Chapter 10.20
TAXICABS
Sections:
10.20.010 Definitions.
10.20.020 Certificate required.
10.20.030 Transfer, cancellation, suspension or revocation of certificate or permit.
10.20.040 Surrender of certificate.
10.20.050 Certificate fees.
10.20.060 Inspection of vehicles.
10.20.070 Taxicab maintenance.
10.20.080 Operating regulations.
10.20.090 Equipment.
10.20.100 Approval of drivers.
10.20.110 Insurance requirements.
10.20.120 Rates.
10.20.130 Complaints.
10.20.140 Certificate application requirements.
10.20.150 Issuance of certificate.
10.20.160 Indemnification.
10.20.170 Reports to the city recorder.
10.20.180 Violation – Enforcement.
10.20.190 Additional remedies.
10.20.010 Definitions.
A. Except where the context clearly indicates otherwise, the following words shall mean:
“Certificate” means a numbered certificate issued under this chapter to operate a taxicab.
“Driver” means every person who is, or acts under or at the direction of, the owner, agent, or employee, and is in charge of operating any taxicab.
“Flat rate” is a fare which remains constant regardless of the distance traveled or time involved.
“Limousine” is a chauffeur-driven motor vehicle that carries passengers for hire where the minimum fare charged is at least $50.00.
“Operate” means to drive a vehicle, to use a vehicle in the conduct of business, to receive money from the use of a vehicle, or cause or allow another person to do the same.
“Owner” means every person having use or control of any taxicab whether as owner, lessee, or otherwise.
“Street” means any street, alley, avenue, road, lane, highway or public place in the city used for the purpose of public travel.
“Taxicab” means any vehicle which carries passengers for hire whose journey has originated in the city, where the destination and route may be controlled by a passenger, and the fare is calculated on the basis of any combination of an initial fee, distance traveled, and delay, or the fare is a flat rate.
B. Any vehicle that has an appearance deceptively similar to a taxicab is a taxicab for the purposes of this chapter.
C. As used in this chapter, “taxicab” does not include licensed ambulances, non-emergency medical transport vehicles, regular-route scheduled buses, state-approved buses engaged in charter service, limousines, courtesy vehicles operated by hotels and motels as a convenience for registered guests where no charges are made, vehicles operated for the exclusive use of senior citizens or persons with disabilities, and airport shuttles licensed by the Port of Portland or other port that licenses passenger transportation.
D. A “non-emergency medical transport vehicle” means a vehicle that carries a person for hire and such person requires non-emergency medical treatment or supervision by an emergency medical technician or first responder certified by the Oregon State Health Division while in the vehicle. (Ord. 2005-12 § 1)
10.20.020 Certificate required.
No person shall operate any taxicab in the city without possessing a valid certificate issued pursuant to this chapter, as well as any other license required by law. (Ord. 2005-12 § 1)
10.20.030 Transfer, cancellation, suspension or revocation of certificate or permit.
A. No certificate or permit may be sold, assigned, mortgaged or otherwise transferred without the written consent of the city manager. The city manager may impose conditions with respect to the transfer of a certificate as it may deem to be in the best interest of the public safety and the general welfare.
B. An application for transfer of any certificate or permit is subject to the same terms, conditions, and requirements as the application for original certificate.
C. Any certificate or permit may be suspended or revoked by the city manager after a hearing under the procedure provided in LCMC 10.20.100(E) at which the certificate holder or permit holder is given an opportunity to appear if any one or more of the following conditions exist:
1. The owner ceases to operate any taxicab for a period of 15 consecutive days without obtaining permission to cease such operation from the city manager.
2. The owner or permit holder fails to operate the taxicab in accordance with the provisions of this chapter.
3. The owner or permit holder fails to pay any of the fees or payments required to be paid by the provisions of this chapter.
4. The owner or permit holder no longer qualifies for a certificate or permit under LCMC 10.20.100 or 10.20.140.
D. The city may use any means of enforcement authorized by law to enforce the provisions of this section. (Ord. 2005-12 § 1)
10.20.040 Surrender of certificate.
Any certificate suspended or revoked by the city manager shall be surrendered to the city recorder and the operations of any taxicab covered by such certificate shall cease. Any owner who permanently retires any taxicab from taxicab service and does not replace it within 15 days shall immediately surrender any certificate granted for the operation of such taxicab to the city recorder and the owner may not secure an additional certificate for the operation of any taxicab without making application in the manner provided in this chapter. (Ord. 2005-12 § 1)
10.20.050 Certificate fees.
No certificate may be issued or continue in operation until the applicant has paid to the city recorder an annual license fee as established by resolution of the city council for each vehicle operated within the city. (Ord. 2005-12 § 1)
10.20.060 Inspection of vehicles.
A. Prior to the operation of any vehicle under the provisions of this chapter and at least annually thereafter, the vehicle shall be thoroughly examined and inspected by either a certified mechanic or a governmental vehicle inspection entity located within Lincoln County and shall be found to be in safe operating condition. An inspection for safe operating conditions must include, but is not limited to, inspection of brakes including parking brake; all lights, signals and reflectors; exhaust system; steering system; wipers including washers; suspension components; mirrors; horn and other warning devices; tires and restraint system. Record of such inspections, clearly identifying by vehicle license number the vehicles inspected, must be made available to the city upon request. In this section the term “certified mechanic” means a person certified by the National Institute for Automotive Service Excellence, or equivalent.
B. In addition to the initial and annual inspections required above, inspection or testing of all parts vital to the safe operation of the vehicle such as brakes, steering gear, tires, lights, and signaling devices shall be made at the beginning of each shift or each day by the driver, and as often as necessary during use. Any condition found then or at any other time that will prevent the safe operation of the vehicle shall be corrected before the vehicle is used.
C. In the event a record of vehicle inspection is not produced within 24 hours of request, or if the record produced indicates the inspection occurred more than 12 months to date, the city shall notify the holder of a certificate to complete an inspection showing compliance with the standards of this chapter and deliver the record to the city within 24 hours of the oral or written notice.
D. Failure to timely produce a satisfactory record of inspection shall be grounds to suspend or revoke a certificate or permit and a violation subject to enforcement under LCMC 10.20.180. (Ord. 2005-12 § 1)
10.20.070 Taxicab maintenance.
Every vehicle operating under this chapter is to be kept in a clean and sanitary condition. (Ord. 2005-12 § 1)
10.20.080 Operating regulations.
A. Unless otherwise directed by the passenger, any taxicab driver employed to transport passengers to a definite point shall use the most direct route possible that will carry the passenger to that destination safely and expeditiously.
B. Every driver, if requested, shall give a correct receipt upon payment of the correct fare.
C. No person may refuse to pay a lawful taxicab fare after hiring a taxicab.
D. Whenever a passenger occupies a taxicab, the driver must not permit any other person to occupy the taxicab except with consent of the original passenger. (Ord. 2005-12 § 1)
10.20.090 Equipment.
Every taxicab is to be equipped with the following:
A. Except for taxicabs charging flat rates, a taximeter in accurate operating condition with a lighted face which can be read at all times by the customer. Taxicabs charging flat rates must be equipped with a sign complying with LCMC 10.20.120 stating “Flat Rate” conspicuous to a passenger upon entry into the taxicab.
B. A top light identifying it as a taxicab.
C. The company name and telephone number where service can be requested displayed on the exterior of the vehicle.
D. A cell phone or “state of the art” taxi radio on a clear coordinated taxicab radio frequency for customer comfort and rapid dispatching of calls for service.
E. The driver’s approved city taxicab driver’s permit conspicuously displayed in a permanent mounted position inside the vehicle, in a place where it can be easily viewed by a passenger. (Ord. 2005-12 § 1)
10.20.100 Approval of drivers.
It is unlawful for any person to operate a taxicab in the city unless the person has been issued a taxicab driver’s permit by the city recorder in accordance with the terms of this chapter.
A. Application for a Taxicab Driver’s Permit. A person may apply for a taxicab driver’s permit by submitting a completed application to the city recorder accompanied by payment of a fee established by resolution of the city council. The application must include the name, address, age, and Oregon driver’s license number of the applicant and attach a passport size photo of the applicant.
B. Upon receipt of such application, the city recorder shall be responsible for investigating the applicant’s background as necessary to verify compliance with subsection (C) of this section, including being responsible for initiating a request for a criminal background check by the police department.
C. The city recorder shall not issue a taxi driver’s permit unless the applicant:
1. Is 21 years of age or more;
2. Possesses a valid Oregon driver’s license;
3. Has not had a driver’s license revoked by any state within the last five years;
4. Did not make any false statements in the application;
5. Has been investigated by the police department, which has verified the applicant’s background is satisfactory.
a. In conducting the investigation of the applicant, the police department shall verify that the applicant has not been convicted of any felony or misdemeanor involving a crime against persons as defined in ORS Chapter 163, including but not limited to homicide, manslaughter, assault, kidnapping, sexual offenses, harassment and stalking; or any violation of the Oregon Vehicle Code defined as a felony or misdemeanor, including driving under the influence of intoxicants as defined in ORS Chapter 813; or any misdemeanor involving theft or fraud.
b. Where an applicant’s driver’s license has been suspended or revoked during the last five years, the police department shall verify that the applicant has been satisfactorily reinstated.
c. Where the application or other information provided by the applicant indicates a conviction for violation of ORS Chapter 811 (Rules of the Road for Drivers), the police department shall investigate the violation and determine whether the nature of the violation, when viewed in light of the circumstances of the violation and the city’s duty to protect the public, is such that a reasonable person would believe the driver so convicted is an unacceptable risk to public safety. If the person making the investigation believes such a risk exists, then the police department shall notify the city recorder that the applicant’s background check is not satisfactory, and the city recorder shall not issue a permit to the applicant.
D. If the city recorder determines that the applicant meets the requirements of this chapter, including paying any required fee, the city recorder shall notify the applicant to secure a photograph issued by the police department. After receiving the photograph from the police department, the city recorder shall issue the permit.
E. If the application is denied, the applicant may appeal the denial by submitting an appeal in writing to the city manager within seven days of notice of the denial by the city recorder. Within three days of a written request, the city manager will set a time no later than seven days of the written request to hear the appeal. Within three days after the hearing, the city manager shall issue a decision either to uphold the denial of the permit or to issue the permit based on the information presented.
F. Any taxicab driver’s permit expires one year from date of issue and may be renewed from year to year upon application to the city recorder. The fee for a renewal permit shall be set by resolution of the city council.
G. As a condition of licensing, a taxicab driver shall agree in writing to notify the city within 10 days of conviction of any crime included in subsection (C)(5)(a) or (c) of this section. (Ord. 2005-12 § 1)
10.20.110 Insurance requirements.
A. No person may drive or operate, or cause to be driven or operated, any taxicab in the city unless the certificate holder has on file with the city recorder a written certificate of a responsible and solvent insurance carrier authorized to write insurance policies in the state, that it has issued to or for the benefit of the certificate holder or taxicab driver, a commercial auto liability policy and commercial general liability policy which is in full force and effect, and designating in such policy the taxicabs which may be driven or operated under this chapter. These requirements are intended to cover liability related to the vehicle or its operation, and non-auto-related liability, for example, an assault by a driver.
B. The taxicab liability insurance policies shall insure the certificate holder and any other person using or responsible for the use of any such taxicab against loss from the liability imposed upon such operation of such taxicab by law for injury to, or death of, any person, or damage to property growing out of the maintenance, operation or ownership of any taxicab, to the amount of $500,000 per occurrence in combined single limit for bodily injury and property damage claims or $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Liability coverage shall be provided on an “occurrence” not “claims” basis. The city, its officers, employees, and agents shall be named as additional insureds.
C. The policy required in this section shall include a statement that the policy is not cancelable nor the coverage reducible except on 30 days’ prior written notice to the city recorder. (Ord. 2005-12 § 1)
10.20.120 Rates.
A. Except for a taxicab charging a flat rate, the rates to be charged to passengers are to be based on the following: the mileage from the point of origin to the point of destination by the most direct route, the time involved, and the number of passengers. Each taxicab must be equipped with taximeter to compute the rate. In lieu of a computed rate, a flat rate may be charged.
B. The rate schedule must be posted in each taxicab in a place where passengers may readily see the schedule. No taxicab may charge more than the posted rate. (Ord. 2005-12 § 1)
10.20.130 Complaints.
Certificate holders shall maintain a record of all complaints received in writing or by telephone and shall keep posted in a conspicuous place in the passenger compartment of each taxicab a statement setting forth the address and telephone number of the owners to which complaints should be directed, and a notice that a record of all complaints shall be open to inspection and review by the city at any time on its request. (Ord. 2005-12 § 1)
10.20.140 Certificate application requirements.
A. An application for a certificate shall be filed with the city recorder. The application must be verified under penalty of perjury and contain or be accompanied by the following information and documentation:
1. The name, business address, and residence address of the owner or person applying.
2. The make, type, year of manufacture and seating capacity of the vehicle(s) for which application for certificate is made.
3. A description of the proposed color scheme, insignia, trade style or any other distinguishing characteristics of the proposed vehicle design.
4. A statement whether the applicant or any officers of the applicant have been convicted of any felony, misdemeanor or violation of any municipal ordinance or state law, including non-moving traffic violations and parking offenses, the nature of the offense and the punishment or penalty assessed.
5. A policy of insurance in the manner and form required by this chapter from a responsible solvent insurance carrier authorized to issue public liability and property damage insurance in the state.
6. A receipt from the finance director showing payment of a nonrefundable fee, except as provided in subsection (B) of this section.
B. The fee is to be set by resolution of the city council. The resolution shall include an exception to the fee requirement, during the first calendar year or portion thereof in which these regulations apply, in response to a request from a person who has demonstrated current payment of an occupation tax to the city. Such person shall be eligible to apply for a certificate prior to December 31st of that year without payment of the fee as required in subsection (A) of this section.
C. Before the city manager acts on any application for a certificate, the police chief shall be responsible for conducting an investigation of the owner or applicant within 60 days from the date the application is filed. Upon completion of such investigation the police chief shall report the finding, in writing, to the city manager. (Ord. 2005-12 § 1)
10.20.150 Issuance of certificate.
The city recorder will issue a certificate to operate a taxicab upon approval by the city manager that the applicant has met the requirements of this chapter. (Ord. 2005-12 § 1)
10.20.160 Indemnification.
A. Any recipient of a certificate of public convenience and necessity shall agree to pay all damages and penalties that the city may legally be required to pay as a result of granting a certificate and shall agree to defend and indemnify the city against all claims resulting from the granting of such a certificate. These damages or penalties shall include, but not be limited to, damage arising out of the operation or maintenance of a taxicab as authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this chapter.
B. The certificate holder shall pay and, by its application and the granting of a certificate of public convenience and necessity, specifically agrees that it will pay all necessary and reasonable expenses incurred by the city in defending itself against all damages and penalties mentioned in subsection (A) of this section, including, but not limited to, reasonable attorney fees. (Ord. 2005-12 § 1)
10.20.170 Reports to the city recorder.
A. Every taxicab company shall immediately report to the city recorder as soon as any of the following events occur:
1. The arrest or conviction for any criminal offense of any officer or principal managing employee of the taxicab company involving the operation of the taxicab company;
2. Any taxicab accident required to be reported to the state involving a vehicle driven for the taxicab company;
3. The filing of a lawsuit against or on behalf of the taxicab company related to the operation of the taxicab company;
4. The initiation of bankruptcy proceedings or corporate or partnership dissolution by the taxicab company; or
5. Any information required to be disclosed by LCMC 10.20.160(B).
B. Every taxicab driver shall report to the city recorder, and to the company for which he or she drives, the occurrence of the following:
1. Any arrest, charge, or conviction of the taxicab driver for any criminal offense, or any traffic violation, that occurs during, or arises out of, the taxicab driver’s operation of a taxicab;
2. Any arrest, charge, or conviction of the taxicab driver for any criminal offense involving theft, robbery, burglary, assault, sex crimes, drugs, prostitution, or any related offense;
3. Any vehicle accident required to be reported to the state involving any taxicab operated by the taxicab driver; or
4. Any restriction, suspension or revocation of the taxicab driver’s motor vehicle driver’s license. (Ord. 2005-12 § 1)
10.20.180 Violation – Enforcement.
A. A violation of any provision of this chapter, including but not limited to operating a taxicab service from points originating within the city without holding a valid, approved certificate, shall be enforced as a Class A civil infraction under Chapter 1.16 LCMC.
B. Each day’s violation of a provision of this chapter constitutes a separate offense. (Ord. 2005-12 § 1)
10.20.190 Additional remedies.
Operating a taxi in violation of this chapter is declared detrimental to public health and safety and a nuisance as authorized by LCMC 8.12.130(B). As an alternative to any remedy provided for enforcement, the city may use the abatement procedures of Chapter 8.12 LCMC or institute injunctive or other appropriate proceedings to temporarily or permanently enjoin the operation of a taxi. (Ord. 2005-12 § 1)