HomeMy WebLinkAboutOrdinance No. 4301 - Second Reading: TransportationNetworkCompanyDriver.OrdinanceAmendment
ORDINANCE NO. ____
AN ORDINANCE AMENDING AND REENACTING SECTION
95B.01 OF THE ROCHESTER CODE OF ORDINANCES,
RELATING TO THE DEFINITION OF TRANSPORTATION
NETWORK COMPANY DRIVER.
THE COMMON COUNCIL OF THE CITY OF ROCHESTER DO ORDAIN:
Section 1. Section 95B.01 of the Rochester Code of Ordinances is hereby
amended and reenacted to read as follows:
95B.01. Definitions. Subdivision 1. As used in this chapter, the
following terms shall have the meaning ascribed to them:
A. "Active on the TNC Dispatch System” means, but is not
limited to: when the Transportation Network Company Driver
is logged onto the Transportation Network Company (TNC)
application dispatch system showing that the Transportation
Network Company Driver is available to pick up Passengers;
when a Passenger is in the vehicle; or when the
Transportation Network Company Driver has accepted a ride
request and is en route to provide transportation services to
a Passenger.
B. "Compensation" means remuneration or anything of
economic value that is provided, promised, or donated
primarily in exchange for services rendered. This includes,
but is not limited to voluntary donations, fee-sharing between
a taxicab or Transportation Network Company and a
Transportation Network Company Driver, and Passenger,
advertisement of a taxicab service company or
Transportation Network Company services.
C. “Digital Network” means any online-enabled application,
website, or system offered or used by a Transportation
Network Company that enables a Prearranged Ride with a
Transportation Network Company Driver.
D. “Licensing Official” means the City Clerk.
E. “Licensee or Transportation Network Licensee” means the
holder of, or a person that is required to hold, a TNC License
issued pursuant to this chapter.
F. “Operation of a Transportation Network Vehicle or Operating a
Transportation Network Vehicle” means offering, making
available, or using a Transportation Network Vehicle to
provide a Transportation Network Service, including any time
when a Transportation Network Company Driver is logged
onto the TNC’s internet-enabled application or digital
platform showing that the Transportation Network Company
Driver is available to pick up passengers; when a Passenger
is in the vehicle; when the TNC’s records show that the
vehicle is en route; or when the Transportation Network
Company Driver has accepted a Prearranged Ride and is in
route to provide a Transportation Network Service to a
Passenger.
G. “Passenger” means an individual being transported for
compensation in a Personal Vehicle.
H. “Personal Vehicle” means a vehicle that is used by a
Transportation Network Company Driver and is:
(1) Owned, leased, or otherwise authorized for use by the
driver; and
(2) Not a taxicab, limousine, or similar for-hire vehicle.
I. “Prearranged Ride” means transportation provided by a
Transportation Network Company Driver to a Transportation
Network Company Rider, beginning at the time a Driver
accepts a ride requested by a Rider through a Digital Network
controlled by a Transportation Network Company and ending
at the time the last requesting Rider departs from the Driver's
Personal Vehicle. The term does not include:
(1) A shared expense carpool or vanpool arrangement or
service; or
(2) Transportation provided using a taxicab, limousine, or
similar for-hire vehicle.
J. “Rideshare” means the traveling of two or more persons by
any mode of private passenger vehicle, including, but not
limited to, carpooling, vanpooling, or bus pooling to any
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location incidental to another purpose of the driver for which
compensation is neither accepted, collected, encouraged,
promoted, or requested, and for which the primary purpose
of the driver cannot be profit or revenue based.
K. “Solicit,” for purposes of this chapter, means an appeal by
words or gestures for immediate patronage of a Transportation
Network Vehicle by a Transportation Network Driver upon the
public way attempting to direct people to a Transportation
Network Vehicle that is parked, stopped, standing or moving
upon the public way.
L. “TNC” means a Transportation Network Company.
M. “TNC License” means a license issued to a Transportation
Network Company pursuant to this chapter.
N. “Transportation Network Company” means a corporation,
partnership, sole proprietorship, or other entity operating in this
state that uses a Digital Network to connect a Transportation
Network Company Rider to a Transportation Network
Company Driver for a Prearranged Ride. A Transportation
Network Company shall not be deemed to control, direct or
manage the Personal Vehicles or Transportation Network
Company Drivers that connect to its Digital Network, except
where agreed to by written contract. The term does not include
an entity arranging nonemergency medical transportation
under a contract with the state or a managed care
organization for individuals qualifying for Medicaid or
Medicare.
O. “Transportation Network Company Driver” means a for-hire
driver affiliated with and accepting trips requested through
the internet-based transportation application system of a
licensed Transportation Network Company, while operating
a personal, TNC endorsed vehicle. A TNC endorsed driver
is someone who has been screened and approved by a
Licensee, and who:
(1) Receives connections to potential Transportation
Network Company Riders and related services from a
Transportation Network Company in exchange for
payment of a fee to the company; and
(2) Uses a Personal Vehicle to offer or provide a
Prearranged Ride to a Transportation Network
3
Company Rider on connection with the rider through a
Digital Network controlled by the Transportation
Network Company in exchange for compensation or
payment of a fee.
P. “Transportation Network Company Representative” means the
person that a Transportation Network Company has
authorized to:
(1) File applications, with the Licensing Official on behalf
of the TNC;
(2) Receive and accept all correspondence and notices
from the city pertaining to the TNC; and (3) forward
any correspondence, notices and/or legal process
received by the TNC and intended for a TNC
endorsed driver of the TNC.
Q. “Transportation Network Company Rider” means a Passenger
who uses a Transportation Network Company’s Digital
Network to connect with a Transportation Network Company
Driver who provides a Prearranged Ride to the individual in
the driver's Personal Vehicle between points chosen by the
individual.
R. “Transportation Network Company Vehicle” means a vehicle
that is used by a Transportation Network Company Driver and
is:
(1) Owned, leased, or otherwise authorized for use by the
Transportation Network Company Driver; and
(2) Not a taxicab, limousine, or for hire vehicle while the
vehicle is operating as a Transportation Network
Company Vehicle.
S. “Transportation Network Service” means a Prearranged Ride
offered or provided for compensation using an internet-
enabled application or digital platform to connect potential
Passengers with Transportation Network Drivers. The term
Transportation Network Service does not include a
ridesharing arrangement as that term is defined in Minn.
Stat. §169.011 subd. 65.
Section 2. This ordinance is effective as of the date of its publication.
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PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS _____ DAY OF ________________, 2017.
___________________________________
PRESIDENT OF SAID COMMON COUNCIL
ATTEST: ____________________
CITY CLERK
APPROVED THIS _____ DAY OF ___________________, 2017.
___________________________________
MAYOR OF SAID CITY
(Seal of the City of
Rochester, Minnesota)
Ord15/95B.01
5
H, "Personal Vehicle" i
means a vehicle that Is
fORDI N E +ME used b a Transportation AN ORDINANCE AMEND- y p 1
ING AND REENACTING Network company Driver
SECTION 95B.01 OF THE and Is:
ROCHESTER CODE OF (1)Owned,leased,or cath- ,
C RDINANCES, RELAT. orwise authorized for use
ING TO THE DEFINITION b the driver;and
OF TRANSPORTATION AFFIDAVIT F PUBLICATIONt ) Not a taxicab, llmve.
NETWORK COMPANY stile;or slnnlfar for-hire va• �
DRIVER, h161a',
THE COMMON COUNCIL Minnesota, + 1 I, "Prearranged Ride'°
OF THE CITY OF ROCII- State of IwlinnesotaCounty of Olmsted means transporiallon pro-
ESTER CSO ORDAIN, ' vidod by a 'ransportation
Section 1. Section 9513.01 i Network Company Driver
of the Rochester Cade Site Lovejoy, to a Transportation Net-
of ordinances is hereby y, being duly sworn, on oath that she is the publisher or authorized worts Company Rider, be-
r i
ginning and reenacted to � agent and employee of the publisher of the newspaper known as the Post-� acGe�P saetlyd�e requested
road as follows: by a Ritter through a Di l
gs.o1. Definhions, sura• Bulletin, and has full knowledge of the facts which are stated below. tel Network
ccarnlrouad Eby
thidivs chapter,1. he used in owing a Transportation Network
terms shllaveethelinaan-- Company and ending at
Ing ascribed to there. (A) The newspaper has complied with all the requirements constituting the time the last request-
A. on the rare Dis ualifications�as a le al news a er, as rovided b M'inneso�ta Statute DriIngver's
Rider departs from the
etch System'" means, ' � � P p P y Delvers Parsonat Vehicle,
dt is not limited to: when I 331A.02, 331A.07 and other applicable laws,, as amended. The term does not Includw
the Transportation Net- (1)A shared expense carve
pool or vanpool arrange-
logged
Company Driver is moat or sanxloa;or logged onto the Transpor- i (P,) The printed notice (mnranservic ;Transportation provided
l
tation Network Cas p tc using a taxicab,limousine,
a ste appricaki g that the
or similar for-hire vehicle,
system showing that that Which is attached was cut from the columns of.said newspaper, and was J. "lideshare" means the
Transpotlatdon Networktraveling at two or more
Ccampanv 6river is avail- printed and published 9 time(s); it was printed and published on the following persons lay any mode of
able"to'pick up Passen- pprivate passenger vehicle,
gers;when a Passenger is 1 dates, Including, but not limited
in the vehicle;or when the � �� � �� r �1 to, cat outing, vanpooling,
Transporfallon Network or bits pooling to any loca-
Company Driver has ac- tion 'Incldentat to another
ceptod a ddo request and purpose of the driver for
Is en route to provide trans- which compensation is nei-
portation services to a Pas- that accepted, collected„
senager. Printed below is a copy of the lower case alphabet from a to z, both inclusive, encouraged, promoted, or
B, "Compensation"" means requested, and for wh�ch
remuneration or anything which is hereby acknowledged as being the size and kind of type used in the the primary purpose of the
of economic value t at is composition and publication Of the notice: driver cannot be profit or
provided,promised,or do- p P revenue based,
nated primarily in exchange K."Solicit,"for purposes of
for services rendered. This ahcdefgHjklmnopgrstuvwxyz this chapter„means an ap-
includes, but Is not Limited peal by words or gestures
to voluntary donations,fee- POST-B LLBTIN COMPANY L.L,C. forirmmedlato patronageof
or TragnsporrttationaNetwork BY a Transportatlrsn Network
Transportation z c...-
Vehicle by a Transports-
or
and'a Transpor tion Network Driver upon
tation atwork Company the public way attempting
Driver, and Passenger, TITLE: Media Sales Manager to direct people to a Trans-
advertisement of a taxicab pportation Network Vehicle
service company or Trans- that is parked, stopped,
partation;Network Compa d vJEAN 1Sd ITS standin� or moving upon
Subscribed an sworn to me on
ny services. . the ppublic way.
C,"Digital Network"means
This \Ct d � of �L 20y NOTARY PUBLIC-MINNESOTA means a Trans
-
any onfirra-onabled ap pportation Network Com
oosrfu rMy^pnlft,Exp,JaFt1,tl U
ffe e�tsV NC License"means aJ&
Transportation Nkw�k license ed to a Trans
Company that enables a Nkat ry Publicodation
Prearranged Ride with a RATE INFORMATIONpatwor Company pursue
Transportation Network ant to iters chapter.
Company Driver. N "T"ransportation Network
D, 'Licensing Official" 1') Lowest classified rate paid by commercial user $21.95 Company„ moms a cor-
means the City Clark. For comparable space (per inch/per day/displayrate poration, paranership, sale
E. "Licensee or Transpor- p P (p p ) �ropdotorship,or otth-ier en-
action Network Licensee'" tity operating In this state
means the holder of, or a that uses a Dfgitail Network
arson that Is required to 2) Publication Fee $325.24 to connect a Transportation
old, a TNC License ls- Network Corn any Alder to
sued pursuant to this chap- a Transportatlon Network
ter, Compaaw Dr,Ivpr for a Pre
F. "Opperation of a Trans- Ad#209017:ORDINANCE NUJ.4301 AN ORDINANCE AMEN arrange Rldo. A Trans
por�lalion Network Vehicle pension Network Com-
of Operating a Transor- pany shall not be deemed
tation Network Vehrla" to control, direct or reran-
means offering, making age the Personal Vehicles
available,or usin a Trans- or Transportation Network
fortation Networ Vehicle Company Drivers that con-
o provide a Trans ortation nect to Nis Digital Network,
Network service„including except where agreed to by
any time whena Transpor- written contract. The teen
tatron Network Company dues not Include an entity
Driver Is tagged onto the arranging nonemorgen-
TNC's Internet-enabled ap- cy medical transportation
pitcalion or digital platform under a contract with the
show
in that the Transpor- state or a managed care
tation Network Company organization for individuats
Driver Is available to pick qualifying for Niadicatd or
up passengers; when a Medicare.
Passenger Is in the vehicle;
when the TNC:'s records
show that the vehicle is an
rotate; or when the Trans-
portation Network Corn-
parry Driver has accepted
a Prearranged Ride and Is
in route to provide a Trans-
portation Network Service
to a Passenger,
G.-"Passenger" means an i
Individual being transport-
ed"for compensation in a
Personal Vehicle,
O. "Transportation Net-
work company Driver" and related,seMcns from a
means a for•hiro driver at- Transportation Network
filleted with and aicce1)�ling Company in exchange for
trips,requesled lhrougg the paylrmont of so fee to lila
Intornol•besed transports camraany;and
lotion application ROOM (2) Uses a Personal Ve-
of at licensed `i ransporta- imicle to offer or provide
lion; Network Conaparmy, a preaarao ed Rids to a
while operating a parson- Transportai on Network )
at, TNC endorsed vehicle, Company Rider on connec• i
A INC endorsed drivel is lion wilh the rider through a
someone who has been digital Network controlled
screened and approved by by the Transportation
a licensee,and who i�letwork Company In ex-
(f),Receives; conneotlorms change for compensation
to potential Transpertatlon or payment of a fee.
Network Commnarry Riders P. "Transportation Net-
work Company Represen- "
tative" means the person
that a Transportation Net-
work Company has autho-
dimrt to:
(1) Pile applications;'with
the Llcenslng Official on j
behalf of the a"NG;
(2) Receive and accept all
correspondence and notic-
es from the city pertaining
to the TING;and(3)forward
any corresondence,notic-
es and/or festal process ra-
calved by the TNG and in�
landed for a'TNC endorsed f
driver of the TNG.
0."Transportation Network I
Company Rider" means
a Passenger who uses a
Transportation Network
Cori)pany"s Digital
Network to connect with
a Transportation Network
Company Driver whona-
vides a Prearranged fide
to the individual in the driv-
er's Personal Vehicle be-
tween points chosen by the
individual.
R;`"Transportation Network
Com any Vehicle'" means
e vahlcie that Is used by
a Transportation Network
Company Driver and is:
(1)Owned;leased,or oth-
olwnise authorized for use
by time Transportation Net
work Company driver;and
(2) Not a taxlrab, finmou-
sine, or for hire vehicle
while the vehicle Is Oper-
ating as a -transportation
Network Company'Vehtcle.
S. "Transportation Net-
work Servlce'" means a
Prearranged Ride offered
or provided for compensa-
tion using an Internet-on-
dbled appr�lication or digital
platform#o connectp,poten-
flat Passengers with Trans-
f�ortallon Network Drivers.
f'he terra Transportation
Network Service does not
Include d ridesharing ar-
ranggoment as that term
is defined' in (Minn, Stat.
169,011 sand,65,
ection 2, This ordinance
is effective as of the date of
Its publication,
ELD�S BY THE COMMONED AND
COUNCIL OF THE CITY
OF ROCHESTER,MINNE-
OTA,TRIS 15th DAY OF
MAY,2017.
Js!Randyy Staver 1
PRESIDENT Randa
SAID
COJIAMON COUNCIL
ATTEST:
/s/Anlssa Hollingshead
CITY CLERIC
APPROVED THIS 171h
DAY OF MAY,2017.
PS!Ardeil F.Brede
MAYOR
Seal of time Clty of
Rochester,Minnesota "
__... fPirri9l