Chapter 5.60
TAXICABS
Sections:
5.60.010 Purpose.
5.60.020 Definitions.
5.60.030 Vehicle—Licensing—Inspection and insurance.
5.60.040 Master taxicab license—Issuance conditions.
5.60.050 Driver's license—Required.
5.60.060 Driver's license—Qualifications—Existing licenses.
5.60.070 Driver's license—Initial fee—Application investigation.
5.60.080 Licenses and state permits—Display.
5.60.090 Licenses—Expiration and renewal.
5.60.100 Rate schedule—Filing—Conformance required—Display.
5.60.110 Rate structure.
5.60.120 Leasing or subletting prohibited.
5.60.130 Drivers—Employment restrictions—License revocations.
5.60.140 Additional passenger—Permission required.
5.60.150 Taximeter—Requirements.
5.60.160 Taximeter—Proper positioning of flag.
5.60.170 Record of trips—Open to public.
5.60.180 Licenses suspension and revocation procedures—Appeals.
5.60.190 Violation—Penalty.
5.60.010 Purpose.
The city council deems it necessary for the proper regulation of the use of its streets, and for the convenience of the traveling public, and for the safety in the transportation of persons within the city, and to avoid congestion in automobile traffic, that so-called taxicabs operated in the city be regulated by a proper ordinance. Under the public health and safety powers of the city, this chapter provides such regulations. (Ord. 3016 § 1, 1985)
5.60.020 Definitions.
The following terms, for the purpose of this chapter, are defined as follows:
A. “For hire driver” means any person in charge of or driving a taxicab carrying passengers or baggage for hire, as hereinafter further defined; provided, however, that the provisions of this chapter shall not apply to drivers of motor vehicles used in interstate commerce nor to drivers of motor vehicles operated by any municipal or privately owned, licensed transit system.
B. “Motor vehicle” means any self-propelled vehicle by or upon which any person may be transported or carried upon a public street, highway or alley; provided, that vehicles used exclusively upon stationary tracks, rails or propelled by the use of overhead electric wires, or hotel or motel keepers conveying their guests to and from hotels or motels free of charge or reward and used exclusively for that purpose only, shall not come under the provisions of this chapter.
C. “Taxicab” means and includes every motor vehicle used for the transportation of passengers for hire not operated exclusively over a fixed and definite route, and shall be construed as a term as ordinarily and generally understood at the present time.
D. “Taximeter” means any instrument or device by which the charge for hire of a passenger-carrying vehicle is mechanically measured or calculated, whether for the distance traveled by such vehicle or for waiting time, or for both, and upon which such calculated charges shall be indicated by means of figures. (Ord. 3016 § 14, 1985)
5.60.030 Vehicle—Licensing—Inspection and insurance.
Every holder of a master taxicab license shall license each vehicle he operates pursuant to the following:
A. Each such vehicle shall be subject to an annual licensing fee of ten dollars.
B. Every holder of a master license shall before putting any vehicle into operation file with the clerk-treasurer a certificate of inspection showing that any such vehicle licensed pursuant to this chapter has been inspected by a reliable automotive concern approved by the chief of police and to be certified as safe for taxicab operation by the automotive concern. Each twelve months thereafter the vehicle must be reexamined by a reliable automotive concern and recertified as to safety of operation pursuant to the terms and conditions of this chapter. Every licensee shall, before commencing operation, file with the clerk-treasurer a liability and property damage insurance policy, issued by an insurance company authorized to do business in the state, providing for property damage insurance in a sum of not less than twenty-five thousand dollars and for personal liability insurance in a sum of not less than one hundred thousand dollars for the injury of one person and three hundred thousand dollars for the injuries resulting from any one accident.
C. In addition to the inspections provided in this chapter, all vehicles operating under the authority of this chapter shall be available for inspection at any time and at any place by the chief of police who shall order any taxicab to cease operation immediately if, in his determination, the vehicle is in an unsafe condition, and shall notify the operator or driver in writing thereof. It is unlawful for any operator or driver to drive or operate any taxicab without complying with the certification and insurance procedures set forth in this section, or which is in an unsafe condition or without proper equipment, as determined by the chief of police. It is further unlawful to fail to comply to any written notice by the chief of police to make certain corrections on any taxicab. (Ord. 3016 § 14, 1985)
5.60.040 Master taxicab license—Issuance conditions.
Upon the effective date of the ordinance codified in this chapter, any person, firm, partnership or corporation which in all other respects complies with the provisions of this chapter to operate a taxicab business within the city limits may, after proper approval by the appropriate agencies of the city and after payment of a one hundred twenty-five dollars master taxicab license fee (the master taxicab license fee to be renewed on an annual basis commencing January 1st of each calendar year), engage in operating a taxicab business within the city limits. Thirty-five dollars of such fee shall be for the investigation of the applicant as an appropriate business operator. The license shall expire on December 31st of any calendar year, irrespective of when issued. In instances where the license is issued on a date other than January 1st, the license shall be computed by prorating the annual fee on a quarterly basis rounded back to the beginning of the quarter in which the license is to be issued. (Ord. 3166 § 2, 1991; Ord. 3016 § 3, 1985)
5.60.050 Driver's license—Required.
It is unlawful for any person owning, controlling or engaged in the business of operating taxicabs to employ as the driver of any such vehicle or permit any such vehicle to be operated by a driver who does not have in his possession a valid and subsisting for hire driver's license issued pursuant to Sections 5.60.060 through 5.60.090 of this chapter. (Ord. 3016 § 4, 1985)
5.60.060 Driver's license—Qualifications—Existing licenses.
A. No person shall be issued a for hire driver's license unless he possesses the following qualifications:
1. Must be at least eighteen years of age;
2. Must possess a valid Washington State motor vehicle operator's license;
3. Must not be addicted to the use of intoxicating liquor, dangerous drugs or narcotics;
4. Must not have been convicted of any offense involving moral turpitude or intent to defraud within the past three years prior to application;
5. Shall submit to fingerprinting by the police department;
6. Such other conditions as the police chief may require in the furtherance of the provisions of this chapter.
B. Persons holding valid licenses as of the effective date of the ordinance codified in this chapter shall not be required to reapply to determine compliance with the provisions of this chapter unless the police chief or his designate should determine on a case-by-case basis that a currently licensed individual should be subjected to the more stringent background check provided under this chapter. (Ord. 3016 § 5, 1985)
5.60.070 Driver's license—Initial fee—Application investigation.
When an application for a for hire driver's license, duly signed and sworn to and accompanied by the required fifty dollars initial license fee, has been received by the clerk-treasurer with application forwarded to the chief of police. He shall investigate the statements contained therein, and may obtain such other information concerning the applicant's character, integrity, personal habits, past conduct and general qualifications showing the applicant's ability and skill as a driver of a taxicab, and his honesty, integrity and character for the purpose of determining whether the applicant is a suitable person to drive a taxicab within the city. All applications for for hire driver's licenses shall become null and void after sixty days from date of filing, if the applicant for any reason fails or neglects to obtain a license. Twenty-five dollars of such fee shall be a license fee and the remaining amount an investigation fee. (Ord. 3016 § 6, 1985)
5.60.080 Licenses and state permits—Display.
Every owner or operator of any taxicab shall at all times carry in such vehicle permits issued by the Department of Licenses of the state showing such vehicle to be properly bonded for the protection of the public, and also the licenses and permits issued pursuant to this chapter. (Ord. 3016 § 8, 1985)
5.60.090 Licenses—Expiration and renewal.
All licenses issued under this chapter shall expire on December 31st of each calendar year. Master licenses may be renewed by the license holder for the succeeding year by making application thereof with the clerk-treasurer at least thirty days prior to the expiration date and by paying a one-hundred-twenty-dollar renewal fee at the time application for renewal is made. For-hire drivers' renewal licenses may be renewed by the license holder for the succeeding year by making application therefor with the clerk-treasurer at least thirty days prior to the expiration date and by paying a thirty-five-dollar renewal fee for each driver at the time application for renewal is made. (Ord. 3696 § 1, 2009; Ord. 3016 § 7, 1985)
5.60.100 Rate schedule—Filing—Conformance required—Display.
Every licensee shall, before commencing operation, file with the clerk-treasurer his proposed schedule of rates and charges, which rates shall not exceed those rates and charges set forth in Section 5.60.110 of this chapter. It is unlawful for any licensee to charge any greater sum than is specified by such filed schedule of rates, and it is unlawful to make any discriminatory charges to any person. (Ord. 3016 § 12, 1985)
5.60.110 Rate structure.
A. No person owning, operating or controlling any taxicab within the limits of the city shall charge an amount to exceed the following rates:
1. For the first one-ninth of a mile or fraction thereof, for one person, two dollars and fifty cents;
2. For each succeeding one-ninth of a mile or fraction thereof, twenty cents;
3. For each additional passenger, fifty cents;
4. For the first three minutes of waiting time, one dollar and fifty cents; for each additional minute of waiting time, fifty cents;
5. No charge shall be made for children under six years of age accompanied by parent or guardian;
6. Taxicabs operating for hire by the hour shall not charge rates in excess of thirty dollars per hour, including waiting time.
B. Waiting time shall include the time when the taxicab is not in motion, beginning with the arrival at the place to which it has been called for the time consumed while standing at the direction of the passenger, but no charge shall be made for time lost for inefficiency of the taxicab or its operation, nor for the time consumed by premature response to a call.
C. No charge, whatsoever, shall be made for any distance traveled prior to actual occupancy of the taxicab by the passenger, nor for any distance traveled after the taxicab has been released by the passenger, regardless of the commencement or finish of the trip made.
D. If demanded by the passenger, the driver in charge of a taxicab shall deliver to the person paying for the hiring of the taxicab a receipt therefor containing the name of the owner, the driver's city license number, and any items for which a charge is made, together with the total amount paid and the date of payment. (Ord. 3540 § 1, 2004; Ord. 3456 § 1, 2000; Ord. 3016 § 13, 1985)
5.60.120 Leasing or subletting prohibited.
It is unlawful for the holder of a taxicab license to directly or indirectly lease or sublet his business and license to another person or persons for use or operation, and any such action shall be grounds for revocation of the license; provided, however, that nothing contained in this section shall prevent the holder of a valid taxicab license from employing drivers for his taxicabs. (Ord. 3016 § 9, 1985)
5.60.130 Drivers—Employment restrictions—License revocations.
A. It is unlawful for anyone engaged in the business of operating a taxicab to knowingly employ a driver who has within one year prior thereto been convicted of driving any motor vehicle while under the influence of or affected by intoxicating liquors, narcotics or barbiturates.
B. If any driver of a taxicab is convicted of driving such vehicle while under the influence of or affected by liquor or narcotics, the for hire driver's license of such driver shall be revoked and he shall not be granted a for hire driver's license for a period of at least one year from the date of such conviction. (Ord. 3016 § 10, 1985)
5.60.140 Additional passenger—Permission required.
It is unlawful for any for hire driver to haul any additional passengers when his taxicab has been engaged for hire and is occupied already by a passenger or passengers, except with the permission of such occupying passenger or passengers. (Ord. 3016 § 11, 1985)
5.60.150 Taximeter—Requirements.
A. It is unlawful for any person to drive, operate or engage in the business of operating a taxicab unless the taxicab is equipped with a taximeter which has been inspected and approved by the chief of police. It shall be the duty of the owner, driver or any other person having possession or control of a taxicab to at all times keep such taximeter accurate and in good working condition. Prior to the installation of such taximeter, it shall be approved for operation by the chief of police or the chief of police may require the licensee to have such meter tested and inspected by another municipal agency or independent testing laboratory, and upon such approval, a written notice and lead-wire seal shall be plainly posted and attached to the taximeter for the information of the public. Such taxicab meters shall be rechecked and inspected at least annually in the same manner as the original inspection.
B. It is unlawful for any person to drive, operate or engage in the business of operating a taxicab whenever the lead-wire seal of approval has been broken, cut, removed or is missing.
C. It is unlawful for any person to fail, resist or refuse the chief of police or his duly authorized agent or representative to test and reinspect the taximeter at any time when so ordered. (Ord. 3016 § 15, 1985)
5.60.160 Taximeter—Proper positioning of flag.
It is unlawful for any driver of a taxicab while carrying passengers or under employment to display the flag attached to the taximeter at such a position as to denote that such taxicab is not employed, or to fail to throw the flag of such taximeter at a nonreading position at the termination of each and every service. (Ord. 3016 § 16, 1985)
5.60.170 Record of trips—Open to public.
Every person owning or engaged in the business of operating any taxicab shall keep a record of all trips made, together with the information required upon the passenger's receipt provided for in this chapter, which record shall be open for inspection at all reasonable times by the chief of police or city attorney, and shall cause to be carried in such vehicle the permit issued by the Department of Licenses of the state showing such vehicles to be properly bonded or insured for the protection of the public, and also the licenses and permits issued pursuant to city ordinances. (Ord. 3016 § 17, 1985)
5.60.180 Licenses suspension and revocation procedures—Appeals.
The clerk-treasurer and chief of police are authorized and directed to enforce the terms and provisions of this chapter. If it is determined that any licensee has violated or failed to comply with any provision of this chapter, the clerk-treasurer or chief of police shall make a written record of such findings, specifying therein the particulars of any such violation, and thereupon the license of any such person may be suspended or revoked for a period to be fixed by the clerk-treasurer and chief of police, in which event the license shall be surrendered to the clerk-treasurer. In case of revocation, such license shall be cancelled, and in case of suspension, it shall be returned to the licensee after expiration of the period of suspension; provided, however, such revocation for violation of any of the provisions of this chapter shall not relieve the licensee of the penalties otherwise provided for in this chapter. Any licensee whose license is revoked or suspended by the clerk-treasurer or chief of police shall have the right to appeal to the city council from any such order by filing with the city clerk a written notice thereof within five days after the entry of the order of revocation or suspension. The notice of appeal shall specify an address at which the licensee may be given notice of hearing on the appeal. After the filing of such appeal, the city clerk shall set a time and place, not more than thirty days from such notice of appeal, for hearing thereon, or such matter may be referred to the city council for hearing. At the hearing the licensee shall be entitled to appear in person and be represented by counsel and offer such evidence pertinent and material to the revocation or suspension. Upon filing of notice of such appeal, the city clerk and chief of police shall immediately submit to the city council, such records, data, reports and information as they have in their possession supporting their order of suspension or revocation. Immediately after such hearing, the city council shall determine whether the revocation or suspension shall be sustained, and its action in that respect shall be final and conclusive in all respects. From the time of filing the written notice of appeal by the licensee and until the hearing and action thereon by the city council, the order of the city clerk and chief of police relative to such suspension or revocation shall be stayed. (Ord. 3016 § 18, 1985)
5.60.190 Violation—Penalty.
Any person violating or failing to comply with any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in any sum not exceeding five hundred dollars or by imprisonment for a period not exceeding ninety days, or by both such fine and imprisonment. (Ord. 3016 § 19, 1985)