HomeMy WebLinkAboutAR - 4 Drivers Review (PD)
IOWA CITY TAXICAB ADMINISTRATIVE RULE # AR - 4
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
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.
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.