ORDINANCE NO. 528

AN ORDINANCE RELATING TO THE LICENSING AND REGULATION OF TAXICABS AND OTHER MOTOR VEHICLES USED AND KEPT FOR HIRE FOR CARRYING PASSENGERS WITHIN THE CITY OF GRAND JUNCTION, AND PROVIDING PENALTIES FOR VIOLATION THEREOF.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION:

SECTION 1. LICENSE. Effective January 1st, 1935, no person, firm, or corporation shall engage in the business of carrying passengers for pay, hire, or reward, in any vehicle of any kind or description (except railway, street cars, carriers operating under certificate of authority of the Public Utilities Commission of the State of Colorado), or omnibus or hack used by hotel keepers exclusively for the purpose of conveying passengers and hand baggage to and from hotels without charge, upon any of the streets, alleys or public highways in the City of Grand Junction unless he, they or it shall have first secured a license from said City so to do, as hereafter provided.

SECTION 2. LICENSE FEE: There shall be paid to the City Clerk by every person, firm or corporation applying for each such license, the sum of Fifteen Dollars ($15.00) per annum in advance for each such taxicab or other motor vehicle.

SECTION 3. APPLICATION - INSURANCE: Every applicant for a license hereunder shall make application in writing to the City Clerk setting forth: the name and address of the applicant, the number of vehicles to be used by applicant, the seating capacity of each thereof, the make and model of each vehicle, the place where such is kept or stored, the Colorado state license number of each such vehicle, and the name or names of the persons who may drive or operate such vehicle.

Every applicant for such license shall also file with the City Clerk a public liability and property damage insurance policy issued by an insurance company authorized to do business in the State of Colorado, covering each vehicle operated by or under control of the applicant, in the amounts of at least Five Thousand Dollars ($5,000.00) for death or injury of any one person, Ten Thousand Dollars ($10,000.00) for total liability in any one accident, and One Thousand Dollars ($1,000.00) for property damage; or in lieu of such insurance policy shall file with the City Clerk a bond in the penal sum of Five Thousand Dollars ($5,000.00), with surety or sureties satisfactory to and to be approved by the City Council, properly conditioned that the applicant will fully comply with the provisions of this Ordinance and will promptly pay all damages, judgments and liabilities caused by negligence of the applicant or his, their or its agents, employees or servants in the operation of any motor vehicle licensed hereunder, to any person, firm or corporation lawfully entitled thereto.

SECTION 4. LICENSE TAG: Upon issuance of every such license under the provisions of Section 1 hereof the City Clerk shall deliver to the licensee a metal license tag for each vehicle covered by such license, upon which shall be the words "TAXI, CITY OF GRAND JUNCTION", with the year for which such license is issued, and the number thereof for each vehicle covered by such license, which tag shall at all times, during which such vehicle is in service in the said City, be conspicuously placed on the front of said vehicle. Upon the revocation of any such license such tags and all badges issued hereunder shall be returned to said Clerk, or otherwise properly accounted for.

SECTION 5. DRIVER INTOXICATED: No licensee hereunder shall drive or operate any vehicle while in an intoxicated condition, and shall not permit any person in the habit of becoming intoxicated, or any person not of good moral character, to drive or operate any vehicle described in such application.

SECTION 6. DRIVER'S LICENSE: No such vehicle shall be driven or operated under such license except by a duly licensed driver as provided for herein. To obtain such driver's license the applicant must:

(a) Be of the age of eighteen years or over;

(b) Be of sound physique and good eyesight and not subject to epilepsy, vertigo, heart trouble or any other infirmity of the body or mind which might render him unfit for the safe operation of a public vehicle;

(c) Be able to read and write the English language;

(d) Be clean in dress and person and not addicted to the use of intoxicating liquors or drugs;

(e) Produce on forms, to be provided by the City Clerk, affidavits of good character from two reputable citizens who have known him personally and observed his conduct during one year preceding the date of his application, and a further testimonial on a form provided for that purpose from his last employer;

(f) Fill out upon a blank form to be provided by the City Clerk a statement giving his full name, residence, place of residence for 5 years previous to moving to his present address, age, color, height, color of eyes and hair, place of birth, length of time he has resided in the city, whether a citizen of the United States, place of previous employment, whether married or single, whether he has ever been convicted of a felony or misdemeanor, or whether he has been summoned to court, whether he has previously been licensed as a driver or chauffeur, and, if so, when and where and whether his license has ever been revoked and for what cause, which statement shall be signed and sworn to by the applicant and filed with the City Clerk as a permanent record.

The investigation of all applications for licenses under the provisions of this ordinance shall be conducted under the supervision of the Chief of Police; and no license shall be issued to any person who shall have been convicted of a felony.

No license shall be issued to any such driver until after a test or examination shall have been passed by the applicant for such driver's license, proving to the satisfaction of the Chief of Police the ability of such applicant to drive such vehicle as in the application for the license may be applied for, and showing to the satisfaction of said Chief of Police such applicant to be a competent driver or operator of such vehicle.

After such test or examination shall have been made and the Chief of Police shall find the driver to be a competent driver or operator of the kind of vehicle named, the City Clerk may issue a driver's license and badge to such applicant on the payment of a license fee in the sum of One Dollar ($1.00).

Each applicant for a driver's license must file with his application two recent photographs of himself of a size which may be easily attached to his license, one of which shall be attached to the license; and at all times when the vehicle for which the license is granted is being operated such photograph and license shall be kept on display in a conspicuous place in said vehicle so that said photograph and license may be easily seen by all passengers who might use said vehicle for hire, and the other of which shall be filed, together with the application, with the City Clerk. Such photograph shall be so attached to said license that it cannot be removed and another substituted without detection. Each licensed driver shall, upon demand exhibit his license and photograph for inspection. When any application for a license is denied, such photograph shall be returned to the applicant by the City Clerk.

SECTION 7. RULES AND REGULATIONS: The City Manager is hereby authorized and empowered to establish such additional rules and regulations governing the issuance of driver's licenses not inconsistent herewith as in his opinion may be necessary and reasonable.

SECTION 8. RATES OF FARE: The rates of fare to be charged by the owner or driver of a licensed vehicle for the carriage of passengers for hire within the City of Grand Junction shall be posted in each such vehicle in a conspicuous place, and no charge in excess thereof shall be demanded or collected by the owner or driver thereof.

SECTION 9. BAGGAGE: Whenever any article of baggage or goods shall be left in or upon any vehicle licensed under this ordinance, or in the custody of the driver thereof, such driver shall promptly deliver the same to the City's Police Station, and take receipt therefor.

SECTION 10. REFUSAL TO CONVEY PASSENGERS: No owner, driver or other person in charge of any vehicle licensed under this ordinance for the conveyance of passengers shall refuse to convey within said City any person, or having undertaken to convey said person, shall fail so to do, except when such person shall be drunk, or disorderly or afflicted with some contagious disease.

SECTION 11. RESPONSIBILITY OF LICENSEE: Any person to whom license is granted under this ordinance, shall, for all purposes, be considered the owner of the licensed vehicle and responsible for articles entrusted to, and equally liable with the driver thereof, for any and all acts of negligence and to all forfeitures, penalties and punishments herein contained.

SECTION 12. PENALTY: Any person violating any provisions of this ordinance shall be deemed guilty of a misdemeanor, and, upon conviction thereof shall be punished by fine of not less than Ten Dollars ($10.00) nor more than Three Hundred Dollars ($300.00) for each offense.

SECTION 13. VALIDITY: In case any one section or part of a section of this ordinance is held invalid, it shall not affect the validity of any other section or part of a section of this ordinance.

SECTION 14. REPEAL: All ordinances and part of ordinances in conflict herewith are hereby repealed.

SECTION 15. EMERGENCY CLAUSE: By reason of the fact that all licenses of said City are effective as of the first day of each year, and this ordinance must be in effect on January 1st, 1935, a special emergency is declared to exist, and the City Council finds and determines that the passage of this ordinance is immediately necessary for the preservation of the public peace, health, and safety, and that it shall take effect upon its passage.

Adopted and approved this 26th day of December, A. D. 1934.

/s/ Allen L. Holcombe

President of the Council

ATTEST:

/s/ Helen C. Tomlinson

City Clerk

I HEREBY CERTIFY that the foregoing emergency ordinance entitled, "AN ORDINANCE RELATING TO THE LICENSING AND REGULATION OF TAXICABS AND OTHER MOTOR VEHICLES USED AND KEPT FOR HIRE FOR CARRYING PASSENGERS WITHIN THE CITY OF GRAND JUNCTION, AND PROVIDING PENALTIES FOR VIOLATION THEREOF", was introduced, read, passed, numbered 528, and ordered published by the unanimous vote of the members of the City Council of the City of Grand Junction, at a regular adjourned meeting of said Council held on December 26th, 1934.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 26th day of December, A. D. 1934.

/s/ Helen C. Tomlinson

City Clerk

Published December 27th, 1934