Sec. 33-050. - [Effect of amendments.]

In the event that the city determines that it is in the best interests of the public to do so, and the city amends this chapter; Any permit agreement, driver permit, or vehicle permit granted pursuant to this chapter will become subject to the amended chapter upon the effective date of the amendment.

(Ord. No. 82938, § 1, 9-28-95)

Sec. 33-051. - Holder's duty to comply.

(a)

In the operation of a ground transportation service, a holder shall comply with the terms and conditions of the holder's permit agreement. Except to the extent expressly provided otherwise by the permit agreement, the holder shall comply with this chapter, the director's interpretations of the provisions herein, rules and regulations established by the director, and other laws applicable to the operation of a vehicle for hire.

(b)

Upon written notice by the director of a violation by a driver or employee, a holder who allows such driver or employee to drive a vehicle for hire while in violation becomes responsible and liable to the city for all fees, penalties, and license revocations incurred by the driver or employee because of a failure to comply with this chapter, rules and regulations established by the director, and other laws applicable to the operation of a vehicle for hire.

(Ord. No. 82938, § 1, 9-28-95)

Sec. 33-052. - Holder's duty to enforce compliance by drivers.

(a)

A holder shall establish a policy and take action to discourage, prevent, or correct violations of this chapter by drivers who are employed by the holder.

(b)

A holder shall not permit a driver who is employed by the holder to operate a vehicle for hire if the holder knows or has reasonable cause to suspect that the driver has failed to comply with this chapter, the rules and regulations established by the Director, or other applicable law.

(Ord. No. 82938, § 1, 9-28-95)

Sec. 33-053. - Notification of change of address or ownership.

A holder commits a violation if he:

(a)

Fails to notify the director within five business days of a change in the address or telephone number of the holder's ground transportation service; or

(b)

Changes the form of the business or officers of the corporation of the ground transportation service from that originally submitted, without a request to amend the operating permit.

(Ord. No. 82938, § 1, 9-28-95)

Sec. 33-054. - Holders responsible for fitness of drivers.

(a)

Every holder operating a ground transportation service in the city shall employ or contract as drivers only persons who are physically and mentally fit and who have sufficient experience and training to operate a vehicle in a safe and proper manner. It shall be the sole responsibility of the holder to employ or contract only those drivers who are qualified under this chapter to obtain a driver permit and who are familiar with those streets and addresses within the city over which they may operate. The employment or contracting of any driver shall be subject to the driver obtaining a temporary or permanent driver permit.

(b)

Every holder is charged with knowledge of the contents of the card file of all drivers whom he employs or with whom he contracts. The Director shall consider a holder's continued employment or contracting of any driver whose card file shows a lack of mental, emotional or temperamental capacity to be a safe and reliable driver, when reviewing such holder's request for a grant or renewal of an operating permit.

(Ord. No. 82938, § 1, 9-28-95)

Sec. 33-055. - Information and data to be kept and maintained two years; records to be made available for inspection.

Each holder shall maintain at the business office information and data on his ground transportation business and operations. The following specific requirements are hereby prescribed:

(a)

Accurate records, reports, receipts, driver manifests, and other operating information and data as may be required by the director shall be kept and maintained in a safe place for at least one year after date, and all such documents shall be made available at a place readily accessible for examination at all reasonable times by the transportation manager;

(b)

For good cause and upon request by the director, every holder shall submit to the transportation manager, in accordance with the uniform system prescribed, such information and data (including, but not limited to, reports, receipts, expenses, and statistics for each month and/or year of operation) as determined necessary by the director to evaluate the holder's operations; submission of the information and data shall be no later than the tenth day of the month next following the request by the director;

(c)

Every holder shall submit to the director reports on all accidents arising from or in connection with the operation of vehicles for hire owned and/or operated by him; reports shall be submitted within forty-eight (48) hours from the time of such occurrence on a form or report prescribed by the director; and

(d)

Every holder shall keep complete records on employees and drivers, bonds, and insurance policies as prescribed or approved by the director.

(Ord. No. 82938, § 1, 9-28-95; Ord. No. 91950, § 2, 6-8-00)

Sec. 33-056. - Appearance of drivers; driver's uniforms.

(a)

It shall be the responsibility of every holder to require that drivers under his employment be hygienically clean, well groomed, neat, and suitably dressed.

(1)

The term "hygienically clean" shall refer to that state of personal hygiene, body cleanliness and absence of offensive body odor normally associated with bathing or showering on a regular basis.

(2)

The term "well-groomed" shall mean that male drivers shall be clean-shaven, except for those parts of the face where a beard or mustache is worn and their hair shall be neatly trimmed; beards or mustaches shall be groomed and neatly trimmed at all times in order not to present a ragged appearance. For all drivers, it shall mean that scalp or facial hair shall be combed or brushed and that all clothing is clean, free from soil, grease and dirt, and without unrepaired rips or tears.

(3)

The term "neat and suitably dressed" shall mean all drivers are prohibited from wearing tee shirts as an outer garment, sweat shirts, sweat pants, halter or tube tops, body shirts (see through mesh) or similar attire. Shirts with tails must be tucked into pants, and socks or stockings shall be worn with shoes. Male drivers shall wear long pants and shirts with collars and sleeves. Female drivers shall wear dresses, slacks or skirts with blouses. Knee length shorts may be worn with the approval of the director.

(b)

A holder shall specify and require each driver to wear an identification tag bearing the driver's name, the name of the holder's business and be of such distinctive and uniform design as to readily identify the holder's ground transportation service.

(c)

While on duty, a driver shall wear the item specified by the holder employing the driver and shall comply with such other identification regulations as may be established by the director.

(Ord. No. 82938, § 1, 9-28-95)

Sec. 33-057. - Periodic appearance in person by holders and drivers.

Upon request and reasonable notice, holders and drivers shall appear, in person, before the director.

(Ord. No. 82938, § 1, 9-28-95)

Sec. 33-058. - Disposition of property left in vehicles for hire.

A driver shall return to the property owner without delay, any luggage, merchandise or other property left in a vehicle for hire. If the owner is not known, the driver shall immediately deliver to the holder employing him any property left in the vehicle with a complete written report as to when it was left in the vehicle and the circumstance relating thereto. The holder shall tag the property so delivered and attach to it a copy of the driver's written report and, if its owner is not or cannot be located, turn the property over to the police department no later than thirty (30) days after its discovery in the vehicle.

(Ord. No. 82938, § 1, 9-28-95)

Secs. 33-059—33-061. - Reserved.