HomeMy WebLinkAboutO-2851 - Amends Sec. 5.24.010, 5.24.020, 5.24.030, 5.24.050, 5.24.060, 5.24.070, 5.24.090, 5.24.100, 5.24.140, 5.24.150, 5.24.210 and 5.24.240, for-hire vehicles (5.24)CITY OF MARYSVILLE
Marysville, Washington
ORDINANCE No.l8S(
AN ORDINANCE OF THE CITY OF MARYSVILLE RELATING
TO THE REGULATION AND LICENSING OF TAXIS AND FOR
HIRE VEHICLES BUSINESSES AND DRIVER PERMITS;
AMENDING SECTIONS 5.24.010, 5.24.020, 5.24.030, 5.24.050,
5.24.060, 5.24.070, 5.24.090, 5.24.100, 5.24.140, 5.24.150, 5.24.210,
AND 5.24.240 OF CHAPTER 5.24 OF THE MARYSVILLE
MUNICIPAL CODE.
WHEREAS, the City Administration recommends that certain changes be made to
the Chapter 5.24 of the Marysville Municipal Code to provide for more effective and
streamlined licensing and regulation of taxis and for-hire vehicles businesses and drivers;
and
WHEREAS, the City Council finds that it is in the best interests of the citizens of
the City of Marysville to enact legislation to carry out the recommended changes to
Chapter 5.24 of the Marysville Municipal Code to provide for more effective and
streamlined licensing and regulation of taxis and for-hire vehicle businesses and drivers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
MARYSVILLE, WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. Section 5.24.0 I0 of Chapter 5.24 of the Marysville Municipal
Code is hereby amended to read as follows:
"5.24.010 Definitions.
The following words and phrases when used in this chapter have the meanings as set
out in this section:
(1) "Convalescent coaches" means motor vehicles for hire designed for the
transportation of handicapped persons who by reason of physical or mental infinnity
may not be conveniently transported on public mass transportation vehicles or in
taxicabs or who cannot drive their own automobile. The patients transported by such
vehicles shall be limited to the following classes ofpatients:
(a) Patients transported by wheel chair must be able to get into the chair with the help
of one person;
(b) Patients must be stable and able to take care of themselves;
(c) Patients must not be incapacitated by medication nor need oxygen or aid en route;
(d) Litter patient may be transported if he meets requirements specified in paragraphs
(b) and (c) of this subsection.
(2) "For-hire vehicle" means and includes every motor vehicle used for the
transportation of passengers for hire, and not operated exclusively over a fixed and
defined route. This term shall also include motor vehicles designated as "taxicabs"
and "convalescent coaches."
(3) "Manifest" means a daily record prepared by a taxicab driver of all trips made by
said driver showing time and place of origin, destination, number of passengers and
the amount of the fare of each trip.
(4) "Person" includes an individual, a corporation or other legal entity, a partnership
and any unincorporated association.
(5) "Rate card" means a card issued by the licensing specialist and/or designee for
display in each taxicab which contains the rates of fare then in force.
(6) "Taxicab" means a for-hire vehicle operated to a destination determined by the
passenger, with the fare based upon the amount recorded and indicated on a
taximeter.
(7) "Taximeter" means a permanently mounted instrument or device by which the
charge for hire of a taxicab is calculated either for distance traveled by the vehicle or
for waiting, or for both, and upon which such charges shall be indicated by means of
dollars and cents.
(8) "Waiting time" means the time when a vehicle for hire 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 the
request, act or default of a passenger or passengers."
Section 2. Section 5.24.020 of Chapter 5.24 of the Marysville Municipal
Code is hereby amended to read as follows:
"5.24.020 For-hire business license required.
It is unlawful to operate any motor vehicle for hire, including taxicabs and
convalescent coaches, over or upon or along any of the streets or alleys of the city
without baving procured a for-hire vehicle license from the licensing specialist and/or
designee. The provisions of this chapter shall not apply to motor vehicles operated by
any municipal or privately owned, licensed nonprofit transit system; or ambulances
operated by, or on behalf of, any local municipality."
Section 3. Section 5.24.030 of Chapter 5.24 of the Marysville Municipal
Code is amended to read as follows:
"5.24.030 For-hire vehicle business license application.
Applicants for for-hire vehicle licenses shall furnish the following information:
(1) Completed driver's permit application in accordance with MMC 5.24.090 for each
driver that will be driving for the business.
(2) The financial status of the applicant including the amounts of all unpaid
judgments against the applicant and the nature of the transaction or acts giving rise to
said judgments;
(3) The experience of the applicant in the transportation of passengers;
(4) Any facts which establish that public convenience and necessity reqUire the
granting of the license;
(5) The number of vehicles to be operated or controlled by the applicant and the
location of proposed depots and terminals;
(6) Proposed rate card indicating the current rates to be charged to passengers;
(7) For each for-hire vehicle, the company vehicle number therefor, the make, model
and identifying color scheme, monogram or insignia, and serial number of the
vehicle;
(8) If the applicant is a corporation, it shall accompany the application with a list of
the names and addresses of all officers, directors and stockholders;
(9) 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;
(10) Such further information as the licensing specialist and/or designee may require."
Section 4. Section 5.24.050 of Chapter 5.24 of the Marysville Municipal
Code is amended to read as follows:
"5.24.050 Liability insurance.
(1) Every applicant shall file with the licensing specialist and/or designee proof of a
current and subsisting policy or policies of public liability insurance, approved as to
sufficiency by the licensing specialist and/or designee, and as to form by the city
attorney, issued by an insurance company or companies authorized to do business in
the state, providing liability insurance coverage for each and every vehicle for hire
owned, operated and/or leased by the applicant. Such insurance shall be in the sum
of $100,000 for the injury or death of one person, or $300,000 for the injury or
death of more than one person in anyone accident, and $50,000 for property
damage.
(2) Every such policy of insurance shall continue to the full amount thereof
notwithstanding any recovery thereon and shall provide that the liability of the
insurer shall not be affected by the insolvency or bankruptcy of the insured. The
policy shall be for the benefit of any and all judgment creditors. Each insurance
policy required hereunder shall extend for the period covered by the license applied
for and the insurer shall be obliged to give not less than 10 days' written notice to
the licensing specialist and/or designee in the event of any change or cancellation."
Section 5. Section 5.24.060 of Chapter 5.24 of the Marysville Municipal
Code is amended to read as follows:
"5.24.060 Issuance of for-hire vehicle business license.
The licensing specialist and/or designee shall issue a for-hire vehicle business license
upon receipt of a completed business application license in accordance with MMC
5.24.030, a criminal record background check that demonstrates the criteria of MMC
5.24.040 have are met, satisfactory police department inspection, submission of proof
of insurance in accordance with MMC 5.24.050, payment of the prescribed vehicle
license fee, and compliance with all other applicable provisions of this chapter."
Section 6. Section 5.24.070 of Chapter 5.24 of the Marysville Municipal
Code is amended to read as follows:
"5.24.070 License fees.
(1) The license fees are fixed in the amounts shown in the following schedule:
(a) For-hire vehicle business license: $165.00 per year for each business;
(b) Driver's permit: $45.00 for initial permit and $35.00 for renewal of permit. To
qualify for a renewal, applicant must have been licensed the previous year without
allowing license to lapse for more than 20 days.
(2) All fees shall be payable annually in advance and no pro-rated fee shall be
allowed."
Section 7. Section 5.24.090 of Chapter 5.24 of the Marysville Municipal Code is
amended to read as follows:
"5.24.090 Driver's permit -Application.
An application for a for-hire driver's permit shall be filed with the licensing specialist
and/or designee on forms provided by the city. Such application shall be sworn to by
the applicant and shall contain the following information:
(I) The experience of the applicant in the transportation of passengers;
(2) A concise history of his employment for the past five years;
(3) A picture of the applicant;
(4) Applicant for a for hire vehicle driver's license must submit, at the applicant's
expense of $26, to fingerprinting by the Marysville police department and shall submit
a copy of the fingerprints in envelope sealed by the Marysville police department with
his/her application.
(5) Proof of the applicant's current status as a licensed driver in the state of
Washington;
(6) The applicant's driving record for the past five years;
(7) The applicant's criminal record for the past five years, relating to abuse of alcohol
and/or controlled substances, crimes of moral turpitude, prostitution, gambling,
dishonesty, physical violence and fraud.
(8) Name of for-hire vehicle business the applicant will be driving for. The business
must have a city for-hire vehicle business license in good standing or have submitted
as a new applicant for business license prior to applicant's application or it will not be
accepted."
Section 8. Section 5.24.100 of Chapter 5.24 of the Marysville Municipal
Code is amended to read as follows:
"5.24.100 Issuance of driver's permit.
(1) No driver's permit shall be issued if the applicant has been convicted of a crime
relating to the abuse of alcohol and/or controlled SUbstances, or a crime of moral
turpitude, prostitution, gambling, dishonesty, physical violence and fraud within the
preceding five years.
(2) No driver's permit shall be issued without approval of the chief of police or his/her
designee.
(3) Upon finding that an applicant for a driver's permit meets the requirements of this
chapter, the licensing specialist and/or designee shall issue such a permit, which shall
bear the name, address, signature and photograph of the applicant. Such a permit shall
be in effect for the remainder of the calendar year and shall be subject to annual
renewal."
Section 9. Section 5.24.140 of Chapter 5.24 of the Marysville Municipal
Code is amended to read as follows:
"5.24.140 Rate schedule.
Every person, firm or corporation operating a for-hire vehicle in the city shall file with
the licensing specialist and/or designee the schedule of rates to be charged for the
operation of their vehicle within the city limits. It is unlawful for any person, firm or
corporation to make any other charges, either more or less, for the services rendered by
such person, firm or corporation than as set forth in the rate schedule. Such person,
firm or corporation shall further cause to be posted in every vehicle a card containing a
schedule of the rates. The card shall be posted in a prominent place in the vehicle and
the chief of police shall have the power in his discretion to designate the place of
posting in the vehicle and the size of the card; provided, that the filed rates shall not be
changed until the proposed changes in rates are filed with the licensing specialist
and/or designee for a period of 30 days."
Section 10. Section 5.24.150 of Chapter 5.24 of the Marysville Municipal
Code is amended to read as follows:
"5.24.150 Call record required -Inspection.
For-hire vehicle businesses shall keep at their business offices a chronological record
showing each call for service which is ordered or made, and the name of the driver
who responded thereto, the number of the vehicle, the time and place of the origin and
of the end of each vehicle trip, and the fee charged, and shall upon request of any
person paying a vehicle charge, furnish a receipt showing such information. Such
records shall at all reasonable times be open to the inspection of the licensing specialist
and/or designee or chief ofpolice or the agents of either."
Section 11. Section 5.24.210 of Chapter 5.24 of the Marysville Municipal
Code is amended to read as follows:
"5.24.210 Number of passengers restricted.
No driver shall permit more persons to be carried in a vehicle for hire as passengers
than the rated seating capacity of his vehicle as stated in the license for said vehicle."
Section 12. Section 5.24.240 of Chapter 5.24 of the Marysville Municipal
Code is amended to read as follows:
"5.24.240 Suspension or revocation of license.
The Hearing Examiner may revoke or suspend any vehicle for hire driver's license or
any driver's permit on the following grounds:
(1) A driver's conviction in any court of reckless driving, driving while under the
influence of intoxicating liquor and/or controlled substance, or a judicial finding that
a driver is a habitual traffic offender;
(2) A conviction of a driver, or an owner, operator or manager of a for-hire vehicle
business, of a crime of moral turpitude or one involving intent to defraud;
(3) The charging of passengers more than the maximum fares provided for herein;
(4) The failure or refusal to provide overall service to the public, without cause."
Section 13. Severability. If any word, phrase, sentence, provision, or portion
of this ordinance is declared to be invalid or unenforceable, it shall not affect validity or
enforceability of the remaining words, phrases, sentences, provisions or portions of this
ordinance.
Section 14. Effective Date. This ordinance shall take effect and be in force
five (5) days after its passage, approval and publication as provided by law.
PASSED by the City Council and APPROVED by the Mayor this ) i rh day of
~2011.
CITY OF MARYSVILLE
~
ATTEST:
~O~ Ap H)'Britm, Deputy City Clerk
APPROVED AS TO F0RN()
/J.M=r-J1({AJpey
Grant K. Weed, CIty Attorney.
Date of Publication: !d1?,ulil!./-{ 23;201 1
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