Chapter 5.24
FOR HIRE VEHICLES*
Sections:
5.24.020 License—Required—Fee.
5.24.040 License—Form—Contents—Term—Transferability.
5.24.060 Liability and property damage insurance required.
5.24.120 Driver’s license—Required for operator.
5.24.140 For hire license—Revocation when.
5.24.150 Payment of fare required.
* For statutory authority for cities and towns to license for hire vehicles, see RCW 46.72.020; for authority for code cities to license businesses according to general law, see RCW 35A.82.020.
5.24.010 Definitions.
A. “Person” means any individual, firm, partnership, limited liability company, corporation, association, receiver, assignee, trustee in bankruptcy, trust, estate, joint venture, club, joint stock company, business trust, society, or any group of individuals acting as a unit.
B. “For hire vehicle” means and includes all vehicles used for the transportation of passengers for compensation, except auto stages, school buses operating exclusively under a contract with a school district, ride-sharing vehicles, limousine carriers, vehicles used by nonprofit transportation providers for elderly or handicapped persons and their attendants, vehicles used by auto transportation companies, vehicles used to provide courtesy transportation at no charge to and from parking lots, hotels, and rental offices, and vehicles used by charter party carriers of passengers and excursion service carriers. All such exceptions are adopted by reference as detailed in RCW 46.72.010 as it now exists or is hereafter amended.
C. “For hire operator” means and includes any person, concern, or entity engaged in the transportation of passengers for compensation in for hire vehicles.
D. “For hire license” means a company, corporation or association which holds a license to operate a for hire vehicle upon city streets. (Ord. 2509 § 1 (part), 2005: Ord. 1273 § 1, 1983; Ord. 454 § 8, 1947).
5.24.020 License—Required—Fee.
A. Each person operating a for hire vehicle must procure a business registration in accordance with Chapter 5.04 of the Prosser Municipal Code.
B. No motor vehicle shall be used in the city as a for hire vehicle in carrying passengers for compensation or offered therein to the public for hire in the carrying of passengers except upon application to the city clerk/finance director and payment of a license fee at the rate of fifty dollars per year for each such vehicle.
C. No automobile, ambulance or any motor vehicle shall be used in the city as a cabulance in carrying passengers for hire or offered therein to the public for hire in the carrying of passengers except upon payment of a license fee at the rate of twenty dollars per year for each such vehicle. (Ord. 2509 § 1 (part), 2005: Ord. 1273 § 2, 1983: Ord. 454 § 1, 1947).
5.24.040 License—Form—Contents—Term—Transferability.
No for hire operator shall cause operation of a for hire vehicle upon any city street without first obtaining a license from the city clerk/finance director. Application for license shall be made on the form provided by the city clerk/finance director and shall include the following:
A. The name, address, and driver’s license number of the owner or owners, and if a corporation, the names and addresses of the principal officers thereof;
B. The license number, make, and model of any vehicle to be operated;
C. A brief description of the vehicle to be licensed;
D. Proof of liability and property damage insurance as required in Section 5.24.060;
E. The date of the application; and
F. The signature of the applicant.
Upon receipt of application, payment of fees, and proof of a valid business registration as required by Chapter 5.04, the city clerk/finance director shall issue the applicant a license for the for hire vehicle. Such license shall expire on the thirty-first day of December of the year in which it is issued and no fractional license shall be granted. No license shall be transferred from one person to another person, but a person owning more than one vehicle for hire may transfer a license from one vehicle to another vehicle upon application being made therefor. Every application for such transfer shall be accompanied by a nonrefundable fee in the amount of twenty dollars for such transfer. (Ord. 2509 § 1 (part), 2005: Ord. 454 § 3, 1947).
5.24.060 Liability and property damage insurance required.
The city in the granting of any license provided for in this chapter to a vehicle for hire for transporting persons for compensation shall require the owner or operator thereof to procure liability and property damage liability insurance covering passengers as well as other persons, from a company licensed to write bodily injury liability and property damage liability insurance in the state of Washington, on each motor vehicle used or to be used in transporting persons for compensation in an amount not less than one hundred thousand dollars for any recovery for personal injury by one person and not less than three hundred thousand dollars for any vehicle having a capacity of sixteen passengers or less and not less than five hundred thousand dollars for any vehicle having a capacity of seventeen passengers or more for all persons receiving personal injury by reason of at least one act of negligence and not less than fifty thousand dollars for damage to property of any person other than the insured. Each policy for liability insurance required herein shall be filed with the city clerk/finance director, and kept in full force and effect, and failure to do so shall be cause for the revocation of the license. (Ord. 2509 § 1 (part), 2005: Ord. 1273 § 3, 1933: Ord. 923 § 1, 1974: Ord. 454 § 5, 1947).
5.24.120 Driver’s license—Required for operator.
It is unlawful for any person owning, controlling or engaged in the business of operating a for hire vehicle to employ as a driver of any such vehicle, or permit any such vehicle to be driven by a driver who has not attained the age of eighteen years or who does not possess a valid driver’s license. (Ord. 2509 § 1 (part), 2005: Ord. 454 § 12, 1947).
5.24.140 For hire license—Revocation when.
A. A for hire license may be revoked by the mayor or mayor’s designee by sending written notification by certified mail to the address provided on the application for the license. The notice shall be effective the date the certified mail is received by the recipient or three days after mailing, whichever occurs first. The decision to revoke a license may be based upon the experience and performance record of the for hire business and/or operator, failure to correct deficiencies, or unprofessional conduct including but not limited to:
1. Employing operator(s) who have committed two or more offenses for which mandatory revocation of driver’s license is provided by law.
2. Employing operator(s) convicted of any gross misdemeanor or felony relating to the for hire operation. (Conviction includes all instances in which a plea of guilty or nolo contendere is the basis for conviction and all proceedings in which the sentence has been deferred or suspended).
3. Employing operator(s) convicted of vehicular homicide or vehicular assault.
4. Employing operator(s) with suspended, revoked, or restricted licenses.
5. A for hire business which misrepresents or conceals a material fact in obtaining a for hire license or reinstatement of a for hire license.
6. A for hire business which advertises in a false, deceptive, or misleading manner.
7. Incompetence, negligence, or malpractice by a for hire business that results in harm or damage to a consumer or that creates an unreasonable risk that a consumer may be harmed or damaged.
B. The business owner may file a written appeal with the city clerk/finance director and request a hearing of the city council within five business days after effective date of the notice of revocation. Appeals will be heard by the city council at the council’s next regular meeting. Decisions of the city council will be made by motion and recorded in the official minutes of the city council. Such decision of the council shall be final.
C. Revocation becomes effective on the effective date of the notice of revocation or if an appeal is filed on the date the council renders its decision pursuant to such appeal, whichever occurs last. If the mayor or mayor’s designee determines that immediate revocation is necessary to protect the public interest, then the mayor or mayor’s designee shall send notice to the business owner by overnight mail which notice shall be effective the day after it is placed in the mail. The business owner may still appeal such revocation but may not operate for hire vehicles unless the city council reverses the decision to revoke such license. (Ord. 2509 § 1 (part), 2005: Ord. 454 § 14, 1947).
5.24.150 Payment of fare required.
Any person who refuses to pay the regular fare charged by a for hire vehicle, without lawful reason, after having hired the same, shall be guilty of theft and shall be punished in accordance with the applicable state statute or city ordinance. (Ord. 2509 § 1 (part), 2005: Ord. 454 § 15, 1947).
5.24.170 Violation—Penalty.
Any person or business violating or failing to comply with any of the provisions of this chapter shall be deemed guilty of a gross misdemeanor and upon conviction thereof shall be punished by confinement in jail not exceeding ninety days and payment of a fine not to exceed five thousand dollars, except for violation of Section 5.24.150 which shall be punished as stated in that section. (Ord. 2509 § 1 (part), 2005: Ord. 917 § 2(c) (part), 1974; Ord. 454 § 17, 1947).
5.24.900 Severability.
If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this chapter. (Ord. 2509 § 1 (part), 2005).