5.10.210 Taxicabs, taxi stands and taxicab drivers

5.10.210 Taxicabs, taxi stands and taxicab drivers.

No person may own or operate a taxicab or taxicab business unless the vehicle is licensed under this chapter, and no person may drive a taxicab without a taxicab driver's permit issued under this chapter.

A. Definitions. In addition to the definitions that apply generally to this chapter, the following definitions and interpretations shall apply to the terms and phrases found in this section:

"Seal" shall mean such device prescribed by the chief of police as may be necessary to insure that the measurement or calculation function of the taximeter cannot be tampered with or adjusted without breaking said seal.

"Taxicab" means every motor vehicle having a capacity of seven passengers or less, used for the transportation of passengers for hire, and not operated over a fixed definite route.

"Taximeter" means any instrument or device by which the charge for hire of a passenger-carrying vehicle is mechanically measured or calculated, either for the distance traveled by such vehicle or for waiting time, or for both, and upon which such calculated charges are indicated by means of figures.

B. Taxicab business license fees - enumerated. The fee for a taxicab business license shall be the sum of forty dollars ($40.00) annually.

C. Application - requirements generally. At a minimum, the applicant for a taxicab business license shall provide:

1. Full name and both the business address and residence address of the owner or lessee of each vehicle, and, if a partnership or corporation is seeking a license, a list of all stockholders or partners;

2. Make, model, year of manufacture, color, motor or vehicle identification number, and state motor vehicle license number of each vehicle owned or operated by the applicant;

3. Proof of ownership or lessee's interest in each vehicle;

4. A certificate of public liability insurance for each vehicle providing coverage for the term of the license applied for, in the minimum amounts of one hundred thousand dollars ($100,000.00) for personal injury, including death, three hundred thousand dollars ($300,000.00) for aggregate personal injuries in any one occurrence, and fifty thousand dollars ($50,000.00) for property damage;

5. A schedule of rates and charges;

6. The location of the taxicab stand applied for each vehicle, together with any other location from which each taxicab will be operated; and

7. Such other information as the finance director or chief of police may require in order to effectively administer the provisions of this chapter.

D. Application - verification. The chief of police shall verify the contents of each application and report his findings to the city council.

E. Business license - issuance, expiration and renewal. A taxicab business license is subject to the approval of the city council upon determination that the public convenience and safety requires the operation of the vehicles covered in the license. The license shall identify the licensee, the vehicle covered by the license and the expiration date of the license. The finance director shall issue a license for each vehicle in the application approved by the city council, and the license holder shall conspicuously display each license issued in the proper vehicle. All taxicab business licenses shall expire on December 31st of the year in which issued.

F. Changes to application contents. Amendments to information provided on the license holder's application which would change the ownership of any vehicle or taxicab business, are not allowed without the payment of additional license fee. Any amendments made to an original or renewal application are subject to the review and approval of the chief of police.

G. Business license - denial, suspension or revocation - violation. The following acts shall be a violation of this section and grounds for the city council or chief of police to deny, suspend or revoke the offender's taxicab business license.

1. Material misrepresentation in the license application or amendment thereto;

2. Allowing a person who does not have a valid taxicab driver's permit issued under this chapter to drive a licensed vehicle;

3. Failure to pay when due any fines or penalties levied for violating this chapter;

4. Failure or refusal to allow the city to inspect a taxicab for compliance with this chapter;

5. A record based on competent evidence that the applicant or licensee is not competent to perform the duties and fulfill the responsibilities of a licensee under this chapter.

H. Taximeter - required. It is unlawful for any person to drive, operate or engage in the business of operating a taxicab unless the taxicab is equipped with a sealed taximeter which has been inspected and approved by the chief of police. The following rules and regulations shall apply to the operation of a taximeter:

1. It is unlawful for any person to drive, operate or engage in the business of operating a taxicab unless there is posted within the taxicab a list of the rates that is being used in the operation of the taximeter. The taximeter shall be operating, and the rates charged by the meter shall correspond to the posted rates. The rates posted within the taxicab shall be filed with the city finance director.

2. It shall be the duty of the owner, driver or any other person having possession and control of the taxicab to at all times keep the taximeter accurate and in good working condition. Prior to the installation of such taximeter, the same shall be approved for operation by the chief of police, or the chief of police may require the licensee to have such taximeter tested and inspected by another municipal agency or an independent testing laboratory. Upon such approval, a written notice shall be plainly posted and attached to the taximeter for the information of the public. Such taximeter shall be rechecked and inspected at least once a year in the same manner as the original inspection. Following such inspection, the chief of police shall affix a seal to the taximeter.

I. Vehicle inspections - fee. There shall be no charge for the first inspection of a vehicle in a year, but thereafter there shall be a charge of fifteen dollars ($15.00) for each inspection. Whenever an appointment is made for the police department to inspect a taximeter or taxi equipment, and the taxi driver or company fails to appear for the appointment, an assessment of fifteen dollars ($15.00) must be paid. Failure to make the payments under this section may be grounds to suspend or revoke the taxi vehicle license or the taxi driver's permit.

1. Every licensee must keep each taximeter installed in such a position that the face upon which the fare or charge is indicated is readable by passengers.

2. Every licensee must display on each taxicab:

a. The name of the business or company to which the vehicle is licensed plainly printed in letters at least two and one-half inches high on both sides;

b. The schedule of rates of fares typewritten upon a contrasting background in at least eighteen (18) point type and conspicuously posted in the passenger compartment;

c. The taxicab business license conspicuously posted with the schedule of fares.

3. Every licensee shall ensure that each taxicab is equipped with proper and serviceable seat belts for each passenger;

4. Every licensee shall ensure that each taxicab is kept clean and neat and is in good and safe working order.

K. Taxicab driver's photograph. Whenever operating a taxicab, each taxicab driver shall display a photograph and the name of the driver. The photograph shall be at least two inches by two inches and the photograph and name shall be conspicuously posted so that they are clearly viewable by passengers in the vehicle.

L. Rates and charges. The city does not regulate rates and charges for taxicabs except to require that they be uniform for all vehicles of the same color combination of a company, that measures be taken before rates are changed, and that the rate schedule contains certain items.

1. At least fifteen (15) days before charging any new or different rates a licensee must file an updated schedule of fares with the director. If the new rates require adjustment of the taximeter, the licensee may not use the new rates until the adjustment has been made and the meter resealed. The licensee must withdraw any advertisement of the previous rates before using new rates. The licensee must post the new rate schedule in the vehicle.

2. A licensee must include in the required rate schedule charges for:

a. Waiting time, on an hourly basis;

b. Initial drop on all trips including the first increment of a mile of travel;

c. Distance based on uniform increments of a mile as posted;

d. Each additional passenger;

e. Additional baggage, per piece, not including baggage which can be carried on by the passenger;

f. Any separate rates for service between the hours of midnight and 6:00 a.m.

3. A licensee may by written contract establish a fare for specific transportation different than the fixed rate.

4. No customer shall be charged an amount which exceeds the valid posted schedule of rates and charges.

1. A taxicab stand is an area designated by the city engineer and approved by council for the parking or standing of one taxi. The city shall clearly mark each taxicab stand.

2. Each taxicab business license shall designate the taxicab stand or stands for each vehicle. No licensee shall have more assigned taxicab stands than licensed taxicabs.

3. The city engineer may designate taxicab stand other than those assigned to the vehicle except for the purpose of immediately picking up or discharging passengers.

4. No taxicab may park or stand at a taxicab stand other than those assigned to the vehicle except for the purpose of immediately picking up or discharging passengers.

5. The area of the city from which taxicab stands may be assigned is as follows: from and including the south side of Heron Street to and including the north side of Market Street from "E" Street to "L" Street.

N. Taxicab driver's permits – application - requirements generally. Applications for taxicab driver's permits shall be made to the chief of police, rather than to the director, on forms prescribed by the chief. Each applicant must:

a. Of name, age, and address(s) for the last five years;

b. Of current and last preceding place of employment;

c. Whether he has been previously employed or licensed as a taxicab driver and, if so, the reason why not now so employed;

d. That the applicant has been a licensed motor vehicle driver for at least two years;

e. Of ability to read and speak the English language;

f. That the applicant is not addicted to the use of intoxicating liquor or drugs;

g. Listing all prior criminal convictions.

2. Submit to fingerprinting by the police department.

3. Provide:

a. Two recent photographs of the applicant of a size designated by the chief of police and which may be easily attached to the permit. One of which shall be so attached when issued, and the other shall be filed with the application.

b. Copy of current driver's license for inspection and record check.

4. Each licensed driver shall, upon demand of an inspector, police officer or passenger, exhibit their permit and photograph for inspection.

O. Taxicab driver's permit – fees - duration. Applications for a taxicab driver's permit shall be accompanied by a nonrefundable fee of fifteen dollars ($15.00). Taxicab drivers' permits shall be issued by the chief of police and shall be valid for one year from the date of issuance.

P. Taxicab driver's permit – denial - suspension or revocation - violations. It is a violation and a taxicab driver's permit may be denied, suspended or revoked if the applicant or permittee:

1. Does not have a current valid Washington State driver's license appropriate for driving a taxicab;

2. Has not been a licensed driver for a minimum of two years;

3. Is unable to speak or write the English language;

4. Is addicted to the use of intoxicating liquor or drugs;

5. Makes a material misrepresentation on the taxicab driver's permit application;

6. Is adjudged as having committed more than two traffic infractions in any twelve-month period while driving a taxicab; provided, that at least one of the infractions occurred within twelve (12) months of the action;

7. Has been convicted of any felony offense in the past ten years or any misdemeanor involving immoral conduct, theft, assault or drugs in the past five years;

8. Is convicted of, receives a deferred prosecution for, or fails to appear for trial on a charge of reckless driving or driving or being in physical control of any vehicle while under the influence of liquor or drugs in the preceding twenty-four-month period;

9. Fails to deliver to the police department within twenty-four (24) hours any property of value left in a vehicle;

10. Allows a person to alight from the vehicle while it is in motion or discharges a passenger at any place other than the curb or pavement edge;

11. Allows a passenger to consume intoxicating liquor or drugs in the vehicle;

12. Transports a passenger to a destination by a route that is not the most direct, unless the passenger specifically authorizes such alternate or indirect route;

13. Picks up any additional passengers without the express consent of the original passenger;

14. Refuses to pick up as a passenger any person of proper deportment when the vehicle is available, or discriminates against any person because of race, religion, national origin, sex, marital status, age, or mental or sensory handicap;

15. Activates the meter when the vehicle is not engaged, or fails to activate the meter at the beginning of each trip, unless the trip is made under contract;

16. Uses a taxi stand for any purpose other than to await for carriage of passengers for hire;

17. Engages in any unfair or deceptive acts or practices;

18. Fails or refuses to allow the city to inspect a taxicab as provided by this chapter;

19. Demonstrates, by a record based on competent evidence, that he or she is not fit or competent to perform the duties and fulfill the responsibilities of a permittee under this chapter.

1. If the chief of police determines that a taxicab business license or taxicab driver's permit should be revoked or suspended, the chief shall notify the licensee or permittee of his decision, together with the reasons therefor, by certified or registered mail. This notice shall also include the licensee or permittee's right to a hearing or an appeal under this section.

2. Within fourteen (14) days after the mailing of the notice provided in subsection (17)(a) of this section, the licensee or permittee may request a hearing before the chief to show cause why such license or permit should not be revoked or suspended. If the licensee or permittee does not request a hearing before the chief within fourteen (14) days of the mailing of the notice, the license or permit will be revoked or suspended, as appropriate.

3. If a hearing is requested, and, after such a hearing, the chief decides that the license or permit should be revoked or suspended, he shall so notify the licensee or permittee of his determination in writing. The licensee or permittee may appeal by filing written notice of appeal with the city council within twenty one (21) days of his notification by the chief. At his option, the chief of police may treat a request by a licensee or permittee for a hearing before the chief as an appeal to the city council by so notifying the city council, which shall then treat the matter as an appeal under the following section.

4. Upon receipt of an appeal, or notification by the chief that he is electing to treat at request for a hearing as an appeal, the council shall schedule a hearing at the earliest opportunity and shall notify the licensee and the chief of the date of the hearing. At the appeal, the city council shall consider evidence presented by the chief of police, the applicant, and other interested persons and shall make a determination as to whether or not the license should be suspended or revoked. Following a hearing the council may affirm, modify, or revise the decision of the chief suspending or revoking a license. If the license is revoked or suspended on appeal by the city council, the council shall state its reasons for in a resolution. Action by the council shall be final and effective immediately unless otherwise specified.