Chapter 5.08
TAXICABS
Sections:
5.08.010 Business and vehicle license required.
5.08.050 Issuance of vehicle license.
5.08.090 Right to refuse employment, carry more than one fare, and require advance fare.
5.08.110 Taximeter, requirements, vehicle condition, and trip log.
5.08.120 Inspection of for-hire vehicles.
5.08.130 For-hire vehicle driver’s license.
5.08.140 Qualifications for for-hire vehicle driver’s license.
5.08.150 Application for for-hire vehicle driver’s license.
5.08.160 Issuance of for-hire vehicle driver’s license.
5.08.170 For-hire vehicle driver’s license fee.
5.08.180 Suspension and revocation of driver’s license.
5.08.010 Business and vehicle license required.
It shall be unlawful for any person to hold out, advertise, solicit, operate, drive, or use any vehicle as a for-hire vehicle in the city without having first obtained directly from the city the licenses required pursuant to the provisions of this chapter, and the separate business license through the Business Licensing Service as provided in chapter 5.04 BMC. (Ord. 1874, 2019; Ord. 1620 § 1, 2007).
5.08.020 Purpose – Immunity.
It is expressly the purpose of this chapter to provide for and promote the safety and welfare of the general public and not to create or designate any particular class of persons who will or should 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. (Ord. 1874, 2019; Ord. 1620 § 1, 2007).
5.08.030 Definitions.
For the purposes of this chapter, words and phrases used herein shall mean as follows:
“Driver” and “operator” means the person physically engaged in driving a for-hire vehicle, whether or not said person is the owner of or has any financial interest in the ownership of said vehicle.
“For-hire vehicle” means a taxicab or sight-seeing car.
“Sight-seeing car” or “charter bus” means every motor vehicle held for public hire as a common carrier, used primarily for sight-seeing purposes and generally over a fixed route for a stipulated consideration per trip.
“Taxicab” means every motor vehicle held for public hire as a common carrier, usually for transportation of individuals, subject to call by the public generally and not operating over a fixed route or between fixed termini.
“Taxicab stand” means that portion of any street set aside and designated exclusively as parking or standing space to be occupied by for-hire vehicles.
“Unrestricted license” means a license that is not intermediate under RCW 46.20.075, or a permit, or has restrictions that are court mandated placed on the holder of that license. (Ord. 1874, 2019; Ord. 1620 § 1, 2007).
5.08.040 License fees.
The license fees under this chapter are hereby fixed in an amount determined by resolution of the city council for the following activities:
A. Application fee (first time for each driver);
B. Renewal for following year;
C. Taxicab company every year;
D. Owners of cab company as driver.
There are currently no owner or vehicle transfer fees. (Ord. 1874, 2019; Ord. 1688 § 1, 2009; Ord. 1620 § 1, 2007).
5.08.050 Issuance of vehicle license.
The finance department shall issue a vehicle license upon satisfactory police department inspection, compliance with the insurance requirements of this chapter, and payment of the prescribed vehicle license fee. (Ord. 1874, 2019; Ord. 1620 § 1, 2007).
5.08.060 Term of license.
All licenses shall expire on December 31st of the year of issue, but may be reissued for succeeding years to the same licensee and for the same motor vehicle when the requirements of this chapter are otherwise met, and may, subject to the requirements of this chapter, be reissued to the same licensee for a substitute vehicle.
A. It is unlawful for an owner of a taxicab or for-hire vehicle business to operate a vehicle to convey passengers for compensation without a current and valid vehicle license.
B. It is unlawful for a driver of a taxicab or for-hire vehicle to convey passengers for compensation without a current and valid vehicle license. (Ord. 1874, 2019; Ord. 1620 § 1, 2007).
5.08.070 License application.
Applications for licenses for taxicabs shall be made in the name of the owner or owners thereof upon forms to be furnished by the city and shall give full information concerning the ownership, number, and classification of each motor vehicle to be operated, the name, fictitious or otherwise, under which the applicant will operate, the distinguishing color scheme, design, or dress, including any monogram or insignia to be used upon each such motor vehicle. If the owner of said vehicle shall be a firm, partnership, or association, or if there be more than one owner, full information shall be furnished as to the natural persons having an interest therein and the extent of such interest in such firm, partnership, or association. The applicant shall furnish such other information as may be required by the finance director as deemed necessary to aid in the enforcement of this chapter.
The chief of police shall make or cause to be made an investigation, including any hearing deemed desirable, as to the fitness of an applicant to conduct the business requested, and in connection therewith may investigate the fitness of the officers and stockholders of any corporation making such application. In determining the fitness or lack of fitness of an applicant, the chief of police shall take into consideration the applicant’s record and reputation as to the applicant being law-abiding, the applicant’s business experience, and the nature and kind of occupation or business in which the applicant has previously been engaged. In considering applications for renewal of licenses, the finance director may take into consideration the manner in which an applicant has previously conducted his, her, or its business. If any person having a valid license shall make a timely application for its renewal and the finance director shall not have acted upon such application prior to its expiration, such person may operate under his or her license for the year immediately preceding until the finance director shall have acted upon the application and notified him or her of his action. (Ord. 1874, 2019; Ord. 1620 § 1, 2007).
5.08.080 Identification.
For-hire vehicles used for charter services and also licensed taxicabs under the provisions of this chapter shall not be required to be painted an identifying color scheme or to be lettered except as herein otherwise provided; however, there shall be attached in a conspicuous place on each side of such vehicles, whenever they are used as taxicabs, a detachable panel, painted in the same color scheme authorized for the licensee’s taxicabs and showing the trade name of the licensee in letters at least two inches in height. Every other for-hire vehicle licensed under the provisions of this chapter shall be painted with the colors and in the manner set forth in the license application for said vehicle; provided, that such color scheme can be changed only after a supplemental application is filed with the city setting forth the same in detail; provided further, that such color scheme is not the same or similar to a color scheme being used by another licensee. (Ord. 1874, 2019; Ord. 1620 § 1, 2007).
5.08.090 Right to refuse employment, carry more than one fare, and require advance fare.
Every driver of a taxicab shall have the right to demand payment of the legal fare in advance and may refuse employment unless it be prepaid, but no driver of a taxicab shall otherwise refuse or neglect to convey any orderly person or persons upon request anywhere in the city unless previously engaged or unable to do so. No driver of a taxicab shall carry any other person other than the passenger first employing the taxicab without the consent of such passenger. (Ord. 1874, 2019; Ord. 1620 § 1, 2007).
5.08.100 Taximeter required.
No taxicab shall be licensed unless there is installed therein a taximeter capable of calculating the rates for hire hereafter set forth, and no for-hire vehicle shall be licensed unless the same is in a safe condition for use as such, nor until there is furnished proof of compliance with the provisions of chapter 46.72 RCW, et seq., as now or hereafter amended, relating to financial responsibility. (Ord. 1874, 2019; Ord. 1620 § 1, 2007).
5.08.110 Taximeter, requirements, vehicle condition, and trip log.
A. Every taxicab shall have affixed thereto a taximeter of standard size and design. The taximeter must be registered with the Weights and Measures Program of the Washington State Department of Agriculture as required under chapter 19.94 RCW.
B. No person shall use or permit to be used upon any taxicab a taximeter which shall be in such condition as to be over five percent incorrect. For the purpose of checking the accuracy of said taximeter, the taxicab to which the same is fixed shall be made available to the city at such times as the finance director may direct.
C. No person shall use or permit to be used or drive for hire a taxicab equipped with a taximeter the case of which is unsealed and not having its cover and gear intact.
D. It shall be unlawful for any person owning, operating or driving a taxicab to operate or drive such taxicab unless such taximeter is used in determining the fare to be charged, and no other or different fare shall be charged to the passenger than is recorded on the reading face of said taximeter for the trip. No other rates or methods of measuring the distance or time charged shall be allowed except as herein provided. (Ord. 1874, 2019; Ord. 1620 § 1, 2007).
5.08.120 Inspection of for-hire vehicles.
The police department shall maintain constant vigilance over all for-hire vehicles to see that they are kept in a condition of continued fitness for public use, and to this end its officers and inspectors shall inspect all for-hire vehicles on the complaint of any citizen, or from time to time, as it may deem necessary or convenient.
A. Each vehicle to be used in conveying passengers shall be inspected and approved by the police department. Inspection shall include:
1. Confirmation of current state vehicle license and registration.
2. Proof of liability insurance as required by this chapter.
3. Confirmation that each vehicle is equipped in accordance with state law and city ordinances and that all required equipment is in good working order.
4. Taxicabs shall be checked for an accurate taximeter; other vehicles are not subject to this requirement. It is unlawful for an owner or driver to operate a taxicab with an inaccurate taximeter. Violation shall constitute a misdemeanor as provided in BMC 1.24.020.
5. A schedule of fare rates shall be posted so it can be clearly read by passengers.
6. Any additional inspection regulations promulgated by the police department. These regulations shall be reasonable and necessary to promote the health, safety, and welfare of the general public. The items to be inspected shall be listed on a form to be provided by the police department.
B. Upon satisfactory inspection, the police department shall notify the finance department of vehicle approval.
C. Vehicles shall be inspected at least once a year at a time and place scheduled with the police department.
D. Any additional or replacement vehicles must be inspected before being used as a taxicab or for-hire vehicle.
E. It is unlawful for an owner or driver to operate a taxicab or for-hire vehicle without a current, valid, inspection. Violation shall constitute a misdemeanor as provided in BMC 1.24.020.
F. It is the responsibility of the owner to maintain all taxicabs or for-hire vehicles in compliance with the requirements of RCW Title 46, WAC Titles 204 and 308, and municipal vehicle ordinances at all times.
G. Vehicles are subject to inspection by the police department upon verified complaint of a citizen, or on a police officer’s reasonable suspicion of violation of any state or municipal traffic or vehicle equipment law.
H. Failure to comply with state vehicle requirements of RCW Title 46, WAC Titles 204 and 308, and municipal vehicle ordinance requirements is cause for a vehicle to be suspended from use until compliance is met. To prove compliance, the vehicle must be reinspected by the police department. (Ord. 1874, 2019; Ord. 1620 § 1, 2007).
5.08.130 For-hire vehicle driver’s license.
It shall be unlawful for any person to drive, operate, or use any vehicle as a for-hire vehicle unless such person is the holder of a valid for-hire vehicle driver’s license issued to him in accordance with the provisions of this chapter. (Ord. 1874, 2019; Ord. 1620 § 1, 2007).
5.08.140 Qualifications for for-hire vehicle driver’s license.
No for-hire vehicle driver’s license shall be issued to any person unless said person shall:
A. Possess an unrestricted valid Washington State driver’s license for a period of no less than three years;
B. Be able to speak, read, and write the English language;
C. Be not addicted to the use of intoxicating liquors or narcotics;
D. Not have been convicted of an offense involving moral turpitude, nor within a period of one year prior to his or her application for a taxicab driver’s license have been convicted of the offense of driving while under the influence of or affected by the use of intoxicating liquors or narcotics, or the offense of reckless driving. (Ord. 1874, 2019; Ord. 1620 § 1, 2007).
5.08.150 Application for for-hire vehicle driver’s license.
Each applicant for a for-hire vehicle driver’s license shall fill out in detail an application form provided by the city, which shall answer each of the requirements set forth in BMC 5.08.140 and, in addition thereto, shall state the applicant’s full name; place of residence at the time of application and for a period of two years prior thereto; age; color; height; color of eyes; hair; place of birth; length of time a resident of the city; whether a citizen or non-citizen; last place of employment; whether he or she has been convicted of a felony or misdemeanor; whether he or she has been previously licensed as a driver and if so, when and where; and whether such license has ever been suspended or revoked and for what cause. Said application shall be signed and sworn to by the applicant and filed with the city as a permanent record and shall contain the names and addresses of four persons, not relatives, who have known the applicant for at least two years last past. Each applicant shall present to the finance director satisfactory evidence of his or her fitness and ability to operate a for-hire vehicle. (Ord. 1874, 2019; Ord. 1620 § 1, 2007).
5.08.160 Issuance of for-hire vehicle driver’s license.
The chief of police shall review the applicant’s request and application for a for-hire vehicle driver’s license and shall investigate the statements contained therein and obtain such other information as he deems necessary concerning the applicant’s character, integrity, personal habits, past conduct, and general qualifications, as well as show the applicant’s ability and skill as a driver of a for-hire vehicle and whether the applicant is a suitable person to drive such for-hire vehicle. If the chief of police determines that the for-hire vehicle driver’s license should be issued or renewed, there shall be issued to the applicant a license which shall be in such form as to contain the photograph and signature of the licensee. For-hire vehicle driver’s licenses shall be issued for the calendar year. If the chief of police determines that a for-hire vehicle driver’s license should not be issued or renewed, he shall notify the applicant and the finance director thereof in writing, setting forth the reasons for such rejection. Any applicant whose for-hire vehicle driver’s license is rejected may appeal to the city administrator, who may exercise his or her discretion in granting or renewing such license. (Ord. 1874, 2019; Ord. 1620 § 1, 2007).
5.08.170 For-hire vehicle driver’s license fee.
The fee for a for-hire vehicle driver’s license shall be in an amount determined by resolution of the city council for the following activities: first year for which said license is issued and per annum for renewals of such license. (Ord. 1874, 2019; Ord. 1688 § 2, 2009; Ord. 1620 § 1, 2007).
5.08.180 Suspension and revocation of driver’s license.
Any driver’s license issued pursuant to the provisions of this chapter shall be automatically suspended for a period of 90 days on the first conviction of the holder thereof of any of the following misdemeanors: driving while under the influence of intoxicating liquor or reckless driving; violation of any law involving the manufacture, sale, or transportation of intoxicating liquors; or violation of any law involving prostitution, indecent exposure, or any lewd or immoral acts. On the second conviction of one or more of these offenses, such license shall be automatically revoked for a period of six months. Any driver’s license issued pursuant to the provisions of this chapter shall be automatically revoked for a period of six months on the conviction of any felony or the violation of any law involving the sale, use, distribution, manufacture, or transportation of narcotics. (Ord. 1874, 2019; Ord. 1620 § 1, 2007).
5.08.190 Liability insurance.
A. Prior to the issuance of any taxicab or for-hire vehicle license, every applicant shall file with the finance department the policy or policies of public liability insurance, approved as to sufficiency by the finance department, issued by an insurance company or companies indemnity for or protection to the city, as well as providing public authorization to do business in the state of Washington, providing liability insurance coverage for each and every taxicab or for-hire vehicle owned, operated and/or leased by the applicant, for injury to or death of persons, passengers, or otherwise, in accidents resulting from any cause by which the owner of the vehicle would be liable on account of any liability imposed upon him by law, regardless of whether the taxicab or for-hire vehicle was being driven by the owner or his agent. Such insurance shall be in the sum of $100,000 for the injury or death of one person, or $300,000 for the injury or death of more than one person in any one accident, and $50,000 for property damage.
B. Every such policy of insurance shall continue to the full amount thereof notwithstanding any recovery thereon and shall provide that the liability of the insurer shall not be affected by the insolvency or bankruptcy of the insured. Each insurance policy required under this section shall extend for the period covered by the license applied for and the insurer shall be obliged to give not less than 10 days’ written notice to the finance department in the event of change or cancellation. (Ord. 1874, 2019; Ord. 1620 § 1, 2007).
5.08.200 Enforcement.
Any police officer may enforce the provisions of this chapter against any person found to be violating the same. Failure to produce a license shall constitute probable cause for enforcement action. (Ord. 1874, 2019; Ord. 1620 § 1, 2007).