ORDINANCE 7.11.

Sponsor: Ordinance Committee Public Hearing Dates:
First reading: July 15, 2024
Referred to: Ordinance Committee
Rules suspended and placed in all stages of passage:
Second reading: 08/12/24 Action: adopted as amended
Date: 08/12/24
Signed by Mayor: 08/13/24
Published: 08/21/24
Effective: 09/11/24

In the Year Two Thousand Twenty-Four An Ordinance in Relation to Updates to Chapter 30 of the Burlington Code of Ordinances to Update to the Vehicle for Hire Board Composition; Require Vehicle for Hire Operators to Accept Electronic Payment for Fares

It is hereby Ordained by the City Council of the City of Burlington as follows:

That Chapter 30, Vehicles for Hire, of the Code of Ordinances of the City of Burlington be and hereby is amended by amending Sections 30-4 and 30-22 thereof to read as follows:

30-4 Licensing Board.

(a) A vehicle for hire licensing board (board) is established, which shall be composed of five (5) members appointed by the city council with mayor presiding. The initial terms of the members shall be staggered. The first two (2) shall be appointed for a term of three (3) years, and the remaining three (3) shall be appointed for a term of two (2) years. Thereafter, all such appointments shall be for a term of three (3) years commencing the first day of July following their appointment and continuing until their successors have been appointed and qualified. In making appointments, the city council with mayor presiding should consider including members of the general public who use vehicles for hire, representatives of the vehicle for hire industry, representatives from the public safety community, and any other persons expressing an interest in serving, but they are not required to satisfy each category of representatives when making appointments. Terms of board members shall be for three (3) years. Three (3) members of the board shall constitute a quorum. In the event that a quorum of members is unavailable for good cause in the assessment of the Chair to conduct regular, monthly business of the Board, the Chair shall notify the Chair of the transportation, energy, and utilities committee of the City Council, who may appoint any member of the committee to sit on the Board as an alternative, voting member(s) to form a quorum until such time as a quorum of regular Board members is attained.

(b) – (c). As written.

30-22 Pre-agreement and disclosure on rates.

(a) As written.

(b) As written.

(c) Except as provided below, no licensee may charge a rate that has not been disclosed prior to the passenger’s entering the vehicle. Effective January 1, 2025, all vehicles for hire, including taxicabs, shall be required to accept electronic means of payment for fares through at least two major national credit card and/or debit card carriers. Upon passage and until this requirement becomes effective, vehicles for hire that do not accept such method of payment must clearly disclose the same to passengers verbally before the passenger(s) enters the vehicle and by prominent signage displayed in the vehicle and visible from the exterior. Such signage shall be of the form as determined and approved by the Vehicle for Hire Administration Office.

(d) Except as provided elsewhere in this Chapter below, no licensee may charge a rate that has not been disclosed prior to the passengers entering the vehicle.

30-23 Taxi rides.

(a) Notwithstanding Section 30-22, vehicles for hire operating as taxicabs and picking up street hails shall use a meter for setting fares, and shall charge no more than the meter rates set by the board.

(b) A driver or licensee operating as a taxicab and using a meter for determining fares shall not tamper with, alter, or connect any unauthorized device to the taximeter or make any change in the taximeter that would affect its operation.

(c) Any taximeter shall be subject to inspection by the city at any time. If any violation or any inaccuracy is discovered, the administration office shall notify the taxicab driver and/or licensee for whom the driver is operating to cease operation and shall order the vehicle out of service. The taxicab shall be kept out of service until the taximeter is repaired, the required working condition is restored, and the taximeter is resealed.

30-24 Dynamic market pricing.

(a) Licensees may utilize dynamic market or surge pricing in the city or at the airport; provided, that the licensee provides clear and visible indication that such pricing is in effect before a passenger requests a ride and includes a feature that requires riders to confirm that they understand such pricing will be applied in order for the ride request to be completed.

(b) Licensees shall establish and implement a written policy capping dynamic pricing during disasters and relevant states of emergency and shall make this policy available on its website or application.

*Material stricken out deleted.

**Material underlined added.

Ordinance Committee/HM/Ordinances 2024/ Updates to Chapter 30 of the Burlington Code of Ordinances to Update to the Vehicle for Hire Board Composition; Require Vehicle for Hire Operators to Accept Electronic Payment for Fares

August 12, 2024