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HomeMy WebLinkAbout2016-025 Transportation Network Companies; YMC Amendment 5.79 ORDINANCE NO. 2016 -025 AN ORDINANCE relating to amendments to the Transportation Network Companies Ordinance of the Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 5.79.040 —TNC driver requirements —of the Transportation Network Companies Ordinance is hereby amended to read as follows: 5.79.040 TNC driver requirements. A. TNC drivers shall certify under the penalty of perjury that they have no known physical or mental infirmity which jeopardizes their ability to safely operate as a TNC driver transporting the public. B. TNC drivers shall be at least twenty -one (21) years of age. C. TNC drivers shall possess a valid Washington State driver's license and shall have been continuously licensed as a driver by the State of Washington and /or another state for at least one (1) year immediately prior to operating as a TNC driver in Yakima. A home state Driver's License with active Military ID or Student ID with proof of full -time enrollment and nonresident status may be an acceptable alternative, subject to review and approval. D. TNC drivers shall 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 TNC driver in Yakima. E. TNC drivers shall possess proof of motor vehicle registration and proof of current in -state automobile liability insurance. The TNC shall certify that it maintains insurance coverage for use of the vehicle for transportation of passengers for -hire as required by RCW Chapter 48.177.010 as enacted or subsequently amended. Section 2. Section 5.79.050 —TNC requirements —of the Transportation Network Companies Ordinance is hereby amended to read as follows: 5.79.050 TNC requirements. A. The TNC or its agent shall maintain accurate and up -to -date records for all TNC drivers accessing its digital network to provide TNC services in the City of Yakima. Said records shall include the driver's name, age, address, social security number, criminal history, driver's license, motor vehicle registration, vehicle safety inspection records, and proof of at least the minimum automobile liability insurance coverage required by the State of Washington, including insurance for use of the vehicle for transportation of passengers for -hire as required by RCW Chapter 48.177.010 as enacted or subsequently amended. 1 B. Prior to permitting a person to act as a TNC driver on its digital network, and annually thereafter, the TNC 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 (7) 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 multi- state /multi - jurisdiction criminal records locator or other similar commercial nationwide database with validation and the U.S. Department of Justice National Sex Offender Public Website. The TNC shall not permit a person to act as a TNC Driver on its Digital Network who is a match in the U.S. Department of Justice National Sex Offender Public Website, is considered a habitual traffic offender under RCW 46.65, or who has a criminal conviction, within the past seven (7) years, of any violent offense defined by RCW 9.94A.030(55), any serious violent offense defined by RCW 9.94A.030(46), any most serious offense defined by RCW 9.94A.030(33), any sexual offense defined by RCW 9.94A.030(47), cyberstalking under RCW 9.61.260, harassment under RCW 9A.46.020, stalking under RCW 9A.46.110, any offense under RCW 9A.36, or a driving under the influence, reckless driving, hit and run, or any other driving - related crime within RCW 46.61.500 -.540. The TNC or its agents shall maintain records of such criminal background checks for a period of two (2) years. 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. C. Paragraph (B) shall apply regarding a conviction of any offense committed in another jurisdiction that includes all of the elements of any of the offenses described or defined in that paragraph. D. The TNC shall only permit an individual to act as a TNC driver on its digital network if it finds that the standards set forth in this section and section 5.79.040 are met by such individual. The TNC shall revoke a driver's authority to act as a TNC driver on its digital network if the standards set forth in this section and section 5.79.040 are not met. Section 3. Section 5.79.070— Insurance requirements —of the Transportation Network Companies Ordinance is hereby amended to read as follows: 5.79.070 Insurance requirements. The TNC and TNC driver shall comply with the automobile liability insurance requirements set forth in this chapter and as contained in RCW Chapter 48.177.010 as enacted or subsequently amended. Section 4. Section 5.79.090— Audit —of the Transportation Network Companies Ordinance is hereby amended to read as follows: 5.79.090 Audit. A. No more than once per license year, Administration may audit the TNC's records to review compliance with this chapter. Each audit shall be limited to all relevant records required by this chapter relating to no more than twenty randomly selected TNC drivers operating in the City of Yakima. In the event the audit reveals discrepancies in the records reviewed, Administration reserves 2 the right to audit other records related to the specific investigation. Any record furnished may exclude information that would tend to identify specific drivers or riders beyond their first and last names. B. The audit shall occur at City Hall, 129 North Second Street, Yakima, WA 98901; provided that the City may in its discretion agree to an alternative location. C. Notwithstanding the foregoing, the City may require the TNC to produce records directly related to an active investigation or to investigate a specific allegation of a violation regarding compliance with this chapter Section 5. Section 5.79.100 — Operational requirements —of the Transportation Network Companies Ordinance is hereby amended to read as follows: 5.79.100 Operational requirements. A. TNC drivers shall accept only rides arranged through a TNC's digital network and shall not solicit or accept street hails. B. The TNC's application 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. C. The TNC's application or website shall display for the passenger the applicable rates being charged or fare to be paid and the option to receive an estimated fare before the passenger enters the TNC vehicle. D. The TNC shall implement a zero tolerance policy on the use of drugs or alcohol applicable to any TNC driver on its digital network. The TNC shall provide notice of the zero tolerance policy on its website, as well as the procedures to report a complaint about a driver with whom the passenger was matched and for whom the passenger reasonably suspects was under the influence of drugs or alcohol during the course of the ride. The TNC shall suspend a driver as soon as possible upon receipt of a passenger complaint alleging a violation of the zero tolerance policy. The suspension shall last the duration of the investigation. E. A TNC driver shall not operate as a TNC driver in the City of Yakima unless his or her TNC vehicle equipment, including, but not limited to lights, brakes, tires, steering, seat belts, are in proper working order, and only when the TNC vehicle has a seatbelt for each passenger and is in a sanitary and safe condition for the transportation of passengers. F. No TNC driver shall allow any nonpaying passenger, except nonpaying passengers accompanied by an adult paying passenger, to ride in a TNC vehicle occupied by any paying passenger, nor shall the driver pick up any additional passengers in a TNC vehicle occupied by a paying passenger without the express consent of the paying passengers. G. No TNC driver shall allow any third -party to operate his or her TNC vehicle while the TNC driver is logged into the network of his or her affiliated TNC. 3 H. No TNC driver shall discriminate against passengers or potential passengers on the basis of race, color, national origin or ancestry, religious belief or affiliation, sex, disability, age, sexual orientation, marital status, gender identity, familial status or honorably discharged veteran or military service. Section 6. Section 5.79.110— Revocation, suspension, or denial of TNC license —of the Transportation Network Companies Ordinance is hereby amended to read as follows: 5.79.110 Revocation, suspension, or denial of TNC license. A. A TNC license may be revoked or suspended by the City Manager for any of the following reasons: 1. Failure to meet or maintain any of the requirements or qualifications set forth in this chapter for obtaining a TNC license. 2. A materially false statement contained in the application for the license. 3. Any violation of this chapter by the TNC. Any applicant who feels aggrieved by the revocation or suspension of a license by the City Manager may appeal that revocation to the city council by serving on the Yakima city clerk a notice of such appeal within five business days of the date of the revocation from which the appeal is taken, which notice shall be in writing and shall specify all the grounds relied upon by the appellant as reasons for the reissuance of the license which was revoked or suspended. After the timely filing of such a notice, the city clerk shall set a time and place for a hearing thereon by the city council, after which hearing the city council shall make a final determination on the matter. The city council may add conditions if the final determination is to reissue the license. B. A TNC license may be denied for any of the following reasons: 1. Failure to meet or maintain any of the requirements or qualifications set forth in this chapter for obtaining a TNC license. 2. A materially false statement contained in the application for the license. 3. Any violation of this chapter of obligations by the TNC. 4. Any failure to provide requested information to evaluate a license or failure to provide documents pursuant to the Audit provisions of the Chapter. Any applicant who feels aggrieved by the denial of a license by the Administration may appeal that denial to the city council by serving on the Yakima city clerk a notice of such appeal within five business days of the date of the denial from which the appeal is taken, which notice shall be in writing and shall specify all the grounds relied upon by the appellant as reasons for the issuance of the license which was denied. After the timely filing of such a notice, the city clerk shall set a time and 4 place for a hearing thereon by the city council, after which hearing the city council shall make a final determination on the matter. The city council may add conditions if the final determination is to issue the license. C. Any decision of the city council made under subsections (A) or (B) of this section may be appealed to the Yakima County Superior Court within twenty (20) calendar days of the city council's final decision. Section 7. Section 5.79.120 —TNC driver reporting requirements —of the Transportation Network Companies Ordinance is hereby amended to read as follows: 5.79.120 TNC driver reporting requirements. Every TNC driver shall report to his or her affiliated TNC within forty -eight (48) hours, the occurrence of any of the following: A. Any arrest, charge or conviction of the TNC driver for any criminal offense, or commitment of a criminal law violation that occurs during, or arises out of the TNC driver's operation of the TNC vehicle. B. Any arrest, charge or conviction of any offense listed in Section 5.79.050. C. Any vehicle accident required to be reported to the State of Washington that occurs while the TNC driver is operating as a TNC driver in the City of Yakima. D. Any restriction, suspension or revocation of the TNC driver's license to drive, insurance, or registration of the vehicle. E. Any changes in health or medical condition of the TNC driver that might cause the TNC driver to be unfit for the safe operation of any TNC vehicle. Section 8. Repealer. Section 5.79.140 — Penalties —of the Transportation Network Companies Ordinance is hereby REPEALED. Section 9. 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. PASSED BY THE CITY COUNCIL, signed and approved this 15t day of November, 2016. ATTEST: Y A, Ka by Co7� j �= yo f ` `44{ `' i t} it Sonya Cl'aar Tee, City Clerk � � _� . w ,` ; r 4 ' f Effective Date: 2016 Datte:D December 18, 2016 �� \\\ ;`` ��` 5 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT Item No. 12. For Meeting of: November 15, 2016 ITEM TITLE: Ordinance amending Chapter 5.79: Transportation Network Companies SUBMITTED BY: Ryan Bleek, Assistant City Attorney Sara Watkins, SeniorAssistant City Attorney SUMMARY EXPLANATION: As requested by the City Council at its November 1, 2016 meeting, attached please find a proposal for amendments to the Transportation Network Companies (TNC) Section of the Yakima Municipal Code. Many of the proposed amendments are primarily for the purpose of clarity, and do not represent major substantive changes. However, it should be noted that there are two changes that may appear substantive. First, under Section 1, the proposal would remove the requirement from 5.79.040 that TNC drivers certify that they have insurance that meets the requirements of RCW Chapter 48.177. The reason for this proposal is that RCW 48.177 applies only to the insurance requirements of TNCs, and not to individual drivers. Additionally, 5.79.040 as amended would still require TNC drivers to provide proof of individual insurance, and 5.79.070 further requires the TNC to maintain insurance that complies with RCW 48.177. Second, Section 8 of the attached proposal would remove the Penalties section of the TNC Ordinance. This does not mean that someone who violates the Ordinance wouldn't be subject to sanctions. Instead, like the Taxicabs and Vehicles for Hire Section of the YMC, violators would be subject to Section 5.01.010, which specifies the penalties for violations of all provisions of Title 5 of the YMC (except for 5.90— Commute Trip Reduction Program). Under 5.01.010, such violations are subject to a civil penalty for a first offense, and can be punished as a misdemeanor for subsequent violations. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Safety APPROVED FOR City Manager SUBMITTAL: ct*,0024��� STAFF RECOMMENDATION: Pass ordinance. BOARD /COMMITTEE RECOMMENDATION: ATTACHMENTS: ORDINANCE NO. 2016- AN ORDINANCE relating to amendments to the Transportation Network Companies Ordinance of the Yakima Municipal Code. BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 5.79.040 —TNC driver requirements —of the Transportation Network Companies Ordinance is hereby amended to read as follows: 5.79.040 TNC driver requirements. A. TNC drivers shall certify under the penalty of perjury that they have no known physical or mental infirmity which jeopardizes their ability to safely operate as a TNC driver transporting the public. B. TNC drivers shall be at least twenty -one (21) years of age. C. TNC drivers shall possess a valid Washington State driver's license and shall have been continuously licensed as a driver by the State of Washington and /or another state for at least one +ham (18) year immediately prior to operating as a TNC driver in Yakima. A home state Driver's License with active Military ID or Student ID with proof of full -time enrollment and nonresident status may be an acceptable alternative, subject to review and approval. M TNIG drivers shall GeFtify that they have insurapr--e- that meets the minimurn liability ci ihco`vi io itly aFneRded €D. TNC drivers shall 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 TNC driver in Yakima. E. TNC drivers shall possess proof of motor vehicle registration and proof of current in- state automobile liability insurance. The TNC shall certify that it maintains -aII rlri „orc h ",o iAs. ir;;nno +ham+ moots the req iiromon4c of 4hic nhapter, iRG1 1doRg insurance coverage for use of the vehicle for transportation of passengers for -hire as required by RCW Chapter 48.177.01048 177 as enacted or subsequently amended. Section 2. Section 5.79.050 —TNC requirements —of the Transportation Network Companies Ordinance is hereby amended to read as follows: 5.79.050 TNC requirements. A. The TNC or its agent shall maintain accurate and up -to -date records for all TNC drivers accessing its digital network to provide TNC services in the City of Yakima. Said records shall include the driver's name, age, address, social security number, criminal history, driver's license, motor vehicle registration, vehicle safety inspection records, and proof of at least the minimum automobile liability insurance coverage required by the State of Washington, including insurance for use of the ve,iicle for transportation of passengers for -hire as required by RCW Chapter 48.177.01048 477 as enacted or subsequently amended. B. Prior to permitting a person to act as a TNC driver on its digital network, and annually thereafter, the TNC shall conduct, or have a third party conduct, bta4 en`J r°.,i°,e, a criminal background check report for such person. The criminal background check shall include a search of no less than seven (7) 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 multi- state /multi - jurisdiction criminal records locator or other similar commercial nationwide database with validation IGGals +tea;,- n° +inn °I nrimin °I his and the U.S. Department of Justice National Sex Offender Public Websitepatiepal State BeV effe.p.der registFieP The TNC shall not permit a person to act as a TNC Driver on its Digital Network who pvy n °rC�e is en –a match in the U.S. Department of Justice National Sex Offender Public Websitee1 ih'OG'y- °^^°i.;sihhI-Pn° +inn °I c °v eff°n.d °r r°eic +r„ is considered a habitual traffic offender under RCW 46.65, or who has a criminal conviction, within the past seven (7) years, off any violent offense defined by RCW 9.94A.030(55), any serious violent offense defined by RCW 9.94A.030(4633), any most serious offense defined by RCW 9.94A.030(33), any sexual offense defined by RCW 9.94A.030(47), cyberstalking under RCW 9.61.260, harassment under RCW 9A.46.020, stalking under RCW 9A.46.110, any offense under RCW 9A.36, or a driving under the influence, reckless driving, hit and run, or any other driving- related crime within RCW 46.61.500 -.540. ^ri,,,°° ir„°'„iRg dFi„iRg , ,ewer +he ir,f', IRAGe of theft, meter vehin'° to nemmit a f nv She" not h° n2Kl�ted to °n+ °c ;; TAIG r✓riv nn the �C's mvrvrP �� �a�elca, -rte urrnvr�c� �v- avrcra�- T- rv- c�rrver�rm� digital eebynrk The TNC or its agents shall maintain records of such criminal background checks for a period of two (2) years. For purposes of this section, the term "criminal conviction" includes a "conviction or other disposition adverse to the subject" as defined under RCW 10.97.03049-, and bail forfeitures. C. Paragraph (B) shall apply regarding a conviction of any offense committed in another jurisdiction that includes all of the elements of any of the offenses described or defined in that Paragraph. DG. The TNC shall only permit an individual to act as a TNC driver on its digital network if it finds that the standards set forth in this section and section 5.79.040 are met by such individual. The TNC shall revoke a driver's authority to act as a TNC driver on its digital network if the standards set forth in this section and section 5.79.040 are not met. Section 3. Section 5.79.070— Insurance requirements —of the Transportation Network Companies Ordinance is hereby amended to read as follows: 2 5.79.070 Insurance requirements. A.—The TNC and TNC driver shall comply with the automobile liability insurance requirements set forth in this chapter and as contained in RCW Chapter 48.177.010 42 177Washi.,. tOR Laws of 2015, Chapter �98GtO G 1 and 2, as enacted or subsequently amended. Section 4. Section 5.79.090— Audit —of the Transportation Network Companies Ordinance is hereby amended to read as follows: 5.79.090 Audit. A. No more than once per license year, Administration may audit the TNC's records to review compliance with this chapter. Each audit shall be limited to all relevant records required by this chapter relating to no more than twenty randomly selected TNC drivers operating in the City of Yakima. In the event the audit reveals discrepancies in the records reviewed, Administration reserves the right to audit otherall of the T records related to the specific investigationTNIG drivers -ope OR the ,j+ty of Yakima Any record furnished may exclude information that would tend to identify specific drivers or riders beyond their first and last names. B. The audit shall occur at City Hall, 129 North Second Street, Yakima, WA 98901; provided that the City may in its discretion agree to an alternative location. C. Notwithstanding the foregoing, the City may require the TNC to produce records at aRy time directly related to an active investigation or to investigate a specific allegation of a violation regarding compliance with this chapter+„ ORVeS +igate a SpeGifiG nnmplaint regarding GernpliaRGe nii +h this nhaptor Section 5. Section 5.79.100 — Operational requirements —of the Transportation Network Companies Ordinance is hereby amended to read as follows: 5.79.100 Operational requirements. A. TNC drivers shall accept only rides arranged through a TNC's digital network and shall not solicit or accept street hails. B. The TNC's s �v^f +rcwareapplication 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. C. The TNC's s^ftware application or website shall display for the passenger the applicable rates being charged or fare to be paid and the option to receive an estimated fare before the passenger enters the TNC vehicle. 3 D. The TNC shall implement a zero tolerance policy on the use of drugs or alcohol applicable to any TNC driver on its digital network. The TNC shall provide notice of the zero tolerance policy on its website, as well as the procedures to report a complaint about a driver with whom the passenger was matched and for whom the passenger reasonably suspects was under the influence of drugs or alcohol during the course of the ride. The TNC shall immediately suspend a driver as soon as possible upon receipt of a passenger complaint alleging a violation of the zero tolerance policy. The suspension shall last the duration of the investigation. E. A TNC driver shall not operate as a TNC driver in the City of Yakima unless his or her TNC vehicle equipment, including, but not limited to lights, brakes, tires, steering, seat belts, are in proper working order, and only when the TNC vehicle has a seatbelt for each passenger and is in a sanitary and safe condition for the transportation of passengers. F. No TNC driver shall allow any nonpaying passenger, except nonpaying "i' ,passengers accompanied by an adult paying passenger, to ride in a TNC vehicle occupied by any paying passenger, nor stria #— thashall the driver pick up any additional passengers, in a TNC vehicle occupied by a paying passenger without the express consent of the payin jo g+na4 passengers. G. No TNC driver shall allow any third -party to operate his or her TNC vehicle while the TNC driver is logged into the network of his or her affiliated TNC. H. No TNC driver shall discriminate against passengers or potential passengers on the basis of race, color, national origin or ancestry, religious belief or affiliation, sex, disability, age, sexual orientation, marital status, gender identity, familial status or honorably discharged veteran or military service. Section 6. Section 5.79.110— Revocation, suspension, or denial of TNC license —of the Transportation Network Companies Ordinance is hereby amended to read as follows: 5.79.110 Revocation, suspension, or denial of TNC license. A. A TNC license may be revoked or suspended by the City Manager for any of the following reasons: 1. Failure to meet or maintain any of the requirements or qualifications set forth in this chapter for obtaining a TNC license. 2. A materially false statement contained in the application for the license. 3. Any violation of this chapter by the TNC. Any applicant who feels aggrieved by the revocation or suspension of a license by the City Manager may appeal that revocation to the city council by serving on the Yakima city clerk a notice of such appeal within five business days of the date of the revocation from which the appeal is taken, which notice shall be in writing and shall specify all the grounds relied upon by 4 the appellant as reasons for the reissuance of the license which was revoked or suspended. After the timely filing of such a notice, the city clerk shall set a time and place for a hearing thereon by the city council, after which hearing the city council shall make a final determination on the matter. The city council may add conditions if the final determination is to reissue the license. B. A TNC license may be denied for any of the following reasons: 1. Failure to meet or maintain any of the requirements or qualifications set forth in this chapter for obtaining a TNC license. 2. A materially false statement contained in the application for the license. 3. Any violation of this chapter of obligations by the TNC. 4. Any failure to provide requested information to evaluate a license or failure to provide documents pursuant to the Audit provisions of the Chapter. Any applicant who feels aggrieved by the denial of a license by the Administration may appeal that denial to the city council by serving on the Yakima city clerk a notice of such appeal within five business days of the date of the denial from which the appeal is taken, which notice shall be in writing and shall specify all the grounds relied upon by the appellant as reasons for the issuance of the license which was denied. After the timely filing of such a notice, the city clerk shall set a time and place for a hearing thereon by the city council, after which hearing the city council shall make a final determination on the matter. The city council may add conditions if the final determination is to issue the license. C. Any decision of the city council made under subsections (A) or (B) of this section may be appealed to the Yakima County Superior Court within twenty (20) calendar days of the city council's final decision. Section 7. Section 5.79.120 —TNC driver reporting requirements —of the Transportation Network Companies Ordinance is hereby amended to read as follows: 5.79.120 TNC driver reporting requirements. Every TNC driver shall report to the 4rlminiStration and his or her affiliated TNC within forty - eight (48) hours, the occurrence of any of the following: A. Any arrest, charge or conviction of the TNC driver for any criminal offense, or commitment of a criminal law violation that occurs during, or arises out of the TNC driver's operation of the TNC vehicle. B. Any arrest, charge or conviction of any offense listed in Section 5.79.050. C. Any vehicle accident required to be reported to the State of Washington that occurs while the TNC driver is operating as a TNC driver in the City of Yakima. 5 D. Any restriction, suspension or revocation of the TNC driver's license to drive, insurance, or registration of the vehicle. E. Any changes in health or medical condition of the TNC driver that might cause the TNC driver to be unfit for the safe operation of any TNC vehicle. Section 8. Repealer. Section 5.79.140 — Penalties —of the Transportation Network Companies Ordinance is hereby REPEALED. Section 9. 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. 0 PASSED BY THE CITY COUNCIL, signed and approved this 15th day of November, 2016. ATTEST: Sonya Claar Tee, City Clerk Publication Date: Effective Date: 7 Kathy Coffey, Mayor