For the purpose of this chapter the words and phrases defined in the sections hereunder shall have the meanings therein respectively ascribed to them, unless a different meaning is clearly indicated by the context.

"Business district" shall mean the territory fronting upon a street or highway, including the street or highway, between successive intersections where 50 percent or more of the frontage between said successive intersections is occupied by buildings and used for business, or where 50 percent or more of the frontage for a distance of 300 feet or more is occupied by buildings being used for business and the said character of said territory is indicated by official traffic control devices.

"Compensation" shall mean any fare, reward, tip, donation, or other thing of value which a driver or owner of a vehicle accepts or receives or offers to accept or receive in return for furnishing such service.

"Congested district" shall mean the area bounded on the north by the north property line of Liberty Street, on the east by the east property line of Broadway, on the south by the south property line of Second Street and on the west by the west property line of Plum Street and the west property line of Central Parkway.

"Department," for the purposes of Chapter 407, shall mean the department of safety.

"Director," for the purposes of Chapter 407, shall mean the director of safety.

"Handicapped livery vehicle" shall mean a vehicle for hire which shall be driven by the owner or an employee and which is especially suited for transportation of handicapped persons who by reason of physical or mental infirmity cannot be transported on public mass transportation vehicles or in taxicabs, or who cannot drive their own automobile.

"Licensee" shall mean any person to whom the department has issued a public vehicle license.

"Class A limousine" shall mean any luxury type vehicle as approved by the director which shall operate as a chauffeur-driven vehicle and be operated within the limitations set forth in Section 407-41.

"Class B limousine" shall mean any other type vehicle approved by the director which shall operate as a chauffeur-driven vehicle, and where a specific use is intended or where a specific use is required by contract and where all other public vehicle licenses are deemed impractical or unsuited by the director, in Section 407-41.

"Owner" of a public vehicle shall mean the person who has good title thereto or lawful bill of sale or certificate of title and who in the conduct of business operates or rents such public vehicle.

"Person" shall include "person," "firm," "partnership," "association," and "corporation."

"Public vehicle" shall mean a vehicle by which individual service for compensation in the transportation of persons on the public streets is furnished or offered to be furnished. Public vehicles are classified as "taxicabs," "limousines," "handicapped livery vehicles," "tour vehicles," "animal-drawn carriages" and "pedicabs."

Vehicles furnishing mass transportation service of persons, such as motor buses, which are operated over fixed routes on a fixed schedule or between fixed termini, are not included in the term "public vehicle," but must comply with the appropriate provisions of law and the Cincinnati Municipal Code.

"Pedicab" shall mean a three-wheeled public vehicle, used for securing passengers for compensation on the public streets, which is powered by a human being, and has separate seats for the operator and passengers.

"Taxicab" shall mean any public vehicle licensed hereunder to be used in securing or accepting any passenger or passengers for compensation, on the public streets, or on any public or quasi-public place, or accepts a passenger or passengers for compensation upon hail or request made on the public streets or on public or quasi-public places.

"Taximeter" shall mean any mechanical instrument or device by which the charge for hire for a taxicab or an auto-for-hire is mechanically calculated, and on which such charge is plainly indicated.

"Tour Vehicle" shall mean any vehicle, operating on a fixed route, with a fixed schedule, and charging a fee with the intent of providing passengers with a sightseeing tour or with the intent of providing passengers with the amusement of riding in a rare vehicle.

No person, either as owner or as agent, employee or driver for, or lessee of, shall operate or permit to be operated any vehicle as a public vehicle, or shall proffer the services of such vehicle as a public vehicle by solicitation by voice, sign, public advertisement, light, or otherwise unless the proper license has been issued to the owner thereof and is in force.

Every license shall expire on January 14 of the year following the date on which the license was issued. License fees for each public vehicle shall be payable to the city treasurer in the following amounts per year:

These fees shall include all vehicle and taximeter inspections conducted by city personnel. If a license is issued on or after July 1 of any year the fee therefor shall be half the applicable annual fee. The license fee required by this section shall be in addition to any fee required by the laws of the state of Ohio.

In addition as part of the requirements of this section, each application for a renewal of a taxicab and handicapped livery vehicle shall be accompanied by a complete schedule of rates used by the applicant for trips to surrounding cities, villages and communities. Any charge made that is not in accordance with this rate schedule shall be considered cause for revocation of the license of the driver, of the vehicle, or both. These trips shall be based upon the meter rate plus a surcharge and shall not exceed25 cents per mile in excess of meter rate for mileage outside of the city of Cincinnati.

Applications for licenses for public vehicles shall be made to the city manager or his designee upon forms provided by the city manager or his designee. These forms shall be designed by the director after consultation with representatives from the public vehicles industry. At a minimum, these forms shall set forth the name and address of the applicant, the trade name under which business is to be conducted, the class of each vehicle for which a license is desired, the seating capacity, the design, color scheme, and lettering and marks to be used on the vehicle, and any other information required by the city manager. Each application for an animal-drawn carriage shall also contain the route on and hours during which the animal-drawn carriage is to be operated and a drawing, model or photograph of the type of carriage to be inspected so that it may conform to the aesthetic requirements set forth by the manager. Each application for a pedicab shall also contain the hours and days of operation, the proposed areato be served, a drawing, model, or photograph of the pedicab, so that is shall conform to the aesthetic requirements set forth by the manager. Each application for a tour vehicle shall contain the route, days, and hours of operation of the tour vehicle. The proposed route, hours, and days of operation for each animal-drawn carriage, pedicab and tour vehicle shall be reviewed for public safety purposes by the departments of safety, public services, transportation and engineering and the public vehicle inspection office. Each shall provide a report and recommendation to be considered by the director in the hearing prior to the issuance of a public vehicle license specified in Section 407-7 of the Cincinnati Municipal Code. Upon application for the first public vehicle license or licenses taken out in the applicant's name, the applicant shall pay to the city treasurer upon filing for each such public vehicle license the sum of $10 which fee shall not be refunded. If the application is approved, the applicant shall furnish the city treasurer prior to the issuance of the decal information covering the particular vehicle to be licensed. Such information shall include the make, the state license number, where applicable, the length of time the vehicle has been in use, and the name and address of the person from whom the vehicle was purchased, and any other information required by the city manager, pertinent to the issuance of a license.

The director shall investigate and hold a hearing as to each application for license for a public vehicle license. If the director finds from such investigation and hearing that the public convenience and necessity justify the issuance of the public vehicle license, the director shall forthwith notify the applicant of the finding in writing and state his reasons. Within 30 days thereafter, the applicant shall furnish the director with all additional information required; and if the director then finds thatsuch vehicle is a safe and fit conveyance, and that it complies with all the requirements of the Cincinnati Municipal Code, the director shall notify the city treasurer, who shall issue a license to the applicant upon payment of the proper license fee and the furnishing of the insurance or risk retention coverage required. If the applicant does not comply with the requirements of this section within 30 days, the findings of the director shall be null and void.

If the director finds from such investigation and hearing that the public convenience and necessity do not justify the operation of the vehicle for which a license is desired, the director shall forthwith notify the applicant of the finding in writing stating his reasons.

All public vehicle licenses shall expire on January 15 of the year following the date on which the license was issued. All public vehicle licenses may be renewed by the director for each successive year between January 1 and January 15 of each year.

In determining whether to increase the number of public vehicle licenses for taxicabs the director shall consider the criteria set out in divisions (a) through (i) below:

When the director grants or denies a license for the operation of a taxicab, the applicant or any other interested person may appeal the decision to the city solicitor. All appeals must be filed in writing, with the director within five working days of the written decision. If an appeal is filed, the director shall promptly notify the city solicitor who may appoint one of the assistant solicitors to conduct a hearing. The grant or denial of the license(s) shall be stayed during the pendency of the appeal before the solicitor or assistant solicitor. The solicitor, or the designee, shall commence to hear the merits of an appeal within thirty (30) days from the filing of the appeal. The solicitor, or the designee, is authorized to call witnesses, expert or otherwise, at the hearing; and shall render a decision within ten (10) days of the date of the hearing, which decision may affirm, disaffirm or grant exceptions from the order. The solicitor, or the designee, shall base the decision on the facts presented at the hearing and the criteria set out in Section 407-8.

When the director suspends or revokes a license provided for in this chapter the licensee may appeal the decision to the city solicitor. All appeals must be filed in writing, with the director within five working days of the written decision. If an appeal is filed, the director shall promptly notify the city solicitor who may appoint one of the assistant solicitors to conduct a hearing. The suspension or revocation of the license(s) shall be stayed during the pendency of the appeal before the solicitor or the designee. The solicitor, or the designee, shall commence to hear the merits of an appeal within thirty (30) days from the filing of the appeal. The solicitor, or the designee, is authorized to call witnesses, expert or otherwise, at the hearing; and shall render a decision within ten (10) days of the date of the hearing, which decision may affirm, disaffirm or grant exceptions from the order. The solicitor, or the designee, shall base her decision on the facts presented at the hearing and the criteria set out in Chapter 407 of the Cincinnati Municipal Code.

The director, upon determining it is in the public interest, may grant permission for the use of a car as a public vehicle that is owned and licensed by a person other than its public vehicle licensee.

The director may refuse to authorize the issuance of a license under Section 407-7 to any applicant who has, within three years prior to the date of such application, been convicted of operating, permitting to operate or offering to operate a vehicle as a public vehicle in violation of the provisions of Section 407-3, 407-97, 407-99 or 407-101 of the Cincinnati Municipal Code.

Whenever the city manager determines that the public safety is threatened by the continued operation of one or more public vehicles, the manager may immediately suspend the public vehicle license or licenses. In such a circumstance the safety director, or his designee, shall immediately notify the license holder who shall discontinue operation of the public vehicle or vehicles at once.

Upon notifying the license holder of the emergency suspension, the director shall set a time and place for a hearing to determine if the suspension shall continue. Said hearing shall be conducted on the first business day after the order of suspension, unless the license holder requests a delay.

If, at the hearing, the safety director determines that the public safety is not threatened he shall reinstate the license or licenses at no cost.

If, at the hearing, the director determines that the public safety is threatened he may continue the license suspension or suspensions until such time as he determines that the public safety is no longer threatened.

Whenever any person who holds one or more licenses for public vehicles (except animal-drawn carriages, tour vehicles and pedicabs) shall for a period of 30 consecutive days fail to make a reasonable and consistent effort to operate any such licensed public vehicles, the director shall notify the city treasurer, who shall revoke the license for such vehicle or vehicles. Notwithstanding the aforesaid, the holder of ten or more public vehicle licenses for taxicabs may keep up to ten percent of his vehicles outof use. The holder of ten or fewer public vehicle licenses for taxicabs may keep one vehicle out of use. Licenses for animal-drawn carriages shall be revoked after 180 consecutive days of non-use.

No license to operate any public vehicle shall be issued or renewed by the city treasurer, and no person shall operate any public vehicle, or permit such to be operated, unless and until the applicant shall deposit with the city treasurer a policy or policies of liability insurance issued by a responsible insurance company or a risk retention group meeting the requirements of the Liability Risk Retention Act of 1986. Said policy or policies shall be approved as to sufficiency by the city treasurer, and as to form by the city solicitor, provide indemnity for or protection to the insured, against loss in the amounts provided for in Sections 407-29 and 407-30 herein, and an agreement to pay, within the limits of the amounts fixed in said sections to any judgment creditor, any final judgment rendered against the insured by reason of the liability of the insured to pay damages to others for bodily injuries, including death at any time resulting therefrom, and for damages to or destruction of property sustained during the term of said policy by any person other than the insured and employees of the insured, and resulting from negligent operation, maintenance or use of such licensed public vehicle.

The policy of insurance shall provide that in case the vehicle is operated, maintained or used with the consent or acquiescence of the owner, by one other than the owner, the owner's agent or employee, and an injury results to person or property as indicated above, due to the negligent operation, maintenance or use of the vehicle, that the insurer shall pay to any judgment creditor of the person so maintaining, using or operating the vehicle, any final judgment rendered against the person so maintaining, using or operating the vehicle.

The applicant furnishing insurance may be either one single licensee or two or more licensees acting jointly so as to have an insurable interest in one another that would qualify them as a single insurable entity to purchase one insurance policy. The insurance policy supplied by multiple licensees shall apply jointly and severally to all such licensees.

The policy or policies of insurance hereinbefore required shall be valid and effective for the same period for which the license is issued.

Each licensed public vehicle, except handicapped livery vehicles, shall be covered by a combined single limit liability policy providing coverage per occurrence for death, personal injury and property damage in an amount of not less than $100,000.

Handicapped livery vehicles shall be covered by a $1 million combined single limit liability policy providing coverage per occurrence for death, personal injury and property damage.

Each licensed public vehicle, except animal-drawn carriages and pedicabs, shall provide to its passengers uninsured and underinsured motorist coverage which shall provide protection for bodily injury or death to said passengers in the amount of $25,000.

The coverage afforded herein shall not apply to the drivers of said vehicles.

(C.O. 407-31; a. Ord. No. 11-1960, eff. Jan. 6, 1960; a. Ord. No. 457-1969, eff. Dec. 31, 1969; a. Ord. No. 440-1971, eff. Dec. 8, 1971; reordained as C.M.C. 407-31, eff. Jan. 1, 1972; a. Ord. No. 519-1977, eff. Dec. 29, 1977; a. Ord. No. 426-1978, eff. Oct. 18, 1978; a. Ord. No. 390-1987, eff. Jan. 15, 1988; Repealed by Ord. No. 281-1988, eff. Aug. 6, 1988; implemented Jan. 15, 1989)

(Ordained by Ord. No. 390-87, eff. Jan. 15, 1988; Repealed by Ord. No. 281-1988, eff. Aug. 6, 1988, implemented Jan. 15, 1989)

The department shall furnish free of charge a decal which is to be affixed in the lower left-hand corner of the windshield, except animal-drawn carriages, and pedicabs, where the decal shall be affixed to a glass (plexiglass) plate 4" x 5" provided by the licensee. The plate shall be secured (easily removed) to the exterior of the carriage or pedicab as approved by the director. The decal shall indicate vehicle license number and type of license (taxi, limousine, handicapped livery vehicle, tour vehicle, oranimal-drawn carriage or pedicab). When the vehicle is retired from service, the decal is to be removed and destroyed. Operation of a public vehicle without the proper decal or failure to properly destroy a decal shall be cause for revocation. If a public vehicle license is transferred from vehicle to vehicle, a new license decal shall be furnished by the department subject to the above conditions.

It shall be unlawful to display public vehicle equipment and insignia on any vehicle other than a licensed vehicle.

No person, owner, agent, employee or driver of a public vehicle, except animal-drawn carriages, tour vehicles, and pedicabs, unless approved by the director, shall:

Nothing contained in paragraphs (c) and (d) of this section shall apply where the public vehicle is operated under a special trip rate as provided by Section 407-61.

It shall be the duty of every driver of an unengaged taxicab upon request, to transport any orderly person between any two points within the city. Whenever the director shall order, every taxicab shall have posted on the window of the passenger compartment door thereof, on each side, or in such other place as the director shall designate a notice, to be provided by the director, reading as follows:

For the purposes of this section, the word "unengaged" shall mean that the taxicab is in charge of a driver, and neither occupied by, or standing at the direction of a passenger, nor responding to the call of a prospective passenger. A taxicab standing in a taxicab stand shall be presumed to be unengaged.

Should it be shown at any time, to the satisfaction of the director, that a driver has failed to comply with the requirements of this section, the director shall, after a hearing, suspend the license of such driver for a period of 5 to 15 days on the first violation, and 15 to 30 days on the second violation within any 3-year period. In case of a violation after two such suspensions, within any 5-year period, the driver's license shall be revoked.

Class A limousines shall not exhibit any signs, lights, symbols, lettering or figures on or from any part of such vehicles, nor shall any limousine, Class A or B, solicit or accept passengers on the streets or public places, or quasi-public places, except in a designated limousine stand, nor stand on any public taxicab stand.

Class B limousines, upon approval of the director, may be permitted to exhibit identification such as company name and license number when identification of vehicles is warranted by type of service being rendered and it would serve in the best public interest.

Every person owning and operating a taxicab or taxicabs under license from the city of Cincinnati may adopt any trade name, design, color scheme or method of painting or lettering such taxicabs that is approved by the director. Such trade name, design, color scheme or method of painting or lettering shall include the following matter:

Whenever the name of the owner or the trade name under which business is done does not include any one of the words "taxicab," "taxi," or "cab," then the word "taxicab" shall be painted on each side of the taxicab immediately beneath the name or trade name.

Whenever any person owning or operating taxicabs does not adopt and use an approved trade name, design, color scheme or method of painting and lettering as hereinbefore mentioned then it shall be mandatory for such person to paint the following matter on the taxicabs:

All mandatory lettering and wording, whether in a particular trade name, design, color scheme, method of painting or lettering or otherwise, as hereinbefore provided, shall be at least two inches in height, and shall be of such color as in the opinion of the director will contrast distinctly with the color of the body of the taxicab. The said serial body numbers on sides and rear shall be no less than three inches in height.

Whenever the word "paint" or "painted" is used in this ordinance it shall mean the application of coloring matter in oil solution, and not in water solution.

It shall be unlawful to cause or permit any taxicab to appear with the trade name, design, color scheme or method of painting and lettering that is not approved by the director for the vehicle concerned or that is not in accordance with the terms of the Cincinnati Municipal Code.

Every person owning or operating a licensed handicapped livery vehicle may adopt a trade name, and shall display identifying lettering on and adopt such vehicle color, color scheme or color combination for the handicapped livery vehicle as approved by the director. All identifying lettering, vehicle colors, color schemes or color combinations on handicapped livery vehicles operated under the same trade name shall be substantially the same. The identifying lettering shall include the following: the serial number assigned by the director and the owner's name or trade name and the operator's telephone number. The form of lettering shall be substantially as follows:

All mandatory lettering and wording as herein provided shall be not more than two inches in height and shall be of such color as in the opinion of the director will contrast distinctly with the color of the body of the handicapped livery vehicle; the serial number assigned and furnished by the director on the sides, front and rear of the vehicle shall be not more than three inches in height. The word "display" as used in this chapter shall mean the application of decals which will be provided by the department to the licensee at a nominal charge. No person shall cause or permit any handicapped livery vehicle to appear with a trade name or method of lettering or vehicle color, color scheme or color combination that is not approved for that particular vehicle by the director.

No taxicab or handicapped livery vehicle shall carry any lettering, signs or advertisement on or in any window glass or windshield except a reference to a special trip rate, if authorized by the director and in use, on or in the last rear windows on each side of the vehicle, and in letters commencing at the sill and rising no higher than four inches.

All fares and charges for use of handicapped livery vehicles shall be determined by contract, and it shall be the duty of the licensee to inform any person hiring handicapped livery vehicles as to all rates and fares to be charged before any service is rendered. All rates and fares used shall be filed with and approved by the director between January 1 and 15 of each year in accordance with Section 407-69.

No individual shall be charged any rate, nor shall any rate be approved by the director that is exorbitant as compared to other rates filed and rates determined by contract with hospitals and/or government agencies.

All fares or charges for the use of a taxicab shall be determined by the taximeter rate, the hourly rate, or the special trip rate, and by no other method.

The taximeter fare for taxicabs for a distance traveled in service in Cincinnati shall be computed by a taximeter, and shall not exceed in any case the fare computed on the following basis:

Provided, that the initial charge or meter trip shall not exceed $3.60 and each succeeding charge or meter drop shall not exceed 20 cents.

Every person owning and operating a taxicab under license from the city of Cincinnati may adopt a minimum trip rate which shall not exceed $3.00 per trip.

Those persons adopting a minimum trip rate shall post the minimum trip rate schedule in accordance with the orders of the director.

The taximeter shall be used on all trips and the passenger shall pay the minimum trip rate or the taximeter rate, whichever is greatest.

All fares and charges for use of limousines, pedicabs, tour vehicles and animal-drawn carriages shall be filed with and approved by the director between January 1 and 15 of each year in accordance with Section 407-69.

It shall be the duty of the licensee to inform any person hiring a limousine, and animal-drawn carriage, tour vehicle or pedicab of all rates and charges before any service is rendered.

Where the taximeter rate is used, no charge shall be made by a taxicab or handicapped livery vehicle for the distance traversed in responding to a call where such distance is one mile or less. Where the distance is in excess of one mile, a charge of not more than 16 cents a mile or fraction thereof may be made for the excess distance.

For the purpose of this chapter, waiting time shall include the time during which the taxicab is not in motion after its arrival at the place to which it has been called and the time consumed while standing at the direction of a passenger. No charge shall be made for time lost by reason of the inefficiency of the taxicab or its driver, or time lost by premature arrival in response to a call.

The special trip rate for taxicabs shall be used only with the approval of the director. Its use shall ordinarily be limited to trips between a point of general gathering and the congested district as defined in Section 501-1-C2 of the Traffic Code, and to points on the route in between. Temporarily, a special trip rate may be authorized by the director between any two points of general gathering. An approval for one owner to use the special trip rate shall constitute an authorization for all owners. A special trip rate shall in no case exceed $2.00 a mile per passenger. Application for the establishment of a special trip rate shall be made to the director. The director may approve the use of the special trip rate for such period of time as public convenience and necessity shall justify. When the special trip rate is used, it shall be posted in accordance with the orders of the director.

When a taxicab is not in service, the taximeter shall show no fare. When a taxicab is in service, and the taximeter rate is used, the flag or indicator on the taximeter shall be lowered and the taximeter shall be in the calculating position. Upon the completion of service of a taxicab the flag or indicator on the taximeter shall be raised, and the taximeter shall be returned to the noncalculating position and its dials cleared.

On any taxicab trip originating and terminating within the corporate limits of the city of Cincinnati, the taximeter rate shall be used provided the taxicab has not been engaged on the hourly or special trip rate.

On any trip originating within the corporate limits of the city of Cincinnati and terminating beyond the corporate limits of the city of Cincinnati, the taximeter rate shall be used and in addition to this rate a surcharge may be made, making the total trip charge equal to meter rate plus surcharge.

All charges other than the hourly rate or the special trip rate shall be made in accordance with the above and by no other method.

Taxicabs may not use and offer the hourly rate or the special trip rate unless offering also the taximeter rate. Where no rate is specified, the taximeter rate shall be used; however, when a passenger requests transportation to a place of public gathering to which a special trip rate has been authorized, and a special trip rate, authorized and applicable, has been posted in accordance with the director's order, and such passenger has not specified the taximeter rate, the special trip rate shall be used. Taximeter rate may be demanded by the passenger or passengers upon entering the taxicab, and if so demanded immediately after entering the taxicab the taximeter rate must be used for that trip instead of special trip rates.

Every owner of one or more public vehicles shall file in the office of the director the complete schedule of rates offered and used.

Rate schedules may be changed by the owner. No change in schedule shall become effective until one day after it is filed with the director and until all requirements of Section 407-77 have been complied with. (The requirements of Section 407-77 shall not apply to animal-drawn carriages, tour vehicles and pedicabs.) Not more than one amended schedule shall be filed by an owner in any period of 30 days unless with the consent of the director.

All schedules of rates of fare on file with the director shall be open to public inspection.

No driver or other person in control of a taxicab, limousine, handicapped livery vehicle, pedicab, tour vehicle or animal-drawn carriage shall make any charge except in accordance with the schedule of rates filed as herein provided.

Every public vehicle shall carry in it at all times a rate card issued for the vehicle by the director. The rate card shall contain, in legible type, the director's office address, the name of the license owner, the type of vehicle, the serial body number on the vehicle, the date of issuance and the complete schedule of rates of fare used as filed with the director. In taxicabs such rate card shall be mounted under transparent covering in the rear compartment or interior of the vehicle in such a position that it can be read easily by the occupants of the vehicle. In limousines, pedicabs, tour vehicles, and animal-drawn carriages such rate card shall be exhibited on demand.

Rate cards shall not be altered or tampered with by any person. Whenever a rate card becomes damaged, soiled or illegible, the owner shall request and the director shall issue a new card for the vehicle. No fee shall be charged for the issuance of a new, corrected, or duplicated rate card when the old card is turned in to the director.

In case of the loss of a rate card, the owner shall file with the director a sworn statement of the facts concerning such loss. If the director is satisfied that the facts justify the issuance of a replacement rate card, such replacement rate card shall be issued upon the payment of 50 cents.

The driver of a public vehicle shall, if requested, deliver to the person paying for the hire of the vehicle, at the time of legibly printed or written the name of the licensee, a method of identifying the vehicle or its driver, all items for which a charge is made, the total amount paid, and the date of payment.

No taxicab shall be operated or licensed hereafter unless equipped with a taximeter geared to the drive shaft in the transmission or in the rear of the transmission.

Every taximeter shall be so mounted in the taxicab that the amount of fare to be charged shall, at all times, be plainly visible from the inside of the vehicle to all occupants of the vehicle. Every taximeter shall be so attached to the taxicab that it is possible for a person standing outside the vehicle to tell whether the taximeter is in use or not. Between the hours of sunset and sunrise, the dial of the taximeter shall be illuminated whenever it is in use.

No person owning or operating any taxicab shall offer or let the same for hire unless the taximeter affixed thereto is set to register and calculate the fare in accordance with the rates filed with the director.

No person, agent, employee or driver shall knowingly break the seal placed by the director or persons designated by the director on a taximeter, or shall knowingly change the calculation rate of a taximeter, without filing a schedule of rates with the director and having the taximeter inspected and sealed by the director.

No person owning or operating any taxicab shall offer or let the same for hire unless the taximeter affixed thereto has been inspected and tested by the director, and has been found to calculate and register the fare correctly in accordance with the rates filed with the director and posted in the taxicab, and a seal attesting thereto has been placed on such taximeter.

Whenever the owner of a taxicab shall file an amended rate schedule, in which the taximeter rate is alerted, the taximeter on the taxicab involved shall be adjusted to the new rate and the taximeter shall be inspected, tested and sealed by the director as hereinbefore provided before the taxicab shall be placed in operation under the new rate.

It shall be the duty of the director to inspect, test and seal every taximeter used on a taxicab at least once in every six months.

In the event complaint is made to the director that any taximeter registered incorrectly, or not in accordance with the rate card posted in the taxicab, or not in accordance with the rate on file in the office of the director, it shall be the director's duty immediately to inspect such taximeter.

Every inspection shall include the examination and inspection of the taximeter affixed to the taxicab, every wheel, tire, gear, shaft, and every part of the mechanism which may affect or control the operation of such taximeter, registering both as to distance and as to time; and the standards of measures and tests given hereafter shall be used therein by the director; and it shall be the duty of the director to seal all taximeters found correct and in accordance with the taximeter rates on file with the director and posted in the taxicab.

The director shall keep a record of the identification number of every taximeter and the date of inspection thereof.

If the director shall find any taximeter not accurate and correct or not calculating and registering in accordance with the rates filed with the director and posted in the taxicab, it shall be unlawful for the licensee of the taxicab containing such taximeter to operate or permit the same to be operated until its taximeter has been repaired and has been inspected and tested and found accurate and correct and registering in accordance with the rates filed with the director and posted in the taxicab and a seal has been placed thereon.

The standards used by the director in testing and inspecting taximeters shall be in accordance with the following schedule:

No charge shall be made for any bag, suitcase or ordinary light traveling baggage in an amount not to exceed in weight 50 pounds, carried by any passenger.

Drivers of public vehicles shall promptly deliver to the police department, or to authorized agencies of their companies, all property of value left in such vehicles by passengers.

Occupancy of a hotel zone or bus zone for purposes of soliciting patronage, or offering taxicab, handicapped livery vehicle, limousine, pedicab, tour vehicle or animal-drawn carriage service shall be unlawful.

The licensee or person in charge of one or more public vehicles shall keep a record of all such public vehicles showing the body number, the city license number, the state license number, and such data as may be necessary to identify the driver of such vehicle or vehicles at any and all times. Such licensee or person in charge shall also keep a record of the time of departure from and arrival at the garage or headquarters of such public vehicle. All public vehicle drivers shall make records, which shall bepreserved by the licensee or person in charge, showing the time of beginning and the time of ending of each trip, the first and last stop, and the amount of fare collected. The record shall be subject to inspection at all times by the police department and by the director and shall not be destroyed for a period of six months.

Every person conducting a public vehicle business in the city of Cincinnati shall keep accounts showing the receipts, expenses and other financial details for the business according to a uniform system, on forms prescribed by the director. On or before March 1 in each year a report shall be made to the director showing in such detail as required the business operations of the preceding year, including changes in capital account. Such reports shall be considered confidential and subject to inspection solelyby the director, the city manager, and the public utilities committee of council.

No licensee or owner of any public vehicle shall permit the vehicle to be driven for hire by any one who is not a Cincinnati licensed driver.

Every person operating one or more public vehicles or motor buses shall notify the director monthly, on blanks to be furnished by the director, of every public vehicle driver entering or leaving the employ of such person during the month.

In the event the owner of a licensed public vehicle shall cease to own the vehicle, or in the event that such vehicle shall become unsuitable for operation, or the owner shall desire to substitute another vehicle, an affidavit to such effect shall be filed with the director and the director shall thereupon notify the city treasurer, who shall transfer the license to any other vehicle, provided such vehicle is of the same type and approved by the director.

Any public vehicle license may be transferred from one licensed person, partnership or corporation to another person, partnership, or corporation already in possession of a license. Said transfers shall be made upon forms approved by the Director, and filed with the City Treasurer. Each transferee shall comply with all provisions of this chapter.

The acceptance of passengers, or the offer to accept passengers, for compensation by the operator of any vehicle other than a public vehicle duly licensed under and operating in accordance with the provisions of the Cincinnati Municipal Code, or motor buses operating under proper authority, is hereby prohibited.

The operator of a public vehicle duly licensed by some other proper governmental authority, but having no Cincinnati license, the place of business of the owner or operator of which is not in the city of Cincinnati, may transport passengers into Cincinnati by means of such public vehicle, but may not accept, or offer to accept any passengers for compensation, or accept any business whatsoever, within the limits of the city of Cincinnati; provided, however, that this section shall not apply to operators of public vehicles duly licensed by other governmental authority, when such public vehicles are engaged in transporting school children domiciled outside the corporate limits of the city of Cincinnati to and from their homes and a school located within the corporate limits of the city of Cincinnati.

No person shall equip, mark, paint, display marking lights or windshield lights or in any way cause a motor vehicle to resemble a duly licensed public vehicle or create a public impression that a motor vehicle is a duly licensed public vehicle approved by the director under authority of Chapter 407 of the Cincinnati Municipal Code.

No person, with intent to defraud the owner or driver of any public vehicle, shall engage carriage therein. Refusal to pay the lawful charge for such carriage, or absconding without payment or offer to pay, shall be prima facie evidence of such intent to defraud.

No person shall offer or proffer public vehicle service by two-way radio for any Cincinnati location without first having obtained a public vehicle dispatching office license from the city of Cincinnati.

Each office or dispatching location shall meet all requirements of the Cincinnati Municipal Code and be subject to the inspection and approval of the director.

Each license shall expire on January 14 of the year following the date on which the license was issued.

The fee shall be $16 for the initial license and $16 per year thereafter.

If at any time the director discovers that unlicensed cars are being dispatched from any licensed location the director may, after a hearing, revoke the license of the dispatching office and the licenses of any or all public vehicles held by the person responsible for the illegal operation.

The Director shall specify certain individuals who shall be authorized to inspect taxicabs for safety, mechanical, and body condition purposes. The Director shall provide certificate of inspection forms to these inspectors; said forms shall include provisions for safety, mechanical, and vehicle body condition.

Prior to being used as a licensed public vehicle each taxicab must be inspected and approved by an individual authorized by the Director to inspect taxicabs. The inspection shall concern itself with safety, mechanical, and body condition matters as determined by the Director. The authorized individual inspecting the taxicab shall examine the vehicle to determine if the vehicle conforms to the standards set out by the Director. If the vehicle conforms to the Director's standards, the inspector shall sign a certificate so indicating. If the vehicle fails to conform to the Director's standards the inspector shall sign a certificate so indicating.

Subsequent to the initial inspection each taxicab must be inspected and approved semi-annually by an individual, authorized by the Director to make inspections, to ensure that the vehicle still conforms to the standards set out by the Director. If a vehicle is out of service for more than 30 consecutive days as a result of a failure to conform to the Director's criteria for safety, mechanical or body conditions the license for said vehicle shall be subject to the revocation procedures set out in § 407-15.

Every public vehicle shall be kept in a safe and sanitary operating condition and, with the exceptions of pedicabs and tour vehicles, shall at all times have the following equipment:

No person shall use a public vehicle for an unlawful or immoral purpose.

When such unlawful or immoral use has occurred with the knowledge of the person owning the public vehicle or when within any period of five years two such convictions have occurred involving the vehicle or vehicles covered by a given public vehicle license, the city treasurer upon recommendation of the director after a hearing shall revoke the public vehicle license for the vehicle involved.

When such unlawful or immoral use has occurred with the knowledge of the person driving the public vehicle, the city treasurer upon recommendation of the director, after a hearing, shall revoke the driver's license as such person.

The director shall be authorized to establish such taxicab stands in the congested district as will serve the best interests of the public and such authority and direction shall include the establishment of taxicab stands in front of fire plugs as the need of the public may require. If the director determines that the public convenience and necessity require the establishment of a taxicab stand outside of the congested district, he may establish such stand for a period of 60 days or until such time, prior to 60 days that a public hearing is held. If at such a hearing the director determines that the public convenience and necessity requires the continuance of such stand, the director shall order that it be made a taxicab stand indefinitely. All taxicab stands in existence on January 1, 1957, shall continue to be taxicab stands indefinitely. Such taxicab stands shall be designated by a sign or signs indicating that they are taxicab stands. Such stands shall be reserved exclusively for the parking of taxicabs while awaiting passengers for hire. The driver of a taxicab shall remain on or beside the taxicab when parked upon a taxicab stand. The driver of a taxicab which is engaged shall not occupy a place on a taxicab stand with such vehicle.

The director may order that certain taxicab stands be named restricted stands and post signs indicating that the stand is restricted and the drivers are required to remain in their cabs at all times.

The director is hereby authorized to establish and designate "layover stands" in which a taxicab may be parked and left unattended for a period not exceeding one hour.

No person shall park a taxicab anywhere in the congested district except on a designated taxicab stand, or occupy any taxicab stand during hours when occupancy thereof is prohibited. In the event that more cabs attempt to occupy a stand than the designated capacity of that stand, the cab at the front, or at the rear, or the cabs in both front and rear positions, shall be deemed in violation.

The director is authorized to establish limousine stands as the need for the public may require and to designate such stands by appropriate sign or signs.

Such stands shall be reserved for the exclusive use of limousines when awaiting passengers.

Where a taxicab stand is established at or near a hotel entrance, it shall be unlawful for the operator of any cab other than the one in the front position in the stand or the operator of a cab of different ownership from the one in such front position, to take on a passenger at or near such hotel entrance.

The director shall designate the location of space and times of use for stands to be known as "animal-drawn carriage stands." No automobiles or other means of conveyance except pedicabs shall be permitted to use such "animal-drawn carriage stands" within the time as provided by the rules and regulations promulgated by the director.

The director is authorized to formulate reasonable rules and regulations for the use of such "animal-drawn carriage stands" so as to ensure equality of opportunity between operators and to prevent unfair practices between the owners, operators and drivers of such animal-drawn vehicles for hire.

No person shall operate a licensed pedicab on the streets of the city of Cincinnati during the hours of 7:00 a.m. and 9:30 a.m. and the hours of 3:30 p.m. and 6:00 p.m.; the aforesaid prohibitions are not applicable on weekends and legal holidays.

No person shall operate a pedicab, licensed under this chapter, on a portion of a street with a speed limit in excess of 25 miles per hour, except as approved by the Safety Director.

No person shall operate, park, or let stand a licensed pedicab on the sidewalks of the city of Cincinnati.

The operator of a licensed pedicab shall see to it that passengers enter and exit the vehicle on the curb side of the street.

The city manager with the approval of the city planning commission is authorized to permit taxicab owners or operators to erect telephone booths in the sidewalk area for the free use of the public in obtaining taxicab service and to permit drivers of cabs to communicate with their headquarters. The booths shall be erected at places approved by the city manager and the city planning commission and shall be of a design approved by the city manager. The permit of the city manager to erect any such booth shallbe revocable on 30 days' notice to such owners or operators. At the expiration of the 30 days' notice the owner or operator shall immediately remove the booths.

The city manager or director of public works is authorized to permit the attachment of telephones to the poles of public utility companies and others which are located on the highways in the city of Cincinnati for the use of motor bus and public vehicle owners or operators, provided such poles have been erected and exist under proper authority, and provided further that written consent for such attachment has been secured from the owner of the poles and presented to the city manager or director of public works. The telephones may be installed only in such places and in such manner as the city manager or director of public works shall approve, and shall be used solely as a means of communication between the drivers of motor buses and public vehicles and their respective headquarters. Any permit granted hereunder may be revoked by the city manager or director of public works upon 30 days' written notice to the motor bus or public vehicle owner or operator. At the expiration of the 30 days' notice the motor busor public vehicle owner or operator shall discontinue the use of any telephones affected by the revocation and shall cause them to be removed immediately thereafter.

No public vehicle shall carry more passengers than the number designated as the seating capacity in the application on which the license was issued.

The director is authorized and directed to establish rules and regulations necessary for the enforcement of the provisions of this chapter, including rules and regulations pertaining to the health, safety and well-being of animals used to draw carriages in the city of Cincinnati.

Violation of any such regulation or failure to comply with a lawful order of the director shall be reason for revocation of any license issued under authority of this chapter.

Any license as provided for in this chapter may be revoked, suspended or refused by the director for any of the following causes:

No license provided for in this chapter shall be suspended or revoked without a hearing or opportunity to be heard before the director. When the charges as to one or more of the items set forth in Section 407-127 have been sustained, the director shall notify the city treasurer of such finding and the city treasurer shall thereupon suspend or revoke the license in accordance with the decision of the director.

(C.O. 407-131; reordained as C.M.C. 407-131, eff. Jan. 1, 1972; a. Ord. No. 487-1974, eff. Dec. 20, 1974; r. Ord. No. 117-1995, eff. 5-5-95)

Any public vehicle being operated in violation of any provisions of this chapter or any amendment thereof may be impounded by the police. Any person desiring to redeem such impounded vehicle shall first pay to the city a basic charge of $10, plus $1 per day for the time the impounded vehicle is in storage, and in addition thereto shall pay for any services performed by the city in order to properly maintain said vehicle.

When any police officer of the city shall discover any vehicle operating in violation of Section 407-3, 407-97, 407-99 or 407-101, the officer shall impound the vehicle and shall arrest any person in charge thereof.

The vehicle shall remain in the possession of the city of Cincinnati until such time that the vehicle has been licensed as a public vehicle under the provisions of Chapter 407 of the Cincinnati Municipal Code or an application to license the vehicle as a public vehicle pursuant to the provisions of Chapter 407 of the Cincinnati Municipal Code has been denied.

Before obtaining the release of a vehicle impounded under this section, the owner of the vehicle shall pay those fees set forth in Section 513-7 of the Cincinnati Municipal Code for automobiles which have been impounded pursuant to the provisions of Section 513-1 of the Cincinnati Municipal Code.

No animal-drawn carriage shall be operated on the city streets with greater dimensions than:

Section 407-139 shall not apply to those carriages that have been granted permission to operate prior to the enactment of this section [June 23, 1982].

(Ordained by Ord. No. 354-1983, eff. Aug. 3, 1983; r. Ord. No. 315-1987, eff. Sept. 4, 1987)

All animals used to pull licensed animal-drawn carriages shall have medical examinations at three-month intervals by a licensed veterinarian at the expense of the public vehicle license holder. Written medical records, including records of treatment and immunizations required by the state of Ohio, shall be kept for each animal. These records shall be kept available for inspection at reasonable times upon request by the director or his designee. The medical examination shall encompass all matters which are consistent with usual and customary veterinary practice in the community for maintaining the health and well-being of animals used for the purpose of pulling animal-drawn carriages or other vehicles. Such examination shall include, but not be limited to, leg and hoof exams, dental exams, internal parasite lab report, cardiovascular exam, drug analysis at intervals sufficient to detect inhumane treatment of the animal at the discretion of the licensed veterinarian if drug abuse is suspected.

At the completion of the examination, if the veterinarian conducting the examination determines that the animal is fit for pulling a licensed animal-drawn carriage, a certificate of fitness shall be issued and filed with the director or his designee. Certificates of fitness shall be completed on forms provided by the director or his designee. This certification shall state any restrictions applicable to the animal covered by the certificate, including, but not limited to, hours of work, load limitations, temperature limitations under which the animal may work, and other matters which may affect the health and well-being of the animal.

No animal may be used to pull a licensed animal-drawn carriage for which a current certificate of fitness is not on file with the director or his designee.

The use of an animal for which a current certificate of fitness is not on file with the director or his designee to pull a licensed animal-drawn carriage shall be grounds for the revocation of all public vehicle licenses for animal-drawn vehicles held by the violator.

Whoever violates any section of this chapter for which no penalty is specifically provided shall be punished by a fine of not more than $50.

Whoever violates any provision of Section 407-3, 407-97, 40799, or 407-101, shall be punished for a first offense by a fine of not more than $500, or imprisonment for not more than six months, or both; for a second offense within three years after conviction for first offense, by a fine of not more than $500, or imprisonment for not more than six months, or both; for a third offense and each subsequent offense within three years, by a fine of not less than $500, or imprisonment for not more than six months,or both.

Whoever violates any provision of Section 407-35, 407-103, 407-105, or 407-107, shall be punished for a first offense by a fine of not more than $50; for a second offense within three years after conviction of first offense, by a fine of not more than $100, or imprisonment for not more than 10 days, or both; for a third offense and each subsequent offense within such three years, by a fine of not more than $200, or imprisonment for not more than 30 days, or both.

Upon conviction of any person for such second or subsequent offense within such three years, the court may prohibit such person from operating and driving any motor vehicle for a period of not more than one year.

Whoever violates any provision of Section 407-65, 407-67, 40769, 407-75, or 407-77, shall be punished by a fine of not more than $50.

Following a second conviction within three months after a prior conviction it shall be mandatory for the city treasurer to revoke the public vehicle license or licenses of the person so convicted.

Whoever violates any provision of Section 407-109 shall be fined not more than $100, or imprisoned not more than 30 days, or both.