Chapter 5.60
TAXICABS
Sections:
5.60.025 Administrative—General and enforcement.
5.60.030 Taxicab and transportation network company—Special license.
5.60.040 Minimum standards for taxicab and transportation network companies.
5.60.050 Proof of compliance with standards—Initial and ongoing compliance review—Audits.
5.60.060 Prohibited acts—Penalties.
5.60.180 Enforcement and license suspension and revocation procedures—Appeals.
5.60.010 Purpose.
The purpose of this chapter is to provide for the safe operation of taxicab and transportation network companies and the proper regulation of the use of city streets for the convenience of the traveling public, and for the safety in the transportation of persons within the city. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3016 § 1, 1985)
5.60.020 Definitions.
The following terms, for the purpose of this chapter, are defined as follows:
A. “Operating” means using a taxicab or TNC vehicle to at any time transport any passenger or item of property for compensation from a point within the corporate limits of the city.
B. “Special license” shall mean a special license issued to a taxicab company or TNC.
C. “Taxicab” means and includes every motorized vehicle that is held out to the public as providing transportation to passengers or articles:
1. Where the route traveled, destination, or both route and destination are controlled by the customer; and
2. Where the fare is based on an amount recorded and indicated on a taxi meter or an Internet online-enabled platform or application used to connect passengers with drivers or by a special contract rate.
D. “Taxicab company” means any entity operating one or more taxicabs other than as a driver, regardless of the legal form of the entity and regardless of whether the taxicabs so operated are owned by the company, or leased, or owned by individual members of the entity.
E. “Taxicab business” means engaging in any combination of owning, leasing, advertising, driving, occupying or otherwise using a taxicab to at any time transport any passenger or item of property for compensation from a point within the incorporated limits of the city.
F. “Taxi meter” means a device by which the charge for hire of a taxicab is mechanically and/or electronically measured or calculated based upon a combination of mileage traveled and time elapsed.
G. “Transportation network company,” which may be abbreviated herein to “TNC,” means a company that uses an Internet online-enabled platform or application to connect passengers with TNC drivers.
H. “Transportation network company drivers” or “TNC driver” means a driver under contract with a TNC company.
I. “Transportation network company vehicle” or “TNC vehicle” means a personal vehicle affiliated with or operating under the authority of a transportation network company where the fare is based on an Internet online-enabled platform or application used to connect passengers with TNC drivers. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3016 § 14, 1985)
5.60.025 Administrative—General and enforcement.
The city council or designee shall have the primary authority and responsibility for the administration and enforcement of this chapter and may adopt rules and regulations for its administration and enforcement, not inconsistent with this chapter. (Ord. 3898 § 3 (Exh. A), 2017)
5.60.030 Taxicab and transportation network company—Special license.
A. The finance director or designee may issue a special license to a taxicab company or TNC; provided, that the taxicab company or TNC submits an affidavit sworn under penalty of perjury that the taxicab company or TNC is in compliance with standards for vehicle safety, driver training and background, and insurance established under the rules provided for at Section 5.60.040. The special license shall be effective for one year.
B. Annual application review fee shall be in an amount set by resolution of the city council. The application review fee prescribed by this section shall be paid at the time of submitting initial and renewal taxicab company and TNC special license application.
C. Special License Issuance Fee. No taxicab company or TNC special license shall be issued or valid until the application or attestation has been reviewed and approved and the fee prescribed in this section has been paid. The city council may accept the review and attestation of compliance provided by another jurisdiction within Cowlitz County so long as the standards of that jurisdiction are substantially similar to the standards set by the city under Section 5.60.040.
D. Drivers who are independent contractors, affiliated with special-licensed taxicab companies or TNCs shall obtain a city business license or a determination of exemption as allowed under Chapter 5.02. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3823 § 3, 2014; Ord. 3820 § 12, 2014; Ord. 3016 § 14, 1985)
5.60.040 Minimum standards for taxicab and transportation network companies.
All taxicab companies and TNCs operating in the city of Kelso shall comply with minimum standards established by the city council or designee by administrative rules established under this section and Section 5.60.025 for:
A. Vehicle safety and maintenance;
B. Driver background and training;
C. Insurance.
The foregoing standards shall generally conform to the best industry practices and be published by the city council or designee on the city website and available upon request. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3820 § 12, 2014; Ord. 3166 § 2, 1991; Ord. 3016 § 3, 1985)
5.60.050 Proof of compliance with standards—Initial and ongoing compliance review—Audits.
The city manager or his designee in consultation with the city attorney shall prepare a form affidavit or attestation under penalty of perjury which shall certify compliance with this chapter and the rules adopted pursuant to this chapter. All matters sworn to in the affidavit are subject to audit. (Ord. 3898 § 3 (Exh. A), 2017)
5.60.060 Prohibited acts—Penalties.
Taxicab companies and TNCs and taxi and TNC drivers are jointly and severally responsible for violations of this chapter. In addition to all other provisions and standards of this chapter, the acts or omissions set forth in this section are prohibited. Any taxicab company and TNC or taxi and TNC driver who shall fail to comply with any provision or standard of this chapter or the standards adopted thereunder shall be in violation of this chapter. Any special license granted to a taxicab company or TNC may be suspended or revoked by the city manager or designee for such violation.
A. Submitting a Materially False Affidavit or Attestation. Any taxicab company or TNC submitting a materially false affidavit as provided for under Section 5.60.050 shall be subject to a fine of not more than ten thousand dollars for each affidavit submitted.
B. Operating without a Special License. Any taxicab company or TNC picking up a passenger in the city of Kelso without having first obtained a taxicab company or TNC special license shall be subject to a fine of not more than ten thousand dollars for each violation.
C. Any taxicab driver or TNC driver picking up a passenger in the city of Kelso that is not operating under a city of Kelso special-licensed taxicab company or TNC shall be subject to a fine of one thousand dollars for each violation.
D. Any independent contractor taxicab driver or TNC driver who picks up a passenger in the city of Kelso and who has not obtained a business license under Chapter 5.02, unless exempt as provided therein, shall be subject to a fine of one thousand dollars for each violation.
E. Any taxicab driver or TNC driver who picks up a passenger in the city of Kelso while operating under a city of Kelso special-licensed taxicab company or TNC company and arranges with the passenger for a subsequent pick-up in Kelso or elsewhere that is not under the authority of a city of Kelso special-licensed taxicab company or TNC, shall be subject to a fine not to exceed one thousand dollars for each violation. (Ord. 3898 § 3 (Exh. A), 2017)
5.60.180 Enforcement and license suspension and revocation procedures—Appeals.
Enforcement of this chapter, including any penalties assessed hereunder, shall be governed by the provisions of Chapter 1.50. If it is determined that any licensee has violated or failed to comply with any provision of this chapter, the city may suspend or revoke such license for a period to be fixed by the finance director or designee. Any licensee whose license is revoked or suspended by the city shall have the right to appeal to the city hearing examiner from any such order by filing with the finance director or designee a written notice thereof within twenty days after the entry of the order of revocation or suspension. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3016 § 18, 1985)
5.60.190 Violation—Penalty.
Any person violating or failing to comply with any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in any sum not exceeding one thousand dollars or by imprisonment for a period not exceeding ninety days, or by both such fine and imprisonment. (Ord. 3898 § 3 (Exh. A), 2017; Ord. 3887 § 2 (Exh. A), 2017; Ord. 3016 § 19, 1985)