Chapter 5.24 FOR-HIRE VEHICLES

(1) “Convalescent coaches” means motor vehicles for hire designed for the transportation of handicapped persons who by reason of physical or mental infirmity may not be conveniently transported on public mass transportation vehicles or in taxicabs or who cannot drive their own automobile. The patients transported by such vehicles shall be limited to the following classes of patients:

(a) Patients transported by wheel chair must be able to get into the chair with the help of one person;

(b) Patients must be stable and able to take care of themselves;

(d) Litter patient may be transported if he meets requirements specified in subsections (1)(b) and (c) of this section.

(2) “For-hire vehicle” means and includes every motor vehicle used for the transportation of passengers for hire, and not operated exclusively over a fixed and defined route. This term shall also include motor vehicles designated as “taxicabs” and “convalescent coaches.”

(3) “Manifest” means a daily record prepared by a taxicab driver of all trips made by said driver showing time and place of origin, destination, number of passengers and the amount of the fare of each trip.

(4) “Person” includes an individual, a corporation or other legal entity, a partnership and any unincorporated association.

(5) “Rate card” means a card issued by the licensing specialist and/or designee for display in each taxicab which contains the rates of fare then in force.

(6) “Taxicab” means a for-hire vehicle operated to a destination determined by the passenger, with the fare based upon the amount recorded and indicated on a taximeter.

(7) “Taximeter” means a permanently mounted instrument or device by which the charge for hire of a taxicab is calculated either for distance traveled by the vehicle or for waiting, or for both, and upon which such charges shall be indicated by means of dollars and cents.

(8) “Waiting time” means the time when a vehicle for hire is not in motion from the time of acceptance of a passenger or passengers to the time of discharge, but does not include any time that the taxicab is not in motion if due to any cause other than the request, act or default of a passenger or passengers. (Ord. 2851 § 1, 2011; Ord. 1143 § 2, 1980).

5.24.020 For-hire business license required.

It is unlawful to operate any motor vehicle for hire, including taxicabs and convalescent coaches, over or upon or along any of the streets or alleys of the city without having procured a for-hire vehicle license from the licensing specialist and/or designee. The provisions of this chapter shall not apply to motor vehicles operated by any municipal or privately owned, licensed nonprofit transit system, or ambulances operated by, or on behalf of, any local municipality. (Ord. 2851 § 2, 2011; Ord. 1143 § 2, 1980).

5.24.030 For-hire vehicle business license application.

Applicants for for-hire vehicle licenses shall furnish the following information:

(1) Completed driver’s permit application in accordance with MMC 5.24.090 for each driver that will be driving for the business;

(2) The financial status of the applicant including the amounts of all unpaid judgments against the applicant and the nature of the transaction or acts giving rise to said judgments;

(3) The experience of the applicant in the transportation of passengers;

(4) Any facts which establish that public convenience and necessity require the granting of the license;

(5) The number of vehicles to be operated or controlled by the applicant and the location of proposed depots and terminals;

(6) Proposed rate card indicating the current rates to be charged to passengers;

(7) For each for-hire vehicle, the company vehicle number therefor, the make, model and identifying color scheme, monogram or insignia, and serial number of the vehicle;

(8) If the applicant is a corporation, it shall accompany the application with a list of the names and addresses of all officers, directors and stockholders;

(9) The criminal record for the past five years relating to crimes of moral turpitude and fraud, for each and every owner or manager of the business;

(10) Such further information as the licensing specialist and/or designee may require. (Ord. 2851 § 3, 2011; Ord. 1143 § 2, 1980).

5.24.040 Criminal record.

No for-hire vehicle license shall be issued if the applicant, owner or manager of the business has been convicted of a crime of moral turpitude, or one involving intent to defraud, within the preceding five years. (Ord. 1143 § 2, 1980).

5.24.050 Liability insurance.

(1) Every applicant shall file with the licensing specialist and/or designee proof of a current and subsisting policy or policies of public liability insurance, approved as to sufficiency by the licensing specialist and/or designee, and as to form by the city attorney, issued by an insurance company or companies authorized to do business in the state, providing liability insurance coverage for each and every vehicle for hire owned, operated and/or leased by the applicant. 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.

(2) 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. The policy shall be for the benefit of any and all judgment creditors. Each insurance policy required hereunder 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 licensing specialist and/or designee in the event of any change or cancellation. (Ord. 2851 § 4, 2011; Ord. 1143 § 2, 1980).

5.24.060 Issuance of for-hire vehicle business license.

The licensing specialist and/or designee shall issue a for-hire vehicle business license upon receipt of a completed business license application in accordance with MMC 5.24.030, a criminal record background check that demonstrates the criteria of MMC 5.24.040 have been met, satisfactory police department inspection, submission of proof of insurance in accordance with MMC 5.24.050, payment of the prescribed vehicle license fee, and compliance with all other applicable provisions of this chapter. (Ord. 2851 § 5, 2011; Ord. 1143 § 2, 1980).

5.24.070 License fees.

(1) The license fees are fixed in the amounts shown in the following schedule:

(a) For-hire vehicle business license: $165.00 per year for each business;

(b) Driver’s permit: $45.00 for initial permit and $35.00 for renewal of permit. To qualify for a renewal, the applicant must have been licensed the previous year without allowing the license to lapse for more than 20 days.

(2) All fees shall be payable annually in advance and no prorated fee shall be allowed. (Ord. 2851 § 6, 2011; Ord. 1556, 1987; Ord. 1482 § 1, 1986; Ord. 1143 § 2, 1980).

5.24.080 Driver’s permit – Required.

No person shall operate a motor vehicle for hire on the streets of the city and no person who owns or controls such vehicle for hire shall permit it to be so driven and no vehicle licensed by the city shall be so driven at any time for hire unless the driver of said vehicle shall have first obtained and shall have then in force a for-hire driver’s permit issued under the provisions of this chapter. (Ord. 1143 § 2, 1980).

5.24.090 Driver’s permit – Application.

An application for a for-hire driver’s permit shall be filed with the licensing specialist and/or designee on forms provided by the city. Such application shall be sworn to by the applicant and shall contain the following information:

(1) The experience of the applicant in the transportation of passengers;

(2) A concise history of his employment for the past five years;

(3) A picture of the applicant;

(4) Applicant for a for-hire vehicle driver’s license must submit to fingerprinting by the Marysville police department and shall submit a copy of the fingerprints in an envelope sealed by the Marysville police department with his/her application. The Marysville police department may charge fees for submission of fingerprints which will cover as nearly as practicable the direct and indirect costs to the Marysville police department of processing such submission as adopted by Washington State Patrol;

(5) Proof of the applicant’s current status as a licensed driver in the state of Washington;

(6) The applicant’s driving record for the past five years;

(7) The applicant’s criminal record for the past five years, relating to abuse of alcohol and/or controlled substances, crimes of moral turpitude, prostitution, gambling, dishonesty, physical violence and fraud;

(8) Name of for-hire vehicle business the applicant will be driving for. The business must have a city for-hire vehicle business license in good standing or have submitted as a new applicant for business license prior to applicant’s application or it will not be accepted. (Ord. 2994 § 1, 2015; Ord. 2851 § 7, 2011; Ord. 1143 § 2, 1980).

5.24.100 Issuance of driver’s permit.

(1) No driver’s permit shall be issued if the applicant has been convicted of a crime relating to the abuse of alcohol and/or controlled substances, or a crime of moral turpitude, prostitution, gambling, dishonesty, physical violence or fraud within the preceding five years.

(2) No driver’s permit shall be issued without approval of the chief of police or his/her designee.

(3) Upon finding that an applicant for a driver’s permit meets the requirements of this chapter, the licensing specialist and/or designee shall issue such a permit, which shall bear the name, address, signature and photograph of the applicant. Such a permit shall be in effect for the remainder of the calendar year and shall be subject to annual renewal. (Ord. 2851 § 8, 2011; Ord. 1143 § 2, 1980).

5.24.110 Driver’s permit – Display.

Every driver licensed under this chapter shall post his driver’s permit in such a place as to be in full view of all passengers while such driver is operating a vehicle for hire. (Ord. 1143 § 2, 1980).

5.24.120 Vehicle equipment.

Each vehicle for hire shall be equipped and maintained at all times by the operator thereof for safe and lawful operation and in accordance with the laws of the city and the state and shall be furnished with such equipment as the chief of police shall deem necessary for such safe operation. Any vehicle for hire may be inspected at any reasonable time by the chief of police or his representative. The chief of police shall, on application, and may periodically inspect each vehicle as to safety and cleanliness. (Ord. 1143 § 2, 1980).

5.24.130 Vehicle markings.

Each vehicle licensed shall have the word “taxicab,” “convalescent coach,” or other appropriate descriptive term painted in letters at least three inches high on both sides of the vehicle directly under the true or assumed name listed thereon. Each vehicle licensed shall have the company vehicle numbers painted on all four sides of the vehicle not less than four inches high. Words that might tend to deceive the public may not be used on any vehicle licensed under this chapter. No vehicle covered by the terms of this chapter shall be licensed which has a color scheme, identifying design, monogram or insignia design to imitate any color scheme or identifying design of any other operator in such a manner as to be misleading or deceiving to the public. (Ord. 1143 § 2, 1980).

5.24.140 Rate schedule.

Every person, firm or corporation operating a for-hire vehicle in the city shall file with the licensing specialist and/or designee the schedule of rates to be charged for the operation of their vehicle within the city limits. It is unlawful for any person, firm or corporation to make any other charges, either more or less, for the services rendered by such person, firm or corporation than as set forth in the rate schedule. Such person, firm or corporation shall further cause to be posted in every vehicle a card containing a schedule of the rates. The card shall be posted in a prominent place in the vehicle and the chief of police shall have the power in his discretion to designate the place of posting in the vehicle and the size of the card; provided, that the filed rates shall not be changed until the proposed changes in rates are filed with the licensing specialist and/or designee for a period of 30 days. (Ord. 2851 § 9, 2011; Ord. 1143 § 2, 1980).

5.24.150 Call record required – Inspection.

For-hire vehicle businesses shall keep at their business offices a chronological record showing each call for service which is ordered or made, and the name of the driver who responded thereto, the number of the vehicle, the time and place of the origin and of the end of each vehicle trip, and the fee charged, and shall upon request of any person paying a vehicle charge, furnish a receipt showing such information. Such records shall at all reasonable times be open to the inspection of the licensing specialist and/or designee or chief of police or the agents of either. (Ord. 2851 § 10, 2011; Ord. 1143 § 2, 1980).

5.24.160 Direct route required.

Any driver of a vehicle for hire employed to carry passengers to a definite point shall take the most direct route possible that will carry the passengers safely and expeditiously to their destination. (Ord. 1143 § 2, 1980).

5.24.170 Receipts.

The driver of any vehicle for hire shall upon demand by the passenger render to such passenger a receipt of the amount charged, either by a mechanically printed receipt or by a specially prepared receipt on which shall be the name of the owner, license number or motor number, amount of charge and date of transaction. (Ord. 1143 § 2, 1980).

5.24.180 Fraud or refusal to pay fare.

It is unlawful for any person to refuse to pay the legal fare of any of the vehicles mentioned in this chapter after having hired the same and it is unlawful for any person to hire any vehicle herein defined with intent to defraud the person from whom it is hired of the value of such service. (Ord. 1143 § 2, 1980).

5.24.190 Loading and discharging passengers.

Drivers of for-hire vehicles shall not receive or discharge passengers in the roadway, but shall pull up to the right-hand sidewalk as nearly as possible or in the absence of a sidewalk, to the extreme right-hand side of the road and there receive or discharge passengers, except on one-way streets where passengers may be discharged on the right or left-hand sidewalk, or the side of the roadway in the absence of a sidewalk. (Ord. 1143 § 2, 1980).

5.24.200 Parking restriction.

No person or business entity holding a for-hire vehicle license shall allow, cause or permit more than two for-hire vehicles owned or controlled by it to be parked, unmanned, on the public streets of the city at any given time. (Ord. 1143 § 2, 1980).

5.24.210 Number of passengers restricted.

No driver shall permit more persons to be carried in a vehicle for hire as passengers than the rated seating capacity of his vehicle as stated in the license for said vehicle. (Ord. 2851 § 11, 2011; Ord. 1143 § 2, 1980).

5.24.220 Prohibited acts of drivers.

It is unlawful for any driver of a for-hire vehicle to engage in selling intoxicating liquor or controlled substances, or to solicit business for any house of ill repute, or use his vehicle for any purpose other than the transporting of passengers. (Ord. 1143 § 2, 1980).

5.24.230 Public service requirements.

All persons engaged in the vehicle for hire business in the city operating under the provisions of this chapter shall render an overall service to the public desiring to use their vehicles for hire. Holders of licenses shall maintain a place of business and keep the same open for 24 hours a day for the purpose of receiving calls and dispatching vehicles. They shall answer all calls received by them for services inside the corporate limits of the city as soon as they can do so, and if said services cannot be rendered within a reasonable time, they shall then notify the prospective passengers how long it will be before the said call can be answered and give the reason therefor. (Ord. 1143 § 2, 1980).

5.24.240 Suspension or revocation of license.

The hearing examiner may revoke or suspend any vehicle for hire driver’s license or any driver’s permit on the following grounds:

(1) A driver’s conviction in any court of reckless driving, driving while under the influence of intoxicating liquor and/or controlled substance, or a judicial finding that a driver is a habitual traffic offender;

(2) A conviction of a driver, or an owner, operator or manager of a for-hire vehicle business, of a crime of moral turpitude or one involving intent to defraud;

(3) The charging of passengers more than the maximum fares provided for herein;

(4) The failure or refusal to provide overall service to the public, without cause. (Ord. 2851 § 12, 2011; Ord. 1143 § 2, 1980).

5.24.250 Violation – Penalty.

Any person willfully violating any provision of this chapter shall be guilty of a misdemeanor and shall be punished by a fine not to exceed $500.00 or by imprisonment in jail for not more than six months, or by both such fine and imprisonment. Each day in which the violation continues shall constitute a separate offense. (Ord. 1143 § 2, 1980).