Chapter 6.46
TAXICABS
Sections:
6.46.020 Definitions.
6.46.040 Certificate – Required.
6.46.060 Certificate – Application and insurance.
6.46.080 Certificate – Hearing.
6.46.100 Certificate – Issuance.
6.46.120 License fees.
6.46.140 Certificate – Transfer.
6.46.160 Certificate – Suspension and revocation.
6.46.360 Vehicles – Equipment and maintenance.
6.46.380 Designation of taxicabs.
6.46.390 Rate schedule – Filing required.
6.46.410 Overcharging unlawful.
6.46.430 Approval required for rate change.
6.46.440 Receipts.
6.46.460 Refusal of passenger to pay legal fare.
6.46.480 Solicitation, acceptance and discharge of passengers.
6.46.500 Open stands – Establishment – Use.
6.46.520 Home stands – Establishment – Use.
6.46.540 Prohibitions of other vehicles.
6.46.560 Taxicab service.
6.46.580 Manifests.
6.46.600 Chapter enforcement.
6.46.620 Violation – Penalty.
Code reviser's note: See Chapter 81.72 RCW for statutes relating to taxicab regulation.
6.46.020 Definitions.
The following words and phrases when used in this chapter have the meanings as set out herein:
“Certificate” means a certificate of public convenience and necessity issued by the city council authorizing the holder thereof to conduct a taxicab business in the city of Ellensburg;
“Cruising” means the driving of a taxicab on the streets, alleys, or public places of the city of Ellensburg in search of or soliciting prospective passengers for hire;
“Driver's license” means the possession of a valid Washington State for-hire or chauffeur license;
“Holder” means a person to whom a certificate of public convenience and necessity has been issued;
“Home stand” means a place alongside a street or elsewhere where the city council has authorized a holder of a certificate of public convenience and necessity to install a telephone or call box for the taking of calls and the dispatching of taxicabs;
“Manifest” means a daily record prepared by a taxicab driver of all trips made by said driver showing time and place of origin, destination, number of passengers, and the amount of fare of each trip, and which shall be available for inspection by the Ellensburg police department.
“Open stand” means a public place alongside the curb of a street or elsewhere in the city of Ellensburg which has been designated by the city council as reserved exclusively for the use of taxicabs.
“Person” includes an individual, a corporation or other legal entity, a partnership, and any unincorporated association;
“Rate card” means a card issued by the city clerk for display in each taxicab which contains the rate of fare then in force;
“Taxicab” means a motor vehicle regularly engaged in the business of carrying passengers for hire, having a seating capacity of less than six persons, including driver, and not operated on a fixed route;
“Taximeter” means a meter instrument or device attached to a taxicab which measures mechanically the distance driven and the waiting time upon which the fare is based;
“Waiting time” means the time when a taxicab is not in motion from the time of acceptance of a passenger or passengers to the time of discharge, but does not include any time that the taxicab is not in motion if due to any cause other than the request, act or fault of a passenger or passengers. [Ord. 3497 § 1, 1985; Ord. 2889 § 1, 1971.]
6.46.040 Certificate – Required.
No person shall operate or permit a taxicab owned or controlled by him to be operated as a vehicle for hire upon the streets of the city of Ellensburg without having first obtained a certificate of public convenience and necessity from the city council. [Ord. 2889 § 2, 1971.]
6.46.060 Certificate – Application and insurance.
A. An application for a certificate shall be filed with the city clerk upon forms provided by the city of Ellensburg, and said application shall be verified under oath and shall furnish the following information:
1. The name and address of the applicant;
2. The financial status of the applicant, including the amounts of all unpaid judgments against the applicant and the nature of the transaction or acts giving rise to said judgments;
3. The experience of the applicant in the transportation of passengers;
4. Any facts which the applicant believes tend to prove that the public convenience and necessity require the granting of a certificate;
5. The number of vehicles to be operated or controlled by the applicant and the location of proposed depots and terminals;
6. The color scheme or insignia to be used to designate the vehicle or vehicles of the applicant;
7. Such further information as the city council of the city of Ellensburg may require.
B. At the time the application is filed with the city clerk, it shall be accompanied with an insurance/surety bond required pursuant to RCW 46.72.040, which requires insurance in the amount of $100,000 for any recovery for death or personal injury by one person, $300,000 for all persons killed or receiving personal injury by reason of one act or of negligence, and $25,000 for damage to property of any person other than the insured. [Ord. 3497 § 2, 1985; Ord. 2889 § 3, 1971.]
6.46.080 Certificate – Hearing.
Upon the filing of an application, the city council shall fix a time and place for a public hearing thereon. Notice of such hearing shall be given to the applicant and to all persons to whom certificates of public convenience and necessity have been theretofore issued. Due notice shall also be given the general public by publishing a notice of such hearing in any local newspaper of general daily circulation. Any interested person may file with the city clerk a memorandum in support of or opposition to the issuance of a certificate. [Ord. 2889 § 4, 1971.]
6.46.100 Certificate – Issuance.
If the city council finds that further taxicab service in the city of Ellensburg is required by the public convenience and necessity and that the applicant is fit, willing, and able to perform such public transportation and to conform to the provisions of this chapter and the rules promulgated by the city council, then the city clerk shall issue a certificate stating the name and address of the applicant, the number of vehicles authorized under said certificate and the date of issuance; otherwise, the application shall be denied.
In making the above findings, the city council shall take into consideration the number of taxicabs already in operation, whether existing transportation is adequate to meet the public need, the probable effect of increased service on local traffic conditions, and the character, experience, and responsibility of the applicant. The total number of taxicabs licensed under this chapter shall not exceed the aggregate based on one taxicab per 1,500 population. [Ord. 2889 § 5, 1971.]
6.46.120 License fees.
No certificate shall be issued or continued in operation unless the holder thereof has paid an annual license fee of $20.00 for the right to engage in the taxicab business and $75.00 each year for each vehicle operated under a certificate of public convenience and necessity. Said license fees shall be for the calendar year and shall be in addition to any other license fees or charges established by proper authority and applicable to said holder or the vehicle or vehicles under his operation and control. [Ord. 2889 § 6, 1971.]
6.46.140 Certificate – Transfer.
No certificate of public convenience and necessity may be sold, assigned, mortgaged or otherwise transferred without the prior consent of the city council. [Ord. 2889 § 7, 1971.]
6.46.160 Certificate – Suspension and revocation.
A certificate issued under the provisions of this chapter may be revoked or suspended by the city council if the holder thereof has:
A. Violated any of the provisions of this chapter;
B. Discontinued operations for more than two days;
C. Violated any ordinances of the city of Ellensburg, or the laws of the United States or the state of Washington, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation.
Prior to suspension or revocation, the holder shall be given notice of the proposed action to be taken and shall have an opportunity to be heard. [Ord. 2889 § 8, 1971.]
6.46.360 Vehicles – Equipment and maintenance.
A. Vehicles Must Be Licensed. Prior to the use and operation of any vehicle under the provisions of this chapter, said vehicle shall be thoroughly examined and inspected by the police department and found to comply with such reasonable rules and regulations as may be prescribed by the chief of police. These rules and regulations shall be promulgated to provide safe transportation and shall specify such safety equipment regulatory devices as the chief of police shall deem necessary therefor.
When the police department finds that a vehicle has met the standards established by the State of Washington Department of Motor Vehicles, the department shall issue a license to that effect, which shall also state the authorized seating capacity of said vehicle.
B. Periodic Inspections. Every vehicle operating under this chapter shall be periodically inspected by the police department at such intervals as shall be established by the city council to ensure the continued maintenance of safe operating conditions.
C. Vehicles Must Be Kept in a Clean and Sanitary Condition. Every vehicle operating under this chapter shall be kept in a clean and sanitary condition according to rules and regulations promulgated by the city council.
D. The owner of any taxicab company shall make available to the Ellensburg police department on a regularly scheduled basis, but at least semi-annually, all taxicabs it operates in the city for the purpose of safety inspections. The inspections shall take place at the city shop and shall include:
1. Steering linkage;
2. Brakes;
3. Tires;
4. Shocks;
5. General cleanliness of cab. [Ord. 3497 § 3, 1985; Ord. 2889 § 18, 1971.]
6.46.380 Designation of taxicabs.
Each taxicab shall bear on the outside of each front or rear door, in painted letters not less than four inches nor more than six inches in height, the name of the owner; and, in addition, may bear an identifying design approved by the chief of police. No vehicle covered by the terms of this chapter shall be licensed whose color scheme, identifying design, monogram, or insignia to be used thereon shall, in the opinion of the chief of police, conflict with or imitate any color scheme, identifying design, monogram or insignia used on a vehicle or vehicles already operating under this chapter, in such a manner as to be misleading or tend to deceive or defraud the public; and provided further, that if, after a license has been issued for a taxicab under this chapter, the color scheme, identifying design, monogram, or insignia thereof is changed so as to be, in the opinion of the chief of police, in conflict with or imitate any color scheme, identifying design, monogram or insignia used by any other person, owner or operator, in such a manner as to be misleading or tend to deceive the public, the license of or certificate covering such taxicab or taxicabs shall be suspended or revoked. [Ord. 2889 § 19, 1971.]
6.46.390 Rate schedule – Filing required.
Every individual, partnership or corporation holding a permit for the operation of a taxicab within the city of Ellensburg shall have on file with the city clerk a rate schedule. [Ord. 3197 § 1, 1978.]
6.46.410 Overcharging unlawful.
It is unlawful for any owner or operator to charge any greater sum than is disclosed by such filed rate schedule. Such rate schedule shall be displayed in the taxicab in a conspicuous place readily discernible by the passengers. [Ord. 3197 § 2, 1978.]
6.46.430 Approval required for rate change.
The rate schedule shall not be changed until it has been approved by the city council. [Ord. 3197 § 3, 1978.]
6.46.440 Receipts.
The driver of any taxicab shall, upon demand by the passenger, render to such passenger a receipt for the amount charged, either by a mechanically printed receipt or by a specially prepared receipt on which shall be the name of the owner, license number or motor number, amount of meter reading or charges and the date of transaction. [Ord. 2889 § 22, 1971.]
6.46.460 Refusal of passenger to pay legal fare.
It is unlawful for any person to refuse to pay the legal fare of any of the vehicles mentioned in this chapter after having hired the same; and it is unlawful for any person to hire any vehicle defined in this chapter with intent to defraud the person from whom it is hired of the value of such service. [Ord. 2889 § 23, 1971.]
6.46.480 Solicitation, acceptance and discharge of passengers.
A. Solicitation of Passengers by Driver. No driver shall solicit passengers for a taxicab except when sitting in the driver's compartment of such taxicab or while standing immediately adjacent to the curbside thereof; provided further, that nothing herein contained shall be held to prohibit any driver from alighting to the street or sidewalk for the purpose of assisting passengers into or out of such vehicle.
B. Prohibited Solicitation. No driver shall solicit patronage in a loud or annoying tone of voice or by sign or in any manner annoy any person or obstruct the movement of any persons, or follow any person for the purpose of soliciting patronage.
C. Receipt and Discharge of Passengers on Sidewalk Only. Drivers of taxicabs shall not receive or discharge passengers in the roadway but shall pull up to the right-hand sidewalk as nearly as possible or, in the absence of a sidewalk, to the extreme right-hand side of the road and there receive or discharge passengers, except upon one-way streets, where passengers may be discharged at either the right- or left-hand sidewalk, or side of the roadway in the absence of a sidewalk. Where no sidewalks exist, then discharge shall be made as close to the right side of the roadway as is practical and safe.
D. Additional Passengers. No driver shall permit any other person to occupy or ride in said taxicab, unless the person or persons first employing the taxicab shall consent to the acceptance of additional passenger or passengers. No charge shall be made for an additional passenger except when the additional passenger rides beyond the previous passenger's destination and then only for the additional distance so traveled.
E. Restriction on Number of Passengers. No driver shall permit more persons to be carried in a taxicab as passengers than the rated seating capacity of his taxicab. A child under the age of five years shall not be counted as a passenger.
F. Refusal to Carry Orderly Passengers Prohibited. No driver shall refuse or neglect to convey any orderly person or persons, upon request, unless previously engaged or unable or forbidden by the provisions of this chapter to do so.
G. Prohibitions of Drivers. It is a violation of this chapter for any driver of a taxicab to solicit business for any unowned business, hotel or motel, or to attempt to divert patronage from one unowned business, hotel or motel to another. Neither shall such driver engage in selling intoxicating liquors or solicit business for any house of ill repute or use his vehicle for any other unlawful purpose. [Ord. 2889 § 24, 1971.]
6.46.500 Open stands – Establishment – Use.
A. The city council of the city of Ellensburg is authorized and empowered to establish open stands in such place or places upon the streets of the city of Ellensburg as it deems necessary for the use of taxicabs operated in the city. The city council shall not create an open stand without taking into consideration the need for such stands by the companies and the convenience to the general public. The city council shall prescribe the number of cabs that shall occupy such open stands. The city council may decline to create an open stand in front of any place of business where the abutting property owners object to the same or where such stand would tend to create a traffic hazard.
B. Open stands shall be used by the different drivers on a first-come, first-served basis. The driver shall pull onto the open stand from the rear and shall advance forward as the cabs ahead pull off. Drivers shall stay within five feet of their cabs; they shall not solicit passengers or engage in loud or boisterous talk while at an open stand. Nothing in this chapter shall be construed as preventing a passenger from boarding the cab of his choice that is parked at open stands. [Ord. 2889 § 25, 1971.]
6.46.520 Home stands – Establishment – Use.
The city council is authorized and empowered to establish home stands upon the streets of Ellensburg in such places as in its discretion it deems proper. A holder desiring to establish a home stand shall make written application to the city council. The applicant must attach to the application the written approval of the abutting property owners of said space, consenting to the creation of such stand. In the event that such approval cannot be obtained by the applicant, the city council may waive such requirement. Upon filing of the application, the police department shall make an investigation of the traffic conditions at said place and shall thereafter file their written recommendation to the city council. The city council shall then either grant or refuse the application. When a home stand has been established as herein provided, it shall be used solely by the holder to whom the same was granted and his agents and servants and no other holder shall be permitted to use the same; provided, however, that no holder shall obtain a permit for more than one such closed stand. [Ord. 2889 § 26, 1971.]
6.46.540 Prohibitions of other vehicles.
Private or other vehicles for hire shall not at any time occupy the space upon the streets that has been established as either open stands or home stands. [Ord. 2889 § 27, 1971.]
6.46.560 Taxicab service.
All persons engaged in the taxicab business in the city of Ellensburg operating under the provisions of this chapter shall render an overall service to the public desiring to use taxicabs. Holders of certificates of public convenience and necessity shall maintain a central place of business for the purpose of receiving calls and dispatching cabs during the hours of 7:00 a.m. to 2:30 a.m., Monday through Saturday, as a minimum level of service. They shall respond to all calls received by them for services inside the corporate limits of Ellensburg as soon as they can do so and if said services cannot be rendered within a reasonable time, they shall then notify the prospective passengers how long it will be before the call can be answered and give the reason therefor. Any holder who refuses to accept a call anywhere in the corporate limits of Ellensburg at any time when such holder has available cabs, or who fails or refuses to give overall service, is a violator of this chapter and the certificate granted to such holder shall be revoked at the discretion of the city council. Nothing in this section shall be deemed to prohibit the use of recording devices to record calls requesting taxicab service, provided the service is performed within a reasonable time after any such call is received and recorded. [Ord. 3280 § 1, 1980; Ord. 2889 § 28, 1971.]
6.46.580 Manifests.
Every driver shall maintain a daily manifest upon which are recorded all trips made each day, showing time and place of origin and destination of each trip and amount of fare and all such completed manifests shall be returned to the owner by the driver at the conclusion of his tour of duty. The forms for each manifest shall be furnished to the driver by the owner and shall be of a character approved by the chief of police.
Every holder of a certificate of public convenience and necessity shall retain and preserve all drivers' manifests in a safe place for at least the calendar year next preceeding the current calendar year and said manifests shall be available to the chief of police. [Ord. 2889 § 29, 1971.]
6.46.600 Chapter enforcement.
The police department of the city of Ellensburg is given the authority and is instructed to watch and observe the conduct of holders and drivers operating under this chapter. Upon discovering a violation of the provisions of this chapter, the chief of police shall report the same to the city manager, who will report the violation to the city council, which will order or take appropriate action. [Ord. 2889 § 30, 1971.]
6.46.620 Violation – Penalty.
Any person violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding $300.00 or by imprisonment in the city jail not exceeding 90 days, or by both such fine and imprisonment. [Ord. 2889 § 31, 1971.]