ORD1997946AMENDED
ORDINANCE #946
AN ORDINANCE TO CREATE CHAPTER 12.06
OF THE MUNICIPAL CODE OF THE CITY OF MUSKEG0
(Regulation of Taxicabs)
COMMON COUNCIL - CITY OF MUSKEG0
The Common Council of the City of Muskego, Waukesha. Wisconsin, do ordain as follows:
SECTION 1: Chapter 12, Section 12.06 of the Municipal Code of the City of Muskego,
Wisconsin is hereby created to read as follows:
12.06 TAXICABS
(1) REGULATION OF TAXICABS.
(a) GENERALLY No person, firm or corporation shall engage in the business of operating
taxicabs, limousines or other vehicles for transportation of persons for hire within the City
without having a valid license from the City of Muskego for each cab or vehicle
operated. Busses are excluded.
taxicabs and other public vehicles under this Chapter shall be approved by the Finance
Committee before a license is issued. The Finance Committee shall require the
The applicant shall also file with his application the number of vehicles to be operated
applicant to furnish proof that public convenience and necessity require his licensing.
desires to add vehicles or to make a change in the vehicle operated under vehicles or to
under the license, and the data shall be filed with the Clerk-Treasurer, If an applicant
additions or substitutions with the Clerk-Treasurer, The Finance Committee, on receipt
make a change in the vehicle operated under the license, he shall make and file any
the date.
of the application shall fix a date for the hearing thereof and shall notify the applicant of
(c) APPLICATION. Application for license to operate public vehicles, taxicabs or
automobiles for hire upon the streets of the City shall be made by the owner of the public
vehicle, taxicab or automobile upon blanks to be furnished by the Clerk-Treasurer; and
the public vehicle, taxicab or automobile, have the name of the insurance company
such application shall contain the full name, address, and date of birth of the owner of
carrying the insurance, the policy numbers or number, and the amount of the insurance
carried, and such application shall be subscribed and sworn to by the applicant before
the Clerk-Treasurer The Police Department shall conduct an investigation of all
applicants, both new and renewal, to determine the suitability and character of the
applicant, and shall submit a written police report to the Finance Committee. The fee for
such police report shall be as from time to time established by resolution. Afler the
Finance Committee has held a hearing on the application and has recommended that a
license be granted, then upon payment of the license fee, as from time to time as
established by resolution, to the City Clerk-Treasurer with the application, the license
shall be issued by the City Clerk-Treasurer and when so licensed, there shall be
delivered to the licensee a license card containing the official license number of the
license.
(d) The license shall annually expire on December 31, and the fee for the privilege of
engaging in the taxicab business shall be as from time to time established by resolution.
(b) APPROVAL OF FINANCE COMMITTEE. Applications for licenses for operation of
(2) INSURANCE REQUIRED
(a) It shall be unlawful to operate a vehicle for the conveyance of passengers for hire or
permit the same to be operated, nor shall any license be issued hereunder until and
Ord. #946
lo
'c
unless the applicant for a license deposit with the City clerk-Treasurer a certified
copy of the commercial automobile liability policy for the vehicles for which licenses
are sought, said policy issued by a company admitted to do business in the State of
Wisconsin, paying on behalf of the applicant in the amount of One Hundred
Thousand Dollars ($100,000.00) for damage to property, and One Hundred
Thousand Dollars ($100,000.00) for injury to one (1) person and Three Hundred
Thousand Dollars ($300,000.00) for injury to more than one (1) person caused by the
operation of said vehicles in the city of Muskego.
(b) In consideration of issuing, said license each taxicab insurance policy shall contain a
provision that the same may not be cancelled before the expiration of its term except
upon thirty (30) days' written notice to the City. Every day upon which any vehicle is
operated for the conveyance of passengers for hire or when taxicab or cab or similar
transportation is offered to the public without an insurance policy as required herein
being in effect and on file with the City Clerk-Treasurer shall be deemed a separate
violation. The cancellation or other termination of any insurance policy issued in
compliance with this Section shall automatically revoke and terminate all licenses
issued for the taxicab covered by such insurance policy, unless another policy shall
be provided and in effect at the time of such cancellation or termination.
(3) INSPECTION REQUIRED
(a) No vehicle shall be licensed until it has been annually examined by a reputable
automobile repair facility and found to be in thoroughly satisfactory and safe
condition for the transportation of passengers, clean, of good appearance and well
the other provisions of this Chapter, If such examination and inspection shows that
painted. The Chief of Police shall determine whether said vehicle complies with all
vehicle does not comply with any of the provisions of this Section, no license shall
vehicles to a reputable garage for an independent inspection at owner's expense.
be issued. At the request of the Chief of Police, the taxicab owners shall take their
(b) No taxicab shall be licensed until the Police Department has approved that:
windshield wipers, emergency brake, directional signals, speedometer, license
1, The horn, footbrake, windshield, rear vision mirror, fenders. exhaust System,
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.
(c) The inspection required by this Section is only an inspection of the taxicabs exterior
taxicab. Nothing in this Section shall be interpreted as relieving the owner or
and passenger areas and shall not be a thorough mechanical inspection of the
operator of a taxicab from 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. the
Police Department or any employee or agent of the city to any person.
(d) Any police officer of this City may, at all reasonable times, inspect any cab or public
hack under such taxicab business license and may prohibit the use of any cab which
is unsafe or not in proper repair.
(4) CONDITIONS OF LICENSE
(a) Licenses Nontransferable. Licenses issued or granted under this Chapter shall be
(b) Information Card to be Displayed. A card containing the name of the owner,
nonassignable and nontransferable.
license number, the number of the vehicle and rates of fare printed thereon shall be
placed and at all times kept in a conspicuous place inside such vehicle.
(c) Liability of Licensee. Any licensee shall be liable for any violations of ordinances
or statutes by any and all persons operating taxicabs under its license.
Ord. #946
0 (d) Number of Passengers. No licensee or person driving a taxicab shall carry or
permit to be carried in any such vehicle more than the number of persons specified
(e) Common Council May Impose Further Restrictions. Any licensee hereunder
in the license applicable to such vehicle.
shall be subject to such further regulations and restrictions as may be imposed at
any time by the Common Council. (0 Posting Rates. Any person operating a taxicab shall, at all times, prominently post
and display in the taxicab, so they are visible to the passengers therein, the rates of
(g) Marking. Every taxicab shall be distinctly marked on two (2) sides, in letters not
fares for the use of the cab.
less than one and one-half inches (I-IP) n height, with the word "Taxicab" together
with the licensee's name.
(5) EXCEPTIONS
This Chapter shall not apply to persons, firms or corporations engaged in the business of
carrying passengers for hire both interstate and intrastate between regularly established points
and on regularly established time schedules, nor to the operator of a motor vehicle engaged in
the business of transporting school students for hire.
(6) TAXI DRIVER'S LICENSE
No person shall drive a taxicab unless he has secured a license therefor as provided in this
chapter, in addition to the state chauffeurs license. The annual fee for a taxicab driver's license
shall be as from time to time established by resolution. No such license shall be issued to any
person who is not competent to operate a motor vehicle or who is not familiar with the traffic laws
and ordinances. The Finance Committee of the Council shall examine each applicant for a
taxicab driver's license to determine the competency of the applicant. No such license shall be
issued except on certificate of the Committee that the applicant has demonstrated his ability to
operate a motor vehicle as required in this Chapter, and that such applicant is a person of good
character and moral standing. The Council may revoke any taxicab driver's license for repeated
violations of traffic laws or ordinances or of any ordinance or law which might reflect adversely
on the driver's character. reputation or moral standing.
(7) REFUSAL TO PAY TAXI FARE PROHIBITED.
No person who has been transported by a taxicab shall refuse to pay the fare for such
transportation as such fare is shown on the taximeter or zone meter, or as is stated on the rate
card posted in the taxicab.
(8) REVOCATION OF LICENSE
(a) Revocation. Licenses granted under this Chapter may be suspended or revoked at
any time by the Finance Committee of the City of Muskego after a hearing for any
violation of this chapter, When a taxicab license is revoked or canceled as herein
vehicle for which the license has been revoked as a taxicab.
provided, the City shall immediately notify the owner to cease at once to operate the
(b) Appeals. Any person who received a revocation of license and objects to all or part
thereof may appeal to the Common Council within seven (7) days of the receipt of
the order and the Common Council shall hear such appeal within thirty (30) days of
receipt of such written notice of the appeal. After such hearing, the Common
Council may reverse, affirm or modify the order or determination.
(9) PENALTIES AND PROSECUTION
Any person who violates any provisions of this Ordinance or who shall fail to obtain a license or
permit as required hereunder shall be subject to penalty as provided in Section 25.04 of the
Municipal Code of the City of Muskego.
Ord. #946
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 are hereby repealed
as to those terms that conflict.
SECTION 3: This ordinance shall be in full force and effect from and afler its passage and
publication.
~
PASSED AND APPROVED THIS 9” DAY OF SEPTEMBER, 1997
CITY OF MUSKEG0 /
ATEST.
First Reading 8/26/97
8/97jm
STATE OF WISCONSIN 1
Milwaukee County
) ss.
_I
Official Notice
COMMON COUNCIL.. CIW OF MUSKEGO
AMENDED
AN ORDINANCE TO CReATE
ORDINANCE #E346
CHAPTER 12.06 OF TAE MU~~ICIPN. CODE OF
THE CITY OF MUSKEG0
(Raplation of Taxicabs)
The Compon Council of the City of Muskego,
Waukesha. Wisconsin. do ordain as follows: SUTlQKL Chapter 12, Section 12.06 of the
Municipal Code of the City of Muskego. Wiseonsir
is hereby created to read as followvs: .. l2mxmAM 11) REGULATION OF TAXICABS.
la) GENERALLY. No person. firm or corpora-
tion shall engage in the business ofgperating tau.
tion of persons for hire within the City without hav.
cabs, l~mousines or~other vehicles for transporta-
each cab or vehicle operated Busses are excluded.
ing e vahd hcense from the City of Muskego for
(b) APPROVAL OF FINANCE COMMITTEE.
Applicetims for lieensea for operation of taxicab8
and other public vehicles undeithis Chapter shall
be approved by the Finance Committee before B
license is issued. The Finance Committee shall
require the applicant to furnish proof that public
The applicant shall also file with hie application
convedience and neceesity require his licensing.
the number of vehicles to be operated under the
license. and the data shall be filed w-ith the Clerk.
Reasurer. Ifan applicant desires to add vehicles or
to make change in the vehicle operated under
vehic!es or lo make a change in the vehicle operat
cd under the license. he shall make and file any
additions or subetitutions wth the Clerk-Tkeasur.
er. The Finance Committee. on receipt of the appli-
shall notify the applicant ofthe date.
cation shall fu 8 date for the hearing thereof and
le1 APPLICATION. Application for license to
operate public vehicles, taxicabs or automobiles for
the ownerofthe~public vehicle. tariesb or BYM~O.
hire upon the Streets ofthe City shall be made by
surer: and such application shall'eontarn the full
bile upon blanks to,be furnished by the Clerk-Trea-
pubhe vehcle. taxicab or automobile, have the
name, address. and date of birth ofthe own'er ofthe
name ofthe insurance company carrying the m6ur-
mce. the policy numbers or number. and the
amount of lhe insurance carried, and such applica.
cmnt before the Clerk.Treasurer. The Poll& oepsrt.
tion shall be subscribed and mom to by the ippli.
cants, both new and renewal. to determine the suit
ment shall conduct an investigatmn of all appli.
submit a written police report to the Finance Com.
ability and character of the applicant, ana shall
mittee. The fee for such police report shall be is
from time to time estabhhed by resolution. mer
the Finance Committee has held a hearing on the
granted. then upon payment of the license fee, as
application and has recmnmended lhat a license be
from time to time a established by resolution. to
the CAY Clerk.Treasurer with lhe application. the
license shall be issued by the City Clerk-Treasurer
and when so liceneed. there shall be delivered to
license number of the license.
the licensee a license card containing the official
ber 31, and the fee for the pnvilege of engaang in
(d) The licenae shall ~nnuslly expire on Decem.
the laxicab business shall be 88 fmm tme to time ,
established by resoluti~n.
(2) INSURANCE REQU~RED .
(a) 11 shall be unlawful to operate a vehicle for
the conveyance ofpassengers for hire or permit lhe
Same 10 be operated. nor shall any license be issued
hereunder until and UD~PEB the applicant for B
.Jzcen*e deposit with-@Cjty cle.rkrpress.rer a cer.
tified copy of the commercial autonibbile liability
policy for the vehicles for which llcenses are sought.
said pollc~ issued by a xompany admitted to do
business in the State of Wisconsin. Davme on behalf
~-.
Judith Ziolkowski being duly sworn.
doth depose and say that he is an authorized representative of
The ..... .MUSKEGO. SUN. .... ............
a newspaper published at .. MUSKEGO. ............
Wisconsin and that an advertisement of which lhc annexed is a
true copy, taken from said paper, was published therein on
.......
..........................
.......................
............ ..........!..
.o ...... BOOKKEEPER.
SubscribeAand sworn Lo before me Illis ... I.&%. .... da,y
SEPTEMBER. 1997.
CITY OF MUSKEGO
First Readie 8/26/97
. /d David L. De AngeIi6. Mayor
COMMON COUNCIL - ClN OF MUSKEG0
ORDINANCE #946
(Regulation of Taxicabs)
The Common Council of the City of Mus
SECTION 1. Chapter 12, Section 12.06
Wisconsin is hereby created to read as follows:
12.6 TAXICABS
(1) REGULATION OF TAXICABS.
(a) GENERALLY No person, firm
taxicabs, limousines or other ve icles for transportation of persons for hire within the City
without having a valid licen from the City of Muskego for each cab or vehicle
operated. Busses are exclud 8 d.
taxicabs and other publi vehicles under this Chapter shall be approved by the Finance
Committee before a li i ense is issued. The Finance Committee shall require the
applicant to furnish proof that public convenience and necessity require his licensing.
The applicant shall also file with his application the number of vehicles to be operated
desires to add vehicles or to make a change in the vehicle operated under vehicles or lo
under the license, and the data shall be filed with the Clerk-Treasurer, If an applicant
make a change in the vehicle operated under the license, he shall make and file any
additions or substitutions with the Clerk-Treasurer, The Finance Committee, on receipt
of the application shall fix a date for the hearing thereof and shall notify the applicant of
the date.
(c) APPLICATION. Application for license to operate public vehicles, taxicabs or
autompbiles for hire upon the streets of the City shall be made by the owner of the public
such application shall contain the full name, address, and date of birth of the owner of
vehicle, taxicab or automobile upon blanks to be furnished by the Clerk-Treasurer; and
the public vehicle, taxicab or automobile, have the name of the insurance company
carrying the insurance, the policy numbers or number, and the amount of the insurance
the Clerk-Treasurer The Police Department shall conduct an investigation of all
carried, and such application shall be subscribed and sworn to by the applicant before
applicants, both new and renewal, Io determine the suitability and character of the
applicant, and shall submit a written police report to the Finance Committee. The fee for
such police report shall be as from time to time established by resolution. After the
Finance Committee has held a hearing on the application and has recommended that a
established by resolution, to the City Clerk-Treasurer with the application, the license
license be granted, then upon payment of the license fee, as from time to time as
delivered to the licensee a license card containing the official license number of the
shall be issued by the City Clerk-Treasurer and when so licensed, there shall be
(d) The license shall annually expire on December 31, and the fee for the privilege of
license.
engaging in the taxicab business shall be as from time to time established by resolution.
(b) APPROVAL OF FINANCECOMMITTEE. Applications for licenses for operation of
(2) INSURANCE REQUIRED
(a) It shall be unlawful to operate a vehicle for the conveyance of passengers for hire or
unless the applicant for a license deposit with the City clerk-Treasurer a certified
permit the same to be operated, nor shall any license be issued hereunder until and
Ord. #946
copy of the commercial automobile liability policy for the vehicles for which licenses
Wisconsin, paying on behalf of the applicant in the amount of One Hundred
are sought, said policy issued by a company admined to do business in the State of
Thousand Dollars ($100,000.00) for damage to property. and One Hundred
Thousand Dollars ($100,000.00) for injury to one (1) person and Three Hundred
Thousand Dollars ($300,000.00) for injury to more than one (1) person caused by the
(b) In consideration of issuing, said license each taxicab insurance policy shall contain a
operation of said vehicles in the city of Muskego.
provision that the same may not be cancelled before the expiration of its term except
upon thirty (30) days' written notice to the City. Every day upon which any vehicle is
transportation is offered to the public without an insurance policy as required herein
operated for the conveyance of passengers for hire or when taxicab or cab or similar
violation. The cancellation or other termination of any insurance policy issued in
being in effect and on file with the city Clerk-Treasurer shall be deemed a separate
compliance with this Section shall automatically revoke and terminate all licenses
issued for the taxicab covered by such insurance policy, unless another policy shall
be provided and in effect at the time of such cancellation or termination.
(3) INSPECTION REQUIRED
(a) No vehicle shall be licensed until it has been annually examined by a reputable
automobile repair facility and found to be in thoroughly satisfactory and safe
condition for the transportation of passengers, clean, of good appearance and well
the other provisions of this Chapter. If such examination and inspection shows that painted. The Chief of Police shall determine whether said vehicle complies with all
vehicle does not comply with any of the provisions of this Section, no license shall
be issued. At the request of the Chief of Police, the taxicab owners shall take their
vehicles to a reputable garage for an independent inspection at owner's expense.
(b) No taxicab shall be licensed until the Police Department has approved that:
windshield wipers, emergency brake, directional signals, speedometer, license
1, The horn, footbrake, windshield, rear vision mirror, fenders, exhaust system,
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.
(c) The inspection required by this Section is only an inspection of the taxicabs 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 from 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. the
(d) Any police officer of this City may, at all reasonable times, inspect any cab or public
Police Department or any employee or agent of the city to any person.
hack under such taxicab business license and may prohibit the use of any cab which
is unsafe or not in proper repair,
(4) CONDITIONS OF LICENSE
(a) Licenses Nontransferable. Licenses issued or granted under this Chapter shall be
nonassignable and nontransferable.
(b) Information Card to be Displayed. A card containing the name of the owner,
license number, the number of the vehicle and rates of fare printed thereon shall be
(c) Liability of Licensee. Any licensee shall be liable for any violations of ordinances
placed and at all times kept in a conspicuous place inside such vehicle.
or statutes by any and all persons operating taxicabs under its license.
Ord. #946
(d) Number of Passengers. No licensee or person driving a taxicab shall carry or
in the license applicable to such vehicle.
permit to be carried in any such vehicle more than the number of persons specified
(e) Common Council May Impose Further Restrictions. Any licensee hereunder
shall be subject to such further regulations and restrictions as may be imposed at
any time by the Common Council. (0 Posting Rates. Any person operating a taxicab shall, at all times, prominently post
and display in the taxicab, so they are visible to the passengers therein, the rates of
(9) Marking. Every taxicab shall be distinctly marked on two (2) sides, in letters not
fares for the use of the cab.
less than one and one-half inches (1-1/2”) n height, with the word “Taxicab” together
with the licensee’s name.
(5) EXCEPTIONS
This Chapter shall not apply to persons, firms or corporations engaged in the business of
carrying passengers for hire both interstate and intrastate between regularly established points
the business of transporting school students for hire.
and on regularly established time schedules, nor to the operator of a motor vehicle engaged in
(6) TAXI DRIVER’S LICENSE
No person shall drive a taxicab unless he has secured a license therefor as provided in this
shall be as from time to time established by resolution. No such license shall be issued to any
chapter, in addition to the state chauffeurs license. The annual fee for a taxicab driver’s license
person who is not competent to operate a motor vehicle or who is not familiar with the traffic laws
taxicab driver’s license to determine the competency of the applicant. No such license shall be
and ordinances. The Finance Committee of the Council shall examine each applicant for a
issued except on certificate of the Commitlee that the applicant has demonstrated his ability to
character and moral standing. The Council may revoke any taxicab driver’s license for repeated
operate a motor vehicle as required in this Chapter, and that such applicant is a person of good
on the driver’s character, reputation or moral standing.
violations of traffic laws or ordinances or of any ordinance or law which might reflect adversely
(7) REFUSAL TO PAY TAXI FARE PROHIBITED.
transportation as such fare is shown on the taximeter or zone meter, or as is stated on the rate
No person who has been transported by a taxicab shall refuse to pay the fare for such
card posted in the taxicab.
(8) REVOCATION OF LICENSE
(a) Revocation. Licenses granted under this Chapter may be suspended or revoked at
any time by the Chief of Police for any violation of this chapter, When a taxicab
license is revoked or canceled as herein provided, the Chief of Police shall
immediately notify the owner to cease at once to operate the vehicle for which the
(b) Appeals. Any person who received a revocation of license and objects to all or part
license has been revoked as a taxicab.
thereof may appeal to the Common Council within seven (7) days of the receipt of
the order and the Common Council shall hear such appeal within thirty (30) days of
receipt of such written notice of the appeal. After such hearing, the Common
Council may reverse, affirm or modify the order or determination.
(9) PENALTIES AND PROSECUTION
Any person who violates any provisions of this Ordinance or who shall fail to obtain a license or
permit as required hereunder shall be subject to penalty as provided in Section 25.04 of the
Municipal Code of the City of Muskego. 0
Ord. #946
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
sections, or portion thereof of the ordinance which shall remain in full force and effect. Any other
portion thereof directly specified in the decision, and not affect the validity of all other provisions,
ordinance whose terms are in conflict with the provisions of this ordinance are 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.
PASSED AND APPROVED THIS DAY OF ,1997
CITY OF MUSKEG0
David L. De Angelis, Mayor
ATTEST.
First Reading 8/26/97
~
Clerk-Treasurer