CITY OF FREDERICK

City Hall - 101 N. Court Street

 

Minutes

TAXI CAB COMMISSION MEETING

12:00 Noon

Monday, March 15th, 2004, – Boardroom, City Hall

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Present:  Alderman Dave Lenhart; Alderman Bill Hall, Kenny Shapiro, Lt. Tom Chase, Police Chief Dine, Lynn Stimmel, Jerry Wood, Richard Winters, William Bowie, Daniel Mahone, Veronica Bowie, Henry Ambush, Eileen Farrar

Not Present: Alderman Donna Kuzemchak Ramsburg

 

Item 1:  Approval of the minutes from March 8th, 2004 meeting.

Minutes were tabled to the meeting of March 22nd, 2004.

 

Item 2:  Continued discussion and review of complete Taxicab Ordinance

Alderman Lenhart opened the meeting by allowing Mr. Bowie and Mr. Wood to make any comments or statements with regard to the Taxicab Ordinance and the changes to date.  Mr. Richard Winters, attorney for City Cab stated his concern for the 30 minute time limit for a pick up.  Mr. Winters said that this did not allow for extraordinary traffic and weather or superceding instances and was concerned about the generation of complaints.  Mr. Winters was also concerned about the  fines that are assessed to the permit holders when the taxicab operator is held to be responsible. Mr. Shapiro stated that in Section 23-22 of the ordinance part (k) could be changed to state arrive within 30 minutes for all service calls originating within City limits unless agreed upon the company and fare.   Mr. Winters wanted to add under normal conditions.  Alderman Lenhart would rather see something more specific, such as weather emergency and feels the citizens need a greater level of service and the permit holders need to be responsible. Mr. Shapiro stated that he could add another letter to this section to stated specific rush hours and delineate times.  Mr. Winters agreed and stated that rush hours are consistant and weather conditions can be documented should there be a complaint. More discussion continued as to what rush hours should be.  Alderman Lenhart stated that the morning rush hours would be written as 6:00 a.m. to 8:00 a,m. and evening from 4:30 p.m. to 6:30 p.m. with a pickup time limit of 45 minutes. 

 

Mr. Shapiro began the discussion at Section 23-28. 

            Section 23-28. – Withdrawing Taxicabs from Public Service; Replacement of Taxicabs.  

Replacement of Taxicabs is new wording. Part ( c)  added specific language with regard to the transfer of  taxicab permit to another specified vehicle.

            Section 23-29. Minimum Hours of Operation – Required.

(a) Minimum hours per week was changed to (60) hours during the hours of 8:00 a.m. to 8:00 p.m. on both weekdays and holidays.

 

Section 23-30 . “Taxicab” to appear on Vehicles; Distinctive Color Schemes or Insignia.

No discussion on this.

            Section 23-32. Taxicab Numbers.

Alderman Lenhart listed several suggestions to Mr. Shapiro for identification purposes to be added to the language in this section. 

Sections 23-33  thru 23-38.

No discussion and remained the same.

            Section 23-37. Clean and Sanitary condition Required; Ventilation

Alderman Lenhart asked if conditions could be written for illness of a passenger and or municipal infractions for vomiting.  Mr. Wood stated that most of the time he asks the fare to pay extra. After lengthy discussion it was decided that Mr. Shapiro would research this area and a decision will be made as to a possible fine or surchage for the time of the taxi to be out of service.  Mr. Shapiro stated that he could add a fee to the fee structure to include cleaning. 

            Section 23-39. Inspections – Authority of Police Department; Revocation or Suspension for Refusal to Permit Inspection, Display of Registration Card, etc.

Mr. Shapiro stated that new language was added to say if someone refuses to allow a member of the Frederick Police Department to do an inspection it is an immediate suspension and the permit holder has ten days to get their suspension lifted.  The Frederick Police Department is acting as a proxy to the administrating agency and Mr. Shapiro stated that language could be added to say this. 

            Section 23-40. – Notification of Taxicab Owners of Regular Inspection Period.

Alderman Lenhart asked Lt. Chase if there should be specific dates for inspection.  Lt Chase preferred to leave the wording in with flexibility to allow for random inspection.

            Section 23-41. Report of Accident.

This section included the 48 hours notification and the ($1,000.00) municipal infraction fine per day after 48 hours for failure to report an accident.

            Section 23-42. Vehicles to be Operated in Safe Manner; Obstructions or Windshields or Rear Window; Discharge of  Passenger. 

The wording with regard to decals for obstructions has been removed per  Ms. Stimmel’s request. 

            Section 23-43. Daily Records

No changes made

            Section 23-44. Responsibility of Driver to See that Equipment is in Good Working Order; Tampering with Rate Card, Fare meter, Speedometer Cable etc.

No changes made.

Article VI. Taxicab Owner and Operator Performance Measurements            

 

            Section 23-45. Complaints to Commission

This new section has been added after several discussions from previous meetings.

            Section 23-46. Notice of Complaint  

No discussion on this section

            Section 23-47. Contested Complaints, Hearing procedure.

                        (b) wording was added to state hearing shall be heard by at least (3) members of the commission and explains procedural due process.

            Section 23-48. Sustained Complaints, Sanctions.

This section explains the differences by action for one to five sustained complaints and the sanctions that accompany those complaints.

            Section 23-49. Duty of Taxicab Permit Holder to See that Operator Complies with Regulations Contained in this Chapter

This section explains section 23-50.

            Section 23-50. Permit Holder Causing or Permitting Violation of Chapter Deemed Guilty of Violation of this Chapter.

The permit holder that knowingly allows the operator to do things that are against the ordinance will be held liable.

 

Article VII Miscellaneous Provision.

 

            Section 23-51. Duty to Provide Continuing Information to Taxicab Commission.

                        (d) a notice requirement was added.

            Section 23-52. Records to be kept by Taxicab Administrative Agency.

This section explains the administrative agency shall keep all records pertaining to operating licenses and taxicab permits.

            Section 23-53- Failure to Pay Fares

No changes made

            Section 23-54- Rates and Metered Fares  

The addition of a cleanup or service charge will be added to this section.

            Section 23-55. Taxicab Stands

The taxicab stands will be made by resolution by vote of the Mayor and Board of Alderman for approval as a pilot program. Alderman Lenhart clarified the new locations that have been approved by the Streets and Sanitation committee.

Section 23-56. Appeal from Rulings of Taxicab Commission

No changes made.

 

Alderman Lenhart asked the Commission for any suggestions or comments.  Ms. Stimmel asked that the Ordinance be reviewed on a regular basis due to the changes in fees.  Mr. Shapiro stated that Section 23-57 could state review of Ordinance. The decision was made to have a mandatory review of the Ordinance every five years.  A new fee scheduled will be added as an appendix as suggested by Alderman Lenhart. 

 

 

 

 

Mr. Shapiro began a discussion on a Lottery procedure. Alderman Lenhart stated that he would like to not define this in the ordinance by defer it to where the Taxicab Commission will create a lottery that will be properly advertised and administered.  Mr. Shapiro stated that there would no longer be a waiting list. 

 

 

Mr. Winters was opposed to the suggestion by Alderman Lenhart that taxicabs be no older than 6 years and  have no more than a 350,000 miles and felt this would create an unnecessary burden on the permit holder in some cases.  Mr. Winters felt that if the fees are to be adjusted every five years by the ordinance, then the rates should be adjusted as well.  Mr. Winters stated that City Cab was going to give free cab rides on St. Patrick’s Day from 9:00 p.m. to 3:00am and will try to do this every year.  A lengthy discussion continued regarding how old vehicles should be and the mileage limitation of that vehicle.

 

Alderman Lenhart continued with the Taxicab release process.  Alderman Lenhart explained the time schedule of the permit release process starting with the date of initiation which would be two weeks from the approval of the Mayor and Board of Aldermen.  Mr. Shapiro stated that he would incorporate some language in this section of the ordinance which indicate that no waiting list will be used again and that all permits shall issue with notification being provided.

 

Mr. Winters raised the question of after what number of permits would a lottery be held. A lengthy discussion continued regarding the use of the number (67) for permits which would include all existing permits and the permits on the waiting list or the number (55) which would relate to the number of one permit per one thousand people in the city.  Alderman Lenhart stated that he would like Mr. Shapiro to state in the language of the ordinance that the city would make 67 permits available up to the fourth week of initiation and then any permits not purchased will subsequently be placed in a lottery. Alderman Lenhart added that any attorneys present that would like to make suggestions for this language could speak with Mr. Shapiro.  Alderman reviewed the structure for the lottery.  The existing 35 permit holders, would be the first to choose if they want to retain the permit.  The second step is 32 from the waiting list.  Those 32 will have an opportunity to apply to buy a permit for $1,000.each. If the number falls below 55 which is the one per one thousand, then those remaining will go to a lottery. 

 

Mr. Ambush stated his opinions regarding the rates that should not be charged for people on the waiting list and was concerned about the city acquiring old obsolete vehicles for taxicabs if no regulations are issued for age of vehicles. 

 

Mr. Mahone asked about the $500.00 fee for existing permits.  Alderman Lenhart stated that this  was the initial fee and each year after that it would be $100.00. 

 

Mr. Shapiro stated that the Taxicab Ordinance discussion is to be on the Mayor and Board workshop agenda for March 31, 2004. 

 

The next meeting will be on Monday, March 22nd, 2004 in the Boardroom at City Hall at 12:00 noon. 

 

Minutes submitted by Eileen Farrar.