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HomeMy WebLinkAbout2016-019 Taxicab Regulations; YMC Amendment Ch. 5.78 ORDINANCE NO. 2016 -019 AN ORDINANCE relating to the operation of taxicabs within the City of Yakima and amending Chapter 5.78 of the Yakima Municipal Code. WHEREAS, the City Council finds and determines that approval of the attached amendments would serve to better equalize the licensing and regulatory requirements for taxicab drivers and transportation network company drivers. WHEREAS, the City Council finds and determines that approval of such amendments is in the best interests of the residents of the City of Yakima and will promote the general health, safety and welfare; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 5.78.020— Definitions —of the Taxicabs and Vehicles for Hire Ordinance is hereby amended to read as follows: 5.78.020 Definitions "Digital network," wherever used in this chapter, means an Internet - enabled platform or application used to connect passengers with TNC drivers. "For -hire vehicle," wherever used in this chapter, means a "taxicab" or "sightseeing car," but does not include "limousine service," or "transportation network company vehicle." "Limousine service," wherever used in this chapter, means every self - propelled vehicle, commonly referred to as a limousine, with seating capacity for four to sixteen persons, excluding the driver. Limousine services are regulated by RCW 81.90 et seq. and not by this section of the Yakima Municipal Code. "Sightseeing car," wherever used in this chapter, means every motor vehicle used for the transportation for hire of passengers used exclusively for sightseeing purposes over a fixed route and charging a regularly established fare for each trip. "Taxicab," wherever used in this chapter, means every motor vehicle used for the transportation of passengers for hire and not operated exclusively over a fixed route. "Taxicab" does not mean a "limousine service," or "transportation network company vehicle." "Taxicab stand," wherever used in this chapter, means that portion of any street set aside and designated as parking or standing space to be occupied by for -hire vehicles. "Taximeter," wherever used in this chapter, means any instrument or device by which the charge for hire is mechanically or electronically measured or calculated either for the distance traveled or for the time waiting, or both, upon which such charges shall be indicated by means of figures. (Ord. 3310 § 1, 1990: Ord. 1959 § 1, 1976; Ord. 1030, 1968: Ord. 147 § 2, 1960). 1 "Transportation Network Company" or "TNC," wherever used in this chapter, means an entity that uses a digital network to connect passengers to TNC drivers who use personal vehicles to transport passengers for compensation between geographical points chosen by the passenger. "TNC driver," wherever used in this chapter, means an individual who uses a personal vehicle to provide transportation services arranged through a TNC's digital network. "TNC vehicle," wherever used in this chapter means a personal vehicle used by a TNC driver to provide transportation services arranged through a TNC's digital network Section 2. Section 5.78.050 — Application for license— Information required of the Taxicabs and Vehicles for Hire Ordinance is hereby amended to read as follows: 5.78.050 Application for license— Information required. All applications for for -hire vehicle licenses shall be made on forms provided by the city clerk and shall include the following information: A. The make, model by year, license number and motor number of the vehicle to be licensed; B. The name of the person who owns the vehicle to be licensed; C. The assumed business name of the person, firm or corporation engaged in the business which will operate the vehicle to be licensed; D. The distinguishing color scheme design, including any monogram or insignia, which will be used on the vehicle to be licensed; E. Documentation that the vehicle sought to be licensed has been inspected by an ASE certified mechanic or the Yakima Police Department. Such inspection shall include an inspection of the foot and emergency brakes, steering, windshield, rear window, other glass, windshield wipers, headlights, tail lights, turn indicator lights, braking lights, front seat adjustment mechanism, doors, horn, speedometer, bumpers, steering system, muffler, exhaust, tires, rear view mirrors, and safety belts. The inspection must ensure that all of the components listed are in proper functioning order. If the vehicle is inspected by the Yakima Police Department it shall be at the applicant's expense, and to be paid in advance; F. Such other information as the city clerk may require in order to effectively administer the provisions and regulations of this chapter. (Ord. 3136 § 1, 1988: Ord. 1030 § 3, 1968: Ord. 147 § 5, 1960). Section 3. Section 5.78.180 —City driver's license — Application— Information required — of the Taxicabs and Vehicles for Hire Ordinance is hereby amended to read as follows: 5.78.180 City for -hire driver's license — Application— Information required. Each applicant shall state on the form provided, his name, age, place of birth, place or places of residence for five years prior to the date of making application, the length of time he has resided in the city, marital status, last place of employment with name and address of employer; whether 2 he has been previously licensed as a driver and if so, where; if his license has ever been suspended or revoked and if so, the date and cause. (Ord. 147 § 18, 1960). Each applicant shall provide documentation that a full criminal background check, going back at least 7 years, has been completed on the applicant through the Washington State Patrol and Federal Bureau of Investigation criminal databases or through a City- approved third party vendor and was reviewed as required in this chapter. If a criminal background check is not conducted through an approved entity, then the applicant shall consent to be fingerprinted and the City will conduct a state and national Washington State Patrol and Federal Bureau of Investigation criminal background check at applicant's expense, and to be paid in advance. Section 4. Section 5.78.190 —City driver's license — Qualifications —of the Taxicabs and Vehicles for Hire Ordinance is hereby amended to read as follows: 5.78.190 City for -hire driver's license — Qualifications. Each applicant for a city driver's license provided for in this chapter shall: 1. Be at least twenty -one years of age; 2. Be duly licensed to operate a motor vehicle for hire under the laws of the state of Washington and the City of Yakima; 3. Certify under the penalty of perjury that they have no known physical or mental infirmity which jeopardizes their ability to safely operate as a for -hire vehicle driver transporting the public; 4. Not have been convicted, within seven years preceding the time of making the application, of crimes involving driving under the influence of alcohol or controlled substances, felony fraud, sexual offenses, felony property damage or theft, acts of violence, acts of harassment or stalking, reckless driving or negligent driving, or use of a motor vehicle to commit a felony. For purposes of this section, the term "criminal conviction" includes a "conviction or other disposition adverse to the subject" as defined under RCW 10.97.030, and bail forfeitures; 5. Not have been convicted or found to have committed either: 1) any one infraction for negligent driving or 2) three or more moving violations during any twelve (12) month period during the three (3) years prior to operating as a for -hire vehicle driver in Yakima. Section 5. Effective Date. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. 3 PASSED BY THE CITY COUNCIL, signed and approved this 1st day of November, 2016. ATTEST: AK►At \ h - Co y° 7, ep gait_ r •214\ 1111 *kS ► • Sonya■CJaar Tee, City Clerk V L j • , > * � I I N C Publication Date: November 4, 2016 • Effective Date: December 4, 2016 4 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 9. For Meeting of: November 1, 2016 ITEM TITLE: Ordinance adding Chapter 5.79 relating to Transportation Network Companies and Amendments to Chapter 5.78: Taxicabs SUBMITTED BY: Ryan Bleek, Assistant City Attorney Sara Watkins, Senior Assistant City Attorney SUMMARY EXPLANATION: As requested by the City Council at its October 18, 2016 meeting, attached please find a proposal for a new Chapter to the Yakima Municipal Code that regulates "Transportation Network Companies (TNC)," which includes business such as Uber and Lyft. A previous version of this ordinance was drafted and sent to Jonathan Hopkins of Uber for comment. His comments were considered and the ordinance was revised for the November 1, 2016 meeting. The TNC ordinance requires, in part, the state - mandated insurance amounts for TNCs, background checks, vehicle inspections and allows the City to audit TNC's records. Staff also provides proposed amendments to the Taxicab ordinance, Chapter 5.78. On October 25, 2016 staff met with the taxicab companies and discussed possible changes to the taxicab regulations that would be similar to the proposed TNC regulations. At that meeting, the taxicab companies indicated that they did not want to change Chapter 5.78 (such as removal of the requirement for each driver to have a City driver's license to drive a taxicab) based in part on their business model. Staff made the decision to separate the two business types into their own chapters of the municipal code as a result of the conversations and meetings that were held with the taxicab companies and the Uber representative. Some minor amendments are proposed for the taxicab ordinance which would allow them to conduct their own background checks through an approved third party vendor and vehicle inspections through a certified mechanic (with the ability for the City to audit the company's records in the event the checks and inspections are done). These items are consistent with the TNC ordinance. The definition section was also changed to make clear that a TNC vehicle would not fall under the taxicab section. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Safety APPROVED FOR City Manager SUBMITTAL: STAFF RECOMMENDATION: Pass ordinance. BOARD /COMMITTEE RECOMMENDATION: The public safety committee recommended sending a previous version of the ordinance to the full Council for review. ATTACHMENTS: Description Upload Date Type Ordinance - Taxicabs & Vehicles for Hire -Ch 5.78 10/26/2016 Ordinance Amended -FINAL Ordinance - Taxicabs & Vehicles for Hire -Ch 5.78 10/26/2016 Ordinance Amended - Redline ❑ UBER -TNC Ordinance - Adding Ch. 5.79 -FINAL 10/26/2016 Ordinance ORDINANCE NO. 2016 - AN ORDINANCE relating to the operation of taxicabs within the City of Yakima and amending Chapter 5.78 of the Yakima Municipal Code. WHEREAS, the City Council finds and determines that approval of the attached amendments would serve to better equalize the licensing and regulatory requirements for taxicab drivers and transportation network company drivers. WHEREAS, the City Council finds and determines that approval of such amendments is in the best interests of the residents of the City of Yakima and will promote the general health, safety and welfare; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 5.78.020— Definitions —of the Taxicabs and Vehicles for Hire Ordinance is hereby amended to read as follows: 5.78.020 Definitions "Digital network," wherever used in this chapter, means an Internet - enabled platform or application used to connect passengers with TNC drivers. "For -hire vehicle," wherever used in this chapter, means a "taxicab" or "sightseeing car," but does not include "limousine service," or "transportation network company vehicle." "Limousine service," wherever used in this chapter, means every self - propelled vehicle, commonly referred to as a limousine, with seating capacity for four to sixteen persons, excluding the driver. Limousine services are regulated by RCW 81.90 et seq. and not by this section of the Yakima Municipal Code. "Sightseeing car," wherever used in this chapter, means every motor vehicle used for the transportation for hire of passengers used exclusively for sightseeing purposes over a fixed route and charging a regularly established fare for each trip. "Taxicab," wherever used in this chapter, means every motor vehicle used for the transportation of passengers for hire and not operated exclusively over a fixed route. "Taxicab" does not mean a "limousine service," or "transportation network company vehicle." "Taxicab stand," wherever used in this chapter, means that portion of any street set aside and designated as parking or standing space to be occupied by for -hire vehicles. "Taximeter," wherever used in this chapter, means any instrument or device by which the charge for hire is mechanically or electronically measured or calculated either for the distance traveled or for the time waiting, or both, upon which such charges shall be indicated by means of figures. (Ord. 3310 § 1, 1990: Ord. 1959 § 1, 1976; Ord. 1030, 1968: Ord. 147 § 2, 1960). "Transportation Network Company" or "TNC," wherever used in this chapter, means an entity that uses a digital network to connect passengers to TNC drivers who use personal vehicles to transport passengers for compensation between geographical points chosen by the passenger. 1 "TNC driver," wherever used in this chapter, means an individual who uses a personal vehicle to provide transportation services arranged through a TNC's digital network. "TNC vehicle," wherever used in this chapter means a personal vehicle used by a TNC driver to provide transportation services arranged through a TNC's digital network Section 2. Section 5.78.050 — Application for license— Information required of the Taxicabs and Vehicles for Hire Ordinance is hereby amended to read as follows: 5.78.050 Application for license— Information required. All applications for for -hire vehicle licenses shall be made on forms provided by the city clerk and shall include the following information: A. The make, model by year, license number and motor number of the vehicle to be licensed; B. The name of the person who owns the vehicle to be licensed; C. The assumed business name of the person, firm or corporation engaged in the business which will operate the vehicle to be licensed; D. The distinguishing color scheme design, including any monogram or insignia, which will be used on the vehicle to be licensed; E. Documentation that the vehicle sought to be licensed has been inspected by an ASE certified mechanic or the Yakima Police Department. Such inspection shall include an inspection of the foot and emergency brakes, steering, windshield, rear window, other glass, windshield wipers, headlights, tail lights, turn indicator lights, braking lights, front seat adjustment mechanism, doors, horn, speedometer, bumpers, steering system, muffler, exhaust, tires, rear view mirrors, and safety belts. The inspection must ensure that all of the components listed are in proper functioning order. If the vehicle is inspected by the Yakima Police Department it shall be at the applicant's expense, and to be paid in advance; F. Such other information as the city clerk may require in order to effectively administer the provisions and regulations of this chapter. (Ord. 3136 § 1, 1988: Ord. 1030 § 3, 1968: Ord. 147 § 5, 1960). Section 3. Section 5.78.180 —City driver's license — Application— Information required — of the Taxicabs and Vehicles for Hire Ordinance is hereby amended to read as follows: 5.78.180 City for -hire driver's license — Application— Information required. Each applicant shall state on the form provided, his name, age, place of birth, place or places of residence for five years prior to the date of making application, the length of time he has resided in the city, marital status, last place of employment with name and address of employer; whether he has been previously licensed as a driver and if so, where; if his license has ever been suspended or revoked and if so, the date and cause. (Ord. 147 § 18, 1960). Each applicant shall provide documentation that a full criminal background check, going back at least 7 years, has been completed on the applicant through the Washington State Patrol and 2 Federal Bureau of Investigation criminal databases or through a City- approved third party vendor and was reviewed as required in this chapter. If a criminal background check is not conducted through an approved entity, then the applicant shall consent to be fingerprinted and the City will conduct a state and national Washington State Patrol and Federal Bureau of Investigation criminal background check at applicant's expense, and to be paid in advance. Section 4. Section 5.78.190 —City driver's license — Qualifications —of the Taxicabs and Vehicles for Hire Ordinance is hereby amended to read as follows: 5.78.190 City for -hire driver's license — Qualifications. Each applicant for a city driver's license provided for in this chapter shall: 1. Be at least twenty -one years of age; 2. Be duly licensed to operate a motor vehicle for hire under the laws of the state of Washington and the City of Yakima; 3. Certify under the penalty of perjury that they have no known physical or mental infirmity which jeopardizes their ability to safely operate as a for -hire vehicle driver transporting the public; 4. Not have been convicted, within seven years preceding the time of making the application, of crimes involving driving under the influence of alcohol or controlled substances, felony fraud, sexual offenses, felony property damage or theft, acts of violence, acts of harassment or stalking, reckless driving or negligent driving, or use of a motor vehicle to commit a felony. For purposes of this section, the term "criminal conviction" includes a "conviction or other disposition adverse to the subject" as defined under RCW 10.97.030, and bail forfeitures; 5. Not have been convicted or found to have committed either: 1) any one infraction for negligent driving or 2) three or more moving violations during any twelve (12) month period during the three (3) years prior to operating as a for -hire vehicle driver in Yakima. Section 5. Effective Date. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. 3 PASSED BY THE CITY COUNCIL, signed and approved this 1S day of November, 2016. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: 4 ORDINANCE NO. 2016 - AN ORDINANCE relating to the operation of taxicabs within the City of Yakima and amending Chapter 5.78 of the Yakima Municipal Code. WHEREAS, the City Council finds and determines that approval of the attached amendments would serve to better equalize the licensing and regulatory requirements for taxicab drivers and transportation network company drivers. WHEREAS, the City Council finds and determines that approval of such amendments is in the best interests of the residents of the City of Yakima and will promote the general health, safety and welfare; now, therefore BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 5.78.020— Definitions —of the Taxicabs and Vehicles for Hire Ordinance is hereby amended to read as follows: 5.78.020 Definitions "Digital network," wherever used in this chapter, means an Internet - enabled platform or application used to connect passengers with TNC drivers. "For -hire vehicle," wherever used in this chapter, means a "taxicab" or "sightseeing car," but does not include "limousine service" or "transportation network company vehicle." "Limousine service," wherever used in this chapter, means every self - propelled vehicle, commonly referred to as a limousine, with seating capacity for four to sixteen persons, excluding the driver. Limousine services are regulated by RCW 81.90 et seq. and not by this section of the Yakima Municipal Code. "Sightseeing car," wherever used in this chapter, means every motor vehicle used for the transportation for hire of passengers used exclusively for sightseeing purposes over a fixed route and charging a regularly established fare for each trip. "Taxicab," wherever used in this chapter, means every motor vehicle used for the transportation of passengers for hire and not operated exclusively over a fixed route. "Taxicab" does not mean a "limousine service " or "transportation network company vehicle." "Taxicab stand," wherever used in this chapter, means that portion of any street set aside and designated as parking or standing space to be occupied by for -hire vehicles. "Taximeter," wherever used in this chapter, means any instrument or device by which the charge for hire is mechanically or electronically measured or calculated either for the distance traveled or for the time waiting, or both, upon which such charges shall be indicated by means of figures. (Ord. 3310 § 1, 1990: Ord. 1959 § 1, 1976; Ord. 1030, 1968: Ord. 147 § 2, 1960). "Transportation Network Company" or "TNC," wherever used in this chapter, means an entity that uses a digital network to connect passengers to TNC drivers who use personal vehicles to transport passengers for compensation between geographical points chosen by the passenger. "TNC driver," wherever used in this chapter, means an individual who uses a personal vehicle to provide transportation services arranged through a TNC's digital network. "TNC vehicle," wherever used in this chapter means a personal vehicle used by a TNC driver to provide transportation services arranged through a TNC's digital network Section 2. Section 5.78.050 — Application for license— Information required of the Taxicabs and Vehicles for Hire Ordinance is hereby amended to read as follows: 5.78.050 Application for license— Information required. All applications for for -hire vehicle licenses shall be made on forms provided by the city clerk and shall include the following information: A. The make, model by year, license number and motor number of the vehicle to be licensed; B. The name of the person who owns the vehicle to be licensed; C. The assumed business name of the person, firm or corporation engaged in the business which will operate the vehicle to be licensed; D. The distinguishing color scheme design, including any monogram or insignia, which will be used on the vehicle to be licensed; E. Documentation that the vehicle sought to be licensed has been inspected by an ASE certified mechanic or the Yakima Police Department. Such inspection shall include an inspection of the foot and emergency brakes, steering, windshield, rear window, other glass, windshield wipers, headlights, tail lights, turn indicator lights, braking lights, front seat adjustment mechanism, doors, horn, speedometer, bumpers, steering system, muffler, exhaust, tires, rear view mirrors, and safety belts. The inspection must ensure that all of the components listed are in proper functioning order. If the vehicle is inspected by the Yakima Police Department it shall be at the applicant's expense, and to be paid in advance; FE. Such other information as the city clerk may require in order to effectively administer the provisions and regulations of this chapter. (Ord. 3136 § 1, 1988: Ord. 1030 § 3, 1968: Ord. 147 § 5, 1960). Section 3. Section 5.78.180 —City driver's license — Application— Information required — of the Taxicabs and Vehicles for Hire Ordinance is hereby amended to read as follows: 5.78.180 City for -hire driver's license — Application— Information required. Each applicant shall state on the form provided, his name, age, place of birth, place or places of residence for five years prior to the date of making application, the length of time he has resided in the city, marital status, last place of employment with name and address of employer; whether he has been previously licensed as a driver and if so, where; if his license has ever been suspended or revoked and if so, the date and cause_.; if he has ever been convicted of a crime and if co, list each such conviction, the approximate date thereof, the name and location of thc court, thc crimc chargcd and final disposition. (Ord. 147 § 18, 1960). 2 Each applicant shall provide documentation that a full criminal background check, going back at least 7 years, has been completed on the applicant through the Washington State Patrol and Federal Bureau of Investigation criminal databases or through a City- approved third party vendor and was reviewed as required in this chapter. If a criminal background check is not conducted through an approved entity, then the applicant shall consent to be fingerprinted and the City will conduct a state and national Washington State Patrol and Federal Bureau of Investigation criminal background check at applicant's expense, and to be paid in advance. Section 4. Section 5.78.190 —City driver's license — Qualifications —of the Taxicabs and Vehicles for Hire Ordinance is hereby amended to read as follows: 5.78.190 City for -hire driver's license — Qualifications. Each applicant for a city driver's license provided for in this chapter shall: 1. Be at least twenty -one years of age; 2. Be duly licensed to operate a motor vehicle for hire under the laws of the state of Washington and the City of Yakima; 3. Certify under the penalty of perjury that they have no known physical or mental infirmity which jeopardizes their ability to safely operate as a for -hire vehicle driver transporting the public; _ e" - - - - - . - - - . . - - e" " - doctor licensed to practice in Washington State, that applicant is free from any infirmities of body or mind likely to render him or her unfit to drive a for hire vehicle, and specifically that applicant is free from epilepsy, vertigo or heart trouble, or submit a Unitcd States Department of Transportation m e d ical c ertifi c ati o n; 4. Not have been convicted, within seventect years preceding the time of making the application, of crimes involving driving under the influence of alcohol or controlled substances, felony fraud, sexual offenses, felony property damage or theft, acts of violence, acts of harassment or stalking, reckless driving or negligent driving, or use of a motor vehicle to commit a felony. For purposes of this section, the term "criminal conviction" includes a "conviction or other disposition adverse to the subject" as defined under RCW 10.97.030 -t, and bail forfeitures;of committing any felony directly 5. Not have been convicted or forfeited bail within five years of any crime, other than the motor vchicic for hirc; 5-5. Not have been convicted or found to have committed either: 1) any one infraction for negligent driving or 2) three or more moving violations during any twelve (12) month period during the three (3) years prior to operating as a for -hire vehicle driver in Yakima.Not have committed, forfeited bail or paid a penalty within the past five years deem this requirement to be satisfied, if, after reviewing thc motor vchicic traffic fesord of an applicant, thc chief of police recommend^ _ - - - - - - - - three violation criterion of this subsection should be waived, on the grounds that one or morc of thc violations appctiaring on thc applicant's driving rccord should be 3 cuch violation(c) -' - -- - -' - -' - -' - -- - _ -- - _ . - •• - - - -- ' - Section 5. Effective Date. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. 4 PASSED BY THE CITY COUNCIL, signed and approved this 1S day of November, 2016. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk Publication Date: Effective Date: 5