01202004 January 20, 2004 Attachments
January 20, 2004
CITIZENS INPUT:
There was none.
ADJOURNMENT:
With no further business, the meeting was adjourned at 11 :26 p.m.
A. MAX BACON, MAYOR
~~ e;(~uJ....,jZ
CHARLES PETE WOOD, WARD 7
__.d __..__.)1) J .
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RON NEWCOMB, WARD 2
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ORDINANCE ANNEXING PROPERTY
INTO THE CITY OF SMYRNA
Ordinance Number 2003-34
Land Lot 62,63, 170, 176, 177
Acres 75.48
WHEREAS, the City of Smyrna is authorized pursuant to Title 36, Article 2, of the
Official Code of Georgia Annotated to allow annexation of property; and
WHEREAS, the owners of 100 percent of the land described in Exhibit" A" attached
hereto have been notified of the City's desire that their property be annexed into the City of
Smyrna as shown on said Exhibit; and
WHEREAS, the City of Smyrna held a public hearing on such on January 20, 2004 after
first providing notice as required by law; and
WHEREAS, the City of Smyrna has determined, and does hereby determine that the
annexation of said property into the municipality would be in the best interests of the property
owners of the area to be annexed and of the citizens of the municipality; and
WHEREAS, at a regular meeting of the City Council of Smyrna the motion to approve
the annexation of said property passed by a majority vote without veto; and
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NOW THEREFORE, BE IT ORDAINED, and it is hereby ordained that the Charter of
the City of Smyrna be amended and the same is hereby amended by adding to the description of
the City Limits the property herein annexed. Such legal description is attached hereto as Exhibit
"A."
BE IT ALSO ORDAINED that the Official Map ofthe City of Smyrna be amended to
show the annexation of said property.
SO ORDAINED by the City Council of the City of Smyrna, this 20th
January, 2004
day of
A. Max Bacon, Mayor
Sus D. Hiott, City Clerk
City of Smyrna
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Ordinance 2003-34
Exhibit" A"
All that tract of parcel orland lying and being in Land Lots 62, 63, 170, 171, 176, & 177 of the 18th District and
2nd Section of Cobb County, Georgia and being more particularly described as follows:
To find the TRUE POINT OF BEGINNING, commence from a point along Oakdale Road (variable RlW),
following a course North 51 degrees 2 minutes 21 seconds East approximately 132.5 feet North from centerline
of driveway of Terry Drive to a point and the TRUE POINT OF BEGINNING, from the TRUE POINT OF
BEGINNING, as thus established, thence South 46 degrees 06 minutes 07 seconds East a distance of 194.96
feet to a point;
thence North 51 degrees 02 minutes 21 seconds East a distance of 104.68 feet to a point;
thence North 46 degrees 06 minutes 07 seconds West a distance of 194.96 feet to a point;
thence North 51 degrees 02 minutes 22 seconds East a distance of 30.97 feet to a point;
thence 179.37' feet along an arc of a curve to the left, said curve having a radius of 769.30 feet and a chord
bearing and distance of North 44 degrees 21 minutes 34 seconds East a distance of 178.97 feet to a point;
thence South 54 degrees 58 minutes 17 seconds East a distance of 170.00 feet to a point;
thence North 34 degrees 26 minutes 38 seconds East a distance of 89.84 feet to a point;
thence North 60 degrees 39 minutes 20 seconds West a distance of 170.00 feet to a point;
thence North 28 degrees 02 minutes 19 seconds East a distance of 112.84 feet to a point;
thence North 22 degrees 26 minutes 47 seconds East a distance of 118.57 feet to a point;
thence South 61 degrees 51 minutes 39 seconds East a distance of 194.36 feet to a point;
thence North 23 degrees 13 minutes 45 seconds East a distance of99.87 feet to a point;
thence South 62 degrees 12 minutes 18 seconds East a distance of9.90 feet to a point;
thence North 23 degrees 02 minutes 27 seconds East a distance of 196.55 feet to a point;
thence North 24 degrees 36 minutes 51 seconds East a distance of 100.00 feet to a point;
thence North 24 degrees 36 minutes 51 seconds East a distance of 80.00 feet to a point;
thence North 61 degrees 40 minutes 38 seconds West a distance of205.00 feet to a point;
thence North 32 degrees 04 minutes 30 seconds East a distance of 113.41 feet to a point;
thence South 57 degrees 41 minutes 07 seconds East a distance of 202.09 feet to a point;
thence North 32 degrees 15 minutes 27 seconds East a distance of 50.02 feet to a point;
thence North 41 degrees 17 minutes 44 seconds East a distance of 100.12 feet to a point;
thence North 45 degrees 46 minutes 28 seconds East a distance of 100.36 feet to a point;
thence North 48 degrees 56 minutes 36 seconds East a distance of 100.15 feet to a point;
thence North 49 degrees 59 minutes 18 seconds East a distance of99.97 feet to a point;
thence North 49 degrees 09 minutes 59 seconds East a distance of 100.41 feet to a point;
thence North 57 degrees 25 minutes 16 seconds West a distance of 150.85 feet to a point;
thence North 69 degrees 57 minutes 38 seconds West a distance of 57.00 feet to a point;
thence North 45 degrees 06 minutes 53 seconds East a distance of 66.41 feet to a point;
thence North 45 degrees 05 minutes 07 seconds East a distance of 296.72 feet to a point;
thence North 42 degrees 48 minutes 04 seconds East a distance of 100.00 feet to a point;
thence North 40 degrees 29 minutes 22 seconds East a distance of304.77 feet to a point;
thence South 51 degrees 32 minutes 34 seconds East a distance of211.53 feet to a point;
thence North 03 degrees 56 minutes 21 seconds East a distance of21.81 feet to a point;
thence North 42 degrees 49 minutes 49 seconds East a distance of92.17 feet to a point;
thence North 51 degrees 30 minutes 25 seconds West a distance of 206.30 feet to a point;
thence North 38 degrees 29 minutes 35 seconds East a distance of 45.26 feet to a point;
thence South 51 degrees 30 minutes 25 seconds East a distance of206.18 feet to a point;
thence North 38 degrees 14 minutes 51 seconds East a distance of 114.25 feet to a point;
thence North 33 degrees 28 minutes 07 seconds East a distance of65.98 feet to a point;
thence South 56 degrees 11 minutes 44 seconds East a distance of 199.91 feet to a point;
thence South 57 degrees 13 minutes 11 seconds East a distance of 140.98 feet to a point;
thence South 56 degrees 35 minutes 23 seconds East a distance of 155.42 feet to a point;
thence North 32 degrees 51 minutes 52 seconds East a distance of 193.10 feet to a point;
thence South 59 degrees 47 minutes 24 seconds East a distance of 191.40 feet to a point;
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thence South 34 degrees 04 minutes 45 seconds West a distance of 677.52 feet to a point;
thence North 88 degrees 52 minutes 45 seconds West a distance of538.00 feet to a point;
thence North 83 degrees 20 minutes 49 seconds West a distance of29.78 feet to a point;
thence South 00 degrees 16 minutes 42 seconds West a distance of954.80 feet to a point;
thence South 57 degrees 44 minutes 03 seconds East a distance of 139.72 feet to a point;
thence South 07 degrees 03 minutes 13 seconds West a distance of 55.84 feet to a point;
thence South 52 degrees 28 minutes 22 seconds West a distance of 111.37 feet to a point;
thence South 52 degrees 46 minutes 35 seconds West a distance of 166.66 feet to a point;
thence South 53 degrees 47 minutes 45 seconds West a distance of 137.12 feet to a point;
thence South 47 degrees 48 minutes 38 seconds West a distance of 77.84 feet to a point;
thence South 29 degrees 51 minutes 30 seconds West a distance of324.18 feet to a point;
thence South 29 degrees 52 minutes 53 seconds West a distance of 104.17 feet to a point;
thence North 54 degrees 55 minutes 05 seconds West a distance of 1.66 feet to a point;
thence South 51 degrees 02 minutes 33 seconds West a distance of387.03 feet to a point;
thence South 47 degrees 59 minutes 23 seconds West a distance of396.88 feet to a point;
thence South 44 degrees 45 minutes 22 seconds West a distance of346.90 feet to a point;
thence North 42 degrees 22 minutes 41 seconds West a distance of 257.77 feet to a point;
thence South 49 degrees 12 minutes 58 seconds West a distance of89.15 feet to a point;
thence North 42 degrees 57 minutes 19 seconds West a distance of293.59 feet to a point;
thence North 42 degrees 11 minutes 01 seconds West a distance of 18.60 feet to a point;
thence North 41 degrees 57 minutes 05 seconds West a distance of 419.73 feet to a point;
thence 46.68 feet along an arc ofa curve to the left, said curve having a radius of 1266.91 feet and a chord
bearing and distance of North 22 degrees 31 minutes 13 seconds East a distance of 46.68 feet to a point;
thence North 23 degrees 34 minutes 33 seconds East a distance of 18.05 feet to a point;
thence 110.77 feet along an arc of a curve to the right, said curve having a radius of 733.94 feet and a chord
bearing and distance of North 27 degrees 53 minutes 59 seconds East a distance of 110.67 feet to a point;
thence 193.33 feet along an arc ofa curve to the left, said Cl'.fVe having a radius of733.94 feet and a chord
bearing and distance of North 39 degrees 46 minutes 10 seconds East a distance of 192.77 feet to a point;
thence 47.70 feet along an arc ofa curve to the left, said curve having a radius of733.94 feet and a chord
bearing and distance of North 49 degrees 10 minutes 40 seconds East a distance of 47.69 feet to a point;
thence North 51 degrees 02 minutes 21 seconds East a distance of27.45 feet to a point;
thence North 51 degrees 02 minutes 21 seconds East a distance of 73.49 feet to a point;
thence North 51 degrees 02 minutes 21 seconds East a distance of 163.03 feet to a point and the TRUE POINT
OF BEGINNING.
Said tract containing approximately 75.48acres (3,287,908.8 square feet), as shown on the rezoning site plan for
Columns Group by Planners and Engineers Collaborative dated September 30th, 2003. This legal description
has been compiled using deeds and maps of record.
ORDINANCE No. 2004-2
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AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR
THE AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF
SMYRNA, GEORGIA, SEC. 50-26 ADOPTION OF FIRE CODES, PARAGRAPH
(a), TO REFERENCE REGULATIONS KNOWN AS THE INTERNATIONAL
FIRE CODE AND THE INTERNATIONAL PROPERTY MAINTENANCE CODE,
AND TO CLARIFY THE MANNER IN WHICH CHANGES TO THE CODE ARE
ADOPTED
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF SMYRNA, GEORGIA:
That Section 50-26 (a) of the Code of Ordinances of the City of Smyrna,
Georgia, be amended so that such sections shall read as follows:
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"There are hereby adopted by the city, for the purpose of prescribing regulations
governing conditions hazardous to life and property from fire or explosion, those
certain codes known as the International Fire Code and the International Property
Maintenance Code, published by the International Code Council being particularly the
current edition thereof, as amended from time to time; and the National Fire Codes, all
volumes, being particularly the current edition thereof, published by the National Fire
Protection Association; and the whole thereof, as amended from time to time, save and
except such portions as are hereafter deleted, modified or amended by the Mayor and
City Councilor are in conflict with this Code, of which codes at least one copy of each
has been and is now filed in the office of the fire marshal, and the fire codes are hereby
adopted and incorporated as fully as if set out at length in this article, and the provisions
thereof shall be controlling within the limits of the city, with revisions, amendments,
and new editions published by the National Fire Protection Association being in effect
six months after issue."
All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed as of the effective date of this ordinance.
Severability: Should any section of this Ordinance be declared invalid or
unconstitutional by any court of competent jurisdiction, such declaration shall not
affect the validity of the Ordinance as a whole or any part thereof which is not
specifically declared to be invalid or unconstitutional.
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ORDINANCE No. 2004-2
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Approved by Mayor and ConnciJ tbis 20tb 7~~
Attest:
A. Max Bacon, Mayor
S san D. Hiott, City Clerk
City of Smyrna
Approved as to form:
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Scott A. Cochran, City Attorney
City of Smyrna
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Ordinance 2004-4
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AN ORDINANCE OF THE CITY OF SMYRNA, GEORGIA, PROVIDING THAT
THE CODE OF ORDINANCES, CHAPTER 82 - SIGNS, BE AMENDED BY
REVISING SECTIONS 82-2, 82-3, 82-12, AND 82-15, PROVIDING A
DEFINITION OF COBB PARKWAY CORRIDOR AND WINDOW SIGN, TO
DEFINE CERTAIN TYPES OF PROHIBITED SIGNS, AND TO PROVIDE
ADDITIONAL SPECIFICS PERTAINING TO SIGN REGULATION
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF SMYRNA, GEORGIA:
That Sections 82-2,82-3,82-12, and 82-15 of the Code of Ordinances of
the City of Smyrna, Georgia, be amended so that such sections shall read as
follows:
Section 82-2. Definitions shall be amended by the addition of the following definitions:
"Cobb Parkway Corridor means any property which has frontage on Cobb Parkway within the
City limits of City of Smyrna.
Window sign means a sign painted upon or affixed so as to be visible through or upon a
window."
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Section 82-3 (a) Signs Not Requiring Permits shall be amended to read as follows:
"Nonilluminated real estate signs provided such signs are not located on any public right-of-way.
Such signs shall be removed within ten days after the subject lot or building is leased or sold."
Section 82-12 Prohibited signs and sign devices, shall be amended by the addition of the
following subsections:
"( 15) Permanent signs which are placed on canvas, cloth or other similar materials (excluding
signs on awnings).
(16) Permanent or temporary signs which have: missing or damaged lenses, exposed
lighting/electrical materials or otherwise damaged (including rust) support structures/sign
cabinets."
Section 82-15 Requirements for all signs, subsection (a) (2), shall be amended to read as
follows:
"If a permanent sign (excluding wall signs) requires a sign permit then the sign structure must be
a ground based monument sign structure. This shall not apply to properties located in the Cobb
Parkway Corridor which are permitted to have pole signs."
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Ordinance 2004-4
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Section 82-15 Requirements for all signs, subsection (b), shall be amended by the
addition of the following subsections:
"(4) Commercial identification within the Cobb Parkway Corridor on property zoned
CBD, LC, 01, GC, OD, LI or PS with less than 5 acres
a. Each building shall be permitted one free-standing sign (either pole or monument) per
street frontage with a maximum area of 100 square feet and a maximum height of 25 feet.
The sign height shall be measured in a plane from ground level to the top of the sign. No
free-standing sign shall be setback more than 50 feet from any public right-of-way.
b. Individual signs qualifYing as wall or fascia signs may be permitted for each business or
building. Square footage will be determined by the following formula: I square foot
multiplied by the number of feet of frontage of the business or building. The total
permitted area may be increased at a rate of 15% for every 50 feet of building setback
from the right-of-way. In no instance shall the total sign area exceed 325 square feet.
Commercial identification within the Cobb Parkway Corridor on property zoned CBD,
LC, 01, GC, OD, LI or PS with 5 or more acres
a.
Each building shall be permitted one free-standing sign (either pole or monument) per
street frontage with a maximum area of 150 square feet and a maximum height of 50 feet.
The sign height shall be measured in a plane from ground level to the top of the sign. No
free-standing sign shall be setback more than 50 feet from any public right-of-way.
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b. Individual signs qualifYing as wall or fascia signs may be permitted for each business or
building. Square footage will be determined by the following formula: 1 square foot
multiplied by the number of feet of frontage of the business or building. The total
permitted area may be increased at a rate of 15% for every 50 feet of building setback
from the right-of-way. In no instance shall the total sign area exceed 325 square feet.
All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed as of the effective date of this ordinance.
Severability: Should any section of this Ordinance be declared invalid or
unconstitutional by any court of competent jurisdiction, such declaration shall not
affect the validity of the Ordinance as a whole or any part thereof which is not
specifically declared to be invalid or unconstitutional.
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Ordinance 2004-4
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Approved by Mayor and Council this 20th day of January, 2004.
Attest:
A. Max Bacon, Mayor
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Susan D. Hiott, City Clerk
City of Smyrna
Scott A. Cochran, City Attorney
City of Smyrna
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ORDINANCE No. 2004-3
AN ORDINANCE BY THE CITY OF SMYRNA, GEORGIA, PROVIDING FOR
THE AMENDMENT OF THE CODE OF ORDINANCES OF THE CITY OF
SMYRNA, GEORGIA, CHAPTER 110, VEHICLES FOR HIRE, TO PROVIDE
FOR A REQUIREMENT FOR LICENSEES TO FURNISH INDIVIDUAL
VEHICLE LISTINGS, AND TO PROVIDE SUFFICIENT REGULATIONS AND
PROCEDURES FOR VEHICLE FOR HIRE OPERATIONS, BY REPEALING
THE EXISTING CHAPTER 110 IN ITS ENTIRETY AND SUPPLANTING SAID
CHAPTER WITH A REVAMPED CODE SECTION
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
OF SMYRNA, GEORGIA:
That Chapter 110 of the Code of Ordinances of the City of Smyrna,
Georgia, be amended so that such Chapter shall read as follows:
Chapter 110
VEHICLES FOR HIRE*
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Sees. 110-1--110-62. Reserved.
Article I. In General
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Sec. 110-63. Definitions.
Sec. 110-64. Engaged in business of vehicles for hire defined.
Sec. 110-64.1. Sedan carriers and chauffeurs.
Sec. 110-65. License generally.
Sec. 110-66. Insurance required for license.
Sec. 110-67. Vehicle permit stickers with license.
Sec. 110-68. Vehicle safety standards; verification.
Sec. 110-69. Denial, suspension and revocation of business license; hearing.
Sec. 110-70. Regulation of drivers of vehicles for hire.
Sec. 110-71. Denial, suspension, revocation of operator's permits; hearing.
Sec. 110-72. Previous denial or revocation of business license or operator's permit.
Sec. 110-73. Vehicle markings; rates.
Sec. 110-74. Interior requirements of vehicles for hire.
Sec. 110-75. Parking of taxicabs.
Sec. 110-76. Trip sheets or logs.
Sec. 110-77. Cruising.
Sec. 110-78. Call jumping.
Sec. 110-79. Appearance and hygiene of drivers.
Sec. 110-80. Audits.
Sec. 110-81. Miscellaneous regulations.
Sec. 110-82. Complaints.
Sec. 110-83. Reserved.
Sec. 110-84. Severability.
Sec. 110-85. Enforcement and penalty.
Article II. Operation and Business Regulations
Ordinance No. 2004-3
Sec. 110-86. Effective date.
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ARTICLE I.
IN GENERAL
Sees. 110-1--110-62. Reserved.
ARTICLE II.
OPERA TION AND BUSINESS REGULATIONS
See. 110-63. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
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Business license means the license required of all persons, firms or corporations
engaged in business in the city.
Chauffeur means, for purposes of this article, any person with a state driver's
license who meets the qualifications as prescribed in O.C.G.A. ~ 46-7-85.10 and who is
authorized by the public service commission to drive a sedan.
Director means the police chief.
Dispatcher means a person assigned to a base of operations, in contact with
taxicabs of the licensee's company having access to a telephone to talk with passengers or
place phone calls in the event of an emergency.
Domicile means the place where the corporate establishment is maintained, its
principal place of business.
Licensee means a person, firm, partnership, corporation or other entity licensed by
the city business license office to engage in the vehicle for hire business.
Limousine means any motor vehicle that meets the manufacturer's specifications
for luxury limousine with a designed seating capacity for no more than ten passengers
with a minimum of five seats located behind the operator of the vehicle, and which does
not have a door at the rear of the vehicle designed to allow passenger entry or exit;
further, no vehicle shall be permitted to be operated both as a taxicab and as a limousine.
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Ordinance No. 2004-3
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Limousines and limousine carriers shall be fully regulated by the state under the public
. . .
serVIce commIssIOn.
Motor vehicle safety standards means standards promulgated by the police
department for approval by the governing authority that all vehicles for hire regulated
under this article must meet.
Operator's permit means the written authority granted by the police department to
persons who qualify to operate vehicles for hire. Sometimes referred to as driver's permit.
Permittee means a person granted a permit to operate vehicles for hire in the city.
Sedan means any luxury or nonluxury sedan or town car type vehicle which has a
seating capacity of not more than five passengers and the driver and which does not
contain a taximeter designed to measure electronically or mechanically the distance
traveled or time.
Sedan carrier means any person, firm, partnership, corporation, company,
association or joint-stock association operating a service regularly rendered to the public
by furnishing transportation as a motor common carrier for hire, not over fixed routes, by
means of sedans driven by chauffeurs on the basis of telephone contract, written contract
or other prearrangement.
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Taxicab means a motor vehicle used as a public conveyance which does not meet
the requirements of a limousine, is not a van, minibus or sedan, has a taximeter and is
subject to the rules and regulations of this article, and in which the number of persons
carried does not exceed the manufacturer's specifications for number of passengers for
which the car was designed, with the driver counted as one such person.
Taxicab stand means any area on privately owned property which is approved and
designated for the parking, stopping or standing of taxicabs by the property owner or
person lawfully responsible for the property for the purpose of accepting or soliciting any
consideration, charge or fee in exchange for transportation by or other use of the taxicabs.
Such designation must be made in writing granting express authority to the licensee to
operate from or within a taxicab stand by the property owner or person responsible for
the property and kept on file at the business license office for each current year of the
designation. Such area must be zoned for such use by the zoning ordinances of the city
and must be approved for such use in the application submitted to the city.
Valid complaint means a complaint against an operator or business to the business
license office where the complainant provides his or her name, address and substance of
complaint, and expresses a willingness to attend any hearing regarding his/her complaint.
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Van means any motor vehicle, other than a limousine, extended limousine,
minibus or a sedan with a designed seating capacity for no more than 15 passengers,
including the driver.
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Ordinance No. 2004-3
Vehicle for hire means any motor vehicle designed or used for the purpose of
transporting passengers for consideration or charges which are determined by agreement,
contract, mileage or by the length oftime the vehicle is used. Such term does not include
vehicles regulated by the state public service commission. For the purposes of this article,
vehicles for hire shall mean taxicabs and sedans.
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Vehicle permit sticker means the sticker issued to licensee upon proof of
insurance and verification of compliance with city vehicle mechanical safety standards to
be placed on each vehicle for hire operated under this article and renewed annually.
Sec. 110-64. Engaged in business of vehicles for hire defined.
Engaged in business of vehicles for hire means any person, firm or corporation
who has an office within The City of Smyrna and within the city engages in picking up
passengers and accepting or soliciting any consideration, charge or fee, which is
determined by an agreement, by mileage, by the length of time the vehicle is used or by
contract for the use of any motor vehicle or other vehicle designed or used for the
purpose of transporting.
Sec. 110-64.1. Sedan carriers and chauffeurs.
(a) The following provisions of this article shall not apply to sedan carriers:
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(1) Section 110-65(c)(4) regarding a copy of the rate schedule and operation
hours.
(2) Section 110-65 (c)(8) regarding dispatcher's address and operating hours.
(3) Section 110-67(1)a. regarding submitting a company logo and/or
identification color scheme.
(4) Section 1 1 0-73 (a), (b) and (c) regarding vehicle markings and rates.
(5) Section 110-74(c) regarding the prominent display of the telephone
number of the business license office.
(6) Section 110-81 (a) regarding the first sentence pertaining to notification of
a dispatcher concerning personal property left behind.
(7) Section 110-82 (a), second sentence, regarding display of the business
license office telephone number.
(b) The following provisions shall not apply to a chauffeur if such chauffeur
can show he/she has provided substantially the same information to the public service
commission within the last 12 months:
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Ordinance No. 2004-3
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(1)
Section 110-65(c) regarding submitting to a police clearance consisting of
a background investigation and/or fingerprinting.
(2) Section 110-70(c) regarding submitting to a police clearance consisting of
a background investigation and/or fingerprinting.
(c) All other provisions of this article shall remain in full force and effect with
regard to sedan carriers and chauffeurs.
Sec. 110-65. License requirements generally.
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(a) No person, firm, partnership, corporation or other entity shall engage in
the business of operating vehicles for hire, except limousines, in the city without first
having been issued a business license. Limousine carriers and other vehicles not
regulated by this article but engaged in the business of vehicles for hire which are
domiciled within the city must be issued a business license and pay business license fees
including a nonrefundable application fee. A business license shall be granted by the
supervisor of the business license office if the application meets all the legal requirements
of this article and the police department provides a clearance consistent with the
requirements of this article. If the application does not meet all the legal requirements of
this article or the police department does not provide a clearance on the application, it
shall be denied by the supervisor of the business license office. Any decision of the
supervisor of the business license office shall be final unless an appeal is filed by any
aggrieved party within ten days of the date of notice to the applicant regarding denial of
the application. This appeal shall be to the full mayor and council.
(b) The license must be posted in public view at the license location.
(c) In order to secure a business license to operate a taxicab service or as a
sedan carrier, an applicant must provide information showing its qualifications on a form
provided by the business license office of the city, must provide information requested by
the police department and must submit to a police clearance consisting of a background
investigation and/or fingerprinting. If the applicant is other than a sole proprietor, all
partners, officers, managers and stockholders holding a 20 percent or more interest in the
company shall be subject to the provisions of this section. An applicant must:
(1) Be at least 21 years of age;
(2) Be a citizen of the United States or an alien admitted for permanent
residence or a person who has otherwise been granted employment
authorization by the United States Immigration and Naturalization
Service;
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(3)
a.
Not have been convicted, plead guilty, plead nolo contendere or
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Ordinance No. 2004-3
been on probation or parole for a period of five years previous to the date
of application for the violation of any of the following criminal offenses of the
state or any other state or of the United States: Criminal homicide; rape;
aggravated battery; mayhem; burglary; aggravated assault; kidnapping; robbery;
child molestation; any sex-related offense; driving a motor vehicle while under
the influence of intoxicating beverages or drugs; leaving the scene of an accident;
criminal solicitation to commit any of these listed offenses; attempts to commit
any of these listed offenses; any felony in the commission of which a motor
vehicle was used; perjury or false swearing; any crime of violence or theft, or
possession, sale or distribution of narcotic drugs, barbituric acid derivatives or
central nervous system stimulants, any felony, any misdemeanor involving moral
turpitude; provided, however, that all applicants shall be entitled to the full
benefits of article 3 of chapter 8 oftitle 42, O.C.G.A., relating to first offender
status;
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b. If at the time of application the applicant is charged with any of the
offenses described in paragraph (c) (3) a. of this Section,
consideration of the application shall be suspended until a final
resolution of the charges.
(4) Provide a copy ofthe rate schedule and the daily hours of operation;
(5)
Provide the name, address and telephone number of a responsible
individual who is a full-time employee in a management position ofthe
applicant residing [in] the city who will be the registered agent for the
purpose of serving of process;
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(6) Provide proof of insurance pursuant to section 110-66 of this article;
(7) Provide information and verification pursuant to section 110-67 of this
article;
(8) Provide the address of an office staffed by company agents or employees,
including a dispatcher, that will be open between the hours of 7:00 a.m.
and 7:00 p.m., and during any additional hours that any vehicle for hire
associated with that company is being operated.
(9) All taxicab companies and vehicle for hire companies based within the
Smyrna City Limits shall submit to the city business license division a list
containing each make, model, separate vehicle number, vehicle
identification number, tag number, and insurance for each taxicab or
vehicle.
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Ordinance No. 2004-3
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(d)
All licenses obtained through the business license office of the city for
taxicab companies or other entities shall not be transferable.
Sec. 110-66. Insurance required for license.
(a) An applicant for a business license to operate a taxicab service or as a
sedan carrier shall provide with the application proof of motor vehicle insurance
indicating the vehicle(s) as a vehicle(s) to be used as a vehicle for hire, covering public
liability and property damage naming the city as insured under the policy, issued by an
insurer approved by the state and in the applicant's name, in the following amounts per
vehicle:
(1) $25,000.00 per death or bodily injury per person;
(2) $50,000.00 per death or bodily injury per occurrence;
(3) $25,000.00 personal property damage.
-
Should the state law which requires motor vehicle liability minimum insurance
coverage as evidence of security for bodily injury and property damage liability
(O.C.G.A. chapter 9 of title 40; the "Motor Vehicle Safety Responsibility Act") be
changed to require greater minimums in any category of liability listed above, the
minimum amounts listed herein shall be automatically amended to require such
amount(s) upon the effective date of such legislation with no additional notice to the
public and no formal action required by the governing authority. Additionally, should
there be enacted at any time laws affecting insurance requirements of vehicles for hire
particularly, this article will automatically incorporate such requirements with no
additional notice to the public and no formal action required by the governing authority.
(b) All persons, firms, partnerships, companies or other entities licensed to
operate a taxicab service or as a sedan carrier in the city as of the date of adoption of this
article shall be entitled to continue doing business provided such person or entity submits
to the business license office of the city proof of current insurance in the manner and
amounts described above and verification pursuant to section 110-68 of this article on or
before the effective date of this article.
(c) Proof of insurance must be submitted in accordance with the term of the
individual policy, but in any event at least on an annual basis showing proof of insurance
for the subsequent year. Such proof may be made by:
(1)
By providing a verified statement from a licensed insurance agent or
licensed insurance company within this state setting forth the identity of
the vehicle(s) for which coverage has been procured (by vehicle
identification number, make and model), the amount of coverage afforded
to each such vehicle, indication that the vehicle is being operated as a
taxicab and the term for which such coverage has been prepared by the
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7
Ordinance No. 2004-3
licensed company or entity.
......
(2) Reserved.
(d) Before the policy is cancelled for nonpayment of premium or other cause,
notice thereof shall be given by the insurance company in writing to the business license
office of the city at least 30 days before the policy lapses.
(e) A licensee shall report any additional vehicles to be operated pursuant to
this article to the business license office and shall provide proof of insurance on such
vehicle(s) pursuant to this section.
Sec. 110-67. Vehicle permit stickers with license.
A business duly licensed to operate a taxicab service or as a sedan carrier pursuant
to this article will be issued, at the time of licensing or at the time of providing proof of
insurance as required by section 11 0-66(b) of this article, vehicle permitting stickers for
each vehicle owned, leased or operated by such business, pursuant to the following
conditions:
(1) The applicant or licensee must:
a.
List all vehicles to be operated in the business indicating their
make, model, year, VIN, tag number and color on a form to be
provided by the business license office. Each company shall
submit a company logo and/or identification/color scheme which
shall not be the same or similar to any other company. The logo
and/or identification/color scheme shall be approved by the
business license office.
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b. Execute a verification statement concerning the mechanical safety
of each vehicle listed subsection (1 )a. above pursuant to section
110-68 of this article.
c. Provide proof of insurance for each vehicle listed in subsection
(l)a. above as set forth in section 110-66 along with vehicle
registration, both of which must be in the applicant's name.
d. Pays a fee for vehicle permit sticker.
(2)
Stickers must at all times be displayed on the passenger's rear side window
and in the front windshield, bottom right-hand corner for sedan carriers.
Each vehicle will be assigned a numbered sticker and that sticker may not
be used on any other vehicle.
~
(3) No vehicle permit sticker issued under this article may be leased,
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(6)
Ordinance No. 2004-3
subleased, assigned or otherwise transferred. No vehicle to which a permit
sticker is affixed may be leased, subleased or otherwise assigned for the
purpose of operating a taxicab service or as a sedan carrier under this
article.
(4)
A licensee shall report any additional vehicles to be operated pursuant to
this article and shall provide all information necessary and pay all fees
required to obtain additional vehicle permit stickers.
(5)
A fee schedule for vehicle permit stickers will be recommended by the
supervisor of the business license office and approved from time to time
by the governing authority. Such schedule will be on file with the clerk of
the city, the business license office and the police department. It shall be
the responsibility of the licensee to renew vehicle permit stickers annually.
Any licensee who fails to timely renew its vehicle permit and pay such fee
when due shall pay, in addition to such fee, a separate penalty equal to ten
percent of the permit sticker fee for each period of 30 days, or portion
thereof, following the due date. To be considered a city business for
purposes of determining vehicle sticker permit fees, a business must have
or operate out of one or more offices within the city. A post office box will
not constitute an office.
If a business license is suspended for any length of time, all vehicle permit
stickers associated with such license shall be null and void for the period
of the suspension only. If the suspension is in effect on the annual renewal
date of the business license or on the annual renewal date of the vehicle
permit sticker, then immediately upon the suspension ending, such person
or entity shall renew its license and vehicle permit sticker(s).
Sec. 110-68. Vehicle safety standards; verification.
(a) Each person, firm, partnership, company or other entity operating a
taxicab service or as a sedan carrier shall maintain each vehicle thus operated in a good,
safe and serviceable mechanical condition.
(b) The police department shall recommend minimum motor vehicle safety
standards for approval by the governing authority. These standards will be filed with the
clerk of the city, the business license office and the police department. All persons or
entities operating, owning or leasing vehicles for hire shall be presumed to have
knowledge of such standards. All vehicles for hire operating on the roads and streets of
the city will be required to maintain their motor vehicles in compliance with such
standards. A verification statement that the motor vehicles to be used in the business meet
or exceed the requirements and standards approved by the governing authority shall be
required and shall be submitted to the business license office in such form as the business
license office shall require before vehicle permit stickers may be issued. Such verification
must be signed by a technician at a location properly licensed to do business and also
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9
Ordinance No. 2004-3
executed by the sole proprietor, named partner or president or CEO of a corporation.
~
(c) Vehicles shall be subject to random inspections at any time by the police
department or the business license office. A vehicle found to be substandard shall be
removed from service immediately and will remain removed from service until adequate
proof is provided to the police chief or his designee or the supervisor of the business
license office that the vehicle is compliant with the standards approved by the city. Proof
that a vehicle has been brought into compliance with the standards shall not affect the
ability to assess any and all civil or criminal penalties or actions against the business or
driver for violation of this Code.
Sec. 110-69. Denial, suspension and revocation of business license; hearing.
(a) A business license or an application for a business license under this
article may be denied, suspended or revoked for due cause as defined in subsection (c)
hereof.
(b) A business license previously issued by this city may be revoked only
after a hearing before the governing authority on a prior written notice to the licensee
setting forth the time, place and purpose of such hearing and a statement of the reason
why the license would be revoked. Unless the circumstances justify otherwise, three days'
notice shall be deemed reasonable, but shorter or longer periods of notice shall be
authorized as the governing authority may deem the circumstances justify. The hearing
shall be held no later than 30 days after the supervisor notifies licensee of a hearing
before the governing authority. After a hearing, if the governing authority determines due
cause to exist, the governing authority may suspend, revoke or place on probation for a
maximum of 12 months, with or without conditions, the license or licensee.
-
(c) A business license may be denied, suspended or revoked for any of the
following reasons:
(I) Where the applicant furnishes fraudulent or untruthful information or
omits information requested in the application for a business license.
(2) For failure to pay all fees, taxes, penalties or other charges imposed by the
provisions of this article, and of the City Code, and as they may be
amended.
(3) For failure to have or maintain all of the general qualifications applicable
to the initial issuance of a license.
(4) For violation of any part of this article by the licensee, its agents, partners,
officers, employees or contractors.
-..
(5) Allowing the required insurance coverage to lapse.
10
Ordinance No. 2004-3
--
(6)
Allowing taxicabs to operate [within] the city that do not meet the
requirements and standards adopted by the governing authority pursuant to
section 110-68 of this article.
(7) Violation of any provisions contained in paragraph (c) of section 110-81
of this article.
(8) Three valid violation complaints received and substantiated pursuant to
section 110-82 of this
article.
(d) Licensees under this article are responsible for violations of this article by
their vehicle operators whether such operators are direct employees or independent
contractors.
Sec. 110-70. Regulation of drivers of vehicles for hire.
(a) No person shall operate a taxicab or sedan without an operator's permit
issued by the police department. No business licensed to operate a taxicab service or as a
sedan carrier shall employ any driver who has not been issued an operator's permit.
-
(b) Operator's permits shall not be issued to any driver not employed by or
representing a licensed company. Proof of employment or representation shall be
presented upon application of a permit.
(c) An applicant for a permit must furnish information requested on a form to
be provided by the police department and submit to a police clearance consisting of a
background investigation and/or fingerprinting. Operator permit applicants must meet the
following requirements:
(1) Be at least 21 years of age; provided, however, any driver between the age
of 18 and 21 who was operating a taxicab on or before the effective date
of this article shall not be subject to this age provision.
(2) Be a citizen of the United States or an alien admitted for permanent
residence or a person who has otherwise been granted employment
authorization by the United States Immigration and Naturalization
Service.
(3) Possess a current, valid state driver's license, which must not be limited as
defined in O.C.G.A. gg 40-5-58 and 40-5-64.
(4)
Exhibit a proficiency with the English language so as to be able to
comprehend and interpret traffic signs, read a map in order to find streets,
issue written receipts to passengers and obey lawful orders of police and
others in lawful authority.
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11
(5)
Ordinance No. 2004-3
a.
Not have been convicted, plead guilty, plead nolo contendere or
been on probation or parole for a period of five years previous to
the date of application for the violation of any of the following
criminal offenses of the state or any other state or of the
United States: Criminal homicide; rape; aggravated battery;
mayhem; burglary; aggravated assault; kidnapping; robbery; child
molestation; any sex-related offense; driving a motor vehicle while
under the influence of intoxicating beverages or drugs; leaving the
scene of an accident; criminal solicitation to commit any of these
listed offenses; attempts to commit any of these listed offenses;
any felony in the commission of which a motor vehicle was used;
perjury or false swearing; any crime of violence or theft, or
possession, sale or distribution of narcotic drugs, barbituric acid
derivatives or central nervous system stimulants, any felony; any
misdemeanor involving moral turpitude; provided, however, that
all applicants shall be entitled to the full benefits of article 3 of
chapter 8 of title 42, O.C.G.A., relating to first offender status.
-.
b. If at the time of application the applicant is charged with any of the
offenses prescribed in subparagraph a. of this paragraph,
consideration of the application shall be suspended until entry of a
plea or verdict or dismissal.
~
(d) All operator permits automatically expire two years from the date they are
issued. It shall be the responsibility of the operator to renew hislher permit and pay the
applicable fee.
(e) Drivers are responsible for reporting any change in qualifications or status
from information previously supplied to the police department within ten days of such
change.
(t) Operator permits must be posted on the dash or sun visor of the vehicle
being driven so that it is visible from the passenger area. Drivers of sedans must have
their operator's permits in their possession and they must be visible to passengers.
Licensees under this article are responsible for checking to ensure that each driver has a
current operator's permit in his or her possession and that such permit is posted on the
dash or sun visor of the vehicle being operated.
(g) A schedule of operator permit fees, as adopted from time to time by the
governing authority, shall be posted in the offices of the clerk of the city and the police
department. Any permittee who fails to timely renew his or her permit and fails to pay
such fee when due shall pay, in addition to such fee, a separate penalty equal to ten
percent of the required fee, for each period of 30 days, or portion thereof, following the
due date. If the fees adopted from time to time by the governing authority provide for
different fees for city drivers/operators than for non-city drivers/operators, to be
considered a city driver/operator and pay fees associated therewith, a driver must have or
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12
Ordinance No. 2004-3
~
operate out of one or more offices in the unincorporated part of the city; a post office box
will not constitute an office. Proof of a current lease, if applicable, for the company
premises, an affidavit as to ownership or occupancy or proof of association with a city
licensee must be submitted to the police department upon request.
Sec. 110-71. Denial, suspension, revocation of operator's permits; hearing.
(a) An operator's permit or an application for an operator's permit under this
article may be denied, suspended or revoked for due cause as defined in subsection (d)
hereof. An operator's permit shall be granted by the police chief or his designee if the
application meets all the legal requirements of this article and the police department
provides a clearance consistent with the provisions of this article. If the application does
not meet all the legal requirements of this article or the police department does not
provide a clearance on the application, it shall not be granted by the police chief or his
designee. Any decision of the police chief or his designee shall be final unless an appeal
is filed by any aggrieved party within ten days from the date of notice to the applicant
regarding denial of the application. The appeal shall be to the police committee of the
governing body.
(b) The police chief or his designee may suspend or revoke an operator's
permit for due cause as defined in subsection (d) hereof. The suspension or revocation
may be appealed in writing to the police committee of the governing body and the
,.. committee will hold a hearing within 30 days of the date the appeal is received. A notice
shall be sent to the permittee setting forth the time, place and purpose of the meeting.
After the hearing, the police committee may affirm the decision of the police chief to
suspend or revoke the permit, or place on probation for a maximum of 12 months, with or
without the conditions, the permit or operator. If the decision of the police chief is
disaffirmed, the permit shall be returned to the permittee immediately.
(c) The decision of the police committee shall be final unless appealed to the
full mayor and council.
(d) An operator's permit may be denied, suspended or revoked for any of the
following reasons:
(1) For violation of any part of this article.
(2) Where the applicant furnishes fraudulent or untruthful information or
omits information requested in the application for a permit.
(3) For failure to pay any fees imposed by the provisions of this article.
(4)
For failure to maintain all the general qualifications applicable to the
initial issuance of a driver's permit.
~
(5) Having four or more moving traffic violations in any 12-month period.
13
Ordinance No. 2004-3
(6)
Refusing to accept a passenger solely on the basis of race, color, national
origin or religious belief.
~
(7) Operating a vehicle with knowledge, actual or implied, that the required
insurance coverage is not current or has lapsed.
(8) For operating a vehicle in a manner which threatens a passenger or anyone
else.
(9) For operating a vehicle the driver knows or should know is not in
compliance with the motor vehicle safety standards approved by the
governing authority.
(10) The permit applicant, during the 12-month period next preceding the filing
of his application, has suffered a revocation of his operator's permit.
(11) A complaint is received pursuant to section 110-82 of this article and
determined to be valid by the license review board.
(e) Notwithstanding any of the provisions in this section, any permits issued
through administrative error or an error in the completion of a background investigation
may be terminated by the police chief or his designee.
~
Sec. 110-72. Previous denial or revocation of business license or operator's permit.
All persons or entities that have had their business license or operator's permit
revoked must reapply for a license or permit. No license or operator's permit shall be
issued to an applicant if within 12 months immediately preceding the filing of the
application the applicant for a license, operator's permit or renewal has had an application
denied or a license or operator's permit revoked.
Sec. 110-73. Vehicle markings; rates.
(a) Each taxicab shall plainly and prominently advertise the name and
telephone number of the person, firm or corporation that holds the business license to
operate the vehicle. Such advertisement shall be permanently affixed to both sides of the
vehicle in a manner that prohibits the transfer of the advertisement from one vehicle to
another.
(b) A schedule of rates and hours of operation shall be marked on the side of
the taxicab so as to be plainly visible to persons seeking to engage such vehicle for hire
and shall be posted inside the vehicle and shall be filed with the business license office by
the licensee.
........
(c) Each taxicab shall have a taxi roof light mounted on the roof of the
vehicle. Such roof light shall have a lighting system functional for nighttime operation.
14
Ordinance No. 2004-3
.-.
Sec. 110-74. Interior requirements of vehicles for hire.
(a) The interior of each vehicle for hire, including the trunk, shall be
maintained in a clean condition, free of foreign matter and offensive odors. There shall be
no litter in the vehicle or trunk and the seats shall be kept clean and without holes or large
wear spots.
(b) All vehicles for hire shall present a clean environment for passengers.
(c) The telephone number of the business license office shall be prominently
displayed within the taxicab designating such number as the number to call when filing
complaints.
(d)
section.
Permittees and licensees shall be responsible for compliance with this
(e) The police chief or supervisor of the business license office may conduct
inspections of the interior without notice to ensure compliance.
Sec. 110-75. Parking of taxicabs.
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The driver of a taxicab shall not park on any street in any business district at any
place other than at a taxicab stand, except that this provision shall not prevent the driver
of such vehicle from temporarily stopping in accordance with other stopping or parking
regulations at any place for the purpose of and while actually engaged in loading and
unloading passengers, and from making emergency repairs.
Sec. 110-76. Daily dispatch log sheets.
In order to maintain a license to operate a vehicle for hire service, a licensee must
maintain daily dispatch log sheets, which shall be kept on file at the licensed business
premises for a minimum of one year. Dispatch log sheets shall indicate all passengers
carried, the time, place of entry and destination of each passenger, the amount charged
and an itemization of any personal property left in the vehicle for hire.
Sec. 110-77. Cruising.
Operators of taxicabs are prohibited from "cruising." Cruising is defined as
moving about the streets of the city or any private property for the purpose of picking up
and transporting passengers who have not previously requested such service by telephone
or by personal command. Licensees under this article are responsible for ensuring that no
driver participates in cruising.
---
Sec. 110-78. Call jumping.
Licensees under this article shall not participate in nor allow their drivers to
15
Ordinance No. 2004-3
practice call jumping or the act of intercepting a passenger who has requested service
from another company.
~
Sec. 110-79. Appearance and hygiene of drivers.
Drivers of vehicles for hire must practice good personal hygiene and wear proper
dress while operating a vehicle for hire. Proper dress shall mean the wearing of shoes,
ankle-length pants, a shirt or blouse with sleeves and collar. Clothing must be clean and
not visibly soiled.
Sec. 110-80. Audits.
Each person, firm or company licensed to do business under the provisions of this
article and City Code, including limousine carriers, shall be subject to audit by the city.
The city may conduct such audit at reasonable times and with prior notice to the licensee.
Sec. 110-81. Drivers' duties and responsibilities.
(a) Drivers of taxicabs shall notify their dispatcher of any personal property
left in the vehicle for hire and such property shall be noted on the daily dispatch log
sheets, Within 24 hours of discovery of any personal property left by a passenger, a
driver shall forward such property to the police department or to its company's
headquarters. Licensees shall maintain an accurate log of all private property held by
them and the names of all persons claiming and receiving such property for a minimum
of one year.
-
(b) A driver shall take the most direct route to a passenger's destination unless
otherwise authorized or directed by the passenger.
(c) It shall be unlawful for any driver of a vehicle for hire who is not
permitted and for any person or entity which is not licensed to solicit or engage
passengers within the city.
(d) No driver shall refuse to accept a passenger unless the passenger is
obviously intoxicated or dangerous.
( e) No driver shall refuse to accept a passenger solely on the basis of race,
color, national origin or religious belief.
(t) No driver shall be permitted to carry nonpaying passengers in a taxicab
while transporting a paying passenger or passengers except for the purpose of driver
training.
(g) It shall be unlawful for a driver to operate his vehicle in a manner which
threatens a passenger or anyone else, or to threaten or otherwise abuse a passenger.
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16
Ordinance No. 2004-3
~
(h) It shall be unlawful for a driver to discharge any passenger before reaching
the passenger's destination unless the driver has a reasonable belief that the passenger is
dangerous, or unless street or area conditions do not permit a safe discharge to either the
passenger or driver.
(i) No television sets may be operated on the front seat on which the driver
sits inside of a moving vehicle.
(j) It shall be unlawful for drivers to drive, or for companies or other entities
to allow to be driven, any vehicle for hire which does not have a valid inspection sticker,
is not validly insured or, if a taxicab, has an unsealed or improperly working taxi fare
meter.
(k) Persons or other entities operating a taxicab service or as a sedan carrier
shall be prohibited from allowing such vehicles to be operated by persons not holding
valid operator permits.
(1) Drivers shall not be required to carry more than $15.00 in change.
(m) Upon request of a passenger of a taxicab, drivers shall give receipts
showing the amount of fare paid, name of company, license number, number of
passengers, location of trip, origination and location of trip termination. Upon request of
- a passenger of a sedan carrier, drivers of sedans shall give receipts showing the amount
paid.
Sec. 110-82. Complaints; records.
(a) The business license office shall be responsible for receiving complaints
concerning the operation of vehicles for hire in the city. The telephone number of the
business license office shall be prominently displayed outside and inside the taxicab and
shall designate such number as the number to call for filing complaints.
(b) The business license office shall maintain true and accurate records of the
names and identification numbers of each driver permitted to drive vehicles for hire and
each business licensed to operate a taxicab service or as a sedan carrier, together with
other requirements of this article, and shall maintain a log of all complaints for each
operator and licensee.
Sec. 110-83. Reserved.
Sec. 110-84. Severability.
-
The sections, paragraphs, sentences, clauses and phrases of this article are
severable; and if any phrase, clause, sentence, paragraph or section of this article shall be
declared unconstitutional or unreasonable and thus void by the valid judgment or decree
of any court of competent jurisdiction, that unconstitutionality or declaration of
17
Ordinance No. 2004-3
unreasonableness shall not affect any of the remaining phrases, clauses, sentences,
paragraphs or sections of this article, since they would have been enacted without the
unconstitutional or unreasonable phrase, clause, sentence, paragraph or section.
~
Sec. 110-85. Enforcement and penalty.
(a) The police department, city marshalls and the business license office shall
enforce the regulations contained in this article.
(b) Violations of the provisions of this article shall be punished as provided in
section 1-8 in the Smyrna ordinances. Each separate occurrence shall be deemed a
separate offense.
(c) The violation of the provisions of this article by any person, corporation,
partnership or other entity, whether a licensee or permittee may be enjoined by instituting
appropriate proceedings for injunctions in the courts of competent jurisdiction in this
state. Such actions may be maintained notwithstanding that other adequate remedies at
law exist. Such actions may be instituted in the name of the governing authority of the
city.
(d) Violations of any provision of this article by any licensee or permittee
shall be due cause for revocation of any city business license, and/or permit, after notice
and hearing as provided herein.
~
(e) The above remedies are cumulative to each other.
Sec. 110-86. Effective date.
This article shall take effect three months from the date of its adoption by the
governing authority. All businesses currently licensed to operate vehicles for hire in the
city must be in compliance with this article by the effective date.
All ordinances, parts of ordinances, or regulations in conflict herewith are
repealed as of the effective date of this ordinance.
Severability: Should any section of this Ordinance be declared invalid or
unconstitutional by any court of competent jurisdiction, such declaration shall not
affect the validity of the Ordinance as a whole or any part thereof which is not
specifically declared to be invalid or unconstitutional.
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18
Ordinance No. 2004-3
~
Approved by Mayor and Council this 20th day of January, 2004.
/d~
Attest:
A. Max Bacon, Mayor
~Q.~
Susan D. Hiott, City Clerk
City of Smyrna
AJ:;korm: ___,
Scott A. Cochran, City Attorney
City of Smyrna
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