Loading...
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 1