HomeMy WebLinkAboutO-1143 - Repeals and replaces Ch. 5.24, for-hire vehicles (5.24)I.
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An Ordinance of the .City of Marysville regUlating
the business.of operating {Qr-hire vehicles,.
establishing licensingrequi~ements for the s~me
and for the drivers of said vehicles,and repealing
Chapter 5.24 of the Marysville Muni~ipal .Code.
THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGT01"\DO
ORQAIN AS FOLLOWS:
Section 1.Chap t er 5 '-24 of the Marysville Mun i.ci.paI .Code , .
being superc~dedby the provisions of Seciion 2 of .this .ordinance,
is hereby REPEALED.
Section 2.A new Cha~t~r 5.24 of the Marysville Municipal
Code is hereby adopted providing as follows:.
5.24.010 Defiriitions.The following words and phrases when
.used in this chapter have the meanings as set out here:~n:·
A;Manifest"means a daily record prepared 'by a taxicab driver
of all trips ~ade by said driver .~howing time and ~lace of origin.
destinatidn.number of passengers and the amount cif the'fare of each trip;
B."Person"includes an Lndi vidual,a corporation,or o t her legal
entity,a partnership,and any uriintorporated association;
C."Rate:card"me an s:a card issued by theCi ty Clerk for display
iri each taxicab which contains the rates of ·fare then in fo~ce;
D. "Wai ting time f'means the time when a.vehicle for ~hi re is not
in motion from·the time of acceptance of a passenger or passengers to
.the time of discharge,but does not include any time that the taxicab
is not in motion if due to any cause other than -th e .request,act or
default of a passenger orp~ssengers.·
E."For-hire veh ic l.e"means and includes'every motor vehicle'used
for the transportation of passengers fo r hire,and'not operated
exclusively over a fixed and defined route.This term shall also include
motor vehicles designated as "taxicabs"and .f'convalescent coaches";
F."Convalescent coaches"means motor.vehicles for hire designed
for ~he trans~ortatibn of handicappe~persons who by reason of.physical
or mental in£irmitY'm~y not .be convBriiently transported on public
'mass transportation vehicles or in ta~icabs or who cannot drive their
own automobile.Thepatiens transported by such vehicle shall be limited
to the following cla~ses of patients:
r.Eatierits transported by wheel'.chair must be able to get
into th~chair with the h~lp of one ~erson;
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2.Patients m~si be stable and able to take care of themselves;
3.Patients mut not be incapacitated by medication nor need
oxygen or aid enroute;
4.Littei p~tierit may be tra~sported if heme~ts requirements
specified iD subsections 2 artd 3.
,5~24.02d For-H~re Vehicle Lite~seRequired.It is unlawful·
to operate .any motor vehicle for hire,including taxicabs and
convalescent coaches,ove r OT upon or along any of the streets..or alleys
of the City without havifigprocured a For-Hire Vehicle License from
'the City Clerk.' ,
lication.'Applicants,;..:;.--=..::..::.;:....::....~....:..,.:..::..,~.:-.,.,.--:..--:...-;:...::....:,r--;:-~.............,...=-:.:-~-,.--following information:
5.24.030 For-Hire .Vehicle
for For-Hire Vefiicle lcenses saIl','
, A. The financial status of th6 applicant including the amo~nts
of all-unpaid judgments against the applicant'and the nature 'of the'
transaction or acts giving rise to'sa~d judgment~;
H;Th~experience of the a~plicant in the transportation of
passengers;
'C.Any facts which es t ab Li shr t-ha t .pub lic convenience and necessity
re~uire the .granting of the license;
.D. The number of vehicles to be op er a t ed or controlled by the
applicant and the location of proposed depot~and terminals;
E.For each for-hire vehicle~·t~e·company vehicle number therefor~.
the make,model and identifying color scheme,monogram or insignia,
and setial number of the vehicle;
F.If the applicant is a corporatiorti it shall accompany the
application with a list of the names and addresses of all officers,
directors and stockholders;
G,.The criminal record for the past.five years relating to
crimes of moral turpitude'and fraud,for each and every owner or manager
of the business;
H.Su~h further information as the City Cle~k may require.
5.24.040 Criminal Record.No For-Hire Vehicle License
shall be issued if the applicant,owner or manager of the business has
been convicted of a crime of moral turpitute,or one'involving intent to
d~fraud,within the preceeding'five (5)years.'
5.24.050 Liabilitylns~rance.
A.Everj applicant shall file with the City Clerk proof of a
current and subsisting policy or po li c.ies of public liability insurance,
approved as to sufficiency _'.by:the Ci ty C'l.e rk ,.and as to form by the
City Attorney,issued by a~insurance company or'companies authorized
to do business,iri the Stat~~'pioviding liability irisurance coverage .
for each an~every vehic1~'for hire 6wned,operated and/or leased-by the
applicant.Suchin~urari~e ~hall be in the sum of $100,000.00 for the
injury or de:atho:f:ope'-person,or $300,000.00 for t.he i i n j ur y or death of
'more than one pers.o.n'in anyone accident,and $50,000..00 for.proper-ty damage.
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~,B.Every such pol icy of insurance.s h a Ll con t I nue to the f u 11 amoun t
thereof nowithstanding any recovery thereon and shall provide that the
liability of the insurer shall not ~e affected,by the Lnsolvency or bank-
ruptc~of the insured.'The policy shall be for the benefit of any and
all judgmeht creditors:.Each in~uranc~policy required hereunder shall
extend for the peTiod ~overed by the license applied for and the insurer'
shall be obliged to give not less than ten days written notice to the
City Clerk iri the even~of an~change or cancellation..
5.24.060 I~suance of Fbr-Hire'Vehicle Licen~e~
A.If.the City Clerk finds that an application for a For-Hire
Vehicle Licen~e meets ~ll 6f the requirements of this Chapter,said
application shall be submitted to 'the City 'Council for fihal determina-
tion.Within thirty days thereafter the City Council shall ·set a
date for consideration of sai~applicatiqn'and shall notify.the applicant
of said'date.',
B.The .City Council shall issue,a For-Hire Vehicle Licerise to
,the app Li c an tJonl y upon an af fi rma t i ve fi.ridi ng of the.following fa.cts:
1.That the applicant'is .fit,.willing and ,able to perform
public transportati6n'services ,for th~benefit of th~citizens
of~Marysville,arid'to conform to the provisions of thi~Chapteri
2.Thai for-hire vehicle ~ervice o~.the size and ~e~~iiption
proposed by th~applic~nt is !equired for public cohvettience and
necessity.
3.'That additional'for -hire ve hi.c l es in the Ci ty will'Create
no adv:rse envir.ohment~~l or economic impacts.
S.24.070 Li~eh'se Fe'e~.The license fees are fixed in .t h e.
amoun t s shown in .t he.following schedule,-arid shall be payable annually
in advance:....;",:..-
,"....'"r:00ForeH'ine Ve hi.c'Le L~lCeJ1~e$r ~.-
Dr 1.ver "s Perm it '."-","$I !-00 ':'.-,$i;
per year,per -vehicle
for'intfial p e.rmi t and
for renewal of permit
5.24.,080 Driveri·:s :'Permit;-R~qliired.No person shall operate
a motor vehicle for hire 'on"the streets of the City and no person ,who
owns or contr~ls such vehicle for hire sh~il permit it to be so diiven
and no vehicle license4~y ,the ~ity·~ha~l~~e so driven at any time for
hire unless 'the ,driver"of 'said vehicle -s ha lI have first obtained and
shall have then in force a For~HiTe Driver's Permi{issued ~nder the'
provisions o frt h i s Chapter.
'5.24.090 Driver's lication.An·application fqr a
For-Hire D'ri.v er ' s e rm i t 5 a 1.be :::L1ed t e City Clerk on forms
provid~d by the City.Such application shall be sworn to by th~applicant
and shall contain the following inf6rmation:
A.Names and addresses of four residents of the City who have
known the applicant for a period of one ~ear and who will'vouch for the'
sobriety,honesty and'general good character of the applicant;
B.The experience of the applicant in the transportation 'of passengers;
C.A concise history of his .emp Loymerrt for the past five years.
11..A p i.c t ur e of the app.li can t ..
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E.Proof of the applicant's current status as a licensed ariver
in the State of Washington"
F.The applicant's driving record for the past five 'yeats.
G.The applicant's criminal record foi the past five years,
relating fa abuse of alcohol and/or drugs;'and crimes of moral
turpitude and fraud.
5.24,100 Issuance of Driver's Permit.
A.No driver's permit shall be issued if the,applicant has been
convicted of a crime relating to the use of alcohol and/or drugs,or a
crime of moral turpitude or fraud within the pr e ce d i n g f i,veyears.'
B.No driver's permit shall be,issued w~thout .approval afthe
Chief of Po Li ce .
C.Upon finding that an applicant for a driver's permit me~ts the
requi rements of this Chapter,the City Clerk shall issue -such a permit,
which shall bear 'the ~am~,address,age,signature and photogra~h of
the applicant.Such a permit shall be in effect fo~the remainder of
,the calend~r year,and shall be subject to annual r~newal.
,5.24.110 Driver's Permit -Display:Every driver li~~nsed
under this Chapter shall post his driver's permit in such a place ,as
to be in full Vlew of all passengers while such driver is operating
a ~~hiclefor hire.
5.24,.120.Vehicle Equi ment ...Each vehicle'for h i r e shall 'be
equipped an ma tn t a i ne at all t rmes .ny the operator theTeof for
safe and lawful operation and in accoT~ance'with the laws of the City _.
'and the State and shrill be fUTnished with such equipment as the Chief
of Police shall deem neces~ary fo~such safe ·operation.Any Vehi~le
for hire may be inspected at any Teisonable time by the Chief of Police
01'hi~tepTesentativ~.The Chief of Police ~hall,on applicati~n,and
may ~eriodically insp~ct ea~h"vehicle as to saf~ty and cleanliness.
..5.24.130.Vehicle ~arkings~Eachvehicl~licensed shall have'
the word "taxicab",."convalescent coach",01'other appropriate descrip-
tive teTm painted i~letters at least three inches high on both sides
of the :vehicle directly under the true or assumed name listed thereon.
Each v~hicle licensed shall have the company vehicle riumbeys p~inted on
all four sides of the vehicl~not less th~n four inches high.Words
that might tend tO'deceive the public may not be used on any vehicle
licen~~d under this Chapter.No vehicle covered by the terms of this
Chapter shall be licensed ,'~'h.i,tl1 has a'color scheme,identifying design,
.mo no gr am or insignia'design .t o imitate .any color scheme or identifying
design of "any other operator -Ln such 'a manner as to be misleading OT'
deceiving to·the pub Li,c';:".:'~,
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5~24.J40~~Rate Schedule ..,Every person,firm or corporation
operating a for-hire vehicle in the City shall file with the City Clerk
the schedule'o f rate's.t"obe;c har.ged for .t he op er a t i on of t hei.r vehicle
within the City limit~:~'It 'i~unl~wI~l'for ani person,firm or
corporation to makeariy~othet"charge~,',eithe~m6re or less,for .the
services rendered by suc h p er son ,firm,5Hcorporation than as.set forth
in the rate schedule.Such p er.s'o n,firr.m or,c o rp or a ti.o n shall Fu r t her
c au s e to be po s te d in every "',:rehi~l¢:'~l -c ar d 'containing a schedule of the
rates.The card shall be p os t ed in'a "prominent place in t he ivehi.c Le
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and the Chief of Police shall have the power in his discretion to
designat~the place of posting in the vehicle and the slie of the
'card;provided,'that the filed rates shall'not be changed until .the
proposed changes in rates are filed with the City Clerk for a period
of thi1'ty days.
5.14.150 Call ,Record Required ~Ins ection.For-Hire Vehicle
businesses slall keep at teir bUSIness offices a chronological record
showing each call for service which isorclered or made,and the name
of the driver who responded thereto ,the number of the vehicle,t.he
time and place of the origin -an dto fvt he end of each,vehicle'trip,and
the ·fee charged,and shall upofi request of any person paying a vehicle
.r.h ar ge ,furnish a r ec eip t showing such 'information.Such records
shall at all reason~ble times be open to the inspection of the ~ity
Clerk or Chief of Police or the agents of either.
5.24.160 Direct Route.Rectu ired."Any dr i ver of a veh i c1e for
hire employed to carry pass~ngeis to a definite point shall take:the
most direct route possible that will carry the passe'nger s safely'
and expeditiously to their de~tination;,
5.24.170 Receipts.,Th~driver of any vehicle for hire shall
upon,demancrl)y the passenger render to s uch vp a ss enger a receipt of the
amount charged,either by a Mechanically printed receipt or by
a specially prepaied receipt on which shall be the name of t~e owner,'
license number or motdt number,.amount ,of char~e and date of transaction.
,5.~4.180 Fraud or Refusal to ,Pay Fare.It is unlawful for
any person to refuse to pay the legal.fare .o f any of the'vehicles
mentioned in this Chapter after having hired the same;and it is
unlawful for any person,to hire any vehicle herein defined with intent
to de{raud the persori from whom it is hired of the value of,such serVIce.
5.24.190 Loading and Dischar in Passen ers.Driyers ,
of for-hire vellcles shall nqt receive or discharge passengers'in th~
roadway,but shall puI I 'upfo ,the .r i.gh tv h an d is i dewa Lk as me arly as
possible or in the,ab sen c e.i-o f a si dewa lk,to the extreme r i gh t.-fiand
side of the road an dvt'her e receive or di.sc har ge passengers,exc ep t on
one~way strpets whe~~~assengers'may be discharged on the right or
left-hand sidewalk;'or the side of the roadway in the absence of a
sidewalk.~,
5,.24.,200,."Parking,Restrlctiori.,'Nb'pe~;~Qn';,or"bus.iness.ent i.ty,hol.d.ingia..,
For-Hi.re VenJcle :!~~Gens'e:';shaH:·allow,cause,'9rp'eTrn~~:more rthan .two "fo'r-hi.re vehi.cles
',9wn ed,or cont'ro.l.Iedby 'it,to ll'~parked,,ip~an~¢d,,:9'Ji..the public streets of 'the Cityatanygiventime.'"'.!,','. -:","
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,5.24.210 Numbe~ofPasieng~r~Restricted.No driver shall
permit more persons to be carried i~a,ve~icle for hire a~passengers
than the rated seating ,capaci t y,of'his~'·vhejcle as stated in the license
for said vehicle.A child in ,armsshal'J.not be counted as a passenger.
5. 24 . 220 Pl'oh i bit ed Act s of Dr i ve l's .Ttis 1.1 n law f u1 for
any driver of a for-hirevell1cle to engage In selling iritoxicating
liquor or corttolled substances,or to solicit business for any h6use
of ill repute,or use'his yehicle for any purposa other than the
transpoTt~n~6£passengers.
5.24.230 Public Service Requirements.All persons engaged
in th~vehicle for hire busines~in the City ope~a~ing under the
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pr ov i si o ns .of this Chal)'tershall render an ,ovor-:a11 servi.c e.to t.he
pu b Li c desiring to use their vehiclesfoj<hiro.Holders of Li c.ens es
.shall ma i.nt.a i n ,1 place of business and 'keep the same open,for twenty-
fOUT hours a day fbr the purpQse of receiving Gall~anddispatchi~g
vehicl-es.They shall answer all calls'r-e ce i v ed by them f or services
.i ns id e the corporate limits of the City as soon as .the y c anid o so,and:
if said serVices cannot be rendered within a reasonable time,they
shall then notify the p r.o spe c t i.ve p ass en ger.s ihow long i.tvwiIL he
bef6re ~hesaid caI1 cari be answe~ed indEiv~the i~ason therefor ..
5.24.240 Suspension oT'Revocation,ofLiceJl.s.e.The City
Council may r~voKe or ;;uspend any vehicle foY·hire driver's license or
.any d ri ve r ' s 'permit on the following grounds:
"'i.
A. A driver's convittion ~n ~ny cou~t'of rec~1.e~s'drivi~g,, .
driving while unde~the influence'of iptoxicating liq00r and/br ~yugs,.
or a judi~ial findingthrtt a driver is~.hahit~ar traffic offender.
~.Th~'failure or refusal to ~rov~d~:bVeY~a1l serVice to the
pUblic,witho~t cause .
.5.24.250 Penalty ...Any person willfully violating any
provision,of this ,Chapter .s ha I'I be guil ty of a mi.sd eme ano r and shall
be punished.by a fine not to exceed $500.or by imprisonment in jail
for not more th a'n six mon t.h s ,or by 'bo th such fine and .impris onmen t .
Each day in which the violation continues Shall constitute a
separate Offense.
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and APPROVED by the'Mayor this
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~"!!!PASSED.bv t~:e'ei.t y.Co unci 1.
O·-day of ~{r':'Aet:..,1980.:
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APPROVED AS TO FORM:....... .Q'..05"
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