009-08 - Ordinance - Amending Section 5.56 TaxicabsORDINANCE NO. 009--08
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
ESTABLISHING ADDITIONAL PENALTIES FOR VIOLATIONS OF POMC
CHAPTER 5.56 "TAXICABS" AND AMENDING SECTION 5.56,170.
WHEREAS, the City Council finds that it is in the interest of public safety to regulate
taxicabs and for -hire vehicles within the City of Port Orchard; and
WHEREAS, the current penalty provisions of POMC 5.56.170 do not provide staff
with the means to enforce the City's license requirements as set forth in POMC Chapter 5.56; and
WHEREAS, the City has several taxicabs and for -hire vehicles operating within its
City limits in violation of POMC Chapter 5.56; and
WHEREAS, the City Council wishes to give its staff the enforcement tools necessary
to ensure that all taxicabs and for -hire vehicles comply with the City code;
now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN
AS FOLLOWS:
SECTION 1. Section 5,56.170 of the Port Orchard Municipal Code is hereby amended to
read as follows:
5.56.170 Penalty.
In addition to or as an alternative to any other penalty provided herein or by law, penalties
shall be assessed by the city license officer, his or her assignee, or by a police officer against
any licensee, person, or business that violates any provision of this chapter as follows:
(1) Failure to obtain any licenses required by this chapter, other than a
Washington state driver's license, shall be punishable as follows:
(a) Each day for which a violation occurs shall constitute a separate
offense.
(b) The first offense shall be punishable by a civil penalty of $500.
(b) The second offense shall be punishable by a civil penalty of $1,000.
(c) The third or subsequent offense shall be a misdemeanor.
(2) Failure to renew any licenses required by this chapter, other than a
Washington state driver's license, within 30 days after the date of expiration shall subject
the licensee to the penalty set forth in POMC 5.12.090 to reinstate the license. Failure to
renew any delinquent licenses required by this chapter, other than a Washington state
driver's license, by Decemberlst of any year shall subject the licensee to the penalty
provisions set forth in paragraph (1).
(3) Operation of a taxicab or for -hire vehicle by a driver, without a valid
Ordinance No. 009-08
Page 2 of 2
Washington state driver's license, or when the driver's Washington state driver's license is
suspended, shall be a gross -misdemeanor offense.
(4) Other:
(a) Except as specified above, failure to comply with any other provision
of this chapter shall be punishable by a civil penalty of $250. Each 5-day calendar
period for which a violation occurs is a separate offense.
(b) Repeated violations will result in revocation of license as stated in POMC
5.56.180.
SECTION 2. This ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the entire
ordinance, as authorized by State Law.
SECTION 3, Each and every provision of this Ordinance shall be deemed severable. If any
provision of this Ordinance should be deemed to be unconstitutional or otherwise contrary to law by a
court of competent jurisdiction, then it shall not affect the validity of the remaining sections so long as
the intent of the Ordinance can be fulfilled without the illegal section.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 26th day of l%ebruary0"
Lary;CopKola,
ATTEST:
Michelle Merlino, City Clerk
APPROVED AS TO FORM: Sponsored by:
City Attorn J Colebank, Councilman
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of Ordinances approved by the Port Orchard City Council at their regular
Council meeting held February 26, 2008.
ORDINANCE NO. 009-08
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
ESTABLISHING ADDITIONAL PENALTIES FOR VIOLATIONS OF
POMC CHAPTER 5.56 "TAXICABS" AND AMENDING SECTION
5.56.170,
Copies of Ordinance No. 009-08, 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. 009-08, will be
provided at a nominal charge.
City of Port Orchard
Patti Kirkpatrick
Deputy City Clerk
Publish: Port Orchard Independent
March 1, 2008