Huntsville Code of Ordinances § 8-151 Definitions; methods for notice.
Sec. 8-151. - Definitions; methods for notice.
(a) Definitions. The following words, terms and phrases, when used in this division shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Affiliated driver means a driver that operates a vehicle for hire for a vehicle for hire company, including as an owner, servant, agent, employee, or independent contractor of the company.
Airport shuttle means an unmetered motor vehicle with an original seating capacity of not less than five and not more than 15, which is not operated on a fixed route and which is used to transport passengers or baggage for compensation upon the public streets to or from the Huntsville International Airport on a pre-arranged basis.
Base of operation means a certified company's fixed base of operation from which the company conducts its business and which is suitably staffed by qualified and knowledgeable representatives of the company who are available during regular business hours to accept or respond to notices and inquiries of the city in its administration and enforcement of this division and where records required to be maintained under this division are kept.
Carriage means a non-motorized vehicle drawn by horse that is used to transport passengers for compensation upon the public streets.
Certificate holder means a person that has obtained and maintains a certificate of public convenience and necessity pursuant to this division.
Certificate of public convenience and necessity or certificate means the certificate issued pursuant to a resolution of the city council, adopted in accordance with applicable provisions of this division, that authorizes the holder thereof to obtain a business license to operate or allow or cause to be operated, in conformance with the certificate and the applicable provisions of this division, an eligible livery vehicle upon the public streets for the convenience and necessity of the public.
Certified vehicle for hire company or certified company means a vehicle for hire company that has obtained and maintains a certificate of public convenience and necessity and a business license pursuant to this division.
Certified vehicle for hire or certified vehicle means those vehicles which are operating under a certificate of public convenience and necessity and have been authorized to operate in accordance with applicable provisions of this division.
Chief of police means the chief of police of the city or his/her designees or subordinates. The chief of police may designate persons assigned to the police department or other city departments as deputies or inspectors to carry out the provisions of this division to the extent allowed by law.
City business license or business license means the business license issued by the city clerk-treasurer in accordance with chapter 15 of this Code.
City chauffeur's license or chauffeur's license means a license issued by the chief of police, pursuant to subdivision III of this division, that authorizes the holder thereof to operate a certified vehicle for hire other than a transportation network vehicle.
City clerk-treasurer means the city clerk-treasurer of the city or his/her designees or subordinates.
City enforcement official or enforcement official means the persons authorized to administer and enforce the provisions of this division on behalf of the city as specified in this division.
Compensation means any money, thing of value, payment, consideration, reward, tip, donation, gratuity, or profit paid, accepted, or received in exchange for transportation of a passenger, whether paid upon solicitation, demand or contract, or voluntarily, or intended as a gratuity or donation.
Dedicated wheelchair accessible vehicle means an unmetered motor vehicle that is wheelchair accessible, with an original seating capacity of not more than 15, which is used exclusively to transport mobility-impaired passengers and their attendants, if any, for compensation upon the public streets on a pre-arranged basis.
Director of parking and public transit or director means the director of the department of parking and public transit of the city or his/her designees or subordinates. The director of parking and public transit may designate persons assigned to the department of parking and public transit as deputies or inspectors to carry out the provisions of this division to the extent allowed by the law.
Driver means an individual operating a vehicle for hire upon the public streets of the city.
Eligible livery vehicle means the following vehicles for hire that are entitled under this division to obtain and maintain a certificate of public convenience and necessity as a certified vehicle for hire:
(1) Airport shuttle;
(2) Carriage;
(3) Dedicated wheelchair accessible vehicle;
(4) Limousine;
(5) Luxury vehicle;
(6) Pedicab;
(7) Special shuttle; and
(8) Taxicab.
Inspection sticker means the numbered and dated sticker affixed to the front windshield of a vehicle for hire denoting that vehicles successful inspection and authority to operate for the time period denoted on the sticker.
Limousine means an unmetered, unmarked, stretch, luxury motor vehicle whose chassis and wheelbase have been altered by a Qualified Vehicle Modifier (QVM) program participant (or its equivalent) beyond the length of the manufacturer's original specifications, whether at the time of manufacture or after, commonly referred to as a stretch limousine, which is not operated on a fixed route and which is used in the business of transporting passengers for compensation upon the public streets on a pre-arranged basis. The term also includes vintage and classic vehicles as approved by the director of parking and public transit.
Luxury vehicle means an unmetered, unmarked motor vehicle, excluding trucks and buses, that is recognized by the industry and approved by the director of parking and public transit as a full-sized luxury passenger vehicle, including sport utility vehicles (SUVs), with a maximum original seating capacity of not less than five and not more than fifteen, which is not operated on a fixed route and which is used to transport passengers for compensation upon the public streets on a pre-arranged basis.
Operate means the transporting of a passenger for compensation upon the public streets.
Original seating capacity means a vehicle's originally designed seating capacity, inclusive of the driver and the passengers, prior to any type of customization, modification, or conversion.
Passenger means an individual other than the driver who is an occupant of a vehicle for hire; which person shall be presumed to be a passenger for compensation.
Pedicab means a non-motorized vehicle propelled by human power, having two or more wheels, with power transmitted from the pedals to the wheels by means of a belt, chain, gears, or any combination thereof, designed and constructed to carry one or more passengers that is used to transport passengers for compensation upon the public streets.
Pre-arranged basis means a written or electronically transmitted reservation made in advance of passenger boarding from a specific location for the exclusive use of an unmetered vehicle for hire by a passenger or passengers who determine the trip's points of destination and timing.
Public street means any public street, road, alley, or any other such right-of-way within the corporate limits.
Special shuttle means an unmetered motor vehicle that is a van or small minibus with an original seating capacity of not less than ten and not more than 21, which is not operated on a fixed route and which is used to transport passengers for compensation upon the public streets to or from passenger prescribed destinations, excluding the airport, on a pre-arranged basis.
Taxicab or taxi means a motor vehicle, equipped with a taximeter, that is a sedan, non-luxury sports utility vehicle (SUV), or mini-van with a distinctive color scheme, not operated on a fixed route, with a maximum original seating capacity of eight persons that is used to transport passengers for compensation upon the public streets.
Unmetered means that the vehicle is not equipped with a taximeter or is not then-currently certified and authorized as a taxi under this division.
Vehicle authorization means that a particular vehicle is authorized by the city to operate as a certified vehicle for hire.
Vehicle for hire means any motor vehicle or other vehicle of whatever name called, which is used or operated for the purpose of transporting persons upon the public streets with the intent to receive compensation for providing such transportation.
Vehicle for hire company or company means a person engaged in a business that owns, leases, or controls one or more vehicles for hire and drives or allows or causes any such vehicle to be driven upon the public streets in order to transport passengers for compensation.
Vehicle permit number or permit number means the number assigned by the city and displayed on or maintained in each vehicle, as required under this division.
Wheelchair accessible means a motor vehicle that a passenger in a wheelchair may enter and exit independently or with assistance while seated in a wheelchair that is equipped with operative features for wheelchair users that meet or exceed the requirements of section 8-243 of this division.
(b) Notice methods.
(1) Notice by city. Unless expressly provided otherwise, all written notice required to be provided by a city enforcement official under this division shall be, at the enforcement official's option, delivered personally, or sent by certified mail, return receipt requested, or by first class U.S. mail, to the last-known address the enforcement official has on file of the person to whom notice is required to be sent under the provisions of this division. Unless otherwise expressly provided for in this division, written notices shall be deemed served or received as follows: if by personal delivery, upon delivery; if by first class U.S. mail, three days after mailing; or if by certified mail, upon receipt.
(2) Notice to city enforcement official. Unless otherwise expressly provided for in this division, all written notice required to be provided to an enforcement official under this division shall be provided using any one of the methods, at the option of the person sending the notice, prescribed in subsection (b)(1) above. Unless otherwise expressly provided for in this division, written notices shall be deemed served or received as set forth in subsection (b)(1) above.
(Ord. No. 16-103, § 1, 2-11-2016)