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IOWA CITY TAXICAB ADMINISTRATIVE RULE # AR-3 Page 1
IOWA CITY TAXICAB ADMINISTRATIVE RULE # AR - 3
Administrative Rules for Approval of Metered and Network Drivers by Police Chief Date: January 2017
If there is a preponderance of evidence that the applicant has engaged in criminal activity as defined in the Iowa Code sections listed below, or a similar statute in another jurisdiction, within the specified time frames, the Police Chief or designee will determine that authorization to drive
a taxicab will be detrimental to the safety, health or welfare of residents of the city, as shown by the word “reject.” The issue is whether there is a preponderance of evidence that the act(s) occurred, regardless of whether there has been an arrest, finding of guilt, or a conviction. 1) OWI HISTORY
OWI act (defined as an act prohibited by Iowa Code Chapter 321J) within the past three (3) years - REJECT Three (3) or more OWI’s acts (defined as an act prohibited under Iowa Code Chapter 321J)within ten (10 years) – REJECT 2) PUBLIC INTOXICATION Two or more of Public Intoxication (defined as an act prohibited by Iowa Code Section123.46) within last two (2) years – REJECT 3) HISTORY OF VIOLENCE Definition: Any act prohibited under Iowa Code Chapters: - 236, Domestic Assault Abuse - 706, Conspiracy - 708, Assault - 709, Sexual Abuse - 710, Kidnapping - 711, Robbery - 712, Arson - 713, Burglary - 719, Obstructing Justice - 723, Public Disorder - 723A, Criminal Street Gangs - 724, Weapons - 726, Protection of the Family and Dependent Persons - 728, Obscenity
IOWA CITY TAXICAB ADMINISTRATIVE RULE # AR-3 Page 2
A) Except as specifically provided in Section B below, One act of violence within three (3) years – REJECT
Two acts of violence within past five (5) years – REJECT
Three or more acts of violence within the past seven (7) years – REJECT B) An act of violence as defined in any of the following specific provisions will serve as a reason for rejection, but will always be reviewed.
o o
706A, Ongoing Criminal Conduct
707, Homicide and Related Crimes
o 707A, Assisting Suicide o
o o
708.1(3), Assault with a Dangerous Weapon 708.2(c) Assault in Violation of Individual Rights 708.3, Assault while Participating in a Felony
o 708.4, Willful Injury o 708.5, Administering Harmful Substance o o
o
708.6, Intimidation with a Dangerous Weapon 708.7 (1a).2 Harassment with a simulative device 708.7 (2a) Harassment in the First Degree o
o
708.7(3a) Harassment in the Second Degree 708.8, Going Armed with Intent o o
708.9, Spring guns and traps 708A, Terrorism
o o o
708B, Biological agents, diseases 709, Sexual Abuse 709A, Contributing to the Delinquency of a Minor
o o
710, Kidnapping and Related Offenses 710A, Human Trafficking
o
o o
711, Robbery and Extortion 712, Arson 713.3, Burglary in the First Degree
o
o
713.4, Attempted Burglary in the First Degree 713.5, Burglary in the Second Degree o o
o
713.6, Attempted Burglary in the Second Degree 719.6, Assisting Prisoner to Escape 723A, Criminal Street Gangs o
o
724, Weapons 726.6, Child Endangerment o o o
728.2, Dissemination and Exhibition of Obscene Materials to Minors 728.12, Sexual Exploitation of a Minor 728.14, Commercial Film and Photographic Print Processor
Reports of
Depictions of Minors Engaged in Prohibited Sex Acts o 728.15, Telephone Dissemination of Obscene Materials to Minors o o
729A, Violation of Individual Rights-Hate Crimes Listed on a sex offender registry in Iowa or any other jurisdiction
The review will consider all relevant circumstances, such as the seriousness of the act(s) and mitigating circumstances that impact the safety, health and welfare of residents of the City.
IOWA CITY TAXICAB ADMINISTRATIVE RULE # AR-3 Page 3
4) PROPERTY CRIMES HISTORY Definition: Acts involving the taking of or damage to the property of another under Iowa Code Chapters 711, 712, 713, 714, 715A, 716 One or more acts within the prior year – REJECT
Three or more acts within the five (5) prior years – REJECT 5) TRAFFIC VIOLATIONS
Three moving violations and/or accidents within twelve (12) months are a basis to reject but will always be reviewed.
Ten or more moving violations and/or accidents within five (5) years are a basis to reject but will always be reviewed.
Three seatbelt violations within twelve (12) months is a basis to reject but will always be reviewed. The review will consider all relevant circumstances, such as the seriousness of the
act(s)
and mitigating circumstances, that impact the safety, health and welfare of residents of the City. 6) CONTROLLED SUBSTANCE Any act of possession of a controlled substance under Chapter 124 within the last one (1) year – REJECT
One act of delivery of a controlled substance under Chapter 124 within the last two
(2) years – REJECT
Two or more acts of delivery of a controlled substance under Chapter 124 within five (5) years- REJECT 7) HISTORY OF NON-COMPLIANCE WITH TAXI REGULATIONS Examples: smoking, operating taxi without a license, unsafe vehicle citations.
Two or more acts within twelve (12) months – REJECT
8) OTHER BASIS TO REJECT In addition to the specific reasons set forth above, the Chief or designee may reject an application if it is determined that the applicant’s authorization to drive a taxicab would be detrimental to the safety, health or welfare of residents of the City.
9) The application shall include the following a record of arrests / charges of
misdemeanors and/or felonies, including traffic offenses, and certified state of Iowa
criminal history and certified state of Iowa driver's record for each owner. If the
owner is not a resident of Iowa, certified criminal history of that state and certified
driver's record of that state. Above records must be not be more than 30 calendar
days old at the time of application.