Chapter 5.28
TAXICABS
Sections:
Article I. DEFINITIONS
Article II. PERMITS
5.28.040 Investigation of applicant.
5.28.060 Notification of denial.
5.28.100 Nontransferable when.
5.28.110 Fee for transfer application.
Article III. FARES AND ENFORCEMENT
Article I. DEFINITIONS
5.28.010 Definitions.
As used in this chapter, the following words have the following meanings:
A. “Person” means and includes natural persons of either sex, firms, corporations, partnerships, and associations, whether acting by themselves, by servant, agent or employee.
B. “Taxicab” or “for-hire car” means and includes all vehicles used for the transportation of passengers for compensation, except auto stages, school buses operating exclusively under contract to a school district, ride-sharing vehicles under Chapter 46.74 RCW, limousine carriers licensed under Chapter 46.72A RCW, vehicles used by nonprofit transportation providers for elderly or handicapped persons and their attendants under Chapter 81.66 RCW, vehicles used by auto transportation companies licensed under Chapter 81.68 RCW, vehicles used to provide courtesy transportation at no charge to and from parking lots, hotels, and rental offices, and vehicles used by charter party carriers of passengers and excursion service carriers licensed under Chapter 81.70 RCW.
C. The singular number includes the plural and the masculine pronoun includes the feminine and the neuter. (Ord. 2005-02 § 1, 2005: Ord. 89-20 § 1, 1989; Ord. 127 § 1, 1945)
Article II. PERMITS
5.28.020 Required.
It is unlawful to engage in the business of operating any taxicab, or for-hire car, without first securing a permit so to do, to be obtained from the city clerk in the manner set out in this article. (Ord. 127 § 2 (part), 1945)
5.28.030 Application.
Any person of good moral character and reputation as a law abiding citizen may apply for a taxicab permit. The applicant, upon blanks provided for that purpose by the city clerk, shall furnish full information concerning the ownership, number and classification of the motor vehicle to be operated; the name, fictitious or otherwise, under which the applicant intends to operate. The applicant shall furnish such other information as may be required by the city clerk which he deems necessary to aid in the enforcement of this chapter. (Ord. 127 § 2 (part), 1945)
5.28.040 Investigation of applicant.
Upon filing an application, the city clerk shall refer it to the chief of police, who, with the assistance and aid of any officer he may choose, shall make a full and complete investigation into all matters relating to the application and into the character and past record of the applicant and such investigation shall include all available information pertaining to the application. (Ord. 127 § 2 (part), 1945)
5.28.050 Grant or denial.
The chief of police shall, not more than ten days following receipt of the application for investigation, report his findings to the city clerk and recommend approval of the permit if the applicant has complied with all state and local laws pertaining to such business. The city clerk shall issue the permit after receipt of such recommendation. The chief of police shall recommend that a license be denied if the applicant has not complied with all state and local laws pertaining to the business, failed to comply with the provisions of this chapter or included a material misstatement of fact on the application form. The city clerk shall deny the permit following receipt of such recommendation. (Ord. 88-04 § 1, 1988: Ord. 127 § 2 (part), 1945)
5.28.060 Notification of denial.
In the event the application is denied, the applicant shall be promptly notified of the denial and the reason therefore, and he may, within ten days, appeal by written notice filed with the city clerk that he is dissatisfied and desires to be heard. The city council shall then fix a date of hearing and shall give the applicant at least seven days’ written notice thereof. (Ord. 127 § 2 (part), 1945)
5.28.070 Hearing on denial.
At the hearing the city council shall reexamine the report of the chief of police, and hear any and all evidence relating to the facts and circumstances surrounding the application. Upon the conclusion of the hearing, the city council shall by resolution either grant or deny the application. The decision of the city council shall be final. (Ord. 127 § 2 (part), 1945)
5.28.080 Fee.
Each application for permit and renewal of the permit under this section shall be accompanied by a fee as set forth in Section 3.12.040(I). (Ord. 2003-16 § 16 (part), 2003: Ord. 127 § 11, 1945)
5.28.090 Insurance coverage.
No permit shall be issued under this article, nor shall any motor vehicle regulated by this chapter be operated in the city unless there is at all times in full force and effect, insurance coverage, issued by an insurance company licensed to do business in the state of Washington for each and every vehicle to be operated under the permit, which provides for public liability insurance in the amounts of one hundred thousand dollars for personal injuries to one person, or three hundred thousand dollars for more than one person, arising out of each accident or occurrence, and property damage insurance in the amount of twenty-five thousand dollars for each accident or occurrence. Evidence of insurance policies for the full term of the permit shall be submitted to the city clerk at the time of application for a permit. Such evidence shall be a certificate from the permittee’s insurance company that the insurance exists and that it will not be cancelled without thirty days’ written notice of cancellation previously given to the city clerk. (Ord. 84-5 § 1, 1984: Ord. 127 § 12, 1945)
5.28.100 Nontransferable when.
Permits issued under this chapter are not transferable, except in the case of a bona fide sale of the business of the owner or operator of the motor vehicle or motor vehicles to which the permit pertains. Any bona fide purchaser who desires to have a taxicab permit transferred shall make application to the city clerk on forms supplied by the clerk for that purpose. Applications for transfer shall be processed in the same manner as provided in Section 5.28.050 for initial application. (Ord. 88-30 § 1, 1988: Ord. 127 § 2 (part), 1945)
5.28.110 Fee for transfer application.
Application for transfer of permit shall be accompanied by a transfer fee for each vehicle as set forth in Section 3.12.040(I), which fee is imposed and shall be held in trust by the finance director, and if the transfer is authorized by the city clerk, the fee shall be placed in the general fund; otherwise, it shall be refunded to the applicant. (Ord. 2003-16 § 16 (part), 2003: Ord. 96-30 § 9, 1996: Ord. 127 § 2 (part), 1945)
5.28.120 Term.
All permits expire December 31st following the date of issue, but may be reissued for succeeding years to the same permit holder and for the same motor vehicle when the requirements of this article are otherwise met. (Ord. 2009-08 § 1, 2009: Ord. 127 § 2 (part), 1945)
ARTICLE III. FARES AND ENFORCEMENT
5.28.190 Schedule of fares.
Every person holding a permit to operate taxicabs in the city of Poulsbo shall, before commencing to operate the cabs upon the public streets, file with the city clerk a schedule of taxicab fares to be charged to all districts within the city of Poulsbo and certified by the permit holder. The schedule may be amended or changed from time to time by the permit holder. It is unlawful for the operator of any taxicab to charge in excess of the schedule of fares on file in the office of the city clerk. Every taxicab operated upon the streets of the city of Poulsbo shall have displayed, in plain view of the passengers riding in the cab, the schedule of fares, with schedule to be in large letters and clearly visible. (Ord. 96-30 § 15, 1996: Ord. 127 § 10, 1945)
5.28.200 Violation—Penalty.
A. Any person and the officers, directors, managing agents or partners of any corporation, firm, partnership or other organization or business violating or failing to comply with any of the provisions of this chapter shall have committed a civil infraction and, upon a determination by the Poulsbo municipal court that such infraction has been committed, shall pay a civil monetary penalty to the city of a sum not to exceed two hundred dollars. In addition, each and every day during any portion of which a violation of any provision of this chapter is committed, continued or permitted constitutes a separate infraction. Penalties collected pursuant to this section shall be deposited in the city’s general fund to be used for general purposes of the city.
B. In addition to the penalties provided in this section, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a public nuisance and all remedies given by law for the prevention and abatement of nuisances shall apply thereto.
C. Any person deemed to have committed a civil infraction under subsection A of this section who shall fail to come into compliance, or remain in compliance, with the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished by imprisonment in jail for a term not exceeding ninety days or by a fine in an amount not more than one thousand dollars or by both such fine and imprisonment. Each day that such condition or violation continues shall be regarded as a new and separate offense and shall be punishable accordingly. (Ord. 96-30 § 16, 1996: Ord. 127 § 13, 1945)