Harrisburg Accessible Taxi Ordinance

Enacted June 2001

“An ordinance requiring taxicab providers doing business in the City of Harrisburg to provide handicapped accessible vehicles to service those needing such transportation at a rate no higher than that charged non-handicapped passengers.

“Whereas, there are a number of taxi cab companies providing transportation services to the general public within the City of Harrisburg; and

“Whereas, there are a number of citizens with disabilities in the City of Harrisburg who require handicapped accessible transportation including, but not limited to vehicles capable of transporting individuals in wheelchairs, including motorized wheelchairs and scooters.

          “NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF HARRISBURG, AND IT IS HEREBY ENACTED BY THE AUTHORITY OF THE SAME, as follows:

“Section 1.    All taxicab companies providing transportation within the City of Harrisburg shall provide vehicles readily accessible to and useable by individuals with disabilities, including individuals who use wheelchairs and scooters at a rate no higher than that charged non-handicapped passengers.

“Section 2.    All vehicles accessible by individuals with disabilities that are clearly marked as such and are in the service of providing transportation to a person with a disability may utilize those parking spaces reserved for handicapped individuals.

“Section 3.    Each taxi cab company operating within the City of Harrisburg shall provide a level of service, including but not limited to, response time and fee, which is comparable to the level of services provided to individuals without disabilities such taxi cab service.

“Section 4.    The provisions of this ordinance shall be enforced by the Executive Director of the Harrisburg Human Relations Commission or his/her designee. It shall be the duty of the Executive Director to develop a complaint procedure, keep a record of all such complaints and to investigate any and all complaints. The Executive Director will make a determination of said complaint and issue a written report and order outlining his/her findings and corrective measures, if any to be taken by the taxi cab company. Said report and order shall be mailed to the subject taxicab company and complainant within thirty (30) days of receipt of the complaint.

“Section 5.    Any taxicab company which is unable to comply with the requirements with this ordinance due to financial hardship may file a request for a one (1) year waiver from the Harrisburg Human Relations Commission. The Commission will review the waiver request at its next scheduled meeting, but in no case later than forty-five (45) days from the date of the written request of a waiver, unless the aggrieved party waves this time requirement in writing. The Commission may vote to grant or deny the waiver.

“Section 6.    Any person(s) aggrieved by a determination of the Executive Director or his/her designee may file with the Executive Director or his/her designee a written request for a hearing within fifteen (15) days after the date of issuance of the Executive Director’s determination.. The written request for a hearing shall be filed on a form which shall be provided by the Executive Director of designee and shall be signed by the person so aggrieved. The Director of designee shall fix a time for hearing of the alleged violations before the Harrisburg Human Relations Commission, said hearing to be held at the next scheduled Harrisburg Human Relations Commission meeting, but in no case later than forty-five (45) days from the date of the written request for a hearing, unless the aggrieved party waives this time requirement in writing. The Harrisburg Human Relations Commission shall have all powers enumerated in Section 4-301.8 to address any violations of this Ordinance.

“Section 7. Delegation. Appropriate City officials are authorized and directoed to take such actions as are necessary to effectuate this ordinance.

“Section 8. Severability. If any provision, sentence, clause, section, or part of this ordinance or the application thereof to any person or circumstance is for any reason found to be unconstitutional, illegal or invalid by a court of competent jurisdiction, such unconstitutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this ordinance. It is hereby declared as the intent of the Council of the City of Harrisburg that this ordinance would have been adopted had such unconstitutional, illegal or invalid provision, sentence, clause, section or part not been included herein.

“Section 9. Repealer. All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed.”