Chapter 11.40
VEHICLES FOR HIRE

Sections:

11.40.010    Definitions.

11.40.020    Master taxicab license.

11.40.030    License application.

11.40.040    License fee.

11.40.050    For-hire driver’s license required.

11.40.060    For-hire driver’s license qualifications.

11.40.070    For-hire driver’s license application investigation.

11.40.080    For-hire driver’s license fee.

11.40.090    Licenses expiration and renewal.

11.40.100    Display of licenses and state permits.

11.40.110    Trip sheets.

11.40.120    Direct route of travel.

11.40.130    Vehicle inspection and insurance.

11.40.140    License suspension and revocation.

11.40.150    Violation and penalty.

Prior legislation: Ords. 731, 841, 887 and 1240.

11.40.010 Definitions.

A.    “For-hire driver” means any person in charge of or driving a taxicab carrying passengers or baggage for hire, as herein defined; provided, however, that the provisions of this chapter shall not apply to drivers of motor vehicles used in interstate commerce nor to drivers of motor vehicles operated by any public or private transit system.

B.    “Motor vehicle” means every self-propelled vehicle by or upon which any person may be transported or carried upon a public street, highway or alley; provided, however, the provisions of this chapter shall not apply to vehicles used exclusively upon stationary tracks, rails or propelled by the use of overhead electric wires, or hotel or motel keepers conveying their guests to and from hotels or motels free of charge or reward and used exclusively for that purpose only.

C.    “Taxicab” is synonymous with the term “for-hire vehicle” and means and includes every motor vehicle used for the transportation of passengers for hire not operated exclusively over a fixed and definite route, and which is under the control of the person or persons transported therein. The term includes any motor vehicle operating for compensation either wholly within the city of Centralia to or from a point outside the city of Centralia. (Ord. 1749 § 1 (part), 1992).

11.40.020 Master taxicab license.

No person, firm, partnership or corporation shall operate a taxicab business within the corporate limits of the city of Centralia without first obtaining a master taxicab license from the city of Centralia. (Ord. 1749 § 1 (part), 1992).

11.40.030 License application.

Applicants for a master taxicab license shall make application therefor to the city clerk of the city of Centralia in writing on such form as shall be approved by the city clerk. The master taxicab license shall be issued by the city clerk after approval of the issuance thereof by the chief of police. The city clerk shall collect all license fees and shall issue licenses in the name of the city to all persons qualified under the provisions of this chapter and shall:

A.    Adopt all forms and prescribe the information required to implement this chapter;

B.    Submit all applications to the appropriate department heads for their endorsements as to compliance with all city regulations which they have the duty of enforcing;

C.    Notify any applicant of the acceptance or rejection of his application and shall, upon denial of any license state in writing the reasons therefor, the process for appeal and deliver them to the applicant;

D.    Deny any application for license upon written findings that the granting would be detrimental to the public peace, health or welfare, or the proposed taxicab business and location would be in violation of building, zoning or fire codes:

1.    Whenever any such license is denied, the applicant may within fifteen days from date of action, file written notice of appeal to the city council. Action of the city council shall be conclusive and not subject to review.

2.    When the issuance is denied and any action is instituted by the applicant to compel its issuance, such applicant shall not engage in the taxicab business unless a license is issued pursuant to a judgment ordering the same. (Ord. 1749 § 1 (part), 1992).

11.40.040 License fee.

The fee for a master taxicab license shall be seventy-five dollars, which shall be paid at the time of issuance of a master taxicab license and annually thereafter commencing on the first day of January of each calendar year. (Ord. 1749 § 1 (part), 1992).

11.40.050 For-hire driver’s license required.

No person, firm, partnership or corporation owning, controlling or engaged in a taxicab business shall employ as the driver of any taxicab or permit any taxicab to be operated by a driver who does not have in his possession a valid and subsisting for-hire driver’s license issued by the city of Centralia. (Ord. 1749 § 1 (part), 1992).

11.40.060 For-hire driver’s license qualifications.

Each applicant for a for-hire driver’s license must possess the following qualifications:

A.    The applicant must be at least twenty-one years of age;

B.    The applicant must possess a valid Washington driver’s license with all state required endorsements;

C.    The applicant must have no more than three traffic infraction violations and/or criminal traffic convictions within the three-year period immediately preceding the issuance of a for-hire driver’s license;

D.    The applicant shall have no convictions for any alcohol or controlled substance offense and no addiction to the use of any alcohol or controlled substance;

E.    The applicant shall have no conviction of any offense involving moral turpitude or intent to defraud. (Ord. 1749 § 1 (part), 1992).

11.40.070 For-hire driver’s license application investigation.

When an application for a for-hire driver’s license has been received by the city clerk, the chief of police shall investigate the statements contained therein and may obtain such other information concerning the applicant’s character, integrity, personal habits, past conduct and general qualifications as will show the applicant’s ability and skill as a driver of a taxicab, and his honesty, integrity and character for the purpose of determining whether the applicant is a suitable person to drive a taxicab within the corporate limits of the city of Centralia. All applications for for-hire driver’s licenses shall become null and void after sixty days from the date of filing of such application if the applicant for any reason fails or neglects to obtain a license.

A.    Whenever any such license is denied the applicant may within fifteen days from date of action, file written notice of appeal to the city council. Action of the city council shall be conclusive and not subject to review.

B.    When the issuance is denied and any action is instituted by the applicant to compel its issuance, such applicant shall not operate a for-hire vehicle unless a license is issued pursuant to a judgment ordering the same. (Ord. 1749 § 1 (part), 1992).

11.40.080 For-hire driver’s license fee.

All applicants for a for-hire driver’s license shall pay a for-hire driver’s license fee of twenty-five dollars at the time of issuance of a for-hire driver’s license to such applicant to be renewed on an annual basis commencing on the first day of January of each calendar year. (Ord. 1749 § 1 (part), 1992).

11.40.090 Licenses expiration and renewal.

All licenses issued under this chapter shall expire on the thirty-first day of December of each calendar year. Such licenses may be renewed upon the application of the license holder for the next succeeding year making application therefor with the city clerk at least thirty days prior to the expiration date. (Ord. 1749 § 1 (part), 1992).

11.40.100 Display of licenses and state permits.

Every owner or operator of a taxicab in the city of Centralia shall at all times carry in such vehicle permits issued by the Washington State Department of Licensing showing such vehicle to be properly bonded for the protection of the public and also the licenses and permits issued pursuant to this chapter. (Ord. 1749 § 1 (part), 1992).

11.40.110 Trip sheets.

A.    Every person owning or operating a taxicab licensed by the city of Centralia shall keep an accurate daily record on a trip sheet, the form and size to be determined and approved by the city clerk, for each shift such equipment is operated. All daily trip sheets shall be kept on file for a period of three years at the address for which the master taxicab license is issued, unless otherwise specified or directed by the city clerk. All daily trip sheets shall be open for inspection by the city clerk or chief of police at any time either while carried in the taxicab or at the address of the licensee. It is unlawful for any person to fail to make available any trip sheet for inspection upon request by the city clerk or chief of police. The following information shall be contained on each trip sheet:

1.    The driver’s name, as licensed, and for-hire driver’s license number;

2.    The driver’s residence address and telephone number;

3.    The name of the vehicle’s owner and vehicle number;

4.    The date, time and place of origin and dismissal of each trip;

5.    The fare paid;

6.    The number of passengers paying or not paying and any other items for which a charge was or was not made;

7.    The beginning and ending speedometer mileage of the vehicle for each shift worked;

8.    The beginning and ending time for each shift worked.

B.    The driver of any taxicab shall, on request of any passenger paying him a fare for any trip, issue a receipt showing such information for the trip. Failure to keep an accurate daily trip sheet or the withholding of a trip sheet or fare moneys collected by a for-hire driver from his employer or his duly authorized agent shall be grounds for suspension or revocation of his for-hire driver’s license. (Ord. 1749 § 1 (part), 1992).

11.40.120 Direct route of travel.

Any driver of a taxicab employed to carry passengers to a definite point shall take the most direct route possible that will carry the passenger safely and expeditiously to the passenger’s destination. (Ord. 1749 § 1 (part), 1992).

11.40.130 Vehicle inspection and insurance.

Every master taxicab licensee shall, before commencing operation, file with the city clerk a certificate of inspection showing all vehicles licensed pursuant to this chapter to have been inspected by a reliable automotive concern approved by the chief of police and to be certified as “street legal” (meeting all state requirements regarding equipment and condition) by the automotive concern. Annually thereafter the vehicle must be reexamined by a reliable automotive concern and recertified as to being street legal pursuant to the terms and conditions of this chapter. In addition, every master taxicab licensee shall, before commencing operation, file with the city clerk a liability and property damage insurance policy issued by an insurance company authorized to transact business in the state of Washington providing for property damage insurance in a sum of not less than one hundred thousand dollars and for personal liability insurance in a sum of not less than three hundred thousand dollars for the injury of one person or for injuries resulting from any one accident. In addition to the inspections provided herein, 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 for determination as to whether the vehicle is in compliance with this chapter. (Ord. 1749 § 1 (part), 1992).

11.40.140 License suspension and revocation.

The city clerk and the chief of police are authorized and directed to enforce the terms and provisions of this chapter. If it is determined that any licensee has violated or failed to comply with any provision of this chapter, the city clerk or chief of police shall make a written record of such findings, specifying therein the particulars of any such violation, and thereupon the license of any such driver may be suspended or revoked for a period to be fixed by the city clerk and chief of police, in which event the license shall be surrendered to the city clerk. In the event of revocation of a license, such license shall be canceled, and in the event of a suspension, the license shall be returned to the licensee after expiration of the period of suspension. Any revocation or suspension of a license for violation of any of the provisions of this chapter shall be in addition to penalties otherwise provided for in this chapter. Any applicant for a license hereunder who shall be denied the issuance of a license, or any licensee whose license is revoked or suspended by the city clerk or chief of police shall have the right to appeal the denial of a license or the revocation or suspension of a license to the city council of the city of Centralia by filing with the city clerk a written notice of appeal within ten days after the determination of denial of the issuance of a license or the determination of a revocation or suspension of a license. The notice of appeal shall specify an address at which the licensee may be given notice of hearing on the appeal. After the filing of such appeal, the city clerk shall set a time and place, not more than thirty days from such notice of appeal, for hearing thereon. At the hearing, the licensee shall be entitled to appear in person and be represented by counsel and offer such evidence pertinent and material to the denial of the issuance of a license or the revocation or suspension of a license. Upon filing notice of appeal, the city clerk and chief of police shall immediately submit to the city council such records, data, reports and information as they have in their possession supporting the denial of the issuance of a license or an order of suspension or revocation. Immediately after such hearing, the city council shall determine whether the denial, revocation or suspension shall be sustained and its action in that respect shall be final and conclusive in all respects. From the time of filing the written notice of appeal by the licensee until the hearing and action thereon by the city council, any order of the city clerk or chief of police relative to a suspension or revocation shall be stayed. (Ord. 1749 § 1 (part), 1992).

11.40.150 Violation and penalty.

Any person violating or failing to comply with any of the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine in a sum not to exceed one thousand dollars or by imprisonment for a period not exceeding thirty days, or by both such fine and imprisonment. (Ord. 1749 § 1 (part), 1992).