CHAPTER XII. LICENSES AND BUSINESS REGULATIONSCHAPTER XII. LICENSES AND BUSINESS REGULATIONS\ARTICLE 10. TAXICAB AND TRANSPORTATION NETWORK COMPANIES

The following words and phrases where used in this article shall have the following meanings:

(a)   “Act” means the Kansas transportation network services act as adopted by Senate Bill No. 117 (2015), and as amended by Senate Bill No. 101 (2015), and as the same may be hereafter amended.

(b)   “City” means the City of Newton, Kansas.

(c)   The terms “digital network,” “personal vehicle,” “prearranged ride,” “transportation network company” or “TNC,” “transportation network company driver,” “transportation network company rider,” and “vehicle owner” shall have the same meanings as such terms are defined in the Act.

(d)   “Driver” means any person who is employed or otherwise engaged to serve as a driver for the purpose of providing rides to customers of a taxicab company or a TNC.

(e)   “Rider” means any person who utilizes the services of a taxicab company or TNC to provide transportation for such person.

(f)   “Street” means any street, alley and public parking lot in the City;

(g)   “Taxicab” means any motor vehicle carrying passengers for hire for which public patronage is solicited with the exception of the following:

(1)   Vehicles for hire operating under franchise or permit issued by the State Corporation Commission;

(2)   Vehicles exclusively licensed or regulated by law by the United States of America or this state;

(3)   Motor vehicles rented or hired out to persons other than the owner in the type business commonly referred to as "drive yourself vehicles," or any similar term in business of hiring out vehicles for the use of person so hiring such vehicle;

(4)   Vehicles offered to the public for hire exclusively as a luxury limousine service, and not for or offered as a regular means of general public transportation; and

(5)   Personal vehicles being operated by a TNC driver while logged onto a TNC digital network or while engaged in a prearranged ride.

(Ord. 3322; Ord. 4892-15)

No taxicab company or TNC shall permit an individual to act as a driver within the City corporate limits who meets any of the following criteria, and no person shall act as a driver for a taxicab company or TNC within the City corporate limits who meets any of the following criteria:

(a)   Has been convicted of:

(1)   Any person felony as described in any section of article 34 of chapter 21 of the Kansas Statutes Annotated, prior to their repeal, or article 54 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto;

(2)   Any sex offense as described in any section of article 35 of chapter 21 of the Kansas Statutes Annotated, prior to its repeal, or article 55 of chapter 21 of the Kansas Statutes Annotated or K.S.A. 2014 Supp. 21-6419 through 21-6422, and amendments thereto;

(3)   Identity theft as described in K.S.A. 21-4018, prior to its repeal, or K.S.A. 2014 Supp. 21-6107, and amendments thereto;

(4)   Any attempt, conspiracy or solicitation of any crime described in this paragraph; or

(5)   A crime under the Newton City Code or under the law of another jurisdiction which is substantially the same as the crimes described in this paragraph.

(b)   Is registered on the national sex offender registry, the Kansas offender registry or any similar registry of any other jurisdiction.

(c)   Has had a combined total of more than three moving violations in Kansas or any other jurisdiction within the past three years.

(d)   Has had a traffic violation in Kansas or any other jurisdiction within the past three years of attempting to evade the police, reckless driving or driving on a suspended license.

(e)   Has been convicted, adjudicated or place on diversion, within the past seven years, of:

(1)   Driving under the influence of drugs or alcohol in Kansas or any other jurisdiction;

(2)   Any crime involving controlled substances, as described in K.S.A. 2010 Supp. 21-36a01 through 21-36a17, prior to their transfer, or article 57 of chapter 21 of the Kansas Statutes Annotated, and amendments thereto, or any violation of any provision of the uniform controlled substances act prior to July 1, 2009;

(3)   Theft, as described in K.S.A. 21-3701, prior to its repeal, or K.S.A. 2014 Supp. 21-5801, and amendments thereto;

(4)   Any crime involving fraud, dishonesty or deceit, as described by the Kansas criminal code;

(5)   Any attempt, conspiracy or solicitation of any crime described in this subsection; or

(6)   A violation of the law or ordinance of another jurisdiction, including any municipality, which is substantially the same as the crimes described in this subsection.

(f)   Does not possess a valid driver’s license.

(g)   Does not possess proof of registration for the motor vehicle being used as a taxicab or as a personal vehicle being used to provide a prearranged ride.

(h)   Does not possess proof of automobile liability insurance for the motor vehicle being used as a taxicab or as a personal vehicle being used to provide a prearranged ride.

(i)    Is not at least 19 years of age.

(Ord. 3322; Ord. 4892-15)

The following regulations and requirements shall be applicable to any taxicab company and TNC, and any driver therefor, which provides transportation services to a rider where the ride originates in the City corporate limits:

(a)   Driver application procedures.  Prior to permitting or engaging an individual to operate as a driver as to rides originating in the City corporate limits, a taxicab company or TNC shall:

(1)   Require the individual to submit an application which includes information regarding the applicant’s address, age, driver’s license and driving history.  A TNC shall also require submission of information regarding the driver’s motor vehicle registration and automobile liability insurance; and

(2)   Obtain and review a driving history research report for such individual.

(b)   Drug and alcohol policy and procedures.

(1)   Taxicab companies and TNCs shall implement a zero tolerance policy on the use of drugs or alcohol while a driver is providing TNC or taxicab services, and shall provide notice of this policy as well as procedures to report a complaint about a driver who a rider reasonably suspects was under the influence of drugs or alcohol during the course of a trip.  It shall be sufficient to provide such notice on the website of the taxicab company or TNC.  Otherwise, such notice shall be place on file with the City Clerk who shall make the same available to any person upon inquiry.

(2)   Upon receipt of such rider complaint alleging a violation of the zero tolerance policy, the taxicab company or TNC shall immediately suspend such driver from service and shall conduct an investigation into the reported incident.  The suspension shall last the duration of the investigation.

(c)   Non-discrimination policy and procedures.  Taxicab companies and TNC’s shall adopt a policy of non-discrimination with respect to riders and potential riders, and shall notify drivers of such policy.  In relation thereto:

(1)   Drivers shall comply with all applicable laws regarding non-discrimination against riders or potential riders;

(2)   Divers shall comply with all applicable laws relating to accommodation of service animals;

(3)   A taxicab company or a TNC shall not impose additional charges for providing services to persons with physical disabilities because of those disabilities; and

(4)   A taxicab company or a TNC shall provide riders an opportunity to indicate whether they require a wheelchair-accessible vehicle.  If a taxicab company or a TNC cannot arrange wheelchair-accessible service in any instance, it shall direct the rider to an alternate provider of wheelchair-accessible service, if available.

(d)   Insurance requirements.

(1)   A TNC driver shall maintain such automobile insurance coverage as is required under the Act.

(2)   A taxicab company shall maintain automobile insurance coverage, covering each taxicab in service, which provides at least $500,000.00 for death, bodily injury and property damage.

(3)   Each TNC and taxicab driver shall carry proof of the required insurance coverage at all times during such driver’s use of a vehicle for purposes of providing taxicab or TNC service in the City.

(e)   Rider personally identifiable information.  A taxicab company or TNC shall not disclose a rider’s personally identifiable information to a third party unless:

(1)   The rider consents;

(2)   Disclosure is required by a legal obligation;

(3)   Disclosure is required to protect or defend the terms of use of the service or to investigate violations of those terms; or

(4)   Disclosure to the driver in order to facilitate correct identification of the rider by the driver, or to facilitate communication between the rider and the driver.

(5)   Fares.  Taxicab companies and TNCs may charge a fare for the services provided to riders, provided that if a fare is charged the following information shall be made available to riders:

(A)  The fare calculation method;

(B)  The applicable rates being charged; and

(C)  The option to receive an estimated fare before the rider enters the vehicle.

(6)   Records retention requirements.  Taxicab companies and TNCs shall maintain the following records for the periods of time as indicated:

(A)  Individual trip records for all trips originating in the corporate City limits at least one year from the date each trip was provided.

(B)  Driver records as to each driver which is employed or engaged to provide rides originating in the City corporate limits at least until the one-year anniversary of the date on which a driver’s services with the taxicab company or TNC have ended.

(C)  Records relevant to the enforcement of the zero tolerance drug and alcohol policy as required herein for a period of at least two years from the date that a rider complaint is received.

(Ord. 3322; Ord. 4892-15)

(a)   It shall be unlawful for any taxicab company or its driver to transport any rider from a location outside of the City corporate limits to a destination inside of the City corporate limits without being in full compliance with all regulations applicable to such taxicab company and driver as imposed by the jurisdiction from which such ride originated.

(b)   It shall be unlawful for any TNC to engage any TNC driver to provide a prearranged ride within the City corporate limits, either in whole or in part, if such TNC is not then operating in full compliance with the Act.

(c)   It shall be unlawful for any TNC driver to provide a prearranged ride within the City corporate limits, either in whole or in part, if such TNC driver is not then operating in full compliance with the Act.

(d)   It shall be unlawful for any TNC driver to solicit or accept street hails within the City corporate limits.

(e)   It shall be unlawful for any TNC driver to solicit or accept any cash payments from riders.

(f)   It shall be unlawful for any taxicab company, TNC or driver therefor to transport a rider in any vehicle which is not in good and safe operating condition and which is not properly equipped as required by law.

(Ord. 3322; Ord. 4892-15)

To aid in the enforcement of the provisions of this article, the City Clerk shall keep a register of each taxicab and TNC driver who is employed or engaged to provide transportation services to riders which rides originate in the City corporate limits.  The register shall include the driver’s name, address, age, sex and driver’s license number, and shall include an identification photograph of the driver.  Participation in such registry by taxicab companies and TNCs shall be voluntary.  Such register shall be a public record and open to inspection by the public at all times, and such information may be posted on the City’s website.

(Ord. 3322; Ord. 4892-15)

No taxicab or TNC driver shall use any street or alley as a public stand but shall operate from privately owned off-street parking; provided, however, that the city manager shall have the right to designate and mark one or more parking stalls or places at or near a depot or hotel or other place for the convenience of the public for the exclusive use of taxicabs and TNC drivers who are registered with the City pursuant to Section 12-1005.

(Ord. 3322; Ord. 4892-15)