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Home My WebLink About5296 ORDINANCE NO. 5296 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending and updating certain provisions of Chapter 5.12 of the Bremerton Municipal Code relating to taxicabs. WHEREAS, the City Council desires to amend certain sections of Chapter 5.12 of the Bremerton Municipal Code entitled "Taxicabs" in order to update provisions relating to the regulation of taxicabs in the City; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 5.12.010 of the Bremerton Municipal Code entitled "Definitions" is hereby amended to read as follows: 5.12.010 DEFINITIONS. For the purposes of this chapter, words and phrases used in this chapter mean as follows: (a) "Certificate holder" means any person as defined herein required to obtain a taxicab business certificate or a taxicab driver's certificate under the provisions of this chapter. (b) "City" means the City of Bremerton. (c) "Compensation" means remuneration or anything of economic value that is provided, promised, or donated primarily in exchange for services rendered. This includes but is not limited to voluntary donations, fee-sharing between a taxicab association or transportation network company and an affiliated driver, or other similar consideration. (d) "Driver" means any person, whether agent, employee, contractor, subcontractor or lessee authorized to operate or physically engage in driving a taxicab carrying passengers or baggage for hire, whether or not such person is the owner of or has any financial interest in the ownership of such vehicle; provided, however, that the provisions of this chapter shall not apply to drivers of motor vehicles operated by any municipal or privately owned, licensed nonprofit transit system. (e) "Operate" or "engage in the business of operating any taxicab" means the pickup and transportation of any fare-paying passenger or baggage from a point within the geographical confines of the City, whether or not the vehicle is dispatched from within any other municipal corporation, and whether or not the ultimate destination or route of travel is within the confines of the City; provided, that nothing in this chapter shall be construed to apply to taxicabs licensed by any other municipal corporation and transporting passengers from a point within the licensing municipality to a destination outside thereof, whether or not the ultimate destination or route traveled is within the City. (fl "Owner" means any person owning a taxicab and/or a taxicab business who is required to obtain certificates for taxicabs under the provisions of this chapter. In the case of a business entity, "owner" includes all officers, directors, shareholders, general partners, limited partners and managing partners of the entity, all persons vested with authority to manage or direct the affairs of the legal entity or to bind the legal entity in dealings with third parties, and all persons who have any ownership interest. 1 Taxicabs (g) "Person" includes an individual, a corporation, a partnership, any unincorporated association, or legal entity. In the case of a business entity, "person" includes all officers, directors, shareholders, general partners, limited partners and managing partners of the entity, all persons vested with authority to manage or direct the affairs of the legal entity or to bind the legal entity in dealings with third parties, and all persons who have any ownership interest. (h) "Sightseeing vehicle" or "charter bus" means every motor vehicle held for public hire as a common carrier, used primarily for sightseeing purposes and generally over a fixed route for a stipulated consideration per trip. (i) "Special service vehicle" means a vehicle equipped to accommodate and which is used for the transportation of developmentally disabled persons as herein defined; the term "developmentally disabled" means any person who is physically or mentally disabled and who is transported by vehicle in a wheelchair. (j) "Taxicab," also known as a for-hire vehicle, means every motor vehicle held for public hire as a common carrier, usually for transportation of individuals, subject to call by the public generally or other form of solicitation; and the fare is based on an amount recorded and indicated on a taximeter, or on a special fare rate or contracted agreement, a flat rate or any other compensation for the transportation of individuals as defined herein. Taxicab includes sightseeing vehicles, special service vehicles. Taxicab does not include vehicles operated by or through a transportation network company as defined herein. (k) "Transportation network company(TNC)" means a person or entity that provides application dispatch services to connect TNC drivers with passengers for the transport of passengers. "Application dispatch services" is any technology that allows consumers to directly request, via the Internet or other means, dispatch of for-hire drivers for trips. SECTION 2. Section 5.l 2.170 of the Bremerton Municipal Code entitled "Certificates and Licenses—Denial, Suspension, and Revocation" is hereby amended to read as follows: 5.12.170 CERTIFICATES AND LICENSES - DENIAL, SUSPENSION, AND REVOCATION. (a) Generally. (1) Any application for the issuance or renewal of a taxicab business certificate or a taxicab driver's certificate issued under this chapter may be denied, and any certificate issued under this chapter may be suspended or revoked based on one(1) or more failures to comply with the requirements of this chapter or based on one (l) or more violations of the requirements of this chapter as well as the provisions set forth below. (2) The Chief shall have the power and authority to deny, suspend or revoke any certificate required under the provisions of this chapter. The Chief shall notify such applicant or certificate holder in writing by certified mail or personal service of the denial, suspension or revocation of his or her certificate application or certificate and the grounds therefor. The suspension or revocation of a certificate shall be effective as set forth in BMC 5.12.090. The denial, suspension or revocation of a certificate may be appealed pursuant to BMC 5.12.090. (3) Failure to comply with the provisions of this chapter may result in the denial or revocation of a general business license pursuant to BMC 5.02.180. 2 Taxicabs (b) Taxicab Business Certificate. A taxicab business certificate may be suspended or revoked or an application denied, in the sole discretion of the Chief, if the applicant, certificate holder or any of its owners does any of the following: (1) Allows any person to drive a taxicab which is not in safe condition; (2) Allows a driver to operate owner's taYicab when insufficiently covered by insurance under state law; (3) Makes any false statement on the application or omits information required on the application; (4) Owns a taxicab that is engaged in business at any time when its driver does not have a valid taxicab driver's certificate; (5) Owns a taxicab that is engaged in business at any time when it does not have a proper or valid taxicab vehicle license or registration; (6) Operates or permits the operation of the taxicab while the driver is using or in possession of alcohol or controlled substances; (7) Falsifies or omits any record, document or information required to be kept or submitted to the City by this chapter, or by rule or regulation prescribed thereunder; (8) At any time fails to meet the qualifications for a taxicab business certificate under this chapter, in the discretion of the Chief; (9) Violates any of the ordinances of the City or laws of the state, the violation of which reflects unfavorably on the fitness of the certificate holder to offer public transportation; (10) Exhibits or has exhibited past behavior from which the Chief could reasonably conclude that the applicant or certificate holder does not possess the skill, care or jud�nent necessary to operate a taxicab business with due regard for the safety of passengers and the public at large or does not possess the trust and honesty necessary in operating a taxicab business. In making this determination, the Chief may consider the following: (i) Whether the applicant, certificate holder or any owner has been convicted of violating any law or ordinance reasonably related to the applicant's or certificate holder's fitness or ability to operate a taxicab business, such as laws or ordinances pertaining to alcohol, controlled substances, prostitution, gambling, physical violence, fraud, larceny, extortion, theft, racketeering, or any crime of moral turpitude; (ii) Any other record and/or reputation as to the applicant or certificate holder being law-abiding; (iii) The applicant's or certificate holder's business experience and the nature and kind of occupation or business in which the applicant or certificate holder has previously been engaged; (iv) The manner in which an applicant or certificate holder has previously conducted business; or (v) Any other conduct exhibited by the applicant or certificate holder which would lead the Chief to reasonably conclude that the applicant, certificate holder or any owner is dishonest or immoral, or desires such certificate to enable said person or entity to engage in a dishonest, unlawful, or immoral act, practice or enterprise. (11) Violates any of the provisions of this chapter. (c) Taxicab Driver's Certificate. Any driver of a taxicab may have his or her taxicab driver's certificate suspended or revoked or an application denied, in the sole discretion of the Chief, if the driver: 3 Taxicabs (1) At any time fails to meet the qualifications for a taxicab driver under this chapter; (2) At any time has his or her state motor vehicle driver's license suspended or revoked during the time period covered by the certificate; (3) At any time drives a taxicab without insurance coverage as required under state law; (4) At any time uses or is found to be in possession or consumption of controlled substances or alcohol while in control of or while operating any taxicab; (5) At any time drives a taxicab without a valid taxicab driver's certificate; (6) Makes any false statement in his or her application or omits information required on the application; (7) Fails, while operating or in control of a taxicab, to display identification or a decal with the information and in the manner and form reguired in this chapter; (8) At any time exhibits conduct which would lead the Chief to reasonably conclude that the applicant or certificate holder does not possess the skill, care or judgrnent necessary to operate the taxicab with due regard for the safety, health, or welfare of passengers and the public at large; (9) At any time exhibits conduct which would lead the Chief to reasonably conclude that the applicant or certificate holder does not possess the trust and honesty necessary in dealing with money and property of the public; (10) At any time exhibits conduct which would lead the Chief to reasonably conclude that the applicant or certificate holder is immoral or desires such certificate to enable him to engage in an immoral act, practice or enterprise; (11) Exhibits or has exhibited past behavior from which the Chief could reasonably conclude that the applicant or certificate holder does not possess the skill, care or judgment necessary to operate a taxicab with due regard for the safety of passengers and the public at large or does not possess the trust and honesty necessary in operating a taxicab. In making this determination, the Chief may consider the following: (i) Whether the applicant or certificate holder has been convicted of violating any law or ordinance reasonably related to the applicant's or certificate holder's fitness or ability to operate a taxicab, such as laws or ordinances pertaining to alcohol, controlled substances, prostitution, gambling, physical violence, fraud, larceny, extortion, theft, racketeering, or any crime of moral turpitude; (ii) Any other record and/or reputation as to the applicant or certificate holder being law-abiding; or (iii) Any other conduct exhibited by the applicant or certificate holder which would lead the Chief to reasonably conclude that the applicant or certificate holder is dishonest or immoral, or desires such certificate to enable said person or entity to engage in a dishonest, unlawful, or immoral act, practice or enterprise; or (12) Violates any of the provisions of this chapter. SECTION 3. Section 5.12.190 of the Bremerton Municipal Code entitled "Appeals" is hereby amended to read as follows: 5.12.190 APPEALS. (a) Any applicant or certificate holder may, within fourteen (14) calendar days from the date that the denial, suspension or revocation notice was mailed to the applicant or certificate 4 Taxicabs holder, appeal from such denial, suspension or revocation by filing a written notice of appeal setting forth the grounds therefor with the Administrative Hearing Examiner pursuant to Chapter 2.13 BMC. A filing fee as set forth in Chapter 3.01 BMC shall be submitted with the appeal, which filing fee is required to process the appeal. The hearing shall be conducted in accordance with the procedures for hearing contested cases set out in Chapter 2.13 BMC. After the hearing thereon the Administrative Hearing Examiner shall, after appropriate findings of fact, and conclusions of law, affirm, modify, or overrule the denial, suspension or revocation and order issuance or reinstatement of the certificate, and may impose any terms thereupon. (b) No suspension or revocation of a certificate issued pursuant to the provisions of this chapter shall take effect until fourteen (14) calendar days after service of the notice thereof by the Chief, and if an appeal is timely filed, the suspension or revocation shall be stayed pending final action by the Administrative Hearing Examiner. All certificates which are suspended or revoked shall be surrendered to the City on the effective date of such suspension or revocation. (c) Notwithstanding subsection (b) of this section, a suspension or revocation of a certificate shall become effective immediately when the Chief determines that such suspension or revocation is in the best interest of the health, safety and/or welfare of the public. (d) The decision of the Administrative Hearing Examiner shall be final. The applicant or certificate holder and/or the City may seek review of the decision by the Superior Court of Washington in and for Kitsap County within twenty-one(21) calendar days from the date of the decision. If review is sought as herein prescribed, the renewal or revocation shall be stayed pending final action by the Superior Court. (e) When revoked, the certificate shall be canceled and immediately surrendered to the Chief. Upon revocation of any certificate as provided in this chapter, no portion of the certificate fee shall be refunded to the certificate holder. (fl Upon denial or revocation, the person whose application was denied or certificate denied or revoked shall not be granted a similar certificate, upon any new application that may be made, for a period of ninety(90) calendar days from date of denial or revocation and, further, no similar certificate shall be issued until such person cures any defaults that resulted in the denial or revocation. SECTION 4. Sevef•abilitv. If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 5. Effectil�e Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the �(p day of /�Ct �� , 2016 � a`. '� ERIC YOU R, ncil President 5 Taxicabs Approved this ��ay of /NU¢�� , 2016 PATTY LE , ayor ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk RO ER A. LUBOVIC orney �� PUBLISHED the day of �`i YL�/1 , 2016 EFFECTIVE the � = day of_�� , 2016 ORDINANCE NO. y R:\Legal'�.Legal\Filrs••.CuRent Actrve Files\Taxicabs\Taxicabs Chapter 5 12 Updatcs 2016 docx 6 Taxicabs AFFIDAVIT OF PUBLICATION Account#342133 AD#1006233 STATE OF WASHINGTON COUNTY OF KITSAP I, Teresa Hull, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SLTN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publi- cation hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit: And on March 25, 2016 such newspaper was regularly distributed to its subscribers during all of said period. The full amount of the fee ��harg� � 'on is the sum of$49.40. This amount has not been paid in full. Notary Public , State of Washington TISHA SULLIVAN � N1y Appointment Expires Aug 4, 2018 (Signature of Principal Clerk) Subscribed and sworn to before me this day of March 25, 2016. �� _ ORDINANCE N0.5296 AN ORDINANCE of the City Council of the City of Bremer- ton, Washington, amending and updating certain provi- sions of Chapter 5.12 of the Bremerton Municipal Code relating to taxicabs. PASSED by the City Council on the 16th day of March,2016. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street,Suite 600,Bremerton, WA 98337. MARCH 25,2016 AD#1006233