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HomeMy WebLinkAbout1631 ORDINANCE NO. 1631 AN ORDINANCE relating to and regulating the conveyance of passengers and bagl e, freight or commodities for hire in the City of Bremerton, providing es for violation thereof, and repealing ordinance ??0, and all subsequent amer ts thereto, and repealing ordinance 1232 and all other ordinances and parts ordinances in conflict herewith, and declaring an emergency. BE )RDAINED BY THE CITY OF BREMERTON: Sec (a) The term "person" wherever used in this ordinance shall be held and ~strued to mean and include natural persons of either sex, firms, copartnershi associations, and corporations, whether acting by themselves, by servant, or employee. The singular mmaber shall include the plural and the mssculi~ ~ronoun shall include the feminine and the neuter. (b) The t "taxicab" wherever used in this ordinance shall be held and construe~ to mean ~ include every motor vehicle having a seating capacity of seven passengers or ess, as per manufacturer,s rating, used for the transpor- tation of passengers or hire, and not operated exclusively over a fixed and ~efined route. (c) The term "fo car" wherever used in this ordinance shall be held and construed to and include every motor vehicle having a seating capacity of seven passen~ or more, as per manufacturer's rating, used for the transportation of ~gers for hire, and not operated exclusively over a fixed and defined route. (d) The term "sight- ng car" wherever used in this ordinance shall be held and construed to .nd include every motor vehicle having a seating capacity of seven or more pas gets, use¢i exclusively for sight-seeing purposes, over a fixed or def~ route of travel, an¢~ charging a sum certain for each trip. (e) The term "motor vehicle used in this ordinance shall be held and construed to mean and every self-propelled vehicle by or upon which any persoh may be t ran., d or carried upon any public highway, street or alley, excepting vehicles ;d exclusively ypon stationary rails or tracks. (f) The term "motor truck" whe used in this ordinance shall be held and construed to mean and include ry motor vehicle engaged exclusively in the hauling of baggage, freight, or ~oditles, for hire. (g) The term "dray" wherever used s ordinance shall be held and construed to mean and include every horse d wn vehicle engaged in hauling baggage, freight, or commodities, for hire. (h) The term "trailer" wherever used in ordinance shall, be hel5 and construed to mean and include every vehfcl by the cower of another, engaged in the business of hauling baggage, ~t, or commodities, ~'or hire. (i) The term "exclusive designated stand" w~revcr used in this ordinance shall be held and construed to mean and include an~portlon of the streets or alley.s of the City of Bremerton or any private prop~ty which shall be occupied excluoively either full or part time by taxicabs of ~e or more persons, operating under a permit issued oursuant to the provi~ons of this ordinance. , Sec, ti?n ~. ' ~..l~~~..~u~'T~.~~...~e.bu?iness ?f operating a':~i!, .: ~.,~, ~'or~h~:re ~ar, or sight-seeing car, mo~o'r truck, ~-'~.,~£~ ~::, ~:~ray 7~,r~'[ ~.1.:~: ~:~",st securing a permit so to do, to-be obtained fr~: Jji:~j:~ ~he~,,f'o llowing manner: ' Any person of good moral character and reputation as a law abiding citizen may apply for a taxicab permit. The applicant, upon blanks provi~ed for that purpose Oy the City Clerk, shall furnish full information concerning the ownership, number and classification of motor vehicle to be operated; the name, fictitious or otherwise, under which the applicar, t intends to operate; the distinguishing color scheme, design or drees, including any monogram or insignia intended to be used upon the motor vehicle. 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 or~inance. Upon the filing of an application, the City Clerk shall refer the same 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 said application and into the character and past record of the applicant and such investigation shall include all available information pertaining to said application. The Chief of Police shall not less than l0 days following the receipt of said application for investigation, report his findings to the City Council and recommend either the granting or the denial of said permit. The City Council shall then by resolution either grant or deny the application. In the event the application is denied, the applicant shall be promptly notified of such denial an~ the reason therefore and he may, within l0 5. ays appeal by written notice filed with the City Clerk that he dissatisfied and desires to be heard. ' ~¥ _ _e City Counci~ ~'~,a2~. th a ~ f hearing and. shall give the applicant at least 7 days writt ce ther At sa~.d hearing the City Council shall reexamine the of the Chief and hear any and all evidonco relating to facts s~d circ~um- stance said application. Upon the concl of the said hearing the Ci~ ',ounctl be resolution either grant y said application. The ~ec~ ~n of the Ci6~CQuncil shall be fine_' No p~ shall be transferable to an~ person except in case .of a bona fide le of the business r or oDd, rater of the motor vehicle, and then only h the consent of the C ~unci!; and no permit shall be trans- ferred to an other motor vohl ~proval of the City Council, and unless the r vehicle for the permi~t~.~s issued sha!l be obsolete, unsafe or unfit for ~'ther use,/?f the City Cou~a~ shall be the exclusive Judge. Application fo .1~ransfe~of permit shall be accompa~r~te~d by a transfer fee of City Trea~u~.er b~eld in t.ust and if said transfez is auger!zed by the City Council the f~ sh~l be placed in the General Fund, otherwise~t shall be returned ~h applicant. ~ A]~t/permits sha~[ expire on June the 30th following t~he date of~ssue, but may×~ reissued for sl cceed!ng years to the same permit hol.d?r a~.d for~ same mp~or vehicle ~vhen th~ requirements of this ordinance are otherwise met. Section 3. In the ~vent the applicant shall not have an "exclusive designated eta.nd" as ~ed in this ordinance, he shall make application there- for at the time he ap for a taxicab permit. In the event his application for an exclusive desi sta~d shall be refused by the Council the applica- tion for a taxicab permit ~11 bo ~.~emod ~enied and the fee deposited with said application shall be refund~ to said applicant. Ail applicatio~s i'or permits to engage in the business of ing a taxicab or taxicabs and for an exclusive designated stan~ shall be pre to and considere~ by the City Council in the or~er in which they shall hawe en filed with the City Clerk. Eectton 4. Whenever the r and/or operator of a taxicab desires a permit to exclusively occupy any signeted taxicab stand, application therefor shall be filed with the City on a form furnished and prescribe~J by the City Clerk. The application shall ve the name of the applicant, the name of the owner and operator of the taxi, the location of the s rand mesired, the number of taxicabs owned or operated or under the name of the applicant, the popular name of the taxicab, or the under which it is operated, as "Ye!low", "Blue and Gold", "Service", etc., with distinguishing color scheme, if any, the nt~aber and location of any permits f exclusive occupancy already held by applicant, the number and location of th~ ~articular stand or stands for which application is made, smd such other data may be required by the City Clerk; Provided, that, whenever a taxicab is o ed u~er a trade n~_e which is owned by another, or whe~lever a taxicab is orated under the name of a company or copmrtnershlp which 8ocs not own the taxi b, application for the permit covering the taxicab shall be maSe in the nmm, of the owner of the trade name, or in the name of the company or copartnership which the taxicab is operated; and if the issuance of a permit is ~cted, it shall be ~ssued ~n the name of such applicant. Section 5. The City Clerk shall present the ~plicatlon at the first regular meeting of the City Cotunc!l after the same have been filed. The City Council shall fix a time and place for a public aring on sai~ application, which shall be not less than ten or more than twenty- days t. hereafter. The applicant shall be given written notice of the time place of said hearing by mailing the same to the applicant at the address appea: on the application at least seven days before the date of hearing. The appli~ tion shall be referrec] to the Chief of Police or such other police officer ss may des.lgnate, for a complete investigation and report. Such investigation an report shall include all available information concerning the !ocation~f the e '~lusive designated stand for which application is made; its co~vonience or enience to the public generally, the possible interference or danger to trs ~c, its beaefit to or harmfu~ effect upon established private businesses in ~se proximity a~ all other facts and circumstances bearing upon the advisabilf oI~ granting said appl!cat~.on. At said hearing the Council shall consider sa!~ a~ all other evidence bearing upon the Subject thereof. Following the t~e Council may be resolution grant the application either as a whol In part or may deny the same in tote. The action of the City Council shall fina_]~. In granting the application the Council may, in its discretion, requi~ the ap[~!.icant to comply with parking meter ordinances, relative to parking meters ocated within the exclusive 5esignated stand. Section 6. The permit of any person to operate taxicabs or an .uslve designated stand permit granted under this ordinance may be revoked by ~e City Council by resolution at any time for cause by it deemed sufficient, ~ut ~efore such revocation is made a public hearing shall be held before the City Co il of which hearing the permit holder shall be given at least seven ~ays noti At k Ordinance No. 1631 (cont} s~id hearing the Council shall hear and consider all evidence produced by, any person or persons desiring to be heard and if said permit is by the Counczl revoked, the resolution revoking the same shall clearly set forth the fact that the ~e~r~.ng was had after notice as provided herein and that said resolution shalI~further set forth the findings of the Council upon which the resolution of re,cation shall b~ based. ,~ 7 7 It shall bd ~lawful for an] p~rson to operat~ a ~axicab from ~n~ ~ than a deslgnat~d stand or to cruise the streets f.,r passengers, ~p~.~v~ over, that passengers may be !oad~d ~n route while going from or ? r~4~g to the designated ~tand on a bon~ fide trip. Secti 8. ~ City Co~cll by resolution may designate certain ar~as as exclusive~ta stands in close proximity to transportation tez~inals, athletic fielS~, or .ic~buildings, which may be occupied jointly by taxicab operators. The time an~ ~ner that stands may be used shall be dete~ined and fixed by the Chief of Ice. Section 9 pe~ft shall entitle the holder to stand the m~ber of taxicabs spe in the permit at the designated location ~uring the hours stated in the pe Section lO. It ,ha~l be unlawful for anyone other th~ a holder of the pe~it to stop, s park, or attempt to stand or park a taxicab or any other motor vehicle he location dcsignate~ in the permit, during the hours fixed in the permit. Section ll. a pez~it ~s grante~ hereunder the location thereof shall, by the p~rmit hold~ be 8esignated by a distinguishing mark along the c~b and by a post with a thereon, approved by the Chief of Police, erected at both ends of the rand on which shall bc stated, "Taxicab Stand of... Permit No ......... "(n~Ing or popular n~e of taxicab for which permit ~s granted ~d giving n~ber pe~it). Section l~. ~ery person ~lding a permit to operate taxicabs in the City of Bremerton shall before ing to operate said cabs upon the public streets, file with the City a fo~ provided by him a schedule of taxicab fares to be charged to al stricts withio the City of Bremerton ~d certified by the permit holder; s~ d schsdule may be amended or c~mngeU from time to time by the pe~it hol~er; shall be unlawful for the operator of any taxicab to charge in e~cess of schedule of fares on file in the office of the City Clerk. Every taxicab ope ted upon the streets of the City of Bremerton shall have displayed therein in plain view of the passengers riding in said cab, said schedule of fares, same to b~ in large letters and clearly visable; saim taxicab shall ~ve displayed therein, a picture of the driver, which shall be not smaller ~ X ~ inches In size, together with his n~e, ~rivers posit n~ber anU taxicab pe~it number, clearly printed thereunder. Section 1Z. Each application for pe~t ~der this ordinance shall be accompanied with a fee in accordance with the 'ollowing schedule: Tazicabs for hire and sight-seeing cars ........................ $~~ Motor trucks to and including one ton .......................... 6.00 Motor trucks over 1 ton and to and includin tons .............. 9.00 Motor trucks in excess of ~ tons .............................. !~.00 ~ays, trucks, wagon drawn by ~ horses ........................ ~.00 Drays, trucks, wagon drawn by one horse ........................ ~.00 Trailers ........................................................ ~. O0 Section 14. Ordinance No. 770 of the City of rton being an ordinance entitled: "AN ORDINAl[CE to license and regulate the business conveying persons, goods and things from place to place for hire by the use motor vehicles or vehicles drawn by horses within the City of Bremcrton, fix g penalties and repealing ordinances No. 670 and 688, and all other ord~ s and parts of ordinances in conflict herewith." together with all amendmen thereto ~d Ordinance No. l~Z2, being an ordinance entitled: "AN ORDI~[ANCE of the City of Bromerton regulating the of taxicabs and providing a penalty for the violation of this ordinance." all other ordinances or parts of ordinances in conflict herewith, bo an8 s~.e are hereby repealed. Section 1~. Any person violating or failing to comply with a~ of thc provisions of this ordinanc~ shall be deemed g~i!ty of a mis ~e and upon conviction thereof shall be p~ished by a f~ne im any sum not Three '~' ~ Ordinance No. 1631 (cont) Hund. re~ Do. ars (~300), or by l,mPrisonment in the city jail for a period not exceeding n~y (90) days, or oy both such fine and imprisonment. Sectl~ t6~That an emergency exists effecting the public peace, health, and saf~y and th~ordinance shall take effect i~ediately following passage and p~~tion. ~ . '7 PASSED unanimously by th~ City Council of th~ City o~ Bremen.ton, s~gned by the Mayor, anU sttested by the City Clerk in authentication of such passage, this 12th day of September, 1945.