Chapter 5.24
TAXICABS
Sections:
5.24.010 Definitions.
5.24.020 Inspection – License issuance.
5.24.030 License fee.
5.24.040 License – Application.
5.24.050 Driver’s rights and restrictions.
5.24.060 Bond and taximeter required.
5.24.070 Taximeter requirements.
5.24.080 Condition of vehicles and equipment.
5.24.090 Trip log.
5.24.100 Rates.
5.24.110 Posting of schedule of fares.
5.24.120 Settlement of disputes.
5.24.130 Inspection of taxicabs.
5.24.140 Driver’s license.
5.24.150 Qualifications for driver’s license.
5.24.160 Application.
5.24.170 Fingerprints and photographs of applicants.
5.24.180 Issuance of driver’s license.
5.24.190 Form of driver’s license.
5.24.200 Driver’s license fee.
5.24.210 Suspension and revocation of driver’s license.
5.24.220 Driver’s requirements.
5.24.230 Unearned license fee to be refunded.
5.24.240 Filing of rates.
5.24.010 Definitions.
For the purpose of this chapter, words and phrases used herein mean as follows:
“Driver” and “operator” mean the person physically engaged in driving a taxicab, whether or not said person is the owner of or has any financial interest in the ownership of said vehicle.
“Persons” mean and include all natural persons of either sex, firms, partnerships and corporations, whether acting by themselves or whether by a servant, agent or employee.
“Taxicab” means every motor vehicle held for public hire as a common carrier, usually for transportation of individuals, subject to call by the public generally not operating over a fixed route or between fixed termini. (Ord. 1177 § 1, 1952).
5.24.020 Inspection – License issuance.
The licensing and inspection of taxicabs, inspection and sealing of taximeters, the examining of the qualifications of applicants for licenses
to drive taxicabs and the licensing of drivers as hereinafter provided, and the enforcing of the provisions of this chapter shall be under the supervision and control of the police department.
All licenses shall expire on December 31st of the year of issue, but may be reissued for succeeding years to the same licensee and for the same motor vehicle when the requirements of this chapter are otherwise met, and may, subject to the requirements of this chapter, be reissued to a transferee or to the same licensee for a substitute vehicle. (Ord. 1177 § 2, 1952).
5.24.030 License fee.
The license fee shall be $25.00 per year for each taxicab licensed. In the case of licenses issued on or after July 1st, of each year, one-half only of the above fee shall be required. No license shall be transferable from one owner to another except in the case of a bona fide sale of the business of the owner and then only upon application as provided in PMC 5.24.020, compliance with the provisions of this chapter, after approval by the city council and upon payment of a fee of $10.00. Licenses may be transferred from one vehicle to another belonging to the same owner, upon application to the city clerk and after determination by the chief of police that the vehicle and the equipment thereof comply with the requirements of this chapter and upon payment of a fee of $5.00. (Ord. 1177 § 3, 1952).
5.24.040 License – Application.
Such license shall be issued by the city council, shall be for the calendar year and shall be effective for such period of time unless sooner suspended or revoked, as hereinafter provided. Applications for licenses for taxicabs shall be made in the name of the owner or owners thereof upon forms to be furnished by the city clerk and shall give full information concerning the ownership, number, and classification of each motor vehicle to be operated; the name, fictitious or otherwise, under which the applicant will operate. If the owner of said vehicle shall be a firm, partnership, or association, or if there is more than one owner, full information shall be furnished as to the natural persons having an interest therein and the extent of such interest in such firm, partnership or association. The applicant shall furnish such other information as may be required by the city manager as deemed necessary to aid in the enforcement of this chapter. The city manager shall make or cause to be made an investigation, including any hearing deemed desirable, as to the fitness of an applicant to conduct the taxicab business and in connection therewith may investigate the fitness of the officers and stockholders of any corporation making such application. In determining the fitness or lack of fitness of an applicant the city manager may take into consideration the applicant’s business experience and the nature and kind of occupation or business in which the applicant has previously been engaged. In considering applications for renewal of licenses the city manager may take into consideration the manner in which an applicant has previously conducted his or its taxicab business. If any person having a valid license makes a timely application for its renewal and the council has not acted upon such application for its renewal prior to its expiration, such person may operate under his license for the year immediately preceding until the council has acted upon the application and notified him of its action.
After full investigation the city manager shall make his recommendation to the council. If such recommendation is unfavorable, then the license shall be denied, in which event the city manager shall notify the applicant by letter of such denial and such applicant shall have five days from the date of the transmittal of said letter within which to file with the city clerk a demand for a hearing before the city council. If such demand is filed with the city clerk, the council shall fix a date for hearing and the city clerk shall notify the applicant of the time thereof. At such hearing the applicant shall be entitled to appear and be heard and to be represented by counsel if the applicant so desires. If upon such hearing the council determines the applicant to be a fit person to have the license applied for, it may disregard the recommendation of the city manager and grant same. (Ord. 1177 § 4, 1952).
5.24.050 Driver’s rights and restrictions.
Every driver of a taxicab 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 shall otherwise refuse to convey any orderly person or persons upon request anywhere in the city unless previously engaged or unable to do so. No driver of a taxicab shall carry any other person than the passenger first employing the taxicab without the consent of such passenger. (Ord. 1177 § 5, 1952).
5.24.060 Bond and taximeter required.
No taxicab shall be licensed unless there is installed therein a taximeter capable of mechanically calculating the rate for hire set forth in this chapter and no taxicab shall be licensed unless the same is in a safe condition for use as such, not until satisfactory evidence is furnished that the provisions of Section 6383 of Remington’s Revised Statutes of Washington have been complied with. In addition to the surety bond required by said Section 6383, the applicant shall procure and keep in force an additional surety bond or liability insurance policy with a company authorized to do business in this state, which bond or policy, together with the surety bond required by said Section 6383, shall guarantee the payment of any final judgment up to the sum of $5,000 for injury to or death of any one person, and up to the sum of $10,000 for injury to or death of more than one person in any one accident and for the payment of any final judgment up to the sum of $1,000 for damages to property, that may be rendered against the insured for injury, death, damage caused by or arising out of the operation of such taxicab. A copy of said bond or policy shall be filed with the city clerk before issuance of the license. Failure to keep said bond or policy in force during the license period shall be grounds for cancellation of the license. Said bond or policy shall contain a clause obligating the company issuing same to give written notice to the city clerk before cancellation thereof. (Ord. 1177 § 6, 1952).
5.24.070 Taximeter requirements.
(1) Every taxicab shall have affixed thereto a taximeter of a standard size and design.
(2) No person shall use or permit to be used upon any taxicab a taximeter which is in such condition as to be over five percent incorrect. For the purpose of checking the accuracy of said taximeter, the taxicab to which the same is fixed shall be made available to the police department during the months of January and July of each year and at such other times as the chief of police may direct.
(3) No license shall be issued for taxicab until the taximeter attached thereto has been inspected and found to be accurate.
(4) After sundown, the face of every taximeter shall be illuminated by a suitable light so arranged as to throw a continuously steady light thereon and readily discernible by passengers.
(5) No person shall use or permit to be used or drive for hire a taxicab equipped with a taximeter the case of which is unsealed and not having its cover and gear intact.
(6) 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 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 passengers to the amount registered and the taxicab flag shall be placed in a nonrecording position until the fare is paid.
(7) No taximeter shall be used unless the same carries thereon an unbroken seal affixed thereto by the chief of police.
(8) Each taximeter shall be so located in the taxicab that the meter and the fare shown thereon are clearly visible from the rear compartment of the taxicab.
(9) It is unlawful for any person owning, operating or driving a taxicab to operate or drive such taxicab unless such taximeter 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 said taximeter for the trip. No other rates or methods of measuring the distance or time charges shall be allowed, except as provided in this chapter. (Ord. 1177 § 7, 1952).
5.24.080 Condition of vehicles and equipment.
Every taxicab and the equipment thereon shall be maintained in a safe condition for use as such and in such manner as to comply with the requirements of the State Motor Vehicle Act. Evidence that such taxicabs and equipment are in satisfactory condition shall be given to the chief of police on the first day of January, April, July and October of each year by presenting evidence that the vehicle has satisfactorily complied with the requirements of the state of Washington Vehicle Testing Station on a date not more than 10 days previous to the date such evidence is presented, provided such station is open and available for inspection service to taxicabs. (Ord. 1177 § 7(g), 1952).
5.24.090 Trip log.
Every taxicab driver shall maintain or cause to be maintained on his behalf a log setting forth therein the point of origin and destination of each trip made, the time of starting and completing the trip, together with the number and sex of each passenger carried on the trip, the log to be open for inspection by the police department. (Ord. 1177 § 7(h), 1952).
5.24.100 Rates.
No person owning, operating or controlling a taxicab shall charge or attempt to charge any passenger or passengers a greater rate of fare than that to which entitled under the provisions of the rate schedule, a copy of which shall be filed with the city clerk of the city of Puyallup and posted as set forth in PMC 5.24.110. The owner of every taxicab shall cause to be posted and maintained in a conspicuous location in the passenger’s compartment of the vehicle a card of form, size and color approved by the chief of police, on which shall be shown a schedule of rates of fare charged by the owner, which rates shall not be in excess of amounts fixed by the schedule, a true copy of which shall have been filed with the city clerk of the city of Puyallup not less than 30 days prior to the effective date of any such rate or modification of rates. (Ord. 1831 § 1, 1980).
5.24.110 Posting of schedule of fares.
No person owning, operating or controlling a taxicab 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. The owner of every taxicab shall cause to be posted and maintained in a conspicuous location in the passenger’s compartment of the taxicab a card or form, size and color approved by the police department, on which shall be shown a schedule of rates fixed by this chapter. (Ord. 1177 § 9, 1952).
5.24.120 Settlement of disputes.
All disputes as to rates shall be determined by the officer in charge of the police station and both passenger and driver shall comply with such determination. (Ord. 1177 § 10, 1952).
5.24.130 Inspection of taxicabs.
The police department shall maintain constant diligence over all taxicabs to see that they are kept in a condition of continued fitness for public use, and to this end its officers shall inspect all taxicabs on the complaint of any citizen, or from time to time as it may deem necessary or convenient. (Ord. 1177 § 11, 1952).
5.24.140 Driver’s license.
It is unlawful for any person to drive, operate or use any vehicle as a taxicab unless such person is the holder of a valid taxicab driver’s license issued to him in accordance with the provisions of this chapter. (Ord. 1177 § 12, 1952).
5.24.150 Qualifications for driver’s license.
No taxicab driver’s license shall be issued to any person unless said person shall:
(1) Be of the age of 21 years or over;
(2) Be of sound physique, with good eyesight and not subject to epilepsy, vertigo, heart trouble, color blindness or any other infirmity of body or mind which might render him unfit for the safe operation of any taxicab;
(3) Be able to speak, read and write the English language;
(4) Be clean of dress and person and not addicted to the use of intoxicating liquors or narcotics;
(5) Not have been convicted of an offense involving moral turpitude, nor within a period of one year prior to his application for driver’s license have been convicted of an offense of reckless driving. (Ord. 1177 § 13, 1952).
5.24.160 Application.
Each applicant for a taxicab driver’s license shall fill out, in detail, an application form provided by the city clerk which shall answer each of the requirements set forth in PMC 5.24.150 and, in addition thereto, shall state the applicant’s full name, place of residence at the time of application and for a period of two years prior thereto, age, color, height, color of eyes and hair, place of birth, length of time a resident of Puyallup, whether a citizen or noncitizen, last place of employment, whether he has been previously licensed as a driver or chauffeur and, if so, when and where, whether such license has ever been suspended or revoked and for what cause. Said application shall be signed and sworn to by the applicant and filed with the city clerk as a permanent record and shall contain the names and addresses of four persons, not relatives, who have known the applicant for at least two years last past. Each applicant shall present to the chief of police satisfactory evidence of his fitness and ability to operate a taxicab. (Ord. 1177 § 14, 1952).
5.24.170 Fingerprints and photographs of applicants.
Every applicant for driver’s license must submit to fingerprinting by the police department and shall submit with his application, in triplicate, a full face photograph of the applicant. Each of said photographs shall become a part of the applicant’s license, if issued. One set shall be filed with the police department and the other set shall be filed with the application. (Ord. 1177 § 15, 1952).
5.24.180 Issuance of driver’s license.
The chief of police shall review the applicant’s request and application for a driver’s license and shall investigate the statements contained therein and obtain such other information as he deems necessary concerning the applicant’s character, integrity, personal habits, past conduct and general qualifications, as will show the applicant’s ability and skill as a driver of a taxicab. If the chief of police determines that the driver’s license should be issued or renewed, there shall be issued to the applicant a license which shall be in such form as to contain the photograph and signature of the licensee. The driver’s license shall be issued for the calendar year. If the chief of police determines that a driver’s license should not be issued or renewed, he shall notify the applicant and the city clerk thereof in writing, setting forth the reasons for such rejection. Any applicant whose driver’s license is rejected may appeal to the city council, which hereby reserves the right to exercise its discretion in granting or renewing such license.
If the chief of police finds that sufficient data cannot reasonably be obtained to make a determination as to the applicant’s fitness within one week after said application is filed, and if he determines from the information available that the applicant is a fit and proper person to be licensed, he shall issue to said applicant a temporary permit to drive a taxicab, which permit may be revoked at any time at the discretion of the chief of police, and which permit shall be valid only until final action is taken with reference to the issuance of a driver’s license and in no event shall be valid for a period of more than 90 days. (Ord. 1177 § 16, 1952).
5.24.190 Form of driver’s license.
The taxicab driver’s license shall be in form as determined by the city clerk and shall be approximately three inches in height and seven inches in length, and shall have contained under a sealed transparent cover, in such manner that the contents cannot be altered or substituted, one set of the license, together with a physical description of the licensee and his signature. The license shall contain the words “Taxicab Driver’s License, City of Puyallup,” the number of the license and the name of the licensee. Such license shall show the date of expiration thereof and shall be displayed in a conspicuous place inside each taxicab in such location that the same is clearly visible from the passenger compartment at all times that the licensee is operating, driving or using said vehicle.
All taxicab driver’s licenses shall expire on December 31 of the year in which the license is issued and unless revoked or under suspension at the date of expiration, may be renewed annually thereafter by the city clerk and for four successive years. The city clerk shall devise in the license the method by which the renewals herein provided for may be indicated thereon without issuance of a new license. On expiration of the license and all renewals authorized herein, a new license shall be required which shall be issued only on application, with new photographs, supplies and examinations taken as in the case of the original license.
Whenever the license furnished by the city clerk shall become worn out, damaged, faded or otherwise unfit for use, the city clerk may require that such license be destroyed and the licensee shall furnish three additional sets of recent photographs as required by this chapter and purchase a new license. (Ord. 1177 § 17, 1952).
5.24.200 Driver’s license fee.
The license fee for a driver’s license shall be $5.00 for the first year for which said license is issued and shall be $2.00 per year for renewals of such license provided that the renewal fee shall not be effective until January 1, 1953. No driver’s license shall be transferable. The fee for reissuance of damaged licenses shall be $2.00. (Ord. 1177 § 18, 1952).
5.24.210 Suspension and revocation of driver’s license.
Licenses issued pursuant to the provisions of this chapter may be revoked or suspended by the chief of police whenever he finds that the licensee has violated any of the provisions of this chapter or permitted any of his agents, servants, or employees to violate the provisions of this chapter. Any license duly issued under this chapter may be revoked or suspended by the chief of police whenever he finds that the licensee is, or has become, such a person as would cause the chief of police to refuse issuance of a license initially under the terms and qualifications of this chapter; provided, that no such license shall be revoked or suspended unless charges in writing shall immediately be filed with the city clerk setting forth with reasonable certainty the nature of said charge against said licensee. Any licensee may appeal from such revocation or suspension to the city council by filing a written appeal with the city clerk within 15 days after said revocation or suspension becomes effective. Upon the filing of an appeal as aforesaid, the council shall fix a time and place for the hearing of said charges, which hearing shall be held within 10 days after an appeal is filed, and a copy of the charges as filed, together with notice of the time and place of hearing, shall be served prior to the date fixed by the council for the hearing. The findings and action of the city council shall be conclusive.
Any notice provided for in this chapter shall be served, either (1) by delivering a copy personally to the licensee, or (2) by leaving a copy with some person of suitable age and discretion at the place of business of the licensee, or if no such person be found at the place of business of the licensee, by leaving such notice to the licensee at his place of business as set forth in his application for license. At the hearing on said charges the licensee shall have the right to appear and defend the charges and, if so desired, to be represented by counsel.
Any driver’s license issued pursuant to the provisions of this chapter shall be automatically suspended for a period of 90 days on the first conviction of the holder thereof of any of the following misdemeanors: driving while under the influence of intoxicating liquor and reckless driving; the violation of any law involving the manufacture, sale or transportation of intoxicating liquors; or the violation of any law involving prostitution, indecent exposure or any lewd or immoral acts. On the second conviction of one or more of these offenses, such license shall be automatically revoked for a period of one year.
Any driver’s license issued pursuant to the provisions of this chapter shall be automatically revoked for a period of one year on the conviction of any felony or the violation of any law involving the sale, use, distribution, manufacture or transportation of narcotics. (Ord. 1177 § 19, 1952).
5.24.220 Driver’s requirements.
It is unlawful for any person other than the driver to occupy the driver’s compartment or to ride anywhere outside the passenger compartment of any taxicab except where a passenger, due to physical condition, is unable to occupy the passenger compartment or when all the seats in the passenger compartment are occupied by bona fide passengers. It is unlawful for any persons other than paying passengers and the driver thereof to occupy any taxicab, provided that this section shall not prohibit the carrying of other employees of the owner of said taxicab when acting within the scope of his business nor prohibit the making of necessary repairs. It is unlawful for any driver to drive or operate a taxicab for a period exceeding 10-1/2 hours during a 24-hour period. (Ord. 1177 § 20, 1952).
5.24.230 Unearned license fee to be refunded.
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 city council to revoke or suspend such license pursuant to the provisions of this chapter.
Upon the revocation of any license for cause, the unearned portion of the license fee shall be returned to the licensee. (Ord. 1177 § 21, 1952).
5.24.240 Filing of rates.
The rates to be charged by any operator shall be filed with the city clerk and a copy thereof with the chief of police and no charge shall be made except in compliance with the rates on file. (Ord. 1230 § 2, 1954; Ord. 1177 § 25, 1952).