Chapter 5.12
TAXICABS AND LIMOUSINES

Sections:

5.12.010    Definitions.

5.12.020    License required for operation.

5.12.030    Application requirements.

5.12.040    Fees.

5.12.050    Investigation and inspection.

5.12.060    Approval of application.

5.12.070    Term, renewal and transferability.

5.12.080    License requirements.

5.12.090    Complaints.

5.12.100    Abatement of violations.

5.12.110    Denial or revocation of license.

5.12.120    Summary suspension.

5.12.130    Appeal.

5.12.140    Responsibility of owner.

5.12.150    Driver certification required.

5.12.160    Taxi stands.

5.12.170    Insurance required.

5.12.180    Violation—Penalty.

5.12.010 Definitions.

Definitions. Unless the context in which they are used clearly requires a different meaning, for the purpose of this chapter, the following words and phrases mean as follows:

“Driver” means an individual who, as an owner, employee, lessor or independent contractor, drives a taxicab and/or limousine.

“Limousine” means a motor vehicle hired for transporting passengers at fixed rates and operating over fixed or predetermined routes at regular times or upon request.

“Owner” means a person who is the owner or lessee of one or more taxicabs and/or limousines, or a person who is the principal in a business that provides transportation by taxicab and/or limousine and employs or contracts with others to drive a taxicab and/or limousine for that business.

“Taxicab” means a motor vehicle hired for transporting passengers and operating over unfixed routes at irregular times.

“Vehicle” means a taxicab or limousine. (Ord. 760 § 1, 1989)

5.12.020 License required for operation.

No person shall operate a taxicab or limousine, or permit the operation thereof without first submitting an application in accordance with Section 5.12.030, payment of any required fees, and securing a license to do so from the city recorder. (Ord. 760 § 2, 1989)

5.12.030 Application requirements.

A. An application for a taxicab and/or limousine business license, or for renewal thereof, shall be obtained from and filed with the city recorder and shall include all requested information and attachments. Review of the application shall not begin until all requested information has been provided and the required fees paid. At a minimum, an application shall require that the following information be provided:

1. The applicant’s true name, date of birth, permanent address, and an address which the city may use for purposes of notice;

2. The true name and address of a person for whom the applicant is acting as an agent. If the applicant is acting as the agent of a corporation:

a. The address of the registered office of the corporation in Oregon, and

b. The name and address of the registered agent of the corporation in Oregon;

If the applicant is acting as the agent of a partnership or association, the name(s) and address(es) of all principals of the business entity;

3. A description of the nature of the business operation;

4. A description of the services the applicant will offer;

5. The location from which the applicant will operate;

6. The hours the applicant will conduct the business;

7. The past business experience of the applicant;

8. Past criminal convictions involving unlawful trade practices as defined by ORS 646.608, fraud or crimes involving moral turpitude;

9. Known consumer complaints made to local or state consumer agencies; and

10. Proof of compliance with all relevant federal, state, and local laws and ordinances.

B. When reviewing the application, the city recorder may require the applicant to supply information necessary to determine the applicant’s qualifications for the license.

C. The city recorder shall issue a decision on the application within thirty (30) days of the submission of a complete application form and all requested attachments. (Ord. 760 § 3, 1989)

5.12.040 Fees.

The applicant shall submit with the application the following fees:

A. Application fee (nonrefundable);

B. License fee (annual);

C. Certification fee;

D. Taxicab stand fee.

No license shall be issued until the applicant has paid the required fees. (Ord. 928 § 4, 2001: Ord. 760 § 4, 1989)

5.12.050 Investigation and inspection.

The city may investigate persons and inspect premises and vehicles to whom or for which a license has been issued in accordance with law. Licensed vehicles shall be made available for inspection at reasonable times to determine compliance with provisions of applicable city ordinances and regulations. In the event the city is refused admittance to premises where a licensed vehicle is located, a search warrant may be obtained from the municipal court authorizing entry upon the premises to make the inspection. (Ord. 760 § 5, 1989)

5.12.060 Approval of application.

A. The city recorder may issue a license upon finding that the applicant has met all requirements of federal, state and county law, this chapter, any rules made pursuant to this chapter, and other applicable city ordinances and regulations.

B. If an application for a new or renewed license is approved, the city recorder shall notify the applicant in writing. The notice shall state any conditions placed on the approval and any further requirements the applicant must meet before a license will be issued. (Ord. 760 § 6, 1989)

5.12.070 Term, renewal and transferability.

A. A license shall be valid from the date of issuance for a period of one year, unless otherwise specified herein or on the license.

B. An application for renewal of a license shall be submitted to the city recorder at least sixty (60) days prior to its expiration date and shall be accompanied by the required fees and other required documents.

C. A licensee shall notify the city recorder thirty (30) days prior to a change in location or termination of the licensed activity.

D. Licenses issued under this chapter shall not be transferred to any other person except as authorized herein. (Ord. 760 § 7, 1989)

5.12.080 License requirements.

In addition to any other requirements of this chapter, each licensee shall:

A. Conform to all federal, state and local laws and regulations, the provisions of this chapter, any rules adopted hereunder, and other applicable city ordinances and regulations;

B. Notify the city within ten days of any change in material information contained in the application, related materials, or license. (Ord. 760 § 8, 1989)

5.12.090 Complaints.

Any person having a complaint regarding the services performed by a licensee hereunder shall file the complaint in writing with the city recorder. The city recorder shall respond to the complaint and take appropriate action within a reasonable period of time. (Ord. 760 § 9, 1989)

5.12.100 Abatement of violations.

A. Upon finding that a violation of this chapter, or applicable city, county, state or federal laws has occurred, the city recorder may provide written notice to the licensee of the violation and demand that the violation be corrected within a reasonable time as specified in the notice. The notice shall describe with reasonable certainty the violation and the action necessary to correct the violation.

B. In the event notice is given under subsection A of this section:

1. The licensee shall notify the city recorder when corrective action has been taken, and the city may then cause an inspection to be made to determine compliance.

2. If the licensee fails to take corrective action within the time required, the city recorder may take action under Section 5.12.110 to revoke the license. (Ord. 760 § 10, 1989)

5.12.110 Denial or revocation of license.

A. The city recorder may deny an application for a license or revoke a license upon finding that:

1. The applicant or licensee fails to meet the requirements of this chapter, or is doing business in violation of this chapter, applicable federal, state or county law, other city ordinance, rule or regulation, or a condition imposed on the license;

2. The applicant or licensee has provided false or misleading material information, or has omitted disclosure of a material fact on the application, related materials or license;

3. The applicant’s or licensee’s past or present violation of law or ordinance, including a violation that does not lead to a conviction, presents a reasonable doubt about his or her ability to perform the licensed activity without endangering property or the public health and safety;

4. The information supplied for the review does not indicate that the applicant has the special knowledge or skill required to perform the licensed activity;

B. The city shall provide written notice to the applicant or licensee of a denial or revocation. The notice shall state the reason therefore and inform the applicant or licensee of the right to appeal under Section 5.12.130.

C. The notice to a licensee shall be given at least fifteen (15) days before the revocation becomes effective. If the violation ends within the fifteen (15) days, the city recorder may discontinue the revocation proceedings.

D. A person whose application for a license has been denied or whose license has been revoked may, after ninety (90) days from the date of denial or revocation, apply for a license upon payment of the required fees and submission of an application form and required attachments, unless other provisions of this ordinance provide to the contrary.

E. A person whose application for a license hereunder has been denied, or whose license has been revoked for a total of two times within one year or who has a total of four denials or revocations, shall be disqualified from applying for a license hereunder for a period of two years from the date of the last revocation or denial. (Ord. 760 § 11, 1989)

5.12.120 Summary suspension.

A. Upon determining that the activities of a licensee hereunder presents and immediate danger to person or property, the city manager may summarily suspend the license.

B. The suspension takes effect immediately upon notice of the suspension being received by the licensee, or being delivered to the licensee’s business address as stated on the application for the license being suspended. Such notice shall state the reason for the suspension and inform the licensee of the provisions for appeal under Section 5.12.130.

C. The city manager may continue a suspension as long as the reason for the suspension exists or until a determination on appeal regarding the suspension is made under Section 5.12.130. (Ord. 760 § 12, 1989)

5.12.130 Appeal.

A. An applicant whose application for a license has been denied, or a licensee whose license has been denied renewal, has been suspended, or is to be revoked, may, within fifteen (15) days after the date of the notice of denial, suspension or revocation, appeal in writing to the council. The notice of appeal shall state:

1. The name and address of the appellant;

2. The nature of the determination being appealed;

3. The reason the determination is incorrect; and

4. What the correct determination of the appeal should be.

B. An appellant who fails to file the notice of appeal with the city manager and to pay any required appeal fee within the time permitted, waives his or her objection, and his or her appeal shall be dismissed.

C. If a notice of revocation is appealed, the revocation does not take effect until final determination of the appeal.

D. Unless the appellant and the city manager agree to a different period, an appeal shall be heard by the council at its next meeting at least fifteen (15) days following the receipt of the notice of appeal. At least ten days prior to the hearing, the city manager shall mail notice of the time and location thereof to the appellant.

E. The council or its designee shall hear and determine the appeal on the basis of the appellant’s written statement and any additional evidence he or she deems appropriate. At the hearing the appellant may present testimony and oral argument personally or by counsel. The rules of evidence as used by courts of law do not apply.

F. If the appeal is from a denial, the applicant shall carry the burden of proving that he or she is entitled to the license and wherein the city recorder erred in his or her denial. If the appeal is from a revocation or suspension, the city recorder shall carry the burden of proving that the revocation or suspension was proper.

G. The council shall issue a written decision within twenty (20) days of the hearing date. If the appeal is granted, any appeal fee paid by the appellant shall be refunded to the appellant. The decision of the council is final. (Ord. 760 § 13, 1989)

5.12.140 Responsibility of owner.

A. An owner shall:

1. Issue to each driver in his/her employ an identification card with the driver’s photograph, name in printed form and signature, and the owner’s business name, address and telephone number, and retrieve the identification card from the driver immediately upon termination of employment;

2. Conspicuously display in each vehicle a schedule of rates for services in a manner that can be easily read from both inside and outside the vehicle. The schedule shall be printed in machine lettering not less than one-quarter inch high on cards not less than four inches by six inches;

3. Maintain all vehicles according to manufacturer’s instructions;

4. Maintain for a period of three years complete maintenance records for each vehicle, and make the records and the vehicles available for inspection by the city recorder upon request;

5. Maintain records on each driver during the term of employment and for six months thereafter. Each record shall contain the driver’s:

a. Name and aliases,

b. Current and prior three addresses,

c. Physical description,

d. Date of birth, and

e. Oregon driver’s license number;

6. Equip each vehicle with an ABC-rated fire extinguisher;

7. Comply with all applicable federal, state and local laws and regulations;

8. Employ as drivers only those persons who hold a valid taxi/limousine driver certification card issued by the city recorder;

9. Report to the city recorder in writing within seven days any known or suspected conviction of a driver for any felony or misdemeanor described in Section 5.12.150;

10. Not permit any driver to operate a vehicle unless the driver’s identification card is displayed in full view of the passenger compartment.

B. A taxicab owner shall:

1. Affix the terms “Zoned Rates” or “Metered Rates” onto the exterior of each taxicab in machine lettering not less than one-inch high to indicate the manner in which taxicab fares are made;

2. Prominently display on the exterior of each taxicab the word “Taxi” or “Taxicab,” the taxicab’s number assigned by the owner, the business name under which the taxicab operates, and, in the designated location, a valid license tag issued by the city recorder;

3. If a taximeter is used to calculate taxicab fares:

a. Place and illuminate the taximeter so that its numbers are visible from the passenger compartment, and

b. Keep the taximeter accurate;

4. If zones are used to calculate taxicab fares, display in plain view of the passenger compartment a map of the city on which each zone is delineated and on which rates are printed in machine lettering.

C. An owner shall be strictly liable for any violation of this ordinance committed by an agent or employee.

D. An owner shall file with the city recorder a evidence of insurance as required by Section 5.12.170 and a performance bond in the sum of two thousand five hundred dollars ($2,500.00), in a form to be approved by the city recorder to insure to the city and the public the owner’s faithful performance of the obligations required by this chapter. Such insurance and bond shall remain in force and effect as long as the owner is licensed under this chapter. Should the insurance or bond be cancelled without the city recorder having received a replacement evidence of insurance or bond, owner’s license may be summarily suspended under Section 5.12.120. (Ord. 760 § 14, 1989)

5.12.150 Driver certification required.

A. No individual shall act or be employed as a driver without first obtaining a certification card issued by the city recorder.

B. The city recorder may issue a taxi/limousine certification card upon finding that the applicant:

1. Has a valid Oregon Class C operator’s license;

2. Has not been convicted of a crime or offense involving burglary, theft, narcotics, assault, robbery, kidnapping, homicide, harassment, vice, a major traffic crime except driving while suspended, or a sex-related offense:

a. If a felony, within the preceding five years,

b. If a misdemeanor, within the preceding two years;

3. Has not had his/her certification card revoked as provided in Section 5.12.110.

C. A taxi/limousine driver certification card shall be valid from date of issuance for a term of three years. (Ord. 875 § 3(E), 1997; Ord. 760 § 15, 1989)

5.12.160 Taxi stands.

A. No owner or driver of a taxicab shall stand or permit a taxicab to stand waiting employment upon any portion of the streets of the city other than at a place designated by the city manager and assigned to the owner of the taxicab.

B. Permits may be issued by the city manager pursuant to the terms of this chapter allowing taxicabs, while awaiting employment, to stand at certain designated places upon the streets of the city; provided, however, that no such permit shall be granted except upon the written application of the owner filed with the city recorder. The application shall set forth the location of the proposed stand having reference to street and building number, if any, or the number of the parking meter involved. The city manager shall have the right to grant or deny an application for a taxi stand and may issue or refuse to issue such permit.

C. The regulatory fee for such permit is the sum of fifty dollars ($50.00) per year, which sum must be paid in advance before the permit is issued for the full period of time covered by the permit. No taxi stand shall be larger than necessary to accommodate one taxicab.

D. No taxicab or other vehicle may occupy a regularly established taxi stand unless the taxicab is being operated by or for the holder of the permit to whom such taxi stand has been assigned. (Ord. 760 § 16, 1989)

5.12.170 Insurance required.

No person shall operate a taxicab or limousine unless it is covered by public liability insurance in an amount set forth by Council resolution as required and stated in the permit application. The City of Sutherlin, its agents, officers, elected officials and employees shall be named as an Additional Insured by separate endorsement on any insurance policy required by this section. Before operating a taxicab or limousine within the City, every operator must provide the City with certificates of insurance and additional insured policy endorsements signed by the insurance carrier showing the required coverage with Insurance Services Office (ISO) form numbers to identify the specific coverage that has been obtained and the effective dates of the insurance policies. The insurance shall provide that the city receive thirty days’ prior written notice of termination or cancellation. (Ord. 1066 § 5, 2018: Ord. 771 § 1, 1989: Ord. 760 § 17, 1989)

5.12.180 Violation—Penalty.

In addition to any other action authorized in this chapter, and without requiring any of those actions to be taken first, violation of any provision of this ordinance shall be punishable by a civil penalty not to exceed five hundred dollars ($500.00). Every day in which a violation is caused or permitted to remain constitutes a separate violation. (Ord. 760 § 18, 1989)