Chapter 5.32
FOR-HIRE VEHICLES*
Sections:
5.32.020 Vehicle license required.
5.32.030 Issuance of vehicle for-hire license.
5.32.050 Rates to be filed and posted.
5.32.070 Inspection of vehicles.
5.32.080 Complaint inspection.
5.32.090 Revocation, suspension or denial of vehicle for-hire license.
5.32.110 For-hire driver’s license—Required.
5.32.120 For-hire driver’s license—Application.
5.32.130 For-hire driver’s license—Revocation, suspension or denial.
5.32.140 For-hire driver’s license—Other violations.
* Prior ordinance history: Prior code Sections 5.32.010—5.32.180.
5.32.010 Definitions.
For purposes of this chapter, the terms set forth below shall have the following meanings:
A. “Chief of police” means the chief of police for the city of Shelton.
B. “For-hire operator” means and includes any person, concern, or entity engaged in the transportation of passengers for compensation in for-hire vehicles.
C. “For-hire vehicle” includes all vehicles 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 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.
D. “Person” means any individual, receiver, administrator, executor, assignee, trustee in bankruptcy, trust, estate, firm, copartnership, joint venture, club, company, joint stock company, business trust, corporation, limited liability company, association, society, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise and the United States or any instrumentality thereof. (Ord. 1642-0605 § 1 (part), 2005: Ord. 1567-0602 (part), 2002; Ord. 1257 § 1, 1989)
5.32.020 Vehicle license required.
A. No for-hire vehicle shall be operated upon the streets of the city of Shelton without being licensed under this chapter. Such license, if issued, shall be for the calendar year, or any portion thereof remaining, and shall be effective until the last day of the calendar year in which the license was issued unless sooner suspended or revoked as provided in this chapter.
B. Application for a for-hire vehicle license shall be filed with the city treasurer. The application(s) shall contain the following:
1. The full name of the business and the owner, along with a physical address and mailing address;
2. The number, kind, make, year and seating capacity of each vehicle;
3. A separate application must be completed for each vehicle to be used;
4. The state Department of Licensing (DOL) permit number and the vehicle license number issued by the state of Washington for each said vehicle. If these numbers are not available from the state of Washington at the time of application, licensee shall furnish them to the city treasurer within fifteen days of issuance of the license hereunder.
C. Each application shall be accompanied by the payment of an annual license fee in the amount set forth in the city of Shelton fee schedule per for-hire vehicle. In addition, the owner/applicant shall provide Shelton with the following information:
1. Proof of insurance for each vehicle as required by this chapter;
2. Proof of compliance with the safety inspection requirements of this chapter;
3. Proof that the owner owns or has a leasehold interest in the vehicle(s) for the term of the license. (Ord. 1642-0605 § 1 (part), 2005: Ord. 1257 § 2, 1989)
5.32.030 Issuance of vehicle for-hire license.
A. Upon receipt of a license application under this chapter accompanied by the appropriate fee required and the information required with the application, the chief of police shall transmit the completed application to the city treasurer for approval and issuance of the license.
B. Licenses are renewable upon compliance with the requirements of this chapter. The license renewal fee shall be set forth in the city of Shelton fee schedule.
C. Licenses issued hereunder shall be nontransferable.
D. Each operator’s license issued is granted upon the express condition that the operator is the owner or employee of a “for-hire” vehicle business and that business maintains and provides a business address and a mailing address where the owner can accept mail and shall maintain a business telephone in working order that shall be answered during normal business hours. (Ord. 1642-0605 § 1 (part), 2005: Ord. 1567-0602 (part), 2002; Ord. 1503-698 § 1, 1998: Ord. 1257 § 3, 1989)
5.32.040 Liability insurance.
A. Upon application for a vehicle for-hire license, every applicant shall file with the city treasurer evidence of an insurance policy. Said policy shall provide liability insurance coverage for each and every vehicle owned or operated by the applicant issued by an insurance company or companies authorized to do business in the state of Washington. The policy shall provide coverage for injury to or death of any person injured or killed in any manner for which the owner or operator of said vehicle would be liable on account of any liability imposed by law, regardless of whether the vehicle was being driven by the owner, his/her agent, employee or lessee. Said policy shall contain coverage limits in an amount not less than state requirements for each occurrence.
B. Every such insurance policy shall be continued in full force, 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.
C. Each insurance policy required hereunder shall extend for the period to be covered by the license applied for and the insurer shall be obliged to give the city treasurer not less than ten days’ written notice in the event of any change or cancellation prior to the expiration date. The cancellation or other termination of any such policy shall automatically revoke and terminate the licenses issued hereunder for the vehicle covered by such policy, unless another insurance policy is provided in order to comply with the provision of this section. The new insurance policy shall be in effect at the time of such cancellation or termination to avoid any lapse in coverage. (Ord. 1642-0605 § 1 (part), 2005: Ord. 1257 § 4, 1989)
5.32.050 Rates to be filed and posted.
A. Upon receipt of a vehicle for-hire license, the applicant shall immediately file with the city treasurer a schedule of for-hire vehicle rates charged to the public. This schedule shall include rates for the following:
1. Minimum charge;
2. Rate per mile or fraction thereof above the minimum;
3. Charges for each additional passenger above one;
4. Charge for vehicle waiting time;
5. Additional charge for baggage or suitcases;
6. Any separate rate for service during the hours of midnight to six a.m.
B. The rate schedule shall be on file with the city treasurer for inspection by the public during normal city business hours. In addition, each for-hire licensee hereunder shall conspicuously display in the interior of the vehicle the same rates of fare filed with the city treasurer. This posting must be in English and located in the passenger compartment in a typewritten notice so as to be easily read by a passenger.
C. When the licensee changes its rates, in total or in part, the licensee shall file a schedule of new rates with the city treasurer at least ten days before said new rates become effective. Likewise, the new rates shall be posted within the interior of the vehicle prior to the effective date of the new rates.
D. The licensee shall charge only those rates set forth in a schedule of rates required under this section. (Ord. 1642-0605 § 1 (part), 2005: Ord. 1257 § 5, 1989)
5.32.070 Inspection of vehicles.
A. Prior to the licensing or renewal of any for-hire vehicle, the applicant shall provide to the city proof of a safety inspection from a certified mechanic that indicates the vehicle is safe for operation. The applicant is solely responsible for the inspection fee.
B. No vehicle will be licensed under this chapter as a for-hire vehicle without providing the proof required under subsection A of this section. (Ord. 1642-0605 § 1 (part), 2005: Ord. 1257 § 7, 1989)
5.32.080 Complaint inspection.
A. Upon receipt of a passenger complaint, the city treasurer shall evaluate same and, if deemed appropriate, send written notice to the licensee, either personally or by mail with a certificate of mailing attached, and copy to the chief of police. The notice shall specify the vehicle license number, the nature of the complaint received and the date upon which the complaint was conveyed. If the complaint alleges a vehicle defect, the notice will require that the licensee or his/her agent present a new proof of safety inspection to the city within five days of receipt of the notice or be subject to license revocation proceedings under this chapter. (Ord. 1642-0605 § 1 (part), 2005: Ord. 1257 § 8, 1989)
5.32.090 Revocation, suspension or denial of vehicle for-hire license.
A. Any license required hereunder may be revoked, suspended or denied if the city finds that:
1. The applicant/licensee has failed to comply with the inspection requirements of this chapter;
2. A for-hire vehicle is being operated in an unsafe condition which constitutes a danger to the safety and welfare of passengers or the public;
3. The licensee has failed to maintain the requirements of obtaining a license;
4. The licensee has charged rates which exceed those set forth in the posted or filed rate schedule;
5. The licensee has failed to procure and maintain liability insurance as required by this chapter.
B. Prior to the revocation, suspension or denial of a for-hire vehicle hereunder, the city treasurer shall notify the licensee/applicant at least five days prior to such suspension, revocation or denial. Said notice shall advise the licensee/applicant that he/she has the right to a hearing before the Shelton municipal court prior to the effective date of any such suspension, revocation or denial. (Ord. 1642-0605 § 1 (part), 2005: Ord. 1257 § 9, 1989)
5.32.100 Other violations.
In addition to other provisions of this chapter, it is a violation for any licensee to:
A. Falsify any record, document or information required to be kept or submitted to the city of Shelton under this chapter;
B. Drive or authorize any person to drive a for-hire vehicle that is not properly equipped and/or is does not fulfill the requirements of this chapter;
C. Drive or authorize any person to drive a for-hire vehicle that is not equipped with seatbelts for all passengers;
D. Allow the operation of any for-hire vehicle by a driver who is not licensed under the provisions of this chapter or who is under the influence of intoxicating liquor or drugs while operating the for-hire vehicle. (Ord. 1642-0605 § 1 (part), 2005: Ord. 1257 § 10, 1989)
5.32.110 For-hire driver’s license—Required.
No person shall drive a for-hire vehicle within the city of Shelton without first obtaining a license from the city of Shelton. For-hire driver’s licenses shall be granted for the calendar year in which the application is applicable. The for-hire license shall be per individual driver and shall be in an amount set forth in the city of Shelton fee schedule. This license is in addition to a business license that may be required under Chapter 5.04. (Ord. 1926-0818 § 1 (part), 2018: Ord. 1642-0605 § 1 (part), 2005: Ord. 1257 § 11, 1989)
5.32.120 For-hire driver’s license—Application.
A. Each applicant for a for-hire driver’s license shall:
1. Submit to fingerprinting by the Shelton police department;
2. File with the application three recent photographs of the applicant. One such photograph shall be attached to the license when issued, another shall be filed with the police department and the third shall accompany the application;
3. Be of the age requirements set by the state of Washington;
4. Have a current valid state of Washington driver’s license;
5. Not have ever been convicted of any driving related or violent felony, or convicted of any of the following offenses within five years, or two offenses within ten years, preceding the date of application for license: (a) operating a motor vehicle while under the influence of intoxicating liquor or drugs, or (b) being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs, or (c) reckless or negligent driving;
6. Not have been convicted of three or more moving violations during a one-year period during the five years preceding the date of the application for a license;
7. Provide at no expense to the city of Shelton an abstract driving record (ADR), obtained from the Washington State Department of Licensing. Such abstract shall be current and obtained within the thirty days preceding license application.
B. Application shall be made to the city treasurer. A renewal application shall be made in the same manner upon submittal of the fee and other information and items required for the initial application, including updated photographs.
C. All licenses shall expire on December 31st of the year of issue. (Ord. 1642-0605 § 1 (part), 2005: Ord. 1562-0402 § 1, 2002; Ord. 1441-396 § 1, 1996: Ord. 1257 § 12, 1989)
5.32.130 For-hire driver’s license—Revocation, suspension or denial.
A. A license issued hereunder may be revoked, suspended or denied by the city for any of the following:
1. A failure to have or maintain any of the requirements or qualifications set forth in this chapter for obtaining a for-hire driver’s license;
2. The conviction of three or more moving violations in any one-year period;
3. Repeated or aggravated violations of Section 5.32.140;
4. Conviction of any criminal vehicular violations set forth in Section 5.32.120.
B. Prior to any revocation, suspension or denial of a license, the city treasurer shall inform the applicant/licensee of his/her rights to a hearing thereon. Such hearing, if requested, shall be conducted before the Shelton municipal court prior to the implementation of any revocation, suspension or denial. (Ord. 1642-0605 § 1 (part), 2005: Ord. 1257 § 13, 1989)
5.32.140 For-hire driver’s license—Other violations.
In addition to the other provisions of this chapter, it is a violation for any licensee to:
A. Permit any person to alight from any vehicle while it is in motion;
B. Operate or be in physical control of a vehicle while under the influence of intoxicating liquor or drugs;
C. Allow passenger consumption of intoxicating liquor or drugs in the for-hire vehicle;
D. Wilfully carry any passenger to a destination by a route that is not the most direct route, unless a customer specifically authorizes a deviation or alternate route;
E. Pick up additional passengers without the express consent of the original passenger;
F. Activate the meter when the for-hire vehicle is not employed or activate any equipment which indicates that the for-hire vehicle is carrying a passenger when it is not. (Ord. 1642-0605 § 1 (part), 2005: Ord. 1257 § 14, 1989)
5.32.150 Refusal to pay fare.
It is unlawful for any person to refuse to pay the posted fare for a for-hire service after the service has been rendered. (Ord. 1642-0605 § 1 (part), 2005: Ord. 1257 § 15, 1989)
5.32.160 Violation—Penalty.
Any person who shall violate or fail to comply with any of the provisions of this chapter or any regulations adopted pursuant hereto shall be guilty of a civil penalty and punished by a fine of not more than one thousand dollars for the first such offense. On a second subsequent offense, any person shall be guilty of a civil penalty and fined not more than two thousand dollars. On a third and subsequent offense a person shall be guilty of a misdemeanor and fined up to one thousand dollars and/or up to ninety days in jail. Each day shall constitute a separate offense. (Ord. 1642-0605 § 1 (part), 2005: Ord. 1257 § 16, 1989)