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BYLAW - Regulating and Licencing of Cabs - 19590302 - 139759[J r I I , w TAXI BY-LAW I .3 i 7 TOWN OF AURORA .. \. BY-LAW NO. /39/ ~.~E~NDED BY /_l~~ .l!!lfl4L'fA.W NO ......... ; ................. ... of the Corporation of the Town of Aurora ~~ fl. A BY-LAW TO PROVIDE FOR THE REGULATING AND LICENSING OF CABS IN THE TOWN OF AURORA. WHEREAS the Council of the Corporation of the Town of Aurora deems it expedient to pass a by-law for the licensing, regulat- ing and governing of taxi cabs. THEREFORE THE COUNCIL OF THE CORPORATION OF THE TOWN OF AURORA ENACTS AS FOLLOWS: 1. 2. For the purpose of this by-law; (a) "Cab" shall mean any vehicle used for hire for con- veyance of persons and shall include a taxi cab. (b) "Council" shall mean the Council of the Town of Aurora. (c) "Operator" shall mean the person who owns a cab or who may or may not drive same. (d) "Cab driver" shall mean a person who holds a license from the Townr.. of Aurora to drive a taxi cab. DUTIES OF THE CHIEF CONSTABLE The Chief Constable shall have the supervision over all persons licensed under this by-law and over all cabs owned or operateii by such persons together with the equipment used by them· and the following shall be the duties of the Chief Constable under this by-law. (a) To report to the Council with respect to the perform- ance of his duties under this by-law whenever he shall be required by Council so to do. y (b) To make all necessary enquiries concerning the applications for licenses and renewals thereof by operators and drivers and to forward to Council with the least possible delay his recommendations and report with regard the~eto. (c) To ascertain by inspection and enquiry from time to time whether the persons receiving licenses under this by-law continue to comply with the provisions of the law or of this by-law. (d) To prosecute all persons whoaffend against any of the provisions of this by-law or of the law. (e) To submit the Council recommendations for the revoking or cancelling of any license together with his report theceon. (f) Any act or.duty to be performed by the Chief Constable ' : .. (~'! ' ' LJ 1--~~: I ' <-··< - 2 - under this by-law may be performed by a ¢onstable authorized by such Chief Constable to perform any act or duty. (g) To furnish an application blank in a form approved by Council and a copy of this by-law to each person requesting a license under this by-law. (h) To cause to be made out all licenses in a form approved 'by Council and to sign all licenses issued under this by-law once the . ' appli&ations have been approved by Council. (i) To fu:nish each operator with a tariff card setting for~h the rates and fares, specified in Schedule "A" hereto, and each J;r>iver (and operator if he drives his own cab) with a memal badge, ~oth l said card and badge to have the number of the cab driver's l~cense ,. shown thereon. (j) To keep a register of all licenses granted by the Council, to l contain the name of the licensee,his place of residence and such further particulars as Council may order. :J. LICENSES The operator of a cab used for the purpose· of conveying passengers within the limits of the Municipality of the Town of Aurora ~hall not drive or permit the same to be driven or operated as a cl'\b • without first obtaining a license from Council to operate such cab. The annual license fees shall be as follows: RXK~KX~X~X~OCXKXOCKX~«X~OCMXOCXOCXXXXXXXXX$~iX~~ First.and second cab or self drive vehicle $ 25.06 ~~~OC~X~OOOCXOCOCOCXKX~X~X~ ~~XKX~X~~X~~XOCK~XXXXXXXXXXXXXXXXXXXXXX$XX~X~~ Each additional cab or self drive vehicle $ 15.00 XMK~~~X~OOOCX~~XOCK~XXXXXXXXXXXXXXfXX~~~ granted· No application for a cab operator's license shall be ~~HKXM~~~M by Council until the operator of nhe cab shall have deposited with l· the Chief Constable an application of the approved form and a certified copy of a policy insuring the operator for liability to the public including passengers arising out of the operation of the cab, in limits of not less than ten thousand dollars ($10,000.00) twenty thousand dollars ($20,000.00) for public liability and five thousand dollars ($5,000.00) for property damage in respect of · each·cab operated. Such insurance policies shall be maintained in force by the operator during the entire time his license is in force and proof thereof shall be filed with the Chief Constable within two weeks of the renewal date of such policy. " . - 3 - 4. No per~on shall drive a cab or act as a driver of any cab used for the purpose of transporting passengers within the limits of the Municipality of the Town of Aurora without first obtaining a license so to do from Council and may be in Form 2 as per Schedule "B" hereto attached. The fee for each drivers license and renewal thereof shall be the sum of Five dollars ($5.00) per annum. 5. The applicant for every license to drive a cab shall submit three photographs of himself with his application on the approved form. One of such photographs shall be attached to the license and one photograph shall be placed in the cab, insuch manner as may be approved by the Chief Constable. Upon application for a renewal of any license the applicant shall furnish new photographs if required so to do by the Chief Constable. 6. Every applicant for a cab driver's license shall submit to the Chief Constable with his application a certificate from a local medical doctor to the effect that he has examined the applicant within the preceding thirty days and found that he is in proper physical condition to operate a cab and that he is not subject to epileptic fits. 7. No license issued under the provisions of this byQlaw is transferrable, and if a transfer is purported to be made, then such license shall be deemed cancelled. and null and void and to be of no effect. Any license issued under this by-law unless ed express/therein to be granted for a shorter period and unless it has become forfeited or cancelled, shall expire on the thirty- first day of December next to the date of its issue. 8. Upon a license being granted to the owner of a cab, the Chief Constable shall furnish such person with a metal plate of a size, shape and colour to be determined from time to time by the Council, bearing the number of such license, and such owner shall display the said metal plate conspicuously and constantly in a plac·e determined by the Chief Constable. EQUIPMENT AND ITS USE 9. No person licensed under this by-law shall carry in any cab used for hire, a greater number of occupants or persons than the manufacturer's rating of seating capacity of such cab, inclusive of the driver. r-·--~--------~-------------------------------------------------------------------- - 4 - 10. Every operator of a cab licensed under this by-law shall have affixed to each cab in respect of which such operator is licensed, a taxi-meter for registering distances travelled and computing fares to be paid, ·,:and the following provisions shall apply: t"'·· EACH TAXI METER SHALL BE: ! . L .. J (a) Sublhlltted to the Chief Constable when so required for testing, inspection and sealing by the Chief Constable or the person authorized so to do. (b) Illuminated between dusk and dawn. (c) Attached to the cab in a location and manner approved by the Chief Constable. (d) Adjustedin accordance with the t~riff prescribed by Schedule "A" of this by-law. (e) Tested by running the cab to which it is attached over a measured track or distance before being sealed. (f) Used only when the seal thereon is intact. (g) Used for not longer than six months without re-testing or re-sealing. (h) Kept in good working condition at all times and not used when defective in any way. (i) Numbered and not used until approved by the Chief Constable. 11. No owner shall rent or hire a self drive cab to any person or allow any person to drive such cabs who is not in possession of an operator's license or chauffeur's license valid for the current year and such cab shall only be used for the hirer's personal use and shall not be used for transporting passengers for gain and in no event shall a self drive cab be rented or hired to any person under the age of eighteen years. l2j Every owner of a self drive cab shall keep a book of records in which shall be entered the names and addresses of the person or persons to whom the cab was hired, also lbhe number of the operator's or chauffeur's license held by such person, and the time and date when the cab was hired and returned and all such books shall be open at all reasonable times for insp-ection by the Chief Constable. 13. The operator or driver of a cab equipped with a taxi-meter shall not operate such cab as a cab unless and until the taxi- ------------------------------------- • 5 - meter has been tested and sealed by the Chief Constable, nor shall such operator or driver operate such cab when the taxi- meter has been changed, repaired, altered, tampered with or adjusted, unless and until such taxi-meter has been subsequently tested and sealed. 14. Every operator of a cab, before the same is used or operated as such, shall have permanently and securely affixed to the top indicating of his cab, an electric illuminated sign, ±H~ieaKi~N that such vehicle is a cab. 15. The operator or driver licensed under this by-law shall keep the Ulterior and exterior of each cab clean, dry and in good repair. Every such cab shall be equipped with an extra tire. Whenever the operator of a cab receives notice that such cab is not in a fit and proper condition for use, the operator shall within the time mentioned in the notice put such cab in fit and proper condition and shall ndoperate the cab until it is in a fit and proper condition. The notice shall be signed by the Chief Constable and shall state the items complained of and may be given to the operator or driver of such cab. 16. No operator or driver licensed under this by-l,aw shall exhibit on or about a cab any number, sign or card other than those approved of or obtained from the Chief Constable except the motor vehicle plates. 17. The operator of every cab in respect of which a license has been issued under this by-law, shall, when required by the Chief Constable, submit his cab for examination by the Chief Constable or another officer authorized by him. No operator or driver shall prevent or hinder the Chief Constable or any police officer from entering his garage or other building at any time for the purpose of inspecting such cab. 18. Where any licensed operator disposes of a cab and acquires another cab for which a license would be required by this by-law he shall submit the latter cab to the Chief Constable for inspection and approval before using the same. 19. No licensed operator of any cab shall employ any person other than a licensed cab driver as a driver of such cab. 20. When a licensed operator employs a driver for a licensed ·--~~-- - 6 .,. cab the operator shall, within cwo days thereafter, notify the Chief Constable that he has employed such driver, giving the driver's name and address, and when such driver has ceased to be employed oy such operator, such operator shall, withi.n two d~ys thereafter notify the Chief Constable to such effect, giving the reason therefor. 21. No operator or driver licensed under this by-law shall smoke while in charge of a cab carrying passenger or passengers. 22. No operator or driver shall be licensed under this by-law unless he is of the full age of eighteen years or over. 23. Every operator or driver licensed under this by-law shall at;,all times obey the orders of the Police. 24. No operator or driver licensed under this by-law shall wash clean or make repairs.to his cab while it is upon any public stand unless such repairs are immediately required. 25. No owner or driver of a taxicab shall permit the taxicab to remain standing upon a highway in the Town of Aurora unless for the immediate purpose of: (a) Taking on a passenger who has already engaged the taxicab. (b) Discharging a passenger from the taxicab, or (c) Under the direction so to remain by a ~assenger by whom the taxicab is already engaged and in the continuance of such engagement; and (d) No owner or driver of a taxicab shall permit the taxicab to remain standing on a highway in the Town of Aurora for the purpose of waiting for a "call"; "CALL" within the meaning of this section, shall include a request or direction for the use of the taxicab transmitted by radio or radio-telephone, or by personal request of a prospective passenger, or in any other manner. 26. No operator or driver licensed under this by-law shall take, consume or have in his possession any liquor while he is in charge of a cab, nor shall the use of liquor by him be apparent while he is in charge of any cab. 27. No operator or driverlrecensed under this by-law or other persons employed by him shall solicit any person to take or use his cab, but the person wishing to use a cab shall be left to choose without interruption or solicitation •. - 7 - 28. No operator licensed under this by-law shall require a driver or any other person employed by him to work more than. twelve hours out of any fifteen hour period. 29. In no case shall the driver or other person be employed more than fi.fteen hours out of any twenty-four period and no such driver or person shall be required to work more than six days each week. 30. (a) (i) No female licensed as a driver under this by-law shall operate any cab between the hours of 7:00 p.m. of any day and 7:00 a.m. of the following day, and no owner licensed under this by-law shall employ any female driver between the said hours; ( ii) Every female driver shall, during her hours;;.of employment, wear a cap of a design approved by the Chief Constable, and further shall comply with all the requirements of this by-law re- specting cab drivers. (b) Every owner who employs one or more female drivers .shall provide separate rest rooms and toilet accomodations fu:Jr• such female drivers, and no female driver shall operate from any premises at which no such rest room and accommodations are provided. himself, 31. No operator licensed under this by-law shall/be on duty or drive his cab more than fifteen hours within any twenty- four hour period or drive a cab during more than six days in any week. 32. Every operator and driver licensed under this by-law shall wear a cap of a design approved by the Chief Constable and the metal badge referred to in paragraph 2 hereof shall be affixed thereto during the hours of his employment as a cab driver. 33. Every driver licensed under this by-law while driving a cab and an operator driving hi~ own cab shall be properly dressed neat and clean in his person and civil and well behaved and while on any p~blic stand he shall sit or stand sufficiently close to his cab so as to have it constantly under observation and such drivers or operators shall not stand in groups of three or more or in any way obstruct the use of the sidewalk or ... - 8 - highway or make any loud noise or distrubance, or use obscene, impudent or obusive language, or molest or annoy or insult the owners, occupiers, inmates or inhabitants of any house or residence, or any passenger or person whomsoever. 34. Every person licensed under this by-law who changes his address ~:rhall notify the Chief Constable within two days thereof to the Chief Constable and shall give/his new agdress. 35. No person licensed under this by-law shall employ or allow any runner or any person to assist or act in concert with him in ob:llaining any passengers or baggage from any oftthe stands or elsewhere in the said Town. 36. Every operator or driver licensed under this by-law shall (unless he has some previous order) serve the first person requiring the service of his cab within the Town at arwspecified time by day or nmght. If he pleads some previous engagement he shall upon demand give the name and address of the person to whom he is so enggged together with the time and place of such engagement. He shall punctually keep all his appoint- ments and shall not accept any engagement that a previous appoint- ment would prevent him from fulfilling, and if he should neglect to fuifill his engagement or be not punctual to the time of his appointment, he shall be subject to the penalty of this by-law, provided, however, that he shall not be compelled to accept any order from a person who owes him for a previous fare or service unless and until the same be paid. 37. Every operator and driver licensed under this by-law shall take due care of all property delivered in trust to him for conveyance or safekeeping. Every driver of a cab immediately upon the termination of any hiring or engagement shall carefully search his cab for any property lost or left therein and all property and money left in hllicab shall be forthwith delivered to the person owning the same, or if the owner cannot at once be found, then to the Town Police Office with all information in his possession regarding the same. 38. No operator or driver of any cab shall knowingly drive, or permit to be driven about the street in his cab, any women known to be of bad character. 39. Every licensed driver and every licensed operator shall drive the cab by the most direct travelled route to the point of - 9 - destination unless otherwise desired by the passenger. 40. Every licensed cab operator shall keep a record of the date, time, origin and destination of each trip and of the name of the driver and the license number of the cab. Such records shall be retained for at least six months and the operator, if so required, shall give full information to any police officer or constable with reference to the address of the house or the place to or from which any passenger was driven' together with the description of such passengers and all matters within his knowledge relating to such passengers. 41. The driver of any cab shall upon the request of any passenger give in writing his name, address, drivers' license number and the lieense number of his cab, also the name and address of the owner of said cab. 42. No driver of any cab shall carry any passenger other than paying passengers while such vehicle is being used as a cab or while on duty subject to call. TARIFF AND TARIFF CARDS 43. The rates or fares to be charged by the licensed operators or licensed drivers of cabs when transporting passengers either wholly within the Municipality of the Town of Aurora or to any point not more than three miles beyond its limits, shall be exactly as shown in Schedule "A" which does form part of this by-law, and no higher or lower amount than contained in the said schedule shall be charged·or payable. 44. When operating on a meter basis, the rate or fare charged shall be exactly asshown by the taxi-meter together with any additional charges authorized by the said Schedule "A". 45. When operating on a meter basis, the rate or fare charged shall be computed from the time or place whenoor at which the passenger or passengers first entered the cab~to the time or place when, or at which the passenger or passengers are finally discharged from the cab. 46. The tariff card furnished by the Chief Constable shall be placed and kept by the person licensed in or upon his cab in such places as may be approved of or designed by the Chief Constable, and no person so licensed shall use any tariff card other than that obtained from the Chi@f Constable, or remove, ~-------------------------'----------------- ,--·------~~~~~~~~~~~~~~~- r=] "'·~~-- -10 - exchange, lend or otherwise dispose of the said tariff card. 47. Tariff cards, badges or plates which have been defaced, lost or destroyed may be replaced by the Chief Constable upon the original tariff card, badge or plate being satisfactorily accounted for and in case of a badge or plate, upon payment off1fty cents (50¢) . at any time, 48. Council at its discretion may;revoke and cancel any license issued undee the provisions of this by-law and shall not be . '•· bound to give any reason for refusing or revoking a license. ~9. In the event of any license being cancelled or revoked, the previous holder thereof shall not be permitted to make application for a license under this by-law until after a lapse of one year of the date of such cancellation revokation. PENALTIES 50. Any person convicted of a violation of any of the provisions of this by-law shall forfeit and pay at the descretion of the convicting Magistrate a penalty not exceeding (ex~iliusive of costs) the sum of Three Hundred Dollars ( $300.00) f·or each offence and such penaltY. shall be recoverable under the provisions of the Summary Convictions Act. / I / By-law Nos. 879, 961 and 968 are hereby repealed. ~ 52. This by-law shall come into force and effect of the f1 P:lit day of ~-1959. READ A FIRST AND A SECOND TIME THIS 16TH DAY OF FEBRUARY, 1959 (TMayor READ A THIRD TIME AND FINALLY PASSED THIS ~. DAY OF ~ 1959 . - ' j' SCHEDULE "p;" Schedule of Rates (1) The first basic charge will be .45¢ for the 1st mile. (2) For each additional 1/3 of a mile there shall be an additional .10¢ charged. (3) Waiting time shall be .05¢ per minute or $3.00 per hour. (4) The rates for carrying persons on a long term contractual basis shall not exceed the rat$as above set out. Form 2 SCHEDULE "B" TOWN OF AURORA CAB DRIVER'S LICENSE Chauffeur License No. . .•.......... Cab Badge No. Dated this ........ day of .•..•.••.•••••••••. , 19 .... . (Name in full) ....................................... . (Address) ............................................ . . ....... . This License is issued subject to the conditions of any or all By-laws of the Town of Aurora relating to owners and drivers of cabs and other vehicles. This is to certify that , , .. , , , , , , . , . , , ... , .. , .. , , , , is hereby licensed as a cab driver. By order of the Council of the Town of Aurora. This License cannot be transferred or sold. Received the sum of$ .•..•...•..•. for the above license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Treasurer Photograph of Licensed Person ............................. Chief Constable ,--~------~--~-----~-~-\, • SCHEDULE "C" Form 1 No. . . . . . . L I C E N S E MUNICIPALITY OF .•................................ TO ALL WHOM IT MAY CONCERN: GREETING: This License is granted to .......•....•........... of ............................................................... . to carry on the (a) ...................•...••... of a (b) ..........• Provided ti1e said .............................. . shalLLduly observe all such By-laws, Rules and Regulations, matters and things as are, or may be enacted by the Municipal Council of the •..•...•. . . . . . . . . . . . . . . . . . . . . of .......................... or legally consti t- uted Board of Commissioners thereof to govern within their jurisdic- tion. This License to continue in force until ................• 19 .•. and no longer. Issued at ....................... this ................... day of •••• 0 ••••• 0 ••••••••••••••••••• 19 . 0 •• 0 •••••••••••••••• 0 •••••••••••••••• 0 Clerk Received of ................. ·~ ........ . the sum of ........................... . being the full amount payable on this lie- ense . (a) Business, Trade, Calling or Occupation, as the case may be. (b) Here insert the nature of the Business, Trade, Calling or Occupation. • • • • 0 ••••••••••••••••••• 0 ••••••••• Treasurer