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HomeMy WebLinkAbout1250tr ORDINANCE NO. /-257° An Ordinance relating to and providing for the regulation of Taxi Cabs and For -Hire Cars; providing for the inspection and control thereof, fixing the rates to be charged therefor, and for 1 the licensing and controling of drivers thereof, defining offenses,' prescribing penalties and repealing Ordinance No. 11°5-6 and all 1 other ordinances or parts of ordinances in conflict herewith. THE CITY COMMISSION OF THE CITY OF PORT ANGELES DO ORDAIN AS FOLLOWS: SECTION 1. This ordinance shall be deemed and is hereby declared to be an exercise of the police power of the City of Port Angeles, and for the protection of the health, safety, peace and morals of the community and its inhabitants, and shall be liberally' construed to accomplish the purpose intended. SECTION 2. TERMS: &- r7c.er ,t �,F :, late, /..p2-7 (a) The term 'person" whereever used in this ordinance shall be held and conArued to mean and include natural persons lof either sex, firms, copartnerships, associations, and corporations, whether acting by themselves, by servant, agent or employee. The singular number shall include the plural and the masculine pronoun shall include the feminine and the neuter. (b) The term "taxicab" whereever used in this ordinance shall be held and construed to mean and include every motor vehicle, having a seating capacity of seven passengers or less, as per manu- facturer's rating, used for the transportation of passengers for 1 hire, and not operated exclusively over a fixed and defined route. 1 (c) The term "for -hire carat whereever used in this ordin- i ance shall be held and construed to mean and include every motor 1 vehicle having a seating capacity of seven passengers or more, as I per manufacturer's rating, used for the transportation of passengers for hire, and not operated exclusively over a fixed and defined route. SECTION 3. NUMBER OF TAXICABS ALLOWED: The number of taxicabs authorized to operate, and for which license or permits maybe issued, shall be based upon the pop - ulation of the City of Port Angeles, as determined in the last preceding United States Census, at the ratio on one (1) taxicab to each Two Thousand (2,000) inhabitants or fraction thereof; provided, however, that this limitation shall not affect taxicabs in operation under license on the effective date of this ordinance except such vehicles as do not through failure or inability of the operators meet the requirements of this ordinance. SECTION 4. No taxicabs or for -hire cars shall ply or be operated upon the streets of the City of Port Angeles without first obtaining a license so to do. Such lincense shall be authorized by the City Commissioners, and only after they shall find that the public convenience and necessity require the operation thereof; the license when authorized shall be issued by the City Clerk. SECTION 5. Applications for license shall be made on forms provided by the Chief of Police and shall contain the following in- formation: (a) the location of the zone applied for together with any other location from which the taxicabs will be operated. (b) full information concerning the ownership, the number and classification of vehicles to be operated, the name, ficticious, or otherwise, under which the applicant intends to operate. (c) the distinguishing color scheme, dress or design, includ- ing any monogram or insignia intended to be used upon the vehicle. (d) such other information as may be required by the Chief of Police and necessary for the proper supervision and the public good. (e) such application shall be accompanied by proof that the applicant is a reliable and bonafide owner and has met all the re- quirements of this ordinance, that the name under which he is to operate and the color scheme used upon the vehicle does not conflict -2- • • with others, and tend to deceive the public, that the vehicles have valid state licenses, and that they are properly bonded for the protection of the public as required by the motor vehicle laws of the State of Washington. SECTION 6. The annual license fees for taxicabs or for -hire cars shall be as follows: any person, firm or corporation shall be charged a license fee of $50.00 per annum; for each additional car operated by the same owner, the license fee shall be $25.00 per annum. Such license if issued shall be for the callendar year ending December 31st and applications therefor shall be made and licenses issued to expire on December 31st, following the application; the applicant shall pay such proporation of the annual license fee provided as the period up to and including December 31st following the date of the application bears to a year. SECTION 7. INSPECTION OF VEHICLES: All vehicles for which application is made shall be inspected by the Chief of Police before licenses are issued, and all vehicles operating under this ordinance shall from time to time be inspected by the Chief of Police or his duly authorized agent for the purpose of determining whether the same are clean, properly equiped, mechan- ically fit, and in a safe condition for the transportation of passengers; and it shall be unlawful for any person to drive or op- erate, or engage in the business of operating any taxicab or for - hire car, unless and until the same has been inspected and approved by the Chief of Police. SECTION 8. STANDS: (a) no license shall be granted for a taxi stand or zone without the written permission of the owners or ocupants of ad- joining premises. (b) no license granted under this ordinance shall permit more than three taxicabs to stand or wait at the same time in a axi stand or zone, and it shall be a violation of this ordinance ' to permit more than three taxicabs to stand or wait at the -3- } same time in any taxi stand or zone. SECTION 9. DRIVERS: It shall be unlawful for any person owning, controling or engaging in the business of operating taxicabs or for -hire cars to employ as a driver of any such vehicle to be driven by, a driver who does not possess a valid and subsisting city drivers license. SECTION 10. QUALIFICATIONS OF DRIVERS: No person shall be permitted to obtain a drivers license for the driving of taxicabs or for -hire cars unless: (a) he is of the age of 21 years or over. (b) of sound physique with good eyesight, and not sub- ject to epilepsy, vertigo, heart trouble, or any other infirmity of body or mind which might render him unfit for the safe operations ofa taxicab or for -hire car. (c) be able to speak, read and write the English language. (d) be clean of dress and person and not be addicted to 'the use of intoxicating liquors or narcotics. (e) has not been convicted of a felony, or of operating a motor vehicle while under the influence of intoxicating liquor, or narcotic drugs, within five years,next preceding the date of his application. SECTION 11. A±'PLICATICNS FOR DRIVERS LICENSE: Every application for a drivers license shall be upon a form provided by the Chief of Police and shall contain the following in- formation: the full name, address, residence, race, age, color, height, color of eyes and hair, place of birth, length of time he has resided in the City, whether a citizen of the United States, whether he had been convicted of a felony or a misdemeanor, whether he has been previously licensed as a driver or chauffeur, and if so, when and where, whether his license has ever been revoked and for ;!what cause, and shall be signed and sworn to by the applicant and filed with the Chief of Police as a permanent record. Every applicant for drivers license must submit to finger- -4- • printing by the Police Department and must file with his application two recent photographs of himself of a size designated by the Chief of Police and which may be easily attached to his license, one of which shall be so attached when issued, the other shall be filed with the application. The photograph shall be so attached to the I license that it cannot be removed and another photograph substituted without probability of detection. Each licensed driver shall upon demand of any police officer or a passenger, exhibit his license and photograph for inspection. SECTION 12. After examination of the application, the Chief of Police shall endorse his recommendation thereon, which endorsement shall be filed with the application before the license is issued, pro- vided, however, that the Chief of Police may, if he finds that the applicant for a taxicab or for -hire car license is qualified to hold such linense, issue a temporary taxicab or for -hire drivers license pending the investigation, effective only until the appli- cation is finally acted upon by the Chief of Police, and in no event for a period of longer than sixty (60) days. SECTION 13. The licenses issued under this ordinance shall be of such form as prescribed by the Chief of Police and shall contain the photo- graph as provided in the preceding Section, and the signature of the licensee; all drivers license shall be issued for the calendar year and expire on the 31st day of December of each year. SECTION 14. The fee for drivers license shall be 13.00 per annum and such license shall not be transferable. SECTION 15. Drivers licenses may be renewed from year to year by appropriate endorsement by the Chief of Police. SECTION 16. The Chief of Police shall keep a complete record Ilof each license issued to a driver and all renewals, suspensions and revocations thereof, which record shall be kept on file with the original application for a license. SECTION 17. SCHEDUTR OF RATES TO BE FIXED: a," .. _, C� .. /v7 -5- 1 1 Every person, association, co- partnership, firm or corporation conducting or carrying on the business of transporting passengers in vehicles for -hire, shall file with the Chief of Police a schedule of rates, fares and charges for services, a copy of said schedule shall also be pasted, at all times in a conspicous place in every vehicle operated by such person, firm, co- partnership, association or corporation. SECTION 18. OVER- CHARGE UNLAWFUL: Any driver of a taxicab or for -hire car who shall change any passenger a rate of fare higher than that provided in the schedule of rates filed with the Chief of Police, shall upon con- viction thereof be punished in addition to the other penalties therein provided, by having his city drivers license suspended for a period of not less than six (6) months, nor more than one year. SECTION 19. It shall be unlawful for any person to refuse to pay the regular fare for taxicab use or for -hire cars after having hired the same. SECTION 20. CHANGE OF SCHEDULE: In the event the operator of a taxicab or for -hire car, desires to change the rates, he shall file an amended schedule with ' the Chief of Police at least thirty (30) days prior to such change and no change in rates will be effective until examined by the City Commission and approval thereof endorsed by the Chief of Police. SECTION 21. INFORMATION REQUIRED: Every person engaged in the business of transporting passengers for hire and every person granted a license under the providions of this ordinance for the driving or operating of any vehicle used in carrying passengers for hire, shall give all information with reference to the address of the house or place to or from which he has driven or caused to be driven any passenger or passengers with description, names and addressor of such passenger or passengers, if known to him, to any police officer on being requested so to do. -6- 1 • • SECTION 22. All fees collected by the Chief of Police shall be paid over to the City Treasurer. SECTION 23. EQUIPMENT OF TAXICABS: Every vehicle operated as a taxicab shall be equiped with approved fire extinguisher, first aid kit and illuminated taxi sign or roof light of approved design which roof light shall be illumin- ated at all times while said taxi is in operation as such. SECTION 24. The violation of any provision of this ordinance by any person, firm or corporation engaged in conducting or carry- ing on the business of transporting passengers for hire, or by any person driving, operating or in charge of such vehicle, shall be sufficient cause for the revoking,, forfeiting or shortening of the lunexpired term of the license granted under the provisions of any ordinance of the City of Port Angeles to operate such vehicle. SECTION 25. Any license renewal or extension thereof issued pursuant to the provisions of this ordinance shall be automatically revoked and terminated upon the conviction of the holder thereof of the violation of any law involving the manufacturing, sale, trans- portation, or use of intoxicating liquor or of narcotics or the vi- olation of any law having to do with prostitution or other lewd act, or upon conviction of reckless driving. SECTION 26. In addition to the other penalties provided in this ordinance, any person violating or failing to comply with any of the provisions of this ordinance will be deemed guilty of a misdemeanor and every person convicted thereof shall be punished by I a fine not exceeding One Hundred Dollars (4100.00), or by imprison- ment in the City Jail for a period not exceeding thirty(30) days, or by "both such fine and imprisonment. SECTION 27. That any license issued pursuant to the provisions of • this ordinance, may be revoked or suspended by the Chief of Police for good cause shown, or whenever he shall find that the licensee has violated any of the provisions of this ordinance, or in the case of taxicab owners permitting any of his agents, servants or employees to violate the provisions of this ordinance; provided that no such 'license shall be revoked or suspended unless charges in writing -7- 4 • • shall first be filed with the City Clerk setting forth with reasonable certainty the nature of said charge against said licensee and notice thereof served on licensee. SECTION 28. APPEALS: After applicant for a taxicab or for -hire drivers license is refused a permit or license by the Chief of Police, he may appeal to the City Commission within the time and within the manner here - inabove provided. Any licensee whose license has been revoked or suspended, or applicant whose application has been rejected by the Ohief of Police, ]may appeal to the City Commission within the time and in the manner. ] hereinafter provided. Such appeal shall be taken by filing a written notice of appeal fully setting forth the grounds thereof with the City Clerk and serving a copy thereof on the Chief of Police within fifteen (15) days of the effective date of such rejection, suspension or revocation. Upon the filing of an appeal as aforesaid, the Commission shall fix a time and place for the hearing of said charges, which hearing shall be held within fifteen (15) days after an appeal is filed, and a copy of the charges as filed, together with notice of the time and place of hearing shall be served upon the licensee at least five (5) days prior to the date fixed by the City Commiss- ion for the hearing. The findings and actions of the City Commission shall be conclusive. Any notice p:, ovided for in this ordinance shall be served either (1) by delivery of a copy personally to the licensee, or (2) by leaving a copy with some person of suitable age and dis- cretion at the place of business or at the place of residence, or If no such person be found at such place of residence then by leav- ing such notice in a conspicuous place on the business premises and mailing a copy of the notice to the licensee at the address set forth in his application for license. At the hearing on said -8- • • charges the licensee shall have the right to appear and defend the charges and if he so desires to be represented by counsel. SECTION 29. That if any section or provision or part thereof in this ordinance shall be adjudged to be invalid or un- constitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. SECTION 30. That the second paragraph of Section 41. of Ordinance No. 971 of the City of Port Angeles, passed April 6th, II 1932 and reading as follows: "For each 'rent car' one dollar per annum for each passenger seating capacity" and Ordinance No. 1156 of the City of Port Angeles passed February 20th, 1946, and all other ordinances and parts of ordinances in conflict herewith, be and the same are hereby repealed. Passed first reading by the City Commission 2/� /ja57 Passed second reading by the City Commission Zr 2/F /1s/ Passed third reading and finally passed and adopted by the City Commission Approved and signed by the Mayor iie ?! /9..C7 .yam :ir ATTEST: City "C 'APPROVED AS TO FORM: ty Attorney -9 -