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BYLAW - Limousine By law - 19970723 - 373496PTHE CORPORATION OF THE TOWN OF AURORA By-law Number 3734-96.P BEING A BY-LAW TO LICENSE REGULATE AND GOVERN LIMOUSINE OWNERS AND DRIVERS . WHEREAS section 232 of the Municipal Act, R. S. 0., 1990 c.M.45 (as amended) enables a municipal council to enact By-laws for licensing, regulating and governing Owners and Drivers of classes of motor vehicles used for hire; NOW THEREFORE the Municipal Council of the Corporation of the Town of Aurora ENACTS AS FOLLOWS: PART I DEFINITIONS 1. For the purposes of this By-law: (1) "Clerk" means the Clerk of the Corporation together with such persons as may be designated by the Clerk to administer and enforce this By-law; (2) "Corporation" means the Corporation of the Town of Aurora; (3) "Council" means the Council of the Corporation; (4) "Driver" means a person who drives a Limousine for gain or expectation of profit or who drives a Limousine as an employee of a Limousine Owner; (5) "Fare" means the charge or fee that is solicited or paid for the transportation of passengers or goods by a Limousine; (6) "License Plate Lease" means an agreement, whether written or verbal, between an Owner and another person, which purports or attempts to transfer, lease, assign, license or permit the Owner's License Plate or License sticker to be used by another person for any period of time; (7) "License" means authorization under this By-law to carry on the trade, business or activity specified therein and "License" shall include the License of an Owner and a Driver; (8) "License Plate" means the License Plate issued to an Owner under this By-law; (9) "Limousine" means a motor vehicle that is designed or customarily used for the transportation of goods or persons, where such motor vehicle is offered or made available for hire together with a driver and where such motor vehicle is equipped and operated in a manner designed to attract a clientele that will pay a premium for Limousine services as distinguished from the services of a "taxicab" as defined in the Corporation"s Taxicab By-law 3680-96.P (as amended or successor legislation thereto) by virtue of the fact that the motor vehicle may be a luxury motor vehicle, pre-schedules its services, does not have a meter in relation to determining a Fare or a two radio or third party advertising or advertising devices; (10) "Owner" means a person who is the registered owner of a Limousine; however, in circumstances where a person has entered into a lease to own agreement in relation to a Limousine with a registered owner of a Limousine who is not in possession or control of the Limousine, "Owner" shall mean the party to that agreement who is in possession or control of the Limousine. "Owner" shall not include any person who enters into a License Plate Lease in order to make use of a Limousine without being directly Licensed pursuant to this By-law; - 2 - (11) "Passenger" means any person other than the Driver who is seated or otherwise situated within a Limousine; (12) "Person" includes a natural individual and their heirs, executors, administrators or other legally appointed representatives, a corporation, partnership or other form of business association; (13) "Provincial Offences Officer" means a person appointed as such by Council pursuant to the provisions of the Provincial Offences Act (as amended) and "Provincial Offences Officer" shall include a police officer. (14) "Sale" means the transfer of ownership of one or more Limousines for consideration either in money or its equivalent; (15) "Town" means the geographic limits of the Town ofAurora; (16) "Model Year" means the figures appearing under the heading "year" in the Description of Motor Vehicle portion of the current Ministry of Transportation of Ontario passenger motor vehicle permit for any vehicle. PART II GENERAL PROHIBITIONS 2. No person may be an Owner or a Driver in relation to a Limousine except in accordance with the provisions of this By-law. 3. No person may be an Owner of a Limousine without making application for, obtaining and maintaining in accordance with the provisions of this By-law a separate Owner's License in relation to each Limousine owned by such person. 4. No person may be a Driver of a Limousine without making application for, obtaining and maintaining a Driver's License in accordance with the provisions of this By-law. 5. No person who does not hold a valid License pursuant to this By-law may publish or cause to be published any representation that they are Licensed within the meaning of this By- law. PART III LICENSING REQUIREMENTS Nature of a License and General Regulations 6. Administration of this By-law shall be the responsibility of the Clerk, who is hereby authorized to carry out the tasks and responsibilities assigned to the Clerk herein and to issue Licenses to Owners and Drivers in accordance with the provisions of this By-law. 7. The provisions of this By-law may be enforced by the Clerk or by a Provincial Offences Officer. 8. An application for a License or for a renewal or transfer of a License, shall be complete and shall be submitted to the Clerk on the forms provided by the Clerk from time to time together with the License fee as set out on Schedule "A" to this By-law as amended from time to time. 9. Acceptance of the application and fee by the Clerk shall not represent approval of the application for the issuance of a License nor shall it obligate the Clerk to issue such License. 10. No person shall enjoy a vested right in the continuance of a License and the property interest of a License shall remain the property of the Corporation irrespective of the issuance, renewal, cancellation or suspension thereof. - 3 - 11. No person licensed to carry on business under this By-law shall advertise or promote or carry on such business under any name other than the name endorsed upon the License. 12. The term of each License shall, unless otherwise expressed in the License, be valid for a period of one year from the first day of April in the year of issuance or renewal up to and including the 31st day of March of the following year, unless sooner revoked, suspended, voluntarily relinquished to the Corporation or amended. 13. No License may be leased, sublicensed, transferred, assigned or used by any person other than the licensee and no person may be an Owner of a Limousine by virtue of a License Plate Lease. 14. Every application for a License respecting a natural individual, or the renewal thereof, shall be delivered personally to the Clerk. In the case of an applicant other than a natural individual, the application shall be delivered by an agent thereof. 15. No natural individual shall be Licensed as an Owner or Driver unless they are a citizen of Canada, or have attained landed immigrant status or possess a valid work permit issued by the Government of Canada and a valid current Class "G" Driver's License issued by the Province of Ontario. 16. An applicant is entitled to be Licensed and a Licensee is entitled to have such License renewed, except where: (1) the past conduct of the applicant or Licensee affords reasonable grounds for the belief that the applicant or Licensee will not carry on the activity for which the applicant is Licensed or to continue to be Licensed, in accordance with law and with integrity and honesty; or (2) the issuance of the License or renewal of the License would be contrary to the public interest; or (3) the applicant or Licensee is carrying on activities that are, or will be, if the applicant is Licensed, in contravention of this By-law; or (4) there are reasonable grounds for belief that the premises, accommodation, equipment, vehicles or facilities in respect of which the License is required do not comply with the provisions of this By-law or other applicable law; or (5) if the applicant or Licensee is a corporation, (a) the past conduct of the officers or directors affords reasonable grounds for the belief that the applicant or Licensee will not carry on the activity for which the applicant is to be Licensed in accordance with law; or (b) the issuance of the License or renewal of the License would be contrary to the public interest. Maximum Numbers of Owners' Licenses 17. The Clerk may not issue more than one Limousine Owner's License for each five thousand (5,000) persons residing in the Town. 18. No Owner, acting alone or in concert with a subsidiary, affiliate or partnership, may hold or control more than two-thirds (2/3) of the total Owner's Licenses available Owner's License Requirements 19. No person shall be Licensed as an Owner unless: - 4 - (1) the applicant files with the Clerk proof that they hold a current passenger motor vehicle permit in relation to the Limousine, which is in good standing and was issued in the applicant's name by the Ministry of Transportation for the motor vehicle of which the person is the Owner. Where the applicant leases to own a Limousine, they shall provide the Town with a copy of such agreement together with a copy of the motor vehicle permit issued in the name of the registered Owner. This section shall not be construed as permitting any person to operate a Limousine by virtue of a License Plate Lease; (2) the applicant files with the Clerk a certified copy of a current policy of insurance from a recognized insurance company in relation to the operation of the Limousine insuring the Owner for property damage, personal injury or death to any one person in the sum of not less than one million ($1 ,000,000.00) dollars and such policy shall make provision for passenger hazard or third party liability for not less than the foregoing amount. Such policy shall also be endorsed to the effect that the Town of Aurora shall be given thirty (30) days prior written notice of any cancellation or expiration or variation in the amount of the policy; (3) the Limousine for which the License is to be issued meets the requirements of this By-law. (4) the applicant is a Driver Licensed as such under this By-law. 20. Where an applicant for a Limousine Owner's License is a corporation, the person holding the shares carrying at least fifty-one (51%) percent of the voting rights attached to all shares of the corporation for the time being issued and outstanding shall be a Driver Licensed under this By-law. If no one person holds at least fifty-one (51%) percent of the voting rights of the corporation, then the corporation shall designate one person to be the Licensed Driver under the provisions of this By-law. Driver's License Requirements 21. No person shall be Licensed as a Driver unless: (1) the applicant provides the Clerk with proof that they hold a valid, current Class "G" Driver's License issued by the Government of Ontario, which is in good standing according to the records of the Ministry of Transportation. (2) the applicant provides the Clerk with a copy of a police comment letter in relation to the application, dated within 30 days of the date of application or renewal. (3) the applicant provides the Clerk with a copy of a Driver's abstract from the Ministry of Transportation for Ontario; ( 4) the applicant provides the Clerk with proof that they are at least 18 yrs. of age; (5) the person provides a letter from a prospective employer who is a Licensed Owner; (6) the applicant provides the Clerk with a certificate signed by a duly qualified medical practitioner and dated within 30 days of the date of application or renewal, which states that the applicant is fit and able to operate a Limousine. Renewal of Licenses 22. Any application for a renewal of any License issued pursuant to this By-law shall: (1) be in the form provided by the Clerk; (2) contain all the information requested; (3) be accompanied by the required fee as set out in Schedule "A" ; (4) be accompanied by the License issued for the year immediately prior to renewal; - 5 - (5) be accompanied, when required, by the Owner's License Plate. 23. Every application for a renewal of any License issued pursuant to this By-law shall be delivered to the Clerk, in person, before the expiry date for such License. When an application for renewal of a License is delivered to the Clerk any time after the expiry date of the License, the applicant shall submit an application as a new applicant. Revocation or Suspension of License 24. The Council may revoke, suspend or refuse to renew a License: (1) Where the Licensee would not qualify for a License or would be disentitled to a renewal of a License on the grounds set out in this By-law; or (2) Where the Licensee has been the subject of repeated, established complaints regarding the operation of a Limousine; or (3) Where the Licensee has been found by the Clerk to be operating more vehicles as Limousines than the Licensee has Limousine Licenses for; (4) Where the Licensee has been found by the Clerk to have failed to comply with any of the provisions of this By-law; or (5) if the Owner fails to cause a Driver to provide Limousine service to the public for a period in excess of six (6) consecutive months; 25. Any License issued under this By-law may be cancelled by the Clerk at any time upon the request of the Licensee. Hearing 26. · Where the Clerk believes that the applicant or Licensee would be disentitled to a License or a renewal thereof for any of the reasons set out in this By-law, the Clerk shall not issue the License and the Clerk shall recommend to Council that Council shall refuse to issue or refuse to renew the License, or that Council suspend or revoke the License, or recommend that a License be issued subject to terms and conditions. 27. Before Council refuses to issue or refuses to renew a License, or revokes or suspends or cancels a License, a written notice advising the applicant or Licensee of the recommendation being made by the Clerk to Council with respect to the License shall be given to the applicant or Licensee by the Clerk. 28. The written notice to be given hereunder shall, (1) set out the grounds for the recommendation; (2) give reasonable particulars of the grounds; (3) be signed by the Clerk; and (4) inform the applicant or Licensee that they are entitled to a hearing before the Council, if they deliver, within seven (7) days after the date of service of the written notice, or the date of personal service of the written notice, whichever is later, a written request for a hearing before the Council. 29. On receipt of a written request for a hearing from an applicant or Licensee, the Clerk shall advise Council and request Council to convene a meeting and shall give the applicant or Licensee reasonable written notice thereof. 30. The applicant or Licensee shall have the right to make submissions in support of an application or renewal or retention of a License at such hearing and when the applicant or Licensee who has been given written notice of the hearing, does not attend at the proper - 6 - time and place, the Council may proceed with the hearing in the applicant or Licensee's absence and the applicant or Licensee shall not be entitled to any further notice of the proceedings. 31. At the conclusion of the hearing the Clerk shall, as soon as practicable, prepare a written report on the hearing, which shall summarize the evidence and the arguments presented by the parties to the hearing, set out the fmdings of fact and the decisions made by the Council and set out the reason for the decision. 32. If the applicant or Licensee signifies that he is prepared to accept conditions upon the License and to make no objection to such conditions, Council may grant a License or the renewal of a License upon such conditions as the Council consider appropriate. Service of Notice or Order required under this By-law 33. Any notice or order required to be given by the Clerk to an applicant or a Licensee is sufficiently served if delivered personally or by telephone transmission of a facsimile or sent by registered or certified mail, addressed to the person to whom service is required to be made, according to the Clerk's application or License records. 34. When service is made through registered mail, the service shall be deemed to have been made on the seventh (7th) day after the day of mailing. 35. When service is made by telephone transmission of a facsimile between 5 p.m. and midnight, it shall be deemed to have been made on the following day. Surrender of License 36. When a License has been revoked or cancelled or suspended, the holder of the License shall return the License and if applicable, the Owner's License Plate and sticker to the Clerk within twenty-four (24) hours of service of written notice of the decision of Council and the Clerk may enter upon the business premises or vehicles of the Licensee for the purpose of receiving, taking or removing the said License and Owner's License Plate and sticker and no person shall refuse to deliver up or in any way obstruct or prevent the Clerk from obtaining the License, the Owner's License Plate and License sticker. Inspections of Premises and Limousines 37. Every person Licensed under this By-law, when requested by the Clerk or a Provincial Offences Officer, shall submit any Limousine owned, operated or controlled by him for inspection either immediately or, in circumstances where the Limousine is engaged in the carriage of goods or passengers, at such time and place as the Clerk or Provincial Offences Officer may require. 38. In the course of such inspection the Clerk is entitled to request and have produced within a reasonable time all relevant Licenses and permits and to have access to all invoices, vouchers, appointment books and like documents of the person being inspected, provided such documents are relevant for the purposes of the inspection. 39. The Clerk may between 8 a.m. and 5 p.m. Monday to Friday inclusive enter upon the business premises of any Licensee to insure that the provisions of this By-law have been complied with. Notice of Change of Information 40. When a Licensee who is a natural individual changes their name or address or any information relating to the License, the Licensee shall notify the Clerk within forty-eight ( 48) hours after the change of information relating to the License and shall return the License immediately to the Clerk for amendment. - 7 - 41. Where a Licensee is a corporation and there is any change in the information as set out in the application for License, such as the names or addresses of the officer or directors, the location of the corporate head office or any change in the Ownership of shares, the Licensee shall report the change to the Clerk within seven (7) days thereof and if required by the Clerk, the License shall be immediately returned to the Clerk for amendment. PART IV LIMOUSINE OWNER REGULATIONS Limousine Owner Duties 42. Every Licensed Limousine Owner shall: (1) keep at all times in the vehicle of the Owner, the original, or a photostat copy of the original, of each of the following documents: (a) the current Ontario Ministry of Transportation and Communications Passenger Motor Vehicle Permit issued for that Licensed vehicle; (b) the current Limousine Owner's License issued under this By-law; (c) the certificate of liability insurance for the vehicle, in accordance with this By-law; (2) have in or on the vehicle: (a) the Owner's License Plate firmly affixed to the left rear trunk, or at a location and in a manner approved by the Clerk; (b) affixed within the Limousine, in a location and in a manner approved by the Clerk, the License Plate number, a notice advising passengers of the grounds for refusing to accept a Passenger as set out in this By-law and that complaints may be made to the Clerk at the telephone number provided by the Clerk, a card showing the Fare and such other information as may be required by the Clerk from time to time; (3) employ or use only the services of Licensed Limousine Drivers; (4) provide the Clerk with the name of the Licensed Driver operating the vehicle, within seventy-two (72) hours of the time when the Licensed Driver has commenced to operate the said vehicle; and (5) repair any mechanical defect in the vehicle, reported to him/her by a Licensed Driver; Limousine Owner Prohibitions: 43. No person may be an Owner of a Limousine that is also licensed as a "taxicab" as defined in the Corporation"s Taxicab By-law 3680-96.P (as amended or successor legislation thereto). 44. No person may be an Owner of a Limousine that is equipped with a meter for registering distance travelled or computing fares to be paid. 45. No person may permit a Limousine owned by him to charge a Fare for a Limousine service based on any calculation other than a flat rate or on an hourly basis and no Owner may charge a Fare higher than the Fare quoted when the Limousine service is scheduled. 46. No Owner of a Limousine may permit a Limousine owned by him to pick up passengers at a taxicab stand or to offer to pick up unscheduled passengers from a public place or to pick up passengers that have not pre-scheduled the Limousine service or to pick up passengers made known to that person by means of a two way radio. - 8 - 47. No Limousine Owner shall: (1) in any manner permit a Limousine not owned by him to be operated under the authority of the Owner's License Plate; (2) permit a Limousine of the Owner to be operated with mechanical defects of which the Owner is aware; (3) operate a Limousine or permit a Limousine to be operated under this By-law without the Owner's License Plate or sticker for that Limousine attached thereto; (4) . affix or permit any person to affix any License, Owner's License Plate or sticker issued pursuant to this By-law to any vehicle except the vehicle for which it was issued; (5) operate a Limousine or permit a Limousine to be operated which is not registered under this By-law; (6) allow or permit a Limousine to be operated when it is not clean, dry and in good repair as to its interior; (7) allow or permit a Limousine to be operated when the exterior is not clean or it has exterior body damage or rust; (8) display any name, address, telephone number or other form of identification or advertising on a Limousine other than that of the Owner, provided such identification or advertising may not exceed 3 inches in height and may only be located in the rear window of the Limousine, and no Limousine may be equipped with a roof light or roof sign or other form of advertising device; (9) operate or permit a Limousine to be operated for the purpose of providing a jitney service; (10) operate or permit a Limousine to be operated with a two way radio; (11) operate or permit a Limousine to be operated as or in lieu of a "Taxicab" within the meaning of the Corporation's Taxicab By-law 3680-96 (as amended or successor legislation thereto); PART V INSURANCE 48. When a Licensed Owner ceases to have a current and valid Ontario standard automobile insurance policy in good standing and properly endorsed in accordance with the provisions of this By-law, the License shall be deemed to be suspended as of the date on which the cessation of insurance came to the attention of the Clerk, and the License shall only be reinstated on there being delivered to the Clerk, written proof of insurance in accordance with the provisions of the By-law. 49. When the Licensed Owner has a License suspended under the foregoing section, the Owner shall forthwith remove the Owner's License Plate and return the Owner's License Plate and the License to the Clerk. 50. When a Licensed Owner cancels the current insurance before the expiry date of the policy, the Owner must produce a certificate of newly acquired insurance, or return the Limousine Owner's License Plate and the License to the Clerk on the date and time of the cancellation. 51. All insurance renewal policies or certificates of insurance shall be filed with the Clerk five (5) days prior to the expiry date of the current insurance policy. - 9 - PART VI VEIDCLE APPROVAL 52. An applicant for an Owner's License under this By-law shall, before using the vehicle as a Limousine: (1) attend at the Licensing Office and produce a copy of the current passenger motor vehicle permit in good standing, issued by the Ministry of Transportation and Communications, in the applicant's name, a copy of the current Ontario Standard Automobile Insurance Policy to show the vehicle being registered and the Owner's License; (2) submit the vehicle to be registered for inspection and approval by the Clerk; (3) produce and file with the Clerk a valid Safety Standard Certificate issued under the Highway Traffic Act and dated within 30 days prior to the application,; (4) file with the Clerk all documents relating to the vehicle, including, if applicable, a leasing agreement or similar documentation relating to Ownership of the vehicle; 53. An Owner Licensed under this By-law who disposes of the vehicle or otherwise ceases to use the vehicle for the purposes permitted under this By-law and acquires another vehicle for the purposes permitted under this By-law, before using the vehicle as a Limousine, shall: (1) attend at the Licensing Office and produce a copy of the current passenger motor vehicle permit in good standing issued by the Ministry of Transportation and Communications in the License Plate Owner's name, the Owner's License, and a copy of the current Ontario Standard Automobile Insurance Policy, endorsed to show the vehicle being registered; (2) produce and file with the Clerk a valid Safety Standard Certificate issued under the Highway Traffic Act and dated within thirty (30) days prior to the application; and (3) file with the Clerk, all documents required to report the change, including, if applicable, a leasing arrangement or similar documentation relating to Ownership. ( 4) in addition to the provisions of this subsection the vehicle to be used shall be submitted for inspection by the Clerk during normal business hours and shall not be used until the inspection has taken place, the approval given, and the provisions of subsection (2) have been satisfied; 54. When the Licensed Owner meets all the requirements of this section, the vehicle shall be deemed to be registered and the former vehicle for which the License has been issued is deemed to be no longer registered. Model Year Restriction 55. No person shall operate or permit to be operated under the Owner's License, a vehicle which is of a model year older than five (5) years calculated. from the first day of January of the model year. 56. Notwithstanding the provisions of the foregoing section, an Owner may make written request to the Clerk, for an extension on the model year provided the vehicle conforms in all other respects with the requirements of this By-law and as a condition of renewal for vehicles over (5) five model years old, the Clerk may require a valid Safety Standard Certificate, issued under the Highway Traffic Act by a mechanic designated by the Clerk within thirty (30) days prior to the date of application on the form provided by the Clerk. -10 - Mandatory Limousine Inspections 57. The Clerk shall give notice to the Licensed Limousine Owner of two inspections a year for each Limousine owned. One such inspection shall be completed in conjunction with the annual renewal of the Owners License in April of each year; the second shall occur on or before the 31st of October in each year. 58. Upon receipt of a notice of inspection under the foregoing section, each Licensed Owner or agent shall attend with the vehicle at the appointed time and place and shall bring a Safety Standard Certificate issued under the Highway Traffic Act within thirty (30) days prior to the inspection date. 59. When a Limousine has been inspected in relation to vehicle approval within thirty (30) days of the date set out in the notice of mandatory inspection, the Limousine Owner shall not be required to have the vehicle re-inspected as required by the notice, but this section does not affect any other inspection required pursuant to this By-law. 60. Every Limousine powered by propane fuel shall have an inspection certificate filed with the Town of Aurora Clerk for each new or renewal License as well as at the time of normal inspections of the vehicle. The inspection certificate shall be signed by a propane fitter, 1st class (PF1) or 2nd class (PF2) only, who is employed by a company designated under the provisions of the Energy Act R.S.O. 1990 and the Regulations thereto. Disposal of Limousine 61. When the Licensed Limousine Owner of Licensed Limousine disposes of or otherwise ceases to use as a Limousine, the vehicle registered, the Owner shall immediately remove from the said vehicle being disposed of all items which make the vehicle appear to the public to be a Limousine. PART VII LIMOUSINE DRIVER REGULATIONS Limousine Driver Duties 62. Every Driver of a Limousine shall: (1) at all times while driving a Limousine display an identification card issued by the Clerk, which shall include a photograph at a place within the Limousine so that the card is visible to passengers using the Limousine; (2) at all times while driving a Limousine and at all times while on duty serving the public, wear in a prominent place on the outside of clothing, so that it is visible when approaching the public, an identification card issued by the Clerk, which displays the Driver's photograph, name, Driver's License number and year of License issue; (3) upon the request of any passenger, or when there is any complaint or any dispute about the Fare, give in writing, on the form prescribed by the Clerk the name, Limousine Driver License number, Limousine License number, vehicle number, the amount of the Fare, the name and address of the Owner of the Limousine and the telephone number of the Town of Aurora; (4) carry a valid Ontario Driver's License at all times when operating a Limousine; (5) punctually keep all appointments and engagements and shall not make any appointment if a previous engagement would prevent the Driver from fulfilling it; (6) be at liberty to refuse to serve any person who: (a) is intoxicated or disorderly; or -11 - · (b) refuses to give the destination; or (c) is in possession of an animal, other than a seeing eye dog; or (d) is eating or drinking any food or beverage; or (e) has not paid a previous Fare or cancellation fee; or (t) is, in the opinion of the Driver, unable or unwilling to pay the Fare and has been unable to satisfy the Driver that he has the funds to pay the Fare; or (g) refuses to extinguish a cigarette, cigar or pipe; (7) render such assistance as may be necessary so that the passenger may enter or leave the Limousine provided that in the event that the assistance of more than one person is required to effect the entry or discharge of the passenger, no Driver shall be required to carry such person; (8) be civil and behave courteously; (9) be properly dressed , well groomed, neat and clean in personal appearance and shall be appropriately dressed in a uniform or business attire; (10) each day, before commencing driving, inspect the Limousine for interior and exterior cleanliness and for any mechanical defects or interior or exterior damage and shall report forthwith any defects or damage found to the Owner of the Limousine; (11) while operating the Limousine, maintain the interior of the Limousine in a clean condition and good repair; (12) report, each day, upon completion of the operation of the Limousine, all defects in the Limousine to the Owner; (13) take due care of all property delivered or entrusted to the Driver and accepted for the conveyance or safekeeping and immediately upon termination of any hiring engagement, shall search the Limousine for any property lost or left therein. All property or money left in the Limousine shall forthwith be delivered to the person owning the same or if the .Owner cannot at once be found, shall be delivered to the Owner of the Limousine with all information in the Driver's possession regarding the property or money which shall be retained by the Owner of the Limousine for a period of 30 days; Limousine Driver Prohibitions 63. No person may be a Driver of a Limousine that is also licensed as a "taxicab" as defmed in the Corporation"s Taxicab By-law 3680-96.P (as amended or successor legislation thereto). 64. No person may be an Driver of a Limousine that is equipped with a meter for registering distance travelled or computing fares to be paid. 65. No Driver may charge a Fare for a Limousine service based on any calculation other than a flat rate or on an hourly basis and no Driver may charge a Fare higher than the Fare quoted when the Limousine service is scheduled. 66. No Driver may pick up passengers at a taxicab stand or offer to pick up unscheduled passengers from a public place or pick up passengers that have not pre-scheduled the Limousine service or pick up passengers made known to that person by means of a two way radio. 43. No Limousine Driver shall: (1) carry liquor, wine or beer in any Limousine at any time provided that this paragraph shall not be intended to exclude the carrying of the liquor, wine or beer of any passenger who is a bona fide passenger in the Limousine; -12 - (2) smoke, or permit anyone to smoke, any pipe, cigar, cigarette or any tobacco products in any Limousine without the consent of all occupants, including the Driver of the vehicle; (3) carry in a Limousine a greater number of passengers than is set out in the vehicle manufacturer's rating of seating capacity for such vehicle; (4) while waiting at any public place, (a) obstruct or interfere in any way with the normal use of the public place or interfere with the surrounding traffic patterns; (b) make any loud noise or disturbance; (c) be unable to observe the Limousine at all times; (d) make repairs to the Limousine unless the repairs are immediately necessary; (5) take, consume or have in the Driver's possession any alcohol, drugs or intoxicants while he is in charge of a Limousine; (6) drive a Limousine which does not have an Owner's License Plate affixed thereto; (7) drive a Limousine whose Owner is not a Licensed Limousine Owner; / (8) permit a passenger to stand in a Limousine while the vehicle is in motion; (9) recommend hotels, restaurants or other like facilities unless requested to do so by the passenger; (10) operate a Limousine unless such vehicle, (a) is equipped with an extra tire wheel and jack ready for use for that vehicle; (b) meets the standards for the issue of a Safety Standard Certificate of mechanical fituess; (c) is clean, dry, free from debris and in good repair as to its interior; (d) is clean and in good repair as to its exterior, free from rust and/or exterior body damage and with a well maintained exterior paint finish; (11) induce any person to engage the vehicle by any misleading or deceiving statement or representation to that person about the location or distance of any destination named by that person; (12) display any name, address, telephone number or other form of identification or advertising on a Limousine other than that of the Owner, provided such identification is in a form and location satisfactory to the Clerk in relation to being in keeping with the character of the Limousine as a luxury motor vehicle, and no Limousine may be equipped with a roof light or roof sign or other form of advertising device; (13) operate or permit a Limousine to be operated for the purpose of providing a jituey service; (14) operate or permit a Limousine to be operated with a two way radio; (15) operate a Limousine without a valid Ontario Driver's License; (16) operate or permit a Limousine to be operated as or in lieu of a "Taxicab" within the meaning of the Corporation's Taxicab By-law 3680-96 (as amended or successor legislation thereto); 67. The Clerk may, at any time, in the public interest, require a Limousine Driver to provide a certificate, prepared by a duly qualified medical practitioner, attesting as to whether or not the Limousine Driver is physically fit and able to operate a Limousine; -13 - 68. When a Licensed Limousine Driver has had the Province of Ontario Driver's license suspended, cancelled or revoked, or where such license has expired, the Driver's License issued under this By-law shall be deemed to be suspended as of the date of suspension, cancellation or revocation of the province of Ontario Driver's license and the Driver shall immediately return to the Clerk the License issued under this By-law; 69. If at any time the Limousine Driver's photograph is not a reasonable likeness of the Driver because of physical changes, the passage of time or poor quality photography, the Clerk may require that the Driver attend at the licensing office to supply another photograph; PART VIII PENALTY 70. Every person who contravenes any provision of this by-law is guilty of an offence, pursuant to the provisions of the Provincial Offences Act, R.S.O. 1990, c.P. 33 (as amended or successor legislation thereto) and, upon conviction, is liable to a fme of up to $5,000 or to the maximum fme that may now or hereinafter be applicable pursuant to that legislation. PART IX GENERAL PROVISIONS 71. The provisions of this By-law shall apply to all lands and premises within the Town of Aurora. 72. Should any section of this By-law be declared invalid by a court of competent jurisdiction, such section shall be construed as being severed therefrom and the remainder of the By-law shall continue in full force and effect. 73. All Schedules referred to in this By-law and attached to this By-law are deemed to be part of the By-law. 74. The short title of this By-law shall be the "Limousine By-law". 75. The provisions of this By-law shall come into force and effect upon third reading hereof. READ A FIRST TIME THIS 14TH DAY OF MAY, I996. READ A SECOND TIME THIS 25TH DAY OF JUNE, I997. READ A THIRD TIME AND FINALLY PASSED THIS 23RD DAY OF JULY, 1997. T. SCHEDULE 'A' TO BY-LAW NO. 3734-96 LICENCE FEES -LIMOUSINES Type of Licence Original Renewal (a) Owner's Licence $500.00 $250.00 (b) Driver's Licence $ 35.00 $ 35.00 (c) Owner Transfer Fee $250.00 Where an applicant for a Limousine Owner's Licence does not maintain an office within the Town of Aurora, an additional fee of $100.00 per annum shall be charged. Other Fees (a) (b) (c) Replacement fee for Limousine Driver's photo identification Replacement fee for Limousine Owner or Driver's Licence Replacement fee for loss of owner's License Plate $5.00 $5.00 $30.00