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ORD20101322-Taxicab Ordinance COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1322 AN ORDINANCE TO AMEND CHAPTER 12, SECTION 12.06 (3), OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Taxicabs - Required Inspection) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 12, Section 12.06 (3), of the Municipal Code of the City of Muskego is hereby amended to read as follows: 3. INSPECTION REQUIRED a. No vehicle shall be licensed until it has been annually examined by an automobile repair facility that has been approved by the police department. Refusal to permit inspection of a vehicle shall be cause for suspension of the taxicab’s or taxicab driver’s license. Each vehicle shall be inspected to ensure that it is safe for the transportation of passengers, clean, of good appearance and well painted. If such examination and inspection reveals that the vehicle does not comply with any of the provisions of this section, no license shall be issued. No taxicab shall be licensed until the taxicab owner has provided the City of Muskego with documentation from an automobile repair facility showing that: 1. The horn, footbrake, windshield, rear vision mirror, fenders, exhaust system, windshield wipers, emergency brake, directional signals, speedometer, license lamps, tires, headlamps, stop lamps and tail lamps are in legal working order, as required by the Wisconsin Motor Vehicle Code; 2. The taxicab is in generally safe, sanitary and reliable condition. b. The inspection required by this section is only an inspection of the taxicab’s exterior and passenger areas and shall not be a thorough mechanical inspection of the taxicab. Nothing in this section shall be interpreted as relieving the owner or operator of a taxicab of any and all liability arising from any unsafe, unsanitary, unreliable or illegal conditions existing in this taxicab, whether or not such conditions are discovered or omitted by the inspections required herein. This section shall not be interpreted as creating a duty or liability on the part of the City of Muskego, Ord. #1322 Page 2 the Muskego Police Department or any employee or agent of the city to any person. c. Any police officer of the City of Muskego may, at all reasonable time, inspect any taxicab under such taxicab business license and may prohibit the use of any cab which is unsafe or not in proper repair. SECTION 2: The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections or portion thereof of the ordinance which shall remain in full force and effect. Any other ordinance whose terms are in conflict with the provisions of this ordinance is hereby repealed as to those terms that conflict. SECTION 3: This ordinance shall be in full force and effect from and after its passage and publication. ND PASSED AND APPROVED THIS __22 __DAY OF ___JUNE_____, 2010 CITY OF MUSKEGO John R. Johnson, Mayor ATTEST: First reading: 06/08/2010 ________________________ Clerk-Treasurer Notice of Newly Enacted Ordinance Published: 07/01/2010