Chapter 5.08 TAXICABS AND FOR-HIRE VEHICLES

“Driver” means every person in direct and immediate possession or charge of operating any taxicab, either as agent, employee or otherwise, of the owner, as owner or under the direction of the owner.

“For-hire vehicle” means a motor vehicle which may be hired (such as limousine) for carrying clients, not on a fixed route, and not exceeding the seating capacity for which the vehicle is designed. Nonprofit and public transportation does not apply to this definition.

“Owner” means every person having use or control of any taxicab, whether as owner, lessee or otherwise.

“Street” means any street, alley, avenue, road, lane, highway or public place in the city commonly used for the purpose of public travel.

“Taxicab” means a motor vehicle regularly engaged in the business of carrying passengers for hire, having a seating capacity of not more than five persons and not operating on a fixed route. [Ord. 2001-23].

5.08.020 Certificate required – Application.

A. No person may engage in the operation of any taxicab or for-hire business within the city without first obtaining a certificate of public convenience and necessity as provided in this chapter and paying the required business license fees.

B. An application for a certificate for the operation of one or more taxicabs shall be filed with the city administrator, shall be verified under oath and shall provide the following information:

1. The name, business address and residence address of the owner or person applying;

2. The number of vehicles owned and the number of vehicles operated by the owner on the date of application;

3. The number of vehicles for which a certificate is desired;

4. The number and suggested location of taxicab stands, if any are sought;

5. The make, type, year of manufacture and passenger seating capacity of each taxicab for which application for a certificate is made;

6. A description of the proposed color scheme, insignia, trade style or any other distinguishing characteristics of the proposed taxicab design;

7. A statement whether the applicant or any officers of the applicant have been convicted of any felony, misdemeanor or violation of any municipal ordinance or state law (other than minor traffic and parking offenses), the nature of the offense and the punishment or penalty assessed;

8. Such other information as the city council may deem necessary in all applications or in individual applications for the proper protection of the public. [Ord. 2001-23].

5.08.030 Investigation of application – Public hearing.

A. Before any taxicab or for-hire vehicle application is acted upon by the city council, the city administrator shall have the police chief make an investigation within 30 days from the date the application is filed.

B. Upon completion of such investigation, the police chief shall report his or her findings in writing to the city administrator.

C. In determining whether the public convenience and necessity require the operation of a taxicab for which application is made, the city council may hold a public hearing within 30 days from the date the application is filed. [Ord. 2001-23].

5.08.040 Decision of city council.

A. The decision of the city council in declaring that public convenience and necessity require more taxicab service shall be declared by resolution. The city council may grant a certificate to any applicant and may determine the number of certificates to be granted to any applicant.

B. No certificate may be issued to any person who has not complied with all requirements of this chapter before commencement of the proposed service. [Ord. 2001-23].

5.08.050 Transfer, cancellation, suspension or revocation of certificate.

A. No certificate may be sold, assigned, mortgaged or otherwise transferred without the consent of the city council by resolution. The city council may grant or deny or impose such conditions with respect to the transfer of a certificate as it may deem to be in the best interests of the public safety and the general welfare.

B. An application for transfer of any certificate is subject to the same terms, conditions and requirements as the application for an original certificate.

C. If a person sells his or her taxi or for-hire vehicle business or discontinues the taxi or for-hire vehicle business for a period of 45 consecutive days, the certificate is automatically cancelled and may be reissued only in accordance with this chapter.

D. Any certificate may be suspended or revoked by the city council after a hearing at which the certificate holder is given an opportunity to appear if any one or more of the following conditions exist:

1. The owner’s past record is unsatisfactory;

2. The owner fails to operate the taxicab or for-hire vehicle in accordance with the provisions of this chapter;

3. The owner ceases to operate any taxicab or for-hire vehicle for a period of 45 consecutive days without obtaining permission for cessation of such operation for the city council;

4. The taxicabs are operated at a rate of fare other than that approved by the city council;

5. The owner fails to pay any of the fees or payments required to be paid by him or her by the provisions of this chapter. [Ord. 2001-23].

5.08.060 Surrender of certificate.

Any certificate suspended or revoked by the city council shall be surrendered to the police chief and the operations of any taxicab or for-hire vehicle covered by such certificate shall cease. Any owner who permanently retires any taxicab or for-hire vehicle from taxicab or for-hire vehicle service and does not replace it within 45 days shall immediately surrender any certificate granted for the operation of such taxicab to the police chief and the owner may not secure an additional certificate for the operation of any taxicab or for-hire vehicle without making application therefor in the manner provided in this chapter. [Ord. 2001-23].

5.08.070 License fees.

No certificate may be issued or continue in operation until the applicant has paid to the city recorder, upon application, an annual license fee of $15.00 for the first vehicle and $5.00 for each additional vehicle operated within the city. Where the certificate is issued for less than one year, the license fee may be prorated on a six months’ basis, with a one-half payment being made for any time of less than six months during which such certificate is to remain in effect. The annual license fee is due and payable on July 1st of each year. [Ord. 2001-23].

5.08.080 Taxicab rates – Rates displayed.

A. A fixed rate shall be charged and collected for the transportation of passengers from a point to a point within the city limits by all persons, firms or corporations owning and operating licensed taxicabs and no different rates shall at any time be charged or collected for taxicab service, either directly or indirectly through the use of coupons, rebates, commutation tickets or in any manner whatsoever from point-to-point within the corporate limits of the city. A charge is to be collected for passengers and an average amount of baggage or parcels.

B. The rates shall be approved by the city council and shall be conspicuously posted or placed in each taxicab and in such a manner that such rates may be easily read from both the inside and the outside of each taxicab. The rates shall be headed with the word “RATES” in letters not less than one-half an inch in length, and the rest thereof shall be in letters not less than 12-point type, printed or painted on cards not less than four inches by six inches in size. No charge shall be made for traveling empty, whether going or returning. [Ord. 2001-23].

5.08.090 Identification of taxicabs.

Each taxicab shall be marked to adequately identify its owner. No vehicle covered by the terms of this chapter shall be licensed whose color scheme, identifying design, monogram or insignia to be used thereon shall, in the opinion of the city council, conflict with or imitate any color scheme, identifying design, monogram or insignia used on a vehicle or vehicles already operating under this chapter, in such a manner as to be misleading or tend to deceive or defraud the public. If after a license has been issued for a taxicab hereunder, the color scheme, identifying design, monogram or insignia thereof is changed so as to be, in the opinion of the city council, in conflict with or imitates any color scheme, identifying design, monogram or insignia used by any other person, owner or operator, in such a manner as to be misleading or tend to deceive the public, the license of or certificate covering such taxicab or taxicabs shall be suspended or revoked. [Ord. 2001-23].

5.08.100 Maintenance of vehicle – Equipment.

A. Vehicles Must Be Licensed. Prior to the operation of any vehicle under the provision of this chapter, such vehicle shall be thoroughly examined and proof of such examination by a certified mechanic shall be presented to the chief of police.

B. Periodic Inspections. Every vehicle operating under this chapter shall be inspected by a certified mechanic yearly to insure the continued maintenance of safe operating conditions.

C. Vehicles Must Be Kept in a Clean and Sanitary Condition. Every vehicle operating under this chapter shall be kept in a clean and sanitary condition. [Ord. 2001-23].

5.08.110 Taxicab or for-hire maintenance.

A. The police chief, or any member of the police department, may, at any time after displaying proper identification, enter any certified taxicab or for-hire vehicle to ascertain whether any of the provisions of this chapter are being violated.

B. Any taxicab found to be unsafe or in any way unsuitable for taxicab or for-hire vehicle service shall be ordered immediately out of service, and before again being placed in service shall be placed in a safe condition.

C. The interior of every taxicab shall be kept thoroughly clean at all times. [Ord. 2001-23].

5.08.120 Operating regulations.

A. Unless otherwise directed by the passenger, any taxicab driver employed to transport passengers to a definite point shall take the most direct route possible that will carry the passenger to his or her destination safely and expeditiously.

B. Every driver, if requested, shall give a correct receipt upon payment of the correct fare.

C. No person may refuse to pay the lawful taxicab fare as fixed in this chapter after employing or hiring the taxicab.

D. No person may operate a taxicab over public streets in search of soliciting prospective passengers for hire.

E. Whenever any taxicab is occupied by a passenger, the driver shall not permit any other person to occupy or ride in the taxicab except with consent of original passenger. [Ord. 2001-23].

5.08.130 Driver’s permit required.

No person may drive or operate any taxicab without first obtaining a driver’s permit from the city recorder. Each permit shall be valid for the remainder of the year issued expiring on June 30th of such period. [Ord. 2001-23].

5.08.140 Driver’s permit identification card.

The driver’s permit shall be in the form of a card which shall bear the signature, photograph and fingerprints of the applicant and expiration date of the permit. A copy of the fingerprints, application and photograph shall be placed on file with the police chief and the driver’s permit card shall be carried on the person of the permittee when he or she operates a taxicab. The driver shall be responsible for keeping the card in good condition and no driver may have a torn or illegible card. The driver’s permit is not transferable. [Ord. 2001-23].

5.08.150 Application form.

Each applicant for a driver’s permit shall file an application with the police chief which shall be verified under oath and provide the following information:

A. The name, age, sex, weight, height, color of eyes and hair of the applicant, his or her residence address and length of time he or she has resided there;

B. Whether the applicant was ever licensed or issued a permit as a taxicab or for-hire vehicle driver, and, if so, when, by what city and state and whether such license or permit has been revoked or suspended and, if so, the date of and reason for such revocation or suspension;

C. The name and address of the person by whom the applicant will be employed;

D. The number of times and places the applicant was arrested or convicted or both for traffic violations;

E. The experience of the applicant in driving motor vehicles;

F. Whether the applicant was ever convicted of a felony or misdemeanor giving particulars of each such conviction;

G. Fingerprints and photograph by the police department. The photograph shall be a full view face type and shall be a permanent print made from the negatives;

H. The names of three reputable persons who have known the applicant for one year or more immediately prior to such application. When possible such persons given as reference shall be residents of the city. [Ord. 2001-23].

5.08.160 Application fee.

Each applicant for a driver’s permit shall pay to the city recorder a fee of $5.00. A renewal fee at the expiration of each license period shall be paid to the city recorder. A copy of the receipt for fees paid shall be filed with the police chief. [Ord. 2001-23].

5.08.170 Consideration of application.

The police chief shall conduct an investigation of each applicant for a taxicab driver’s permit. A report of such investigation and a copy of the traffic and police record of the applicant shall be attached to the application for the consideration of the city administrator. The police chief, after consideration of the application and the reports and certificate required to be attached thereto, will submit his or her recommendation to the city administrator who shall approve or reject the application. If the application is rejected, the applicant may request a personal appearance before the city council to offer evidence in support of reconsideration of his or her application. [Ord. 2001-23].

5.08.180 Eligibility for permit.

No driver’s permit may be issued to:

A. A person under the age of 21 years;

B. A person who has been convicted of a crime involving moral turpitude or narcotics;

C. A person who has been convicted of a crime of driving a vehicle recklessly or driving while suspended within one year immediately preceding application for a permit;

D. A person who has been convicted of driving a vehicle while under the influence of intoxicating liquors within one year immediately preceding application for a permit;

E. A person not possessing a valid chauffeur’s license issued by the state of Oregon. [Ord. 2001-23].

5.08.190 Revocation or refusal of driver’s permits.

A. The city administrator may revoke or refuse to renew a driver’s permit if the driver or applicant since the granting of the permit has:

1. Been convicted of a felony or a crime involving moral turpitude; promoting prostitution; using, possessing, selling or transporting narcotics; or imparting information for obtaining narcotics;

2. Been convicted of driving recklessly or while under the influence of liquors or narcotics;

3. Had his or her state driver’s license or chauffeur’s license revoked or suspended;

4. Left the scene of an accident in which the taxicab was involved without first identifying himself or herself;

5. Failed to report an accident to the police department within 72 hours of the time of occurrence;

6. Been convicted of a third major traffic violation while operating a taxicab during any three-year period;

7. Misrepresented any material fact in his or her application for permit;

8. Violated any of the provisions of this chapter.

B. The city council may, after a hearing, revoke a driver’s permit if it finds the driver is unfit to operate a taxicab or for-hire vehicle or does not operate a taxicab or for-hire vehicle in the best interests of the public. [Ord. 2001-23].

5.08.200 Parking of taxicabs.

No owner, driver or operator of any taxicab may remain parked anywhere in the central business district while awaiting employment except in regularly established taxicab stands and except as follows:

A. Taxicabs may be parked in any municipal off-street parking facility except while awaiting employment.

B. Between the hours of 10:00 p.m. and 8:00 a.m. of the following day, taxicabs may stop, stand or park in any place where the parking of vehicles is otherwise permitted. [Ord. 2001-23].

5.08.210 Insurance.

No operator shall use any taxicab for hire unless the taxicab is insured in an insurance company licensed to conduct insurance business in the state of Oregon and insuring such owner or operator for liability for injury to persons for not less than $10,000 to any person and $20,000 in any single accident for injuries to persons and $5,000 for damage to property and arising out of negligence in the operation of such taxicab; a certificate of such insurance shall be filed with the recorder. The policy of insurance shall contain a provision against cancellation except upon 30 days’ prior written notice to the city council. [Ord. 2001-23].

5.08.220 Penalty for violations.

Any person violating any of the provisions of this chapter shall be deemed guilty of an unclassified misdemeanor and upon conviction of such violation shall be fined not to exceed $500.00. [Ord. 2001-23].

5.08.230 Appeal.

Any person aggrieved at any ruling or act of the recorder, chief of police or city administrator shall have the right of appeal to the city council under such appeal procedures as might be applicable, or if no such procedures are in effect, then such reasonable procedures as the council might specify. [Ord. 2001-23].