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HomeMy WebLinkAbout3335 OrdinanceORDINANCE 3 33 4-; AN ORDINANCE establishing new licensing and regulatory requirements applicable to for-hire vehicles and repealing the existing requirements. WHEREAS, it has been determined by the City Council that the existing for- hire vehicle code provisions are outdated and in need of revision, and WHEREAS, it has been determined by the City Council that a complete revision of the for-hire vehicle code will provide a more efficient and effective adrmmstration of for-hire vehicles, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. Repeal That Chapter 5 44 entitled "Taxicabs" shall be and hereby is repealed in its entirety Section 2 That a new chapter be added to the Pasco Municipal Code designated as Chapter 5 45, entitled "For-Hire Vehicles" shall be and hereby is adopted and shall read as follows CHAPTER 5.45 FOR-HIRE VEHICLES 5 45 010 Purpose 5 45 020 General Provisions 5 45 030 Definitions 5 45 040 Operator's License 5 45 050 Operator's License - Issuance 5 45 060 Operator's License - Term 5 45 070 Operator's License - Transfer 5 45 080 Operator License - Sale 5 45 090 Driver's Permit - Fee 5 45 100 Driver's Permit - Qualifications 5 45 110 Driver's Permit - Requirements 5 45 120 Driver's Permit - Approval 5 45 130 Driver's Permit - Card 5 45 150 Insurance 5 45 160 Additional Passengers 5 45 170 Fares 5 45 180 Revocation and Hearing 5 45 190 Passengers 5 45 200 Penalty 5 45 210 Depot License Agreement - When Required 5 45 220 Business License - When Required 5.45 010. Purpose. The provisions of this chapter shall be deemed an exercise of the power of the city to license and regulate 5.45 020. General Provisions. The provisions of this chapter shall apply whether or not the Operator's business office is located within the City of Pasco Unless otherwise specified, the Fmance Director shall administer the provisions of this chapter The Finance Director may waive any provision of this chapter (other than • FOR -HIRE VEHICLE ORDINANCE the requirements of 5 45 040 to 5 45 080) if the Operator, Dnver or applicant, as the case may be, has complied with comparable regulatory provisions of the City of Richland, Washington, the City of Kennewick, Washington, or the Washington Utilities and Transportation Commission The Finance Director's consent to waiver shall not be unreasonably withheld or delayed 5.45.030. Definitions. (a) "Driver" as used in this chapter means any person driving a For- Hire Vehicle (b) "For-Hire Vehicle" as in this chapter means any privately-owned motor vehicle used for the conveying of passengers for hire within the city (c) "Operator" as used in this chapter means any person, firm, partnership, or corporation who shall engage m the business of conveying passengers by For-Hire Vehicle 5.45.040. Operator's license. No For-Hire Vehicle shall be used in the city unless such vehicle is licensed pursuant to Section 5 45 050 hereof 5.45.050. Operator's License - Issuance. The Finance Director shall, upon finding the applicant has met the requirements set forth in this chapter, issue the applicant a License for its For-Hire Vehicles The annual fee for each License issued shall be fifty dollars ($50 00) per vehicle No Operator shall be required to pay more than $500 for annual vehicle licensing, regardless of the number of vehicles licensed Each License shall bear a serial number and a brief description of the vehicle Licensed, the name and address of the Operator, and the Operator's state License number 545 060. Operator's License - Term Each Operator's License shall be valid for one year from issue, and no fractional License shall be issued 5.45.070. Operator's License - Transfer. Except as provided in Section 5 45 080, no Operator's License shall be transferred from one person to another, provided, however, that an Operator may add or delete For-Hire Vehicles to or from its License for a fee of five dollars ($5 00) for each addition and deletion 5 45.080 Operator License - Sale. An Operator's License may only be transferred with the prior, written consent of the city, which shall not be unreasonably withheld A transfer fee of fifty dollars ($50 00) shall be required for each approved transfer 5.45.90 Driver's Permit - Fee. No person shall drive a For-Hire Vehicle within the city without first obtaining a Driver's Permit No Operator shall utilize a Driver who is not permitted as provided herein A fee of fifty dollars ($50 00) shall accompany the application for the Permit In all cases where an Operator desires to act as a Driver, he shall, in addition to the requirements for the Operator's License, secure a Driver's Permit 5.45.100. Driver's Permit - Qualifications. No person shall be issued a Driver's Permit unless the person (a) Is at least eighteen (18) years of age and possesses of a valid state driver's license, and (b) Complies with all state laws and regulations relating to For-Hire Vehicles FOR -HIRE VEHICLE ORDINANCE The applicant shall file with the Finance Director an application on a form furnished by the Finance Director, which shall be signed and sworn to by the applicant and which shall set forth the following facts concerning the applicant Name, height, weight, color of hair and eyes, residence address, place and date of birth, length of time a resident m Pasco, whether a citizen or non- citizen, last place of employment, whether previously permitted and if so where and whether or not the Permit was ever suspended or revoked and for what cause, and such other information as the Finance Director may require 5 45.110. Driver's Permit - Requirements. Before a Driver's Permit shall be issued, the applicant shall submit to being fingerprinted and photographed The Police Chief shall also make the following inquiry regarding the applicant's background (a) A dnver's check, (b) A cnmmal history check, and (c) An outstanding warrants check The Chief of Police shall furnish the Finance Director with a report on the applicant's qualifications and police record, if any 5.45.120. Driver's Permit - Approval. If the applicant possesses the qualifications descnbed above and has no felony convictions within the past five (5) years, then the Finance Director shall approve the application If the Finance Director rejects the application, the applicant may appeal the decision to the City Council 5.45.130. Driver's Permit - Card. (a) Upon the finding that the applicant has met the requirements of this chapter, the Finance Director shall cause to be issued a card bearing the name and description of the Dnver, which card shall be carried on the Driver's person at all times when he is operating a For-Hire Vehicle (b) The Finance Director shall issue a temporary permit and card pending completion of the entire review descnbed in 5 45 110, provided that the results of the inquiry described in 5 45 110 (a) - (c) indicate that the applicant has no felony convictions within the past five (5) years 5.45 140 For-Hire Vehicle Condition - Inspection. All vehicles operating under authonty of this chapter shall be annually inspected by a certified mechanic acceptable to the Chief of Police, insuring that each For-Hire Vehicle is clean, properly equipped and in a safe operating condition With regard to each vehicle inspected, the inspector shall certify that (a) All lights and reflectors are operable, (b) All turn signals are operable, (c) Winng is in good condition, (d) Battery is in good condition and is properly secured, (e) Vehicle brakes are in good condition, (f) Parking brake is in good condition, (g) All windows (including windshield) are in good condition, (h) All windows are operable (open and close), (i) Windows are not obstructed, Fuel tank does not leak, and is in good condition, (k) Fuel lines are m good condition, (1) Tires are in good condition, (m) Heater is operable, FOR-HIRE VEHICLE ORDINANCE (n) Windshield wipers are operable, (o) Defroster is operable, (p) Speedometer is operable, (q) Exhaust system is in good condition, (r) Floor is free of holes and openings, and (s) Seat belts are operable and in good condition 545 150. Insurance. Each Operator and Dnver must maintain, dur mg the term of a License or Permit, as the case may be, insurance or a bond as prescribed by RCW 46 72 5.45.160. Additional Passengers. No Operator or Dnver shall place additional passengers in a For-Hire Vehicle without first secunng the consent of the person or persons by whom it was first engaged No vehicle shall carry more passengers that specified in its manufacturer's specifications 5.45 170. Fares. (a) There shall be conspicuously displayed in each For-Hire Vehicle, and at such other places as may be required by the city, a schedule of fares to be charged for conveying passengers within the city (b) An Operator or Dnver shall charge no more than the scheduled fare Each Operator shall maintain a current fare schedule on file with the Finance Director (c) Fares shall be determined on an hourly basis or by metering If fares are metered, meters shall be annually calibrated by the meter's authonzed representative 545 180. Revocation and Hearing. (a) The Finance Director may revoke any Dnver's Permit if he has reason to believe that the Dnver (1) Has been convicted of an offense of such nature as to indicate that he is unqualified or unfit to hold a Dnver's Permit, (2) Is guilty of an offense in which mandatory suspension or revocation of the state-issued driver's License is provided by law, (3) Has been convicted of a felony since issuance of the Driver's Permit, (4) Has been convicted of driving while under the influence of alcohol or narcotics, or (5) Has violated any term of this chapter (b) The Finance Director may revoke any Operator's License if he has reason to believe that the Operator has violated any provision of this chapter (c) Notice by the Finance Director of revocation of a Dnver's Permit or an Operator's License shall be forwarded by certified mail to the holder of the Permit or License (the Holder), as the case may be (i) If the Holder wishes to contest the revocation, he or she may do so by requesting a hearing before the city Code Enforcement Board Such request shall be in wnting and shall be filed with the Fmance Director on or before the expiration of ten (10) days from the receipt of the Finance Director's notice of revocation The Holder shall have the nght to present evidence and witnesses at the hearing (n) The Code Enforcement Board shall have the authonty to uphold, modify or reverse the decision of the Finance Director (m) The Holder shall have the nght to appeal the decision of the Code Enforcement Board to the Supenor Court FOR-HIRE VEHICLE ORDINANCE (iv) Any revocation which is appealed shall be stayed pending final resolution of the appeal 5.45 190. Passengers. It is unlawful for any person to refuse to pay the fare for service rendered under the terms of this chapter 5 45.200. Penalty. Any Operator, Driver, or passenger violating or failing to comply with any of the provisions of this chapter shall be guilty of a gross misdemeanor and shall be purushable by a fine not to exceed five thousand dollars ($5,000), or by imprisonment for not more than one (1) year, or by both such fine and imprisonment 5 45 210. Depot License Agreement - When Required. Any Operator desinng to provide For-Hire Vehicle service 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 pnonty use of a city-designated passenger pick up and drop off location on the Depot grounds The Depot license agreement shall authonze the city to charge fees for and to regulate Depot use Depot license agreements shall be non-exclusive The city may deny issuance of a Depot license agreement in its sole discretion No operator shall provide For-Hire Vehicle service from the Depot grounds except as provided herein 5.45.220. Business License - When Required. If an Operator's principal place of business is located within the City of Pasco, then the Operator shall be required to obtam a business license from the Finance Director, in addition to the License required pursuant to section 5 45 040 Section 3. This Ordinance shall take full force and effect five (5) days after its approval, passage and publication required by law PASSED by the City Council of the City of Pasco at a regular meeting this 21st day of December, 1998 FOR-HIRE VEHICLE ORDINANCE CITY OF PASCO: Charles D. ATTEST 6.14/6/)/72t -L. Ci-(0 .(Catherjne D. Seaman, Deputy City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney FOR-HIRE VEHICLE ORDINANCE SUBSCRIBED AND SWORN BEFORE ME THIS DAY OF wir,' /f9 - otary public in and for the State of Wash- ington, residing at N ] h ,-tricl COMMISSION EXPIRES (-) 1 `.1 / '6'00" -Atstt‘b ri — P 0 BOX 2608 PASCO, WASHINGTON 99302 2608 PHONE (509) 582-1500 LE L VEOT116110@ INVOICE Po- DATE !110/1 LEGAL NO #' )01%1 ACCOUNT NO ci El 2. DESCRIPTION #00:1 ORI.INANCT NO 17,75 TIMES 1 LINES 4-2 40 SOLD TO FA9C0 CIT'T OF LEGALS F.O. BOX FA3C0 WA -J9M1 OTICE This is an invoice for legal advertising space Please pay from this Invoice as no statement will be rendered Please detach at perforation and return with payment AFROAK`u -' OF PUSDEOCLIV -15095 COUNTY OF BENTON SS STATE OF WASHINGTON Fbnnt Tw]tt> , being duly sworn, deposes and says, I am the Legal Clerk of the Tr-City Herald, a daily newspaper That said newspaper is a legal newspaper and has been approved as a legal newspaper by order of the superior court in the county in which it is published and it is now and has been for more than six months prior to the date of the publication hereinafter referred to, published countinually as a daily newspa- per in Benton County, Washington That the attached is a true 4. )67 1 ORD I NANCE NO .1"zi copy of a as it was printed in the regular and entire issue of the Tr-City Herald 3 itself and not in a supplement thereof, time(s), /1()/ commencing on , and ending on 0 1 .1 , and that said newspaper was regulary distributed to its subscribers during all of this period FreEIVE " JAN I 9 ig99 INANCE DEPT inspector shall certify that (a) All lights and reflectors are operable (b)All turn sig nals are operable (c)Wiring is in good condition (d)Bat tery is in good condition and is properly secured (e)Vehicle brakes are in good condition (f)Parking brake is in good condition (g)All windows (including windshield) are in good condition (h) All windows are operable (open and close) (0\A/widows are not obstructed (j)Fuel tank does not leak and is in good condition (k)Fuel lines are in good con- dition (I)Tires are in good condition (m)Heater is operable (n)Windshield wipers are operable (o)Defroster is operable (p)Speedometer is operable (q)Exhaust sys tam is in good condition (r )Floor is free of holes and openings and(s)Seat belts are operable and in good condition 5 45 150 In surance Each Operator and Driver must maintain during the term of a Li- cense or Permit as the case may be insurance or a bond as prescribed by RCW 46 72 5 45 160 Add bona! Passengers No Op erator or Driver shall place additional passengers in a For Hire Vehicle without first securing the consent of the person or persons by whom it was first engaged No vehicle shall carry more passengers that specified in its manufacturer s specifications 5 45 170 Fa res (a)There shall be conspicuously displayed in each For-Hire Vehicle and at such other places as may be required by the city a schedule of fares to be charged for conveying pas- sengers within the city (b)An Operator or Driver shall charge no more than the scheduled 'lard Each Operator shall maintain a current fare s,^hedule on file with the Finance Director (c)Fares shall be determined on an Hourly basis or by meter ing If fares are metered meters shall be annually calibrated by the meter s authorized rep r es en tative 5 45 180 Revocation and Hearing (a)The Fi- nance Director may revoke any Driver s Permit if he has reason to believe that the Driver (1) Has been convicted of an offense of such nature as to indicate that he is unqualified or unfit to hold a Driver s Per mit (2) Is guilty of an of tent's) in which mandatory suspension or revocation of the state issued driver s License is provided by law (3) Has been convicted of a felony since issuance of the Driver s Permit (4) Has been convicted of driv- ing while under the influ ence of alcohol or narcot ics or(5) Has violated any term of this chapter (b)The Finance Director may revoke any Operator s Li- cense if he has reason to believe that the Operator has violated any provision of this chapter (c)Notice by the Finance Director of revocation of a Driver s Permit or an Operator s Li , cense shall be forwarded by certified mail to the holder of the Permit or Li - cense (the Holder) as the, ' case may be (i) If the Holder wishes to contest the revocation he or she may do so by requesting a hearing before the city Code Enforcement Board Such request shall be in writing and shall be filed with the Finance Director on or before the expiration of ten (10) days from the receipt of the Finance Director s notice of revoca tion The Holder shall have the right to present evi dence and witnesses at the hearing (ii) The Code Enforcement Board shall have the authority to up- hold modify or reverse the decision of the Finance Director (iii) The Holder shall have the right to ap- peal the decision of the Code Enforcement Board to the Superior Court (iv) Any revocation which is appealed shall be stayed pending final resolution of the appeal 5 45 190 Pas sengers It is unlawful for any person to refuse to pay the fare for service rendered under the terms of this chapter 5 45 200 Penalty Any Op erator Driver or passenger violating or failing to com ply with any of the provi sions of this chapter shall be guilty of a gross mis demeanor and shall be punishable by a fine not to exceed five thousand dol lars ($5 000) or by impris- onment for not more than one (1) year or by both such fine and im- prisonment 5 45 210 Depot License Agreement When Required Any Operator desiring to provide For Hire Vehicle service the Pasco Transportation Depot lo cated at 535 North First Avenue Pasco Washing ton (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 loca- tion on the Depot grounds The Depot license agreement shall authorize the city to charge fees for and to regulate Depot use Depot license agreements shall be non-exclusive The city may deny issuance of a Depot license agreement in its sole discretion No operator shall provide For- Hire Vehicle service from the Depot grounds except as provided herein 5 45 220 Business License When Required If an Operator s principal place of business is located within the City of Pasco then the Operator shall be required to obtain a busi ness license from the Fi nance Director in addition to the License required pursuant to section 5 45 040 Section 3 This Ordinance shall take full force and effect five (5) days after its approval passage and publication required by law PASSED by the City Coun cil of the City of Pasco at a regular meeting this 21st day of December 1998 CITY OF PASCO Charles D Kilbury Mayor ATTEST Catherine D Seaman Deputy City Clerk Approved as to Form Leland B Kerr City Attorney #0031 1/10/99 shall not be unreasonably withheld or delayed 5 45 030 Definitions (a)D river as used in this chapter means any person driving a For Hire Vehicle (b)For - Hire Vehicle as in this chapter means any privately owned motor ve hide used for the conveli r ing of passengers for hire within the city (c)Operator as used in this chapter means` any person firm, partnership or corporation who shall engage in the business of conveying pas sengers by For Hire ye hide 5 45 040 Operator s License No For-Hire Ve hide shall be used in the city unless such vehicle is licensed pursuant to Sec lion 5 45 0 5 0 hereof 5 45 050 Operator s License Issuance The Fi nance Director shall upon finding the applicant has met the requirements set forth in this chapter issue the applicant a License for its For-Hire Vehicles The annual fee for each Li cense issued shall be fifty dollars ($50 00) per ve hide No Operator shall be required to pay more than $500 for annual vehicle li- censing regardless of the number of vehicles li- censed Each License shal l bear a serial number and a brief description of the ve hide Licensed the name and address of the Oper ator and the Operator s state License num ber 5 45 060 Operator s Li cense Term Each Oper ator s License shall be valid for one year from is- sue and no fractional Li- cense shall be I issued 5 45 070 Operator s /License Transfer. Except as provided in Section / 5 45 080 no Operator s Li 1 cense shall be transferred / from one person to an other provided however that an Operator may add or delete For Hire Vehicles to or from its License for a fee of five dollars ($5 00) for each addition and deletion 5 45 080 Operator License Sale An Oper - ator s License may only be transferred with the prior written consent of the city which shall not be un reasonably withheld A transfer fee of fifty dollars ($50 00) shall be required for each approved transfer- 5 45 90 Driver s Permit Fee No person shall drive a For-Hire Vehicle within the city without first obtain ing a Driver s Permit No Operator shall utilize a Driver who is not permitted as provided herein A fee of fifty dollars ($50 00) shall accompany the application for the Permit In all cases where an Operator desires to act as a Driver he shall in addition to the requirements for the Oper- ator s License secure a Driver s Permit - 5 45 100 Driver s Permit Qualifications No person shall be issued a Driver s Permit unless the person (a) Is at least eighteen (18) years of age and pos- sesses of a valid state dri- ver s license and (b) Com- plies with all state laws and regulations relating to For- Hire Vehicles The ap- plicant shall file with the Finance Director an ap- plication on a form fur- nished by the Finance Director which shall be signed and sworn to by the applicant and which shall set forth the following facts concerning the applicant Name height weight color of hair and eyes residence address place and date of birth length of time a resi dent in Pasco whether a citizen or non-citizen last place of employment whether previously permitted and if so where and whether or not the Per mit was ever suspended or revoked and for what cause and such other in formation as the Finance 'Director may require 5 45 110 Driver s Permit - Requirements Be- fore a Driver s Permit shall be issued the applicant shall submit to being finger printed and photographed The Police Chief shall alLo make the following inquoy regarding the applicant s background (a)A driver s check (b) A criminal history check and (c) An outstanding warrants check The Chief of Police shall furnish the Finance [Wee tor with a report on the applicant s qualifications and police record if / any 5 45 120 Driver s Per mit Approval If the ap 'plicant possesses the qualifications described above and has no felony convictions within the past five (5) years then the Fi nance Director shall ap prove the application If the Finance Director rejects the application the ap plicant may appeal the de- cision to the City Council 5 45 130 Driver s Permit Card (a)Upon the finding that the applicant has met the requirements of this chapter the Finance Director shall cause to be issued a card bearing the name and description of I the Driver which card shall be carried on the Driver s person at all times when he is operating a For-Hire Ve hide (b)The Finance Director shall issue a tern porary permit and card pending completion of the entire review described in 5 45 110 provided that the results of the inquiry de- scribed in 5 45 110 (a) - (c) indicate that the applicant has no felony convictions within the past five (5) years 5 45 140 For-Hire Vehicle Condition - Inspec tion All vehicles operating under authority of this chapter shall be annually inspected by a certified me chanic acceptable to the Chief of Police insuring that each For Hire Vehicle is clean properly equipped and in a safe operating condition With regard to each vehicle inspected the r-eunc-vvorks-Director I #1773 - 12/20 27 1/3 10/99, ORDINANCE 3335 AN ORDINANCE estab lishing new licensing and regulatocv requirements applicable to for hire ye hides and repealing the exl sting requirements WHEREAS it has been determined by the City, Council that the existing for hire vehicle code provi- sions are outdated and in n eed of revision and WHEREAS it has been d etermined by the City Council that a complete revision of the for -hire ve hide code will provide a more efficient and effective administration of for-hire vehicles NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO RE SOLVE AS FOLLOWS Section 1 Repeal That Chapter 5 44 entitled Taxi cabs shall be and hereby is repealed in its entirety Section 2 That a new chapter be added to the Pasco Municipal Code des- ignated as Chapter 5 45 entitled For Hire Vehicles shall be and hereby is adopted and shall read as follows CHAPTER 545 FOR HIRE VEHICLES 5 45 010 Purpose 5 45 020 General Provi- sions 5 45 030 Definitions 5 45 040 Operator s Li cense 5 45 050 Oper- ator s License Issuance 5 45 060 Operator s Li- cense Term 5 45 070 Operator s License Transfer 5 45 080 Oper ator License Sale 5 45 090 Driver s Permit Fee 5 45 100 Driver s Permit - Qualifications 5 45 110 Driver s Permit - Requirements 5 45 120 Driver s Permit - Approval 5 45 130 Driver s 'Permit - Card 5 45 150 Insurance 5 45 160 Additional Pas sengers 5 45 170 Fares 5 45 180 Revocation and Hearing 5 45 190 Pas sengers 5 45 200 Penalty 5 45 210 Depot License Agreement When Re- quired 5 45 220 Business License When Required 5 45 010 Purpose The provisions of this chapter shall be deemed an ex ercise of the power of the city to licensc. and regulate 5 45 020 General Provi dons The provisions of this chapter shall apply whether or not the Oper ator s business office is lo- cated within the City of Pasco Unless otherwise specified the Finance Director shall administer the provisions of this chap ter The Finance Director may wanqs any provision of this chapter (other than the requirements of 5 45 040 to 5 45 080) if the Operator Driver or applicant as the case may bebhas complied With comparable regulatory provisions of the City of Richland Washington the City of Kennewick Washington or the Washington Utilities and Transportation COMMIS to,n The Finance Direc 1,,,,,zo,vent to waiver