Chapter 5.68 TAXICABS

“Certificate” means a certificate of public convenience and necessity issued by the city council, authorizing the holder thereof to conduct a taxicab business in the city.

“Cruising” means the driving of a taxicab on the streets, alleys or public places of the city in search of or soliciting prospective passengers for hire.

“Chauffeur’s license” means the permission granted by the city clerk to a person to drive a taxicab upon the streets of the city pursuant to the provisions of this chapter.

“Holder” means a person to whom a certificate of public convenience and necessity has been issued.

“Manifest” means a daily record prepared by a taxicab driver of all trips made by the driver showing time and place of original destination, and the amount of fare of each trip.

“Rate card” means a card for display in each taxicab which contains the rates of fare then in force.

“Taxicab” means a motor vehicle for hire used for the transportation of persons for compensation, and not operated exclusively over a fixed route or between fixed termini. Ride-sharing vehicles as defined by RCW 46.74.010 shall not be considered taxicabs.

“Taximeter” means a meter instrument or device attached to a taxicab which measures mechanically the distance driven and the waiting time upon which the fare is based.

“Taxi stand” means a public place alongside the curb of a street which has been designated by the city as reserved exclusively for use of taxicabs.

“Waiting time” means the time when a taxicab 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 fault of a passenger or passengers. (Ord. 1109 § 1, 1993)

5.68.020 Certificate of public necessity required.

Except as hereinafter provided, no person shall operate or permit a taxicab owned or controlled by him to be operated as a vehicle for hire within the corporate limits of the city without first having obtained a certificate of public convenience and necessity. Taxi companies and taxicabs licensed in the jurisdiction in which their principal office is located are not required to obtain a certificate of public convenience and necessity in order to pick up and discharge fares within the city. (Ord. 1109 § 2, 1993)

5.68.030 Application for certificate.

An application for a certificate shall be filed with the city clerk upon forms provided by the city, and the application shall furnish the following information:

(1) The name and address of the applicant;

(2) Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate;

(3) The financial status of the applicant, including the amounts of all unpaid judgments against the applicant and the nature of transactions or acts giving rise to such judgments;

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

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

(6) The passenger-carrying capacity of each vehicle;

(7) The color scheme, markings and insignia to be used to designate the vehicle or vehicles of the applicant;

(8) Such further information as the city may require. (Ord. 1109 § 3, 1993)

5.68.040 Public hearing.

Upon the filing of an application, the city council shall fix a time and place for a public hearing thereon. Notice of such hearing shall be given to the applicant and to all persons to whom certificates of public convenience and necessity have been theretofore issued. Due notice shall also be given the general public by posting a notice of such hearing on the bulletin board at the front entrance to the municipal building. Any interested person may file with the city council a memorandum in support of or opposition to the issuance of a certificate. (Ord. 1109 § 4, 1993)

5.68.050 Issuance of certificate.

(1) If the city council finds that further taxicab service in the city will serve the public convenience and necessity and that the applicant is fit, willing and able to perform such public transportation and to conform to the provisions of this chapter, then the city clerk shall issue a certificate stating the name and address of the applicant, the number of vehicles authorized under the certificate and the date of issuance; otherwise, the application shall be denied.

(2) In making the above findings, the city council may take into consideration the number of taxicabs already in operation, whether existing transportation is adequate to meet the public need, the probable effect of increased service on local traffic conditions and the character, experience and responsibility of the applicant. (Ord. 1109 § 5, 1993)

5.68.060 Liability insurance required.

Every application for a certificate of convenience and necessity shall be accompanied by evidence satisfactory to the city clerk that the applicant has in full force and effect a policy or policies of public liability insurance under the same conditions and in the same amounts as required by the state of Washington covering each and every taxicab owned or leased and used in the conduct of the operator’s business. The evidence of insurance shall contain a provision that such policy or policies cannot be reduced in coverage or canceled nor refused for renewal unless and until 30 days’ written notice has been given by the insurer to the city clerk. If any such notice is given by the insurer, the city clerk shall advise the licensee that unless proper evidence is received, within 20 days, that adequate insurance has been obtained, a recommendation will be made to the city council for revocation of the certificate convenience and necessity. The recommendation shall be made at the next scheduled council meeting after the end of the 20-day period if proof of adequate insurance has not been filed. No provisions of this chapter shall be construed to limit the right of any injured person to any private right of action against a holder as herein defined. (Ord. 1109 § 6, 1993)

5.68.070 License fees.

No certificate shall be issued or continued in operation unless the holder thereof has paid an annual license fee of $35.00 for the right to engage in the taxicab business and $10.00 additional each year for each vehicle operated under a certificate of public convenience and necessity. In the case of licenses issued on or after July 1st of each year, one-half of the above fees shall be paid. License fees shall be in addition to any other license fees or charges established by proper authority and applicable to the holder or any vehicle under his operation and control. All licenses shall expire at 11:59 p.m. on December 31st of each year and may be renewed upon the holder’s request, proof of adequate insurance and payment of fees. (Ord. 1109 § 7, 1993)

5.68.080 Transfer of license.

No certificate of public convenience and necessity may be sold, assigned, mortgaged or otherwise transferred without the consent of the city council. (Ord. 1109 § 8, 1993)

5.68.090 Suspension and revocation of certificates.

A certificate issued under the provisions of this chapter may be suspended by the city clerk for a period not to exceed 20 days, or revoked by the city council, if the holder has (1) violated any provisions of this chapter, (2) discontinued operations for more than five days, or (3) violated any ordinances of the city or the laws of the state of Washington or the United States, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation. The holder shall be given notice of the proposed action to be taken and shall have an opportunity to be heard prior to suspension or revocation. (Ord. 1109 § 9, 1993)

5.68.100 Taxicabs – Equipment and maintenance.

(1) Prior to the issuance of a license for a taxicab, the vehicle shall be inspected by the police department to determine if it is in safe operating condition and in compliance with the requirements of this chapter, and the laws of the state of Washington. When the police department finds that a taxicab has met the standards required by the city, and the required license fee has been paid, the city clerk will issue a card to the owner, on which license shall be printed and the authorized seating capacity of the vehicle listed, which license shall be affixed in a conspicuous place in the taxicab.

(2) Every taxicab operating under the provisions of this chapter shall be periodically inspected by the police department to ensure continued maintenance of safe operating conditions. Maintenance records for each vehicle licensed shall be available for inspection when requested.

(3) Every taxicab operating under the provisions of this chapter shall be kept in a clean and sanitary condition. (Ord. 1109 § 10, 1993)

5.68.110 Designation of taxicabs.

(1) Every taxicab licensed under the provisions of this chapter shall have the name of the company plainly displayed in letters at least two inches in height in a conspicuous place on each side of each vehicle, and, in addition, may bear an identifying design approved by the city. No vehicle shall be licensed whose color scheme, identifying design or displayed name shall conflict with or imitate those used on a vehicle or vehicles already operating under this chapter, if in the opinion of the city clerk such use could be misleading or tend to deceive or defraud the public. If the color scheme, identifying design or displayed name of a currently licensed taxicab or taxicabs is changed so as to be in conflict with or imitate that used by another person, owner or operator, if in the opinion of the city clerk such use could be misleading or tend to deceive the public, the license or certificate covering such taxicab or taxicabs shall be suspended or revoked.

(2) Any person aggrieved by the decision of the city clerk may appeal such decision to the city council by filing a written notice of appeal within 10 days of the date the city clerk renders his decision. Any suspension or revocation by the city clerk shall be stayed pending review by the city council. In considering such appeal, the city council shall base its decision on the criteria set forth in this section. (Ord. 1109 § 11, 1993)

5.68.120 Calculation of charges.

(1) All taxicabs operating under the authority of this chapter shall calculate charges either by means of a taximeter or by odometer readings.

(2) Those taxicabs utilizing a taximeter for calculation of charges shall be equipped with a taximeter fastened in front of the passengers, visible to them at all times day and night, and, after sundown, the face of the taximeter shall be illuminated and readily discernable by the passenger. The taximeter shall be operated mechanically by a mechanism of standard design and construction. The case and all points and connections which, if manipulated, would affect its correct reading and recording are to be sealed. It shall be the duty of the driver to display a signal indicating that the vehicle is employed and the taximeter recording at the beginning of each trip and to move it to the nonrecording position at the end of each trip. It shall be the duty of the driver to call the attention of the passengers to the amount registered and the taximeter shall not be changed until after the fare is paid. No driver shall display a signal that the taxicab is not employed when carrying passengers or under employment. The taximeter shall be subject to inspection by the police department either on complaint of any person or without such complaint. If any inaccuracy is discovered in the taximeter, the person operating the taxicab will immediately cease operation of the taxicab and it shall not be operated until the taximeter is repaired and in the required working condition.

(3) Those taxicabs utilizing odometer readings for the calculation of charges shall maintain a written log documenting the charges. It shall be the duty of the driver to enter the mileage on the odometer at the time the taxicab is employed, and to announce verbally to the passenger the mileage entered in the log. When the passenger is discharged, the driver shall verbally inform the passenger and enter into the log the mileage recording from the odometer and the charge assessed. The odometer shall be subject to inspection by the police department either on complaint of any person or without such complaint. If any inaccuracy is discovered in the odometer, the person operating the taxicab shall immediately cease operation of the taxicab, and it shall not be operated until the odometer is repaired and accurately recording mileage. (Ord. 1109 § 12, 1993)

5.68.130 Rates of fare – Rate card required.

(1) Each taxicab licensee shall have on file with the city clerk a properly completed rate schedule signed by the licensee and showing charges to be made for taxicab service. It is unlawful for any licensee to charge any greater or lesser sum for use of a taxicab than is shown on the schedule; provided, taxicab licensees may enter into agreements to and may carry persons of social security age bearing senior citizen patient cards at one-half normal fares to hospitals and to doctor and dentist offices for personal medical or dental treatment and may carry attendants along with such persons when necessary, also at one-half the normal fare.

(2) Rates may be altered in the following manner:

(a) A holder shall file with the city clerk schedules of proposed rates submitted as just and reasonable. The holder will also deposit with the city clerk an amount deemed by the city clerk sufficient to pay the costs of one publication of the proposed schedule of rates in a newspaper of the general circulation in the city, which publication the clerk shall cause to be made within 10 days after the filing of the proposed schedule of rates. The clerk shall refund any amount above the actual publication cost to the holder. The city clerk shall bring the proposed schedule of rates to the attention of the city council at a regularly scheduled council meeting within three weeks after such filing.

(b) The city council may schedule a public hearing upon the proposed schedule of rates, and if a hearing is scheduled, notice shall be published in a newspaper of general circulation in the city and the costs of publication will be borne by the holder who filed the proposed schedule of rates. The proposed schedule of rates shall automatically go into effect as the established rates 45 days from the date of filing; provided, the council may by ordinance or resolution set maximum rates if it finds from such public hearing or from other investigation that rates ought not be increased for reasons connected to the public health, safety and welfare.

(3) Every taxicab operated under this chapter shall conspicuously display within the passenger compartment a rate card setting forth the authorized rates of fare and the operator shall make clear to the passenger the rates at the time of hiring. (Ord. 1109 § 13, 1993)

5.68.140 Receipts.

The driver of any taxicab shall upon demand by the passenger give the passenger a receipt for the amount charged. The receipt shall have on it the name of the owner or company, charges, driver’s name and license number, and date of transaction. (Ord. 1109 § 14, 1993)

5.68.150 Refusal of passenger to pay fare.

It is unlawful for any persons to refuse to pay the legal fare of any vehicle mentioned in this chapter after having hired the same and it is unlawful for any person to hire a vehicle herein defined with the intent to defraud the person from whom it is hired of the value of such service. (Ord. 1109 § 15, 1993)

5.68.160 Solicitation, acceptance and discharge of passengers.

(1) No driver shall solicit passengers for a taxicab except when sitting in the driver’s compartment standing immediately adjacent to the curbside thereof. The driver of any taxicab shall remain in the driver’s compartment or immediately adjacent to the vehicle at all times when the vehicle is upon a public street, except that when necessary a driver may be absent from his taxicab for not more than 10 consecutive minutes; and provided further, that nothing herein contained shall be held to prohibit any driver from alighting to the street or sidewalk for the purpose of assisting passengers into or out of the taxicab. The provision to remain in or adjacent to the taxicab shall not apply when the taxicab is parked in an authorized parking space in front of or adjacent to a plainly marked office of the taxicab company and the driver is available for immediate service in the office. The provisions of this subsection shall not be deemed to preclude taxicabs from written forms of advertisement.

(2) No driver shall solicit patronage in a loud or annoying tone of voice or by sign or in any manner annoy any person or obstruct the movement of any person, or follow any person for the purpose of soliciting patronage.

(3) No driver shall cruise in search of passengers in a manner which would congest traffic or be dangerous to pedestrians or other vehicles.

(4) No driver, owner or operator shall verbally solicit passengers at the terminal of any other common carrier, nor at any intermediate points along any established route of any other common carrier.

(5) No driver shall permit any other person to occupy or ride in the taxicab unless the person or persons who first employed the taxicab consent. Unless specifically authorized by the effective schedule of rates on file, no charge shall be made for any additional passenger unless the additional passenger rides beyond the previous passenger’s destination and then only for the additional distance travelled.

(6) No driver shall permit more passengers to be carried in a taxicab than the rated capacity stated on the taxicab license.

(7) No driver shall refuse or neglect to convey any orderly person or persons, upon request, unless previously engaged or forbidden by the provisions of this chapter to do so.

(8) Any driver of a taxicab employed to carry passengers to a definite point shall take the most direct route possible that will carry the passenger safely and expeditiously to his destination.

(9) It is a violation of this chapter for any driver to solicit business for any hotel or to attempt to divert patronage from one hotel to another. Neither shall a driver engage in selling intoxicating liquors or use the taxicab for any purpose other than the transportation of passengers. (Ord. 1109 § 16, 1993)

5.68.170 Taxi stands.

(1) The public works department of the city is authorized and empowered to establish taxi stands in such place or places upon the streets of the city as it deems necessary for the use of taxicabs operated in the city. Taxi stands shall not be created without taking into consideration the need for such stands by the companies and the convenience of the general public. The determination of whether a taxi stand will be located in front of a taxicab office will be made by the public works department, based upon the review of adequate public parking, traffic safety and compliance with traffic regulations. Taxi stands shall not be created in front of any place of business where the abutting property owners object or where such stand would tend to create a traffic hazard. The public works department shall prescribe the maximum number of taxicabs that may occupy the stand.

(2) Taxi stands, other than those established in front of a taxicab company office, shall be used on a first-come, first-served basis by drivers. Except at taxi stands established in front of company offices, drivers shall remain within five feet of their taxicabs. They shall not solicit passengers or engage in loud or boisterous talk while at a taxi stand. Nothing in this chapter shall be construed as preventing a passenger from boarding the cab of his choice that is parked at a taxi stand. (Ord. 1109 § 17, 1993)

5.68.180 Taxi stand – Use by private vehicles prohibited.

Private or other vehicles for hire shall not at any time occupy the space upon the streets that have been established as a taxi stand. (Ord. 1109 § 18, 1993)

5.68.190 Manifests.

(1) Every driver shall maintain a daily manifest upon which are recorded all trips made each day, showing time and place of origin and destination of each trip and amount of fare. All completed manifests shall be returned to the owner at the completion of the driver’s tour of duty. The form for the manifest shall be furnished to the driver by the owner.

(2) Every holder of a certificate of public convenience and necessity shall retain and preserve all driver’s manifests in a safe place for at least the calendar year next succeeding the current calendar year, and they shall be available to the chief of police, city clerk and city council. (Ord. 1109 § 19, 1993)

5.68.200 Holder’s records and reports.

(1) Every holder shall keep accurate records of receipts from operations, operating and other expenses, capital expenditures, and such other information as may be required by the city clerk. Every holder shall maintain the records containing such information and other data required by this chapter at a place readily accessible for examination by the city clerk or the clerk’s designated agent.

(2) Every holder shall submit a summary report of receipts, expenses and statistics of operation to the city council for each calendar year, in accordance with a uniform system approved by the city clerk. The reports shall reach the city clerk on or before the thirty-first day of March, of the year following the calendar year for which such reports are prepared. (Ord. 1109 § 20, 1993)

5.68.210 Taxicab driver’s license required.

No person shall operate a taxicab for hire upon the streets of the city, and no person who owns or controls a taxicab shall permit it to be so driven, and no taxicab licensed by the city shall be so driven at any time for hire, unless the driver of the taxicab has obtained and has then in force a taxicab driver’s license issued under the provision of this chapter. Every applicant for a taxicab driver’s license shall:

(1) Be of the age of 21 years or over;

(2) Be of sound physique with good eyesight and not subject to epilepsy, vertigo, heart trouble or any other infirmity of body or mind which might render the applicant unfit for the safe operation of a taxicab; and

(3) Be able to speak, read and write the English language. (Ord. 1109 § 21, 1993)

5.68.220 Application, fee and issuance of taxicab driver’s license.

(1) Every applicant shall fill out a form to be provided by the city clerk, which shall include the applicant’s full name, residence, age, height, color of eyes, color of hair, date of birth, place of birth, state driver’s license number, whether the applicant has been previously licensed as a driver or chauffeur, and if so when, where, whether the license has ever been revoked and for what cause, which statement shall be signed and sworn to by the applicant and filed with the city clerk as a permanent record.

(2) Every applicant for a taxicab driver’s license shall submit to fingerprinting by the police department and submit two recent photographs of the applicant of a size designated by the city clerk and which may be easily attached to a license, one of which shall be attached when issued, the other filed with the application.

(3) The application shall be presented to the city clerk accompanied by a fee of $5.00 and the above-described photographs and referred by the city clerk to the police department for fingerprinting and investigation. The chief of police, or designee, shall indicate on the application whether the applicant is approved or disapproved after investigation and return the application to the city clerk within 20 days of receipt by the police department. If approved, the city clerk shall issue a taxicab driver’s license to the applicant. The license shall have affixed to it a photograph of the applicant and shall show the date of issue, date of expiration, name, age and address of the applicant, and the applicant’s written signature. If disapproved, the city clerk shall so advise the applicant by mail. Disapproval may include errors and/or omissions on the application as well as negative information found during the investigation regarding the applicant’s character and record. Negative information justifying a denial shall include but not be limited to conviction or forfeit of bail for driving under the influence of liquor or drugs, or reckless driving, or the conviction or forfeiture of bail for any three lesser traffic offenses in any one calendar year, or conviction of or forfeiture of bail for any violation of state law or city ordinance involving or indicated moral turpitude.

(4) Any person whose license application is disapproved by chief of police shall have the right to appeal to the city council by written notice to the city clerk within five days of being notified of the disapproval. The council shall hear such appeal within three weeks of notice of appeal. During pendency of such appeal the licensee shall have no right to operate any taxicab in Washougal. (Ord. 1109 § 22, 1993)

5.68.230 Display of taxicab driver’s license.

Every driver licensed under the provisions of this chapter shall have his taxicab driver’s license in his possession at any time he is operating a taxicab and shall upon demand by any police officer, passenger or license inspector exhibit his license and photograph for inspection. (Ord. 1109 § 23, 1993)

5.68.240 Renewal of taxicab driver’s license.

Every license shall expire at 11:59 p.m on December 31st of each year. Renewal applications for taxicab operations should be submitted to the finance department prior to December 15th for consideration for the succeeding calendar year. The license may be renewed from year to year by appropriate endorsement thereon by the city clerk upon filing a request on an application to be furnished by the city clerk and the payment of the annual taxicab driver’s license fee of $5.00. A taxicab driver’s license shall not be transferable. (Ord. 1109 § 24, 1993)

5.68.250 Right of revocation.

The chief of police, or designee, shall have the right to revoke and take up any taxicab driver’s license if the holder thereof is convicted of or forfeits bail for driving under the influence of liquor or drugs, or reckless driving, or if he is convicted of or forfeits bail for any three lesser traffic offenses in any one calendar year, or if he is found guilty of or forfeits bail for any violation of state law or city ordinance involving or indicating moral turpitude. The chief of police, or his designee, shall further have the right to revoke a taxicab license if the holder thereof, or his agent, uses the taxi service or vehicles to facilitate any crime involving the illegal use of alcohol or violation of the Uniform Controlled Substances Act. Upon revocation of any license under this section, it is unlawful for the licensee to drive a taxicab or other for-hire vehicle upon the streets of Washougal. Any person whose taxicab driver’s license is revoked under this section shall have the right to appeal to the city council by giving written notice to the city clerk within five days of the revocation, and the council shall hear such appeal within three weeks of notice of appeal. During pendency of the appeal the licensee shall have no right to operate any taxicab or other for-hire vehicle upon the streets of Washougal. (Ord. 1109 § 25, 1993)

5.68.260 Failure to comply.

Every driver licensed under the provisions of this chapter shall comply with all city, state and federal laws. Failure to do so will justify the city council suspending or revoking a license. (Ord. 1109 § 26, 1993)

5.68.270 Taxicab driver’s license records to be kept by the city clerk.

There shall be kept by the city clerk a complete record of each license issued to a driver, and of all renewals, suspensions and revocations thereof, which record shall be kept on file with the original application for a license. (Ord. 1109 § 27, 1993)

5.68.280 Enforcement responsibility.

The police department is given authority and is instructed to watch and observe the conduct of holders and drivers operating under this chapter. Upon discovering a violation of the provisions of this chapter, the police department shall take appropriate action, and report the violation to the city clerk. (Ord. 1109 § 28, 1993)

5.68.290 Penalties for violation.

Any person, firm or corporation violating any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not exceeding $500.00, or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment. (Ord. 1109 § 29, 1993)