HomeMy WebLinkAbout2868ORDINANCE NO. 2868
AN ORDINANCE of the City of Port Angeles,
Washington, regulating the licensure and
operation of horse taxis and adding Chapter 5.37
to the Port Angeles Municipal Code.
WHEREAS, horse taxis are a tourist attraction; and
WHEREAS, horse taxis operate on City streets along with
other vehicles and are subject to traffic laws and so should be
regulated;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PORT
ANGELES DOES HEREBY ORDAIN as follows:
Section 1. The Port Angeles Municipal Code is hereby
amended by the addition of a new chapter 5.37 entitled Horse Taxis
to read as follows:
Sections:
5.37.010 -
5.37.020 -
5.37.030 -
5.37.035 -
5.37.040 -
5.37.050 -
5.37.060 -
5.37.070 -
5.37.080 -
5.37.090 -
5.37.100 -
5.37.110 -
5.37.120 -
5.37.125 -
5.37.130 -
5.37.140 -
5.37.150 -
5.37.010 -
CHAPTER 5.37
Horse Taxis
Definitions
Activities Requiring License
Vehicle License /Application
License Issuance for Operation of Business
Business License Expiration
Business License Transfer
Rates & Charges
Required Records
Business Operation Regulations
Police Chief Requirements
Driver's License /Application
Driver's License Expiration
Driver's License Transfer
License & Other Related Fees
Issuance
Display
Driver's Regulations
Definitions.
A. A "horse taxi" is a non - motorized vehicle drawn by a
horse, pony, mule, donkey or the like, such as a horse carriage,
used for the transportation of passengers and incidental baggage
for compensation upon the streets of the City of Port Angeles,
available for use by the general public.
B. An "animal" in this Chapter refers to horses, ponies,
mules, donkeys or the like, used to draw a horse taxi.
5.37.020 - Activities Requiring License. No person may
own, operate, use or drive a horse taxi unless the vehicle is
licensed under this Chapter, and no person may drive a horse taxi
without a driver's license issued under this Chapter.
5.37.030 - Vehicle License /Application. An applicant for
a horse taxi license must submit:
A. Proof of ownership or lessee's interest in the vehicle;
B. The name and address of the owner of the vehicle;
C. The make, model, year of manufacture, color and identi-
fying insignia or number of the vehicle;
D. A certificate of public liability insurance, naming the
City as an additional insured in an amount of not less than the
coverage limits required by the State of Washington for for -hire
vehicles. Proof of said insurance shall require the filing with
the City Clerk of a certificate of insurance providing the required
coverage. Such policy shall provide a minimum 30 days' written
notice to the City of the cancellation of the policy or change in
the liability limits. The insurance liability limits herein shall
be subject to automatic increase if the minimum coverage required
by state law is increased for state for -hire vehicle permits; and,
E. The schedule or schedules of rates and charges in the
form required by Section 5.37.060.
F. A plan for the proper disposal of manure and other
debris related to the horse taxi operation.
5.37.035 - License Issuance for Operation of Business. No
business license to operate a horse taxi shall be issued except by
the City Council, after review of the license application and
inspection reports of the Chief of Police, or his designee. The
City Council may, in its discretion, approve or deny the
application. Any applicant denied a license by the City Council
shall have the right to appeal to the Clallam County Superior
Court. Said appeal shall be filed no later than thirty (30) days
after the decision of the City Council.
5.37.040 - Business License Expiration. A horse taxi
business license expires on June 30th of each year.
5.37.050 - Business License Transfer. A horse taxi
business license is not transferable to another person or vehicle.
5.37.060 - Rates & Charges.
A. The City does not regulate the rates and charges of
horse taxis except to require that they be uniform for all vehicles
of the same company, that certain measures be taken before rates
are changed, that they not illegally discriminate against any
Person or class of person, and that the rate schedule include
certain items.
B. Before putting into effect any changed rates, a
licensee must file a new schedule or schedules with the City Clerk
or his /her designee at least fifteen days in advance of such
change.
C. If applicable, a licensee must include in the required
rate schedule charges for:
1. Waiting time, on an hourly basis;
2. Initial drop on all trips, including the first
tenth of a mile;
3. Distance based on uniform increments of one -
tenth of a mile;
4. Each additional passenger; and,
5. Additional baggage.
D. Any separate rates for service charged by the licensee
must clearly specify when and under what conditions the respective
rates will apply.
E. A licensee may by written contract establish a fare
for specific transportation different than the specified rate.
F. The fare schedule shall be posted in a conspicuous
place in every vehicle.
5.37.070 - Required Records. Every holder of a horse taxi
license must keep the license and all documents showing compliance
with the requirements of this Code available for inspection by the
City Clerk or his or her designee at the office address shown on
the license. If the holder operates only one horse taxi, the
records may be kept on the holder's person or with the taxi, in
which case they shall be available for inspection by any police
officer of the City. Every licensee must keep the required records
at least three years.
5.37.080 - Business Operation Regulations. Every licensee
has an affirmative and continuing obligation to insure that:
A. All records, documents and information required under
this Code be kept current and accurate;
B. No vehicle be operated by a driver under the influence
of intoxicating liquor or drugs;
C. Neither the licensee nor any employee engage in any
unfair method of competition or deceptive practice; and,
D. The animal or animals shall be treated in a safe and
humane manner in accordance with all state or local laws and
receive prompt veterinary care for any illness or injury.
5.37.090 - Police Chief Requirements.
A. Because of the relative lack of speed and
maneuverability of horse taxis, the Chief of Police may impose
special requirements on the vehicle license, including prohibiting
travel on certain arterials in a congested district or narrow
streets and restricting the hours of operation on certain streets.
Unless the vehicle is equipped with approved lighting, the Chief
may prohibit operation during hours of darkness or during times of
low visibility. Each vehicle shall be equipped with signs and
lights as required by state law.
B. Although a horse taxi is subject to all traffic laws
applicable to vehicles when operating on the public ways, the Chief
may approve a specific route set forth in the application including
places not normally accessible to motor vehicles.
C. Subject to the approval of the Police Chief, each
owner /operator shall designate and make provision for an off - street
area to stand, park or discharge and load passengers. If the
owner /operator of a horse taxi has not made provision for an off -
street area to stand, park or discharge and load passengers, the
Chief of Police may designate an area or areas along City streets
for such purpose after consultation with the City's traffic
engineer. When areas have been so designated, horse taxis shall
not stand or park in any other area not designated for such use.
5.37.100 - Driver's License Application. An applicant for
a horse taxi driver's license must submit:
A. A statement:
1. of name, age and addresses for the past five
years;
2. of current and last preceding place of
employment;
3. whether previously employed or licensed as a
horse taxi driver and if so, the reasons why not
now so employed;
4. that he /she has been a licensed motor vehicle
operator for at least two years;
5. of the ability to read and speak the English
language;
6. that he /she is not and has not for the two years
preceding been addicted to the use of intoxicat-
ing liquor or drugs;
B. Proof:
1. that he /she holds a current, valid Washington
State driver's license; and,
2. that he /she has not been convicted of an offense
involving moral turpitude, or of a felony
relating to the fitness or ability to operate a
horse taxi within ten years, or driving under
the influence of intoxicants or drugs or
reckless driving within one year.
5.37.110 - Driver's License Expiration. Horse taxi
driver's licenses expire June 30 of each year.
5.37.120 - Driver's License Transfer. A horse taxi
driver's license is not transferable to another person or vehicle.
5.37.125 - License & Other Related Fees.
The fee for a vehicle license issued under PAMC 5.37.030
shall be as set forth in PAMC 5.04.080. The fee for a driver's
license shall be five dollars plus the cost for Washington State
Identification Section inquiry, and the Police Department's fees
for fingerprints, photo I.D., local records check and lamination of
the license. The fee is not subject to proration.
5.37.130 - Issuance. The City Clerk, upon the recommen-
dation of the Chief of Police, is authorized to issue a driver's
license for a horse taxi.
5.37.140 - Display. Every driver must display his /her
license in a conspicuous place inside the horse taxi clearly
visible from the passenger compartment at all times when he or she
is operating or in charge of the vehicle.
5.37.150 - Driver's Regulations. It is a violation and
grounds for suspension or revocation of a horse taxi driver's
license for any horse -drawn taxi driver to:
A. Commit three or more moving violations while driving a
horse taxi during any twelve -month period;
B. Be guilty of a felony involving moral turpitude;
C. Be guilty of reckless driving or driving offenses while
driving a horse -drawn taxi involving the use of alcohol or drugs;
D. Fail to deliver to the Police Department within 24
hours any property of value left in any vehicles;
E. Allow a person to enter or alight from the vehicle
while it is in motion or pick up or discharge a passenger at any
place other than the curb or pavement edge;
F. Allow a passenger to consume intoxicating liquor or
retain an open container of liquor or to consume or use controlled
substances while in the horse -drawn taxi;
G. Pick up any additional passengers without the express
consent of the original passenger;
H. Refuse to pick up as a passenger any person of proper
deportment when the vehicle is available, or discriminate against
any person because of race, religion, national origin, sex, marital
status, age or mental or sensory handicap;
I. By reason of neglect or intent to cause or allow any
animal under his /her care to endure pain, suffering or injury or to
fail or neglect to aid or attempt alleviation of pain, suffering or
injury he /she has so caused to any animal under his /her care;
J. Leave any animal under his /her care unattended, whether
tethered or untethered, within any area of the City; and,
K. Fail to promptly collect and properly dispose of manure
or other debris related to the horse taxi's operation.
Section 2 - Severability. If any provisions of this
Ordinance, or its application to any person or circumstances, is
held invalid, the remainder of the Ordinance, or application of the
provisions of the Ordinance to other persons or circumstances, is
not affected.
Section 3 - Effective Date. This Ordinance shall take
effect five days after publication.
PASSED by the City Council of the City of Port Angeles at
a regular meeting of said Council held on the 16th day
1995.
ATTEST:
La r k, . ,,L o&
Becky JUp n, C Clerk
APPROVED AS TO FORM:
raig D.
nutson,
of May
City Attorney
PUBLISHED: May 21, 1995
95.05
(By Summary)
Summaries of Ordinances Adopted by the
Port Angeles City Council
on May 16. 1995
Ordinance No. 2867
This Ordinance of the City of Port Angeles establishes a pay plan for the union
employees represented by Teamsters Local #589 for the period of January 1,
1995 through December 31, 1995, and provides for the payment thereof.
Ordinance No. 2868
This Ordinance of the City of Port Angeles regulates the licensure and operation
of horse taxis and adds Chapter 5.37 to the Port Angeles Municipal Code.
The full texts of the Ordinances are available at City Hall in the City Clerk's office or will be
mailed upon request. Office hours are Monday through Friday from 8:00 a.m. to 5:00 p.m.
These Ordinances shall take effect five days after the date of publication of these summaries.
Publish: May 21. 1995
Becky J. Upton
City Clerk
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