City of Scranton Accessible Taxicab Ordinance

Enacted October 22, 2001

“Requiring taxi cab companies operating within the city of Scranton to maintain at least one lift equipped vehicle in their fleets: establishing a procedure for requesting a waiver for one (1) year in the event of hardship, and prescribing penalties for violation thereof.

“Whereas, to improve transportation access for residents of Scranton with disabilities, it is necessary to require each taxi cab company operating in Scranton to have at least one (1) lift-equipped or portable ramped vehicle in their fleet.

“Now, therefore, be it ordained by the Council of the City of Scranton as follows:

“Section 1. Each taxi cab company operating within the City of Scranton shall, after ninety (90) days from the effective date of this Ordinance, be required to operate and maintain at leats one (1) lift-equipped or portable ramped vehicle in their fleet; provided that such equipment meet federal standards under the American Disabilities Act or regulations issued pursuant thereto.

“Section 2. Any taxi cab company which is unable to comply with the requirement state in Section 1 due to a financial hardship may file a written request for a one (1) year waiver with the City Department of Community Development, which will review and grant or deny the request for a one (1) year waiver in writing within forty-five (45) days from the date of receipt of the request. (If unstamped, the request shall be deemed to have been received three (3) days after the mailing). The company may waive the forty-five (45) day response time in writing. If the Director, or the Deputy Director deem it necessary, they may request additional information and/or hold a hearing, in order to determine if the company would suffer a financial hardship if the waiver is not granted. The company may thereafter appeal a determination within thirty (30) days to the Court of Common Pleas.

“Section 3. Violations. Any person, corporation or other entity who violates this Ordinance shall upon conviction in addition to court costs, pay a fine of not less the One Hundred ($100.00) Dollars or more than Three Hundred ($300.00) Dollars. Each day a violation continues shall be a separate violation.

“Section 4. Enforcement. This Ordinance may be enforced by any police officer of the City, and by the Bureau of Licenses and Inspections of the Department of Community Development or by the Director or Deputy Director for Management, as may be appropriate.

“Section 5. If any section, clause, provision or portion of this Ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect any other section, clause, provision, or portion of this Ordinance so long as it remain legally enforceable minus the invalid portion. The City reserves the right to amend this Ordinance or any portion thereof from time to time as it shall deem advisable in the best interests of the promotion of the purposes and intent of this Ordinance, ant the effective administration thereof.

“Section 6. This Ordinance shall become effective immediately upon approval.

“Section 7. This Ordinance is enacted by the Council of the City of Scranton under the authority of the Act of Legislature, April 13, 1972, Act No. 62, known as the “Home Rule Charter and Optional Plans Law”, and any other applicable law arising under the laws of the State of Pennsylvania.”