Ordinance No. 126, Fourth Series

An Ordinance revising Section 6. 14 Small Service

THE CITY COUNCIL OF THE CITY OF RED WING DOES ORDAIN:

SECTION 1: Section 6. 14 of the City Code is hereby amended by deleting the ^o ok language and inserting the underlined language.

Section 6. 14: SMALL VEHICLE PASSENGER SERVICE Subd. 1. Definitions. The following terms, as used in this Section, shall have the meanings stated:

Vehicles for Hire" — any motor vehicle for hire, including but not limited to taxicabs, engaged in the business of transporting within the City, having a seating capacity of seven or fewer persons, including the driver, and not operating on a fixed route. " for hire" does not include a vehicle under contract with a Transportation Network Company and used exclusively for -hire in accordancedth+withw i that contract. " TaxiGab" any meter vehiGle regularly engaged - business Garrying passengers fer hire, having a seating GapaGity of less than 10 persons, not operated on a foxed re6ite Or SGhed6i! e and whiGh either ( 1) stands or parks 61p p6ibliG street, alley or driveway for the purpose Of SGIOGiting passengers, er (2) 4'-S

2. " Small Vehicle Passenger Service" —a service provided by a person engaged in the for -hire transportation of passengers in a vehicle designed to transport seven or fewer persons, including the driver. " Small vehicle passenger service" does not include Transportation Network Companies.

32."Operator" - a licensee owning or otherwise having control of one or more +aGa-b: vehicles for hire.

43." Driver" - tie a person driving and having physical control over a taXiGab vehicle for hire. The driver may be the licensee or in the employ of the licensed operator.

5. " For Hire" —for remuneration or compensation of any kind, promised, paid, given to, or received by a person for the transportation of persons.

64." Stand" any place along the curb or street or elsewhere which is exclusively reserved by the City for the use of +aGa-b: vehicles for hire.

7. " Special Transportation Service" —motor vehicle transportation, including but not limited to mobility vans, provided on a regular basis by a public or private entity or person that is designed exclusively or primarily to serve individuals who are elderly or disabled and who are unable to use regular means of transportation but do not require ambulance

service. 8. " Motor Carrier of Passengers" - a service provided by a person engaged in the for - hire transportation of passengers in vehicles designed to transport eight or more persons, including the driver.

9. " Transportation Network Company" —a corporation, partnership, sole proprietorship, or other entity that is operating in Minnesota that uses a digital network to connect transportation network company riders to transportation network company drivers who provide prearranged rides, including but not limited to and .

Subd. 2. License Required. It is unlawful for any person to drive a vehicle for hire or operate a tax-ic-ab, small vehicle passenger service without first having obtained a +gab small vehicle passenger service license from the City. It is unlawful for anyone to operate as a motor carrier of passengers within City limits without a certificate of registration or permit issued by the Minnesota Department of Transportation. All small vehicle passenger service licenses issued by the City of Red Wing, unless revoked sooner, will expire on December 31 of each year. Eligibility for a license to drive or operate a tax+Eab vehicle for hire shall be as follows:

A. Possess a valid Drovers Lcense A. Is the holder of a valid Minnesota driver' s license authorizing operation of the Licensed vehicle:

B. Se Is at least 18 years eld of age;

C. Have Has no felony, gross misdemeanor, or misdemeanor convictions in the State of Minnesota or any other state, in the last five years for matters involving the use of threat or use of force, possession or sale of controlled substances, prostitution, or indecent conduct;

D. Have Has no felony, gross misdemeanor, or misdemeanor convictions in the State of Minnesota or any other state, in the last five years for matters involving leaving the scene of an accident, driving under the influence of an alcoholic beverage or drug, theft, damage to property, reckless or careless driving, or refusing to take a hreathalchemical test;

E. Have Has provided a written consent to a criminal history background check to the City.

Subd. 3. License Issuance and Display, and Vehicle Marking. All licenses shall be issued for specific vehicles, except as otherwise herein provided. License tags, including number and year for which issued, shall be plainly visible from the front of the vehicle. Both sides of every licensed tax+Eab vehicle for hire, when in use, shall be plainly and permanently marked as such with a painted sign or appurtenances showing the full or abbreviated name of the licensed operator. Licenses from vehicles retired from service may be transferred to proper replacement vehicles by the Permits and License Manaaer uaon aaalication beina made for such transfer.

Subd. 4. Insurance Required. Before a tax+Eab small vehicle passenger service license is issued by the Council, and at all times effective during the licensed period, the licensee shall have and maintain property damage liability and bodily injury insurance in the amount of $, for eaGh nnn„ rrenGe, and $ 100, 000 per GGG61rrenGe property damage insurance if split limits or $ 500, 000 combined single limit publo CSL). The license holder shall ensure each licensed and insured vehicle is properly titled in the company' s name.

Subd. 65. Mechanical Condition. Before issuing a new taxiGab small vehicle passenger service license or upon renewal thereof the applicant shall present to the Permits and License Manager a certificate signed by a competent and experienced mechanic showing that the vehicle is: ( 1) in good mechanical condition; ( 2) thoroughly safe for transportation of passengers; and ( 3) in neat and clean condition. A similar certificate may be required from time to time during the licensed period.

Subd. 76. Taxicab Stands. The Council is authorized to establish Taxicab Stands in places on City streets as the Council determines necessary. In establishing Taxicab Stands, the Council shall take into consideration the need for stands, and the convenience to the general public. Taxicab Stands shall be available on a first-come, first- served basis. Ta b Drivers shall stay within five feet of gipa + parked in a Taxi^ ah Stand and shall not SeliGit passeng their vehicle. When a is occupied, no other To,axiGab vehicle for hire shall loiter or wait for the Taxicab Stand to become vacant. Taxicab Stands shall be plainly marked.

Subd. 7. Smoking. In accordance with the Minnesota Clean Indoor Air Act, ( Minnesota Statutes section 144.414), as it may be amended from time to time, smoking of tobacco and plant products is prohibited inside any vehicle for hire. This prohibition applies to smoking of e - cigarettes. " Tobacco" shall have the same definition as used in Section 6. 15 of this Chapter.

Subd. 8. Driver Impairment. No driver shall be permitted to operate a vehicle for hire while under the influence of alcohol or any mood -altering drug, including prescription and over-the- counter drugs. No driver shall possess any controlled substance or alcoholic beverage while operating a vehicle for hire.

Subd. 9. Additional License Reauirements. Exemations and Exceations.

A. Special transportation services, including mobility vans, are exempt from this licensure requirement if certified by the State of Minnesota and using a driver who is qualified pursuant to Minnesota Rules Chapter 8840, or operating under a permit from the Minnesota Department of Transportation.

B. A vehicle for hire having no valid Red Wing small vehicle passenger service license may bring passengers into Red Wing but may not pick up passengers or accept any business within the City of Red Wing. C. Motor carriers of passengers are required to register with the Minnesota Department of Transportation in accordance with Minnesota Statutes section 221. 0252.

D. The carrvina of aassenaers as a business for comaensation by a vehicle other than a vehicle duly licensed under and operating in accordance with the provisions of this ordinance, or by a vehicle contracted through a Transportation Network Company, or by a motor carrier operating under Minnesota Statutes, is hereby forbidden.

E. This Ordinance applies in equal force to all small passenger vehicle services, motor carriers of passengers, and special transportation services operating within the City, regardless of whether the service' s principal place of business is located outside of the City.

SECTION 2: Effective Date. This ordinance shall be in full force and effect 14 days after its adoption and publication in accordance with the City Charter.

Introduced the 10th day of September, 2018.

Adopted this day of We

Kim P. Beise, Council President ATTEST:

Teri L. Swanson, MCMC City Clerk

seal)

Presented to the Mayor at p. m. on this day of 20 . Approved this day of ' 20

Sean M. Dowse, Mayor