Loading...
1777 - Ordinance - Licensing of Taxicabs� � A NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held November 22, 1999. ORDINANCE NO. 1777 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, PROVIDING FOR THE LICENSING OF TAXICABS; THE QUALIFICATIONS OF APPLICANTS TO DRIVE TAXICABS WITHIN THE CITY OF PORT ORCHARD AND PROVIDING A PENALTY FOR THE VIOLATIONS THEREOF AND REPEALING ORDINANCE NOS. 507, 781, 881, 1226, 1228 AND 1235. Copies of Ordinance No. 1777 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 1777 will be provided at a nominal charge. City of Port Orchard Michelle Merlino Deputy Clerk Publish: Port Orchard Independent December 1, 1999 ORDINANCE NO. 1777 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON PROVIDING FOR THE LICENSING OF TAXICABS; THE QUALIFICATIONS OF APPLICANTS TO DRIVE TAXICABS WITHIN THE CITY OF PORT ORCHARD AND PROVIDING A PENALTY FOR THE VIOLATIONS THEREOF AND REPEALING ORDINANCE NOS. 507, 781, 881, 1226, 1228, AND 1235. WHEREAS, the City Council of the City of Port Orchard provided for licensing of taxicabs and applicants to drive taxicabs within the City of Port Orchard by adopting Ordinance No. 507 on October 9, 1944, and WHEREAS, the City Council has periodically reviewed and revised certain sections of Ordinances regulating the licensing of taxicabs and for -hire drivers, the last revision being adopted in 1983, and WHEREAS, the City Council of the City of Port Orchard, desires to update the rules, regulations, and penalties for licensing taxicabs and applicants to drive taxicabs within the City of Port Orchard, now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY ORDAIN: SECTION 1. Supervisory duties of officials. (1) The licensing of taxicabs, the examining of the qualifications of applicants to drive taxicabs; and the licensing of drivers as hereinafter provided shall be under the supervision of the city clerk (hereinafter referred to as "clerk"), and (2) The inspection of taxicabs, inspection and sealing of taxicab meters and the enforcing of the provisions of this chapter shall be under the supervision of the chief of police (hereafter referred to as "chief), and (3) The location and designation of taxicab stands and parking spaces shall be under the supervision of the city council (hereafter referred to as "council"). SECTION 2. Taxicab owner and for -hire vehicle owner responsibilities. (1) The owner of a taxicab or for -hire vehicle must ensure the taxicab or for -hire vehicle is being operated only by a driver who holds a valid for -hire license. (2) The taxicab or for -hire vehicle owner must maintain a business address and a mailing address where the owner can accept mail, and a business telephone in working order that can be answered at least 9 AM to 5 PM Monday through Friday, and during all hours of operation. The taxicab office or dispatch center may suffice for this requirement. (3) The taxicab owner shall comply with all requirements for taxicabs within this chapter. (4) The taxicab or for -hire vehicle owner must notify the clerk or designee within three (3) working days of learning of the following occurrences: (a) Any conviction, bail forfeiture or other final adverse finding received by the taxicab driver or for -hire vehicle driver, for any criminal offense that occurs during, or arises out of, the driver's operation of a taxicab or for - hire vehicle. Ordinance No. 1777 Page 2of5 (b) Any conviction, bail forfeiture, or other final adverse finding received by the taxicab or for -hire vehicle driver for any criminal offense involving theft, robbery, burglary, assault, sex crimes, drugs, prostitution, or any related offense. (c) Any vehicle accident required to be reported to the State of Washington involving any taxicab operated by the taxicab driver or for -hire vehicle operated by the for -hire driver. (d) Any restriction, suspension, or revocation of the taxicab or for -hire vehicle driver's motor vehicle driver's license. (5) The taxicab or for -hire vehicle owner must maintain daily trip sheet records and complaint logs, for all licensed vehicles. The for -hire vehicle owner must keep daily trip sheets and complaint logs for a minimum of three (3) years. The for -hire vehicle owner must provide the clerk or designee upon request the following information compiled from the daily trip sheets: (a) Number of service requests (trips) during the last year; (b) Average operating hours per week per vehicle for the last year; (c) Number of complaints received regarding: 0) driver conduct categorized by driving behavior, communication, personal dress, or hygiene; (ii) vehicle condition categorized by appearance, mechanical, and/or safety; (iii) service response; and (iv) lack of driver knowledge including incorrect route or no knowledge of destination requested. (d) All complaints received regarding either the for -hire driver or the taxicab or for -hire vehicle, where such complaint involves an alleged violation of this chapter, including a note of the action taken to resolve the complaint and the disposition, if known. SECTION 3. Vehicle license required - Application. No taxicab shall ply or be operated upon the streets of the city without first obtaining a license so to do. The license shall be issued by the clerk or designee. The license if issued shall be for the calendar year and shall be effective for such period of time unless sooner suspended or revoked as hereinafter provided. Applications for license for taxicab shall be made by the owner thereof upon blank forms to be furnished by the clerk. The applications shall contain the full name and address of the owner, the type of the vehicle, and its passenger carrying capacity. SECTION 4. Mechanical requirements of vehicle. No taxicab shall be licensed unless it is in a safe condition for use as such, nor unless there is installed therein a taximeter capable of mechanically calculating the rates for -hire; provided, that the council may, for good cause shown, waive the requirement for installation of the taximeters. SECTION 5. Vehicle license card. If upon inspection taxicab is found to be of lawful construction and in proper condition in accordance with the provisions of this chapter, upon payment of the license fee hereinafter set forth the same shall be licensed by delivering to the owner a card of such size and form as may be prescribed by the clerk. • s Ordinance No. 1777 Page 3of5 SECTION 6. Name of owner displayed on vehicle. Every taxicab licensed under the provisions of this chapter shall have the name of its owner plainly painted in letters at least two inches in height in a conspicuous place on each side of the vehicle. SECTION 7. Vehicle license fee. The license fee shall be $20.00 per annum for each taxicab licensed. In the case of licenses issued on or after July 1st of each year, one-half only of the above fee shall be paid. Such license shall not be transferable. SECTION 8. Maintenance of vehicles - Inspection. The owner of each taxicab shall maintain vigilance over all taxicabs to see that they are kept in a condition of continued fitness for public use. The Police Department shall inspect all taxicabs on the complaint of any citizen, or from time to time as may be deemed necessary SECTION 9. Driver's license required - Qualifications of drivers. Every person driving a taxicab must be licensed as such. Each applicant for a driver's license shall be: (1) Licensed by the State of Washington to drive a vehicle, and (2) 21 years of age or over, and (3) Able to speak, read, and write the English language, and (4) A for -hire driver shall operate the taxicab or for -hire vehicle with due regard for the safety, comfort, and convenience of passengers, and (5) Fill out upon a blank form to be provided by the clerk a statement giving their full name, address, age, height, color of eyes and hair, place of birth, whether the applicant has ever been convicted of a felony or a misdemeanor, whether the applicant has been previously licensed as a driver or chauffeur, and if so, when and where, whether their license has ever been revoked and for what cause. This statement shalt be signed and sworn to by the applicant and filed with the clerk. SECTION 10 For -hire driver -passenger relations standards. (1) A for -hire driver shall provide customers with professional and courteous service at all times. (2) A for -hire driver shall not refuse a request for service because of the driver's position in line at a taxicab zone; a passenger may select any taxicab in line. (3) A for -hire driver shall at all times assist a passenger by placing luggage or packages (under fifty (50) pounds) in and out of the taxicab or for -hire vehicle. (4) A for -hire driver shall not refuse to transport in the taxicab or for -hire vehicle any passenger's wheelchair which can be folded and placed in either the passenger, driver, or trunk compartment of the taxicab or for -hire vehicle, an assist dog or guide dog to assist the disabled or handicapped, groceries, packages, or luggage when accompanied by a passenger. (5) A for -hire driver shall use the most direct available route on all trips Unless the passenger specifically requests to change the route. (6) A for -hire driver shall not permit any person or pet to ride in the taxicab of for -hire vehicle unless that person or pet accompanies, or is in the vehicle at the request of, a fare -paying individual. This requirement shall not apply to identified driver trainees. Ordinance No. 1777 Page 4 of 5 (7) A for -hire driver shall not refuse to transport any person except when: (a) The for -hire driver has already been dispatched on another call; (b) The passenger is acting in a disorderly or threatening manner, or otherwise causes the for -hire driver to reasonably believe that the for - hire driver's health or safety or that of others, may be endangered; (c) the passenger cannot, upon request, show ability to pay the fare. (8) A for -hire driver shall not smoke while the taxicab or for -hire vehicle is occupied without the consent of all passengers. (9) A for -hire driver shall be able to provide a reasonable amount of change, and if correct change is not available, no additional charge will be made to the passenger in attempting to secure the change. (10) A for -hire driver shall not make any discriminatory charges to any person, or make any rebate or in any manner reduce the charge to any person unless such is in conformity with the discounts or surcharges contained in the filed rates. SECTION 11. Fingerprints and photographs of driver applicant. Every applicant for a driver's license must submit to fingerprinting by the chief or designee and must file with their application two recent photographs of them self of a size designated by the clerk and which may be easily attached to their license, one of which shall be so attached when issued, the other shall be filed with the application. The photograph shall be so attached to the license that it cannot be removed and another photograph substituted without probability of detection. Each licensed driver shall on demand of the license inspector, police officer or a passenger, exhibit their license and photograph for inspection. SECTION 12. Issuance of driver's license. Upon satisfactory fulfillment of the five requirements set forth in this chapter, there shall be issued to the applicant a license, which shall be in such form as to contain the photograph and signature of the licensee. Drivers' licenses shall be issued for the calendar year. SECTION 13. Renewal of driver's license. A driver's license may be renewed from year to year by clerk or designee. A driver in applying for a renewal of their license shall make such application upon a form to be furnished by the clerk. Application for renewal must be submitted prior to expiration of the current license. SECTION 14. Driver's license fee — Non -transferability of license. The license fee for a driver's license shall be $30.00 yearly. The license shall not be transferable. SECTION 15. Driver's license records kept by clerk. There shall be kept by the clerk a complete record of each license issued to a driver, and of all renewals, suspensions, and revocations thereof, which record shall be kept on file with the original application for a license. SECTION 16, Driver to furnish receipt on demand. If demanded by the passenger, the driver in charge of the taxicab shall deliver to the person paying for the hiring of the same at the time of such payment a receipt therefor in legible type or writing containing the name of the owner, the city vehicle license number or the driver's city license number, and any items for which a charge is made, the total amount paid, and the date of payment. SECTION 17. Penalty. Repeated violations will result in revocation of license as stated in Section 18. Ordinance No. 1777 Page 5 of 5 SECTION 18. Revocation or suspension of license, procedure. (1) Licenses issued pursuant to the provisions of this chapter may be revoked or suspended for violation of such provisions by resolution of the council whenever it shall find that the licensee or any agent, servant, or employee of such licensee has violated the provisions of this chapter or permitted the same to be violated; provided, however, no such license shall be revoked or suspended unless charges in writing shall first have been fled with the clerk setting forth with reasonable certainty the nature of such charges against the licensee. Upon the filing of charges as aforesaid the council shall fix a time and place for the hearing of the charges, and a copy of the charges as filed, together with notice of the time and place of hearing, shall be served upon the licensee at least five days prior to the date fixed by the council for the hearing. (2) Any notice provided for in this section shall be served, either (a) by delivering copy personally,to the licensee, or (b) by leaving a copy with some person of suitable age and discretion at the place of business of the licensee, or if no such person be found at the place of business of the licensee, by leaving such notice in a conspicuous place on the premises, and mailing a copy of the notice to the licensee at his place of business as set forth in his application for license. At the hearing on said charges the licensee shall have the right to appear and defend the charges and if licensee so desires, to be represented by counsel. SECTION 19. Validity. The invalidity or unconstitutionality of any provision or section of this ordinance shall not render any other provision or section of this ordinance invalid or unconstitutional. SECTION 20, Repealer. The following ordinances are hereby repealed in their entirety; (1) Ordinance No. 507, enacted October 9, 1944. (2) Ordinance No. 781, enacted January 23, 1967. (3) Ordinance No. 881, enacted June 14, 1971. (4) Ordinance No.1226, enacted February 28, 1983. (5) Ordinance No. 1228, enacted March 14, 1983. (6) Ordinance No. 1235, enacted July 11, 1983. SECTION 21. Savings Clause, Ordinance Nos. 507, 781, 881, 1226, 1228, and 1235, which has been repealed by this ordinance, shall remain in force and effect until the effective date of this ordinance. PASSED by the City Council of the City of Port Orchard, AP OVER by the Mayor and attested by the Clerk in authentication of such passage this 22nd day of N e er 1999. ATTEST: LESLIE J. WEATHERILL, MAYOR r7l�Lf' 'I atricia Parks, City erk AP P OVED AS TO FORM: Ila City Attorney SPONSORED BY: Councilman Stansbery