taxicab owned or operated or leased by the applicant and by which the insurance company shall be liable in the sum of not more than $25,000 for any one accident resulting in bodily injuries to or the death of one person, and not more than $50,000 total liability on account of any one accident resulting in bodily injuries to or death of more than one person regardless of whether the taxicab was being driven by the owner, his agent or lessee. The policy shall further provide that the insurance company shall be liable in the sum of $10,000 for any and all property damage which may occur by reason of the negligent or careless operation of any taxicab covered by the policy, and regardless of whether the taxicab was being driven by the owner, his agent or lessee. (B) The policy shall further provide that insolvency or bankruptcy of the insured shall not release the insurance company from any payment due under the policy and if by reason of such insolvency or bankruptcy an execution on a judgment against the insured is returned unsatisfied, the judgment creditor shall have a right of action against the insurance company to recover the amount of the judgment to the same extent that the insured would have had to recover against the insurance company had the insured paid the judgment. (C) The policy shall further provide that it may not be canceled until after 30 days' notice to the city council. (D) If the owner shall fail within the 30 days to provide another policy of like kind and manner, the taxicab license provided for herein shall be revoked by the city council as of the day the insurance ceases to be in effect. § 111.04 TAXICABS TO BE DISTINGUISHABLE FROM ONE ANOTHER. Before any taxicab license is issued for a taxicab, the vehicle to be licensed shall be painted such a color or combination of colors so as to be readily distinguished from all other taxicabs operating in the city. There shall be painted on both sides and the back of each taxicab the name of the company under which the taxicab is operating. The letters composing the painted name shall be at least 4 inches high and in a color of sharp contrast to that color upon which it is painted. A number, designated by the company, shall also be painted in 4 inch numerals on several different places on the vehicle so that the number can be read from any direction. All taxicabs operating under one trade‑name shall be painted alike. § 111.05 OWNERSHIP. Before any taxicab license is issued for a taxicab as herein defined, the ownership of such vehicle is to be clearly determined as follows: (A) If the taxicab company is a corporation, regular, legal corporation papers shall be filed in the county clerk's office and all such vehicles to be licensed shall be owned and in the name of such corporation (B) If the company is a partnership, regular, legal partnership papers shall be filed in the county clerk's office and all vehicles to be licensed shall be, as shown on the state license receipt, in either the name of the partnership or the name of one of the partners. (C) Any taxicab company, not a corporation or partnership but individually owned shall file the necessary documents in the county clerk's office which would clearly establish such company as a business in the city and all vehicles licensed shall be owned and in the name of either the company or recorded owner. § 111.06 PAST REPUTATION OR CRIMINAL RECORD OF OWNER. No person shall be given authority by the city council to obtain a taxicab license whose past criminal record or moral reputation may, in the opinion of the city council, result in an immoral, unsafe or dishonest operation of the taxicab. In the event a person after obtaining a taxicab license shall be convicted of a criminal offense or engage in immoral activities causing him, in the opinion of the city council, to become an immoral, unsafe or dishonest operator, the city council reserves the right to suspend or revoke the taxicab license, and if such person is a partner in a taxicab company doing business as a corporation, the partnership or corporation shall immediately sever all relationship with the person subject to revocation of all taxicab licenses in their possession. § 111.07 TAXIMETER REQUIRED. Before any taxicab license shall be issued for a taxicab as herein defined, the taxicab shall be equipped with a taximeter of such type and design as may be approved by the city council and shall conform to the specifications required in § 111.09. § 111.08 INSPECTION. All vehicles for which taxicab licenses are sought, shall be inspected by a member of the police department to determine whether all the provisions of this chapter have been compiled with as well as compliance with all city and state laws governing the mechanical condition of motor vehicles. § 111.09 TAXIMETER REGULATIONS. It shall be unlawful for any owner, lessee or driver operating any taxicab under the provisions of this chapter to operate any taxicab unless it is equipped with a taximeter of such type and design as may be approved by the city council, and it shall be the duty of every owner using any taximeter to at all times keep meter accurate and meter shall be subject to inspection from time to time by the members of the police department of the city, and any member of the police department or any peace officer is authorized on the complaint of any person, or without such complaint, to inspect the taximeter, and upon discovery of any inaccuracy of any taximeter, to at once notify the chief of police who shall cause the taxicab to be kept off the streets of the city until the taximeter shall be in perfect working condition. (A) All taximeters shall be placed so that the reading dial showing the amount to be charged shall be well lighted and readily discernible by the passengers riding in such taxicab. (B) The taximeter shall be operated from any part of the propelling wheels or propelling machinery of the car on which it is placed. (C) It shall be unlawful for any driver of a taxicab while carrying passengers to display the flag attached to the taximeter in such a position as to denote that such vehicle is not employed, or to throw the flag on the taximeter in a recording position when the vehicle is not actually employed, or to fail to throw the flag of the taximeter in a non‑recording position at the termination of each and every service. (D) All taximeters shall be so equipped that a tattletale light will be illuminated when the meter is in operation whether it be on a recording or non‑recording position. Such tattletale meter light shall be affixed to the top of the taxicab so that it is visible from all directions for a distance of at least 200 feet. § 111.10 RATE OF FARE. (A) No person, firm or corporation operating or controlling any motor vehicle operated as a taxicab within the limits of the city shall charge to exceed the following rates to be determined by the taximeter; (1) For the first 1 mile or fraction thereof, (2) For each additional 1/5 mile or fraction (3) For each additional passenger for the entire (4) For each one hour waiting a charge of $18.00 (B) Hour basis, maximum rates. For the use of any taxicab for hire by the hour, with the privilege of going from place to place and stopping as often as may be requested, $6 per hour may be charged, plus the mileage rate set out in subsection (A). (C) Hiring by day. For the use of any taxicab for the day, the rate may be at any amount fixed by written agreement between the parties. In the absence of a written agreement, the rate shall be the hour rate fixed in subsection (B), plus mileage, as set out in subsection (A). (D) Dead mileage. No charge shall be made for a distance less than one mile traversed by a taxicab within the city limits going to respond to a call, but for a greater distance, a charge of $.20 a mile may be made for each mile or fraction thereof in excess of the first mile. However, no return charge whatever will be made for any distance traversed regardless of the point of commencement or finish of the trip made. (E) A charge of $1 may be made for each trunk, but no charge shall be made for the usual hand baggage carried inside the cab. (F) If demanded by the passenger, the driver in charge of the taxicab shall deliver to the person paying for the hiring of the same, at the time of such payment, a receipt therefor in legible type or writing, containing the name of the owner and any items for which a charge is made to the total amount paid. (G) Prepayment of fare. Every driver of a taxicab shall have the right to demand payment of the regular fare in advance and may refuse employment unless so prepaid, but no driver of a taxicab shall refuse or neglect to convey any orderly person or persons, upon request, anywhere in the city unless previously engaged or unable to do so. (H) No driver of a licenses taxicab shall carry any other person than the passenger for whom he has been engaged, without the consent of the passenger. § 111.11 DISPLAY OF TAXICAB INFORMATION. Every taxicab used for the carrying of passengers for hire shall display in the rear of the driver's seat and in the passenger's compartment and in full view of the passenger or passengers, a card not less than 2 by 4 inches, which shall have printed thereon the name, business address, and telephone number of the owner, together with the rates to be charged by the vehicle. § 111.12 FAILURE TO PAY FARE. Whoever, with intent to defraud the owner or driver of any taxicab, absconds without payment or offer to pay the accrued fare, shall be fined not more than $25 or imprisoned not more than 10 days or both. Refusal to pay the lawful charge or absconding without payment or offer to pay, shall be evidence of intent to defraud. § 111.13 SUSPENSION AND REVOCATION OF TAXICAB LICENSES. The taxicab license granted under this chapter may be revoked at any time by the city council, if the vehicle shall be used for immoral or illegal purposes, or if the driver of the vehicle shall be convicted of a violation of any city, state or national law, of if the owner or driver shall violate any of the terms of this chapter. The license so revoked shall not be re‑issued. The taxicab license may also be suspended at any time by the city council if the vehicle shall not be in good operating condition and appearance. Licenses when so suspended shall not be re‑issued until the vehicles and all appurtenances shall be put into proper condition for use by the public. § 111.14 TRANSFER OF LICENSE. Whenever a vehicle, for which a taxicab license has been issued, is traded in, or sold, or otherwise disposed of, and a new or different vehicle is to be put in its place, a transfer of the taxicab license is to be effected before the vehicle is operated as a taxicab. § 111.15 TAXICAB PERMIT REQUIRED. (A) It shall be unlawful for any person to drive, operate or be in charge of any taxicab without first having obtained a permit in writing form the city council to do so. Applicants for a permit shall file with the city council an application in writing upon blanks to be furnished by the city council, giving such information as it may require. The application shall also state the experience of the applicant in driving motor vehicles, the physical condition, including the eyesight of the applicant, and be signed by a reputable physician of the city. It shall also state whether such person has ever been convicted for violation of the motor vehicle, or traffic, or criminal laws, either city, state or federal, the number of times and the various offenses charged. Every permit granted shall entitle the holder thereof to drive a taxicab through December 31 next at which time the permit shall be renewed provided the holder of same is still eligible, under the provisions of this chapter, to drive taxicab. The city council shall issue to the recipient of a driver's permit, a cardboard permit containing the name and address of the driver, his or her picture and the name of the taxicab company for whom he or she is to drive. (B) It shall be unlawful for any driver to operate a taxicab in the city unless the driver's cardboard permit is posted in the taxicab in such a place as may be visible to the passengers therein. (C) If a driver leaves the employ of the taxicab company for which he has been given a driver's permit, it shall be unlawful for him to drive for any other company until he has obtained a new driver's permit from the city council. It shall be unlawful for the owner of any taxicab to permit the operation of the taxicab by any person until the person has in his possession a driver's permit with the name of the company for which he is to drive, listed thereon. § 111.16 SUSPENSION AND REVOCATION OF DRIVERS' PERMITS. The drivers' permit, granted under this chapter, may be suspended or revoked at any time by the city council if the driver allows the taxicab he is driving to be used for immoral or illegal purposes or if the driver shall be convicted of a violation of any city, state or national law or if the driver is involved in a number of accidents, which, in the opinion of the city council, deems the driver as unsafe or if the driver shall violate any of the terms of this chapter. § 111.17 PASSENGERS. (A) It shall be the duty of the driver of any taxicab to accept as a passenger any person who seeks to use the taxicab, provided the person is not intoxicated and conducts himself in an orderly manner. No person shall be admitted to a taxicab occupied by a passenger without the passenger's consent. The driver shall take his passenger to his destination by the most direct available route from the place where the passenger enters the taxicab. Taxicabs shall at all times, when in operation and not engaged by a passenger, furnish service on demand. No taxicab shall carry more passengers than the number designated as its seating capacity in the operator's application. (B) It shall be unlawful for any owner of a taxicab, or his officers, agents, or servants, to park any taxicab on any public street or alley in the city except for the purpose of receiving or discharging passengers or loading or unloading merchandise. § 111.18 MANIFEST. (A) Every driver shall maintain a daily manifest, upon which are recorded all trips made each day, showing time and place of origin and destination of each trip and amount of fare; and all such completed manifests shall be returned to the owner by the driver at the conclusion of his tour of duty. The forms for each manifest shall be furnished to (B) Every holder of a certificate of public convenience and necessity shall retain and preserve all driver manifests in a safe place for at least one (1) year, and said manifests shall be available to the commissioner of finance. § 111.19 TAXICABS FROM OTHER JURISDICTION. Taxicabs having no Bardstown license and whose place of business is not in the city may bring passengers into Bardstown, but may not pick up any passengers unless paid passenger has made previous arrangement for such pick up and whose destination is within the area in which the taxicab is licensed to do business. § 111.20 PURCHASE OF PARKING SPACE. (A) Any individual, firm or corporation licensed to operate taxicabs within the city may upon application to the city council purchase exclusive parking privileges on the streets of the city at such places as may be designated or approved by the city council. (B) Any individual, firm or corporation purchasing such privilege shall pay $3 per linear foot per year for any parking space so purchased and shall be required to purchase not less than 20 linear feet. A parking space so purchased shall be appropriately marked by the police department and the parking of vehicles therein, other than taxicabs, belonging to the purchaser of the parking space, shall be prohibited.
§ 111.99 PENALTY. Any person, firm, or corporation violating any of the provisions of this chapter shall be guilty of a violation, and in addition to having its license revoked, shall be fined not less than $10 nor more than $100, for each offense.
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