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HomeMy WebLinkAbout2017.01.23 Council Workshop PacketWorkshop Meeting AGENDA PASCO CITY COUNCIL 7:00 p.m. January 23, 2017 Page 1. CALL TO ORDER: 2. ROLL CALL: (a) Pledge of Allegiance 3. VERBAL REPORTS FROM COUNCILMEMBERS: 4. ITEMS FOR DISCUSSION: 3 - 18 (a) Taxicab and Transportation Network Company Licensing 19 - 25 (b) Chronic Nuisance Ordinance 5. MISCELLANEOUS COUNCIL DISCUSSION: 6. EXECUTIVE SESSION: 7. ADJOURNMENT. REMINDERS:  4:00 p.m., Monday, January 23, Ben-Franklin Transit Office – Hanford Area Economic Investment Fund Committee Meeting. (COUNCILMEMBER AL YENNEY, Rep.; SAUL MARTINEZ, Alt.)  5:00 p.m., Tuesday, January 24, TRAC – TRAC Advisory Board Meeting. (COUNCILMEMBER CHI FLORES and COUNCILMEMBER AL YENNEY)  7:30 a.m., Wednesday, January 25, 7130 W. Grandridge Blvd – Visit Tri-Cities Board Meeting. (COUNCILMEMBER CHI FLORES, Rep.; COUNCILMEMBER TOM LARSEN, Alt)  4:00 p.m., Thursday, January 26, 7130 W. Grandridge Blvd – TRIDEC Board Meeting. (COUNCILMEMBER CHI FLORES, Rep.; COUNCILMEMBER TOM LARSEN, Alt.)  7:00 p.m., Thursday, January 26, 801 N. 18th Avenue, Pasco – Boys & Girls Clubs of Benton & Franklin Counties “Great Day for Kids” Event. (MAYOR MATT WATKINS)  11:00 a.m., Friday, January 27, Tri-Cities Airport – Airport Expansion Project Page 1 of 25 Workshop Meeting January 23, 2017 Completion, Grand Opening Celebration. (ALL COUNCILMEMBERS INVITED TO ATTEND)  12:00 p.m., Wednesday, February 1, 2601 N. Capitol Avenue – Franklin County Mosquito Control District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.)  6:00 p.m., Wednesday, February 1, Council Chambers – Joint Meeting of the PFD Board, Council Committee and Parks & Recreation Committee re Aquatics/Recreation Facility. (MAYOR MATT WATKINS, COUNCILMEMBERS REBECCA FRANCIK and CHI FLORES)  5:30 p.m., Thursday, February 2, P&R Classroom – Parks & Recreation Advisory Board Meeting. (COUNCILMEMBER SAUL MARTINEZ, REP.; CHI FLORES, ALT.) The next scheduled meeting of the Pasco City Council will be held Monday, February 6, 2017 at 7:00pm This meeting is broadcast live on PSC-TV Channel 191 on Charter Cable and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Page 2 of 25 AGENDA REPORT FOR: City Council January 19, 2017 TO: Dave Zabell, City Manager Workshop Meeting: 1/23/17 FROM: Stan Strebel, Deputy City Manager Executive SUBJECT: Taxicab and Transportation Network Company Licensing I. REFERENCE(S): Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: At the meeting of January 9, staff proposed the repeal of the existing PMC Chapter 5.45 "For-Hire" regulations and recommended the adoption of a new Chapter 5.45A to include revised regulations, covering both taxicabs and transportation network companies (TNCs). There was considerable discussion and staff has worked over the last two weeks to refine the ordinance in order to clarify or address concerns/issues raised at the meeting or via other correspondence. In general, the draft regulations apply equally to both forms of transportation service; however, there are a few exceptions warranted, either due to business model or state law. The following provisions are noteworthy: 1. Both taxicab and TNC companies must secure "For-Hire Business Licenses" to operate in the City. The license application requires an affidavit of compliance with driver, vehicle, insurance and operational requirements of the PMC Chapter. 2. Fees for the company business licenses are based on the number of vehicles operating for the company and are proposed to be the same as in Kennewick and Richland, as follows: a. Companies employing or contracting with 10 or fewer drivers - $300.00; Page 3 of 25 b. Companies employing or contracting with 11 to 40 drivers - $700.00; c. Companies employing or contracting with 41 or more drivers - $2,000.00 3. Business licenses are also required for "For-Hire" drivers who must be at least 21 years of age; not have been convicted of a felony, unless employment rights have been restored under Washington law; pass a criminal background check of at least seven years database history; complete an annual test for tuberculosis; and submit to annual photograph updates. Companies can chose to have background checks completed by the Police Department for a fee, or by a provider as approved by the Police Department. Annual license fees for for-hire drivers are proposed at $40 (Richland imposes a $40 fee while Kennewick imposes a $55 fee, but appears to exempt those with less than $12,000 gross annual invoice from such). 4. Each vehicle must pass initial and annual inspection for functionality and safety. 5. Insurance requirements for taxicabs are specified by the code: $100,000/$300,000/$50,000 (individual injury/all persons injury/property damage). TNC insurance requirements ($50,000/$100,000/$30,000) plus combined single limit liability coverage in the amount of $1 million for death, injury or property damage, are as set by RCW 48.177. 6. Operational requirements include: a. Posting of rates for taxicabs; while TNCs are exempt from the requirement but must provide for electronic display or posting of rates; b. The requirement to maintain records of all trips; c. The requirement for all drivers to carry either paper or electronic identification information and for vehicles to be marked with company and contact information for taxicab and an identifying logo for TNCs. 7. Soliciting or accepting street hails is only permitted of taxicab drivers. 8. The City may audit each company no more than twice per year, in o rder to assure compliance with the licensing and operational regulations (since all companies essentially operate within the entire Tri-Cities area, it may make sense for the cities to work on a cooperative basis to secure audits which would serve the purpose of all entities - at less cost and inconvenience to the companies). V. DISCUSSION: Since the discussion at the meeting of January 9, staff has made minor changes to the draft which clarify the names of required licenses; provide for police department fingerprinting of all first-time driver license applicants; clarify maintenance and audit requirements for trip records; and provide for an immediate (five-day) effective time of the ordinance provision for TNCs and a delayed (March 1) effective date for taxicab companies so as not to disrupt current renewal processes. Page 4 of 25 Staff requests discussion and direction from Council. Page 5 of 25 Taxicab & Transportation Network Company Licensing Ordinance Page 1 ORDINANCE NO.__________ AN ORDINANCE of the City of Pasco, Washington Repealing PMC Chapter 5.45 “For-Hire Vehicles”; Creating PMC Chapter 5.45A “Taxicab and Transportation Network Company Licensing”; and Amending PMC Section 3.07.050 “Business Licenses” to Establish License Fees. WHEREAS, new technology-based companies, known as Transportation Network Companies (TNCs) offer a new model of commercial transportation services using online- enabled digital platforms to connect passengers with drivers using personal vehicles; and WHEREAS, such TNCs are subject to separate state regulations as “commercial transportation services providers” pursuant to RCW 48.177.005 from taxicabs pursuant to Chapter 81.72 RCW requiring an update, and their inclusion in the City’s “for-hire vehicles” Chapter; and WHEREAS, to provide the opportunity of additional transportation alternatives for its citizens and consistent to regulations for all for-hire vehicle providers and drivers. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapter 5.45 entitled “For-Hire Vehicles” of the Pasco Municipal Code shall be and hereby is repealed in its entirety. Section 2. That a new Chapter 5.45A entitled “Taxicab and Transportation Network Company Licensing” of the Pasco Municipal Code shall be and hereby is created and shall read as follows: Chapter 5.45A TAXICAB AND TRANSPORTATION NETWORK COMPANY LICENSING Sections: 5.45A.010 Purpose. 5.45A.020 Definitions. 5.45A.030 For-Hire (Taxicab/TNC) Business License Required. 5.45A.040 For-Hire (Taxicab/TNC) Business License. 5.45A.050 For-Hire Driver Business License Required. 5.45A.060 For-Hire Driver Requirements. 5.45A.070 Vehicle Requirements. 5.45A.080 Insurance Requirements. 5.45A.090 Operational Requirements. Page 6 of 25 Taxicab & Transportation Network Company Licensing Ordinance Page 2 5.45A.100 For-Hire (Taxicab/TNC) Business license Additional Requirements. 5.45A.110 Taxi Fares. 5.45A.120 Audit. 5.45A.130 Revocation, Suspension and Penalties. 5.45A.140 Depot License Agreement – When Required. 5.45A.150 Enforcement. 5.45A.010 PURPOSE. The purpose of this Chapter is to provide for and promote the safety and welfare of the general public by regulating transportation by for -hire vehicles, including taxicab companies and drivers and transportation network companies and drivers within the City. The provisions of this chapter shall apply to all for -hire vehicles operating or doing business within the City of Pasco whether or not the operator’s business license is located within the City of Pasco. This Chapter does not create or designate any particular class of persons who will or will not be specially protected by its terms. Nothing contained in this Chapter is intended nor shall be construed to create any liability on the part of the City or its employees for any injury or damage resulting from the failure of the licensee to comply with the provisions of this Chapter, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of this Chapter on the part of the City or its employees. 5.45A.020 DEFINITIONS. As used in this Chapter: A) “City” means the City of Pasco, Washington. B) “Driver” or “Operator” means any person driving or operating a for-hire vehicle. C) “For-Hire Vehicle” means any motor vehicle used for the transportation of passengers for compensation, including taxicabs and transportation network company vehicles. The following motor vehicles are excluded from the definition of for-hire vehicles: 1) School buses operating exclusively under a contract to a school district; 2) Ride-sharing vehicles under Chapter 46.74 RCW; 3) Limousine carriers licensed under Chapter 46.72A RCW; 4) Vehicles used by nonprofit transportation providers solely for elderly or handicapped persons and their attendants under Chapter 81.66 RCW; 5) Vehicles used by auto transportation companies licensed under Chapter 81.68 RCW; 6) Vehicles used to provide courtesy transportation at no charge to and from business locations including, but not limited to, hotels, rental offices, parking lots, auto repair or sales facilities, or healthcare providers. Page 7 of 25 Taxicab & Transportation Network Company Licensing Ordinance Page 3 7) Vehicles licensed under, and used to provide “charter party carrier” and “excursion service carrier” services as defined in, and required by, Chapter 81.70 RCW; and 8) Vehicles used to provide ambulance services pursuant to PMC 5.05. D “For-Hire (Taxicab/TNC) Business License” means the business license issued by the City of Pasco to conduct a For-Hire Vehicle business with the City limits of Pasco. E) “For-Hire Driver Business License” means the license to drive or operate a for- hire vehicle as approved and issued by the City of Pasco. F) “Independent Contractor” means a person who contracts to do a piece of work according to his own methods and subject to the employer’s control only as to the end product of his or her work. An independent contractor performs work but is not considered an “employee.” G) “Licensing Officer” means the City Clerk of the City of Pasco, or designee. H) “Operate”, “Operated”, or “Operating” means using a taxicab or transportation network company vehicle to, at any time, transport any passenger or item of property for compensation within the corporate limits of the City. I) “Taxicab” means a motorized vehicle that is held out to the public as providing transportation to passengers or articles: 1) Where the route traveled, destination, or both route and destination is controlled by the customer; and 2) Where the fare is based on an amount recorded and indicated on a taxi meter or an Internet online-enabled platform or application. 3) Where the driver may solicit or accept street hails and payment may be made prior to, during or upon completion of the transport. J) “Taxicab Company” means any entity operating one or more taxicabs other than as a driver, regardless of the legal form of the entity and regardless of whether the taxicabs so operated are owned by the company, or leased, or owned by individual members of the entity or independent contractors. K) “Taxicab Driver” means a person engaging in any combination of owning, leasing, advertising, driving, occupying or otherwise using a taxicab to at any time to transport any passenger or item of property for compensation within the City. Page 8 of 25 Taxicab & Transportation Network Company Licensing Ordinance Page 4 L) “Transportation Network Company” which may be abbreviated herein to “TNC”, means a company that exclusively uses an Internet online-enabled platform or application to connect passengers with TNC drivers within the City. M) “Transportation Network Company Driver” or “TNC Driver” means a driver who is an independent contractor or employee of a TNC Company and receives connections to potential passengers and related service from a TNC in exchange for payment of a fee to the TNC; and who operates a motor vehicle that is owned, leased, or otherwise authorized for use by the individual and is used to provide TNC services. N) “Transportation Network Company Vehicle” means a vehicle used by a TNC driver to provide transportation services arranged through a TNC’s digital network. 5.45A.030 FOR-HIRE (TAXICAB/TNC) BUSINESS LICENSE REQUIRED. No person or entity shall operate a for-hire business or permit the operation of for-hire vehicles within the City without a current and valid City for-hire (Taxicab/TNC) business license. 5.45A.040 FOR-HIRE (TAXICAB/TNC) BUSINESS LICENSE. A) The Licensing Officer may issue a license to a taxicab company or a TNC provided that: 1) The taxicab company or TNC submits a complete for-hire (Taxicab/TNC) business license application together with an affidavit sworn under penalty of perjury that the taxicab company or TNC is in compliance with the driver requirements, vehicle requirements, insurance requirements, and operational requirements of this Chapter; and shall maintain current information for all of its for-hire drivers as required by PMC 5.45A.060. 2) The taxicab company or TNC provides proof of insurance coverage for the limits required in this Chapter for all employed or affiliated drivers. The Application and Affidavit form will be made available by the Licensing Officer at Pasco City Hall or on the City’s website. B) The licenses issued or renewed under this Chapter are effective upon approval. Such license shall be renewed on January 1 of each year and terminate the following December 31, 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 of each year. C) The business license fee shall be based upon the number of employed or contracted drivers operating for-hire vehicles for the company or entity applying for the license. The application review fee and the business license fee shall be as designated in PMC 3.07.050. Page 9 of 25 Taxicab & Transportation Network Company Licensing Ordinance Page 5 D) The application review fee prescribed by this section shall be paid at the time of submitting both initial and renewal license applications. E) No for-hire (Taxicab/TNC) business license shall be issued or valid until the affidavit and proof of insurance referenced in this section has been reviewed and approved and the fee prescribed in this section has been paid. 5.45A.050 FOR-HIRE DRIVER BUSINESS LICENSE REQUIRED. No person shall operate a for-hire vehicle within the City unless that person is a driver for a currently licensed for-hire business as provided in Section 5.45A.040 above; and has a current and valid City for-hire driver business license. The Licensing Officer may issue this license upon receipt of a completed application; verification of affiliation with a City licensed For-Hire Taxicab/TNC; fingerprint card prepared by the Pasco Police department (not required for license renewals), and payment of the fees as required by PMC 3.07.050. 5.45A.060 FOR-HIRE DRIVER REQUIREMENTS. No person shall be permitted to operate a for-hire vehicle for a taxicab company, or a TNC company under PMC 5.45A.040 unless the person: A) Is at least twenty-one (21) years of age, possesses a driver’s license valid in the State of Washington, and not have been convicted of a felony unless such rights have been restored under Chapters 9.96A or 9.97 RCW; and B) Complies with all State laws and regulations relating to for-hire vehicles and provides a copy of such proof including, but not limited to the following: 1) Proof of age – 21 years or older. 2) A driver’s license valid in the State of Washington. 3) Proof of UBI (independent contractor). 4) Proof of insurance (liability and property insurance) (independent contractor). C) Taxicab company for-hire driver shall, in addition to the above, submit the following: 1) Proof of successfully completing a training course provided by the National Safety Council; or school licensed by the Workforce Training and Education Coordinating Board; Page 10 of 25 Taxicab & Transportation Network Company Licensing Ordinance Page 6 2) Proof of successfully having passed a written examination provided by the National Safety Council; or school licensed by the Workforce Training and Education Coordinating Board; 3) Current photograph at the time of each application and/or renewal; 4) Current abstract of driving record; 5) Health Department annual Tuberculosis test; and 6) Upon approval of the application, the Police Department shall cause to be issued a card bearing the name and description, including an annual updated photograph of the driver, which card shall be carried on the driver’s person at all times when operating a for-hire vehicle within the City. D) Taxicab and TNC for-hire drivers shall affirm and maintain current driver information as required by this section to the taxicab company or TNC to ensure the accuracy of the information provided to the taxicab company or TNC in compliance with its sworn affidavit required by PMC 5.45A.040 A) 1). E) The taxicab company, TNC, or their agent, shall maintain accurate and up-to-date records for all taxicab companies, or TNC drivers, accessing its digital network or employed to operate in the City of Pasco. Said record shall include that information required by subsection H) below, and such other information as may be required by this Chapter. F) Prior to permitting a person to operate as a taxicab driver or as a TNC driver, and bi-annually thereafter, the taxicab company or TNC shall obtain and review a criminal background check report for such person. The criminal background check shall include a search of no less than seven years of database history, unless prohibited by law, in which case the duration of the search shall be the maximum number of years permitted by law. The criminal background check shall include local, state, and national criminal history databases and publically accessible national sex offender registries. Any person who is on a sex offender registry or who has been convicted, within the past seven years, of crimes involving driving under the influence of alcohol or controlled substances, fraud, sexual offenses, acts of violence, acts of terror, or use of a motor vehicle to commit a felony, shall not be permitted to act as a taxicab or TNC driver. The taxicab company or TNC, or its agent, shall maintain records of such criminal background checks for a period of two years. For purposes of this section, the term “conviction” includes convictions, bail forfeitures, and other final adverse findings. The criminal background checks required by this section may be provided either by the Pasco Police Department for a fee as designated in Chapter 3.07.050, or a service provider approved by the Pasco Police Department, as determined by the applicant. The criminal background check shall be continuing and in the event of a conviction revealed by a supplemental background check or made known to the taxicab company or TNC, the Pasco Police Department shall be immediately advised. Page 11 of 25 Taxicab & Transportation Network Company Licensing Ordinance Page 7 G) A TNC or taxicab company shall revoke a TNC or taxicab driver’s authority to operate as a driver for their company if it finds that the standards set forth in this section are no longer being met by such person. The TNC or taxicab company shall only reinstate his or her authority upon a finding by the taxicab company or TNC that all standards are again being met by such person. H) Each for-hire driver shall provide to the for-hire business by which it is employed or affiliated, current and accurate documentation containing the name, height, weight, color of hair and eyes, residence address, place and date of birth, social security number, criminal history, driver’s license, motor vehicle registration, current photograph of the driver, fingerprints, automobile insurance, and whether previously licensed as a for-hire driver and if so, where and whether or not the license was ever suspended or revoked and for what cause. 5.45A.070 VEHICLE REQUIREMENTS. Each taxicab or TNC vehicle shall pass an inspection prior to commencing services in the City of Pasco, and annually thereafter, by a mechanic approved by the National Institute for Automotive Service Excellence. Taxicab companies and TNCs shall keep records of all such inspections. Such an inspection shall, at a minimum, include inspection of the following components: A) Foot brakes; B) Parking brakes; C) Steering mechanism; D) Windshield; E) Rear window and other glass; F) Windshield wipers; G) Headlights; H) Taillights; I) Turn indicator lights; J) Stop lights; K) Front seat adjustment mechanism; L) Doors (open, close, lock); M) Horn; Page 12 of 25 Taxicab & Transportation Network Company Licensing Ordinance Page 8 N) Speedometer; O) Bumpers; P) Muffler and exhaust system; Q) Condition of tires, including tread depth; R) Interior and exterior rear view mirrors; and S) Safety belts for driver and all passengers. 5.45A.080 INSURANCE REQUIREMENTS. A) The owner or operator of every taxicab is to procure liability and property damage insurance covering passengers as well as other persons, from a company licensed to write bodily injury liability and property damage liability insurance in the State, on each taxicab used or to be used in transporting persons for compensation in an amount not less than $100,000.00 for any recovery for personal injury by one person, and not less than $300,000.00 for all persons receiving personal injury, by reason of one act of negligence, and, not less than $50,000.00 for damage to property of any person other than the insured, and maintain such liability and property damage insurance in force on each motor-propelled vehicle while so used under such licensee. A $500,000.00 combined single limit policy may be submitted. B) TNCs and all affiliated drivers shall comply with the automobile liability insurance requirements contained in RCW Chapter 48.177 as enacted or subsequently amended as a commercial transportation service provider. C) A certificate for each policy for liability or property damage insurance required herein shall be filed with the Licensing Officer and kept in full force and effect, and failure to do so shall be cause for the revocation of the license. 5.45A.090 OPERATIONAL REQUIREMENTS. A) Records. TNCs and taxicab companies shall keep a record of all trips made by all drivers for at least one year from the date each trip was provided. The record shall be open for inspection at audit and for an active investigation at all reasonable times by the Licensing Officer. B) Driver Information. 1) Taxicab drivers shall have a document containing their name, photograph, driver’s license number, and company worked for clearly posted in any vehicle operated by the driver. Page 13 of 25 Taxicab & Transportation Network Company Licensing Ordinance Page 9 2) TNC for-hire drivers shall have immediately available upon request, the TNC’s software application or website which shall display the first name and photograph of the TNC driver, and a description or picture of the vehicle. C) Marking of Vehicles. All taxicabs shall be clearly marked as such and shall include the taxicab company name, phone number, and a vehicle identification number in plain sight. The company name and vehicle identification number shall use letters and numbers a minimum of four (4) inches in height with width proportional. The taxicab company phone number shall use numerals a minimum of two and one half (2 ½) inches in height with the width proportional. Vehicles operated solely by TNC Drivers shall display observable from the outside of the vehicle, a logo or indicia of the TNC. The TNC’s software application or website shall display for the passenger the make, model, and license plate number of the TNC vehicle. D) Method of Soliciting Rides. Only taxicab drivers are permitted to solicit or accept street hails. TNC drivers shall accept only rides arranged through a TNC’s digital network and shall not solicit or accept street hails. E) Receipts. Whenever demanded by the passenger, the driver of a taxicab or TNC vehicle shall deliver to the person paying for the hiring of said vehicle, at the time of such payment, a receipt therefor either in hard copy or electronically in legible printing or writing. This receipt shall contain the name of the taxicab company or TNC and its contact information, the name of the driver, any and all items for which a charge is made, the total amount paid, and the date of payment. F) Zero Tolerance. TNCs and taxicab companies shall implement a zero tolerance policy on the use of drugs or alcohol applicable to any taxicab drivers employed or affiliated with the company and any TNC drivers on a TNC’s digital network. Taxicab companies and TNCs shall provide notice of the zero tolerance policy on their websites, if they have one, as well as the procedures to report a complaint about a driver with whom the passenger was matched and whom the passenger reasonably suspects was under the influence of drugs or alcohol during the course of the ride. If a taxicab company or TNC does not have a website, they must clearly post the zero tolerance policy and procedures to report a complaint in all taxicabs or TNC vehicles owned or operated by the company and its drivers. Taxicab companies and TNCs shall immediately suspend a driver upon receipt of a passenger complaint alleging a violation of the zero tolerance policy. The suspension shall last the duration of the investigation. G) No 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 than specified in its Manufacturer’s Specifications and available working seatbelts. H) Nothing in this Chapter shall prohibit a taxicab company from using an internet online enabled platform or application to connect passengers with drivers as long as all other requirements for taxicab companies, vehicles, and drivers are met. Page 14 of 25 Taxicab & Transportation Network Company Licensing Ordinance Page 10 5.45A.100 FOR-HIRE (TAXICAB/TNC) BUSINESS LICENSE ADDITIONAL REQUIREMENTS. A) Taxicab companies and TNCs shall maintain a registered agent for service of process in the State of Washington. The name, telephone number, and physical address of the registered agent shall be submitted to the City of Pasco at the time of license application. The taxicab company or TNC shall notify the City of Pasco in writing of any changes to its registered agent during the term of the license. B) For-hire (Taxicab/TNC) business license may not be transferred without the City’s prior written consent. An unauthorized transfer shall result in immediate termination of the license. 5.45A.110 TAXI FARES. A) Rates. Taxicab drivers shall prominently post rates in each vehicle and charge accordingly. Drivers who solely operate as TNC Drivers are exempt from this requirement. The TNC’s software application or website shall display for the passenger the applicable rates being charged and the option to receive an estimated fare before the passenger enters the TNC vehicle. 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. B) The fare shall be determined on an hourly basis or by metering. If the fares are metered, the meters shall be annually calibrated by the meter manufacturer’s authorized representative and a copy provided to the City upon license renewal. C) It shall be unlawful for any person to refuse to pay the fare for services rendered under the terms of this Chapter. 5.45A. 120 AUDIT. No more than twice per license year, the City may audit the taxicab company or TNC’s records to review compliance with this Chapter. Each audit shall be limited to records relating to 20 percent (20%) of randomly selected taxicab or TNC drivers, up to a maximum of 20 drivers, who have operated within the last 30 days in the City. The audit shall occur at the City of Pasco Clerk’s Office, 525 North 3rd, Pasco, Washington; provided that the City may in its discretion agree to an alternative location. In the event the audit reveals discrepancies in the records reviewed, the City reserves the right to audit all of the taxicab companies or TNC’s records relating to taxicab or TNC drivers operating in the City. Notwithstanding the foregoing, the City may require the taxicab company or TNC to produce records directly related to an active investigation of a specific allegation of a violation of this Chapter. Nothing herein shall prohibit the City from assigning these audits to an independent agency or, by appropriate Interlocal Agreement, to another jurisdiction. Page 15 of 25 Taxicab & Transportation Network Company Licensing Ordinance Page 11 5.45A.130 REVOCATION, SUSPENSION AND PENALTIES. A) The Licensing Officer, or on appeal, the Hearing Examiner, may suspend, revoke or refuse to issue a license if the licensee or applicant has violated any of the provisions of this Title. A violation includes any and all failures to meet or maintain any of the requirements or qualifications set forth in this Chapter for obtaining a license and the making of a materially false statement in the affidavit required under this Chapter. The decision to suspend, revoke or refuse to issue a license may be appealed to the Hearing Examiner pursuant to PMC 2.19. B) Upon a violation of this Chapter, a penalty assessment of $250.00 per violation, up to a maximum of $10,000.00, may be assessed against the for-hire business, the for-hire driver, or both. The failure of the licensee to pay an assessment automatically suspends the license until such time as the assessment is paid. The Licensing Officer, or designee, is hereby authorized to use any lawful means to collect penalties assessed under this Chapter, including the use of a collection agency. Suspensions, revocations, and penalties are suspended during the course of the appeal hearing and review unless the Licensing Officer finds by clear and convincing evidence that the licensee or applicant’s claim is meritless. 5.45A.140 DEPOT LICENSE AGREEMENT – WHEN REQUIRED. Any for-hire business desiring to provide 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 Deport License Agreement shall authorize the City to charge fees for and to regulate Depot use. Depot License Agreements shall be nonexclusive. 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. 5.45A. 150 ENFORCEMENT. The Licensing Officer shall have the administrative authority to implement and enforce this Ordinance, and may adopt rules and regulations for its administration, not inconsistent with this Chapter. This provision shall not be construed to abrogate or limit the jurisdiction of the Pasco Police Department to enforce any provisions of this Chapter or of any other City Ordinance relating to motor vehicles or the operation of taxicabs or TNC vehicles. Page 16 of 25 Taxicab & Transportation Network Company Licensing Ordinance Page 12 Section 3. That Section 3.07.050 entitled “Business Licenses” Subsection CC regarding For-Hire Business Licence Fees of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 3.07.050 BUSINESS LICENSES: Fee/Charge Reference CC) Taxicab and Transportation Network Company Licensing 1) Annual For-Hire Vehicle (Taxicab/TNC) Business License Application Review $50.00 5.45A.0540 and Business License Fee in the amount as follows :(maximum of $500.00) – per vehicle $300.00 for companies employing or contracting with ten (10) or fewer drivers. $700.00 for companies employing or contracting with 11 to 40 drivers. $2,000.00 for companies employing or contracting with 41 or more drivers. 1) Driver's Permit Fee $50.00 5.45.090 2) Operator’s License- $5.00 5.45A.____ Vehicle Transfer 23) Annual For-Hire Driver Business License $40.00 5.45A.050 34) Photograph (as applicable) $5.00 5.45A.060 45) Fingerprints (as applicable) $105.00 5.45A.060 56) Criminal History Check $30.00 5.45A.060 (as applicable) 7) WSP/FBI Criminal History Check $34.75 5.45A.060 Page 17 of 25 Taxicab & Transportation Network Company Licensing Ordinance Page 13 Section 4. This Ordinance’s authorization and regulation of Transportation Network Companies (TNCs) shall take full force and effect five days after its approval, passage and publication as required by law; However the application of the ordinance to Taxicab Companies with licenses issued by the City shall take effect on March 1, 2017 with all license applications and renewals issued prior to that date given full faith and credit for the remainder of the 2017 calendar year. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this ____ day of _________________, 2017. _____________________________ Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: ______________________________ ____________________________________ Debra L. Clark, City Clerk Leland B. Kerr, City Attorney Page 18 of 25 AGENDA REPORT FOR: City Council January 18, 2017 TO: Dave Zabell, City Manager Workshop Meeting: 1/23/17 FROM: Rick White, Director Community & Economic Development SUBJECT: Chronic Nuisance Ordinance I. REFERENCE(S): Graph of various hotel/motel nuisance activities Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: In May of 2016, City Council adopted a Chronic Nuisance Ordinance to address nuisances which occur on properties in repetitive or chronic episodes. Chronic nuisances are defined to include violations of local codes that are typically not associated with ph ysical property – such as loitering, personal harassment, offenses involving drugs, offenses involving prostitution or indecent exposure and criminal mischief. By way of summary - the Ordinance adopted by Council in May of 2016 provided the following:  Defines chronic nuisances for single family, multi-family, commercial residential (hotels/motels), commercial and industrial properties;  Provides for adequate notice to the property owner or person in control of the property;  Establishes procedures for the City’s responsible official to determine whether a property is a chronic nuisance property;  Establishes a system of remedies, penalties and fines for the existence of a chronic nuisance; and Page 19 of 25  Provides an appeal process through the Code Enforcement Board if a responsible person or property owner is aggrieved. Monitoring the nuisance thresholds and regulations contained in the new Ordinance over the past 6 months reveals that the "triggers" for implementation of the solutions pertaining to a chronic nuisance may be set too high for multi-family commercial properties such as motels and hotels. For multi-family properties a chronic nuisance is defined as: "... four or more nuisance activities per unit (occupied or not) having occurred on different days within a 180 day period of time." However, the Chronic Nuisance Ordinance exempts a variety of types of nuisances and nuisance complaints from counting towards that total. For example, calls for emergency or police services are exempt from counting towards the threshold if those calls are made by the "person in charge" of a property. This has presented the City with several properties that would certainly be considered a chronic nuisance but due to the high volume of calls made by the "person in charge" - are exempt from provisions of the Ordinance. V. DISCUSSION: The attachment illustrate the frequency of police and emergency service calls among several of the City’s hotels/motels. Examination of these statistics show that several establishments are the sites for repeated calls for police services by the "person in charge" - indicating that the City's emergency responders are being used to manage the clientele of these properties - rather than management of the properties adequately screening their clients. The attachment also indicates that several of the City's hotels/motels are appropriately managed and pose no threat to the public or adversely impact neighboring properties. An examination of the frequency of the non-exempt nuisance activities shows that well managed properties experience nuisance activities to the ratio of about 0.5 nuisances per unit. It can also be deduced that given the frequency of nuisance calls for service to particular establishments, those establishments pose a risk to public health and safety and consumes a disproportionate amount of public safety resources. The proposed ordinance revises the threshold from four (4) nuisance activities per unit to 0.5 per unit and retains the exemptions as contained in the original 2016 Chronic Nuisance Ordinance. It is also important to note that chronic nuisance regulations give an administrative outlet for "persons in charge" to enter into a "Voluntary Correction Agreement" to remedy nuisance activities. This provides a safety mechanism for property owners experiencing unusual or unique circumstances and simply need time or attention to correct. Page 20 of 25 Staff would welcome City Council discussion and direction on this issue. Page 21 of 25 Hotel/Motel activity 12/5/2015 to 12/5/2016 P a g e 2 2 o f 2 5 Chronic Nuisances Ordinance - 1 ORDINANCE NO.__________ AN ORDINANCE of the City of Pasco, Washington Amending PMC Section 9.63.020 "Definitions” WHEREAS, the City of Pasco has been granted Constitutional and statutory powers to protect the safety, health and well being of its citizens; specifically providing for the definition, abatement, and punishment regarding nuisances which pose a hazard to public health and safety and pose a disproportionate demand for the City health and safety services; and WHEREAS, it has been determined that when certain properties within the City have been permitted to be used in such a manner that the risk to public health and safety require multiple responses by City emergency services, and in addition, negatively impact the quality of life in the neighborhoods in which they are located; and WHEREAS, City Council in 2016 adopted a “Chronic Nuisance Ordinance” providing remedies for chronic nuisances; and WHEREAS, monitoring the effects of the Chronic Nuisance Ordinance over the past six months indicate that the definition of a “chronic nuisance” is faulty as applied to multi-family properties; and WHEREAS, the definition of a “chronic nuisance” as applied to multi-family properties should be revised to lower the threshold for the determination of a “chronic nuisance”; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Section 9.63.020 of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 9.63.020 DEFINITIONS. For purposes of this Chapter, the following words and phrases shall mean: A)"Chronic nuisance activity" shall mean any of the following activities, conduct, or behavior, whenever engaged in by owners, managers, operators, tenants, occupants or guests of the premises, or other persons that frequent or are associated with the premises: 1)Violations of Court orders as provided in PMC 9.03.011 and 9.03.012. 2) Violations of PMC Chapter 9.06 including disorderly conduct, failure to disperse, simple assault, malicious harassment, reckless endangerment, and disorderly place. Page 23 of 25 Chronic Nuisances Ordinance - 2 3)Violations of PMC Chapter 9.08, personal harassment. 4)Violations of PMC Chapter 9.11, indecent exposure and lewd conduct. 5)Violations of PMC Chapter 9.13, prostitution and related activities. 6) Violations of PMC Chapter 9.24, firearms and dangerous weapons. 7)Violations of PMC Chapter 9.28, gambling. 8)Violations of PMC Chapter 9.38, offenses involving drugs, or in violation of Chapter 69.50 RCW and Chapter 69.43 RCW. 9)Violations of RCW 9A.40.100 and RCW 9A.88.060, human trafficking. 10) Violations of PMC Chapter 8.02.320 and PMC 8.02.330, dangerous or potentially dangerous animals. 11) Violations of PMC Chapter 9.46, criminal mischief. 12) Execution of criminal arrest warrants, search warrants or criminal arrests on the property. 13) Violations of RCW 9.94A, criminal street gang related offenses. B)"Chronic nuisance property" means a premises, structure, or property, including adjacent sidewalks, parking areas and common areas, on which: 1) A single-family residence where three or more nuisance activities described in subsection A) above have occurred on different days during any 180- day period; or 2) A commercial business which: (a)Sells or serves alcoholic beverages where eight (8) or more nuisance activities described in subsection A) above have occurred on different days during any 180-day period; or (b)All other commercial businesses where four (4) or more nuisance activities described in subsection A) above have occurred on different days during any 180-day period. 3) An industrial property where three or more nuisance activities described in subsection A) above have occurred on different days during any 180- day period. Page 24 of 25 Chronic Nuisances Ordinance - 3 4) For any type of property where a search warrant or warrant of arrest, or arrest has occurred twice at such property, business location, or per unit of any multi-family residential property within a 12-month period; or 5) For any multi-family residential property including, but not limited to, apartments, boarding houses, rooming houses, or multi-tenant commercial properties including, but not limited to, hotels and motels having four (4) 0.5 or more nuisance activities per unit (occupied or not) having occurred on different days within a 180-day period of time. C)"Person in charge" means any person or entity in actual or constructive possession of the property, including but not limited to an owner as determined by the records of the Franklin County Auditor, lessee, tenant, occupant, agent, or manager with the express or implied control of the property. D)"Responsible official" means the Chief of Police or Director of Community Development, or any applicable department director as defined by PMC 11.02.030(3), or their respective designees. Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this ____ day of _____________, 2017. ______________________________ Matt Watkins, Mayor Attest:Approved as to Form: ____________________________________________________________ Debbie Clark, City Clerk Leland B. Kerr, City Attorney Page 25 of 25