Every vehicle used for the conveyance of household furniture from place to place for hire, shall be completely enclosed and be deemed a public moving van within the meaning of this article.

(Code 1958, § 3-1301; Ord. No. 267, § 1, 9-27-65)

(a)

No person shall keep for hire any public moving van without a license therefor.

(b)

The city council may grant licenses to any person engaged in the public moving van business and shall by resolution set the fee therefor. Upon the approval of the license and the payment of the fee, the city clerk shall deliver to the licensee a license plate for each vehicle for which an application has been granted. All licenses shall expire on December 31st of the year of issuance. Licenses to engage in the public moving van business shall not be transferred.

(Code 1958, § 3-1302; Ord. No. 267, § 1, 9-27-65)

Cross reference— Licenses generally, Ch. 7, Art. II.

Any person whose principal place of business is in a neighboring municipality which does not require the payment of fees by Madison Heights movers engaging in local public moving business in such municipality, and who is licensed by such municipality, shall not be required to obtain a license under this article.

(Code 1958, § 3-1302; Ord. No. 267, § 1, 9-27-65)

Every person licensed under this article shall cause a numbered plate to be posted in a conspicuous place upon the moving van.

(Code 1958, § 3-1303; Ord. No. 267, § 1, 9-27-65)

On Monday of each week the owner of each moving van licensed under this article used to move household goods within the city, or to or from the city during the previous week, shall file with the chief of police a statement showing the name of each person moved, the place from and the place to which the furniture was moved.

(Code 1958, § 3-1304; Ord. No. 267, § 1, 9-27-65)

Cross reference— Police department, Ch. 20, Art. II.

No license shall be issued under this article or continued in operation unless there is in full force and effect:

(1)

An indemnity bond or liability insurance policy for each vehicle authorized in the amount of not less than $10,000.00 because of bodily injury to or death of one person in any one accident, and, subject to said limit for one person not less than $20,000.00 because of bodily injury to or death of two or more persons in any one accident, and not less than $5,000.00 because of injury to or destruction of property of others in an accident. Said bond or insurance shall insure to the benefit of any person who shall be injured or who shall sustain damage to property proximately caused by the negligence of a license holder, his servants or agents.

(2)

An indemnity bond or insurance policy for each vehicle authorized in the amount of not less than $5,000.00 insuring cargo carried by such vehicles against damage or destruction.

Such bonds or insurance policies shall be filed in the office of the city clerk. Any such bond shall have as surety thereon a surety company authorized to do business in the state, and any such insurance policy must have been issued by an insurance company authorized to do business in the state. Such bonds or policies of insurance shall provide for a minimum of ten days notification to the city prior to any cancellation thereof.

(Code 1958, § 3-1305; Ord. No. 267, § 1, 9-27-65)

The following words and phrases when used in this article shall have the meanings respectively ascribed to them:

Rental shall mean the exchange of any property, remuneration, compensation or reward for the use of any trailer.

Trailer shall mean any vehicle or conveyance designed to be pulled or drawn by another vehicle or conveyance, and shall not include farm wagons and other farm equipment.

Trailer renter shall mean any person engaged in the business of rental of trailers.

(Code 1958, § 3-702; Ord. No. 167, § 1, 1-8-62)

It shall be unlawful for any person to engage in the business of renting or offering to rent trailers in the city, without first having obtained a license to do so.

(Code 1958, § 3-701; Ord. No. 167, § 1, 1-8-62)

Cross reference— Licenses generally, Ch. 7, Art. II.

(a)

Written application for a license required by section 28-102 shall be made to the city clerk on forms to be furnished by him. Such application shall contain the following information:

The full name, address and age of each person, member of a firm, or officer of a corporation, which intends to hold himself or itself out as a trailer renter, the location at which the business is to be conducted, the number of trailers and the size or capacity of each trailer to be offered for rental and such other information as may be necessary to make a proper investigation of said application.

(b)

Such application shall be accompanied by a fully paid policy of public liability and property damage insurance, which shall be in an amount not less than $10,000.00/$20,000.00 public liability and $10,000.00 property damage for each trailer. No license shall be valid in the event of the cancellation of such policy.

(c)

The application shall, likewise, be accompanied by an annual license fee in an amount specified by council resolution.

(d)

Such application shall designate an area where such rental trailers are to be stored or housed; and in event where such trailer rental business shall be located on the same premises as another business such trailer rental spaces shall be in addition to the spaces required by this Code for parking and setback areas for such other business.

(e)

Upon receipt of such written application, the city clerk shall refer the same, together with the application, to the city council; thereupon the city council may issue such license.

(Code 1958, § 3-703; Ord. No. 167, § 1, 1-8-62)

Any trailer renter, before offering a trailer for rental, shall display on each side of every trailer offered or to be offered for rental, the name and address of the trailer renter in letters not less than three inches in height and not less than one inch in width.

(Code 1958, § 3-705; Ord. No. 167, § 1, 1-8-62)

It shall be the duty of the trailer renter to obtain a statement from the person renting any trailer containing the signature, name and address of the person renting such trailer and such information shall be kept on file for a period of at least one year by the trailer renter in chronological order and there shall be indicated on such statement the date and time the trailer was taken and returned.

(Code 1958, § 3-706; Ord. No. 167, § 1, 1-8-62)

Nothing in this article shall be construed to prohibit any taxicab licensed by a community other than this city, from coming into the city to discharge passengers accepted for transportation outside the city. While said vehicle is in the city, no roof light or special light shall be used to indicate that the vehicle is vacant or subject to hire, and a white card bearing the words "NOT FOR HIRE" printed in black letters not less than two inches in height shall be prominently displayed at the right front corner of the windshield of the vehicle, in such a manner as not to obscure the vision of the driver. No person shall be solicited by the driver of, or accepted on, said vehicle for transportation to any place from within the city. Provided that the above shall not operate to prevent the taking of passengers for hire by such taxicabs when they respond to telephone requests from persons within the city limits, when such taxicabs are licensed in communities which recognize the reciprocal rights of taxicabs licensed in this city to so operate in their communities.

(Code 1958, § 3-319; Ord. No. 201, § 1, 4-23-62)

The chief of police is hereby empowered, subject to the approval by the council, to make such rules and regulations regarding the dress and conduct of drivers, the maintenance and marking of taxicabs, the location and maintaining of taxicab stands, as may be necessary in the interest of providing safe and orderly service to passengers, and no person shall fail to comply with any such rule or regulation. The chief of police may require periodic reports to be submitted by drivers in order to assist in the enforcement of such rules and regulations or the provisions of this article. The chief of police shall from time to time designate portions of the streets of the city to be used as taxicab stands.

(Code 1958, § 3-317)

Cross reference— Police department, Ch. 20, Art. II.

The rates and charges for the use of taxicabs shall be determined by resolution of the council after a hearing at a regular meeting. Each taxicab licensee shall be notified by mail, at least five days prior to such hearing, of the time and place thereof. A schedule of rates and charges shall be on file in the office of the city clerk open to public inspection. The schedule of rates shall be conspicuously posted in each taxicab, illuminated at night, in such manner as to be readily visible to any passenger.

(Code 1958, § 3-308)

No driver or owner of a taxicab shall refuse or neglect to convey any orderly person or persons upon request by signal or telephone call, unless the taxicab is previously engaged. When a taxicab has been engaged by a passenger, no additional passengers shall be received therein except with the express consent of the first passenger. No person other than passengers for hire, except employees or members of the immediate family of any person licensed under this article to engage in the business of operating a taxicab, shall be transported therein.

(Code 1958, § 3-315)

No person shall engage in the business of operating directly or indirectly, any taxicab in the city without first procuring a license for each taxicab. No license shall be issued unless the chief of police and the council approve the same. The chief of police shall indicate his approval in writing upon the face of the application.

(Code 1958, § 3-301)

The fee for each taxicab license shall be the sum specified by resolution of city council.

(Code 1958, § 3.302)

Before any license is issued under this article, the applicant therefor, shall furnish one or more policies of insurance, prepaid for at least the period of the license, issued by insurance companies, registered to do business providing indemnity for the insured in the amounts specified in the fee schedule and agreeing to pay, within the limits of said amounts on behalf of the insured, all sums which the insured shall become obliged to pay by reason of the liability imposed upon the insured by law, for damages because of bodily injury, including death, at any time resulting therefrom or for damages to property, or both, sustained by any person other than the employees of the insured and caused by accident and arising out of the ownership, maintenance or use of said licensed taxicab.

(Code 1958, § 3-303)

Every insurance policy or bond issued pursuant to section 28-28 shall contain a clause obligating the insurer to give the city clerk, by registered mail, at least ten days written notice before the cancellation, expiration lapse or other termination of such insurance.

(Code 1958, § 3-304)

The council may limit the number of taxicab licenses that may be issued in accordance with the population and need of the city.

(Code 1958, § 3-318)

Upon issuance of any taxicab license, the city clerk shall furnish to the licensee a license plate for each licensed vehicle. Such plate shall be affixed to the vehicle.

(Code 1958, § 3-305)

No taxicab license shall be transferred without the approval by resolution, of the council and any transfer contravening this provision shall be void.

(Code 1958, § 3-306)

Unless permission to discontinue the operation of any taxicab for any specified period of time for good cause has been previously granted, the city manager shall terminate and revoke any taxicab license whenever the vehicle for which such license was issued has not been operated as a taxicab for more than 30 days continuously.

(Code 1958, § 3-307)

Upon application made to the council, the council may from time to time issue a special taxicab license and impose therein such restrictions, remedies and conditions under which the holder of such special license may operate their taxicab within the city.

(Code 1958, § 3-320; Ord. No. 422, § 1, 7-30-70)

The holder of any special taxicab license issued pursuant to section 28-34 shall be subject to all of the provisions contained in this article and, in addition thereto, shall be required to comply with such restrictions, remedies and prohibitions as are set forth by council in its issue of the special taxicab license.

(Code 1958, § 3-321; Ord. No. 422, § 1, 7-30-70)

No person shall drive a taxicab unless he first procures a taxicab driver's permit. No permit shall be granted without the approval of the chief of police or his designate, who shall signify such approval in writing upon the face of the application. The application shall be accompanied by four photographs of the applicant in the form and manner prescribed by the chief of police. The chief of police shall cause the applicant's criminal history record to be placed on file. The fee for a driver's permit shall be specified by council resolution.

(Code 1958, § 3-309; Ord. No. 712, § 1, 9-12-83)

Editor's note— Section 28-43, pertaining to the physical exam required for a taxicab driver's permit and the cost to the applicant, and derived from Code 1958, § 3-311, was repealed by § 2 of Ord. No. 712, enacted Sept. 12, 1983.

The permit issued to a taxicab driver shall be conspicuously displayed on the inside of the taxicab, illuminated at night, in such manner as to be readily visible to any passenger.

(Code 1958, § 3-310)

No person having a taxicab driver's permit shall allow any other person to use such permit for any purpose. No person shall use or have in his possession while operating a taxicab in the city, any taxicab driver's permit which has been issued to any other person.

(Code 1958, § 3-312)

No driver of a taxicab shall cruise in search of passengers at any time, and whenever a taxicab is not engaged by a customer, the driver shall proceed at once by the most direct route to the garage where the taxicab is housed or to the taxicab stand customarily occupied by such taxicab.

(Code 1958, § 3-314)

No taxicab driver shall drink any intoxicating beverage while on duty.

(Code 1958, § 3-316)

Every driver of a taxicab shall search the interior of such taxicab at the termination of each trip, for any articles which may have been left in such taxicab by a passenger. Any articles found therein shall immediately be returned to the passenger owning it, if he be known, otherwise it shall be deposited with the owner of the taxicab at the conclusion of the driver's tour of duty. A report of the finding of such article shall be made by the owner of the taxicab within 24 hours thereafter to the chief of police.

(Code 1958, § 3-313)

For the purpose of this article, motorcycle is defined as every motor vehicle designed to travel on not more than three wheels in contact with the ground and includes motor scooters and bicycles with motor attached.

(Code 1958, § 3-1500; Ord. No. 289, § 1, 9-13-66)

It shall be unlawful to engage in the business of renting motorcycles within 500 feet of any residential building. This requirement may be waived if the applicant for a license secures in writing the consent of 80 percent of the persons residing or doing business on property within 500 feet of the applicant's proposed location.

(Code 1958, § 3-1502; Ord. No. 289, § 1, 9-13-66)

Cross reference— Zoning ordinance, App. A.

Licensees under this article shall:

(1)

Maintain precise records of motorcycle rental indicating the name of the person to whom the rental was made, his address, the registered motor number of the vehicle rented or leased, together with other identifying data, the parent's or guardian's written approval of a minor's application and his agreement to be responsible for the action of such minor in the use of the vehicle, the date and hour of the rental and the time of its return to the possession of the licensee;

(2)

Not rent to anyone under 18 years of age until receipt of an acknowledgment in writing, signed by either parent of the applicant or the applicant's legal guardian, in the presence of and witnessed by the licensee or his duly authorized agent, to the effect that permission is granted for the applicant to use the motorcycle and that such parent or guardian assumes full responsibility for all acts or actions of the applicant in the use of the motorcycle so rented or leased;

(3)

Rent motorcycles only to persons who have and can show a valid motor vehicle operator's license with a motorcycle endorsement;

(4)

Rent a motorcycle only if the driver and his passengers are wearing safety helmets that have been approved by the police department;

(5)

Maintain all motorcycles in a safe manner and provide each with all equipment required by law;

(6)

Keep all motorcycles when not in use stored within a building structure;

(7)

Operate the business between the hours of 8:00 a.m. and 8:00 p.m.; there shall be no rental or the returning of motorcycles between the hours of 8:00 p.m. and 8:00 a.m.;

(8)

Purchase a policy of insurance for every motorcycle owned, rented or kept on the premises; the policy shall have a minimum coverage of $10,000.00 for only one person injured and $20,000.00 for two or more persons injured as the result of any one occurrence or accident;

(9)

Have only the number of motorcycles on the premises as provided for in his application;

(10)

Not repair, maintain or store a motorcycle in the city except in a completely enclosed building;

(11)

Not operate a motorcycle so as to create a noise which registers in excess of 95 decibels on either A, B or C scale as used by the physical testing laboratories in the United States.

(Code 1958, § 3-1505; Ord. No. 289, § 1, 9-13-66)

State Law reference— Dealers to lease motorcycles to persons with license to operate motorcycles only, MSA 9.1951(2); motorcycle endorsement on operator's license, MSA 9.2012(1). See also, Uniform Traffic Code § 6.24.

It shall be unlawful to engage in the business of renting motorcycles without first obtaining a license therefor from the city clerk as provided in this article.

(Code 1958, § 3-1501; Ord. No. 289, § 1, 9-13-66)

An applicant for a license under this article shall be 18 years of age and shall possess a license as provided for in section 29 of Act 300 of the Public Acts of 1949 of the State of Michigan, MSA 9.1825.

(Code 1958, § 3-1503; Ord. No. 289, § 1, 9-13-66)

Application for a license under this article shall be made on forms provided by the city clerk and shall contain the following:

(1)

If an individual, the name and address of the individual;

(2)

If a partnership, the name, residence and business address of each partner;

(3)

If a corporation, the name, date and state under whose laws such corporation was organized, and if a foreign corporation, whether authorized to do business in the state; the names of the principal officers, directors and local representatives, their residences and business addresses;

(4)

The location where the business of renting motorcycles will be conducted, and the number of motorcycles that will be maintained on the premises for rental purposes;

(5)

A plot plan of the premises to be used in the conduct of the business upon which shall be indicated the location and size of all building structures to be used thereon, and all vacant portions of the site together with means of ingress and egress.

(Code 1958, § 3-1504; Ord. No. 289, § 1, 9-13-66)

The license fee for a license issued under this article shall be specified by council resolution.

(Code 1958, § 3-1506; Ord. No. 289, § 1, 9-13-66)