HomeMy WebLinkAbout3858 Ordinance ORDINANCE NO.
AN ORDINANCE amending Chapter 5.45 "For-Hire Vehicles" of the
Pasco Municipal Code.
WHEREAS, the City Council of the City of Pasco has determined that certain
amendments to the Pasco Municipal Code regarding For-Hire Vehicles is warranted;
NOW, THEREFORE, the City Council of the City of Pasco, Washington, Does
Ordain as follows:
Section 1. That Section 5.45 FOR-HIRE VEHICLES of the Pasco Municipal Code is
amended to read as follows:
5.45.010 PURPOSE. The provisions of this chapter shall be deemed an exercise of the
power of the City to license and regulate. (Ord. 3335 Sec. 2, 1998.)
5.45.020 GENERAL PROVISIONS. The provisions of this chapter shall apply whether
or not the Operator's business office is located within the City of Pasco. Unless otherwise
specified, the Finanee Manage City Clerk shall administer the provisions of this chapter. The
Finanee Manager- ffi �y pfovisien- of this ehapter- (other than the requirements of
5.45.040 to 5.45.080) if `' °P DFiver or-
>as the ease may be, has eemplied Wi
Washington, the City of Kennewiek,
washingteD, eke-Washi-agten Utilities and p�efen The Finanee
Manager-'s eensent to waiver- shall not be up&easenably withhold of delayed-.- (Ord. 3560 Sec. 36,
2002; Ord. 3335 Sec. 2, 1998.)
5.45.030 DEFINITIONS.
A) "Driver" as used in this chapter means any person driving a For-Hire Vehicle.
B) "For-Hire Vehicle" as in this chapter means any privately-owned motor vehicle
used for the conveying of passengers for hire within the City.
C) "Operator" as used in this chapter means any person, firm, partnership, or
corporation who shall engage in the business of conveying passengers by For-Hire Vehicle.
(Ord. 3335 Sec. 2, 1998.)
D) "Operator's Vehicle License" as used in this chapter means the license to overate
a For-Hire Vehicle as approved by the Chief of Police and issued by the City of Pasco.
E) "Operator's Business License" as used in this chapter means the business license
issued by the City of Pasco to conduct a for-hire vehicle business within the City of Pasco city-
limits.
5.45.040 OPERATOR'S VEHICLE LICENSE. No For-Hire Vehicle shall be used in
the City unless such vehicle is licensed pursuant to Section 5.45.050 hereof. (Ord. 3335 Sec. 2,
1998.)
5.45.050 OPERATOR'S VEHICLE LICENSE - ISSUANCE. The Finaflee Manager
City Clerk shall, upon finding the applicant has met the requirements set forth in this chapter,
issue the applicant an Operator's Vehicle License for its For-Hire Vehicles. The annual fee for
each License issued shall be as set forth in Chapter 3.07 of this code per vehicle. The maximum
annual license fee will be as set forth in Chapter 3.07 of this code for annual vehicle licensing,
regardless of the number of vehicles licensed. Each Vehicle License shall bear a serial number
and a brief description of the vehicle Licensed, the name and address of the Operator, and the
Operator's state License number, in addition to the License required pursuant to section 5.45.060.
(Ord. 3560 Sec. 37, 2002; Ord. 3335 Sec. 2, 1998.)
5.45.060 OPERATOR'S BUSINESS LICENSE - TERM. Each Operator's Business
License shall be valid for one year from issue, and no fractional License shall be issued. Such
license shall begin January I st of each year and terminate the following December 31 st, and
must be renewed annually on the first regular business day of January, but in no case later than
the last regular working day of February each year. (Ord. 3335 Sec. 2, 1998.)
5.45.070 OPERATOR'S VEHICLE LICENSE TRANSFER. ENeept as .,revidean
Seetien G A 5.080, .. No operator's vehicle license shall be transferred from one person to another;
pr-evided, however,-at an Operator may add or delete For-Hire Vehicles to or from its License
for a fee of five de"°~° for each addition and
deletion. (Ord. 3335 Sec. 2, 1998.)
5.45.080 OPERATOR'S BUSINESS LICENSE - SALE. An Operator's Business
License may not be transferred ,
11A.4-4-i-oh ;hA Ret be uiueasenably withheld. A ty-ansfer- fee as set feAh in Chapter 3.07 ef this ee
sha4l be f-equifed for- ° „h approved transfer-. (Ord. 3560 Sec. 38, 2002; Ord. 3335 Sec. 2, 1998.)
5.45.090 DRIVER'S PERMIT - FEE. No person shall drive a For-Hire Vehicle within
the City without first obtaining a Driver's Permit. No Operator shall utilize a Driver who is not
permitted as provided herein. A fee of fifty dollars ($50.004, as set forth in Chapter 3.07 of this
code, shall accompany the application for the Permit. In all cases where an Operator desires to
act as a Driver, he shall, in addition to the requirements for the Operator's License, secure a
Driver's Permit. (Ord. 3335 Sec. 2, 1998.)
5.45.100 DRIVER'S PERMIT - QUALIFICATIONS. No person shall be issued a
Driver's Permit unless the person:
A) Is at least twenty-one (2 1) years of age and possesses of a valid state
driver's license; and
B) Complies with all state laws and regulations relating to For-Hire Vehicles and
provides a copy such proof including but not limited to the following
1 Proof of age-21 years or older
2. Valid State of Washington driver's license
3. Proof of UBI
4. Proof of insurance (liability and property insurance)
5. Proof of annual State of Washington vehicle inspection
6 Proof of successfully completing a training course approved by Washington State
Department of Licensing
7. Proof of successfully having passed a written examination approved by Washington
State Department of Licensing(renew ever�3-years)
8 Copy of a medical certificate certifying the individual's fitness as a chauffeur (renew
every 3-years).
The applicant shall file with the >;;.,. nee Manage City Clerk an application on a form
furnished by the Finanee Manage Ci y Clerk, which shall be signed and sworn to by the
applicant and which shall set forth the following facts concerning the applicant: Name, height,
weight, color of hair and eyes, residence address, place and date of birth, length of time a
resident in Pasco, whether a citizen or non-citizen, last place of employment, whether previously
permitted and., if so,where and whether or not the Permit was ever suspended or revoked and., for
what cause, and such other information as the wee-Manager City Clerk may require. (RCW
46.72., RCW 46.72A and RCW 81.72)(Ord. 3560 Sec. 39, 2002; Ord. 3335 Sec. 2, 1998.)
5.45.110 DRIVER'S PERMIT - REQUIREMENTS. Before a Driver's Permit shall be
issued, the applicant shall submit to and / or supply the following to the Pasco Police
Department:
A To being fingerprinted for a non-refundable fee, as set forth in Chapter 3.07 of this
code;
B) Photographed annuals for a non-refundable fee as set forth in Chapter 3.07_ of this
code;
C) Driver's cheer
D_) Criminal history check — one time non-refundable fee e€ $30 00, as set forth in
Chapter 3.07 (RCW 46.72, RCW 42.72A and RCW 81.72);
E Health Department TB test results on an annual basin and
F) Outstanding warrants check. te being fingerprinted and phetegffiphed. The Peliee
Chief shall also make the fbilewing inquiry rege&difig the applieant's baekgreand:
B) A er-ifnifial history , and
C) An outstanding waFfai4s eheek-.
The Chief of Police shall fumis notify the Finanee Manage City Clerk with the
approval or disapproval of a r-epeft en the applicant's qualifications , if any.
(Ord. 3335 Sec. 2, 1998.)
5.45.120 DRIVER'S PERMIT - APPROVAL. If the applicant possesses the
qualifications described above and has no felony convictions within the past five (5) years, then
the >a;, ane Mama°Y City Clerk shall approve the application. if the Finanee Manager- fejeets
the application, the ph .-.t m appeal the deeision to the City C'oiin (Ord. 3560 Sec. 40,
2002; Ord. 3335 Sec. 2, 1998.)
5.45.130 DRIVER'S PERMIT - CARD. A) Upon the finding that the applicant has met
the requirements of this chapter, the Finanee Manage Chief of Police shall cause to be issued a
card bearing the name and description, including an annual updated photo of the Driver, which
card shall be carried on the Driver's person at all times when he is operating a For-Hire Vehicle.
of!h entir-e review desefibed in 5.45.110, .ided that the resulta_of the i . desef b,e,l i
5.4 51 10 (a) (e) indieate that the applicant has ne f lent' eeavicAens i .itl.i.. the past five (G\
yeafs: (Ord. 3560 Sec. 41, 2002; Ord. 3335 Sec. 2, 1998.)
5.45.140 FOR-HIRE VEHICLE CONDITION - INSPECTION. All vehicles operating
under authority of this chapter shall be annually inspected by a certified mechanic acceptable to
the Chief of Police, ensuring that each For-Hire Vehicle is clean, properly equipped and in a safe
operating condition. With regard to each vehicle inspected, the inspector shall certify that:
A) All lights and reflectors are operable;
B) All turn signals are operable;
C) Wiring is in good condition;
D) Battery is in good condition and is properly secured;
E) Vehicle brakes are in good condition;
F) Parking brake is in good condition;
G) All windows (including windshield) are in good condition;
H) All windows are operable (open and close);
I) Windows are not obstructed;
J) Fuel tank does not leak, and is in good condition;
K) Fuel lines are in good condition;
L) Tires are in good condition;
M) Heater is operable;
N) Windshield wipers are operable;
O) Defroster is operable;
P) Speedometer is operable;
Q) Exhaust system is in good condition;
R) Floor is free of holes and openings; and
S) Seat belts are operable and in good condition. (Ord. 3560 Sec. 42, 2002; Ord.
3335 Sec. 2, 1998.)
5.45.150 INSURANCE. Each Operator and Driver must maintain, during the term of a
License or Permit, as the case may be, insurance or a bond as prescribed by RCW 46.72. (Ord.
3335 Sec. 2, 1998.)
5.45.160 ADDITIONAL PASSENGERS. No Operator or Driver shall place additional
passengers in a For-Hire Vehicle without first securing the consent of the person or persons by
whom it was first engaged. No vehicle shall carry more passengers that than specified in its
manufacturer's specifications. (Ord. 3335 Sec. 2, 1998.)
5.45.170 FARES. A) There shall be conspicuously displayed in each For-Hire Vehicle,
and at such other places as may be required by the City, a schedule of fares to be charged for
conveying passengers within the City.
B) An Operator or Driver shall charge no more than the scheduled fare. Each
Operator shall maintain a current fare schedule on file with the City Clerk.
C) Fares shall be determined on an hourly basis or by metering. If fares are metered,
meters shall be annually calibrated by the meter's authorized representative. (Ord. 3335 Sec. 2,
1998.)
5.45.180 REVOCATION, REJECTION AND HEARING. A) The Finmee Manage
City Clerk may revoke any Driver's Permit if he has there is reason to believe that the Driver:
1) Has been convicted of an offense of such nature as to indicate that he is
unqualified or unfit to hold a Driver's Permit;
2) Is guilty of an offense in which mandatory suspension or revocation of the
state-issued driver's License is provided by law;
3) Has been convicted of a felony since issuance of the Driver's Permit;
4) Has been convicted of driving while under the influence of alcohol or
narcotics; or
5) Has violated any term of this chapter.
B) The Finanee Manage City Clerk may revoke any Operator's License if he has
there is reason to believe that the Operator has violated any provision of this chapter.
C) Notice by the Finmee MaRager City Clerk of revocation or rejection of a Driver's
Permit or an Operator's License shall be forwarded by certified mail to the holder of the Permit
or License (the Holder), or the applicant, as the case may be.
1) If the Holder wishes to contest the revocation or rejection, he or she may
do so by requesting a hearing before the City Code Enforcement Board. Such request
shall be in writing and shall be filed with the Finmee Manage City Clerk on or before
the expiration of ten (10) fifteen ,15, calendar days from the receipt of the Fiamee
Managefs City Clerk's notice of revocation or rejection. The Holder shall have the right
to present evidence and witnesses at the hearing.
2) The Code Enforcement Board shall have the authority to uphold, modify
or reverse the decision of the Finanee "Mager- City Clerk.
3) The Holder shall have the right to appeal the decision of the Code
Enforcement Board to the Superior- Cei n City Council.
4) Any revocation which is appealed shall be stayed pending final resolution
of the appeal. (Ord. 3560 Sec. 43, 2002; Ord. 3335 Sec. 2, 1998.)
5.45.190 PASSENGERS. It is unlawful for any person to refuse to pay the fare for
service rendered under the terms of this chapter. (Ord. 3335 Sec. 2, 1998.)
5.45.200 PENALTY. Any Operator, Driver, or passenger violating or failing to comply
with any of the provisions of this chapter shall be guilty of a gross misdemeanor and shall be
punishable by a fine not to exceed five thousand dollars ($5,000), or by imprisonment for not
more than one (1) year, or by both such fine and imprisonment. (Ord. 3335 Sec. 2, 1998.)
5.45.210 DEPOT LICENSE AGREEMENT - When Required. Any Operator desiring to
provide For-Hire Vehicle service at the Pasco Transportation Depot, located at 535 North First
Avenue, Pasco, Washington, (the Depot) shall first enter into a written Depot license agreement
with the City. The Depot license agreement shall grant the Operator priority use of a City-
designated passenger pick up and drop off location on the Depot grounds. The Depot license
agreement shall authorize the City to charge fees for and to regulate Depot use. Depot license
agreements shall be non-exclusive. The City may deny issuance of a Depot license agreement in
its sole discretion. No operator shall provide For-Hire Vehicle service from the Depot grounds
except as provided herein. (Ord. 3335 Sec. 2, 1998.)
c Wi 45 220 BUSINESS LICENSE When�eEr ed if .. 0per- ter-'s principal plae0 ,F
business is located within !he G4y of Pasee, then the OpeFater sha4l be f-equired to oh-t—flin -=J
Liesense required pursuant to seetion 5.45.0400§9. (Ord. 3560 See. 44, 2002; Ofd. 3335 See. 2,
1998.)
1998.)
Section 2. This ordinance shall take effect and be in force from and after its passage
and five days following its publication as required by law.
PASSED by the City Council of the City of Pasco at its regular meeting this day
of I 2008.
Joyce Olso Ir
ATTEST: APPROVED AS TO FORM:
60ba (I
Debra L. Clark, ity r Leland B. Kerr, City Attorney