Number
021323
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. PAWLINSKI
Title
A substitute ordinance creating taxicab medallion requirements and procedures.
Sections
81-126-2 rc
81-126-3 cr
81-126-4 cr
100-3-25.5 cr
100-4-4 am
100-50.5 cr
Analysis
This ordinance provides that, in conjunction with issuance of a public passenger vehicle permit for a taxicab, the city clerk shall also issue a taxicab medallion and affix the medallion to the hood of the vehicle. A taxicab medallion is a metal plate bearing the words "CITY OF MILWAUKEE," the public passenger vehicle permit number and the permit expiration date. The ordinance also makes it illegal to operate a taxicab without a valid taxicab medallion affixed to the vehicle. Taxicab medallions may be transferred to replacement taxicab vehicles or to new vehicle owners under the same conditions and circumstances that public passenger vehicle permits may be transferred. When a taxicab permit is terminated, suspended or revoked, the medallion associated with that permit is also terminated, suspended or revoked, and shall be immediately surrendered to the city clerk. The city clerk shall have sole authority to affix original, transferred or replacement taxicab medallions.
In conjunction with the creation of the medallion procedure, and the associated costs incurred by the city in producing and affixing taxicab medallions, this ordinance also increases the biennial fee for a taxicab permit from $121 to $146. It also creates a $25 fee for the transfer of a taxicab medallion or for replacement of a lost, stolen or damaged medallion.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 81-126-2 of the code is repealed and recreated to read:
81-126. Taxicab Permit.
2. The fee for each permit shall be $146. This fee includes the fee for providing the taxicab medallion required by s. 100-50.5.
Part 2. Section 81-126-3 and 4 of the code is created to read:
3. The fee for replacement of a damaged, lost or stolen taxicab medallion shall be $25.
4. The fee for transfer of a taxicab medallion to a different vehicle, whether under the same ownership or different ownership, shall be $25.
Part 3. Section 100-3-25.5 of the code is created to read:
100-3. Definitions.
25.5. TAXICAB MEDALLION means a numbered metal plate, furnished by the city clerk, for display on the outside hood of a taxicab to provide exterior identification that a particular taxicab has a valid public passenger vehicle permit associated with it.
Part 4. Section 100-4-4 of the code is amended to read:
100-4. Licensing Committee.
4. ADMINISTRATIVE OFFICIAL. The city clerk shall administer all regulations and orders adopted or issued by the committee and shall keep a register of the names of each permittee, together with the permit [[number]] >>and medallion numbers<< and record of financial responsibility as provided in this chapter and the description, make and year of such vehicle, with the date and the complete record of inspection made of the vehicle. These records shall be open to public inspection at all reasonable times and shall be public records, extracts of which may be certified for use as evidence by the chief of police.
Part 5. Section 100-50.5 of the code is created to read:
100-50.5. Taxicab Medallions. 1. MEDALLION ISSUANCE. For each public passenger vehicle permit for a taxicab issued under s. 100-50, the city clerk shall issue a taxicab medallion, a metal plate bearing the words "CITY OF MILWAUKEE," the public passenger vehicle permit number and the permit expiration date impressed thereon in letters and figures not less than ¾ of an inch in height. The medallion shall be affixed by the city clerk to the hood of the taxicab in a readily visible location. At the time of permit renewal, the city clerk shall issue and affix a new medallion for the next 2-year license period.
2. OPERATION WITHOUT MEDALLION PROHIBITED. It shall be unlawful for any person to operate a taxicab, or for any taxicab permittee to operate or permit any person to operate a taxicab, without the taxicab medallion for the current 2-year license period affixed to the vehicle. In addition to any other penalty provided in this chapter, the public passenger vehicle driver's license or the public passenger vehicle permit of any person found to have violated this subsection may be revoked.
3. TAMPERING WITH MEDALLION UNLAWFUL. It shall be unlawful for any person other than the city clerk to tamper with, alter or re-affix a taxicab medallion on any vehicle, or to cause the same to be done. Any person found guilty of such act shall be subject to a fine of not less than $200 nor more than $500 for each offense. If the person convicted of this offense holds a public passenger vehicle permit, that permit may be revoked.
4. TRANSFERABILITY. a. Transfer of Medallion to New Owner. The transfer, sale or assignment of a taxicab medallion to a new owner shall only occur upon written notice to the city clerk, payment of the required medallion transfer fee specified in ch. 81, and compliance with all taxicab permit transfer requirements and procedures of s. 100-50-2 or 100-50-10.
b. Transfer of Medallion to Replacement Vehicle. A taxicab medallion may only be transferred to another vehicle if the conditions for transfer of a public passenger vehicle permit set forth under s. 100-50-8 have been met, in which case the medallion shall be transferred to the replacement vehicle by the city clerk at the time of permit transfer, or if the permit and medallion are transferred, sold or assigned to a new owner, as provided for in s. 100-50-2-b and par. a of this subsection.
5. LOST OR STOLEN MEDALLION. In the event that a taxicab medallion is lost or stolen, the holder of the public passenger vehicle permit shall submit to the city clerk a statement under oath giving all of the facts pertaining to the loss or theft known to the permittee prior to requesting a replacement medallion.
6. SURRENDER OF MEDALLION. In any circumstance in which a public passenger vehicle permit is terminated, suspended or revoked under this chapter, the taxicab medallion associated with such permit shall also be terminated, suspended or revoked. The medallion shall be immediately surrendered to the city clerk.
7. ATTACHMENT OF MEDALLION. The city clerk shall have sole authority to affix a taxicab medallion to a vehicle for which a valid public passenger vehicle permit has been issued. This includes any replacement of lost, stolen or damaged medallions, as well as any attachment of medallions relating to medallion transfers described in sub. 4. A vehicle owner may remove a taxicab medallion, but shall immediately surrender it to the city clerk, even if it is to be transferred to a replacement vehicle owned by the same person.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Drafter
LRB02483-2
JDO
12/20/02