Number
081704
Version
Substitute 2
Reference
Sponsor
ALD. WITKOWSKI
Title
A substitute ordinance establishing a public passenger vehicle driver's license classification system, and revising driver's license qualifications and application procedures.
Sections
81-44.7-5 rn
81-44.7-5 cr
81-126-1 am
100-3-9.5 cr
100-3-11.5 am
100-51-4-b am
100-53-1-b am
100-54-0 am
100-54-2 rc
100-54-3 rc
100-54-4 rc
100-54-5 rc
100-54-6 rc
100-54-7 rc
100-54-8 rn
100-54-8 cr
100-54-9 cr
100-54-10 cr
100-54-11 cr
100-54-12 cr
100-54-13 cr
100-59-1-b am
100-59-13 am
Analysis
This ordinance revises public passenger vehicle regulations for the purposes of correcting errors, clarifying language and eliminating obsolete provisions. In addition, this ordinance:
1. Establishes a public passenger vehicle driver's license classification system.
2. Establishes that only operators of taxicabs are required to pass a test regarding knowledge of city streets, major building, facilities and city regulations.
3. Changes from 6 months to 90 days the period of time public passenger vehicle permit holders shall retain trip records.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 81-44.7-5 of the code is renumbered s. 81-44.7-6.
Part 2. Section 81-44.7-5 of the code is created to read:
81-44.7. Driver's License, Public Passenger Vehicle.
5. The fee for processing each request for change of license classification during the license period shall be $25.
Part 3. Section 81-126-1 of the code is amended to read:
81-126. Taxicab Permit. 1. Each meter fare or zone fare taxicab permit shall be issued for a one-year period expiring on October [[30]]>>31<< irrespective of the date of issuance.
Part 4. Section 100-3-9.5 of the code is created to read:
100-3. Definitions.
9.5. LICENSE CLASSIFICATION means the category or categories of public passenger vehicles for which a person holding a valid driver's license issued under s. 100-54 is qualified to operate under s. 100-54-2. License classifications include the following:
a. "Class H" means the holder of the license has met the qualifications to operate the following public passenger vehicles: handicapped-elderly liveries.
b. "Class L" means the holder of the license has met the qualifications to operate the following public passenger vehicles: luxury limousines and shuttle vehicles.
c. "Class M" means the holder of the license has met the qualifications to operate the following public passenger vehicles: motorcycles used for tours.
d. "Class P" means the holder of the license has met the qualifications to operate the following pubic passenger vehicles: pedicabs and horse and surrey liveries.
e. "Class T" means the holder of the license has met the qualifications to operate the following public passenger vehicles: zone and meter fare taxicabs.
Part 5. Section 100-3-11.5 of the code is amended to read:
11.5 MOTORCYCLE means a vehicle as defined in s. 340.01(32), Wis. Stats., and which is used [[only]] on a for-hire or contractual basis [[to provide tours within the city]].
Part 6. Section 100-51-4-b of the code is amended to read:
100-51. Vehicle Inspection.
4. ELIGIBILITY.
b. No vehicle shall be inspected unless, prior to inspection, the permit, certificate of vehicle registration, trip sheets>>for the preceding 90-day period<<, and, if a meter fare taxicab, meter permit and meter inspection slip are presented to the inspecting officer.
Part 7. Section 100-53-1-b of the code is amended to read:
100-53. Financial Responsibility.
1. REQUIRED.
b. The permit will be automatically suspended [[by 9 a.m.]] on the day>> after<< the bond or policy ceases to be in effect. The permit will be reinstated [[upon presentation of]]>>after first presenting<<documentation evidencing insurance coverage required in this section by operation of law>> and making payment of the reinstatement fee required under s. 81-1-6<<.
Part 8. Section 100-54-0 is amended to read:
100-54. >>Public Passenger Vehicle<< Driver's License.
Part 9. Section 100-54-2 to 7 of the code is repealed and recreated to read:
2. QUALIFICATIONS. Each applicant for a driver's license shall:
a. Be at least 18 years of age.
b. Possess a valid motor vehicle driver's license, excluding occupational licenses, issued by the state of Wisconsin.
c. If desiring to operate a motorcycle for tours, possess a valid motor vehicle driver's license issued by the state of Wisconsin for the operation of "Class M" vehicles under ch. 343, Wis. Stats., as amended.
d. If a driver of motorized vehicles, have successfully completed within 3 years prior to the date of any original application a defensive driving and safety course approved by the police department, or have retaken the course if convicted of more than 4 moving violations within one licensing period. The defensive driving course requirement is waived for drivers of non-motorized vehicles.
e. If a driver of handicapped-elderly vehicles, have successfully completed within 3 years prior to the date of any original application a passenger assistance techniques training program approved by the commissioner of health.
f. Be able to read, write and speak the English language to the extent necessary to operate a public service vehicle licensed by the city.
f-1. To satisfy this requirement, applicants for licenses to operate taxicabs must, within 3 years prior to the date of any original application, pass a test established by the city clerk and administered by the police department regarding knowledge of city streets, major buildings, facilities and city regulations regarding public passenger vehicles.
f-2. Alternate tests shall be available for those applicants who possess limited ability to read the English language.
f-3. Any applicant taking any test under this paragraph shall, for identification, present a valid motor vehicle driver's license issued by the state of Wisconsin.
g. Be of sound physique, with good eyesight, and not subject to epilepsy, vertigo, heart trouble or any other infirmity of body or mind which might render a person unfit for the safe operation of a public passenger vehicle.
h. Be clean in dress and person.
3. APPLICATION. a. Application for a driver's license shall be filed with the city clerk on forms provided therefore. The application shall be signed and sworn to or affirmed by the applicant. The application shall require the following information:
a-1. Name, home address and telephone number of the applicant.
a-2. Date of birth, height, weight, color of eyes and hair of the applicant.
a-3. Valid motor vehicle driver's license number issued by the state of Wisconsin.
a-4. License classification for which the applicant is applying.
a-5. Name, business address and telephone number of the person, firm, association or corporation for whom the applicant is or will be employed as a public passenger vehicle driver, if known.
a-6. Whether the applicant has been convicted of any crime or ordinance violation within the last 5 years, the circumstances of which substantially relate to the activity for which a license is sought, nature of the convictions, and the jurisdiction in which the conviction occurred.
a-7. Whether the applicant has prior to the date of application been licensed to operate a public passenger vehicle in this city.
a-8. Whether the applicant has within the last 5 years had any motor vehicle driver's license issued by the state of Wisconsin suspended or revoked, and the nature of the suspension or revocation.
a-9. Sworn statement by the applicant stating that the applicant is aware that the license may be subject to suspension, nonrenewal or revocation if the licensee violates any rule or regulation provided in this section.
b. Each applicant for a driver's license shall file with the application 2 recent photographs suitable in size and form, as determined by the city clerk, for inclusion on the applicant's official license. One photograph shall be attached to the license when issued, and the other photograph shall be filed with the application with the city clerk.
c. Post office box numbers shall not be acceptable for addresses required on applications for driver's licenses.
4. FEE. All applications shall be accompanied by the fee established in s. 81-44.7.
5. CHANGES TO BE REPORTED. A licensee shall notify the city clerk whenever there is a change in any information that is reported in the application form or renewal application form. The licensee shall make this notification in writing within 10 calendar days after the change occurs.
6. FINGERPRINTING. All applicants shall be fingerprinted. This requirement shall not apply to a person already licensed by the city when that person is renewing the license. If a set of fingerprints is on file with the police department, an additional set shall not be required unless expressly requested by the police department for verification.
7. INVESTIGATION. Each application shall be referred to the chief of police who shall cause an investigation to be made and report the findings to the city clerk.
Part 10. Section 100-54-8 of the code is renumbered 100-54-14.
Part 11. Section 100-54-8 to 13 of the code is created to read:
8. COMMITTEE ACTION. a. If the police chief files no objection to an application, the city clerk shall issue the license in accordance with sub. 9. If the police chief files an objection to an application, the application shall be forwarded to the licensing committee for its recommendation as to whether the license should be issued.
b. If there is a possibility of denial, no hearing shall be heard unless the city clerk's office has provided written notice to the applicant. The notice shall be served upon the applicant so that the applicant has at least 3 days' notice of the hearing. The notice shall contain:
b-1. The date, time and place of the hearing.
b-2. A statement that there is a possibility of denial of the license application and the reasons for possible denial.
b-3. A statement that an opportunity will be given to the applicant to respond to and challenge any reason for denial and to present witnesses under oath and to confront and cross-examine opposing witnesses under oath.
b-4. A statement that the applicant may be represented by an attorney of the applicant's choice at the applicant's expense, if the applicant so wishes.
c. If there is a possibility of denial, at the meeting of the committee the chair shall open the hearing by stating that a notice was sent and shall read the notice into the record unless the applicant admits notice. The chair shall advise the applicant that the applicant has an option to proceed with a due process hearing, represented by counsel, with all testimony both direct and cross-examination under oath, or that the applicant may simply make a statement to the committee.
d. A due process hearing shall be conducted in the following manner:
d-1. All witnesses shall be sworn in.
d-2. The chair shall ask those opposed to the granting of the license to proceed first.
d-3. The applicant shall be permitted an opportunity to cross-examine.
d-4. After the conclusion of the opponent's testimony, the applicant shall be permitted to present the applicant's own witnesses, subject to cross-examination.
d-5. Committee members may ask questions of witnesses.
d-6. Both proponents and opponents shall be permitted a brief summary statement.
e. The recommendations of the committee regarding the applicant shall be based on evidence presented at the hearing. Probative evidence concerning whether or not the license should be granted may be presented on the following subjects:
e-1. Whether the applicant meets the municipal requirements.
e-2. Whether or the applicant has been charged with or convicted of any felony, misdemeanor, municipal offense or other offense, the circumstances of which substantially relate to the permitted activity.
e-3. Any other factors which reasonably relate to public health, safety and welfare.
f. The committee may make a recommendation immediately following the hearing or at a later date. Written notice of the committee's decision shall be provided if the decision is made at a later date or if the applicant was not present or represented. The committee shall forward its recommendation in writing to the common council for vote at the next meeting at which such matter will be considered.
9. ISSUANCE OF LICENSE. Any license issued by the city clerk under this section shall contain the following information:
a. Name and recent photograph of the license holder.
b. License classification indicating the category or categories of public passenger vehicles the licensee is qualified to operate.
c. The period of time for which the license is valid.
10. CHANGE OF LICENSE CLASSIFICATION. a. During the license period. Any holder of a license issued under this section is permitted to change the license classification during the license period. Requests for changes of classification shall be made by filing an amendment with the city clerk, and by providing documentation of meeting the qualifications for the license classification under s. 100-54-2 and payment of the fee as provided in s. 81-44.7-7.
a-1. If the police chief had not previously filed an objection to the application for the license for which the change in license classification is sought, the city clerk shall issue the license with a change in license classification in accordance with sub. 9.
a-2. If the police chief had previously filed an objection to the application for the license for which the change in license classification is sought, the city clerk shall refer the application for change of license classification to the chief of police for review.
a-2-a. If the police chief files no objection to an application for change of license classification, the city clerk shall issue the license with a change in license classification in accordance with sub. 9.
a-2-b. If the police chief files an objection to an application for change of license classification, the application shall be forwarded to the licensing committee for its recommendation as to whether a license with a change in license classification should be issued.
b. At the time of renewal. b-1. Any holder of a license issued under this section is permitted to change the license classification at the time application for renewal is filed. Requests for change of license classification shall be made by filing an application for renewal with the city clerk pursuant to sub. 11, and by providing documentation of meeting the qualifications for the license classification under s. 100-54-2 and payment of the fee as provided in s. 81-44.7-4.
b-2. If the licensee fails to submit documentation of meeting the qualifications for the change of license classification at the same time the application for renewal is filed with the city clerk, no change in license classification shall occur, except as provided in par. a.
11. RENEWAL AND NON-RENEWAL. a. Procedure for Renewal. Applications for renewal shall be made to the city clerk. The clerk shall refer the application to the chief of police for review. If the chief of police indicates that the applicant still meets the licensing qualifications, the city clerk shall issue the license unless a written objection has been filed with the city clerk at least 45 days prior to the date on which the license expires. This objection may be filed by any interested person. If a written objection is filed, or if a determination by the city clerk or a designee of the city clerk is made that the applicant no longer meets the licensing qualifications, the application shall be forwarded to the licensing committee for its recommendation to the common council.
b. If there is a possibility that the committee will not recommend renewal of a permit, the procedures for notice, hearing and review by the common council provided in sub. 12 shall apply.
c. Any application filed after the expiration date of the license period following the license period for which the license was issued shall be considered a new license application and is subject to the requirements for an original license provided in sub. 2
12. PROCEDURES FOR NON-RENEWAL, SUSPENSION OR REVOCATION.
a. Any license issued under this section may be subject to non-renewal, suspension or revocation for cause by the common council after notice to the licensee and a hearing.
b. Non-renewal, suspension or revocation proceedings may be instituted by the licensing committee upon its own motion, or upon sworn written charges made and filed with the city clerk by the chief of police or upon a sworn written complaint filed with the city clerk by any interested party.
c. Due Process Hearing and Review by the Common Council. If there is a possibility that the licensing committee will not recommend renewal of the license, or when revocation or suspension proceedings are initiated, the procedures for notice and committee hearing and for the committee report, recommendations and common council consideration provided in ss. 85-3 to 85-5 shall apply.
d. Grounds for Non-renewal, Suspension or Revocation. The recommendation of the committee regarding the licensee shall be based on evidence presented at the hearing. Probative evidence concerning non-renewal or revocation may include evidence of:
d-1. Failure of the licensee to meet the municipal qualifications.
d-2. Pending charges against or the conviction of any felony, misdemeanor, municipal offense or other offense by the licensee, the circumstances of which substantially relate to the circumstances of the licensed activity.
d-3. Violations of any rules or regulations of this chapter.
d-4. Any other factor or factors which reasonably relate to public health, safety and welfare.
13. DISQUALIFICATION. Whenever any application is denied, or license not renewed, revoked or surrendered, the procedures for disqualification for license provided in s. 85-13 shall apply.
Part 12. Section 100-59-1-b of the code is amended to read:
100-59. Operating Regulations for all Public Passenger Vehicles.
1. LICENSE TO BE EXHIBITED.
b. Whenever a licensee's state of Wisconsin motor vehicle driver's license is revoked or suspended, the public passenger vehicle driver's license issued under this chapter to the licensee shall be automatically suspended and returned to the city clerk within 10 working days following the date on which the motor vehicle driver's license was revoked or suspended. The public passenger vehicle driver's license will be reinstated upon presentation of documentation evidencing the possession of a valid state of Wisconsin motor vehicle driver's license>>, excluding occupational licenses <<.
Part 13. Section 100-59-13 of the code is amended to read:
13. TRIP RECORDS. Prior to starting any shift, every driver shall fill in on the trip record his or her name, the shift date and start time, and the vehicle permit number. Every driver shall complete in real time on a daily basis trip records, approved by the police department as to format, which shall show the date, time and place each passenger was picked up and the date, time and place each passenger was discharged. The permittee shall retain trip records for at least [[6 months]]>>90 days<<, and the original records shall be readily available for inspection upon request by the police department.
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
CCL033109-2
RGP
07/08/09
Part 3 of this ordinance is redudant to an identical provision of Common Council File Number 081724 passed May 5, 2009, and is therefore of no effect.
Clerical correction -- jro -- 08/17/09