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HomeMy WebLinkAbout2888 AN ORDINANCE relating Go and regulating the conveyance of passengers foT hire in the City of Breme~ton and mePea~ing 0rdinances No. $70, __~ $88, 770, 1232, 1631,~1661,~1783, Section 2 of~1557,..1~7~,~1733 and..1929, and any and all other ordinances and parts of ordinances in conflict herewith. THE CITY OF BREMERTON DOES ORDAIN: SECTIONS INDEX: 1. Definitions 2. License Required 3. License T~ansferred ~. Application rom License 5. Numbem of Taxicabs Licensed 6. Issuance of License 7. Liability Insurance Requimed 8. License Fee 9. License NoG Transferable 10. Suspension and Revocation of Licenses 11. D~ivem's Permit Requi~ed 12. Application rom Taxicab D~iver's Permit 13. Examination of Applicant 1~. Police Investigation of Applicant 15. Consideration of Application 16. Issuance of Taxicab D~ive~' s Pez~nit Duration Fee - Tempomary Taxicab Driver's Permit 17. Display of Taxicab D~ive~'s Pez~nit Requited 18. Suspension and Revocation of D~ive~'s Per, it 19. Designation of Taxicabs 20. Taximeters 21. Taxicab Metem Rates 22. Rate Card Requimed 23. Non-meTemed Taxicabs (Temporary) 2~. Receipts 28. Refusal of Passenger %o Pay Fare Unlawful 25. Solicitation of PassengeTs 27. Receipt and discharge of Passengers on Sidewalk Only 28. Cruisin~ Unlawful 29. Restrictions on Numbe~ of Passengers 30. Refusal to Ca~Y Passengems - When Unlawful 31, Taxicab Stands and Loading Zones 32. Taxicab Service RequiTements 33. Manifests 3~. Police Depamtment to Enfomce O~dinance 35. Violations- Penalty 36. Severability PAGE 1 SECTION 1. Definitions The following woDds and phDases when used in this oDdinance have the meanings as set out heDein: (a) LICENSE means that permission gDanted by the City Council and issued by the City CleTk authoDizing the holdeT theDeof to conduct a taxicab business in the City of BDemeDton. (b) CRUISING means the dTiving of a taxicab on the stTeets, alleys, oD public places of the City of BDemeDton in seaTch of, or solicitation of pTospective passengeDs fop hide. (c) TAXICAB DRIVER'S PERMIT means the permission gDanted by the City of BDemeDton to a person to d~ive a taxicab upon the stDeets of the City of B~emeDton. (d) HOLDER means a person to whom a taxicab dDiveD's pez~nit has been issued. (e) MANIFEST means a daily DecoDd p~epaDed by a taxicab dDiveD of all tDips made by said dDiveD showing time and place of oTigin, destination, numbe~ of passengers, and the amount of fade of each. tmip. (f) TAXI LOADING ZONE means a public place alongside the cuDb of a stDeet or elsewhere in the City of BDeme~Ton which has been designated by the City Council, as ~esemved exclusively for the use of taxicabs. (g) RATE CARD means a card authoDized by the Commissioned of Public Safety foT display in each taxicab which contains the rates oT fade then in foTce. (h) TAXICAB means a motom vehicle megulaDly engaged in the business of caTTying passengeDs fop hiPe, having a seating capacity of less than seven (7) peDsons and not opeDated on a fixed ~oute. (i) FOR-HIRE CAR shall be held and construed to mean and include every motoD vehicle having a seating capacity of seven passengers, or more, as pet manufacturer's Dating, used foT the tDanspoDtation of passengers for hide, and not opeTated over a fixed and defined route exclusively. Page 2 (j) SIGHT-SEEING CAR shall be held and construed to mean and include every motor vehicle having a seating capacity of seven or more passengers, used exclusively for sight-seeing purposes, over a fixed or defined ~oute of travel, and cha~ging a sum certain for each trip. .S.,.ECTION 2' License R..e~u.i. red No person shall operate o~ pez~nit a taxicab owned or controlled by him to be operated as a vehicle for hire upon the stmeets of the City of Breme~ton without first having obtained a license f~om the City Council, which shall be issued by the City Clerk. SECTION 3. License Transferred No taxicab license shall be tmansfe~able f~om one owne~ to another except in the case of a bona fide sale of the business by the owner, and then only upon the filing of an application with the City Clerk Tequesting such transfer, which t~ansfeP shall be approved by the City Council. The fee for such transfer of taxicab license shall be the sum of Fifteen Dollars ($15,00) and shall be paid by the applicant fo~ the transfem at the time such an application is filed. The fee for the transfer of a taxicab license f~om one vehicle to another vehicle shall be the sum of Five Dollars ($5.00) which shall be paid at the time application for such transfer is made. SECTION .~. Application fo~ Lice..nse An application for a license shall be filed with the City Clerk upon foz~ns provided by the City Clerk, and said application shall be verified under oath and shall furnish-the following information: (a) The na~e and address of the applicant. (b) The financial status of the applicant, including the amounts of all unpaid judgments against the applicant and the nature of the transaction oT acts giving rise to said judgment s, Page (c) The experience of the applicant in the transportation of passengers. (d) Any facts which the applicant believes tend to pTove that public convenience and necessity requite the granting of a license. (e) The year, make and number of vehicles to be operated or controlled by the applicant and the location of proposed depots and terminals. (f) The color scheme oT insignia to be used to designate the vehicle or vehicles of the applicant. (g) Such further information as the Commissioner of Public Safety of the City of Bremerton may Tequire. SECTION $. Number of Taxicabs Licensed The maximum number of taxicab licenses which may be issued and outstanding at any one time shall be based upon the public convenience, need and necessity, and shall be determined by the City Council afteT a public heating called foT that puTpose, taking into consideration the following: (a) The number of taxicabs already operating under permits; (b) Whether the requirements of public convenience and necessity can be met and complied with only by the issuance of additional taxicab permits~ (c) The probable effect of increased service on local traffic conditions$ (d) Whether the increased service would result in ruinous competition~ (e) The effect on working conditions and wages paid to drivers of taxicabs~ (f) Whether the additional service requested cannot best be rendered by existing taxicab operators~ (g) The financial responsibility of the applicant; Page (h) The type ~nd condition of equipment proposed to be operated~ (i) The character, experience, and responsibility of the applicant and such other relevant facts as the City Council may deem advisable, pertinent~ or necessary to aid in dete~nining whether public convenience and necessity require the issuance of additional taxicab permits. The date of hearing shall be set by resolution of the City Council and shall be held not less than fifteen (15), nor mome than thimty ($0) days after date of publishing a notice of same in a newspaper of general circulation within the City of Brememton. The City Council may provide fom such othem notice as it deems appmopmiate. SECTION 6. Issuance of License If the City Council finds, aftem public heaming, that furthem taxicab service in the City of Bremerton is mequired for the public convenience, need and necessity and that the applicant is fit, willing and able to pemfo~m such public tmanspomtation and to confomm to the p~ovisions of this omdinance and the mules promulgated by the City Council, then the City Clemk shall issue a license stating the name and addmess of the applicant, the ~ o~vehiclet authorized under said license and the date of issuance; otherwise, the application shall be denied. SECTION 7. Liabi. lit~ Insurance Re~uimed No license shall be issued o~ continued in opemation unless there is in full foPce and effect a liability insumance policy issued by an insurance company authomized to do business in the State of Washington. Said policy shall pmovide for each vehicle authoPized, in the minimum amount of Twenty Five Thousand Dollams ($25,000.00) for bodily injuPy to any one pemson~ in the minimum amount of Fifty Thousand Dollars ($50,000.00) fop injuries to more than one person which are sustained in the same accident, and Ten Thousand Dollams ($10,000.00) for property damage resulting Page 5 from any one accident. Said insurance shall inure to the benefit of any person who shall be injured or who shall sustain damage to property proximately caused by the negligence of a holder, his servants or agents. Said insurance policy shall be filed in the office of the City Clerk prior to the granting of the license. SECTION 8. License Fee No license shall be issued or continued in operation unless the holder thereof has paid an annual license fee of 0ne Hundred Dollars (~100.00) for each year for each vehicle operated under license. Said license fees shall be for the ~ year and shall be in addition to any other fees or charges established by proper authority and applicable to said holder o~ thm vehicle om vehicles under his operation and control. SECTION 9. License Not T~ansferable No license may be sold, assigned, mortgaged or otherwise t~ansfermed without the consent of the City Council. SECTION 10. SFs~pns~on and revocation of Licenses A license may be revoked or suspended by the City Council if the holder thereof has (a) violated any of the provisions of this ordinance, (b) failed to operate under the particular license gPanted for a period in excess of sixty (60) days, (c) violated any of the ordinances of the City of Bremerton, the laws of the State of Washington~ or of the United States, the violation of which reflect unfavomably on the fitness of the holder to offer public transpomtation. Pmio~ to suspension om mevocation, the holdem shall be given notice of the proposed action to be taken and shall have an opportunity to be heamd at a public beaming called fo~ that purpose. SECTION 11. D~iver's PeTmit .Re~ui~ed No pemson shall opeTate a taxicab fo~ hiTe upon the stmeets of the City of Bmemerton, and no person who owns om controls a taxicab shall permit it to be so d~iven, and no taxicab licensed by the City of Bmememton shall Page 6 be so driven at any time for hire, unless the driver of said taxicab shall have first obtained and shall have then in force a taxicab driver's permit issued under The provisions of this Ordinance. SECTION, ,12. Applic.ation f,o,,r, Tax,icab Driver's Permit An application for a taxicab driver's permit shall be filed with the City Clerk on forms provided by the City of Bremerton~ and such application shall be verified under oath and shall contain the following information: (a) The names and addresses of four residents of the City of Bremerton who have known the applicant and who will vouch for the sobriety, honesty~ and general good character of the applicant. (b) A concise history of his employment. (c) Pictures and fingerprints. At the time the application is filed the applicant shall pay to the Treasurer the sum of Ten Dollars ($10.00) which sum shall be retained by the Treasurer whether a license is issued or refused. SECTION 13. Examination of Applicant Before any application is finally passed upon by the City Council the applicant shall show that he has a current motor vehicle operator's permit issued by the State of WashingTon~ and pass such driver's examination as the City Council may require. SECT.I,,ON 14. Police Investigation of Applicant. The Police Department shall conduct an investigation of each applicant for a taxicab driver's permit and a report of such investigation and a copy of the Traffic and police record of the applicant, if any. shall be attached to the application for the consideration of the City Council. SECTION 15. Consideratip,.n' of Appl,icaTion The City Council shall~ upon consideration of the application and the reports and certificate required to be attached thereto~ approve or reject Page 7 the application. If the application is rejected, the applicant may request a personal appearance before the City Council to offer evidence why his applioation should be reconsidered. If such request is made the City Council shall grant SECTION 16. Issuance of Taxicab Driver's Permit Duration I I [ I _ lin I 1£ I I I I Fee - Tem~orar~ Ta. xioab D~iver's Permit The City Clerk, upon approval by the Commissioner of Public Safety, shall issue a temporary permit for such period of time not to exceed thirty (30) days as the Commissioner of Public Safety shall designate, and such temporar~ permit shall have stamped thereon the date of termination. Upon approval of an application as hereinabove provided for a taxicab driver's permit, the City Clerk shall issue a permit to the applicant, which permit shall bear the name address, age, signature and photograph of the applicant. Such permit shall be in effect for the remainder of the calendar year. A permit for every calendar year thereafter shall be issued upon the payment of Ten Dollars ($10.00) and may be issued within thirty (30) days of the expiration of the calendar year. Such renewal, however, shall not be granted unless the permit for the preceding year has not been revoked. SECTION 17. Displa~ of Taxicab Driver's Pemmit Re%uired Every driver licensed under this ordinance shall post his taxicab driver's permit in such a place as to be in full view of all passengers while such driver is operating a taxicab. SECTION. 18. Suspension and Revocation.. of Driver's... Permit If the chief of police finds that any person licensed hereunder has been convicted of a criminal violation of federal or state law, or any ordinance of the City of Bremerton, or has forfeited bail after posting thereof after arrest for a criminal violation of such law or ordinance and that such conviction or bail forfeiture Page 8 establishes that such licensee is no longer of good moral character and reputation, or is not a careful and experienced driver, or if the chief of police for any other reason believes that such person is not competent to operate a taxicab within the City of Bremerton, then the chief of police shall make a written report of the circumstances surrounding such matter to the City Council of the City of Bremerton and shall make recommendations to the City Council regarding the suspension or revocation of the license of such person. After considering the said report and before revoking or suspending any such license, the City Council shall order a public hearing, and in such case shall notify the licensee of the date of said hearing and of the contents of the report of the chief of police, which said public hearing shall be held on a day certain, hut shall be not less than ten (10) days from and after the mailing of notice of such public hearing to such licensee, and which said notice shall require the licensee to show cause on such date, if any he has, why such license should not be suspended or revoked. The chief of police may, in his discretion, suspend any such license for a period not to exceed fifteen (15) days during investigation of such circumstances. If upon public hearing before the City Council, a majority of the City Council shall find that the license of the said licensee should he suspended or revoked, it shall he so ordered. An appeal from such order, suspension or revocation, may be made to the Superior Court for Kitsap County, in the manner provided for under the general laws of the State of Washington. In case of the revocation of license, the same shall be taken up hy the chief of police and cancelled by the City Clerk, and in case of the suspension of a license the same shall he surrendered to the City Clerk and shall be.returned to the licensee at the termination of the period of suspension. Page 9 SECTION 19. Designation of Taxicabs Each taxicab shall beam on each side of the taxicab the tmade name of the owner, cleamly dlscemnible. No vehicle covemed by the temms of this omdinance shall be licensed whose colom scheme, identifying design, monogmam, om insignia to be used themeon shall, in the opinion of the City Council, conflict with om imitate any colom scheme, identifying design, monogmam om insignia used on a vehicle om vehicles almeady opemating undem this omdinanee, in such mannem as to be misleading om tend to deceive or mislead the public~ and pmovided, furthem, that if, aftem a license has been issued fora a taxicab hemeundem, the colom scheme, identifying design, monogmam om insignia themeof is ohanged so as to be, in the opinion of the City Council, in conflict with om imitate any colom scheme, identifying design, monogmam, om insignia used by any othem pemson, ownem or opematom, in such a mannem as to be misleading or tend to deceive the public, the license of or cemtificate cove~ing such taxicab om taxicabs may be suspended om mevoked. ~ECTI.ON 2'0. Taxlme~ems It shall be unlawful fom any person to dmive o~ opemate om engage in ~he ~usiness of opemating a taxicab, unles.s each taxicab is equipped with a taximetem and has had that taximetem duly inspected and evidence of the same submitted to the Chief of Police. It shall be thm duty of the ownem, lessee in possession, om any other pemson having possession or control of any taxicab to at all times keep such taximetem accumate. The chief of police shall inspect all ~aximetems at least once each Foam and have the righ~ to inspect all taximeters at any and all times. Evemy taximetem shall be~ installed at the right side of dPivem and a~ such height ~hat ~he flag ~hmmeof may be readily seen by observems on the stmee~, and the meadin~ face of such Page 10 Taximeter shall at all Times be well lighted and readily discernible to the passengers riding in the taxicab. IT shall be unlawful To change The size of the wheels or Tires of any Taxicab or the gears operating the said taximeter or to change The taximeter from one Taxicab To another unless such Taximeter is reinspecTed and evidence of the same submitted to the chief of police. It shall be unlawful for any driver of a taxicab, while carrying passengers and under employment to display the flag attached To the Taximeter at such a position as to denote That such Taxicab is not employed, oT to Throw the flag of Taximeter at a recording position when such vehicle is not actually employed~ or To fail to Throw The flag of such Taximeter at a non-recording position at the Termination of each and every service. Any driver of a Taxicab or for-hire car who shall charge any passenger a rate of fare higher Than that provided for in Sections 21 and 22 shall upon conviction thereoft be punished in addition to The other penalties herein providedt by having his Taxicab driver's permit suspended for a period of not less than six (6) months nor more than one year. Any driver of a taxicab or for-hire car employed %o carry passengers to a definite point shall take the most direct route possible that will carry The passenger safely and expeditiously to his destination. SECTION 21. Taxicab Meter Rates For one passenger for The first 3/5 mile, or fraction Thereof .... $ .70t thereafter for each additional 1/5 miler or fraction thereof --- $ .10t fo~ every one minute of waiting time .... $ .10. For each additional passenger .... $ .20. (No additional passenger shall be picked up without The express consent of the original passenger.) Page 11 SECTION 22. Rate Card Required Every person, firm or corporation operating taxicabs in the City of Bremerton shall file with the City Clerk a schedule of rates to be charged for the operation of their taxicabs within the City limits of the City of Bremerton, and it shall be unlawful for any such person, firm or corporation to make any other charges, either more or less, for said services rendered by such person, firm or corporation as set forth in said rate schedule. The filed rates shall not be changed by ordinance until the schedule of the proposed changes in rates are on file with the City Clerk for a period of thirty (30) days. Such person, firm or corporation shall further cause to be posted in every taxicab a card con- raining a schedule of said rates, said card to bear the written approval of the City Clerk. Said card shall be posted in a prominent place in said taxicab and the Commissioner of Public Safety shall have the power in his discretion to designate the place of posting in said taxicab and the size of the said card. SECTION 23. Non-metered cab~.(TempQraz,/) Ail non-metered taxi- cabs now operating within the City of Bremerton shall have a period of ninety (90) days from the effective date of this Ordinance to comply with the provisions of Sections 20 and 21. During this period of time non-metered cabs are to operate on the zone fares hy maps furnished to the City Clerk and must post cards stating the price of each zone. The price of each zone is to be filed with the City Clerk. SECTION 24. Receipts The driver of any taxicab shall upon demand by the passenger render to such passenger a receipt for the amount charged, either by a mechanically printed receipt or by a specially prepared receipt on which shall he the name of the trade owner, license number, amount of charge and date of transaction. Page 12 SECTION 2.5. Refusal of Passenger to Pay Fare Unlawful It shall be unlawful for any person To refuse to pay The fare of any of The vehicles mentioned in This ordinance after having hired The same, and it shall be 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. SECTION 26. Solicitation of Passer, ers It shall be unlawful To solicit passengers for a Taxicab by The use of word of mouth or any other method except by The use of signs or insignia on The body of The Taxicab or the driver of said taxicab. This shall not prohibit regularly recognized foz~ns of advertising in public newspapers or commercial radio or television stations. No Taxicab shall be allowed To park waiting for business on the public streets except in a taxi stand. No taxicab shall display lighted signs when parking at any place on a public street other Than a Taxi stand or zone, except when accepting or discharging paying passengers. SECTION 27. Receipt and discharge of Passengers on Side,walk Only Drivers of Taxicabs shall not receive or discharge passengers in The roadway, but shall pull up To The right-hand side of The road and There receive or discharge passengers, except upon one- way streets where passengers may be discharged at either The right or left-hand sidewalk9 or The side of The roadway in The absence of a sidewalk. SECTION 28. Cruising Unlawful IT shall be unlawful for any person To operate a Taxicab from any place other Than a designated stand~ or To cruise The streets for passengers; provided, however, That passengers may be loaded en route while going from or returning To The designated stand by a direct, usual and customary route9 on a bona fide trip. IT shall be unlawful for drivers of Page 13 for-hire cars to solicit passengers in person in any manner. This prohibition shall include but not be limited to loud calling, going amongst a crowd or seeking passengers or entering places of business or dwellings to get passengers without a specific request from a prospective passenger. SECTION 29. R~strictions on Number of Passengers No driver shall permit more persons to be carried in a taxicab as passengers than the rated seating capacity of his taxicab as stated in the license for said vehicle issued by the City Council. For the purposes of this section, a child in arms shall not be counted as a passenger. SECTION 30.. Refusal to Carry p.&s.sen~ers-..When Un~awful No driver shall refuse or neglect to convey any orderly person or persons~ upon request, unless previously engaged or unable or forbidden by the provisions of this Ordinance to do so. SECTION~. 31. Taxicab Stands.. and Loading Zones The City Council in its discretion, upon application being made, may set off and designate taxicab stands upon the various streets of the City of Bremerton. It shall be unlawful to park or leave any for-hire vehicles on a public street within ~he City of ~remer~o~excep~ au a s~ano designated for the use of for-hire vehicles. Whenever any taxicab is parked or left standing within any stand designated for the use of for-hire vehicles, each taxicab shall have in attendance a separate operator. SECTION 32. Taxicab_ Service, Re%uirements Ail persons engaged in the taxicab business in the City of Bremerton operating under ~he provisions of this ordinance shall render an over-all service to the public desiring to use taxicabs. Holder of licenses shall maintain a place of business and keep the same open for twenty-four (2~) hours a day for the purpose of receiving calls Page and dispatching cabs. They shall answer all calls received by them for services inside the corporate limits of the City of BremeTton as soon as they can do so and if said services cannot be Tendered 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 Teason theTefoT. Any holder who shall Tefuse to accept a call anywhere in The coTpoTate limits of the City of BTemerton a~ any Time when such holder has available cabst or who shall fail or refuse to give over-all seTvicet shall be deemed in violation of This oTdinance and the license granted to such holder may be revoked by the City Council. SECTION 35. Manifests EveTy dTiver shall maintain a daily manifest upon which ate recorded all trips made each day~ showin~ time and place of origin and destination of each trip and amount of fate and all such complete manifests shall be returned to the owneT by The driver at the conclusion of his tour of duty. The forms for each manifest shall be fuTnished to the dTiver by the owneT and shall be of a characteT approved by the Commissioner of Public Safety. Every holder of a license shall Tetain and pTeserve all drivers' manifests in a safe place foT at least the calendaP year next preceding the current calendar year~ and said manifests shall be available to the Commissioner of Public Safety. SECTION 3b. Police DepaTtment tq Enforce 0Tdinance The Police Department of the City of BremeTton is hereby given the authority and is instructed to watch and observe the conduct of holders and drivers opeTating under this oTdinance. Upon discoverin~ a violation of the pTovisions of this ordinance~ the Police Department will order or take appropriate action. SECTION,., ,, ,,,35'. ,Vi°lati°ns.,. , , ,, - Pe~alt~ Any peTson violating any of the provisions of this ordinance shall be deemed guilty of a Page 15 misdemeanor and upon conviction thereof shall be fined not exceeding Three Hundred Dollars (~300o00) or by imprisonment in the City Jail not exceeding ninety (90) days~ oP both such fine and imprisonment. SECTION 36.. Severability Each of the p~ovisions of this o~dinanee a~e seve~able~ and if any p~ovisions shall be declared ~o be invalid, the Pemainin~ p~ovisions shall not be affected but shall memain ~n full forage and effect. APPROVED by the City Council on first ~eadinE ~his ~0th day of May, 1~70. ' ~ASSED by the City Council of the City of BPemeP~on, si~ned ~c~/~'~ by t~e~Mayor and a~ested by ~he City Clerk in authentication of such passaEe this 27~h day of May, 1970. ATTEST ~ .... G. C. YEADON, SR.~ City Clerk Page 16