Chapter 5.40


5.40.010    Definitions.

5.40.020    License – Required.

5.40.030    License applications – Approvals – Form – Fees.

5.40.040    Carrying permits and licenses in vehicles required.

5.40.050    Taxi stands – Terms.

5.40.060    Insurance.

5.40.070    Condition and maintenance of vehicle.

5.40.080    Prohibited acts.

5.40.090    License – Revocation – Appeal.

5.40.010 Definitions.

The following definitions apply to this chapter:

A. “Taxicab” means and includes every motor vehicle used for the transportation of passengers for hire and not operated exclusively over a fixed and defined route; except, that the term does not include auto stages, school buses operating exclusively under contract to a school district, ride-sharing vehicles, buses or vehicles operated by or under contract with a Public Transportation Benefit Area or other municipal corporation, and limousine charter party carriers licensed under Chapter 81.90 RCW whose sole use as a for hire vehicle is that of a limousine charter party carrier.

B. “City” means the City of Sunnyside.

C. “Taxicab operator” or “operator” means and includes any person, concern or entity engaged in the operation of a taxicab business within the City. The terms include any person, concern or entity which owns or acquires any interest or control, in whole or in part, in any taxicab business operating in the City. [Ord. 1850 § 1, 1994; 1956 Code § 5-601, § 8.]

5.40.020 License – Required.

No person, concern or entity shall operate a taxicab business in the City without a license as provided in this chapter. [Ord. 1850 § 1, 1994; 1956 Code § 5-601, § 1.]

5.40.030 License applications – Approvals – Form – Fees.

A. License Applications. Each applicant for a taxicab business license shall submit an application on a form provided by the City Clerk, accompanied by the license fee described below, to the City Clerk. The application shall include (1) the name and address of the owner or owners, and if a corporation the names and addresses of the principal officers thereof; (2) a brief description and vehicle identification number, and name and address of registered owner of any vehicle to be operated; (3) any State license or certificate number applicable to the business; and (4) such other information as the City may require, including the applicant’s requested location for required taxi stands as described in SMC 5.40.050, and the names of all drivers to be used in the operation of the taxicab business.

B. Review and Approvals – Procedure. Upon receipt of the completed application, the City Clerk shall refer such application, together with all documentation attached thereto, to the Chief of Police and Director of Public Works for review and approval.

1. Review by Chief of Police. Upon receipt of the application from the City Clerk, the Chief of Police shall conduct any necessary and appropriate investigation of the applicant and listed drivers, including any criminal history records check deemed appropriate, and may interview the applicant, proposed drivers, and any partner in business or interest in the proposed taxicab business. The Chief of Police may require the applicant to obtain any inspection by a qualified mechanic of all vehicles intended to be used by the applicant in the taxicab business, to ensure that the vehicles are clean, properly equipped, of good appearance, and are in a safe condition for the transportation of passengers. Upon completion of the review of the application, investigation and inspections, the Chief of Police shall recommend that the application be approved or denied, or that approval be granted upon satisfaction of specific conditions, and shall return the application with such recommendation to the City Clerk.

2. Review by Director of Public Works. Upon receipt of the completed application from the City Clerk, the Director of Public Works, or his designee, shall review the application and shall recommend approval, denial or modification of the location of any taxi stand required in SMC 5.40.050. After review, the Director of Public Works shall return the application and recommendation to the City Clerk.

Upon receipt of the application and recommendations from the Chief of Police and Director of Public Works, the City Clerk shall refer the application, together with the recommendations, to the City Manager, and together with the applicant’s proof of insurance as provided in SMC 5.40.060, the City Manager may approve, deny or modify the application as he deems appropriate and in the best interest of the residents of the City of Sunnyside.

C. Application Fee – License Fee.

1. Application Fee. The applicant shall submit with each application for a taxicab business license the sum of $200.00, which shall cover the cost of review, investigation and any inspections conducted by the City. This application fee must accompany each application for a taxicab business to be operated within the City. No application shall be considered without payment of the application fee.

2. License Fee. Upon approval of the application for a City taxicab operator’s license, the operator shall pay an operator’s license fee of $50.00. 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, and no license shall be transferred from one licensee to another person, firm, concern or entity. Each licensee must obtain an annual license, and the fee for such annual license shall be $50.00. [Ord. 1850 § 1, 1994; 1956 Code § 5-601, § 3.]

5.40.040 Carrying permits and licenses in vehicles required.

Every person owning or engaged in the business of operating any taxicabs shall cause to be constantly carried in such vehicle the permits and licenses issued by the Washington State Department of Licensing showing such vehicles to be properly bonded for the protection of the public, and also the licenses and permits issued pursuant to City ordinances. [Ord. 1850 § 1, 1994; 1956 Code § 5-601, § 10.]

5.40.050 Taxi stands – Terms.

Each vehicle operated as a taxicab within the City shall have a regular place or stand from which to operate subject to prior approval of the Director of Public Works. Upon approval of any such taxi stand on a City street, the City shall cause a space equal to one parking space on the curb at the place designated to be properly painted and proper signs erected designating such space as reserved for taxicabs only; and it is unlawful for any vehicle, other than the vehicle for which the space is designated, to use such space for parking purposes, and any person so using such space shall be liable for a fine for improper parking. [Ord. 1850 § 1, 1994; 1956 Code § 5-601, § 4.]

5.40.060 Insurance.

The City Clerk, in granting of any license provided for in this chapter to a taxicab, shall require the owner or operator thereof to file proof of the procuring of liability and property damage insurance in the sum of $100,000 for any recovery for death or personal injury by one person, and $300,000 for all persons killed or receiving personal injury by reason of one act of negligence, and $25,000 for damage to property of any person other than insured, and shall maintain such liability and property damage insurance in force on each motor-propelled vehicle while so used under such license. Each policy for liability or property damage insurance required under this chapter shall be filed with the City Clerk and kept in full force and effect, and failure to do so shall be cause for the revocation of the license. [Ord. 1850 § 1, 1994; Ord. 1221 §§ 1, 2, 1979; 1956 Code § 5-601, § 5.]

5.40.070 Condition and maintenance of vehicle.

It shall be the responsibility of the operator to ensure that all vehicles operating under the authority of this chapter are clean, properly equipped, of good appearance, and are in a safe condition for the transportation of passengers. [Ord. 1850 § 1, 1994; Ord. 1605 § 1, 1987; 1956 Code § 5-601, § 11.]

5.40.080 Prohibited acts.

A. It is unlawful for any person owning, controlling, or engaged in the business of operating taxicabs to employ as a driver of any such vehicle, or permit any such vehicle to be driven by, a driver who does not possess a valid and subsisting driver’s license in accordance with the laws of the State of Washington.

B. It is unlawful for any person to refuse to pay the regular fare for a taxicab after having hired the same. [Ord. 1850 § 1, 1994; 1956 Code § 5-601, §§ 12, 14, 15.]

5.40.090 License – Revocation – Appeal.

A. All licenses issued shall be subject to revocation by the City Manager if the holder thereof or any person employed by him in the operation of any such vehicle fails or neglects to comply with or violates any of the terms and provisions of this chapter; or who violates any of the terms and provisions of any of the ordinances of the City relative to the operation or use of vehicles upon the public highways or to the use of such highways, or relating to traffic upon the same; or who directly or indirectly, either himself or by or through his agent, driver or servant, sells, gives away, or in any manner disposes of narcotic drugs or intoxicating liquor in connection with the use of any such vehicle in the transaction of the business for which such license has been issued; or who knowingly uses or permits the use of any such vehicle to carry or transport such drugs or liquor or who violates any of the ordinances of the City in or by the use or operation of such vehicle.

B. Upon complaint being made to the City Manager of any of the acts or omissions herein set forth, notice shall be given to the holder of such license thereof, and that at a time and place to be fixed therein, not less than 10 days after the date of said notice, the City Manager will conduct a hearing upon the question of whether or not the license shall be revoked, at which time and place or the time and place shall have the right to be heard and produce evidence in his/her behalf. If upon such hearing the City Manager shall be satisfied that the licensee, or the driver of any vehicle covered by such license, is or has been guilty of the act or omission complained of, and that by reason thereof the license should be revoked, the City Manager may thereupon revoke such license. The decision of the City Manager may be appealed to the City Council by delivery of a written notice of appeal to the City Clerk within 30 days of the City Manager’s decision. [Ord. 1850 § 1, 1994.]