§ 76-32. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Bicycle means any device upon which a person may ride, which is propelled by human power through a system of belts, chains, or gears, and may include an electric assist motor, and has wheels at least 16 inches in diameter and a frame size of at least 13 inches.

Charitable non-profit transportation vehicle means a vehicle for hire that is used by a local charitable non-profit transportation organization affiliated with a state or national non-profit charitable organization to solely transport persons who are 65 years of age or older or visually impaired and their required personal care attendants or family members.

Cruising means a method of soliciting passengers for hire by continuous or repeated operation of any taxicab or other vehicle along a street or other public way for the purpose of obtaining or picking up passengers.

Darkness means any time from one-half hour after sunset to one-half hour before sunrise and any time when visibility is not sufficient to render clearly discernible any person or vehicle on the highway at a distance of 1,000 feet.

Department means the neighborhoods and housing services department of the city.

Digital network means any online-enabled technology application, website, or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers.

Director means the director of the neighborhoods and housing services department or an authorized representative.

Driver's certificate means evidence of authorization to operate vehicles in the services authorized under this article.

Group riding means an arrangement between individuals whereby they pool their private transportation resources, either by using the personal automobile of one member of the group with the others contributing to the cost of operating such automobile, or by rotating the use of their personal automobiles with joint contributions to the cost by the other members of the group, or when any employer provides transportation for his employees, and for none other, for a charge. The term "group riding" shall not be deemed to include the operation of a taxicab, jitney or other vehicles for hire, or the commercial transportation of persons by public or private conveyances, whether on regular routes or special trips, between different localities or otherwise; and all such taxicab, jitney or other vehicles for hire shall continue to be subject to the existing ordinances applicable thereto.

Jitney means any automobile, motor bus or other self-propelled or human propelled vehicle not regulated by any local, state or federal authority which is run, driven or operated upon or along any street, between definite or substantially fixed points or terminals or along a definite or substantially fixed route, whether entirely within the city or partly within and partly without the city, and carrying passengers for compensation, or furnishing passengers transportation for compensation upon or along the streets, from, to and between definite or substantially fixed localities or districts, whether such compensation is payable per trip, weekly, periodically or otherwise, directly or indirectly.

Judgment means a final judgment by a court of competent jurisdiction of any state or of the United States, upon a claim for relief for damages, including damages for care and loss of services because of bodily injury to or death of any persons, or for damages because of injury to or destruction of property, including the loss of use thereof, or upon a claim for relief on any agreement or settlement for such damages arising out of the ownership, maintenance or use of any and all motor vehicles operated pursuant to a vehicle permit issued by the city.

Livery company means an individual, firm, corporation, association, partnership, or cooperative that owns, controls and operates a livery service utilizing livery vehicles that have vehicle permits.

Livery vehicle means a public six-passenger or less motor vehicle with driver included, for hire only by written agreement or electronic agreement for exclusive use where the driver expects to receive compensation in the form of a fixed charge or donation.

Motor bus means a motor vehicle designed and constructed for the general transportation of passengers for hire and possessing a manufacturer's rated seating capacity for ten or more passengers.

Multi-passenger human powered vehicle means a pedicab that is pedal driven by the passengers while the steering and braking is controlled by the driver.

Pedicab means a bicycle which is made of a solid frame that has three or more wheels, that transports or is capable of transporting passengers on seats attached to the bicycle, that is operated by human power, and that is used for transporting passengers for hire.

Person means an individual, firm, corporation, association, partnership, or cooperative unless the context requires a contrary interpretation.

Permit holder means the person to whom a permit has been issued.

Prearranged ride means the provision of transportation by a TNC driver to a rider, beginning when a TNC driver accepts a ride requested by a rider through a digital network controlled by a transportation network company, continuing while the TNC driver transports a requesting rider, and ending when the last requesting rider departs from the TNC vehicle. A prearranged ride shall not include:

(1)

Transportation provided using a taxi, limousine, or other for-hire vehicle under RSMo chapter 390; or

(2)

A shared expense carpool or vanpool arrangement or service.

Public way means any street and any public or private driveway or parking area open to the public.

Radio dispatch means a two-way radio system including cellular or wireless telephones capable of handling voice and/or data communications for the purpose of dispatching vehicles and receiving calls from the drivers of such vehicles.

Rate card means a card issued by the director for display in each taxicab, which contains the rate of fare then in force.

Shared ride means a nonexclusive use of a taxicab by two or more unrelated passengers having either a common point of origin or a common destination point, but traveling in the same general direction.

Sightseeing company means an individual, firm, corporation, association, partnership, or cooperative that owns, controls and operates a sightseeing service utilizing sightseeing vehicles that have vehicle permits.

Sightseeing vehicle means a public passenger vehicle with driver furnished, for hire on regularly routed sightseeing tours, at a charge or fare per passenger or per hour fixed by agreement in advance, provided further that such sightseeing vehicles are:

(1)

Not to be used for point-to-point transportation of passengers or goods;

(2)

To be returned to a regular place of garage or point of origin of the regularly scheduled tour between hires; and

(3)

Not to cruise in search of patronage.

Software means the object code versions of any applications, programs, operating system software, computer software languages, utilities, other computer programs and related documentation in whatever form or media, including the tangible media upon which such applications, programs, operating system software, computer software languages, utilities, other computer programs and related documentation are recorded or printed, together with all corrections.

Taxicab means a public passenger motor vehicle with a passenger carrying capacity of six or less with driver, furnished for hire on a call or demand basis to transport persons, packages or messages, where the route traveled and trip destination are controlled by the passenger, and at a charge or fare based upon time and mileage and recorded and indicated on a taximeter.

Taxicab company means an individual, firm, corporation, association, partnership, or cooperative that owns, controls and operates a taxicab service utilizing taxicab vehicle permits of which it is the holder.

Taximeter means a meter instrument or electronic device attached to a taxicab, which measures the distance driven and the waiting time upon which the fare is based, calculated and regulated by ordinance and displayed in full view of the customer.

Taxicab stand means a place designated only for taxicabs to await passenger pick up where the driver must remain with the vehicle at all times.

Taxicab vehicle/livery vehicle zone means a place designated only for taxicabs or a place designated only for livery vehicles to await passenger pick-up or to receive calls for service.

Transportation network company or TNC means a corporation, partnership, sole proprietorship, or other entity that is licensed pursuant to this chapter, that uses a digital network to connect TNC riders to TNC drivers who provide prearranged rides. A TNC shall not be deemed to own, control, direct, operate, or manage the TNC vehicles or TNC drivers that connect to its digital network, except where agreed to by written contract.

Transportation network company (TNC) driver or driver means an individual who:

(1)

Receives connections to potential riders from a transportation network company in exchange for payment of a fee to the transportation network company; and

(2)

Uses a TNC vehicle to offer or provide a prearranged ride to riders upon connection through a digital network controlled by a transportation network company in return for compensation.

Transportation network company (TNC) rider or rider means an individual or persons who use a TNC's digital network to connect with a TNC driver who provides prearranged rides to the rider in the TNC driver's TNC vehicle between points chosen by the rider.

Transportation network company (TNC) vehicle or TNC 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 TNC driver; and

(2)

Not a taxicab, limousine, or for-hire vehicle under RSMo chapter 390.

Vehicle means any taxicab, livery vehicle, sightseeing vehicle, charitable nonprofit transportation vehicle and pedicab as used in this section.

Vehicle permit means an official document issued by the neighborhoods and housing services department authorizing operation of a licensed taxicab, livery vehicle, sightseeing vehicle or pedicab on the streets of the city.

(Ord. No. 150203 , § 2, 4-9-15; Ord. No. 150506 , § 1, 8-27-15; Ord. No. 160938 , § 1, 2-16-17; Ord. No. 170460 , § 1, 7-13-17; Ord. No. 170802 , § 1, 10-19-17