CROSS REFERENCES
Power to regulate, RC 715.22, 715.66
Power to fix rates, RC 715.25
Taxicab Bureau, CO 127.39
Operate for hire defined, CO 401.30
Taximeter defined, CO 401.63
Appeal from license denial, suspension or revocation, CO 403.09
Taxicab stands regulated, CO 451.18
Taxicabs at airports, CO 571.13
The licensing and inspection of public hacks, the inspecting and sealing of taximeters, the examining of applicants for a license to drive such public hacks, and the licensing of drivers, as hereinafter provided, and the enforcing of the provisions of this chapter shall be under the control of the Commissioner of Assessments and Licenses.
(Ord. No. 1828-77. Passed 6-8-78, eff. 6-12-78)
As used in this chapter, certain terms are defined as follows:
(a) "Association" means a society, whether incorporated or not, organized for the purpose of benefitting a group of not less than 25 owners of public hacks by providing for its members, dispatching services, a uniform and distinctive color scheme, and collection and maintenance of operating records.
(b) "Company" means any person, partnership or corporation owning 25 or more public hacks having a uniform distinctive color scheme.
(c) "Driver" means the person in actual physical control of a public hack.
(d) "Independent operator" means any owner to whom either of the following applies:
(1) Is the owner of less than twenty-five public hacks;
(2) Does not provide his own dispatching services.
(e) "Owner" means any natural person, partnership or corporation having legal or equitable title to a public hack and includes lessors.
(f) "Public hack" or "Hack" means any public vehicle whose owner or driver secures or accepts passengers for hire on the public streets, or in public or quasi-public places, except carriages as defined in division (a) of Section 447.01 and vehicles operated by the Cleveland Regional Transit Authority.
(Ord. No. 2459-A-91. Passed 12-14-92, eff. 12-18-92)
The Commissioner of Licenses and Assessments is hereby authorized to promulgate such rules and regulations, not inconsistent with the provisions of this chapter, as he shall deem necessary to carry out the provisions of this chapter. Such rules and regulations shall become effective ten days after their publication in the City Record.
(Ord. No. 1828-77. Passed 6-8-78, eff. 6-12-78)
No public hack shall operate for hire upon the streets of the City without obtaining a license from the Commissioner of Assessments and Licenses. Such licenses shall be issued as of December 1, and shall expire on November 30, next succeeding, unless sooner suspended or revoked by the Commissioner. Application for a license for a public hack shall be made by the owner upon the blank forms to be furnished by the Commissioner, and such application shall contain the full name and address of the owner, the class of vehicle for which the license is desired, the length of time the vehicle has been in use, the number of persons it is capable of carrying, and the motor power thereof, together with the indemnity bond required by Section 443.06.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
(a) The Commissioner of Assessments and Licenses shall not issue a license to any independent operator until the independent operator provides the Commissioner with evidence that he is a member of, and will operate as part of an association approved by the Commissioner. No association shall be approved unless:
(1) The association agrees to provide dispatching services to its members.
(2) The association adopts and requires the use of a uniform and distinctive color scheme for the hacks of all its members.
(3) The association agrees to provide service to the public in accordance with the provisions of this chapter.
(4) The association agrees to assume the responsibility of collecting daily waybills and other operating records from individual members and maintaining the waybills and other operating records in one location. Waybills shall be retained for a period of at least one year and other operating records shall be retained for a period of at least three months. At all reasonable times, the association shall permit any duly authorized officer or employee in the classified service of the City to examine all property of the association.
(b) Should the association membership of any independent operator be terminated, either by the independent operator or by the association, for any reason, the association shall immediately notify the Commissioner of this fact in writing. The Commissioner shall forthwith suspend or revoke any license granted under this chapter to the independent operator until the independent operator provides evidence that he has become a member of an association.
(Ord. No. 1828-77. Passed 6-8-78, eff. 6-12-78)
(a) The Commissioner of Assessments and Licenses shall not issue a license to any company except on condition that such company will assume all the responsibilities required of an association by Section 443.021(a).
(b) The Commissioner of Assessments and Licenses shall suspend or revoke any license granted under this chapter to any company which fails to perform any duties required of associations by Section 443.021(a).
(Ord. No. 1828-77. Passed 6-8-78, eff. 6-12-78)
Public hack licenses issued pursuant to this chapter shall not be transferable from one vehicle to another.
Any person having a security interest of lien on any vehicle licensed as a public hack or on any equipment used in a public hack may notify the Commissioner of Licenses and Assessments of such security interest or lien. In the event the owner of such a vehicle or equipment does not apply for renewal of the license or the Commissioner of Assessments and Licenses suspends or revokes the license of such vehicle, the Commissioner shall notify the holder of the security interest or lien of such occurrence.
(Ord. No. 1828-77. Passed 6-8-78, eff. 6-12-78)
It is hereby determined that 500 licenses issued to owners of public hacks is sufficient to serve adequately the need for hack service in the City of Cleveland. Each public hack license shall be prominen vehicle.
No owner or company shall be issued more than 350 cab licenses.
(Ord. No. 1820-06, §2. Passed 12-11-06, eff. 12-14-06)
(a) No license for the operation of public hacks in excess of the limitation prescribed by Section 443.03 shall be issued unless Council shall by resolution declare that public convenience and necessity require the issuance of additional public hack licenses in the number set forth in such resolution. Upon the passage of such resolution, approved by the Mayor, the Commissioner of Assessments and Licenses shall be authorized to issue the specified additional number of public hack licenses.
(b) Before the adoption of such resolution, Council shall provide for public hearings as may be necessary to determine whether public convenience and necessity require the issuance of additional public hack licenses, and the number of any of such public hack licenses which should be issued to meet such public convenience and necessity. In determining whether public convenience and necessity require the issuance of any additional licenses for public hacks, Council shall take into consideration:
(1) The number of public hacks then licensed.
(2) Whether the requirements of public convenience and necessity can be met and complied with only by the issuance of additional licenses.
(3) The resulting effect upon the business of existing licenses and upon the existing agencies of mass transportation.
(4) The effect on traffic congestion and safety of the public using the streets.
(5) The effect upon working conditions and wages or other compensation paid to drivers of public hacks of existing licensees.
(6) The financial responsibility of the applicant.
(7) Any other fact which Council may deem relevant.
(c) No finding of public convenience and necessity shall be required for the issuance of licenses within the limitation of Section 443.03 and holders of existing licenses shall be entitled without such finding of convenience and necessity to retain their present licenses and secure renewals thereof upon the payment of the annual license fees.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
No license shall be granted for a vehicle over two years old, except that an existing license for a vehicle not more than five years old may be renewed if the Commissioner of Assessments and Licenses determines, after careful inspection of the vehicle, that it is in a thoroughly safe condition for the transportation of passengers, clean, fit, of good appearance, and well painted. For purposes of this section, the age of the vehicle shall be determined by comparing the calendar year in which the application for license is being considered to the model year of the vehicle.
When licenses or renewals of existing licenses are issued for any public hacks which may have been disabled, disqualified, sold or may otherwise not be available at the time of the granting of such licenses, no such vehicle which may thereafter be acquired for use in connection with any such licenses shall be placed in operation until it has been thoroughly and carefully inspected and examined and found to be in a thoroughly safe condition for the transportation of passengers, clean, fit, of good appearance and well painted. The Commissioner of Assessments and Licenses shall thereafter make inspections of such vehicles at least semiannually and may make inspections more frequently at his discretion.
The Commissioner shall refuse to permit the operation of any vehicle found by him to be unfit or unsuited for public patronage or to which a taximeter or acceptable radio receiver and transmitter is not affixed. He shall examine any taximeter attached to any public hack and see that the same is accurate before permitting the use thereof upon any public hack which may be placed in operation. The Commissioner is hereby authorized and empowered to establish reasonable rules and regulations for the inspection of public hacks and their appurtenances, construction and condition of fitness.
(Ord. No. 278-93. Passed 7-14-93, eff. 7-24-93)
(a) Effective six months from the date of passage of this ordinance, each taxicab shall be equipped with at least one of the following:
(1) A safety partition meeting the requirements of division (b) to completely separate the driver from the passenger section of the taxicab, and power windows and door locks that can be operated by the driver; or
(2) A surveillance camera or cameras meeting the requirements of division (c); or
(3) A safe meeting the requirements of division (d).
The Commissioner shall inspect each taxicab for compliance with these requirements as part of the vehicle inspections conducted pursuant to Section 443.05.
(b) All safety partitions installed in taxicabs shall meet the following design standards, and such additional requirements as may be established by regulation:
(1) The partition shall be constructed of a bullet-resistant material.
(2) The partition shall be designed to prevent a person in the passenger compartment from reaching the driver.
(3) The partition shall be designed to afford the driver safe rearview vision.
(4) The design of the partition shall allow for ventilation and heat to the passenger compartment of the vehicle.
(5) The partition shall be designed to enable the driver to collect payment without leaving the vehicle, by use of a change slot, sliding partition, or similar means.
(6) The partition shall not contain any sharp edges or sharp points that may injure the driver or passengers.
(c) All surveillance cameras installed in taxicabs shall be suitable in design and placement to record the actions of the driver and passengers and, without limiting the scope of this requirement, suitable in design and placement to record acts or attempted acts of violence or criminal conduct. The camera(s) shall meet such additional requirements as may be established by regulation.
(d) All safes installed in taxicabs shall be suitable in design to provide a taxicab driver with the ability to deposit money in a safe that may not be removed from the taxicab and may only be opened under limited circumstances so as to protect the driver of the taxicab. The safe shall meet any additional requirements that may be established by regulation. Each taxicab driver with a safe shall possess no more than ten dollars ($10.00) in cash and a sign shall be posted conspicuously stating, "Driver carries no more than $10.00 in cash." Such sign shall be legible from the interior and exterior of the taxicab.
(e) Each owner or independent operator shall submit its design proposal for safety partitions, surveillance cameras or safes prior to the installation of the same, or if partitions, cameras or safes were installed prior to the effective date of this ordinance, then the owner or independent operator shall instead submit a detailed description of that equipment to the Commissioner within thirty days of the effective date of this ordinance. No taxicab partitions, surveillance cameras or safes, whether or not installed prior to the effective date of this ordinance, shall be permitted from and after six months after passage of this ordinance unless the Commissioner determines that they comply with all requirements of this section.
(f) No taxicab company, association or independent operator shall increase its drivers' lease rates for the cost of compliance with this section. Any increase in drivers' expenses that may otherwise be allowable under Section 443.261 may not be implemented unless the taxicab company, association or independent operator first certifies to the Commissioner by affidavit that the costs of compliance with this section will not be borne by the taxicab drivers. The Commissioner may require the taxicab company, association or independent operator to produce books and records to demonstrate compliance with this division.
(g) The Commissioner of Licenses and Assessments is hereby authorized to issue such rules and regulations, not inconsistent with the provisions of this chapter, as the Commissioner deems necessary to carry out the provisions of this section. Such rules and regulations shall become effective ten (10) days after their publication in the City Record.
(Ord. No. 995-2000. Passed 12-4-00, eff. 12-13-00)
(a) No person shall operate a public back or other vehicle kept for hire or permit such to be operated, nor shall any license be issued until the applicant deposits with the Commissioner of Assessments and Licenses the following:
A policy or certificate of liability insurance for each hack for which a license is sought, acceptable to and approved by the Commissioner and the Director of Law with the following limits: $100,000 per person, $300,000 per vehicle, and $100,000 for property damage, or a combined single limit policy of $300,000. The policy shall further contain a clause obligating the insurance company to give ten days' written notice to the Commissioner before cancellation of the policy, with the license to expire upon the lapse or termination of the policy of insurance.
(b) Such policy of insurance shall contain a provision for a continuing liability thereunder to the full amount thereof, notwithstanding any recovery thereon. If at any time in the judgment of the Commissioner such policy is not sufficient for any cause the Commissioner may require the owner of such public hack to replace such policy with another approved by the Commissioner and the Director of Law.
(c) A self-insured retention plan that is equivalent or better, in the judgment of the Commissioner of Assessments and Licenses, than the insurance described in this section may be accepted by the Commissioner in lieu of a policy or certificate of insurance.
(Ord. No. 1820-06, §2. Passed 12-11-06, eff. 12-14-06)
Every licensee shall furnish to the Commissioner of Assessments and Licenses not later than the third day of each month a full and complete statement of claims filed and judgments rendered against such licensee arising out of the operation of public hacks or vehicles, which statement shall be in such form as the Commissioner prescribes. Failure to comply with the requirements of this section shall be a violation of this section and cause for license suspension or revocation.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
If a public hack is found upon inspection to be of lawful construction, and in proper condition, in accordance with the provisions of this chapter, and the rules and regulations established thereunder, and upon the payment of the license fees, the same shall be licensed by delivering to the owner a card of such size and form as may be prescribed by the Commissioner of Assessments and Licenses. The card shall contain the official license number of the hack, together with the date of inspection of the same, and a statement to the effect that, in case of any complaints, the Commissioner shall be notified giving the license number of the hack. Such card shall be signed by the Commissioner, and shall contain blank spaces upon which an entry shall be made of the date of every inspection of the vehicle by the inspector. The license card shall be of a distinctly different color each year, and, in case of public hacks driven by mechanical power, the license number assigned thereunder shall in each case, be the same as that assigned to the vehicle for that year, pursuant to law. There shall also be printed upon such card the license number of such vehicle, which shall be conspicuously displayed within the hack as prescribed by the Commissioner.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
(a) The following annual license fees shall be paid:
| For each taxicab | $ 75.00 |
| For each coach (capable of carrying 9 or less passengers) | $ 75.00 |
| For each coach (capable of carrying 10 or more passengers) | $150.00 |
(b) For licenses issued on or after October 1 in each year, only one-half of the above fees shall be paid.
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)
The Commissioner of Assessments and Licenses shall maintain constant vigilance over all public hacks, to see that they are kept in a condition of continued fitness for public use. To this end, the Commissioner, through his inspectors, shall periodically inspect all public hacks, or on the complaint of any citizen, as often as may be necessary. Reports in writing of all inspections shall promptly be made to the Commissioner.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
The Commissioner of Assessments and Licenses upon his own initiative may, and upon recommendation of the Chief of Police shall revoke or suspend any license granted under this chapter if the vehicle is used for immoral or illegal purposes or if the vehicle is not in good condition and appearance, clean and safe. Licenses revoked for the reason that the vehicle has been used for immoral or illegal business or purpose shall not be reissued again. Licenses revoked because of the condition and appearance of the vehicle shall not be reissued until the vehicle and its appearance are put in fit condition for use by the public.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
Every person driving a public hack, shall be licensed as such. Each applicant for a driver's license shall:
(a) Be eighteen years of age or over, an American citizen, or have declared his intention to become such a citizen, and a bona fide resident of Cuyahoga County for thirty days next preceding the date of such application.
(b) Present a certificate from a qualified physician that he is sound physically and mentally, has good eyesight, and that he suffers from no other infirmity of body and mind, which might render him unfit for the safe operation of a public vehicle.
(c) Be able to read and write the English language.
(d) Be clean in dress and person, and not be addicted to the use of intoxicating liquors or drugs.
(e) Produce, on forms to be provided by the Commissioner of Assessments and Licenses, two character references of persons not related to applicant.
(f) Fill out, upon a blank form to be provided by the Commissioner, a statement giving his full name, residence, places of residence for five years previous to moving to his present address, age, color, height, color of eyes and hair, place of birth, length of time he has resided in the City, whether a citizen of the United States, places of previous employment, whether married or single, whether he has ever been arrested or convicted of a felony or misdemeanor, whether he has been summoned to court, whether he has previously been licensed as a driver or chauffeur, and if so, whether his license has ever been revoked, and for what cause, which statement shall be signed and sworn to by the applicant, and filed with the Commissioner, as a permanent record. Any false statement made by the applicant for a license shall be promptly reported by the Commissioner to the prosecuting attorney of Cuyahoga County. The Commissioner is hereby authorized and empowered to establish such additional rules and regulations, covering the issuance of drivers' licenses, not inconsistent herewith, as may be necessary and reasonable.
(Ord. No. 1828-77. Passed 6-8-78, eff. 6-12-78)
No driver's license shall be issued if the applicant has been convicted of any of the following offenses:
(a) Manslaughter, or negligent homicide, resulting from the operating of a motor vehicle.
(b) Driving a motor vehicle while under the influence of intoxicating liquors or drugs. Any conviction under this subsection shall not be a bar to the issuance of a license if the conviction occurred more than five years prior to the date of application; or upon a recommendation of the Commissioner more than three years from the date of application for a license.
(c) Any felony in the commission of which a motor vehicle was used.
(d) Failure to stop and render aid as required under the laws of this State, or leaving the scene of an accident as specified by the laws of this State.
(e) Perjury or false swearing in making any statement under oath in connection with his application for driver's license.
(f) Conviction, or forfeiture of bail, not vacated, upon three charges of a violation of the motor vehicle laws of this state within a period of twelve months.
(g) Conviction of the violation of any law involving violence, theft or any form of stealing, or any crime involving moral turpitude that is reasonably related to the license referred to herein, within five years preceding the filing of the application for such license.
(h) Repeated violations of the City ordinances, which affect the safety of human life or limb on the streets of the City.
(i) Possession by a taxicab operator within his taxicab of opened or unopened beer, whiskey or wine, or of drugs or other stimulants not specifically prescribed for him by a medical doctor for his private use, or of gambling equipment or paraphernalia, stolen goods or any contraband property of any kind.
(Ord. No. 1828-77. Passed 6-8-78, eff. 6-12-78)
Each applicant for a driver's license under the provisions of this chapter, shall be examined by a person designated by the Commissioner of Assessments and Licenses as to his knowledge of the provisions of this chapter, the City Traffic Code, and the geography of the City, and, if the result of the examination is unsatisfactory, he shall be refused a license. Each applicant must, if required by the Commissioner, demonstrate his skill and ability to safely handle his vehicle, by driving it through a crowded section of the City, accompanied by a City inspector.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
(a) Each applicant for a driver's license shall file with his application three unmounted, unretouched photographs of himself, in such position as the Commissioner of Assessments and Licenses may direct, taken within thirty days preceding the filing of his application. Photographs shall be of a size which may be easily attached to his license, one of which shall be attached to his license when issued; the others shall be filed with the application in the office of the Commissioner. The photograph shall be so attached to the license that it cannot be removed and another photograph substituted without detection. Each licensed driver shall, upon demand of an inspector of licenses, a policeman or a passenger, exhibit his license and photograph for inspection. Where the application for a license is denied, two copies of the photograph shall be returned to the applicant by the Commissioner.
(b) Applications, with photographs attached, shall forthwith be forwarded to the Bureau of Criminal Identification, Police Division. No license shall be issued under the provisions of this chapter until the receipt in writing from such Bureau of a report showing the result of the investigation of the application.
(Ord. No. 2358-A-80. Passed 5-11-81, eff. 5-13-81)
Upon satisfactory fulfillment of the foregoing requirements, there shall be issued to the applicant a license, which shall be in such form as to contain the photograph and name of the licensee. Any licensee who defaces, removes or obliterates any official entry made upon his license, shall be punished by revocation of his license. Drivers' licenses shall be issued as of December 1 in each and every year, and shall be valid to and including November 30 next succeeding, unless previously revoked.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
Except when an extraordinary public emergency arises affecting transportation of the public upon the streets within the City, such temporary permits when issued shall be upon such terms and conditions as the Commissioner of Assessments and Licenses shall provide, but such temporary permit shall in no event be granted for a longer period than fifteen days, and may be renewable for similar periods, as necessary, only upon the written recommendation of the Commissioner made to Council, and approved by it.
The fee for such temporary permit shall be one dollar ($1.00) for the driver and ten dollars ($10.00) for the hack or vehicle.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
The Commissioner of Assessments and Licenses shall issue a license certificate bearing the photograph of the licensee, to each person licensed as the driver of a public hack. Such license certificate must, under penalty of suspension or revocation of the license, be conspicuously displayed at all times in the vehicle operated by such licensee and in the manner required by the Commissioner. The certificate shall be of such form and design as the Commissioner prescribes.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
All renewals of drivers' licenses shall be in accordance with the procedure prescribed by the Commissioner of Assessments and Licenses.
No driver's license shall be renewed under this chapter unless the applicant has first paid all parking infraction judgments and default judgments and all notices of liability under Section 413.031 for red light or speeding violations, provided that the notices of liability under Section 413.031 are not on appeal, that are owed by applicant.
(Ord. No. 645-06, § 2. Passed 6-12-06, eff. 6-16-06)
The license fee of ten dollars ($10.00) shall be paid for an original driver's license, or for renewals.
(Ord. No. 2393-03. Passed 2-3-03, eff. 2-3-03)
A driver's license may be suspended or revoked at any time by the Commissioner of Assessments and Licenses upon his own initiative or upon the recommendation of the Chief of Police. Before suspending or revoking such license the Commissioner shall afford the licensee the opportunity of a hearing upon the charges. The licensee may appeal from such order in the manner provided by Section 403.09. A second suspension for the same reason or, in any case a third suspension of a driver's license shall operate as a revocation of such license. No driver whose license has been revoked shall again be licensed as a public hack driver in the City unless upon the presentation of reasons satisfactory to the Commissioner. The Commissioner shall notify the Police Division of all suspensions or revocations of drivers' licenses.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
There shall be kept in the office of the Commissioner of Assessments and Licenses a complete record of each license issued to a driver, and of all renewals, suspensions and revocations thereof, which record shall be kept on file with the original application of the driver for a license.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
(a) Only public hacks shall remain at the taxicab stand while waiting for employment and only in single file pointed in accordance with the traffic regulations. No public hack shall refuse to carry any orderly person applying for a hack who agrees to pay the right rate of fare, but any orderly person may select any hack at the stand whether it is at the head of the line or not. As the hack leaves the line with passengers those behind shall move up, and any public cab or coach seeking a place on the stand shall approach the same only from the rear of the stand and shall stop as near as possible to the last cab already on the line. No cab or coach shall stand within five feet of any crosswalk. No public cab or coach shall stand at any place on the streets of the City for the purpose of soliciting business except upon the public stands herein established.
(b) The Commissioner of Assessments and Licenses may establish call stations at locations which have been surveyed and approved by the Commissioner of Traffic Engineering and Parking with respect to operation without unreasonable interference to traffic.
The permit of a call station shall specify the company or individual operating the same, and allow the driver employed by them to stop at and call up from such station for the purpose of answering or receiving orders. Not more than two cabs shall be parked at the designated point at the same time. The Commissioner of Assessments and Licenses shall maintain a list of call stations and their locations, and regulate their operation by issuance of such regulations as will become necessary.
(c) No public hack shall occupy a public stand unless a permit has been issued by the Commissioner of Assessments and Licenses. Application for permits to occupy a public stand shall be made in writing to the Commissioner by the owner of public cab. The form of the application shall be prescribed by the Commissioner. No vehicle other than a licensed public hack shall stop on any public stand or call station, except while receiving or discharging passengers.
(d) The Commissioner of Traffic Engineering and Parking shall designate public stands by permanent signs set at the curb boundaries, which signs shall bear the legend that it is a stand reserved for public licensees only. The Commissioner of Assessments and Licenses shall suspend or revoke the license of any public hack driver who stands in front of the entrance of any building, within the prohibited space, after his passengers desiring to leave the cab have alighted, or who attempts to stand in such prohibited space waiting for passengers, or who violates any of the other provisions of this section.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
The Commissioner of Traffic Engineering and Parking shall mark all taxicab stands in such manner as he determines necessary in order to advise the public of the restricted use of such area for taxicab stand purposes.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
(a) When Required. Every public hack driven by mechanical power, seating four passengers or less, shall have affixed thereto a taximeter of a size and design approved by the Commissioner of Assessments and Licenses.
(b) Inspection. No licenses shall be issued to a public hack until the taximeter attached thereto has been inspected and found to be accurate.
(c) Inaccuracy. No person shall use or permit to be used upon any public hack a taximeter which is in such condition as to be over five percent incorrect, to the prejudice of any passenger.
(d) Wheel Operated Prohibited. No taximeter affixed to a public hack, propelled by steam or gasoline, electricity or other motive power, shall be operated from any wheel to which the power is applied.
(e) Illumination of Dial. After sundown the face of every taximeter shall be illuminated by a suitable light, so arranged as to throw a continuous steady light thereon.
(f) Case to Be Sealed. No person shall use or permit to be used, or drive for hire, a public hack equipped with a taximeter, the case of which is unsealed, and not having its cover and gear intact.
(g) False Signal. No driver of a public hack equipped with a taximeter or other similar device, while carrying passengers, or under employment, shall display the signal affixed to such taximeter or other similar device, in such position as to denote such vehicle is not employed, or in such position as to denote that he is employed at a rate of fare different from that to which he is entitled under the provisions of this chapter.
(h) Unapproved Taximeter. No person shall drive a public hack to which is attached a taximeter that has not been duly inspected and approved.
(i) Violations. A violation of any of the provisions of this section shall render the offender liable to any penalty imposed in addition to license suspension or revocation.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
(a) Except as provided in division (f) of this section, the maximum rates of fare for gasoline fueled or propane fueled taxicabs, including sales tax, shall be as follows:
(1) For the first one-eighth mile or fraction thereof, two dollars and seventy-five cents ($2.75).
(2) For each additional one-eighth mile or fraction thereof, twenty-eight cents ($0.28).
(b) Waiting Time or Traffic Delay Charge. The rate for waiting or traffic delay shall be eighteen dollars ($18.00) per hour except for coaches hired at the hourly rate.
(c) Charge for More Than Four Passengers. The rate for carrying more than four passengers shall be an additional one dollar ($1.00) per person for each passenger over twelve years of age.
(d) Hourly Rate. On request of passengers, public hacks may accept employment where the fare may be computed on an hourly rental. When a public hack is so employed, the fare to be charged shall be computed from the time of leaving the nearest station of the owner to the time of returning to the nearest station from the point of dismissal.
(e) Receipt to be Given. On request of a passenger, the owner, driver, chauffeur or other person in charge or control of a public hack shall provide a receipt to the person paying for the hire of the same at the time of payment. The form of the receipt shall be prescribed and approved by the Commissioner of Assessments and Licenses, and shall contain in legible type or writing, the name of the owner, the City license number, the driver's City license number and other items for which a charge is made, the total amount paid, and the date of payment.
(f) Rates of Fare From Cleveland Hopkins International Airport. The following maximum rates of fare apply to gasoline fueled or propane fueled taxicabs which are transporting passengers from Cleveland Hopkins International Airport to another location. These rates of fare include metered rates, taxicab operating cost recovery, fuel surcharges and depreciation, sales tax, and applicable fees, and shall be as follows:
(1) Rates for 0 to 40 miles from the Airport
| 0 to 5 miles | - $12.00 |
| 6 to 10 miles | - $23.00 |
| 11 to 15 miles | - $33.00 |
| 16 to 20 miles | - $44.00 |
| 21 to 25 miles | - $55.00 |
| 26 to 30 miles | - $66.00 |
| 31 to 35 miles | - $76.00 |
| 36 to 40 miles | - $87.00 |
(2) Rates for 41 to 55 miles from the Airport. Rates shall begin at $98.00 for 41 miles and shall be increased by $2.00 for every mile over 41 miles for a maximum of $126.00 for 55 miles from the Airport.
(3) Rates for 56 to 70 miles from the Airport. Rates shall begin at $130.75 for 56 miles and shall be increased by $2.00 for every mile over 56 miles for a maximum of $158.75 for 70 miles from the Airport.
(4) Rates for 71 to 85 miles from the Airport. Rates shall begin at $163.50 for 71 miles and shall be increased by $2.00 for every mile over 71 miles for a maximum of $191.50 for 85 miles from the Airport.
(5) Rates for 86 to 100 miles from the Airport. Rates shall begin at $196.25 for 86 miles and shall be increased by $2.00 for every mile over 86 miles for a maximum of $224.25 for 100 miles from the Airport.
(6) Rates for 101 to 115 miles from the Airport. Rates shall begin at $229.00 for 101 miles and shall be increased by $2.00 for every mile over 101 miles for a maximum of $257.00 for 115 miles from the Airport.
(7) Rates for 116 to 130 miles from the Airport. Rates shall begin at $261.75 for 116 miles and shall be increased by $2.00 for every mile over 116 miles for a maximum of $289.75 for 130 miles from the Airport.
(8) Rates for 131 to 145 miles from the Airport. Rates shall begin at $294.50 for 131 miles and shall be increased by $2.00 for every mile over 131 miles for a maximum of $322.50 for 145 miles from the Airport.
(9) Rates for 146 to 160 miles from the Airport. Rates shall begin at $327.25 for 146 miles and shall be increased by $2.00 for every mile over 146 miles for a maximum of $355.25 for 160 miles from the Airport.
(10) Rates for 161 to 175 miles from the Airport. Rates shall begin at $360.00 for 161 miles and shall be increased by $2.00 for every mile over 161 miles for a maximum of $388.00 for 175 miles from the Airport.
(11) Rates for 176 to 190 miles from the Airport. Rates shall begin at $392.75 for 176 miles and shall be increased by $2.00 for every mile over 176 miles for a maximum of $420.75 for 190 miles from the Airport.
(12) Rates for 191 to 199 miles from the Airport. Rates shall begin at $425.50 for 191 miles and shall be increased by $2.00 for every mile over 191 miles for a maximum of $441.50 for 199 miles from the Airport.
(13) Rates for 200 miles and over from the Airport. Rates shall be calculated at $2.50 per mile.
(Ord. No. 1796-08. Passed 3-23-09, eff. 3-25-09)
The Commissioner of Assessments and Licenses shall review the average price per gallon for regular unleaded gasoline prices listed by the Automobile Association of America's State-by-State Fuel Price Average for the Cleveland-Lorain-Elyria Metro Area on the first Monday of May and the first Monday of November of each calendar year and shall adjust the rates of fare as set forth in Section 443.26 of this chapter as follows:
(a) If the average price per gallon is equal to or greater than $3.00 per gallon on both the date of review and one month prior to the date of review, the Commissioner shall authorize an increase of $1.00 to the rates of fare set forth in Section 443.26 of this chapter. Such increase shall be published in the City Record and take effect 30 days thereafter. No further increases shall be authorized until all prior increases issued under this division have been repealed under division (b) of this section.
(b) If the average price per gallon is less than $3.00 per gallon on both the date of review and one month prior to the date of review, the Commissioner shall repeal any increase in effect and the rates of fare shall remain as set forth in Section 443.26 of this chapter until such rates may be subsequently increased under division (a) of this section. Any revocation issued under this division (b) shall be published in the City Record and become effective 30 days thereafter.
(c) Each change in the fare amount shall be applied to the meter. A representative of the Bureau of Weights and Measures will remove the current security seal affixed to each meter prior to the fare being changed on the meter.
(Ord. No. 1796-08. Passed 3-23-09, eff. 3-25-09)
Every driver of a public hack shall have the right to demand payment of the legal fare in advance, and may refuse employment unless so prepaid, but no driver of a public hack shall, otherwise, refuse or neglect to convey any orderly person upon request, anywhere in the City, unless previously engaged. No driver of a licensed hack shall carry any person other than the passenger first employing a hack, without the express consent of such passenger.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
All disputes as to the lawful rate of fare shall be determined by the police officer nearest to where the dispute takes place. Failure to comply with such determination shall subject the offending party to a charge of disorderly conduct.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
It shall be the duty of every driver of an unengaged taxicab, upon request, to transport any orderly person between any two points within the City. Should it be shown at any time to the satisfaction of the Commissioner that a driver has failed to comply with the requirements of this section, the Commissioner may, after hearing, revoke the license of such driver.
(Ord. No. 1828-77. Passed 6-8-78, eff. 6-12-78)
Requests for public hack service shall be responded to within a reasonable time.
(Ord. No. 1828-77. Passed 6-8-78, eff. 6-12-78)
No public hack, while soliciting employment, shall stand on any public street or place other than at or upon a public hack stand, designated or established in accordance with this chapter; nor shall any driver of such hack seek employment by repeatedly and persistently driving his hack to and fro in a short space before, or by otherwise interfering with the proper and orderly access to or egress from any theater, hall, hotel, public resort, railway or boat landings, or other place of public gatherings. No person shall solicit passengers for public hacks, except the driver of a public hack, when sitting upon the driver's seat of such vehicle, except that at special points designated by the Commissioner of Assessments and Licenses not more than two agents may be employed to solicit business on the street. No persons shall be permitted to ride in the front seat of a taxicab with the driver, unless the rear compartment is occupied, and any driver who shall permit this may be deprived of his license. All police officers and inspectors of licenses shall notify the Commissioner of any violation of this provision.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
No person shall loiter within a distance nearer than twenty feet of any public hack occupying space on a public hack stand.
The driver of any public hack shall remain on the driver's seat, or inside of his hack at all times when such hack is standing upon the public stands or when actually engaged in carrying passengers, provided that nothing in this section shall be held to prohibit such driver from alighting to the street for the purpose of assisting passengers into or out of such vehicle, or take care of the calls of nature while upon a public stand, limiting his absence from such stand to fifteen minutes, during which time his hack shall occupy a position at the rear end of such stand.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
No person shall give fictitious information or practice any fraud, misrepresentation or subterfuge in order to secure any license provided for by this chapter.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
No person, firm or corporation operating public hacks shall employ as a driver on such public hacks any person other than a driver duly licensed under the provisions of this chapter.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
No company or driver shall:
(a) Fail to maintain, for a period of one year, a written record of each trip made by such company or driver, which record shall include the time and date such passenger is picked up, the destination, time of arrival at such destination, the amount of fare collected for each trip and such other information as may be required by the Director.
(b) Fail to deliver to the Commissioner of Assessments and Licenses any waybill demanded by him.
(Ord. No. 1828-77. Passed 6-8-78, eff. 6-12-78)
Nothing in this chapter shall apply to motor vehicles used exclusively for service at weddings, christenings or funerals.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
Any owner or driver of a vehicle, not licensed in accordance with the provisions of this chapter, or of a vehicle, the license of which has been suspended or revoked, who engages in the business of a public hack as defined herein or attempts to engage in such business, or solicits for hire passengers upon the streets shall be guilty of a violation of this section.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
Any person, not having been duly licensed as a public hack driver, or any person whose license as such driver has been revoked or any person whose license has been suspended, and who, during the time of such suspension, drives for hire a public hack upon the streets, shall be guilty of a violation of this section.
(Ord. No. 1684-76. Passed 6-29-76, eff. 7-6-76)
In addition to any penalty imposed, any licensee shall be subject to the suspension or revocation of his license upon conviction for any violation of this chapter or upon conviction of any offense set forth in Section 443.131. The Commissioner of Assessments and Licenses may in his discretion and shall upon the recommendation of the Chief of Police suspend or revoke a license granted under any provision of this chapter, pending or in advance of the criminal prosecution of the licensee for any offense set forth in Section 443.131. In case of the refusal to issue a license or the revocation of a license by the Commissioner the applicant or licensee may appeal from such order in the manner provided by Section 403.09.
(Ord. No. 1828-77. Passed 6-8-78, eff. 6-12-78)
(a) No owner or driver shall operate or permit to be operated his or her taxicab unless a Taxicab Passenger Bill of Rights is securely affixed to the back of the front passenger seat of every taxicab in operation. The Taxicab Passenger Bill of Rights shall be in a form provided by the Commissioner, which form shall state that all taxicab passengers have a right to:
(1) a safe ride anywhere in the Greater Cleveland metropolitan area;
(2) direct the driver on the route to be taken;
(3) an effective complaints process;
(4) a free ride if the taximeter is not in a recording position, unless the taxicab is being hired at the request of the passenger on an hourly rate basis;
(5) reduce the tip if the services referred to in this section are not provided;
(6) a quality taxicab which:
(i) is in good mechanical and physical condition;
(ii) has a clean passenger area and trunk;
(iii) is heated or air-conditioned on demand;
(iv) has easy access to seatbelts;
(v) is a smoke-free environment;
(7) a professional driver who:
(i) is licensed and knowledgeable;
(ii) knows the major routes and destinations in the City of Cleveland and the surrounding metropolitan area;
(iii) speaks and understands English;
(iv) is courteous and provides assistance;
(v) provides a safe ride;
(vi) knows and obeys all traffic laws; and
(vii) offers a silent ride if desired.
(b) The Taxicab Passenger Bill of Rights shall also state that drivers may not recommend hotel accommodations or restaurants unless requested by the passenger.
(c) The Taxicab Passenger Bill of Rights shall display in plain view of every passenger the phone number for registering complaints.
(d) A driver or owner who fails to display a Taxicab Passenger Bill of Rights as set forth in this section shall be fined $100.00 for each such failure to display said Taxicab Passenger Bill of Rights.
(Ord. No. 1820-06. Passed 12-11-06, eff. 12-14-06)
(a) The Commissioner of Assessments and Licenses shall assess fines to taxicab drivers and taxicab companies for violations of the Rules and Regulations governing their conduct as published in the City Record.
(b) The authority to assess finos under this section does not limit or affect any criminal offense, or the authority of the Commissioner to suspend or revoke a license under Section 443.36, or any other means of enforcement of this chapter provided for in these Codified Ordinances.
(Ord. No. 1820-06. Passed 12-11-06, eff. 12-14-06)