§ 10:204. Certificate of public convenience and necessity; inspections.

The following rules and regulations shall govern the business of rendering public transportation service within the meaning of this chapter:

(1)

Certificate of public convenience and necessity required. No vehicle for hire, sightseeing or tourist guide vehicle, limousine, pedicab, or low-speed vehicle taxi, as defined in section 10:201 shall hereafter be used or operated by any person on the streets of the city-parish, without having first obtained from the taxicab control board, a certificate declaring that the public convenience and necessity requires such operation, and without having complied with all the requirements of this chapter, all regulations promulgated by the taxicab control board and all other laws of the city-parish and state governing such operation and service. No rights whatsoever shall vest in the applicant if such a finding is made.

All applications for certificates of public convenience and necessity for the operation of a limousine, taxicab, vehicle for hire or tourist or sightseeing vehicle on the streets of the city-parish shall be made to the taxicab control board, and shall set forth:

a.

The name and address of the applicant, who shall be the owner or lessee of such vehicle or vehicles; however, individual operators may join together in a firm or association, which firm or association need not own the vehicles for which licenses are sought; but such firm or association shall establish a central office, shall require daily reports of member operators, and shall maintain an adequate bookkeeping system covering both association receipts and expenditures and receipts and expenditures of the individual operators, and generally meet such other requirements as may be determined by the taxicab control board or the council.

b.

The trade name, if any, under which the applicant does or proposes to do business. If individual operators are organized in an association within the meaning of this chapter, such association shall be organized under and conducted by articles of agreement in writing, signed by the owners of the individual vehicles comprising such association. Such articles of agreement, or amendments thereof shall be submitted to the taxicab control board for approval and a certified copy thereof filed with the board.

c.

The class, type, seating capacity, make, manufacturer, motor number and serial number, design and color scheme of each and every vehicle, and any lettering and marks to be used thereon.

d.

Whether or not the applicant or any of its employees or members, if the applicant is an association or corporation, has been convicted of the violation of any national, state or municipal laws.

e.

Whether or not the applicant, or any person with whom he has been associated or employed, has claims or judgments against him or it for damages alleged to have resulted from the negligent operation of a vehicle for hire.

f.

The financial ability and responsibility of the applicant as reflected by a complete financial statement, or if an association, a full and complete statement of the amounts to be contributed monthly or annually by each member, insurance coverage to be provided, and other pertinent facts required by the taxicab control board.

g.

The ability of the applicant, or if an association, of each member thereof, to respond in damages in the event of injury or damage to person or property by reason of the negligent operation of the vehicle for hire.

h.

If the applicant is a firm or corporation, or association, the application shall state the name and addresses of the officers, directors or members.

i.

All applications must contain a statement of the facts showing a demand for the services proposed to be rendered, the experience of the applicant, or if such applicant is a firm, corporation or association, the experience of each operator, in rendering such services and the period of time that he has rendered it in the city-parish.

j.

Any other information which may be required by the taxicab control board.

k.

The application shall be made upon printed forms to be prepared under the direction of and to be available at the office of the finance department.

(2)

Investigation and inquiry. Upon receipt of such applications for certificates of public convenience and necessity, the taxicab control board shall make or cause to be made, such investigations as may be considered necessary, including any hearing that the taxicab control board may deem advisable, for the purpose of determining whether or not the public convenience and necessity require the operation of such vehicle or vehicles upon the city streets and whether or not the applicant is fit and proper to conduct such business. In determining whether or not a certificate should be issued, the taxicab control board shall give weight and due regard, among other things, to:

a.

Probable permanence and quality of the service offered by the applicant.

b.

The experience that the applicant has had in rendering such service in the city-parish, the past experience of the applicant in prompt adjustment of claims and in payment of judgments, if any, to claimants as a result of injuries received from the negligent operation of public vehicles.

c.

The financial ability of the applicant to respond in damages.

d.

The stability of the business organization of the applicant, and in the case of associations, the ability of the central office to provide satisfactory and responsible service on a business-like basis, and to meet other organizational requirements of the taxicab control board.

e.

The character and condition of the vehicles to be used. This information is to be supplied to the taxicab control board after examination of the vehicles named in the application in the manner hereinafter set forth. The evidence in any investigation, inquiry or hearing may be taken by the taxicab control board or by any agent or employee to whom such authority may be delegated by the taxicab control board and for this purpose the taxicab control board may subpoena such witnesses, papers, books or documents as may be pertinent to such investigation, and every finding, opinion and order made by the taxicab control board, pursuant to such investigation, inquiry or hearing, when approved or confirmed by the taxicab control board, shall be the finding, opinion or order of the taxicab control board.

(3)

Inspection. All vehicles licensed under this chapter must be inspected for mechanical efficiency, properly operating meters and proper registration tags twice yearly, once during the month of March and once during the month of September. Vehicles will be inspected upon a schedule published annually by the taxicab control board and sent to each franchise holder by first class mail. The inspections for mechanical efficiency shall be made by the central garage division of the department of public works and shall include:

a.

A safety inspection covering brakes, windshield, lights, steering, pollution control devices, tires, suspension, insurance and proper registration.

b.

Inspection of general appearance of each vehicle. The exterior of each vehicle must be free of gross damage, i.e., dents larger than six (6) inches in any direction. The franchise holder has thirty (30) days from notification to make all necessary repairs. All paint must be of factory-finish grade (primer is not allowable as a finish coat); however, chips or scratches alone are not cause for failure.

c.

The interior portion of each vehicle must be maintained in a reasonable condition:

1.

Headliner, door panels, package tray, arm rests, floor covering and seats are to be free of holes, snags and soiled spots. The top of the back seat must fit securely against the bottom of the back seat. The floor covering shall be either carpet or floor type mat.

2.

The floor of the trunk shall be covered with either carpet or floor type mat. Only an inflated spare tire and those tools or accessories necessary for the operation of vehicle may be in the trunk.

3.

The interior of the vehicle must be free of all debris. Dashboards must be free and clear of all paraphernalia and other items not necessary for the operation of the vehicle. All vehicles must have air conditioning in working order.

An inspection for properly operating meters, if applicable to the vehicle in question, shall be made by the traffic division of the department of public works and shall include inspection of meter reading, speedometer connection, safety pin and proper seal of the meter.

Each vehicle owner shall, at the time he pays the franchise tax imposed by the provisions of this Code, pay the additional sum of twenty dollars ($20.00) for each vehicle to be operated during the tax year, this sum to be for the cost of the inspections to be made by the department of public works twice yearly hereunder. In the event that reinspection should, for any reason, be required, an additional sum of ten dollars ($10.00) shall be paid at the time of such inspection.

For pedicabs, the annual inspection fee is ten dollars ($10.00), and only one annual inspection is required, as further described in this title. In the event that reinspection should, for any reason, be required, an additional sum of ten dollars ($10.00) shall be paid at the time of such inspection.

Inspection forms shall be completed by the central garage division and the traffic division after each inspection, with a copy to be given to the franchise holder, and a copy forwarded to the Finance Director. An appropriate inspection sticker shall be placed on the bumper of each vehicle to indicate that the hereinabove described inspections have been conducted.

The owner, lessee and/or operator of any vehicle determined to have a mechanical defect or defective or improperly operating meter shall be given seven (7) days in which to have such defect or malfunction repaired. After the expiration of the seven (7) days, the name, registration and license number of each vehicle remaining uncertified shall be given to the taxicab control board for such action as it deems appropriate, including suspension or revocation of the certificate.

No vehicle carrying passengers for hire shall operate within the city-parish without having been inspected and certified; and any such operation is hereby declared to be a violation of this chapter, subjecting the certificate holder to suspension or revocation of the certificate.

Before any applicant shall be granted a certificate of public convenience and necessity hereunder, all of the vehicles named in the application shall be inspected as herein provided. The result of such inspection shall be reported to the taxicab control board with a recommendation of approval or disapproval of the condition of any or all of such vehicles.

Failure to obtain timely mechanical and meter inspections as required by this chapter shall result in a late penalty of fifteen dollars ($15.00) per vehicle to be assessed at the time of the late inspection. This penalty to be in addition to the regular inspection fees set by this chapter. Any party assessed penalties hereunder shall have the right to appeal the assessment of such penalty to the taxicab control board.

(4)

Issuance of certificates of public convenience and necessity. If the taxicab control board finds that the public convenience and necessity requires the operation of such vehicle or vehicles for which certificate is applied, and the applicant is fit and proper to conduct such business, and that the other requirements of law have been complied with, it shall notify the applicant of its finding and the certificate shall be issued for such operation of such vehicle or vehicles in such service, specifically describing each of the vehicles in the same manner as is required herein to be set forth in an application. The certificate shall be effective only as to the exact number of vehicles named in the application. Such certificate shall not be transferable except as to substitute or replacement vehicles operated by the same applicant.

In the case of approved associations, the certificate shall designate the vehicles licensed thereunder and the name of the operator, in addition to the name of the association. If any application is made for a certificate covering more than one (1) vehicle, the taxicab control board may grant or refuse a certificate for such operation of any, or all, of the vehicles for which application is made, as may be consistent with its findings.

If the taxicab control board finds that the public convenience and necessity do not require the operation of any such vehicle or vehicles, or that the applicant is not fit and proper to conduct such business, it shall forthwith refuse such application and no certificate shall issue.

Such certificate, when issued, shall constitute authority for the operation of the vehicle or vehicles therein described in the service authorized, on the streets of the city-parish, subject to all traffic laws and regulation; however, operations shall begin within sixty (60) days after the issuance of the certificate of public convenience and necessity. Certificates shall remain in full force and effect until and unless canceled, suspended or withdrawn and revoked by the taxicab control board, the taxicab control board retaining the right always to review the certificates so issued, or to alter, change or revoke same for good cause.

(5)

Revocation. At any time after five (5) days written notice sent by certified mail to the last-known address of the licensee, or to the address appearing on the application of the licensee, which notice shall fix a specified date for hearing, not less than five (5) days from the date of the notice, and after a hearing before the taxicab control board the taxicab control board may suspend, revoke, alter or amend any certificate issued hereunder for good cause. Notice as herein provided shall not be required where the licensee has failed to pay the franchise tax due under the provisions of this Code.

(6)

General. For each vehicle for which a certificate has been granted, a memorandum certificate shall be issued in such form as the taxicab control board may from time to time prescribe, which shall be displayed in a conspicuous place in the vehicle at all times. Change of ownership of or title to any vehicle for the operation of which certificate has been issued hereunder shall automatically revoke such certificate, and the same shall be surrendered to the taxicab control board; however, such owner or grantee shall have the right to substitute therefor, within thirty (30) days after sale or destruction, another vehicle of same or similar type and construction, and receive a new certificate or otherwise complying with the requirements of this chapter.

No persons shall use the term "taxi" or "taxicab" "limousine" or "for-hire automobile" or "for hire cab," or "jitney," or "sightseeing or tourist guide vehicle" or a pedicab and/or a pedicab service and/or a bicycle rickshaw and/or in any way advertise or hold themselves out as a taxicab, jitney, or for-hire automobile, company or operator, or represent themselves to be such by means of advertisement, signs, trade names or otherwise unless they have complied with the requirements, conditions and regulations prescribed by this chapter.

(7)

License taxes and fees. All persons authorized to operate hereunder shall promptly pay all state and city-parish license taxes and fees as they shall come due, including, but not by way of limitation, occupational taxes, excise license taxes and registration fees. The failure to pay such taxes or fees as they become due shall be good cause for revocation or suspension of the license.

(Ord. No. 9152, § 1, 9-26-90; Ord. No. 11140, § 7, 5-13-98; Ord. No. 15001, § 2, 10-13-10; Ord. No. 15539, § 2, 8-14-13)