Chapter 5.37
NONMOTORIZED VEHICLES FOR HIRE
Sections:
5.37.030 License – Term – Nontransferability.
5.37.040 Licenses – Special use permits – Requirements.
5.37.050 Rates – Filing required.
5.37.060 Penalty for violation of chapter.
5.37.070 Business operation regulations.
5.37.080 Driver’s regulations.
5.37.090 City administrator requirements.
5.37.100 Stands – Establishment – Hearing.
5.37.110 Stands – Markings – License issuance.
5.37.120 License – Permit – Issuance – Fee.
5.37.130 License – Permit – Term.
5.37.140 License – Permit – Contents.
5.37.150 License – Permit – Revocation – Appeal – Hearing.
5.37.160 Bavarian costume – Theme required.
5.37.170 City not liable – Indemnity.
5.37.010 Definitions.
A “nonmotorized vehicle for hire” is any nonmotorized vehicle such as a horse-drawn carriage, pedi-cab, or surrey, used for the transportation of passengers for compensation upon the streets of Leavenworth available for use by the general public. An “animal” in this chapter refers to horses, ponies, mules, donkeys, or the like, used to draw a drawn carriage. A “surrey” in this chapter refers to a family/group bicycle available for rent to the general public. “Leavenworth’s downtown area” refers to the geographic area from State Highway SR2 south between Third Street and Fourteenth Street. [Ord. 1629 § 1 (Att. A), 2021; Ord. 1247 § 1, 2005.]
5.37.020 License – Required.
No nonmotorized vehicle for hire shall be operated upon the streets of Leavenworth without first obtaining a driver and vehicle license therefor. The number of such vehicle licenses shall be limited to not more than five per year, excluding horse-drawn carriages, which shall be regulated separately from other nonmotorized vehicles for hire, and limited to not more than two licenses per year. One license will be issued to each nonmotorized vehicle for hire company with the following exception: One company may apply for more than one license if all of the available licenses referred to above have not been issued; provided, however, that if a competing application is later filed, the company with more than one license must surrender the additional license or licenses for the benefit of the new applicant. The city council may issue a special use permit for additional nonmotorized vehicles for hire (in addition to the five licenses authorized above) that operate for special events originating outside the Leavenworth downtown area (see LMC 5.37.040). Companies holding a nonmotorized vehicle for hire license may also operate additional nonmotorized vehicles for hire under the provisions of LMC 5.37.040.
An applicant for a nonmotorized vehicle for hire license or special use permit under this chapter must submit:
A. Proof of ownership or licensee’s interest in the vehicle and animals.
B. The name and address of the owner of the vehicle.
C. The make, model, year of manufacture, color and identifying insignia, or number of the vehicle.
D. Proof of holding a current and valid Washington State driver’s license and no conviction of an offense involving moral turpitude, or of a felony relating to the fitness or ability to operate a for-hire vehicle within 10 years, or driving under the influence of intoxicants or drugs or reckless driving within five years.
E. A statement that licensee is not and has not, for the five years preceding, been addicted to the use of intoxicating liquor or drugs.
F. A certificate of public liability insurance, naming the city as an additional insured, in an amount of $2,000,000. Such policy shall provide a minimum of 30 days’ written notice to the city of the cancellation of the policy or change in the liability limits. The insurance liability limits herein shall be subject to automatic increase if the coverage required by state law is increased above $2,000,000 for state for-hire vehicle licenses.
G. For horse-drawn carriages, a plan for the proper disposal of manure and other debris related to the horse-drawn carriage operation and a plan for the proper cleaning and hygiene of all animals and apparatus. Licensee must provide the history of all animals to be used for horse-drawn carriages for the purpose of ascertaining whether there is any risk to public safety. The harness attachment for horse-drawn carriages shall be such so that the horse cannot break away from its harness or carriage. The operator shall ensure that all carriages have the suspension, pivoting axle, shaves, and tongue and harness trees secured to the carriage properly with safety measures taken to ensure that any key parts will not accidentally loosen. Horse-drawn carriage operators are responsible for providing adequate food, water, and rest for all animals.
H. All nonmotorized vehicles for hire shall be kept in a safe and sanitary condition at all times. The city administrator or his/her designee shall have the right, but not the obligation, to inspect nonmotorized vehicles for hire and other equipment for the purpose of ascertaining and causing to be corrected any unsafe or unsanitary condition or other violation of this chapter. [Ord. 1629 § 1 (Att. A), 2021; Ord. 1247 § 1, 2005.]
5.37.030 License – Term – Nontransferability.
The license issued shall be effective from July 1st to June 30th the following year and shall be renewed annually. Licensing and annual renewal fees are subject to the city’s current rate and fee schedule. Such license shall not be transferable. [Ord. 1629 § 1 (Att. A), 2021; Ord. 1247 § 1, 2005.]
5.37.040 Licenses – Special use permits – Requirements.
A. The city administrator, or designee, may issue special use permits for additional nonmotorized vehicles for hire in addition to those licensed under the provisions of LMC 5.37.020. These special use permits shall be for special events originating outside the Leavenworth downtown area, and for surreys as defined in subsection (B) of this section. Each special use permit shall require an annual fee of $150.00. All special use permittees shall adhere to all requirements set forth in this chapter and shall not solicit customers in the city’s downtown area. All nonmotorized vehicle licensees and special use permittees shall adhere to the following requirements in addition to any other requirements imposed by this chapter:
1. They must hold a current and valid city of Leavenworth business license.
2. They must submit a maintenance plan to the city for approval to ensure proper vehicle operation and public safety. All nonmotorized vehicles for hire and surreys for rent shall be kept in a safe and sanitary condition at all times. The city administrator or his/her designee shall have the right, but not the obligation, to inspect nonmotorized vehicles for hire, surreys for rent, and other equipment for the purpose of ascertaining and causing to be corrected any unsafe or unsanitary condition or other violation of this chapter.
3. No signage shall be placed on any nonmotorized vehicle for hire or surrey for rent until such time as the city adopts standards for vehicle signs.
4. The city may terminate any license or permit granted in the event the city council modifies by ordinance this chapter. In such event, any pre-paid license or permit fee shall be refunded on a pro rata basis.
B. Special use permits for surreys (nonmotorized vehicles for hire that operate without a professional driver) shall be subject to the following requirements in addition to all of the requirements for other licensees and special use permittees in subsection (A) of this section:
1. The main operator of the surrey, meaning the one person steering the vehicle, must be 18 years of age or older, possess a valid driver’s license, and enter into a rental agreement with the business renting the surrey.
2. The surrey must obey all traffic laws and be equipped with a map that designates the permitted streets upon which the surrey may operate in the city’s downtown area. These permitted streets include Front and Commercial Streets between Eighth and Thirteenth Streets. The surrey is not allowed to operate outside the geographical boundaries outlined above and shall avoid the state highway, hills, and areas of heavy traffic. [Ord. 1629 § 1 (Att. A), 2021; Ord. 1247 § 1, 2005.]
5.37.050 Rates – Filing required.
Any person owning, operating, or controlling any nonmotorized vehicle for hire shall file a proposed schedule of rates with the city. A licensee for a nonmotorized vehicle for hire must adhere to the following requirements:
A. Rates must be uniform for all nonmotorized vehicles for hire of the same company.
B. Before putting into effect any changes in rates, a licensee must file a new schedule with the city at least 15 days in advance of such change.
C. Licensees shall not illegally discriminate against any person or class of person.
D. Any separate rates for service charged by the licensee must clearly specify when and under what conditions the respective rates will apply.
E. The fare schedule shall be posted in a prominent place in every vehicle for hire.
F. Licensee must keep the license and all documents showing compliance with the requirements of this code available for inspection by the city administrator or his/her designee at the office address shown on the license. If the holder operates only one for-hire vehicle, the records may be kept on the holder’s person or with the vehicle, in which case they shall be available for inspection by a law enforcement officer or city official. Every licensee must keep the required records at least three years. [Ord. 1629 § 1 (Att. A), 2021; Ord. 1247 § 1, 2005.]
5.37.060 Penalty for violation of chapter.
It is a civil infraction for any person to violate or fail to comply with any of the provisions of this chapter and the violator shall pay a civil penalty of $250.00 for each violation. Each day a violation exists shall be considered a separate civil infraction. [Ord. 1629 § 1 (Att. A), 2021; Ord. 1247 § 1, 2005.]
5.37.070 Business operation regulations.
Every licensee has an affirmative and continuing obligation to ensure that:
A. All records, documents, and information required under this code be kept current and accurate.
B. No vehicle be operated by a driver under the influence of intoxicating liquor or drugs.
C. Neither the licensee nor any employee engages in any unfair method of competition or deceptive practice.
D. The animal, or animals, shall be treated in a safe and humane manner in accordance with all federal, state, and/or local laws and receive prompt veterinary care for any illness or injury.
E. All the design and signage of the nonmotorized vehicle for hire shall be consistent with the Old World Bavarian design theme and sign code. The following standards shall apply:
1. Signs shall be painted directly on the vehicle and shall be painted flush with the surface of the vehicle. Alternate to painting directly on the surface of the vehicle: signs may be painted on a plaque or signboard (one side only) and securely fastened to a surface on the vehicle. Projecting signs shall not be allowed.
2. The vehicle shall be allowed a maximum of two signs.
3. Signs shall contain only the name and phone number of the business for which the vehicle is currently licensed under this chapter. No advertising of other businesses shall be allowed.
4. The maximum sign area is as follows:
a. Pedi-cab/surrey/related vehicle: Signs are limited to a maximum of 1.5 square feet.
b. Horse-drawn carriage/related vehicle: Signs shall be limited to a maximum of three square feet.
5. Vehicles shall be painted in a color or color scheme which is established as an acceptable color(s) by majority vote of the Leavenworth design review board.
6. Murals are allowed; however, signs can be incorporated into murals only if the sign portion of the mural is consistent with the other requirements of this chapter, including, but not limited to, number, location, and area.
7. All signs shall be compliant with the design standards of LMC 14.10.060.
8. All murals shall be compliant with the design standards of LMC 14.08.040(H)(3).
9. All signs, vehicle colors, murals and related features shall be subject to the approval of the Leavenworth design review board.
10. Permit applications shall be submitted in accordance with submittal requirements of Chapters 14.08 and 14.10 LMC and other appropriate provisions of the Leavenworth Municipal Code. [Ord. 1629 § 1 (Att. A), 2021; Ord. 1261 § 1, 2005; Ord. 1247 § 1, 2005.]
5.37.080 Driver’s regulations.
It is a violation and grounds for suspension or revocation of a nonmotorized vehicle for hire license for any driver to:
A. Commit two or more traffic violations while driving a nonmotorized vehicle for hire during any 12-month period.
B. Be guilty of a felony involving moral turpitude.
C. Be guilty of reckless driving or driving offenses while driving a nonmotorized vehicle for hire involving the use of alcohol or drugs.
D. Fail to deliver to the sheriff’s office within 24 hours any property of value left in any nonmotorized vehicle for hire.
E. Allow a person to enter or alight from the vehicle while it is in motion or pick up or discharge a passenger at any place other than the curb or pavement edge.
F. Allow a passenger to consume intoxicating liquor or retain an open container of liquor or to consume or use controlled substances while in the nonmotorized vehicle for hire.
G. Pick up any additional passengers without the express consent of the original passenger.
H. Refuse to pick up as a passenger any person of proper deportment when the vehicle is available, or discriminate against any person because of race, religion, national origin, gender, marital status, age, or mental or sensory handicap.
I. Leave any animal unattended, whether tethered or untethered, within any area of the city.
J. Fail to use croup bags on all animals and promptly collect and properly dispose of manure or other debris related to the for-hire vehicle operation.
K. Solicit passengers in a loud or undisciplined tone of voice. [Ord. 1629 § 1 (Att. A), 2021; Ord. 1247 § 1, 2005.]
5.37.090 City administrator requirements.
Because of the relative lack of speed and maneuverability of many nonmotorized vehicles for hire, the city administrator, or his/her designee, may impose special requirements on the vehicle license, including prohibiting travel on certain streets in a congested district or high-traffic area and restricting the hours of operation on certain streets. Unless the vehicle is equipped with approved lighting, the city administrator or his/her designee may prohibit operation during hours of darkness or during times of low visibility. All nonmotorized vehicles for hire shall be equipped with signs and lights as required by state law.
Although nonmotorized vehicles for hire are subject to all traffic laws applicable to vehicles when operating on the public streets, including public street closures, the public works director must approve a specific route set forth in the application including places not normally accessible to motorized vehicles. [Ord. 1629 § 1 (Att. A), 2021; Ord. 1247 § 1, 2005.]
5.37.100 Stands – Establishment – Hearing.
The city council shall designate a portion of Front Street for the two exclusive horse-drawn carriage licensees. This portion of Front Street will be the area located adjacent to Front Street Park and specified by appropriate signage. The two exclusive horse-drawn carriage licensees may stand or park at this location while awaiting employment. Quarreling over position will not be tolerated and may result in a revocation of the license. The city council, upon petition therefor, shall consider a public hearing to determine the need for additional street designations for other vehicles for hire. The city council may, in its discretion, abolish such stands established pursuant to LMC 5.37.090. It is unlawful for the owners, operators, or drivers of any nonmotorized vehicle used in carrying passengers for hire to allow such vehicle, while not actually loading or unloading the same, to stand or park upon any street or sidewalk in the city except for the designated area for the two exclusive horse-drawn carriage licensees as outlined in this section. [Ord. 1629 § 1 (Att. A), 2021; Ord. 1247 § 1, 2005.]
5.37.110 Stands – Markings – License issuance.
Such designated stands shall be indicated by either signs or lines painted on the pavement or curb by and under the direction of the city administrator or his/her designee, who shall, upon application therefor, and with the consent of the city council, issue five permits per year to owners, operators, or drivers of nonmotorized vehicles for hire, allowing such vehicles, while awaiting employment to stand or park at one of the places so designated by the city council, and operate on city streets. Under no circumstances shall the operators of said vehicles park or operate on private property without prior written consent of the property owner. [Ord. 1629 § 1 (Att. A), 2021; Ord. 1247 § 1, 2005.]
5.37.120 License – Permit – Issuance – Fee.
A. No license shall be issued by the city administrator or his/her designee until the applicant has paid the required fee for the current year and unless the applicant has complied with all the laws of the state and the city relating to and governing the operation of such vehicles.
B. The license fee shall be due and payable on the first day of July on each year.
C. Any business commenced between July 1st and December 31st of any year shall pay the license fee or tax at the rate per the fee schedule.
D. Any business commenced between January 1st and June 30th of any year shall pay a license fee or tax at a rate equal to one-half of the rate per the fee schedule.
E. A temporary license valid for a period of six months only may be obtained by paying a license fee or tax at the rate of one-half of the rate per the fee schedule.
F. Payment of the annual license fee provided herein shall be subject to penalties per the city’s fee schedule if paid on or after July 31st of each year.
G. No license shall be issued by the city administrator or his/her designee until the applicant has paid the required fee for the current year and unless the applicant has complied with all the laws of the state and the city relating to and governing the operation of such vehicles.
H. Prior to receiving the license, the applicant shall provide to the city a certificate of public liability insurance, naming the city as an additional insured, in an amount of not less than $2,000,000 as outlined in LMC 5.37.020. [Ord. 1629 § 1 (Att. A), 2021; Ord. 1261 § 1, 2005; Ord. 1247 § 1, 2005.]
5.37.130 License – Permit – Term.
Each license or permit so issued shall continue in force for the period of one year from the date of issue unless revoked or the rights hereunder suspended as herein set forth. [Ord. 1629 § 1 (Att. A), 2021; Ord. 1247 § 1, 2005.]
5.37.140 License – Permit – Contents.
All licenses and permits issued shall contain the name and address of the person to whom the same is granted. [Ord. 1629 § 1 (Att. A), 2021; Ord. 1247 § 1, 2005.]
5.37.150 License – Permit – Revocation – Appeal – Hearing.
The city administrator or his/her designee may permanently revoke any license or permit, or suspend the same for good cause shown, subject to the right of appeal to the hearing examiner, in accordance with LMC 21.11.030. The term “good cause,” as used herein, means proof of carelessness, negligent or reckless driving, termination or reduction in the licensee’s liability insurance, or failure to comply with the terms of this chapter or other ordinances or laws pertaining to all for-hire vehicles. [Ord. 1629 § 1 (Att. A), 2021; Ord. 1247 § 1, 2005.]
5.37.160 Bavarian costume – Theme required.
All licensees and permittees must operate in a manner consistent with the city’s Old World Bavarian Alpine theme, including the use of Bavarian costume for drivers, employees, and vehicle/carriage color and design, all of which must be approved by the city’s community development department or design review board. All nonmotorized vehicles for hire and surreys for rent must always be in good painted/finished condition. Bavarian costume (“trachten” – composed of traditional and distinctive Dirndl or Lederhosen) shall be historic celebratory wear consistent with and defined by the Old World Bavarian Alpine Theme, from the Miesbacher or Berchtesgadener regions.
Women’s wear consists of a necklace (usually a velvet choker), white blouse (trachten blouse with short puffed sleeves), Mieder (bodice with buttons or lacing), skirt (full and falling below the knees or full length), apron (often skirt length or with lace trim), stockings (white, knee-height), and black leather shoes (with instep strap and small heel).
Men’s wear consists of a hat (Bavarian Wanderhut with Gamsbart or Auerhahn), white shirt (long-sleeved, button front with collar), Lederhosen (bib front breeches made of brown or black leather, either short or knee-length, with embroidered stitching and Hosenträger (suspenders with front cross-piece) with embroidered design), socks (white or light grey knee-height with colored banding at the top), and black leather shoes.
Variations of components (including jackets, shawls, petticoats, men’s vests, Wadenwärmer (half socks) and other items), color, and design details may be acceptable.
The city administrator or his/her designee may administratively approve Bavarian costume. At the discretion of the city, the applicant may be required to submit an application to the design review board for the approval of the Bavarian costume.
The following photo examples are included for reference:
[Ord. 1629 § 1 (Att. A), 2021; Ord. 1444 § 1 (Att. A), 2013; Ord. 1247 § 1, 2005.]
5.37.170 City not liable – Indemnity.
A. Neither the city nor its employees shall be liable for any claim, loss, injury, or damage to persons or property of whatever kind or nature caused in whole or in part by or arising directly or indirectly out of the issuance of any license hereunder, or the conduct or operation of any such nonmotorized vehicle for hire business.
B. Prior to the issuance of a license, the applicant shall execute and deliver to the city an agreement in writing to defend, indemnify, and hold harmless the city and its employees from any and all claims, actions, or damages of every kind and description which may accrue to, or be suffered by, any persons by reason of or related to the operation of such for-hire vehicle. Licensee shall notify the city within 15 days after it has been presented with any claim, suit, or action, or if any change should occur with licensee’s liability insurance coverage. [Ord. 1629 § 1 (Att. A), 2021; Ord. 1247 § 1, 2005.]