HomeMy WebLinkAbout3625ORDINANCE NO. %_q5 -
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AN ORDINANCE of the City of Port Angeles, Washington amending
provisions of the Port Angeles Municipal Code relating to the
licensing of For -Hire Vehicles.
THE CITY COUNCIL OF PORT ANGELES, WASHINGTON, DO ORDAIN AS
FOLLOWS:
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Section 1. Section 3.70.020 of the Port Angeles Municipal Code as adopted by i
Ordinance 3034, and subsequently amended, is hereby amended as follows:
3.70.020 - City Clerk fees.
F. For -1 -Hire Vehicle business tax ieab driver!s licenses.
1. The fee for obtaining the initial € For-hHire Vehicle business tateab
dr-iver's license shall be $50.00 per year.!5.00
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iso.
Section 2. Chapter 5.36 of the Port Angeles Municipal Code as adopted by
Ordinance 2050, and as subsequently amended, is hereby repealed in its entirety and a new
Chapter 5.36 is adopted as follows:
Chapter 5.36 For -Hire Vehicles
5.36.010 Definitions.
5.36.020 Vehicle inspection and maintenance.
5.36.030 For Hire driver requirements.
5.36.040 For Hire Business license required.
5.36.050 For Hire Business requirements.
5.36.060 Insurance requirements.
5.36.070 Registered agent required.
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5.36.090 Audit.
5.36.090 TNC operational requirements.
5.36.100 Nondiscrimination — accessibility.
5.3 6.110 Revocation, Suspension and Penalties.
5.36.120 Enforcement.
5.36.010 Definitions.
For the purpose of this chapter, the following definitions apply:
A. "Digital Network" means an internet-enabled platform or application used to connect
passengers with TNC Drivers.
B. "For -Hire Driver" means any person in physical control of a For -Hire Vehicle, including
Taxicabs and TNC Vehicles, who is operating under the authority provided by this chapter. The
term includes a lease driver, owner/operator, or employee, who drives For -Hire Vehicles.
C. "For -Hire Vehicle" means Taxicabs and TNC Vehicles. The following motor vehicles
are excluded from the definition of For -Hire Vehicles:
1. School buses operating exclusively under a contract to a school district;
2. Ride -sharing vehicles under Chapter 46.74 RCW;
3. Limousine carriers licensed under Chapter 46.72A RCW;
4. Vehicles used by nonprofit transportation providers solely for elderly or
handicapped persons and their attendants under Chapter 81.66 RCW;
5. Vehicles used by auto transportation companies licensed under Chapter 81.68
RCW;
6. Vehicles used to provide courtesy transportation at no charge to and from parking
lots, hotels, and rental offices;
7. Vehicles licensed under, and used to provide "charter party carrier" and "excursion
service carrier" services as defined in, and required by, Chapter 81.70 RCW; and
8. Vehicles used to provide Ambulance Service under Chapter 5.08 PANIC.
D. "For -Hire Vehicle Company" means a person or entity that represents or owns For -Hire
Vehicles licensed by the City that use the same trade name and dispatch services. Taxicab
companies and Transportation Network Companies are For -Hire Vehicle Companies under this
chapter.
E. "Taxi" or "Taxicab" means a chauffeur -driven vehicle available on call to carry a
passenger between any two or more points for a fare determined by a taxi meter, zone system
or flat rate.
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F. "Taxicab Company" means any entity operating one or more Taxicabs regardless of the
legal form of the entity and regardless of whether the Taxicabs so operated are owned by the
company, or leased, or owned by individual members of the entity.
G. "TNC Driver" means an individual who uses a TNC vehicle to provide transportation
services arranged through a TNC's Digital Network and is owned, leased, or otherwise
authorized for use by the TNC Driver.
H. "TNC Vehicle" means a motor vehicle used by a TNC Driver to provide transportation
services arranged through a TNC's Digital Network and is owned, leased, or otherwise
authorized for use by the TNC Driver.
I. "Transportation Network Company" or "TNC" means an entity that uses a Digital
Network to connect passengers to TNC Drivers to transport passengers for compensation
between geographical points chosen by the passenger.
5.36.020 Vehicle inspection and maintenance.
A. Each For -Hire Vehicle shall pass an inspection prior to commencing services in the City,
and annually thereafter, by a qualified mechanic. A "qualified mechanic" means any person
who works in an automotive repair facility and that has received certification from the National
Institute for Automotive Service Excellence, or other nationally -recognized automotive repair
professional certification organization.
B. Such an inspection shall, at a minimum, include inspection of the following
components:
1. Foot brakes;
2. Parking brakes;
3. Steering mechanism;
4. Windshield;
5. Rear window and other glass;
6. Windshield wipers;
7. Headlights;
8. Taillights;
9. Turn indicator lights;
10. Stop lights;
11. Front seat adjustment mechanism;
12. Doors (open, close, lock);
13. Horn;
14. Speedometer;
15. Bumpers;
16. Muffler and exhaust system;
17. Condition of tires, including tread depth;
18. Interior and exterior rear view minors; and
19. Safety belts for driver and passenger(s).
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C. For -Hire Vehicle Companies shall keep records of all such inspections.
5.36.030 For -Hire Driver requirements.
A. All drivers shall be at least 21 years of age and shall possess a valid driver's license,
proof of motor vehicle registration, and proof of current automobile liability insurance that
meets the requirements of this chapter.
B. Each For -Hire Vehicle Company shall maintain accurate and up-to-date records for each
of its For -Hire Drivers operating within the City. Said records shall include the driver's name,
age, address, Social Security number, criminal history, driver's license, motor vehicle
registration, and automobile insurance.
C. Prior to permitting a person to operate as a For -Hire Driver, and biennially thereafter,
each For -Hire Vehicle Company shall conduct, or have a third party conduct, a criminal
background check report for such person. The criminal background check shall include a search
of no less than seven years of database history, unless prohibited by law, in which case the
duration of the search shall be the maximum number of years permitted by law. The criminal
background check shall include local, state, and national criminal history databases and
publically accessible national sex offender registries. Any person who is on a sex offender
registry or who has been convicted, within the past seven years, of crimes involving driving
under the influence of alcohol or controlled substances, felony fraud, sexual offenses, acts of
violence, acts of terror, or use of a motor vehicle to commit a felony, shall not be permitted to
act as a For -Hire Vehicle Driver. The For -Hire Vehicle Company, or its agent, shall maintain
records of such criminal background checks for a period of two years. For purposes of this
section, the term "conviction" includes convictions, bail forfeitures, and other final adverse
findings.
D. A For -Hire Vehicle Company shall revoke a driver's authority to operate as a driver for
their company if it finds that the standards set forth in this section or section 050 are no longer
being met by such person. A For -Hire Vehicle Company shall only reinstate his or her authority
upon a finding by the company that all standards are again being met by such person.
536.040 For -Hire Vehicle business license required.
A. It is a violation of this chapter for any For -Hire Vehicle Company to operate in the City
without a current and valid City of Port Angeles For -Hire business license.
B. The City Clerk may issue a For -Hire Vehicle Company business license; provided, that
the applicant submits an affidavit sworn under penalty of perjury, on a form provided by the
City, that to the best of the applicant's knowledge, formed after a diligent inquiry into the facts,
the For -Hire Vehicle Company is in full compliance with this chapter, including, but not
limited to, all driver, vehicle, insurance, and operational requirements.
C. The For -Hire business license shall be effective for one year.
D. The annual For -Hire business license fee shall be as set forth in Chapter 3.70 PANIC
and shall be paid in full at the time of submitting all initial and renewal applications.
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5.36.050 For -Hire business requirements.
A. The For -Hire Vehicle Company or its agent shall maintain accurate and up-to-date
records for all drivers that provide For -Hire services in the City. Those records shall include the
driver's name, age, address, criminal history, driver's license, motor vehicle registration,
vehicle safety inspection records, proof of at least the minimum automobile liability insurance
coverage, and the number, location, and length of trips made each day. The For -Hire Vehicle
Company shall implement a zero tolerance policy prohibiting the use by a For -Hire Vehicle
Driver of illegal drugs and prohibiting driving under the influence of alcohol or any other
substance that impairs driving ability. The For -Hire Vehicle Company shall provide notice of
the zero tolerance policy on its website, as well as the procedures to report a For -Hire Vehicle
Driver whom the passenger reasonably suspects was under the influence of drugs or alcohol
during the course of the ride. The For -Hire Vehicle Company shall immediately suspend a
driver upon receipt of a passenger complaint alleging a violation of the zero tolerance policy.
The suspension shall last the duration of the investigation.
5.36.060 Insurance requirements.
The For -Hire Vehicle Company shall comply with the automobile liability insurance
requirements contained in Chapter 48.177 RCW as enacted or subsequently amended.
5.36.070 Registered agent required.
The For -Hire Vehicle Company shall maintain a registered agent for service of process in the
state of Washington. The name, telephone number, and physical address of the registered agent
shall be submitted to the City of Port Angeles at the time of license application. The For -Hire
Vehicle Company shall notify the City of Port Angeles in writing of any changes to its registered
agent during the term of the license.
5.36.080 Audit.
A. No more than once per license year, the City may audit the For -Hire Vehicle Company's
records to review compliance with this chapter. The City shall provide the For -Hire Vehicle
Company 60 days notice of intent to audit. Each audit shall be limited to records relating to no
more than twenty percent (20%) of randomly selected For -Hire Drivers, up to a maximum of
20 drivers, that have operated within the last 30 days in the City of Port Angeles. In the event
the audit reveals discrepancies in the records reviewed, the City reserves the right to audit all
of the For -Hire Vehicle Company's records related to For -Hire Drivers operating in the City of
Port Angeles.
B. The audit shall occur at Port Angeles City Hall, 321 Fifth Street, Port Angeles,
Washington; provided, that the City may in its discretion agree to an alternative location.
C. Notwithstanding the foregoing, the City may require the For -Hire Vehicle company to
produce records directly related to an active investigation of a specific allegation of a violation
of this chapter.
5.36.90 TNC Operational Limitation.
A. While in service in the City, TNC Drivers shall only transport passengers who have
arranged transportation through a TNC's Digital Network and shall not solicit or accept street
hails by persons seeking transportation.
B. While in service in the City, each TNC Vehicle shall display removable trade dress or
marks which are visible from fifty feet and clearly associate the vehicle with a licensed TNC
company.
C. The TNC's Digital Network or website shall display for the passenger the first name
and photograph of the TNC Driver as well as the make, model, and license plate number of the
TNC Vehicle.
D. The TNC's Digital Network or website shall display for the passenger the applicable
rates being charged and the option to receive an estimated fare before the passenger enters the
TNC Vehicle.
5.36.100 Nondiscrimination — accessibility.
A. For -Hire Vehicle Companies shall adopt a policy of nondiscrimination on the basis of
destination, race, color, national origin, religious belief or affiliation, sex, disability, age, sexual
orientation, or gender identity with respect to riders and potential riders and notify For -Hire
Drivers of such policy.
B. For -Hire Drivers shall comply with all applicable laws regarding nondiscrimination
against riders or potential riders on the basis of destination, race, color, national origin, religious
belief or affiliation, sex, disability, age, sexual orientation, or gender identity.
C. For -Hire Drivers shall comply with all applicable laws relating to accommodation of
service animals.
D. For -Hire Drivers shall not impose additional charges for providing services to persons
with physical disabilities because of those disabilities.
5.36.110 Revocation, Suspension and Penalties.
A. The City Clerk, or on review the Hearing Examiner, may suspend, revoke or refuse to
issue a For -Hire Vehicle License if the licensee or applicant has violated any of the provisions
of this Title. A violation includes any and all failures to meet or maintain any of the
requirements or qualifications set forth in this chapter and / or making of a materially false
statement in the application or any statement required under this chapter. The decision to
suspend, revoke or refuse to issue a License may be appealed to the Hearing Examiner.
B. Upon a violation of this chapter, the City Clerk may assess a penalty of $250.00 per
violation, up to a maximum of $10,000.00. The failure of the licensee to pay a penalty
assessment automatically suspends the license until such time as it is paid. The City Clerk,
City Treasurer and their designee are hereby authorized to use any lawful means to collect
penalties assessed under this chapter, including the use of a collection agency. Suspensions,
revocations and penalties are suspended during the course of hearing, appeal and review
unless the City Clerk or Hearing Examiner finds that the licensee or applicant's claim is
mcritless.
5.36.120 Enforcement.
The City Clerk shall have the administrative authority to implement and enforce this
chapter, and may adopt rules and regulations for its administration, not inconsistent with this
chapter. This provision shall not be construed to abrogate or limit the jurisdiction of the Police
Department to enforce any provisions of this chapter or of any other city ordinance relating
to motor vehicles or the operation of For -Hire Vehicles.
Section 3 - Severability. If any provisions of this Ordinance or its applications to any
person or circumstances is held to be invalid, the remainder of the Ordinance or application of
the provisions of the Ordinance to other persons or circumstances is not affected.
Section 4 - Corrections. The City Clerk and the codifiers of this ordinance are
authorized to make necessary corrections to this ordinance including, but not limited to, the
correction of the scrivener's/clerical errors, references, ordinance numbering,
section/subsection numbers and any references thereto.
Section 5 - Effective Date. This ordinance, being an exercise of a power specifically
delegated to the City legislative body, is not subject to referendum. This ordinance shall take
effect five (5) days after passage and publication of an approved summary thereof consisting
of the title.
PASSED by the City Council of the City of Port Angeles at a regular meeting of said
Council held on the 20`x' day of August, 2019.
ATTEST:
1k4X"AL_(7
Kari Martinez -Bailey Jerk
PUBLISHED1 4'• ' ", 2019
By S ary
Sissi Bruch, Mayor
AP OVED F RM:
Wi liam E. Bloor, City Attorney
Summary of Ordinances Adopted by the Port Angeles City Council on August 20, 2019
ORDINANCE NO 3624
AN ORDINANCE of the City of Port Angeles, Washington amending Chapter 13.06 Industrial
Wastewater of the Port Angeles Municipal Code.
This ordinance is not subject to referendum and shall take effect forty-six (46) days after notice
of the ordinance adoption is given to Department of Ecology.
ORDINANCE NO 3625
AN ORDINANCE of the City of Port Angeles, Washington amending provisions of the Port
Angeles Municipal Code relating to the licensing of For -Hire Vehicles.
This ordinance is not subject to referendum and shall take effect five (5) days after passage and
publication of an approved summary thereof consisting of the title.
ORDINANCE NO 3626
AN ORDINANCE of the City of Port Angeles, Washington amending the 2019 budget and
funds.
This Ordinance is not subject to referendum and shall be in force and take effect 5 (five) days
after publication according to law.
The full texts of Ordinances are available at City Hall in the Clerk's office, on the City's website
at tj \� �c {_, , I .,. ; . or will be mailed upon request. Office hours are Monday through Friday
8:00 a.m. to 5:00 p.m.
Kari Martinez -Bailey
City Clerk
Published by summary: Friday, August 23, 2019