Chapter 5.21
TAXICAB AND FOR HIRE VEHICLE LICENSE
Sections:
5.21.030 Business license required.
5.21.040 Taxicab and for hire vehicle license required.
5.21.050 License requirements and fitness standards.
5.21.070 Application – Contents.
5.21.080 Application fees and renewals.
5.21.090 Police investigation.
5.21.110 Subsequent taxicab driver application, fees, investigation, and results.
5.21.010 Purpose – Immunity.
It is expressly the purpose of this chapter to provide for and promote the safety and welfare of the general public. 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. 1936 § 1 (Exh. A), 2021; Ord. 1848 § 2, 2018).
5.21.020 Definitions.
For the purpose of this chapter, the following definitions shall apply:
(1) “Compensation” means any payment received by the driver of a vehicle for transportation of passengers, including, but not limited to, fares, salary, wages, gratuities, or donations.
(2) “Director” means the Oak Harbor finance director or designee.
(3) “Driver” means a person who drives a taxicab or for hire vehicle being used to convey passengers for compensation.
(4) “For hire vehicle” means a vehicle used for the transportation of passengers for compensation, except auto stages, school buses operating exclusively under a contract to a school district, ride sharing vehicles, transportation network company vehicles, and public transportation benefit area vehicles operated pursuant to Chapter 36.57A RCW.
(5) “Owner” means the legal entity, person, firm, association or corporation owning, managing or otherwise carrying on a business of conveying passengers for hire in taxicabs or for hire vehicles.
(6) “Taxicab” means a taxicab or 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) “Taxicab driver” means an individual who is the endorsement holder of the taxicab or for hire vehicle approved pursuant to this chapter, or his/her employee, regardless of the person’s internal revenue status for income tax purposes.
(8) “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. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1848 § 2, 2018).
5.21.030 Business license required.
It is unlawful for an owner to engage in or carry on any taxicab or for hire vehicle business without first procuring a business license as provided in Chapter 5.01 OHMC. Taxicab drivers are permitted to operate in the city under their affiliated license holder’s business license issued under this chapter. Business licenses are not issued to taxicab drivers affiliated with an individual or entity licensed under this chapter. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1848 § 2, 2018).
5.21.040 Taxicab and for hire vehicle license required.
It is a violation of this chapter for any person to operate a taxicab or for hire vehicle in the city of Oak Harbor without a current and valid city of Oak Harbor taxicab and for hire vehicle license. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1848 § 2, 2018).
5.21.050 License requirements and fitness standards.
All license applicants must meet the following minimum conditions in subsections (1) through (3) of this section.
(1) Maintain the following:
(a) Current state vehicle license and registration;
(b) State-issued business license endorsed for the for hire business permit, for hire vehicle certificate, and taximeter; and
(c) Insurance requirements as per Chapter 46.72 RCW, and for all vehicles providing service under this chapter as required by OHMC 5.21.060.
(2) Confirm under penalty of perjury of the laws of the state of Washington that each vehicle providing service pursuant to this chapter complies with the following:
(a) Is in compliance with Chapter 46.72 RCW, Title 204 WAC, and Chapter 308-89 WAC, and Oak Harbor municipal vehicle ordinances at all times;
(b) Is equipped with an operable and accurate taximeter; and
(c) Displays a schedule of fare rates so it can be clearly read by passengers.
(3) Fitness Standards. No person may receive a taxicab or for hire vehicle license if the person has been convicted of assault within the last 10 years, a felony in the last seven years, a gross misdemeanor in the last five years, or who has ever been convicted of sexual offenses as defined under state law or an offense which is similar to those as defined in Chapter 9A.44 RCW. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1848 § 2, 2018).
5.21.060 Insurance required.
(1) Prior to the issuance of any taxicab or for hire vehicle license, every applicant must 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 authorized to do business in the state of Washington, providing indemnity for or protection to the city, as well as providing public 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.
(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. 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. 1936 § 1 (Exh. A), 2021; Ord. 1848 § 2, 2018).
5.21.070 Application – Contents.
Applicants for a taxicab or for hire vehicle license must file a complete application with the finance department and shall include the following:
(1) Identification of the business, as for issuance of a business license under Chapter 5.01 OHMC;
(2) List of all drivers operating vehicles controlled by the applicant;
(3) Copies of all required state for hire vehicle licensing requirement documentation; and
(4) Conformation of compliance with fitness standards in OHMC 5.21.050. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1848 § 2, 2018).
5.21.080 Application fees and renewals.
(1) Application. Upon submission of the application, the applicant must pay the nonrefundable application fee in full per the master fee schedule adopted by resolution of the city council.
(a) If the applicant is approved, the application fee serves as the first-year license fee.
(b) The application fee includes the cost of local records and WATCH criminal background checks.
(c) Incomplete applications will not be accepted.
(2) Annual Renewals.
(a) Process. Taxicab or for hire vehicle endorsement renewals will be processed pursuant to OHMC 5.01.110(2).
(b) Fees. Taxicab or for hire vehicle license renewal fees must be paid in full per the master fee schedule adopted by resolution of the city council.
(c) Other Requirements. Any other information or documentation as required by the Oak Harbor police department. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1848 § 2, 2018).
5.21.090 Police investigation.
(1) Upon receipt of a completed application for a taxicab or for hire vehicle license, a copy of the original must be referred to the police department for investigation of the applicant.
(2) The investigation must include review of any felony, misdemeanor, and traffic convictions which have occurred in the last 10 years by conducting local records and Washington Access to Criminal History (WATCH) background checks. The investigation must also list any discrepancies which may prevent the approval of the taxicab applicant, including but not limited to unsatisfactory criminal history of felony, misdemeanor, or traffic convictions that are directly related to fitness for a taxicab or for hire vehicle license.
(3) The police department must forward its findings to the director as soon as reasonably possible. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1848 § 2, 2018).
5.21.100 Issuance or denial.
The director shall issue or deny the endorsement based on the review of the police department findings. In the event of a denial, the director shall notify the applicant of the denial and the procedures for appeal pursuant to Chapter 1.24 OHMC. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1848 § 2, 2018).
5.21.110 Subsequent taxicab driver application, fees, investigation, and results.
(1) Taxicab Driver Application and Fees. When an existing taxicab or for hire vehicle license holder hires a taxicab driver to provide services under this chapter, the proposed taxicab driver must submit a complete taxicab driver application to the finance department. The application must include the following:
(a) Applicant’s name, date of birth, and social security number;
(b) Driver license number;
(c) Contact phone number;
(d) All aliases used, including maiden name(s), if applicable;
(e) Associated taxicab or for hire vehicle license holder and company name; and
(f) Pay the nonrefundable application fees to cover administrative costs and the WATCH and local background checks at the time of the application submittal. These fees are per the master fee schedule adopted by resolution of the city council.
(2) Investigation. The finance department will forward the completed taxi driver application to the police department and the police department will conduct a review of the application. The review will include a local records and Washington Access to Criminal History (WATCH) background check under all names and aliases provided on the application. Upon completion of the investigation of the applicant, the police department must forward its findings to the director. The police department findings must include any discrepancies which may prevent the approval of the applicant including, but not limited to, unsatisfactory criminal history of felony, misdemeanor, or traffic convictions that are directly related to fitness for a taxicab or for hire vehicle license per OHMC 5.21.050(3).
(3) Approval. The director has the authority to approve or deny the driver application. If the application is denied, the director must provide an explanation of such denial. Approval of any taxicab driver application under this section does not vest any license privileges provided under this chapter to any taxicab driver hired by the license holder.
(4) Results Sent to the Taxicab Driver Applicant. The director will send a copy of the police department findings to the applicant and approve or deny the application. It is the responsibility of the license holder to obtain the results from the taxicab driver.
(5) License Holder Obligations. The license holder is obligated to ensure all employees providing services subject to this chapter maintain the same fitness to drive a taxicab pursuant to the standards in OHMC 5.21.050(3). A knowing violation of this subsection may result in revocation of the taxicab or for hire vehicle license. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1848 § 2, 2018).
5.21.120 Revocation.
A taxicab or for hire vehicle license may be revoked by the director, subject to appeal. Licenses may only be revoked for good cause including, but not limited to:
(1) Fraud, misrepresentation, or false statement contained in the application for license;
(2) Any felony, misdemeanor or traffic conviction directly related to fitness to drive a taxicab;
(3) Conviction of a felony, gross misdemeanor, assault or sexual offense as defined under state law or an offense which is similar to those defined in Chapter 9A.44 RCW; or
(4) Any violations of the provisions of this chapter. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1848 § 2, 2018).
5.21.130 Appeals.
Any person aggrieved by the denial or revocation of a taxicab and for hire vehicle license may file a notice of appeal with the city administrator. The appeal under this section will be governed by Chapter 1.24 OHMC. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1848 § 2, 2018).
5.21.140 Enforcement.
The director shall have the administrative authority to implement and enforce this chapter. The director may adopt rules and regulations for its administration not inconsistent with this chapter. This provision shall not be construed to abrogate or limit the jurisdiction of the Oak Harbor police department to enforce any provisions of this chapter or of any other city ordinance relating to motor vehicles or the operation of taxicabs or for hire vehicles. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1848 § 2, 2018).
5.21.150 Violations.
Violations of this chapter shall constitute a Class 1 civil infraction and shall be governed by the procedures of Chapter 1.28 OHMC. (Ord. 1936 § 1 (Exh. A), 2021; Ord. 1848 § 2, 2018).