HomeMy WebLinkAbout3096 Amending Chapter 5.40 of the PTMC - Taxicabs to Update Regulations Relating to For Hire Business Operations Ordinance 3096
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ORDINANCE NO. 3096
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING CHAPTER 5.40
OF THE PTMC—TAXICABS TO UPDATE REGULATIONS RELATING TO FOR HIRE
BUSINESS OPERATIONS
WHEREAS, the City Council determines it appropriate to update regulations relating to
for hire business operations, including taxicabs.
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
SECTION 1. Chapter 5-40 Taxicabs of the Port Townsend Municipal Code is hereby
amended to read as follows:
Exhibit A (attached) is adopted in its entirety, and replaces existing Chapter 5.40
PTMC—Taxicabs.
Exhibit B (attached), which is the existing Chapter 5.40 PTMC—Taxicabs,
is repealed in its entirety.
SECTION 2. Severability. If any provision of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance, or the application of the
provision to other persons or circumstances, is not affected.
This ordinance shall take effect and be in force five days after the date of its publication
in the manner provided by law.
Adopted by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this 3rd day of September 2013.
a �
David King, Mayor
Attest.- as to Form:
Pamela Kolacy, MMC, City Clerk J John P. Watts, City Attorney
Ordinance 3096—Exhibit A
Page 1 of 5
EXHIBIT A
Chapter 5.40—For Hire Vehicle Business
5.40.010 - For Hire License Required
No "for hire" operator shall operate a for hire vehicle within the City without first
obtaining a business license from the City issued under this chapter, and no person shall
drive a for hire vehicle without a driver's endorsement issued under this chapter.
5.40.020 - Definitions
1. The term "for hire vehicle" includes all vehicles used for the transportation of
passengers for compensation, including taxis, except auto stages, school buses
operating exclusively under a contract to a school district, ride-sharing vehicles
under chapter 46.74 RCW, limousine carriers licensed under chapter 46.72A
RCW, vehicles used by nonprofit transportation providers for elderly or
handicapped persons and their attendants under chapter 81.66 RCW, vehicles
used by auto transportation companies licensed under chapter 81.68 RCW,
vehicles used to provide courtesy transportation at no charge to and from parking
lots, hotels, and rental offices, and vehicles used by charter party carriers of
passengers and excursion service carriers licensed under chapter 81.70 RCW; and
vehicles or business separately licensed by the City, for example, horse taxis
(chapter 5.42 PTMC); Provided such businesses are required to obtain a business
license from the City unless the same is preempted by the State of Washington.
2. The term "for hire operator" means and includes any person, concern, or entity
engaged in the transportation of passengers for compensation in for hire vehicles.
3. "Vehicle" includes every device capable of being moved upon a public highway
and in, upon, or by which any persons or property is or may be transported or
drawn upon a public highway, including bicycles.
4. "Compensation" includes any payment or receipt of any fare, charge or money,
and includes situations where money may be exchanged between a passenger and
driver or operator in any manner, including on a donation basis.
5.40.030 - Application
Application for a for hire business license and a for hire driver's endorsement shall be
made on forms provided by the Finance Director(or designee) and shall include (1) the
name and address of the owner or owners, and if a corporation, the names and addresses
of the principal officers thereof, (2) name and valid driver's license of all operators of
any vehicle to be operated; (3) name and motor number of any vehicle to be operated;
and (4) such other information as the Director may require consistent with the
requirements of this Chapter.
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Ordinance 3096—Exhibit A
Page 2of5
5.40.040 - Business License; Driver's Endorsement—Requirements
A. No business license shall issue unless the Finance Director receives a complete
application for a business license and until the following have been met:
1. The applicant provides the Finance Director evidence of a valid State of
Washington for hire license, and/or other state license(s) required for the operator,
and shows compliance with all State of Washington requirements for the business
operation if the same is required by the State.
2. The applicant provides the Finance Director evidence of insurance meeting the
requirements of state law for a for hire operator, pursuant to ch. 46.72 RCW.
Such insurance shall name the City as an "additional insured" for all coverage,
and provide that it will not be cancelled without thirty days' written notice of
cancellation previously given to the Finance Director.
3. The Chief of Police (or designee) makes an appropriate background investigation
pursuant to PTMC 5.40.060 and determines that the issuance of a license to the
operator and endorsement to the driver(s) would be consistent with the public
health, safety and welfare, and with the requirements of this Chapter.
4. The applicant pursuant to PTMC 5.40.050 provides the Finance Director evidence
of satisfactory vehicle inspection.
5. The applicant has complied with all state and local laws pertaining to the
business, and has complied with the provisions of this chapter, and not made a
material misstatement of fact on the application form.
6. The applicant pays the Finance Director all license fees required by the City.
B. No person shall be permitted to obtain an endorsement for the driving of a for hire
vehicle unless the Finance Director receives a complete application for a business license
and the following requirements are met:
1. Possession of a valid Washington driver's license;
2. Not having been convicted of a felony crime against a person that directly relates
to the business or operation of for hire vehicle, or of operating a motor vehicle
while under the influence of intoxicating liquor or drugs, or of being in actual
physical control of a motor vehicle while under the influence of intoxicating
liquor or drugs, or of reckless driving, within five years preceding the date of the
application for a driver's endorsement;
3. Not having been convicted of three or more moving violations during a one-year
period during the five years preceding the date of the application for a driver's
endorsement.
2
Ordinance 3096—Exhibit A
Page 3 of 5
5.40.050 - Inspection of Equipment
Every licensee shall, before commencing operation, file with the Finance Director a
certificate of inspection showing all vehicles licensed pursuant to this chapter have been
inspected by a reliable automotive concern, approved by the Chief of Police and certified
as safe for"for hire" operation by the automotive concern. Each 12 months thereafter, the
vehicles must be reexamined by a reliable automotive concern and recertified as safe for
operation as a for hire vehicle pursuant to the terms and conditions of this chapter. In
addition to the inspections provided in this section, all vehicles operating under the
authority of this chapter shall be available for inspection at any time and at any place by
the Chief of Police (or designee), who shall order any vehicle to cease operation
immediately if it is determined the vehicle is in an unsafe condition.
5.40.060 - Investigation of applicant
Upon filing an application for a business or a driver's endorsement, the Finance Director
shall refer it to the Chief of Police, who within ten business days shall in manner he or
she determines appropriate make a background investigation into all matters relating to
the application and into the character and past record of the applicant and driver(s), and
whether the qualifications in PTMC 5.40.040 are met, and such investigation shall
include all available information pertaining to the application, and report the same to the
Finance Director with his or her recommendation. The applicant is responsible to pay the
costs of any investigation before the investigation is undertaken.
5.40.070 - Grant or Denial of License; Non-transferability
The Finance Director shall, not more than twenty days following receipt of a complete
application, or an additional amount of time needed for good cause, issue the business
license and the endorsement of any operator of a for hire vehicle unless the requirements
of this Chapter are not met. The license (or accompanying document) shall name the
operator and those authorized to operate the for hire vehicle. The applicant shall be
advised in writing if the Director's decision is denial and the reasons therefor. The
applicant shall have a right of appeal pursuant to the procedures in Chapter 5.08 PTMC —
Business Licenses.
Such licenses shall not be transferable.
5.40.080 - Operation Regulations
The operation of a for hire business shall be governed by the following regulations, in
addition to all other regulations of statute or ordinance:
1. A business licensed to operate a for hire business and a person with an
endorsement to operate a for-hire vehicle must maintain compliance with the
requirements of this Chapter.
3
Ordinance 3096—Exhibit A
Page 4 of 5
2. A person with an endorsement to operate a for hire vehicle shall immediately
cease operation of the for hire vehicle if the person has had his or her license
suspended, has been convicted of a felony crime against a person that directly
relates to the business or operation of for hire vehicle, or of operating a motor
vehicle while under the influence of intoxicating liquor or drugs, or of being in
actual physical control of a motor vehicle while under the influence of
intoxicating liquor or drugs, or of reckless driving; or having been convicted of
three or more moving violations during a one year period. The person shall,
within 10 days of the event, report any felony conviction and any moving
violation(s) to the Finance Director.
3. No person shall operate or be in actual physical control of a for hire vehicle while
under the influence of intoxicating liquor or drugs.
4. Every person engaged in the business of operating for hire vehicles shall maintain
a business address and a mailing address where the owner can accept mail and a
business telephone in working order that shall be answered during normal
business hours, Monday through Friday, and during all hours of operation.
5. Drivers of for hire vehicles employed to carry passengers to a definite point shall
take the most direct route possible that will carry the passengers safely and
expeditiously to the passengers' destination.
6. Operators shall post the schedule of fares in the vehicle in large letters in plain
view of the passenger(s), and not charge more than the scheduled fare.
7. Operators of the vehicle shall post or display in a prominent manner his or her
name in large letters in plain view of the passenger(s). Operators on request of a
law enforcement officer shall provide his or her driver's license and the
endorsement issued by the Finance Director to drive a for hire vehicle.
8. No taxi stand or zone may be operated without the written permission of the Chief
of Police, and subject to such conditions as the Chief deems appropriate.
5.40.090— Suspension and Revocation.
Procedures set forth in PTMC chapter 5.04 apply to suspension, revocation and appeal of
license issued under this Chapter.
5.40.100 - Fees.
A license shall be procured by any firm, corporation, partnership, association or
individual managing the operation of any for hire vehicle in the city. The license fee for
each such license shall be $100 for the calendar year or remaining portion thereof in
which the same is taken. The fee shall include a license to operate one vehicle under the
master license. Additional vehicles owned and operated by the holder of such a license
may be licensed at $50 each for the calendar year. In addition to the above, there is a
4
Ordinance 3096—Exhibit A
Page 5 of 5
license fee of$50 per driver. In case of licenses issued on or after July Ist of each year
only one-half of the above fees shall be paid.
5
Ordinance 3096-Exhibit B
Page 1 of 4
Chapter 5.40
TAXICABS
c o„+'
�t;ORs
5-W-.
-5.
5.4 n.06� m rrvPc 's lieense n,.,-.lieat' .
5.40.070 Contents of lieense applieation.
5.40.09Q Qualifieations for d6ver,
5.40.090 t +' .,tio of appl ie
5.40.1-00 Rejgealed.
5.4 n 110 n n ,a kept by 10.k
r�rrv�cccorci�c kept
5,444-'A r + + of 1;.,°rse.
5.40.140 Proposed sehedule of fates
540010 n l �
h Vs p n
> atid the enfofeing of this ehapter-, shall be under the superwision and eotAfol
the (n ,a 2461 § 1 1995; Ord. 1235 § 1 1 ono
�1ZIf'�Gi e�7eZiV � 1� TIT 1 L J✓ ,' 7
5 4nn n2o Lieense required--Expiration.
NE) tw6eabs shall ply or-be operated up)n the streets of the eity without first obtaining a lieefise
to do so, stteh > if isstied, shall be for the ealendar- yeaf and shall be effeetive for sue
period of time, unless soofter- stispe-flded or-Fevoked as pfovided in this ehaptef. Applieafioii for.-
lieenses for-taxieabs shall be made by t ie ownet!thefeof upon blank fonns to be furnished by the
eity tr-easur-et! and sueh appliefflio.n. shall eontain the full name and address of the ownef, the type-
of vehiele and the passengef eaffying eapaeity. Nor- shall any owflef of a twdeab allow the same
to be opefated by any per-son othef than the dfiver- lieensed pursuant to the provisions of this
and if it deter-mines that sueh applieant is ei4itled to sueh lieense it shall notif�,the
yeaf and shall not be tfansferable ftem ovffiet!to ownef or from ear-to ear, (Ord. 2461 § 1, 1995;
Ofd.-123 , 194 9r
c nn 030 v Mile to be safe
Ordinance 3096—Exhibit B
Page 2 of 4
No taxieab or for hire ear shall be lieensed unless the Snme is in a safe condition for use as s
nor until satisfaetery evidenee is f- nished that the provisions of applieable state laws and this
J
5 940.0 inspection issiizanee.
aeeefdanee with the provisions of this J upon t e payment of the lieense fee her
set forth, the same shall be lieensed, if the eity eouneil shall so determitie, by delivering to the
owner a eafd of sueh size and form as may be fixed by the eity tfeastff er. . 24 61 §
1,
n ,a 1735x4 1949
5.40.050 Master heense.
A master lieense shall be proeured by any firm, vu Nui uieY ip, assoeiatiori of
individual managing the operation of any taxieab of taxieabs in the eity. The lieense fee for eaeh
stieh master lieerise shall be $100.00 for the ealendaf),ear portion thereof in whie.h.
the same is taken. The fee shall inelUde lieense to operate one tfflEieab tmdef the master lieense.
Additional eabs ovffied arid operated by the holder- of sueh a master- lieense shall be keensed
one half of the abovemenlietied fees shall be paid. Sueh lieenses shall not be transferable. (Ord.
2461 § 1 1995; Ord. 1735 § 5,_1949j.
5.40.TV 060 Cabdriver-'s iiccns°c—App cation.
Ll V 11.
A. Lieense Required. Every per-son desififig to J
hire ear within the eity, shall make writ4en applieation to the eity treasurer- for a lieense to do so.
J
payable to the eity J ) whieh shall be an annual lieense fee. The applieation fee
shall be nop&efurtdable, and shall be made upon f6fras provided by the eitytfeastirer.
G. All eabdfiver-s' lieenses issued under this ehapter shall expire on Deeembef 3 1 st of eaeh year
uriless previously revoked. (Ord. 2461 § 1, 1995; Ord. 1235 § J
5.40.070 Contents „c heense appheation.
Every appliea-tit shall state his/her naine, age, plaee of birth, plaee of J length of fiffie
he/she has fesided in the eity, married of single, last place of employmetit; with name and—
address of employer-, whether he/she has been previously lieensed as sueh driver, and if so,
where; whether any sueh lieense has ever been suspended or J ) ;
whether of not he/she has ever been eon-vieted of a efime, and if J the number of
eases.eonvietions, the approximate dates thereof-, the narnes of the eourts in whieh he/she was eharged�
the efime with whieh he/she was eharged, and the final disposition of the ease and/or
2461 § 1 1995; Ord. 1235 R 7 1949)-.
c nn n8n n l;f;,.ations for- ,aL-Wen
Ordinance 3096—Exhibit B
Page 3 of 4
Evefy applieant must possess the following Elualifieations: He/she must be at least 21 yeafs o
age, and duly lieensed to dFive a motor-vehiele for-hife undef the laws of the state of
Washington. He/she must show that he/she has a good knowledge of the laws of the state o
Washington, and the or-dinanees of the Y tl lint f. f. operation
vehiele . (Ord. 2461 § 1 1995; Ord. 1725 "S Q 1949),
. . 1JI11.N 114•
poliee, whose duty it shall be to investigate stteh applieant and if satisfied with his/h
qualifieations feeemmend in wfititig within a reasonable time that a lieense be issued to I
if not satisfied with sueh I
applieant is entitled to sueh lieense it shall tiotif�,the eity tf easur-ef and he/she shall isstie sue
lieense. The lieense when issued shall be displayed in a promiiiepA plaee while I opefating
I
5.40. 11nnr ; it ti�
V11•
all renewals, suspensions and feweations thereof-, whieh feeord shall be kept on file with the
5.40.120 Suspension or revoeation of fieense.
if the ehief of poliee finds that any pefsen licensed hereutidef has been eofivieted of a or-ifflifial
violation of fecler-al or state 4w, or-any or-dinanee of the 7 and that sueh eenvietion —11-1-kill.—
that sueh fie—we lotigef of good moral ehar-aetef and I
expeneneed I r report
and before t!evoking of suspending an), sueh lieense, the eity eouneil shall ofder a heafing and i
sueh ease shall notify the lieensee of the date of said heafing and of the eentents of the r-epoft o
the ehief of I ) but shall not be less than five
days ffem and after sefviee of nefiee. if upon hearing before the eity eouneil a major-ity of the
eity eouneil shall find that the lieense of the lieensee should be suspended of fevoked, it shall be
so or-defed. in ease of the Fevocation of lieense' the same shall be taken up by the ehief of poliee
and eaneeled by the eity treasurer-, -mid ifi easea, ' . i of a lieense the same shall be
stir-fender-ed to the eity treasur-er and shall be fetumed to the lieensee at the termination of the
period of suspension. (Ord. 2461 § 1, 1995; Ord. 1235 § 7
Ordinance 3096—Exhibit B
Page 4 of 4
c 4n 1zn Contents f l
EA,,er-y lieense issued under the provisions of this ehaptef shall state in substanee that such lieens-e
is issued in eonsidefalion of the fee paid ther-efof and the right of the eity e0unell. +10 feNloke of
.
246§ 1, 1995; O,.a 1235 x 13, 1949*
5.40.140 Prop )sed sehedule of rates Filing.
Any person owning, oper-a-ting or eonty-olling any taxieab within the eity shall file a pfoposed
the eouneil and after-the appr-oval of a seliedule the same shall be filed with the eity elefk. it is
ft+Ahef pr-ovided that any eliange in the sehedule of fares shall be approved by the eetineil as