Chapter 5.28
FOR-HIRE VEHICLES
Sections:
5.28.020 Business license – Registration – Required.
5.28.030 Registration – Application – Required information.
5.28.040 Registration – Application – Inspection of vehicles – Issuance.
5.28.060 Operation regulations.
5.28.070 For-hire vehicle operator’s license – Qualifications.
5.28.080 Initial for-hire vehicle operator’s license – Required.
5.28.090 For-hire vehicle operator’s license – Application – Information required.
5.28.100 For-hire vehicle operator’s license – Application – Police endorsement.
5.28.110 Initial for-hire vehicle operator’s license – Fee.
5.28.115 For-hire vehicle operator’s license – Term – Renewal – Fee.
5.28.120 For-hire vehicle operator’s license – Exhibition required.
5.28.130 For-hire vehicle operator’s license – Temporary.
5.28.140 For-hire vehicle operator’s license – Nontransferable.
5.28.150 Fare – Filing – Posting required.
5.28.170 Fare – Refusal to pay.
5.28.180 Insurance requirement.
5.28.200 For-hire vehicle operator’s license denial or revocation.
5.28.010 Definitions.
The following definitions shall apply to the provisions of this chapter:
“For-hire vehicle” means any motor vehicle used for transportation of passengers for compensation and not operated over a fixed and defined route, including taxicabs. This chapter does not regulate limousine charter carriers regulated under Chapter 81.90 RCW, charter party carriers of passengers and excursion service carriers regulated under Chapter 81.70 RCW, or a private, nonprofit corporation providing transportation services for compensation solely to elderly or handicapped persons as regulated under Chapter 81.66 RCW. (Ord. 2016-011 § 1 (Exh. A); Ord. 2001-009)
5.28.020 Business license – Registration – Required.
Except as provided in this section, no person shall operate or permit a for-hire vehicle owned or controlled by him/her to be operated as a for-hire vehicle within the corporate limits of the city without first having obtained a city business license pursuant to Chapter 5.04 SMC through the Washington State Department of Revenue. (Ord. 2016-011 § 1 (Exh. A); Ord. 2001-009)
5.28.030 Registration – Application – Required information.
In addition to all other information required of an applicant for a business license, an applicant for a for-hire vehicle registration shall provide the following information:
A. Full information concerning the ownership, including vehicle registration, the number and classification of vehicles to be operated, and the name, fictitious or otherwise, under which the applicant intends to operate;
B. The distinguishing color scheme, dress or design, including any monogram or insignia intended to be used upon the vehicle; such shall not resemble any police vehicle;
C. The rates proposed to be charged. (Ord. 2016-011 § 1 (Exh. A); Ord. 2001-009)
5.28.040 Registration – Application – Inspection of vehicles – Issuance.
Before commencing operation, each registrant shall file with the clerk a certificate of inspection showing all vehicles subject to this chapter have been inspected by an ASE certified mechanic. Proof of inspection must be conspicuously posted inside the vehicle. (Ord. 2016-011 § 1 (Exh. A); Ord. 2001-009)
5.28.050 Equipment.
Every vehicle licensed under this chapter shall be equipped with an approved fire extinguisher and first aid kit and appropriate, lawful seatbelts or passenger restraint devices for all passengers including appropriate, lawful car seats and booster seats for children and infants. All vehicles operated as taxicabs shall have an illuminated taxi sign or roof light, which shall be illuminated at all times while the taxicab is in operation as such. Vehicles licensed under this chapter, but not operated as taxicabs, shall have distinguishing signs. (Ord. 2016-011 § 1 (Exh. A); Ord. 2001-009)
5.28.060 Operation regulations.
The operation of a for-hire vehicle business shall be governed by the following regulations, in addition to all other regulations of statute or ordinance:
A. No for-hire stand or zone may be operated without the permission of the owner or occupant of all adjoining premises.
B. No registrant shall permit more than three for-hire vehicles to stand or wait at the same time in a stand or zone or permit for-hire vehicles to cruise the streets for passengers.
C. Upon request by any authorized peace officer, every person engaged in the business of transporting passengers for hire under the provisions of this chapter shall present all information in regard to the address of the house or place to or from which he has driven or caused to be driven any passenger, as well as descriptions, names and addresses of such passengers, if known to him. Every person engaged in the for-hire vehicle business in the city of Sequim shall maintain records of the number, location, and length of trips made each day and shall retain and preserve such information for at least two years and shall make such reports available to the city clerk or chief of police upon request. No person shall operate a for-hire vehicle without first having obtained a for-hire vehicle operator’s license to do so.
D. No person shall operate or be in actual physical control of a for-hire vehicle while under the influence of intoxicating liquor or drugs.
E. Every person engaged in the business of operating for-hire vehicles in the city of Sequim shall maintain a business address and a mailing address where the owner can accept mail and a business telephone in working order that shall be answered during normal business hours, Monday through Friday, and during all hours of operation and shall at all times have for-hire vehicles which are registered pursuant to this chapter and are capable of providing service in the city of Sequim.
F. Drivers of for-hire vehicles employed to carry passengers to a definite point shall take the most direct route possible that will carry the passengers safely and expeditiously to the passengers’ destination. (Ord. 2016-011 § 1 (Exh. A); Ord. 2001-009. Formerly 5.28.070)
5.28.070 For-hire vehicle operator’s license – Qualifications.
No person shall be permitted to obtain a for-hire vehicle operator’s license for the driving of for-hire vehicles unless the following minimum requirements are met:
A. Possession of a valid Washington State driver’s license;
B. Having been a licensed driver for at least three consecutive years prior to the date of application for a license;
C. The ability to speak, read and write the English language;
D. Not being addicted to the use of intoxicating liquor or drugs within two years preceding the date of the application for a license;
E. Not having been convicted of a felony, or of operating a motor vehicle while under the influence of intoxicating liquor or drugs, or of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs, or of negligent or reckless driving, within five years preceding the date of the application for a license;
F. Not having been convicted of three or more moving violations during a one-year period during the five years preceding the date of the application for a license. (Ord. 2016-011 § 1 (Exh. A); Ord. 2001-009. Formerly 5.28.080)
5.28.080 Initial for-hire vehicle operator’s license – Required.
A. All persons, except those holding a current for-hire vehicle operator’s license issued by the city of Sequim, are required to obtain an initial for-hire vehicle operator’s license.
B. For-hire vehicle operator licensees who cease, for reasons other than illness or injury, to be actively employed as a for-hire vehicle driver for a period more than 90 calendar days are required to reapply for a for-hire vehicle operator’s license. (Ord. 2016-011 § 1 (Exh. A); Ord. 2001-009. Formerly 5.28.085)
5.28.090 For-hire vehicle operator’s license – Application – Information required.
In addition to all other information required by the city clerk, or designee, the following information shall be required: the full name, address, residence; age, height, weight, color of eyes and hair; place of birth; length of time he or she has resided in the state; whether a citizen of the United States; whether previously licensed as a driver or chauffeur, and if so, when and where; whether such license has ever been revoked and for what cause. Such application shall be signed and sworn to by the applicant, and filed with the chief of police as a permanent record. Every applicant for a for-hire vehicle operator’s license must submit to fingerprinting, photographing, and a criminal and driver’s records check by the police department. (Ord. 2016-011 § 1 (Exh. A); Ord. 2001-009)
5.28.100 For-hire vehicle operator’s license – Application – Police endorsement.
The chief of police or designee shall make a recommendation to the clerk, or designee, within 10 working days of the filing of a complete application or the return of the criminal and driver’s records check, to issue or not to issue a for-hire vehicle operator’s license permitting the person to drive a for-hire vehicle. In arriving at his/her recommendation, the chief of police, or designee, is authorized to conduct an appropriate investigation to assist in the determination of whether or not the qualifications for the driving of for-hire vehicles are met and the issuance of the license would be consistent with the public health, safety and welfare. (Ord. 2016-011 § 1 (Exh. A); Ord. 2001-009)
5.28.110 Initial for-hire vehicle operator’s license – Fee.
The fee for obtaining the initial for-hire vehicle operator’s license shall be as established by resolution. The fee is not subject to proration. (Ord. 2016-011 § 1 (Exh. A); Ord. 2006-003 § 2; Ord. 2005-029 § 2; Ord. 2001-009)
5.28.115 For-hire vehicle operator’s license – Term – Renewal – Fee.
For-hire vehicle operator’s licenses shall be for a period of one year beginning January 1st of the year of application and expiring on December 31st. The licensee shall submit an abstract of driving record issued by the state of Washington Department of Licensing annually, on or before January 1st.
The fee for renewal of a for-hire vehicle operator’s license shall be the same as a newly issued license and is not subject to proration. (Ord. 2016-011 § 1 (Exh. A); Ord. 2006-003 § 2; Ord. 2001-009)
5.28.120 For-hire vehicle operator’s license – Exhibition required.
Each licensed driver shall wear his or her for-hire vehicle operator’s license prominently displayed on an outer garment and upon the request of any police officer or passenger, exhibit his/her license and photograph for inspection. (Ord. 2016-011 § 1 (Exh. A); Ord. 2001-009)
5.28.130 For-hire vehicle operator’s license – Temporary.
The clerk or designee may, on the recommendation of the chief of police or designee, issue a temporary for-hire vehicle operator’s license, pending the completion of the investigation required pursuant to this chapter, effective only until the application is finally acted upon by the chief of police, and in no event for a period longer than 90 days. (Ord. 2016-011 § 1 (Exh. A); Ord. 2001-009)
5.28.140 For-hire vehicle operator’s license – Nontransferable.
No for-hire vehicle operator’s license shall be transferable. (Ord. 2016-011 § 1 (Exh. A); Ord. 2001-009)
5.28.150 Fare – Filing – Posting required.
Every person conducting or carrying on the business of transporting passengers for hire registered pursuant to this chapter shall post in a conspicuous place in every vehicle, the schedule of fares. (Ord. 2016-011 § 1 (Exh. A); Ord. 2001-009)
5.28.160 Fare – Overcharge.
Any driver of a for-hire vehicle who charges any passenger a fare higher than that provided in the schedule of fares filed with the city shall be subject to penalties imposed as set forth in SMC 5.28.190. (Ord. 2016-011 § 1 (Exh. A); Ord. 2001-009)
5.28.170 Fare – Refusal to pay.
It is unlawful for any person to refuse to pay the regular fare for a for-hire vehicle, after having hired the same. (Ord. 2016-011 § 1 (Exh. A); Ord. 2001-009)
5.28.180 Insurance requirement.
Each for-hire service shall maintain appropriate insurance coverage as required by the state of Washington. (Ord. 2016-011 § 1 (Exh. A); Ord. 2001-009. Formerly 5.28.190)
5.28.190 Penalties.
All violations of this chapter, except for operating a for-hire business without registering, shall be punishable as a Class 2 civil infraction as set forth in Chapter 7.80 RCW. Operating a for-hire business without registering shall be punishable as a Class 1 civil infraction. Infractions may be issued to the driver and to the registered business owner, and each day business is conducted is deemed a separate violation. (Ord. 2016-011 § 1 (Exh. A))
5.28.200 For-hire vehicle operator’s license denial or revocation.
In addition to grounds supporting denial or revocation of for-hire vehicle operator’s licenses set forth in any other chapter of this code, a license may also be denied or revoked upon a finding that:
A. Any applicant or licensee has omitted to disclose any material fact or has provided any misleading statement in the application for license; or
B. Any for-hire vehicle operator’s license applicant or licensee has become disqualified under SMC 5.28.070, 5.28.090 or applicable state law to hold a driver’s license for the driving of taxicabs or for-hire vehicles; or
C. Any for-hire business or for-hire vehicle operator licensee who persistently violates operating standards. For purposes of this section, “persistently” means three or more separate violations within one calendar year; or
D. Any for-hire vehicle business license applicant or licensee fails to report the disqualification of a driver in his or her employ to the city clerk and chief of police, or their designees.
E. The procedure for denial or revocation for a for-hire vehicle operator’s license shall be the same as set forth in SMC 5.04.140. (Ord. 2016-011 § 1 (Exh. A); Ord. 2001-009)