443.01 Jurisdiction 443.011 Definitions
443.012 Rules and Regulations 443.02 License Required; Application 443.021 Association Agreements
443.022 Company Compliance; License Revocation 443.023 Licenses Nontransferable
443.03 Number of Hack Licenses Fixed 443.04 Limitation on New Hack Licenses 443.05 Inspection Prior to Licensing Vehicles
443.051 Safety Partitions or Surveillance Cameras for Taxicabs 443.06 Liability Insurance
443.07 Liability Agreement – Repealed
443.08 Licensee to File Monthly Statement of Claims and Judgments 443.09 License Card
443.10 Fees for Licensing Vehicles 443.11 Inspection Time and Reports 443.12 License Suspension or Revocation 443.13 Drivers’ Licenses; Application
443.131 Convictions Which Bar Issuance of Driver’s License 443.14 Examination of Drivers
443.15 Driver’s Photograph and Fingerprints 443.16 Form and Terms of Drivers’ Licenses
443.17 Temporary Permit Issuance; Term 443.18 Driver’s License Certificate 443.19 Renewal of Drivers’ Licenses 443.20 Fee for Drivers’ Licenses
443.21 Suspension or Revocation of Driver’s License 443.22 Record of Drivers’ Licenses
443.23 Use of Taxicab Stands and Call Stations 443.24 Marking Taxicab Stands
443.25 Taximeters
443.26 Rates of Fare; Receipts
443.261 Rates of Fare Adjustment Due to Cost of Gasoline 443.27 Prepayment of Fare
443.28 Disputed Fares
443.281 Service to be Rendered on Demand 443.282 Response to Service Requests 443.29 Cruising or Soliciting
443.30 Loitering Near Public Hack Prohibited 443.31 Fraud in Obtaining License
443.32 Unlicensed Driver 443.321 Waybills 443.33 Exceptions
443.34 Violations by Owners 443.35 Violations by Drivers
443.36 Suspension or Revocation of License 443.37 Taxicab Passenger Bill of Rights
443.38 Fines for Violating Rules and Regulations Cross-reference:
Appeal from license denial, suspension or revocation, CO 403.09 Operate for hire defined, CO 401.30
Taxicab Bureau, CO 127.39 Taxicab stands regulated, CO 451.18 Taxicabs at airports, CO 571.13 Taximeter defined, CO 401.63 Statutory reference:
Power to fix rates, RC 715.25 Power to regulate, RC 715.22, 715.66
§ 443.01 Jurisdiction
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)
§ 443.011 Definitions
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 twenty-five (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 twenty-five (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 (25) public hacks;
(2) Does not provide his or her 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)
§ 443.012 Rules and Regulations
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 or she shall deem necessary to carry out the provisions of this chapter. Such rules and regulations shall become effective ten (10) days after their publication in the City Record.
(Ord. No. 1828-77. Passed 6-8-78, eff. 6-12-78)
§ 443.02 License Required; Application
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)
§ 443.021 Association Agreements
(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 or she 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 (1) location. Waybills shall be retained for a period of at least one (1) year and other operating records shall be retained for a period of at least three (3) 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 or she has become a member of an association.
(Ord. No. 1828-77. Passed 6-8-78, eff. 6-12-78)
§ 443.022 Company Compliance; License Revocation
(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)
§ 443.023 Licenses Nontransferable
Public hack licenses issued pursuant to this chapter shall not be transferable from one (1) 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)
§ 443.03 Number of Hack Licenses Fixed
It is hereby determined that five hundred (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 prominently displayed in the interior of the licensed 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)
§ 443.04 Limitation on New Hack Licenses
(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)
§ 443.05 Inspection Prior to Licensing Vehicles
No license shall be granted for a vehicle over two (2) years old, except that an existing license for a vehicle not more than five (5) 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 or her discretion.
The Commissioner shall refuse to permit the operation of any vehicle found by him or her to be unfit or unsuited for public patronage or to which a taximeter or acceptable radio receiver and transmitter is not affixed. He or she 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)
§ 443.051 Safety Partitions or Surveillance Cameras for Taxicabs
(a) Effective six (6) months from the date of passage of this ordinance, each taxicab shall be equipped with at least one (1) 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 (30) 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 (6) 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)
§ 443.06 Liability Insurance
(a) No person shall operate a public hack 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: one hundred thousand dollars ($100,000.00) per person, three hundred thousand dollars ($300,000.00) per vehicle, and one hundred thousand dollars ($100,000.00) for property damage, or a combined single limit policy of three hundred thousand dollars ($300,000.00). The license shall 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, the 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. 599-11. Passed 6-6-11, eff. 6-13-11)
§ 443.07 Liability Agreement – Repealed
(Ord. No. 1820-06, § 3. Passed 12-11-06, eff. 12-14-06)
§ 443.08 Licensee to File Monthly Statement of Claims and Judgments
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)
§ 443.09 License Card
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)
§ 443.10 Fees for Licensing Vehicles
(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 (1/2) of the above fees shall be paid.
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)
§ 443.11 Inspection Time and Reports
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 or her 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)
§ 443.12 License Suspension or Revocation
The Commissioner of Assessments and Licenses upon his or her 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)
§ 443.13 Drivers’ Licenses; Application
Every person driving a public hack, shall be licensed as such. Each applicant for a driver’s license shall:
Every person driving a public hack, shall be licensed as such. Each applicant for a driver’s license shall: