HomeMy WebLinkAbout4342 OrdinanceORDINANCE NO. X13 wiz
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Code shall be and hereby is repealed in its entirety.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,
Ordinance Repealing Chapter 5.45 and Creating Chapter 5.45A
Page 1
5.45A.100
For -Hire (Taxicab/TNC) Business license Additional Requirements.
5.45A.I 10
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.
Ordinance Repealing Chapter 5.45 and Creating Chapter 5.45A
Page 2
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;
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.
Ordinance Repealing Chapter 5.45 and Creating Chapter 5.45A
Page 3
L) "Transportation Network Company" which may be abbreviated herein to "TNC",
means a company that exclusively uses an Internet online -enabled website, system, or
application to connect passengers with TNC drivers who provide prearranged rides within the
City.
M) "Transportation Network Company Driver" or "TNC Driver" means a driver who
is an independent contractor of a TNC and receives connections to potential passengers and
related services from a TNC in exchange for payment of a fee to the TNC; and uses a TNC
vehicle to offer or provide prearranged rides through a TNC's digital network to passengers in
return for compensation.
N) "Transportation Network Company Vehicle" means a vehicle that is owned,
leased or otherwise authorized for use by a TNC driver and is used by the TNC driver to provide
prearranged rides 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 or renew a for -hire business 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, on
a form provided by the Licensing Officer, that the taxicab company or TNC is in
compliance with the driver requirements, vehicle requirements, insurance requirements,
and operational requirements of this Chapter. An application review fee, as designated in
PMC 3.07.050, shall be paid in full at the time of submitting any initial and renewal
license application.
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 and
terminate on December 31 of the year of issuance or renewal, unless the license has been
(re)submitted for renewal on or before the expiration date.
C) The business license fee shall be based upon the number of employed or affiliated
drivers operating for -hire vehicles for the taxicab company or TNC applying for the license, as
designated in PMC 3.07.050.
Ordinance Repealing Chapter 5.45 and Creating Chapter 5.45A
Page 4
D) No for -hire (Taxicab/TNC) business license shall be issued or valid until the
affidavit and proof of insurance required 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 has not 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 evidence of such compliance 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).
C) Taxicab company for -hire drivers shall, in addition to the requirements of section
B) 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;
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;
Ordinance Repealing Chapter 5.45 and Creating Chapter 5.45A
Page 5
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) A taxicab company, TNC, or its agent, shall maintain accurate and up-to-date
records for all of its employed or affiliated for -hire drivers operating within the City of Pasco.
Said record shall include that information required by subsections B) and C), above as
applicable, subsection G) below, and such other information as may be required by this Chapter.
E) Prior to permitting a person to operate as a taxicab driver or as a TNC driver, and
biennially thereafter, the taxicab company or TNC shall conduct, or have a third party conduct
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 publicly 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, felony 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 (2) 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.
F) 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.
G) Each for -hire driver shall provide to the for -hire business by which it is employed
or with which it is 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,
and automobile insurance.
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 for at least three (3) years. Such
an inspection shall, at a minimum, include inspection of the following components:
Ordinance Repealing Chapter 5.45 and Creating Chapter 5.45A
Page 6
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)
Tum indicator lights;
J)
Stop lights;
K) Front seat adjustment mechanism;
L) Doors (open, close, lock);
M) Horn;
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
Ordinance Repealing Chapter 5.45 and Creating Chapter 5.45A
Page 7
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 (1) year from the date each trip was provided; and individual records of
each taxicab driver or TNC driver at least until one (1) year after the date on which the driver's
relationship with the taxicab company or TNC has ended. The City may require the taxicab
company or TNC to produce records directly related to an active investigation of a specific
allegation against a for -hire driver or a violation of this chapter.
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.
2) 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 %2) inches in height with the width
proportional. Vehicles operated solely by TNC Drivers shall display in a manner 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 prearranged 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
Ordinance Repealing Chapter 5.45 and Creating Chapter 5.45A
Page 8
payment, a payment receipt 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 authorized 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 from a passenger about a driver from
whom the passenger received for -hire transportation 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 or 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 and shall
conduct an investigation into the reported incident. 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.
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 FOR -HIRE 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 disclose to the passenger the fare or the fare
Ordinance Repealing Chapter 5.45 and Creating Chapter 5.45A
Page 9
calculation method before the beginning of the prearranged ride and, if the fare is not disclosed
to the rider before the beginning of the prearranged ride, provide the option to receive an
estimated fare before the passenger enters the TNC vehicle. A taxicab operator or driver shall
charge no more than the scheduled fare. A TNC driver shall charge no more than the disclosed
fare, or the fare determined using the disclosed calculation method, unless the passenger requests
changes to the prearranged destination or route.
B) 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 3`d, 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
company's or TNC's records relating to its affiliated drivers operating within the City, as it is
specifically related to discrepancy. 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. Any taxicab or 'INC records reviewed by the
City under this Chapter may be designated "confidential" and are not subject to disclosure to a
third party by the City without the prior written consent of the taxicab company or TNC.
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 frids by clear and
convincing evidence that the licensee or applicant's claim is meritless.
Ordinance Repealing Chapter 5.45 and Creating Chapter 5.45A
Page 10
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 pickup 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 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.
Section 3. That Section 3.07.050 entitled "Business Licenses" Subsection CC
regarding For -Hire Business License 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 Vehiele (Taxicab/TNC) Business
License Application Review $50.00 5.45A.0540
and Business License Fee
in the amount as follows : .
per- vehiele
$300.00 for companies
em llooying or contracting
with ten (10) or fewer
drivers.
$700.00 for companies
emploving or contracting
with 11 to 40 drivers.
$2,000.00 for companies
Moving or contracting
with 41 or more drivers.
Ordinance Repealing Chapter 5.45 and Creating Chapter 5.45A
Page 11
23) Annual For -Hire Driver Business $40.00 5.45A.050
License
34) Photograph (as applicable) $5.00 5.45A.060
43) Fingerprints (as applicable) $4-05.00 5.45A.060
56) Criminal History Check $30.00 5.45A.060
(as applicable)
6-7) WSP/FBI Criminal History Check $34.75 5.45A.060
(Ord. 4154, 2014; Ord. 4100, 2013; Ord. 4074, 2012; Ord. 3857, 2008; Ord. 3766, 2006;
Ord. 3764, 2006; Ord. 3759, 2006; Ord. 3543, 2002.)
Section 4. This Ordinance shall take full force and effect five days after its
approval, passage and publication as required by law.
PASSED by the City Cou cil of flie City of Pasco, Washington, and approved as
provided bylaw thisw r -j- day of v , 2017.
Matt Watkins, Mayor
ATTEST:
�;n rk
Sandy Ken orthy, Interim Ci Clerk
APP D AS TO FORM:
Leland B. Kerr, City Attorney
Ordinance Repealing Chapter 5.45 and Creating Chapter 5.45A
Page 12