Chapter 5.80
TAXICABS – FOR HIRE VEHICLES*
Sections:
I. General Provisions
5.80.005 Purpose.
5.80.010 Scope of authority.
5.80.015 Definitions.
II. Business License
5.80.020 Required vehicle license – Issuance – Application.
5.80.030 Prerequisites.
5.80.035 Insurance.
5.80.036 Certificate of safety.
5.80.037 Vehicle standards.
5.80.038 Vehicle markings.
5.80.039 Taxicab and for-hire licensee – Responsibilities.
5.80.040 Issuance – Form – Expiration.
5.80.050 Repealed.
5.80.060 Master license – Fees – Nontransferable – Renewal.
5.80.065 Standards for denial – Taxicab or for-hire vehicle owner.
5.80.066 Standards for suspension and revocation – Taxicab or for-hire vehicle licensee.
5.80.067 Destruction, replacement, retirement of a taxicab or for-hire vehicle.
5.80.068 Surrender of vehicle license.
5.80.070 Inspection – Investigation of complaints.
III. Taxicab/For-Hire Operator’s License
5.80.080 License required – Qualifications.
5.80.090 Application.
5.80.091 Fitness of applicant.
5.80.092 Proof of citizenship or authorization to work.
5.80.093 National criminal history check and driving record check.
5.80.100 Fingerprinting – Photographs.
5.80.105 Application null and void.
5.80.110 Issuance.
5.80.130 Renewal.
5.80.140 Fee – Certificate.
5.80.143 Standards for denial of a license.
5.80.145 Standards for suspension/revocation.
5.80.146 Complaints.
5.80.150 Records to be kept by city clerk.
IV. Rates
5.80.160 Taximeter – Required – Use requirements.
5.80.170 Compliance with chapter prerequisite to operation of taxicab or for-hire business.
5.80.180 Taximeter – Required to be used.
5.80.190 Rate schedule.
5.80.200 Display of rates required.
5.80.210 Payment in advance – Refusal to carry orderly passenger prohibited – Additional passengers.
5.80.220 Settlement of disputes.
5.80.230 Excessive fares prohibited.
5.80.240 Unlawful to refuse payment.
V. Operation Requirements
5.80.250.1 Taxicab/for-hire operating standards.
5.80.250.2 Vehicle safety standards.
5.80.250.3 Conduct standards.
5.80.250.4 Driver-passenger relations standards.
5.80.250.5 Use of direct route required.
5.80.260 Records required – Inspection by state.
5.80.270 Conveyance of baggage – Cancellation of calls.
5.80.275 Refusal of service.
5.80.280 Repealed.
5.80.290 Repealed.
VI. Complaint Process
5.80.295 Passenger complaint process.
VII. Revocation/Suspension of Licenses – Hearings
5.80.300 Charges filed – Hearing date set – Notice.
5.80.310 Notice service – Hearing – Right to be heard.
5.80.320 Licenses subject to revocation – Refunds.
VIII. Penalties
5.80.400 Infraction.
5.80.410 Misdemeanors.
5.80.420 Civil penalty.
5.80.430 Additional or alternative remedy.
*For the statutory requirement of a license to carry passengers, see RCW 46.16.180; for the general provisions regarding the licensing of for-hire vehicles, see Chapter 46.72 RCW. These provisions are exempted from the operation of the business and occupation tax, Chapter 5.04 LMC.
I. General Provisions
5.80.005 Purpose.
The purpose of this chapter is to further for the public the safety, reliability, and economic viability and stability of privately operated taxicab or for-hire vehicle transportation services within the city of Longview. These matters are matters of public concern, and accordingly, this chapter is intended to protect the public as a whole and shall not be construed to create a duty toward any particular individual or groups of individuals. (Ord. 3079 § 1, 2009).
5.80.010 Scope of authority.
Unless otherwise specifically stated, binding provisions shall apply to all licensees of a taxicab or for-hire vehicle operating in the city of Longview. The licensing, the examining of the qualifications of applicants to drive taxicabs or for-hire vehicles, and the licensing of drivers as hereinafter provided shall be under the supervision of the licensing official; the inspection of taxicabs or for-hire vehicles, inspection and sealing of taxicab meters and the enforcing of the provisions of this chapter shall be under the supervision of the chief of police. (Ord. 3079 § 1, 2009; Ord. 462 § 1, 1944).
5.80.015 Definitions.
For purposes of this chapter and unless the context plainly requires otherwise:
(1) “Affiliated representative” means the individual within the service organization who has the authority to file special rates and contract agreement rates and charges for a group of affiliated taxicabs or for-hire vehicles, and who is designated as the individual responsible for the receipt of any correspondence or notices pertaining to the service organization or the taxicabs or for-hire vehicles operating within the service organization.
(2) “Approved mechanic facility” means a garage or repair facility that employs mechanics:
(a) Who have successfully passed the examinations of, and met the experience requirements prescribed by, the National Institute for Automotive Service Excellence;
(b) Who have been awarded certificates in evidence of competence satisfactory to the licensing official;
(c) Who are authorized emission specialists certified by the Washington Department of Ecology;
(d) None of whom are the owner, lessee or driver of a taxicab or for-hire vehicle or the employee of a taxicab or for-hire vehicle company; and
(e) None of whom have a financial interest in a taxicab or for-hire vehicle or taxicab or for-hire vehicle company.
(3) “Enforcement officer” means such city employee as authorized by the chief of police to enforce this chapter.
(4) “For-hire driver” means any person in control of, operating or driving a taxicab or for-hire vehicle and includes a lease driver, owner-operator or driver of taxicabs or for-hire vehicles as an employee; provided, however, that the provisions of this chapter shall not apply to drivers of motor vehicles operated by any municipal or privately owned, licensed transit system.
(5) “For-hire vehicle” means and includes every motor vehicle used for the transportation of passengers for hire and not operated exclusively over a fixed and definite route, except:
(a) Taxicabs;
(b) Passenger vehicles carrying passengers on a noncommercial enterprise basis;
(c) Vehicles or operators expressly exempt by the Revised Code of Washington from city regulation;
(d) Operators of charter boats.
(6) “He” means and includes in all references either he or she.
(7) “His” means and includes in all references either his or her.
(8) “Independent taxicab” means a taxicab that is not affiliated with a service organization.
(9) “Lease driver” means a for-hire driver who is an independent contractor or sole proprietor and who has a taxicab or for-hire vehicle lease contract or other form of agreement with a taxicab or for-hire vehicle owner or service organization.
(10) “Lessor” means an owner of a taxicab or for-hire vehicle who leases, by contract or other form of agreement, to a lease driver.
(11) “Licensee” means all applicants, including for-hire drivers, vehicle owners and service organizations, including the affiliated representative required to license under this chapter.
(12) “Licensing official” means such city employee as the city manager designates or the chief of police if not otherwise specified by the city manager.
(13) “Motor vehicle” means every 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 rail tracks or propelled by the use of overhead electric wires, or for 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.
(14) “Regular fare” means the fare as prescribed by resolution of the city council.
(15) “Service organization” means a group of taxicabs or for-hire vehicles owned or operated by the same or various owners and using the same color scheme, trade name and dispatch services, and having an affiliated representative.
(16) “Taxicab” means every motor vehicle used for the transportation of passengers for hire, where the route traveled or destination is controlled by a customer and the fare is based on an amount recorded and indicated on a taximeter or on a special fare rate or contracted agreement as permitted by this chapter.
(17) “Taxicab vehicle owner” means the registered owner of the vehicle as defined in RCW 46.04.460, as now or hereafter amended.
(18) “Taximeter” means any instrument or device by which the charge for hire of a passenger-carrying vehicle is mechanically measured or calculated either 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.
(19) “To engage in the business of operating,” “to operate,” “operate,” “operating,” “engaged in the business of operating,” a taxicab or for-hire vehicle, include but are not limited to the stationing of said vehicles within or the dispatching of said vehicles from within the city. (Ord. 3079 § 1, 2009).
II. Business License
5.80.020 Required vehicle license – Issuance – Application.
(1) It is unlawful to own or operate, advertise, or engage in the business of operating a taxicab or for-hire vehicle in the city of Longview without first having obtained, for each and every vehicle so used, a taxicab or for-hire vehicle license.
(2) Repealed by Ord. 2705.
(3) Applications for license for taxicabs or for-hire vehicles shall be made by the owner of the vehicle to be used as a taxicab or for-hire vehicle upon forms to be furnished by the licensing official. Such applications shall contain the following:
(a) The full name of the applicant, date of birth, Social Security number, business address, home address, phone number, and any other applicant information that may be reasonably required by the licensing official;
(b) If the applicant is a corporation, the corporation name, corporation’s business address and telephone number, full names, titles, dates of birth, Social Security numbers, home addresses and phone numbers of each officer, and the name, address, date of birth, and phone number of the registered agent of the corporation, and any other corporation information as may be reasonably required;
(c) Vehicle information including the name and number the taxicab or for-hire vehicle will be operating under, the make, model, year, vehicle identification number, Washington State license number, and any other vehicle information as may be reasonably required by the licensing official; and
(d) For each vehicle, the following:
(i) State of Washington for-hire certificate;
(ii) State of Washington vehicle registration;
(iii) Certificate of insurance as required in LMC 5.80.035;
(iv) Certificate of safety as required in LMC 5.80.036;
(v) Vehicle standards have been met as required in LMC 5.80.037; and
(vi) Other documents as may be reasonably required by the licensing official. (Ord. 3079 § 1, 2009; Ord. 2705 § 1, 1998; Ord. 462 § 2, 1944).
5.80.030 Prerequisites.
No taxicab or for-hire vehicle shall be licensed unless satisfactory evidence has been furnished that RCW 46.72.040 and 46.72.050 have been complied with and the following minimum requirements have been met:
(1) Must meet the color scheme and vehicle markings requirements as approved by the licensing official as set forth in LMC 5.80.038;
(2) Must be properly insured as required by LMC 5.80.035;
(3) Must meet the safety standards as required in LMC 5.80.036;
(4) A taximeter has been installed in a taxicab in compliance with LMC 5.80.160;
(5) Must meet the vehicle standards as required in LMC 5.80.037;
(6) The applicant is a minimum of 18 years of age and has possessed a valid motor vehicle driver’s license for a minimum of four years as verified by government-issued documentation that includes a photograph;
(7) The applicant presents documentation, as required by the United States Department of Homeland Security, United States Citizenship and Immigration Services, that the applicant is authorized to work and/or own a business in the United States; and
(8) Complete information and documentation is provided, as determined by the licensing official, pursuant to LMC 5.80.020. (Ord. 3079 § 1, 2009; Ord. 1200 § 1, 1964; Ord. 462 § 3, 1944).
5.80.035 Insurance.
(1) The applicant shall provide an insurance policy declaration or insurance binder proving compliance with Chapter 46.72 RCW, as now or hereafter amended, for each taxicab or for-hire vehicle to be licensed. The policy declaration or insurance binder shall also provide that the insurer notify the licensing official of any cancellation, in writing, at least 30 days before cancellation of the policy;
(2) The policy shall be issued by an admitted carrier in the state of Washington with at least an A financial rating by A.M. Best, but the licensing official may temporarily suspend either or both of these requirements if no other viable insurance options are available to the industry;
(3) The city of Longview, its officers, officials, agents, and employees, shall be named as an additional insured. The applicant shall provide a copy of the additional insured endorsement;
(4) The policy shall not include self-insured retention, nonstandard deductibles, aggregate limits, territorial restrictions, named driver requirements or any other provisions that limit insurance coverage;
(5) All applicants shall maintain a policy of underinsured motorist coverage which runs to the benefit of passengers. Proof of compliance will be a policy declaration or a binder of insurance indicating a minimum coverage of $50,000 per person, and $100,000 per accident;
(6) If an insurance policy is cancelled, proof of a new policy must be filed before the date of cancellation or the taxicab or for-hire vehicle license is automatically suspended and must be surrendered to the licensing official. (Ord. 3079 § 1, 2009).
5.80.036 Certificate of safety.
The certificate of safety required in LMC 5.80.020 shall be performed by an approved mechanic facility as defined in this chapter. Such inspection shall ensure the mechanical and structural integrity of the vehicle and shall include:
(1) Adequate braking system including emergency or auxiliary as per the manufacturer’s allowable tolerance;
(2) Adequate suspension system to prevent excessive motion when the vehicle is in operation;
(3) Adequate steering system as per the manufacturer’s allowable tolerance;
(4) Exhaust system that is free of leaks, defects, or tampering and that meets state of Washington motor vehicle emissions standards;
(5) No fluid leaks, including but not limited to motor oil, antifreeze, transmission fluid, and brake fluid;
(6) No excessive noise;
(7) Mechanically sound; and
(8) Front end aligned. (Ord. 3079 § 1, 2009).
5.80.037 Vehicle standards.
No taxicab or for-hire vehicle shall be operated unless it meets the minimum vehicle standards as prescribed in this section. Each taxicab or for-hire vehicle shall be inspected by the licensing official, or his designee, before it is placed into service and thereafter annually. No taxicab or for-hire vehicle shall be operated without having passed inspection within the last six months. The inspection required by this section and the vehicle operating standards shall include the following:
(1) Current taxicab or for-hire vehicle license displayed as prescribed by the licensing official;
(2) Rate posting, numbers and letters displayed as prescribed by the licensing official;
(3) Color scheme, decals and insignias as approved by the licensing official;
(4) Windshield wiping blades, switch and defroster, all fully operational;
(5) Mirrors, rear and side view (two) adjustable, and free of cracks or defects;
(6) The taxicab or for-hire vehicle must be equipped with at least four doors, and all door latches shall be operable from both the interior and exterior of the vehicle;
(7) The windshield shall be without cracks, chips or defects that could interfere with the driver’s vision. All other windows shall be intact and able to be opened and closed as intended by the manufacturer. The windows and windshield shall be maintained in a clean condition so as not to obstruct visibility;
(8) Adequate emergency braking system;
(9) Headlights shall be operable on both high and low beam. Taillights, parking lights, signal lights, back-up lights, license plate lights, emergency flashers, and interior lights shall all be operable and properly covered with factory equivalent lenses;
(10) Tires, including spare, shall be properly inflated, and have a minimum tread depth of 2/32 inches as determined by a gauge, on all surfaces contacting the road, and free of visible defects;
(11) No loose items on the taxicab or for-hire vehicle dashboard or rear shelf;
(12) Horn fully operational;
(13) Interior panels free of rips or tears, interior lights, dashboard instruments and lights operating properly;
(14) Floor covering on all floor areas, no metal showing, and no torn or ripped floor mats;
(15) Upholstered area and headliner to have no rips, torn seams, holes, or burns;
(16) Seats shall be unbroken, fastened securely, and have no exposed springs, wire, or framework;
(17) Seat belts shall be functional and readily available for passenger use;
(18) Pedals shall have rubber pads with no metal showing;
(19) The trunk or luggage areas must be covered either with a factory covering or a floor carpet. This covering or carpet shall be maintained in a clean condition, free of foreign matter, offensive odors, and litter. The trunk or luggage area shall contain only the following items:
(a) A spare tire (inflated);
(b) Those tools or accessories necessary for the safe operation of the taxicab or for-hire vehicle;
(c) Those items necessary for vehicle cleaning and passenger safety and/or convenience; and
(d) A serviceable tire jack;
(20) Bumpers and body molding must be in good condition and properly attached as the manufacturer intended;
(21) General body is to be free of noticeable dents, rust or holes which would impair the appearance of serviceability of the vehicle. A violation of this section is deemed to have occurred any time one or more of the following exists:
(a) There are any visible dents which exceed three square feet in any single area of the exterior surface of the taxicab or for-hire vehicle; provided, that the deepest point of depression is three-quarters of an inch deep or greater; or
(b) There are any visible dents which exceed four square feet of the total exterior surface of the taxicab or for-hire vehicle; provided, that the deepest point of depression is three-quarters of an inch deep or greater; or
(c) There are any visible dents which exceed six lineal feet of the total exterior surface of the taxicab or for-hire vehicle; provided, that the deepest point of depression is three-quarters of an inch deep or greater; or
(d) There are any areas of the exterior surface of the taxicab or for-hire vehicle that contain a hole larger than six square inches; or
(e) There is a visible dent which exceeds 12 inches square; provided, that the deepest point of depression is more than two inches;
(22) Wheels and rims straight and aligned properly. Wheels must have hubcaps or covers. Rims are to be of uniform color;
(23) Two-way radio dispatch or telephone operational;
(24) Meter sealed and functioning per the requirements of LMC 5.80.160;
(25) Functional heater, defroster, and fan;
(26) Decals, posters, or any other material shall not be placed on the windows or windshield so as to obscure the driver’s or passenger’s view;
(27) A top light that is activated when the taxicab is available for passengers and deactivated when not available for passengers, by the use of the meter; size of the top light shall be as prescribed by the licensing official (this subsection applicable to a taxicab only); and
(28) Other reasonable requirements as may be determined by the licensing official. (Ord. 3079 § 1, 2009).
5.80.038 Vehicle markings.
(1) The licensing official shall, in the interest of protecting the public from being deceived or confused, have the exclusive control in the granting of permission to use any color scheme, design, or monogram by any taxicab and/or taxicab service organization or for-hire vehicle(s).
(2) Taxicab and/or for-hire vehicle owners shall file the color scheme the taxicab or for-hire vehicle will be operating under on forms provided for the same including two two-inch by two-inch sample color chips.
(3) Every taxicab or for-hire vehicle licensed under the provisions of this chapter shall have the name of its owner or firm name plainly painted in letters at least two inches in height in a conspicuous place on each side of said vehicle and shall have a number at least six inches in height plainly painted on the rear of each such vehicle. (Ord. 3079 § 1, 2009).
5.80.039 Taxicab and for-hire licensee – Responsibilities.
It is the responsibility of each taxicab or for-hire vehicle licensee to ensure that the following conditions or requirements are met and continually maintained:
(1) Proof of insurance as required in LMC 5.80.035 is on file with the licensing official;
(2) Any person driving, operating, in control of or any lessee of the taxicab or for-hire vehicle has been issued a taxicab/for-hire operator’s license in accordance with this chapter;
(3) The taxicab or for-hire vehicle meets the safety standards as set forth in LMC 5.80.036 at all times;
(4) The taxicab or for-hire vehicle meets the vehicle standards as set forth in LMC 5.80.037 at all times the vehicle is operating;
(5) The taxicab or for-hire vehicle owner(s) shall maintain a business address and a mailing address where he/they can accept mail, and a business telephone in working order that can be answered during normal business hours, Monday through Friday, and during all hours of operation. (Ord. 3079 § 1, 2009).
5.80.040 Issuance – Form – Expiration.
If the prerequisites have been met in accordance with LMC 5.80.030 and other applicable provisions of this chapter, as determined by the licensing official, and upon payment of the license fee hereinafter set forth, the same shall be licensed by delivering to the owner a card of such size and form as may be prescribed by the licensing official. All taxicab and for-hire licenses shall expire on December 31st of each year. (Ord. 3079 § 1, 2009; Ord. 1200 § 2, 1964; Ord. 462 § 4, 1944).
5.80.050 Vehicle markings.
Repealed by Ord. 3079. (Ord. 462 § 5, 1944).
5.80.060 Master license – Fees – Nontransferable – Renewal.
(1) A service organization master license shall be procured by any firm, corporation, partnership, association or individuals managing the operation of any taxicab, for-hire vehicle or group of taxicabs or for-hire vehicles in the city as defined in LMC 5.80.015(15). The license fee for each such service organization master license shall be $200.00 for the calendar year or remaining portion thereof in which the same is taken and, in addition thereto, the license fee shall be $20.00 for said period of time for each taxicab or for-hire vehicle licensed, except that in case of licenses issued on or after July 1st of each year only one-half of the above-mentioned fees shall be paid. The licensing official shall issue a service organization master license upon the service organization complying with all the terms and requirements of LMC 5.80.020 and 5.80.030 have been met.
(2) A master license shall be procured for any other taxicab or for-hire vehicle not within the definition of a service organization vehicle. The license fee for each such master license shall be $100.00 for the calendar year or remaining portion thereof in which the same is taken and, in addition thereto, the license fee shall be $20.00 for said period of time for each taxicab or for-hire vehicle licensed, except that in case of licenses issued on or after July 1st of each year, only one-half of the above-mentioned fees shall be paid. The licensing official shall issue a master license upon compliance with all the terms and requirements set forth in LMC 5.80.020 and 5.80.030.
(3) Such licenses shall not be transferable. Any unlawful transfer of the license shall be a misdemeanor.
(4) A renewal of a service organization master license or master license may be obtained upon submission of a renewal application, duly signed by the authorized agent or applicant and notarized thereof, and there is proof of continued compliance with LMC 5.80.030 to the satisfaction of the licensing official. Upon approval of the licensing official, the licensing official shall issue a renewed service organization master license or master license, whichever is applicable. A late penalty of $75.00 shall be charged on all renewals of a license received later than 10 working days after the expiration date of such license. (Ord. 3079 § 1, 2009; Ord. 524 § 1, 1947; Ord. 462 § 6, 1944).
5.80.065 Standards for denial – Taxicab or for-hire vehicle owner.
(1) The licensing official shall deny any taxicab or for-hire vehicle owner license application, or renewal thereof, if he determines that the applicant, or, if a corporation, any of the officers or registered agent:
(a) Has made any material misstatement in the application, or renewal thereof, for a license;
(b) Fails to meet any of the applicant or vehicle requirements of a taxicab or for-hire vehicle owner licensee;
(c) Has had a bail forfeiture or conviction for crimes pertaining to alcohol or controlled substances within seven years of the date of application where such crime involved the use of a taxicab or for-hire vehicle;
(d) Has been convicted of a sex offense or has been charged with a sex offense;
(e) If any of the crimes stated in this section are pending, such application shall not be considered for approval until the criminal case is resolved.
(2) The licensing official may deny any taxicab or for-hire vehicle owner license application if he determines that the applicant:
(a) Has had a bail forfeiture or conviction involving crimes reasonably related to the applicant’s ability to operate a taxicab or for-hire business, including but not limited to prostitution, gambling, fraud, larceny, extortion, and income tax evasion; provided, that such bail forfeiture or conviction was within seven years of the date of application;
(b) Has been found to have exhibited past conduct in driving or operating a taxicab or for-hire vehicle or operating a taxicab or for-hire business which would lead the licensing official to reasonably conclude that the applicant will not comply with the provisions of the chapter related to vehicle requirements and the safe operation of the vehicle;
(c) Engaged in the business of operating any taxicab or for-hire vehicle for which a license is required while unlicensed or while such license was suspended or revoked.
If any of the crimes stated in this section are pending, such application may not be considered for approval until such criminal case is resolved. (Ord. 3079 § 1, 2009).
5.80.066 Standards for suspension and revocation – Taxicab or for-hire vehicle licensee.
(1) A taxicab or for-hire vehicle owner’s license shall be immediately suspended if:
(a) At any time the insurance as required in LMC 5.80.035 expires, lapses, is cancelled or is revoked;
(b) The taximeter security seal is missing, broken or tampered with;
(c) The licensing official places the vehicle out of service for a violation of a vehicle standard which is found to be an immediate safety hazard and summary suspension is necessary to prevent a clear, substantial and imminent hazard to life, safety, or property;
(d) The vehicle owner fails to comply with a written notice of violation or notice of correction within the prescribed time;
(e) It is discovered after license issuance, or renewal thereof, that the applicant or, if the applicant is a corporation, any of the officers or registered agent, failed to meet the applicant qualifications or that the vehicle failed to meet the vehicle qualifications at the time the license was issued.
(2) The licensing official may suspend or revoke a taxicab or for-hire owner’s license if he determines that the licensee has:
(a) Received a conviction or bail forfeiture for a crime that would be grounds for denial as set forth in LMC 5.80.045(1);
(b) Been found to have exhibited a record that would lead the licensing official to reasonably conclude that the taxicab or for-hire vehicle owner licensee would not comply with the provisions of the chapter related to vehicle standards or operating requirements;
(c) Allowed the operation of a taxicab or for-hire vehicle that does not meet the safety standards or vehicle standards as set forth in this chapter;
(d) Submitted a safety inspection form that was not completed by an approved mechanic facility as defined in this chapter. (Ord. 3079 § 1, 2009).
5.80.067 Destruction, replacement, retirement of a taxicab or for-hire vehicle.
(1) The taxicab or for-hire vehicle owner shall notify the director within five working days whenever a taxicab or for-hire vehicle is destroyed, rendered permanently inoperable, or is sold.
(2) A replacement vehicle must be placed in service within 60 days of the date the original vehicle is removed from service unless prior written permission has been obtained from the licensing official. It is the intent of this section that the licensing official in granting such permission give due consideration to the operating situation of the permit holder on a case-by-case basis. The following guidelines are to be used in granting permission for a permit holder to take longer than 60 days in placing a replacement vehicle in service:
(a) The licensee must submit a written request for an extension of time, stating the specific reason additional time is required and identifying a plan and timetable for placing the replacement vehicle in service. Written documents sufficient to substantiate the factual information contained in the request should also be submitted;
(b) The plan and timetable submitted must reflect a reasonable approach for placing the vehicle in service within the shortest possible time frame;
(c) An additional period of time not to exceed 60 calendar days may be granted to a permit holder in case of a severe personal illness or other similar hardship;
(d) An additional period of time not to exceed 30 calendar days may be granted to a licensee in case of extensive vehicle repairs or other similar reason;
(e) No extensions will be granted to any permit holder who is unable to meet the basic operational costs, including liability insurance, regulatory fees, and normal maintenance and repairs, of operating a taxicab or for-hire vehicle;
(f) No more than one extension in time will be granted for each vehicle permit during its license year (January 1st through December 31st).
(3) When a permit holder permanently retires any taxicab or for-hire vehicle from service and does not replace it within 60 days, the permit for each retired vehicle shall be considered abandoned and null and void. The permit holder shall immediately surrender each related taxicab or for-hire license to the director. Such abandoned permits may not be restored or transferred by any means. (Ord. 3079 § 1, 2009).
5.80.068 Surrender of vehicle license.
When a vehicle has been placed out of service, or a taxicab or for-hire vehicle license has been suspended or revoked, the operation of the taxicab or for-hire vehicle must cease, and the taxicab or for-hire vehicle license surrendered immediately to the licensing official. (Ord. 3079 § 1, 2009).
5.80.070 Inspection – Investigation of complaints.
The chief of police and police department shall maintain control over all taxicabs and vehicles for hire to see that they are kept in a condition of continued fitness for public use, and to this end he and his officers shall inspect all taxicabs or for-hire vehicles on the complaint of any citizen, or from time to time as they may deem necessary or convenient. Complaints will be processed in accordance with LMC 5.80.295. (Ord. 3079 § 1, 2009; Ord. 462 § 7, 1944).
III. Taxicab/For-Hire Operator’s License
5.80.080 License required – Qualifications.
Every person driving a taxicab or a for-hire vehicle must be licensed as such and it shall be unlawful not to be so licensed. Each applicant for a driver’s license shall at the minimum meet the following requirements:
(1) Be a minimum of 18 years of age and have possessed a valid motor vehicle driver’s license for a minimum of four years as verified by government-issued documentation that includes a photograph;
(2) Be of sound physique, with good eyesight, and not subject to epilepsy, vertigo, heart trouble, or any other infirmity of body or mind which might render him unfit for the safe operations of a taxicab or vehicle for hire, with such verified in conformance with LMC 5.80.091;
(3) Be able to speak the English language;
(4) Be clean of dress and person;
(5) Complete an application as required under LMC 5.80.090;
(6) Possess a valid state of Washington driver’s license; and
(7) Provide proof of citizenship or authority to be employed in the United States in conformance with LMC 5.80.092. (Ord. 3079 § 1, 2009; Ord. 507 § 1, 1946; Ord. 462 § 8, 1944).
5.80.090 Application.
The application shall be in a form provided by the licensing official, which shall be signed by the applicant and his signature thereof notarized, and then filed with the licensing official. The form shall include the following:
(1) His full name;
(2) Residential address;
(3) Age, race, height, color of eyes and hair;
(4) Place of birth and length of time he has resided in the city;
(5) Whether a citizen of the United States or otherwise authorized to be employed in the United States in conformity with LMC 5.08.092;
(6) Whether he has been convicted of a felony or a misdemeanor. The application shall also include the consent by the applicant for the licensing official to obtain a nationwide criminal history check of the applicant in conformance with LMC 5.08.093;
(7) Whether he has been previously licensed as a taxicab or for-hire driver, and if so, when and where;
(8) Whether his driver’s license or a taxicab or for-hire license has ever been revoked and for what cause. The application shall also include the consent by the applicant for the licensing official to obtain a check of the Washington State driving record of the applicant in conformance with LMC 5.08.093. (Ord. 3079 § 1, 2009; Ord. 507 § 2, 1946; Ord. 462 § 9, 1944).
5.80.091 Fitness of applicant.
Every applicant for a driver’s license under the provisions of this chapter shall present to the licensing official satisfactory evidence of his fitness to operate a taxicab or vehicle for hire before a license shall be issued to him. At a minimum the evidence of his fitness shall be a letter from a licensed physician or physician’s assistant confirming he is medically fit to drive a taxicab or vehicle for hire and is free from epilepsy, vertigo, heart trouble or any other infirmity of body or mind which might render him unfit for the safe operations of a taxicab or vehicle for hire, as well as a letter from an ophthalmologist confirming his eyesight is appropriate for the driving of a taxicab or vehicle for hire. If, in the opinion of the licensing official, he fails to provide sufficient evidence of his fitness, his application shall be denied. The medical and eye examinations shall be required upon the initial application, and a minimum of every two years thereafter; provided, the licensing official may at any time at his discretion require any taxicab or for-hire vehicle licensee or applicant to be re-examined if it appears that the licensee has become physically or mentally incapacitated to a degree so as to render the applicant or licensee unfit for a taxicab/for-hire operator’s license. Further, any person licensed under this chapter must promptly report to the licensing official any bout of epilepsy, vertigo, heart trouble or any other infirmity of body or mind which might render him unfit for the safe operations of a taxicab or vehicle for hire and/or any condition of his eyesight not appropriate for the driving of a taxicab or vehicle for hire, and not operate any taxicab or for-hire vehicle until he has obtained evidence of his fitness and provided it to the licensing official, as set forth herein, to continue to operate a taxicab or for-hire vehicle. (Ord. 3079 § 1, 2009).
5.80.092 Proof of citizenship or authorization to work.
Proof of citizenship or authorization to be employed in the United States shall be in the form as set forth by the United States Department of Homeland Security, United States Citizenship and Immigration Services. (Ord. 3079 § 1, 2009).
5.80.093 National criminal history check and driving record check.
Every applicant for an initial or renewal of a taxicab or for-hire operator’s license must authorize a national criminal history background check and state driving record check; the applicant shall pay the cost, if any, for such check. The applicant’s request for a taxicab or for-hire operator’s license shall be denied under the following:
(1) If the applicant has ever forfeited bail or been convicted of the following crimes pertaining to:
(a) Any sex offense, including, but not limited to, rape, child molestation, but except as specifically identified in this section;
(b) Any crime of felony assault, including, but not limited to, murder, homicide by abuse, manslaughter, vehicular homicide, kidnapping, rape;
(c) Any crime of felony arson;
(d) Any felony driving violation;
(e) Any felony crime involving the unlawful taking of the property of another, including, but not limited to, robbery, burglary, fraud, larceny, extortion, embezzlement, identity theft;
(f) Any felony controlled substance violation;
(g) Any crime of leading organized crime;
(h) Any crime of placing or using explosive substances (see Chapter 70.74 RCW);
(i) Two or more charges of driving under the influence of alcohol or drugs;
(j) Rendering criminal assistance to any person committing any of the crimes identified in this section; or
(k) Any other felony that is of a severe nature against the personal or financial safety of another as determined by the licensing official.
(2) If the applicant has been convicted of, or forfeited bail to, the following crimes in the last seven years:
(a) Any gross misdemeanor driving violation;
(b) Any crime of, or similar to, theft (not a felony);
(c) Any crime of, or similar to, assault (not a felony);
(d) Any crime of, or similar to, against the property of another (not a felony);
(e) Any crime related to prostitution (not a felony);
(f) Any gross misdemeanor or misdemeanor drug or alcohol violation;
(g) Any gambling violation (not a felony);
(h) Any other gross misdemeanor or misdemeanor that is a crime against the person or financial safety of another as determined by the licensing official.
The definitions for the crimes identified herein shall be those as defined in the Revised Code of Washington, or where applicable, as defined by federal law. When interpreting the criminal history of another jurisdiction outside the state of Washington, the crime for which there is a bail forfeiture or criminal conviction shall be considered in the same context as a like or similar crime in the state of Washington. (Ord. 3079 § 1, 2009).
5.80.100 Fingerprinting – Photographs.
Every applicant for a taxicab or for-hire operator’s license must submit to fingerprinting by the police department and must file with his application two recent photographs of himself of a size designated by the licensing official and which may be easily attached to his license, one of which shall be so attached when issued; the other shall be filed with the application. The photograph shall be so attached to the license that it cannot be removed and another photograph substituted without probability of detection. Each licensed driver shall upon demand of the license inspector, policeman or a passenger, exhibit his license and photograph for inspection. The photos required under this section shall be updated a minimum of every five years. (Ord. 3079 § 1, 2009; Ord. 462 § 10, 1944).
5.80.105 Application null and void.
All applications for taxicab/for-hire operator’s license shall become null and void after 60 days from the date of filing if the applicant, for any reason, fails or neglects to complete the application process or obtain a license. (Ord. 3079 § 1, 2009).
5.80.110 Issuance.
Upon satisfactory fulfillment of the requirements in LMC 5.80.080 through 5.80.100, there shall be issued to the applicant a taxicab/for-hire operator’s license, which shall be in such form as prescribed by the licensing official, to contain the photograph and signature of the licensee. The taxicab/for-hire operator’s licenses shall be issued for the calendar year. (Ord. 3079 § 1, 2009; Ord. 462 § 11, 1944).
5.80.130 Renewal.
A taxicab/for-hire operator’s license may be renewed from year to year by applying for a renewal of his license upon a form to be furnished by the licensing official, signed by the applicant, and his signature thereof notarized, for a renewal of the license. Such form shall contain information and waivers necessary for the update of the information set forth in LMC 5.80.090 through 5.80.093. Further, the applicant for a renewal shall also update his proof of fitness under LMC 5.80.092 a minimum of every three years (unless otherwise required under LMC 5.80.092) and photos required under LMC 5.80.100 a minimum of once every five years. A late penalty of $50.00 shall be charged on all applications for renewal of a license received later than 10 working days after the expiration date of such license. (Ord. 3079 § 1, 2009; Ord. 462 § 13, 1944).
5.80.140 Fee – Certificate.
The license fee for a taxicab/for-hire operator’s license, and any renewal thereof, shall be $10.00, plus the cost of a national criminal history check and Washington State driving record check per LMC 5.80.093, per year which shall be paid to the licensing official. Upon receipt of such fee and approval of the issuance or renewal of the license by the licensing official, the clerk shall issue to the applicant a certificate of taxicab/for-hire license. Such certificate shall not be transferable; an unlawful transfer of a certificate of taxicab/for-hire operator’s license shall be a misdemeanor. (Ord. 3079 § 1, 2009; Ord. 1567 § 1, 1972; Ord. 550 § 1, 1948; Ord. 462 § 14, 1944).
5.80.143 Standards for denial of a license.
An application, or renewal thereof, shall be denied a taxicab/for-hire operator’s license if the licensing official determines that the applicant:
(1) Has made any material misstatement in the application for a license;
(2) Fails to meet any of the qualifications of a taxicab or for-hire vehicle driver;
(3) Meets any of the criteria set forth in LMC 5.80.093;
(4) Has been found to have exhibited past conduct in driving or operating a taxicab or for-hire vehicle that would lead the licensing official to reasonably conclude that the applicant will not comply with the provisions of the chapter related to driver and operator conduct and the safe operation of the vehicle;
(5) Has been found to have exhibited a past driving record that would lead the licensing official to reasonably conclude that the applicant would not operate the taxicab or for-hire vehicle in a safe manner; or
(6) Any other reason as specifically set forth in this chapter. (Ord. 3079 § 1, 2009).
5.80.145 Standards for suspension/revocation.
A taxicab/for-hire operator’s license shall be immediately suspended/null and void if:
(1) At any time his Washington State driver’s license is suspended or revoked;
(2) It is discovered after license issuance that he fails to meet the qualifications of a taxicab/for-hire operator’s license as set forth in LMC 5.80.080 or 5.80.130;
(3) He is found, regardless of a conviction or bail forfeiture, to be in possession of a controlled substance or alcohol while in control of or while operating any taxicab or for-hire vehicle. (Ord. 3079 § 1, 2009).
5.80.146 Complaints.
Any complaints by a passenger shall be handled in accordance with LMC 5.80.295, except for fare disputes set forth in LMC 5.80.220. (Ord. 3079 § 1, 2009).
5.80.150 Records to be kept by city clerk.
There shall be kept by the city clerk a complete record of each license issued pursuant to this chapter to a driver, and of all renewals, suspensions and revocations thereof, which record shall be kept on file with the original application for a license. (Ord. 3079 § 1, 2009; Ord. 462 § 15, 1944).
IV. Rates
5.80.160 Taximeter – Required – Use requirements.
(1) Every taxicab shall have affixed thereto a taximeter of a size and design approved by the licensing official.
(2) Every taximeter shall be installed at the right side of the driver, either adjoining the cowl or dashboard of the taxicab.
(3) The taximeter shall be in such a condition as to not be over five percent incorrect to the prejudice of any passenger.
(4) The taximeter must have the capacity of storing the following information:
(a) Total trips;
(b) Total paid miles;
(c) Total miles operated;
(d) Total number of fare units and/or fare dollars;
(e) Total number and/or dollars for extras.
(5) No license shall be issued for a taxicab until the taximeter attached thereto shall have been inspected and found to be accurate unless the installation of a taximeter thereto shall have been duly waived for cause as above provided. Upon satisfactorily passing the meter inspection, a written notice shall be plainly posted and a security seal attached to the taximeter as prescribed by the licensing official.
(6) A taxicab driver shall assure that the meter reading is visible from a normal passenger position at all times. After sundown the face of every taximeter shall be illuminated by a suitable light so arranged as to throw a continuous steady light thereon and be readily discernible by passengers.
(7) A taxicab driver must activate the taximeter at the beginning of each trip and deactivate the taximeter upon completion of the trip. “Beginning of a trip” means the point where the passenger is seated and the forward motion of the vehicle begins.
(8) A taxicab or for-hire driver shall ensure the rates are posted as set forth in LMC 5.80.200.
(9) A taxicab or for-hire driver shall complete trip sheets and shall show all trips in an accurate and legible manner as each trip occurs.
(10) A taxicab or for-hire driver shall complete all items on tripsheets including:
(a) Driver’s name and license number;
(b) Company name (if applicable) and vehicle name and number;
(c) Beginning and ending odometer reading;
(d) Beginning and ending time of each shift worked;
(e) Date, time, place or origin, and dismissal of each trip;
(f) Fare collected;
(g) Number of passengers;
(h) “No-shows.”
(11) A taxicab or for-hire driver shall allow the licensing official to inspect the daily trip sheet at any time while driving, in control of or operating a taxicab or for-hire vehicle.
(12) No persons shall use or permit to be used or drive for a taxicab equipped with a taximeter the case of which is unsealed and not having its cover and gear intact.
(13) No driver of a taxicab, while carrying passengers or under employment, shall display the signal affixed to the taximeter in such a position as to denote such vehicle is not employed, or in such position as to denote that it is employed at a rate of fare different from that to which the driver is entitled under the provisions of this chapter. It shall be the duty of the driver to call the attention of the passengers to the amount registered and the taximeter shall not be changed until after the fare is paid.
(14) Provided, that if the installation of a taximeter shall have been duly waived as above provided, each passenger shall be given a ticket by the driver at the end of the trip showing the mileage of the trip in one-thirds of a mile, the total fare charged, the date of the trip, the cab license and driver’s name and number in lieu of the above requirements with respect to taximeters.
(15) No taxicab or for-hire driver shall use or permit to be used or drive a taxicab not in compliance with the requirements of this section. (Ord. 3079 § 1, 2009; Ord. 462 § 16, 1944).
5.80.170 Compliance with chapter prerequisite to operation of taxicab or for-hire business.
It is unlawful for any person owning, operating or driving a taxicab or for-hire vehicle to operate or drive the same on a distance tariff or to use or advertise in connection therewith the words “taxi,” “taxicab,” “cab” or “for-hire vehicle” or in soliciting trade from the public or hawk such vehicle as a taxicab, taxi, cab, or for-hire vehicle unless all of the foregoing provisions of this chapter shall have been complied with and titled under the provisions of this chapter. (Ord. 3079 § 1, 2009; Ord. 462 § 17, 1944).
5.80.180 Taximeter – Required to be used.
It is unlawful for any person owning, operating or driving a taxicab to operate or drive such taxicab unless a taximeter as required in LMC 5.80.160 is used in determining the fare to be charged and no other or different fare shall be charged to the passenger than is recorded on the reading face of such taximeter for the trip, except that the hourly rate prescribed may be used at the option of the passenger after the taximeter has registered the amount equal to that of the first hour conforming to rates as provided in LMC 5.80.190; provided, that the foregoing provisions of this section shall not apply as to the installation of a taximeter in the taxicabs if such shall have been duly waived as above provided. No other rates for the distance travelled or the time charged shall be allowed, except as herein provided. (Ord. 3079 § 1, 2009; Ord. 462 § 18, 1944).
5.80.190 Rate schedule.
No person owning, operating or controlling any taxicab or vehicle for hire within the limits of the city shall charge rates in excess of those fixed by resolution of the city council. (Ord. 3079 § 1, 2009; Ord. 1567 § 2, 1972; Ord. 1417 § 1, 1969; Ord. 1163 § 1, 1963; Ord. 880 § 1, 1956; Ord. 627 § 1, 1951; Ord. 462 § 19, 1944).
5.80.200 Display of rates required.
All vehicles operating under authority of this chapter shall have the rates for the hire of the same conspicuously displayed within the passenger’s compartment readily discernible by the passenger, and the rates shall be made clear to the passenger at the time of hiring. The card herein provided for shall be of a form, size and arrangement approved by the chief of police. (Ord. 3079 § 1, 2009; Ord. 462 § 20, 1944).
5.80.210 Payment in advance – Refusal to carry orderly passenger prohibited – Additional passengers.
(1) Every driver of a taxicab or for-hire vehicle shall have the right to demand payment of the legal fare in advance and may refuse employment unless it is prepaid, but no driver of a taxicab or for-hire vehicle shall otherwise refuse or neglect to convey any orderly person or persons upon request anywhere in the city unless previously engaged or as provided in LMC 5.80.275.
(2) No driver of a taxicab or for-hire vehicle shall carry any other person than the passenger first employing the taxicab or for-hire vehicle without the consent of such passenger. (Ord. 3079 § 1, 2009; Ord. 462 § 21, 1944).
5.80.220 Settlement of disputes.
All disputes as to fares shall be determined by the licensing official or, if not on duty or available, any police officer on duty at the time, and both passenger and driver shall comply with such determination. A request for settlement of a dispute shall be made by the objecting party contacting the police department by telephoning Cowlitz County dispatch by using the nonemergency telephone number and then requesting the assistance of an officer. (Ord. 3079 § 1, 2009; Ord. 462 § 22, 1944).
5.80.230 Excessive fares prohibited.
No person owning, operating or controlling a taxicab or for-hire vehicle shall charge or attempt to charge any passenger a greater rate of fare than that to which he is entitled under the provisions of this chapter. (Ord. 3079 § 1, 2009; Ord. 462 § 23, 1944).
5.80.240 Unlawful to refuse payment.
It is unlawful for any person to refuse to pay the regular fare for a taxicab or for-hire vehicle after having hired the same. Refusal to pay the fare may be a misdemeanor or an infraction. (Ord. 3080 § 1, 2009; Ord. 3079 § 1, 2009; Ord. 462 § 27, 1944).
V. Operation Requirements
5.80.250.1 Taxicab/for-hire operating standards.
No driver shall operate a taxicab or for-hire vehicle in violation of the standards as set forth in this chapter. (Ord. 3079 § 1, 2009).
5.80.250.2 Vehicle safety standards.
(1) A driver, before starting each shift, shall check the lights, brakes, tires, steering, seat belts, taximeter seal, and other vehicle equipment to see that they are working properly. The driver shall also ensure that the state for-hire certificate, the city taxicab or for-hire vehicle license, vehicle registration and proof of insurance card are in the vehicle.
(2) A driver shall maintain the interior and the exterior of the taxicab or the for-hire vehicle in a clean condition and good repair.
(3) A driver shall not transport more passengers than the number of seat belts available nor more luggage than the taxicab or for-hire vehicle capacity will safely and legally allow.
(4) A driver shall not drive, be in control of or operate a taxicab or for-hire vehicle that does not meet the vehicle standards as set forth in this chapter.
(5) A driver shall allow the licensing official to inspect the taxicab or for-hire vehicle at any reasonable time or place. (Ord. 3079 § 1, 2009).
5.80.250.3 Conduct standards.
(1) A driver shall neither drink any alcoholic beverage while on duty or eight hours before going on duty nor have in his possession an open or unsealed container of any alcoholic beverage;
(2) A driver shall, at the end of each trip, check his or her vehicle for any article that is left behind by his or her passenger or passengers. The articles are to be reported as found property to the licensing official and are to be retained by the driver and/or his company for a minimum of 30 days before disposing of such item(s);
(3) A driver shall have in his possession a valid taxicab/for-hire operator’s license at any time he is driving, in control of or operating a taxicab or for-hire vehicle and the license shall be displayed as prescribed by the licensing official;
(4) A driver shall comply with any written notice of violation or notice of correction by the licensing official, including removal from service;
(5) A driver shall not operate a taxicab or for-hire vehicle when the taxicab or for-hire vehicle has been placed out of service by order of the licensing official;
(6) A driver shall immediately surrender the taxicab or for-hire license to the licensing official upon written notice that the vehicle is out of service;
(7) A driver shall be in control of a taxicab or for-hire vehicle for neither more than 12 consecutive hours nor for more than 12 hours spread over a total of 15 hours in any 24-hour period. Thereafter, a driver shall not drive any taxicab or for-hire vehicle until eight consecutive hours have elapsed;
(8) A driver shall operate the taxicab or for-hire vehicle with due regard for the safety, comfort and convenience of passengers;
(9) A driver shall neither solicit for prostitution nor allow the vehicle to be used for such an unlawful purpose;
(10) A driver shall not knowingly allow the taxicab or for-hire vehicle to be used for the illegal solicitation, transportation, sale or any other unlawful activity related to controlled substances;
(11) A driver shall deposit all refuse appropriately and under no circumstances may litter;
(12) A driver shall not use offensive language, expressions or gestures to any person while the driver is driving, operating or in control of a taxicab or for-hire vehicle;
(13) A driver shall not use a cell phone while a passenger is in the taxicab or for-hire vehicle, except in an emergency. (Ord. 3079 § 1, 2009).
5.80.250.4 Driver-passenger relations standards.
(1) A driver shall wear suitable clothes that are neat and clean and the driver shall be well groomed at all times while on duty.
(2) For the purposes of this section:
(a) “Neat and clean,” as it relates to clothes, means that all clothing is clean, free from soil, grease and dirt and without unrepaired rips or tears;
(b) “Suitable clothes” means full-length pants or shorts that do not come above the knee, collared shirt and shoes. It shall not be permissible for any driver to wear as an outer garment any of the following:
(i) Undershirts or underwear;
(ii) Tank tops;
(iii) Body shirts (see-through mesh);
(iv) Swimwear;
(v) Jogging or warm-up suits or sweatshirts or similar attire;
(vi) Shorts (above the knee) or trunks (jogging or bathing);
(vii) Sandals (unless secured to the foot by toes, foot, ankle and heel straps); or
(viii) Any similar clothing.
(c) “Well groomed” refers to that state of personal hygiene, body cleanliness and absence of offensive body odor normally associated with bathing or showering on a regular basis, and means that hair is neatly trimmed, beards and mustaches are groomed and neatly trimmed at all times in order not to present a ragged appearance and scalp and facial hair are combed and brushed;
(3) A driver shall not smoke while the taxicab or for-hire vehicle is occupied without the consent of all passengers;
(4) A driver shall be able to provide a reasonable and prudent amount of change, and if correct change is not available, no additional charge may be made to the passenger in attempting to secure the change; and
(5) A driver shall provide his or her customer with professional and courteous service at all times. (Ord. 3079 § 1, 2009).
5.80.250.5 Use of direct route required.
Any driver of a taxicab or for-hire car employed to carry passengers to a definite point shall take the most direct route possible that will carry the passenger safely and expeditiously to his destination. (Ord. 3079 § 1, 2009).
5.80.260 Records required – Inspection by state.
Every person owning or engaged in the business of operating any taxicab or vehicle for hire 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 Department of Licenses of the state or the licensing official, 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. 3079 § 1, 2009; Ord. 462 § 24, 1944).
5.80.270 Conveyance of baggage – Cancellation of calls.
Every person being served with a taxicab or vehicle for hire as herein provided shall be entitled to have conveyed without charge such valises or other small personal baggage as can be conveniently carried within the vehicle. Each driver shall load and unload such baggage without charge. Any person cancelling a call for a taxicab or a vehicle for hire after it has been dispatched in answer thereto may be charged prevailing rates for such taxicab or vehicle for hire. (Ord. 3079 § 1, 2009; Ord. 462 § 29, 1944).
5.80.275 Refusal of service.
A driver shall not refuse to transport any person, including a service animal as described in RCW 70.84.021, except as follows:
(1) The driver has already been dispatched on another call;
(2) The passenger is acting in a disorderly, threatening or suspicious manner, or otherwise causes the driver to reasonably believe that the driver’s health or safety, or that of others, may be endangered;
(3) The passenger cannot, upon request, show ability to pay the fare; or
(4) The passenger refuses to state a specific destination upon entering the vehicle. (Ord. 3079 § 1, 2009).
5.80.280 Cruising unlawful.
Repealed by Ord. 3079. (Ord. 462 § 28, 1944).
5.80.290 Operation while under influence of intoxicating liquor or narcotics unlawful.
Repealed by Ord. 3079. (Ord. 462 § 26, 1944).
VI. Complaint Process
5.80.295 Passenger complaint process.
(1) Upon receiving a written complaint involving the conduct of the taxicab or for-hire driver, the route of transportation, the rate charged for the transportation, or passenger injury or property damage not arising from a vehicle accident, the licensing official shall cause the following to be performed:
(a) Issue a notice of complaint to the driver and vehicle owner, and company, if applicable, advising such person of the allegations(s) made in the complaint;
(b) Require the driver, vehicle owner, and company, if applicable, to respond, in writing, to the allegations(s) in the notice of complaint within 10 days of receipt of the notice of complaint;
(c) Investigate the allegations(s) in the written complaint and the response submitted by the driver, vehicle owner, and company, if applicable;
(d) Make a finding as to the validity of the allegations(s) in the written complaint. If it is found to be a valid complaint the director shall issue a notice and order pursuant to the process described in Chapter 1.33 LMC.
(2) Failure to respond, in writing, to a notice of complaint within 10 days shall constitute a waiver of the driver’s, vehicle owner’s and company’s, if applicable, right to contest the allegations(s) in the written complaint and shall be prima facie evidence that the allegations(s) are valid.
(3) Failure to comply with any notice and order issued as a result of the above process will result in the revocation of the licenses(s) involved. Such revocation will last one year from the date the license(s) is surrendered unless otherwise required by this chapter. (Ord. 3079 § 1, 2009).
VII. Revocation/Suspension of Licenses – Hearings
5.80.300 Charges filed – Hearing date set – Notice.
(1) Licenses issued pursuant to the provisions of this chapter may be revoked or suspended by the licensing official in accordance with this chapter; provided, however, no such license shall be revoked or suspended unless charges in writing shall first be filed with the licensing official setting forth with reasonable certainty the nature of such charges against said licensee or vehicle owner.
(2) Upon the filing of charges as aforesaid the licensing official shall fix a time and place for the hearing of said charges, and a copy of the charges as filed, together with the notice of time and place of hearing, shall be served upon the licensee or vehicle owner at least five business days prior to the date fixed by the licensing official for the hearing.
(3) The hearing shall be before the hearing examiner of the city. The hearing examiner shall determine if the license should be revoked or suspended. All rules of procedures for the hearing shall be in compliance with Chapter 1.32 LMC. (Ord. 3079 § 1, 2009; Ord. 462 § 30, 1944).
5.80.310 Notice service – Hearing – Right to be heard.
(1) Any notice of violation provided for in this chapter shall be served either:
(a) By delivery of a copy personally to the licensee or vehicle owner affected; or
(b) By leaving a copy with some person of suitable age and discretion at the place of business, or, if no such person is found at such place of business, then by leaving such notice in a conspicuous place on the premises, and mailing a copy of the notice to the licensee or vehicle owner as set forth in his application, or renewal thereof, for license.
(2) If the violation is classified as an infraction and the violation is contested, the person named in the violation notice may request the licensing official set a hearing for the contested violation before the hearing examiner. The hearing must be set at least five business days after the request for the hearing. The hearing examiner will determine if the violation has been committed and if the penalty is appropriate. All rules of procedures for the hearing shall be in compliance with Chapter 1.32 LMC.
(3) At the hearing on said charges, the licensee or vehicle owner shall have the right to appear and defend the charges and, if he so desires, to be represented by council. (Ord. 3079 § 1, 2009; Ord. 462 § 30, 1944).
5.80.320 Licenses subject to revocation – Refunds.
(1) Every license issued under the provisions of this chapter shall state in substance that such license is issued in consideration of the fees paid therefor and the right of the licensing official to revoke or suspend such license pursuant to the provisions of this chapter.
(2) Upon the revocation of any license for cause, the unearned portion of the license fee shall be returned to the licensee. (Ord. 3079 § 1, 2009; Ord. 462 § 31, 1944).
Article VIII. Penalties
5.80.400 Infraction.
Violation of any provisions of this chapter shall be designated as an infraction unless otherwise specifically designated as a misdemeanor. A person cited for an infraction shall be subject to a monetary penalty up to $1,000 per violation to be directly assessed by the licensing official. A finding that an infraction has been committed shall not give rise to any other legal disability which is based upon conviction of a crime. (Ord. 3079 § 1, 2009).
5.80.410 Misdemeanors.
Violation of any of the provisions identified in this chapter as a misdemeanor shall upon conviction be punished by a fine of not more than $1,000, or by imprisonment in the county jail for not more than 90 days, or both, plus any other assessments allowed by law. (Ord. 3079 § 1, 2009).
5.80.420 Civil penalty.
In addition to or as an alternative to any other penalty provided herein or by law, any person who violates any provision of any licensing set forth herein shall be subject to a civil penalty in an amount not to exceed $1,000 per violation to be directly assessed by the licensing official. The licensing official in setting the penalty may consider the appropriateness of the penalty to the violation, the gravity of the violation, the number of past and present violations committed and the good faith of the violator in attempting to achieve compliance after notification of the violation. All civil penalties assessed will be enforced and collected. (Ord. 3079 § 1, 2009).
5.80.430 Additional or alternative remedy.
Any penalty provided for in this chapter is not exclusive and may be in addition, an alternative, and/or enforced separately to any other judicial or administrative remedy provided by law or other code or regulation. (Ord. 3080 § 2, 2009).