Loading...
2004-242 ORDINANCE NO. 2004 - 242 An ordinance empowering tlze City Clerk- Treasurer to issue annual taxi cab company and taxi cab driver licenses without prior common council approval, witlz penalties for violations tlzereoj'as set/ortiz in ./GO 5.80.170. THE COMMON COUNCIL OF THE CITY OF JANESVILLE HEREBY DO ORDAIN AS FOLLOWS: SECTION I. Section 5.80.020 C. ofthe Code of General Ordinances of the City of Janes viI Ie is hereby amended to read as follows: "5.80.020. Taxicab Company License-Application-Infolìnation required-Fee-Bond---Issuance when. C. Upon receipt of any such application, accompanied by the bond or insurance required by subsection B. of this section and presentation of a receipt showing the payment of the prescribed fee for each taxicab, the City Clerk shall issue to the applicant a taxicab company license for each taxicab for which application, bondinglinsurance and fee payment have been made. The issued license shall bear the signature of the City Clerk. Any denial of a new or renewal application or issuance by the City Clerk for any reason may be appealed by the applicant to the Common Council by fìling a written appeal, signed by the applicant, setting forth in detail the reasons why the taxicab company license(s) should be issued. Upon such filing, the matter shall be placed upon the agenda of the next regularly scheduled meeting of the Common Council. The applicant shall be provided an opportunity to appear and under oath present evidence and testimony as to why the license(s) should be issued, and the City Clerk shall be provided an opportunity to show why the license(s) should not be issued. Each party may provide testimony, present witnesses, and cross-examine witnesses. A majority vote of the Common Council members present at the hearing shall govern and a tie vote sustains the City Clerk's decision to not issue the license(s)." SECTION II. Section 5.80.070 B. of the Code of General Ordinances of the City of Janesville is hereby amended to read as follows: "5.80.070 Municipal Taxicab Driver's License----Application -Fcc-Information required---Denied when--Receipt-Council detelìnination. B. Upon receipt of an application and presentation of a receipt showing the payment of the prescribed fee, only if the applicant satisfies all of the requirements set forth in subsection A. above, this subsection, and all of the other requirements for taxicab drivers and driver's license applications set forth of this Chapter, and only if issuance is recommended by the Chief of Police, the City Clerk shall issue to the applicant a taxicab driver's license to said applicant. The issued license shall be dated, contain the name of the licensee and be signed by the City Clerk. An application for a new or renewal taxicab driver's license may be denied due to the applicant's regular or CDL driver license or taxicab driver's license related history of drug or alcohol violations and/or recent (within five years) moving traffic violations and/or other related offenses, when, in the discretion of the City Clerk or Police Chiet~ it is deemed necessary and/or appropriate to deny said application for the public safety, welfare, peace, good order, and/or health of the community. Any denial of the application or issuance by the City Clerk for any reason may be appcaled by the applicant to the Common Council by filing a written appeal, signed by the applicant, setting forth in detail the reasons why the taxicab driver license(s) should be issued. Upon such filing, the matter shall be placed upon the agenda of the next regularly scheduled meeting of the Common Council. The applicant shall be provided an opportunity to appear and under oath present evidence and testimony as to why the liccnse should be issued, and the City Clerk shall be provided an opportunity to show why the liccnse should not be issued. Each party may provide testimony, present witnesses, and cross-examine witnesscs. A majority vote of the Common Council members present at the hearing shall govern and a tie vote sustains the City Clerk's decision to not issue the license(s)." ADOPTED: October 25, 2004 Motion by: DeGarmo Second by: Addie Council member Aye Nay Pass Absent Wellnitz, Tim X Brien X Williams X Wellnitz, Tom X Steeber X DeGarmo X Addie X APPROVED: ~C~ Steven E. Sheiffer, City nager ATTEST: APPROVED AS TO FORM: øß(~ City Attorney , i Proposed by: Council President Steeber Prepared by: City Attorney On! draft/taxi cab licenses isslIcd by city clerk