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HomeMy WebLinkAbout1384 Ordinance/ Ab • 7 4a F r r Y AN ORDINANCE RELATING TO CONVEYING OF PASSENGERS AND BAGGAGE FOR HIRE, PROVIDING LICENSES FOR OPERATORS AND DRIVERS, REGULATING OWNER- SHIP, LIMITING NUMBER OF TAXICABS TO PUBLIC CONVENIENCE AND NECESSITY AND REGULATING FARES IN THE CITY OF PASCO, WASHINGTON, AND REPEALING ORDINANCES NOS. 5669 578, 6479 683 and PASCO CITY CODE CHAPTER 3-3. THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS.- Section OLLOWS. Section 1. The term "operator" wherever used in this Ordinance shall be held an" onstrued to mean and include persons of either sex, firms, co-partner- ships,associations and corporations, whether acting by themselves, by servants, agents or employe who shall engage in the business of conveying passengers and baggage for hire or who shall offer such service in the city of Pasco, Washington. The term "taxicab" wherever used in this Ordinance shall be held and construed to mean and include every motor vehicle used or offered for the tran- sportation of passengers for hire in the City of Pasco, Washington, and not operated exclusively over a fixed and defined route nor upon a fixed time schedule. The term "driver" wherever used in this Ordinance shall be held and con- strued to mean and include every person who shall engage in driving a taxicab for the conveying of passengers and baggage for hire or offered for such pur- pose over the streets of the City of Pasco, Washington, or who, in the course • of his employment shall have the custody of such taxicab. The term "City" wherever used in this Ordinance shall be held and cons- trued to mean the City of Pasco, Washington. For the terms defined in this Ordinance, the singular shall include the plural and the masculine pronoun shall include the feminine and the neuter. Section 2. The City Council of Pasco, Washington, is hereby empowered to issue 1-icenses for the operation of taxicabs as hereinafter provided. Each operator shall be required to pay a license fee at the rate of $45.00 for each calendar year or part thereof for each taxicab operated. For each such license fee paid the City shall issue a license which shall be exhibited in a prominent place on the taxicab for which it is issued. A record of licenses issued to operators for taxicabs shall be maintained by the City Clerk of the City of Pasco. Such license shall bear a serial number and a brief description of the taxicab licenses, the name and address of operator, the name and address of person holding title to such taxicab if not the operator, and the State license or certificate number thereof. All taxicab licneses issued under the pro- visions rovisions of this Section shall expire December 31st of the year in which issued and no fractional licenses will be issued. No such license shall be transferred from one operator to another operator except as hereinafter provided in this Section, but such license may be trans- ferred from one taxicab to another taxicab upon application to the City Clerk • of the City of Pasco. The fee for granting such transfer shall be $2.00, which fee shall accompany the application. The City Clerk shall observe the same pro- cedure in the transfer of license from one taxicab to another taxicab as is herein provided for the issuance of the original license. . Before any operator's license is issued, applicant shall make a full state- ment of the ownership of the taxicab business,which ownership shall be considered as continuing until and unless original applicant files with the City Clerk of the City of Pasco a statement showing any change or part change in ownership and the extent thereof, together with name of individual, firm, co -partnership, assoc- iation, or corporation acquiring such interest. No fee shall be required for change of ownership and the new owner shall be considered the original applicant and operator. page • Section 3. The number of taxicab licenses which may be issued and outstanding at any one time shall not be more than one license for every 1,$,00 of population of the City, as such population may be determined from time to time by the State Census Board, provided that the City Council may, by resolution, change the ratio of licenses to population as public convenience and necessity requires, and pro- vided that the number of licenses may not be decreased so as to effectuate a forfeiture of outstanding licenses or prevent the renewal thereof. Applications for renewal of licenses shall be given preference over appli- cations for licenses by persons not holding licenses, providing the holder of a license or his successor in business makes application for the renewal thereof prior to the expiration date thereof. Each license issued as herein provided shall be granted upon the express condition that operator granted license shall provide service to the public on a twenty-four hour daily basis and telephone service shall be maintained so that prospective taxicab users may call for service at any time. Section 4. The City Council in the granting of any operator's license, shall require the operator to procure and maintain in force insurance covering pro- perty damage and personal injury to passengers as well as to other persons, from a company licensed to write such insurance in the State of Washington, in an amount not less than Ten Thousand Dollars ($10,000.00) for damage to property of any person other than the assured, and Twenty-five Thousand Dollars ($25,000.00) bodily injury, for each person carried. • Each policy of insurance required herein 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. It is further required that an affidavit from such insurance company, or authorized agent of such company be filed with the City Clerk of the City of Pasco, together wich such policy, which affidavit shall describe the insurance carried by operator and further causing such insurance company to notify the City Clerk in the event any policy required herein be cancelled. Section 5. To effectuate the service provided in Section 3 of this ordinance, each operator of a taxicab service shall be required to have not less than two (2) taxicabs, each poperly licensed and to be used by such operator in the con- duct and operation of his taxicab business. Taxicab licenses shall not be issued for any taxicab not actually used in the taxicab business operated by the applicant. Section 6. All taxicabs.operating under the authority of this Ordinance shall be inspected from time to time -by the Police Department for the purpose of determining whether such taxicabs are clean, properly equipped,; of good appear- ance and in a safe condition for the transportation of passengers. The City at the time of such inspection shall determine the capacity of such taxicab. When such capacity has been determined, the City shall issue a certificate showing the'maximumInumber of passengers to be carried at any one time and such certificate shall be prominently displayed within such taxicab. When inspection of a taxicab by • obsolete, unsafe or unfit for further such taxicab. When such replacement be made as provided.in Section 2 of t the City reveals that said taxicab is actually use, the City may order the replacement of is ordered, transfer of taxicab license shall his ordinance. Section 7. Before a driver shall drive a taxicab in the City, he shall make appli- cation to the City.for a permit; a fee of $5.00 shall accompany such application. To be eligible for such permit, applicant must submit to being fingerprinted, photo- graphed and interviewed under direction of the Chief of Police,. must furnish a state- ment by a licensed physician showing applicant to be free of any communicable disease,and that he has no physical defects that would render him unsafe to operate a taxicab. page 3 . • Applicant must possess a valid State of Washington driver's license and the Chief of Police may also require applicant to be tested as to his ability to drive a taxicab. When applicant has complied with conditions set forth in this Section, a permit shall be issued by the City which shall expire as of December 31st of the year issued. Said permit may be renewed upon payment of the annual permit fee of $5.00, subject to approval of the Chief of Police. Upon issuance of a permit by the City, the Chief of Police, shall cause to be issued to driver, a card bearing name, description and photograph of appli- cant, which card shall be displayed in taxicab at all times in such a manner as to be visible to the occupants thereof. Nothing in this ordinance shall be construed to prohibit an operator from acting as a driver, but in such case the operator will be subject to and must comply with all provisions of this Ordinance pertaining to a driver. Section 8. The Chief of Police upon determining that a driver has committed a. misdemeanor or felony, or upon other reasonable grounds, may suspend or revoke a City permit or refuse to approve it for renewal at the annual expiration period. It shall be unlawful and a violation of this Ordinance for a driver to drive • a taxicab in the City without possessing a valid City permit or withoutpossess- ing a valid State of Washington driver's license, or valid operational license plates issued by the State of Washington, or permits issued by the Department of Licenses of the State of Washington, showing such taxicab to be properly bonded for the protection of the publico. Section 9. It shall be unlawful for a driver to drive a taxicab in the City who as'Feen convicted of driving while intoxicated or under the influence of narcotics within one year prior thereto. If a driver shall be convicted of driving a taxicab while intoxicated or under the influence of narcotics, the City permit of such driver shall be revoked and he shall not be granted such permit for a period of at least one year from the date of such conviction. Section 10. It shall be the duty of each operator to exercise due care in the emp oymen of drivers and to make a reasonable investigation of prospective driver's character to determine his moral fitness for position of driver. It shall be unlawful for an operator to wilfully and knowingly employ a person as driver whose service in such capacity would be in violation of any section of this Ordinance. Section 11.It shall be unlawful to place additional passengers in a taxicab without securing the consent of the person by whom it was first secured. Section 12. Each taxicab operated within the City shall have a regular place or stand f which to operate and where such stand or place is on a City street, a permit shall first be obtained and a fee of $75.00 per year paid therefore. • Upon issuing said permit the City shall cause a space of not less than 20 feet in length at the curb at the place designated by said permit to be properly painted and proper signs erected designating such space reserved for taxicab use only and it shall be unlawful for any other vehicle to use such space. Section 13. It shall be unlawful for any driver of a taxicab to leave the same una ten a or to make repairs or wash his vehicle while on the streets, alleys, or public thoroughfares,of the City of Pasco. Section 14. It shall be unlawful for any driver of a taxicab to leave the same unattenFe at hotels, depots or elsewhere for the purpose of soliciting patron- age, but such driver must stand at the site of his vehicle or remain inside same, except nothing herein shall prohibit the use of ordinary courtesy to patrons after they have signified their intention of becoming his,passengers. It shall be unlawful for any driver to cruise, drive or operate a taxicab repeatedly or persistently to and fro, upon any public street.. r page 4 • Section 15, It shall be unlawful for any operator or driver to operate or drive a taxicab unless such taxicab is equipped with a taximeter which has been duly inspected, approved, and sealed by the City. Installation of taximeters shall be done by operator at his expense. Official seals will be provided by the City and shall be plainly posted on said taximeter for the information of the public.. The City shall inspect all taximeters at least once each year or at other times at its discretion. After an official seal has been placed on a taximeter it shall be unlawful for any person to intentionally break such seal or to disconnect said meter in any way without first obtaining permission from the City. Each taximeter shall be installed at the right side of the driver and at such height that the flag thereof may be readily seen by observers on the street and the reading face of such taximeter shall, at all times, be well=lighted and readily discernible to the passenger riding in the vehicle. It shall be unlawful to change the size of the wheels or tires of any vehicle, or the gears operating said taximeter, or change the taximeter from one vehicle to another unless said taximeter is inspected and approved by the City before using on such new vehicle. Section 16. It shall be unlawful for any operator or driver to operate or drive a taxxic'c G unless a taximeter is used at all times on such taxicab to determine the rate or fare to be charged and collected. It shall be unlawful to use any other method of computing or measuring fare or rates to be charged or collected. Section 17. It shall be unlawful for any person to refuse to pay the fare for •taxicab service determined under the terms of this Ordinance. Section 18. It shall be unlawful for any driver of a taxicab, while carrying passengers or under employment, to display the flag attached to the taximeter at such position as to denote that such taxicab is not actually employed, or to fail to throw the flag of such taximeter to the non -recording position at the termina- tion of each and every service. Section 19. Each operator of a taxicab business in the City, shall, on or before e Ist ay of April of each year, file a schedule of its fares with the City Clerk. Amendments to said schedules maybe filed by operators thereafter, but it shall be unlawful for said operator to charge any greater fare than shown in said filed schedules or amendments. The City Council shall have the power to regulate said fares by resolution at any regular meeting after ten days written notice to the operator or operators concerned, and after all operators concerned shall have had ample opportunity to be heard. Section 20. Every taxicab operator shall keep a record of all trips made which s hallsTiow date, time, origin and destination, number of persons carried and fare charged. Upon request of passenger, driver shall give passenger a receipt for fare charged. Records maintained as required in this section shall be available to the City at all reasonable hours and may not be destroyed for a period of five years from date made. There shall be conspicuously displayed in each taxicab, and at such other places as may be required by the City, and constructed of a size and style approved • by the City, a schedule of fares to be charged for carriage within the Ctty. Section 21. It shall be unlawful for any operator or driver in charge of any taxi - ca t` to�^eceive any greater or less rate of fare than is specified in the following by schedule - The fares to be charged herein shall be based on time and mileage as follows: For one passenger, for the first one-fourth mile or fraction thereof . . .50t For each one=fourth mile or fraction thereof, thereafter . . .10t For each additional passenger over one person . . . 25t page `5 • Waiting time after the first three (3) minutes, shall be computed and charged at the rate of $6.00 per hour. Children under five (5) years of age when accompanied by an adult . . . ,no charge Section 22. All operator's licenses shall be subject to revocation by the City ounces f the holder thereof shall be convicted of a misdemeanor or felony. Section 23. All operator's licenses shall be subject to revocation by the City Council if the holder thereof, or any driver employed by him shall fail or neglect to comply with,`or shall violate any of the terms and provisions of this Ordinance. Upon complaint being made to the City Council of such acts or omissions of the operator, notice shall be given to such operator and the City Council shall set a time and place for a public hearing, and upon the question of whether or not the license shall be revoked, at which time and place or the time and place to which such hearing may be adjourned, the operator shall have the right to be heard and produce evidence in his own behalf. If, upon such hearing, the City Council shall be satisfied that the operator or any driver employed by him is or has been guilty of the act or omission charged and that by reason thereof the license should be revoked, the City Council may thereupon revoke such license or licenses. The notice provided for herein shall be personally served or delivered by registered mail not less than three (3) days before the date of such hearing. • Operators licenses may also be revoked upon like notice being given if it shall appear to the City Council that the license or bond of insurance issued any operator under the laws of the State of Washington has been cancelled or revoked. Section 24. Any operator or driver violating or failing to comply with any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon con- viction thereof, shall be punished by a fine in any sum not exceeding Five Hundred Dollars ($500.00), or by imprisonment in the City jail for a period of not exceeding ninety (90) days, or by both such fine and imprisonment. Section 25. The invalidity of any article, sub -section, provision, clause, or portion t ereof, or the invalidity of the application thereof to any person or cir- cumstance shall not affect the validity of the remainder of this Ordinance or the validity of its application to other persons or circumstances. Section 26. Ordinance Nos. 566,578,647, and T83, are hereby repealed and all Ordinances or parts of ordinances in conflict with, or inconsistent with the pro- visions of this Ordinance are also repealed. Section 27. Where discretionary power is delegated to the Chief of Police or the city Cl under the provision of this Ordinance, the City Manager, at his discretion, may countermand, alter, or modify any order or orders issued under said provisions. Section 28. This ordinance shall be in full force and effect after its passage and, publication as required by law. PASSED BY THE CITY COUNCIL AND APPROVED THIS Z DAY OF �. , 1969. G. E. Carter, MayoV ATTEST. - Ci ty TTEST° City Approved as to :forme_ 12City ttorney SNAP -A -WAY AND RETAIN YELLOW COPY. SEt;,, ,ITE AND PINK COPIES WITH CARBON INTACT GrayLine "Snap -A -Way" G-rayLine "Snap -A -Way" Gray -bine "Snap -A -Way" GrayLine."Snap-A-TMay" SPEED LE -7 7 Eta® .p Honorable Mayor & City Council FRom Lamle E . Balderson, Actino City Manager SUBJEC Background information on Taxicab Ordinance [VI E5SAG E DATE Aua. 26, 1969 —FctD In answer to Mr. Denney's two part question of this morning: How many units is Royal Cab operating? 6 cabs are in opaation (at least that is the number that are covered by their certificate of insurance on file in Clerk's office) . How many cab companies are in the Tri -City Area? There are 4 - one in Pasco, one in Richland and two in Kennewick. -FOLD MNED G LSne "SNAP -A -WAY" FORM 44-902 3 -PARTS RETAIN WHITE COPY, RETURN PINK COPY - .169. WILSON JONES COMPANY • © 1661 • PRINTED IN U.S.A. f • • TAXICAB ORDINANCE • Shown below are the changes incorporated in the proposed Taxicab Ordinance compared to the existing Ordinances. Section 1 - License fee changed from $25.00 to $45.00 %. Section 2 - Population to be determined by State Census Board instead of by resolution of Council Section 3 - No change Section 4.- No change Section 5 - No change Section 6.- This section states license can be revoked by'failing, negecting, or violating terms of this or any ordinance. -Also states this or any ordinance r,:lative to such things as operation ;. and use of vehicle, sale of drugs or liquor, harboring bootlegger or person in possession of drugs or liquor or contributing to delinquency of minor. Part of Section 6 relatir-1 to Revocation - complainthhearing notice -i,, • Section 7 .; Changed to read "on or before the first of.April of each year file . f a schedule of fares" f _ Section 8 - New section - fare charges to be displayed to public Section 9'- Allow City Clerk to take money for license whereas before the applicant for license or transfer had to obtain receipt from City Treasurer --and present it to City Clerk. i Section 10 - Unlawful or any other vehicle to use space designated for taxi stand. Section ll.-, 1No change - Recommend however, that insurance rates be raised. Presently Property Damage.is at $1,000 and Public Liability at $5,000; should ' be at least $5,000 and $25,000 respectively. Section 12 - No change } Section 13 — Required letter to City instead of Chief of Police'to disclose interest, and extent in taxi company. ' l Section 14 - No change Section 15 - Uses the term "City" instead of "Chief of Police" for ordering replace- ment taxicabs - deletes expiration of permit.G Section 16 -Records open to City rather than Chief of Police or City Attorney. L Section 171—Inspection and approval by City rather than Chiu of Police, Capacity determined,by City rather than,Chief of Police Section 18 . - No change Section 19 - No change e Section 20.- No change Section 21 - No change Section 22.- No change Section -23 = Taximeter sealed by City rather than Chief of Police page 2 •\t• Section 24— Permission from. City instead of Police to disconnect meter { Section 25 - No change j Section 26 - City instead of Chief of Police, approve, certify, and inspect taximeters . Section 27 - City instead of Chief of Police inspect meter when transferring to new veh i c l e. d Section 28 - No change Section 29 - No change Sect nn 30 - Changes charge for transportation as follows: "That the fares to be czrarged herein shall be based on time and mileage: For one -passenger, for the first one-fourth mile or fraction - thereof, 50¢ (previously 50t for one-half mile). Thereafter for each one-fourth mile or fraction thereof, .10� (previously one-half mile - no charge). j Each additional passenger over one person ... 25� _ (previously over two passengers and 10¢) ' Waiting time after the first three 3 minutes shall be computed and charged at the rate of $6.0.0 per hour; .(previously, $4:00)., Children under five (5) years of age when accompanied by an adult, `.V no charge." (no change). Section 31 - No change Section 32 - No change Section 33 - Repeats previous.Ordinances dealing with taxicabs. Section 34 - No change