Chapter 5.16 TAXICABS

In construing the provisions of this chapter, except when otherwise declared, apparent or clearly appearing from the context of the passage or section, the following definitions shall apply:

A. “Driver” or “operator” means the person physically engaged in driving a taxicab, whether or not said person is the owner of or has any financial interest in the ownership of said vehicles.

B. “Person” means any individual, firm, partnership, company, corporation, association, receiver, assignee, trustee in bankruptcy, trust, estate, joint venture, club, joint stock company, business trust, society or any group of individuals acting as a unit, whether acting by themselves or whether acting by or through a servant, agent or employee.

C. “Taxicab” means every motor vehicle used for the transportation of passengers for hire, not operated exclusively over fixed and definite ground and having a seating capacity of seven passengers or less. (Ord. 99-12 § 1, 1999; Ord. 93-1 § 1, 1993)

5.16.020 Taxicab license required.

A. Every person who, by means of any taxicab, carries any person within the corporate limits of the city for hire, shall acquire a taxicab license for each taxicab operated within the city.

B. No license shall be issued under this section until the applicant has procured all licenses or permits required by the laws of the state of Washington for the operation of such taxicab and has executed any bonds required by law for such business.

C. The licensing of taxicabs and the licensing of drivers as provided herein shall be under the supervision and control of the police department. The city clerk shall be responsible for issuing all taxicab licenses, subject to the approval and recommendation of the police department. (Ord. 17-17 § 3, 2017; Ord. 99-12 § 1, 1999; Ord. 93-1 § 1, 1993)

5.16.030 Taxicab license fees.

Each applicant for a taxicab license shall pay a license fee of $50.00 for the first taxicab to be licensed and an additional $25.00 for each additional taxicab to be licensed. Taxicab licenses shall not be transferable from one taxicab to another or from one owner to another, except following the sale of the business and then only after the city has been notified by the new owner of such sale and all provisions of this chapter are otherwise met. Beginning January 1, 2018, on January 1st of each year, the city will increase the taxicab license fee by 100 percent of the U.S. Consumer Price Index of Urban Wage Earners and Clerical Workers (CPI-W) August to August statistics for the West Urban Region for the preceding 12 months, rounded up to the nearest whole dollar. (Ord. 17-13 § 5, 2017; Ord. 99-12 § 1, 1999; Ord. 93-1 § 1, 1993)

5.16.040 Taxicab license – Application.

A. Each taxicab license issued by the city shall be for the calendar year, or remainder thereof, and shall expire on December 31st of the year of issue, unless suspended or revoked as provided herein. Taxicab licenses may be renewed and reissued for succeeding years to the same licensee and for the same taxicab(s).

B. Applications for taxicab licenses shall be made in the name of the owner or owners thereof upon forms furnished by the city clerk.

C. Each applicant shall furnish such other information as may be required by the city clerk to aid in the enforcement of this chapter.

D. If the police department verifies or determines that an applicant has safe and reliable taxicabs, and that any driver employed or to be employed by the applicant has not been convicted of driving while intoxicated, reckless or negligent driving, hit and run attended or hit and run unattended or any related driving offenses within the past five years, and the applicant has otherwise complied with all the requirements of this chapter, the police department may recommend the taxicab license application be approved.

E. If the police department determines the applicant does not have safe and reliable vehicles as required by EWMC 5.16.090 or that any driver employed or to be employed by the applicant has been convicted of any of the offenses listed in subsection D of this section, or that the applicant has not otherwise complied with all the requirements of this chapter, the police department may recommend the taxicab license application be denied.

F. In the event the police department recommends denial of a taxicab license application, the city clerk shall notify the applicant, by letter, of such recommendation. The applicant shall have 15 days from the date of transmittal of said letter within which to file, with the city clerk, a request for an appeal hearing before the city council.

G. In the event the applicant timely files such a request for an appeal hearing with the city clerk, the council shall fix a date for the hearing, and the city clerk shall notify the applicant of the time and date thereof. At such hearing, the applicant may be represented by counsel.

H. If following the appeal hearing, the council decides the applicant has met all the requirements of this chapter, the council shall authorize the city clerk to issue the applicant a taxicab license. If the council decides the applicant has not met all the requirements of this chapter, the council shall deny the applicant’s appeal. The city council’s decision is final and binding and shall not be subject to any further appeal. (Ord. 99-12 § 1, 1999; Ord. 93-1 § 1, 1993)

5.16.050 Grounds for revocation.

All taxicab licenses issued shall be subject to revocation by the city council in the manner and procedure set forth in EWMC 5.16.040 if the holder thereof or any person employed by such licensee in the operation of any taxicab:

A. Violates any of the ordinances of the city or the laws of the state by the use or operation of any such taxicab;

B. Acts in any manner which, in the city’s sole judgment, is a threat or otherwise could constitute a threat to the public safety, health or welfare of the citizens of the city. (Ord. 99-12 § 1, 1999; Ord. 93-1 § 1, 1993)

5.16.060 General qualifications.

Deleted by Ord. 99-12. (Ord. 93-1 § 1, 1993)

5.16.070 Bond and insurance required.

A. Each applicant for a taxicab license shall be required to procure and keep in force liability and property damage insurance covering passengers, as well as other persons. Property damage insurance on each taxicab operated, or to be operated within the city shall be in an amount of at least $25,000 for each occurrence and bodily injury liability insurance shall be in an amount of at least $100,000 on each person and $300,000 for each occurrence.

B. In the event the city issues the applicant a taxicab license, such licensee shall maintain and keep in force such bodily injury liability and property damage insurance on each taxicab while used under such license, and failure to do so shall be cause for revocation of such license.

C. The applicant shall file a certificate from its insurance company or authorized agent from such insurance company with the city clerk, together with a copy of the applicant’s bodily injury liability and property damage insurance which states the amount of insurance carried by the applicant/licensee.

D. The applicant shall require that its insurance company notify the city clerk if any policy issued hereunder is suspended, revoked or otherwise canceled. (Ord. 99-12 § 1, 1999; Ord. 93-1 § 1, 1993)

5.16.080 Taximeter requirements.

Deleted by Ord. 99-12. (Ord. 93-1 § 1, 1993)

5.16.090 Condition of vehicles and equipment.

Every taxicab and any equipment therein shall be maintained in a satisfactory and safe working condition. (Ord. 99-12 § 1, 1999; Ord. 93-1 § 1, 1993)

5.16.100 Trip log.

Deleted by Ord. 99-12. (Ord. 93-1 § 1, 1993)

5.16.110 Rates.

Deleted by Ord. 99-12. (Ord. 93-1 § 1, 1993)

5.16.120 Posting of schedule of fares.

Deleted by Ord. 99-12. (Ord. 93-1 § 1, 1993)

5.16.130 Driver’s license.

It is unlawful for any person to drive, operate or use any vehicle as a taxicab unless such person is the holder of a valid taxicab driver’s license issued to him/her in accordance with the laws of the state of Washington and the provisions of this chapter. (Ord. 99-12 § 1, 1999; Ord. 93-1 § 1, 1993)

5.16.140 Qualifications for driver’s license.

No taxicab driver’s license shall be issued to any person unless said person:

A. Is 21 years or over;

B. Is physically and mentally able to operate a taxicab and has eyesight correctable to 20-20;

C. Is able to speak, read and write; and

D. Does not have a felony conviction within the past five years, and has not been convicted of an offense of reckless or negligent driving, driving while under the influence, hit and run attended or unattended or any other related driving offense within the past five years. (Ord. 99-12 § 1, 1999; Ord. 96-3 § 1, 1996; Ord. 93-1 § 1, 1993)

5.16.150 Application for driver’s license.

Each applicant of a taxicab driver’s license shall fill out, in detail, an application form provided by the city clerk which shall answer each of the requirements set forth in EWMC 5.16.140 and, in addition thereto, shall state the applicant’s full name, date of birth, name as it appears on the driver’s license, driver’s license number, place of residence at the time of application and state of Washington driver’s license number and expiration date.

Said application shall be signed and sworn to by the applicant and filed with the city clerk as a permanent record. (Ord. 99-12 § 1, 1999; Ord. 93-1 § 1, 1993)

5.16.160 Fingerprints and photographs of applicants.

Every applicant for taxicab driver’s license must submit to fingerprinting by the police department and shall submit with his/her application three full face photographs, suitable for a passport photo, of the applicant. Said photographs shall become a part of the applicant’s license, if issued. (Ord. 99-12 § 1, 1999; Ord. 93-1 § 1, 1993)

5.16.170 Issuance of driver’s license.

A. The police department shall review the applicant’s application for a driver’s license and shall investigate the statements contained therein and obtain such other information as the department deems necessary concerning the applicant’s general qualifications, which demonstrate the applicant’s ability and skill to drive a taxicab.

B. If the police department determines that the applicant should be issued a taxicab driver’s license or renewal thereof, the city clerk shall issue the applicant a license which shall be in such form as to contain the photograph and signature of the licensee.

C. The taxicab driver’s license shall be issued for the calendar year.

D. If the police department determines that a taxicab driver’s license should not be issued or renewed, the department shall notify the city clerk who shall notify the applicant, in writing, of the reason(s) for such rejection.

E. Any applicant whose driver’s license is rejected shall have 15 days from the date of transmittal of said letter within which to file, with the city clerk, a request for an appeal hearing before the city council.

F. If the applicant timely files such a request with the city clerk, the council shall fix a date and time for a hearing, and the city clerk shall notify the applicant of the time and date thereof. At such hearing, the applicant may be represented by counsel.

G. If following such hearing, the council decides the applicant is qualified to drive a taxicab based on the criteria set out in EWMC 5.16.140 and the applicant has otherwise complied with all other requirements of this chapter, the council shall authorize the city clerk to issue the applicant a taxicab driver’s license. The city council’s decision is final and binding and shall not be subject to any further appeal. (Ord. 99-12 § 1, 1999; Ord. 96-3 § 2, 1996; Ord. 93-1 § 1, 1993)

5.16.180 Form of driver’s license.

The taxicab driver’s license shall be in the form as determined by the city clerk, and shall be contained under a sealed transparent cover, in such manner that the contents cannot be altered or substituted. The license shall contain a physical description of the licensee, his/her signature, the words “Taxicab Driver’s License, City of East Wenatchee,” the number of the license, the name of the licensee and the date of expiration thereof. Each taxicab driver shall display, in a conspicuous place inside each taxicab, which is clearly visible, at all times, from the passenger compartment, his/her picture, accompanied with a physical description of the driver and the driver’s license number and first name. (Ord. 99-12 § 1, 1999; Ord. 93-1 § 1, 1993)

5.16.190 Driver’s license expiration and renewal.

All taxicab driver’s licenses shall expire on December 31st of the year in which the license is issued, and unless revoked or under suspension at the date of expiration, such license may be renewed annually thereafter by the city clerk, after verification that the applicant has not been convicted of any felonies or driving offenses as set forth in EWMC 5.16.140(D). Upon expiration of the license and any renewals thereof, a new license shall be required, which only shall be issued upon submitting a new application. New photographs shall be required annually. Failure to renew timely will result in a penalty of 20 percent of the annual fee. (Ord. 99-12 § 1, 1999; Ord. 93-1 § 1, 1993)

5.16.200 Driver’s license fees.

The license fee for a driver’s license shall be $37.00 for the first year for the initial license and any renewals thereof. Driver’s licenses shall not be transferable. The fee for reissuance of damaged or lost licenses shall be $5.00. (Ord. 17-13 § 5, 2017; Ord. 99-12 § 1, 1999; Ord. 93-1 § 1, 1993)

5.16.210 Suspension and revocation of driver’s license.

Licenses issued pursuant to the provisions of this chapter may be revoked or suspended by the police department in the event the department determines that the licensee has violated or permitted any of his/her agents or employees to violate any of the provisions of this chapter or whenever it is determined that the licensee is, or has become, such a person as would cause the police department to refuse issuance of a license initially as set forth in this chapter.

Any taxicab driver’s license issued pursuant to the provisions of this chapter shall be automatically revoked for a period of one year upon the first conviction of the holder thereof of any felony or any of the following misdemeanors: driving while under the influence, reckless or negligent driving, hit and run attended or unattended or any related driving offenses.

A licensee may appeal from such revocation or suspension to the city council by filing a written appeal with the city clerk within 15 days after said revocation or suspension becomes effective. Upon the timely filing of a request for such appeal, the council shall fix a time and place for the hearing of said appeal. The city clerk shall notify the licensee of the time and place of hearing. At the hearing on said revocation, the licensee shall have the right to appear and defend the charges and to be represented by counsel. The action of the city council shall be final and binding and not appealable. (Ord. 99-12 § 1, 1999; Ord. 93-1 § 1, 1993)

5.16.220 Driver’s rights and restrictions.

A. Every driver of a taxicab shall have the right to demand proof of ability to pay and may refuse employment if such proof is not provided.

B. Drivers may refuse to convey any disorderly person, or individuals with a history of prior disorderly conduct in a taxicab; provided, however, no driver of a taxicab shall otherwise refuse to convey any orderly persons or persons upon request anywhere in the city unless previously engaged or unable to do so.

C. No driver of a taxicab shall carry any other person than the passenger first employing the taxicab without the prior consent of such passenger. (Ord. 99-12 § 1, 1999; Ord. 93-1 § 1, 1993)

5.16.230 Driver’s requirements.

Deleted by Ord. 99-12. (Ord. 93-1 § 1, 1993)

5.16.240 Penalty – Jurisdiction.

Any person who shall violate any of the provisions of this chapter shall be deemed guilty of a civil infraction and upon conviction thereof, in the East Wenatchee municipal court shall be punished by a fine of not more than $250.00. (Ord. 99-12 § 1, 1999; Ord. 93-1 § 1, 1993)