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HomeMy WebLinkAbout1960-147 r • 0 RDINANal NO. / AN ORDINANCE relating to the licensing for the purpose of refi- lation and revenue, the carrying of passengers br hire by certain vehioles in the City of Yakila and to the regulation of for-hire vehicles, providing for the inspection and control thereof and for the licensing and control of drivers thereof, providing for the establishing of taxicab stands, defining offenses, prescribing penalties and repelling Ordinance Nos. B..297, B-605 B-712, B-2045, Sections 131, 132 133, 134 and 135 of Ordinance No. B-1526 and al - other ordinances or parts of ordinances in Oonf t herewith, saving certain offenses and declaring n emergency. B IT ORDAIVED BY THE CITY OF YAKIFIA: Section 1. It shall be unlawful for any person, firm or oorporation to hold out, advertise, solicit, operate, drive or use any vehicle as a "for-hire" vehicle in the City of Yakima with- out having firet obtained the licenses required by the provisions of this ordinance. Section 2. DEPIITITIOYS. a. The term "for-hire vehicle" wherever used in this ordinance shall mean a "taxicab", "sight-seeing car", or "airport limousine." b. The term "taxicab" wherever used in this ordinance shall mean every motor vehicle used for the transportation of passengers for hire and not operated exclusively over a fixed route. c. The term "sight-seeing car" wherever used in this ordinance shall mean every motor vehicle used for the transpor- , tation for hire of passengers used exclusively for sight-seeing purposes over a fixed route and chorging a regularly established fare for each trip. d. The term "airport limousine" wherever used in this ordinance shall moan every motor vehicle used for the transpor- tation of passengers for hire over a fixed route between the Yak- iMa MUnicipal Airport and specified terminals in the downtown area // of the City of Yakima which shall be listed as hereinafter provided. e. The term "taxi meter" wherever used in this ordinance shall mean any instrument or device by which the charge for hire is mechanically measured or calculated either for the distance travel- ed or for the time waiting, or both, upon which such chrges shall be indicated by means of figures. f. The term "taxicab stand" wherever used in this ordi- nance shall mean that portion of any street set aside and desig- nated as parking or standing space to be occupied by for-hire ve- hicles. • Section 3. 1XC The terms of this ordinance shall not apply to common carriers of passengers operating under a fran- chise issued by the City of Yakima or under a certificate of public convenience and necessity issued by either the State of Washington or the Inter-State Commerce Commission. It shall also not apply to any for—hire vehicle operated, generally, outside of the City of Yakima and entering the corporate limits of the City only for the purpose of discharging a passenger having entered such vehicle at a point outside of the City. No such for-hire vehicle shall, how- ever, solicit employment or pick up a passenger within the city limits of the City of Yakima and transport him to a point outside the City. • -2- Section 4, NUMBER OF T LICENSES. It is hereby found and determined thut in the interest of public convenience and necessity, the maximum, number of taxicab licenses which may be issued and outstanding shall be twenty, The City Council may here by resolution, however, inorease the number of taxicab licenses, provided, however, that the total number of taxicabs to operate in the City shall never exceed the ratio of one taxicab for each one thousand persons of population of the City based on the 1960 Census or subsequent population estimates issued by the State of Washington. Section 5, APPLIC:'ITION FOR POR —HIRE VEHICLE LICENSES, All applications for for—hire vehicle lionesea shall be upon forms provided for that purpose by the City Clerk and shall include the following information: • a, Full information concerning the ownership, number and classification of each motor vehicle to be operated. b, The name, whether fictitious or otherwise under which the applicant will operate. - co The distinguishing color scheme design including any monogram or insignia which would be used on such motor vehicles, d. The ownership of the applicant if the same be a corporation, co— partnership or association and if there be more than one owner,'full information shill be furnished as to all natural persons having an interest therein and the extent of such interest. `°3- e. Such other information as the City may from time to time require. Section 6, LICENSE FEES. The license fees for the respective classes of for -hire vehicles are hereby fixed ae follows, $o4wit s a. Taxicab -- $35.00 por per vehicle. b. Sight- seeing car - $100.00 per year per vehicle, c. Airport Limousine - S100.00 per year per vehicle. Section 7. INTE tCH.'.NGT AND REPLACEMENT. There shall be no interchange of taxicabs, sight - seeing care or airport limou - - sinee but each shall be operated exclusively in its respective classification. For -hire vehicles may be replaced with other vehicles as the owner may desire, provided however, that in case of such replacement, the owner of said vehicle shall imm6diately • and prior to placing said replacement vehicle in operation. hlve the same inspected by the Chief of Police for its fitness . for the operation and furnish the City Clerk with full information concerning the ownership, motor and serial numbers and make of said replacement vehicle* Section 8. RENEWAL. For -hire vehicle licenses may be renewed from year to year in accordance with the provisions of this ordinance and holders of existing licenses shall be given preference in issuing the same, provided, however, that an application for a renewal after the expiration date thereof ehzll forfeit such right of preference, and further provided that any license issued for a for -hire vehicle which was not actually in • operation during the preceding year shall also be grounds for forfeiture of a for-hire vehicle license. Section 9. COLOR SCHEME. Every taxicab operated pur;. suant to the provisions of this ordinance shal1 be painted in a distinctive color scheme which shall have been approved by the City and which shali not conflict with any other color scheme previouslyselected and adopted by any other operator. Section 10* RATES.' The felloing schedule of charges for taxicabs is edtablished and adopted as the maximum rates that may be charged and/or collected in the City of Yakima; and it shall be unlawful for ,a4 person driving or . operating or engaged in the business of operating any taxicab or taxicabs to charge any greater rate for fare than that specified therein: • Taxicab Rates: • . For 1 passenger for the first one-fourth mile or fraction thereof . $05 Thereafter for each additional one-fourth mile or fraction thereof . , 10 For each additionalpassenger '%15 (No additional passenger shalfbe picked up without the express consent of the original :passenger.). No charge shall be made for carrying children under six when accompanied by an adult For each one and one-half (1i) minutes of waiting time after the first.three minutes (3") $ Section 110 TAXIVETERS. a. It shall be unlawful for any person to drive or operate or engage in the business of operating a taxicab unless each of said taxicabs be equipped with a taximeter which has been duly inspected and approved by the Chief of Police. b. It shall be unlawful for any person to drive or epere.te, or engage in the business of operating a taxicab or taxicabs, unless a taximeter is at all times used on each of such taxicabs in determining the fare or rate to be charged and collected; and it shall be unlawful for any person operating or driving or in the business of operating a taxicab or taxicabs, to charge, demand, collect or receive any fare, rate or charge which is not directly bused, measured and computed upon the records on the reading face of the taximeter used on such taxi- cab or taxicabs. It shall be unlawful for any person to use or employ any other or different method of computing or measuring such distance or time charges than the method hereinabove speci- fically provided. c. It shall be the duty of the owner possession, 'or' any other person having pOsseesion or control of any taxicab to at all times keep such taximeter accurate and have same approved by the Chief of Police before being placed in service. When any such taximeter has been approved by the Chief of Police, his seal or certificate shall be plainly posted on said taximeter for the information of the public. Said Chief of Police may inspect all taximeters at any and all times. d. Every taximeter shall be installed at the right side of the driver and at such height that the flag thereof maybe readily seen by observers on the street, and the reading face • of such taximeter shall at all times be well lighted and readily -6- discernible to the passengers riding in the taxicab. It shall 0 be unlawful to change the size of the wheels or tires of any taxicab or the gears operating the said taximeter, or to change the taximeter from one taxiaab to another unless such taximeter is re-inspected and approved by the Chief of Police before using. e. It shall be unlawful for any driver of a taxicab, while carrying passengers or under employment to display the flag attached to the taximeter at such position as to denote that the taxicab is not employed, or to throw the flag of the taximeter at a recording position when such vehicle is not employed or to fail to throw the flag of such taximeter at a non-recording position at the termination of each and every service. Section 12. TAXICAB STANDS. The City Council may, by re- . solution, designate and set aside spaces on the public streets where for-hire vehicles may stand while awaiting employment. The City Manager may, upon proper application therefor 9 issue a permit to the owner of a for-hire vehicle granting him the elusive use of such space. No permit shall be issued unless the applicant has furnished proof of compliance with all the laws of the State of Washington and ordinances of the City of Yakima re- . - - lating to and governing the operation of for-hire vehicles and has attached to his application the written consent of the own- er or lessee of the property abutting such space. It shall be unlawful for any person to ask, solicit, offer, give or receive either directly or indirectly, anything of value as a consider- ation for such written consent to so use any portion of the pub- lic street or for the driver of any for-hire vehicle to park the same while awaiting employment on the public streets except at the spaces assigned for the exclusive use of the owner of 11 1 such for-hire vehicle under the provisions of this ordinance. The driver of any for-hire vehicles shall remain in immediate attendance of such vehicle while awaiting employment and shall stay within twenty feet of the same. The owner of a for-hire vehicle shall pay the City the sum of •15,00 per year for each such space assigned to his exclusive use. Section 13. MEETING TADS. BUSES OR AIRLINES. Not • more than one taxicab from any one company shall meet any train, bus or airline schedule and every driver of a taxicab arriving at any such depot or airport shall, upon finding another taxicab from the same company there, immediately drive away. • Section 14. SIGHT-SEEING CARS. It shall be unlawful for any person to operate a sightseeing car in the City of Yakima without first filing with the City Clerk, upon blanks furnished for that purpose, a statement showing the number of cars to be operated, the capacity the route or routes to be followed, the terminal rates to be charged and such other information as may be deemed necessary for proper supervision and the public good. Where more than one route is specified, each route shall be numbered and each car furnished with a white card printed in black with the wo?route" and the number of the route in black letters and in figures not less than one inch in height. This card must be prominently and continuously displayed in the forward end of the car during the entire time of loading and unloading as well as during 411 the trip, -8- • Section 1.5 AIRPOW LI7OUSI7ES, It shall be unlawful for any person to oper4te an airport limousine in the City of Yakima other than by the most direct route between the Yakiwa !7runicipal Airport and such downtown terminals as suoh person previously designates in writing to the City Clerk upon blanks furnished for that purpose., Intermediate stops may be made . along said direct.route only bypre-arrangement between the pros® pective passenger, and the airline concerned. The operator Of an airport limousine may deliver to any such downtown terminal any late arriving baggage belonging to a passenger previously trans® ported. Section 16. OTHER OFFENSES. It shall be unlawful for • the owner or operator of any•for-hire vehicle to: • a. Operate, or allow any for-hire vehicle to be oper- ' ated in the City of Yakima•by any person not possessed of a valid 410 and subsisting drivers license. b. Knowingly permit any for-hire vehicle to be driven by any person affected by or addicted to the use of drugs or intoxicatin7 liquor's or by any person previously convicted of any felony involving moral turpitude. • c. Place additional passengers in a taxicab without first securing the consent of the party by whom It was first . engaged. d. Leave any for-hire vehicle unattended or make repairs or wash the sawelon any street 9 alley or public thorough fare of the City of Yakima. e. Operate or allow to be operated any for-hire ve. 40 hicle with any person other than the drivel thereof in the • • -9m • . . • 111 front.seat except upon special request by a bona fide passenger. . , In the event however, that more than three, passengers occupy a for-hire vehicle, not to exceed two•of such passengers may occupy the front'seatp f© cruise the public streets from place to place at random without a fixed destination soliciting employment* Operate oz allow any-,for-hire vehicle to be operated when the same Is rot in a clean, sanitary an-1 safe condition and properlTequipped for transportation of passengers. h Operate or allol,vto be•operated any for...hire vehicle without having first complied Wth all laws of the State of ..ashing- , ton, relatil7 to the same; having obtained a permit from the -Director '• • •• • • .• . 11 of Licenses of the State of Washington for such operation; having filed the_required bond,or insurance with said Director of Licenses as required :37 law; and havingfiled with t4eCity Clerk:of the City • of Yakima . a receipt from the insurance_compa-yshowin7 payment of the • premium for suchjnsurance together. with a copy 02 the san:3.0 • i,... Operate or allow to be operated any for-hire • without having ,paid all license fees the to the State of or the City. of Yakina., 7 . • • Seation. 17.. CITY ORIVE7 LICENSE0 gvery person desiring • to drive, operate or have charge of a for-hire vehicle in the City of Yakima . shall make written application to the City Clerk upon forms. furnished by the City Clerkp and such application shall te ,signed and •sworn to by the apnliCant before a'Notary Public or some other officer duly authorized to administer oaths, and be acc. , coirpanied 'by an.anplication fee in sum of MOO. which shall be returned 12 the application is denied. -10- • Section IC. CITY T)RIVERPS_LICE - A PLICATION: Each anplicant shall state on the form provl6ed„ Ms name aEe of birth place or places of residence for five years prior to the date of ,ankinrr application the len-th of time he has resided in the City s status last place of eployment with name and address of e.ioloyer whether he has been previously licensed as a driver and, if so, where, if his license has ever been sus pended or revoked and if so s the date and cause if he hns ever been convicted of a crime and if so list each such conviction the approximate date thereof the name rd location of the court the crime charred and final disposit:.on, Section 190 SITXDRIVERISLICESE -_QUALIFICATICNS: Each applicant shall: a. IV at least 21 years of age. b. Be duly lensed to operate a motor vehicle for-hire under the laws of the State of Washington. co Submit with the application a certificate froA. the City Healt' Officer cevtifying that he is free irom any ino firmities of body or mind likely to render him unfit to drive a for-hire vehicle and free from epilepsy, vertigo or heart tyouble. d. Never have been previously convicted of the via. cation or any ordinance of the City of Yakima or of any other felony or misdemeanor provided, howevee, if none of said •rior convictions involve moral turp3tude such a .plicant Jay submit to the Chief of Police a sworn statemcnt settirff forth the date of such conviction or convictions, and complete details oith respect 111 .1:1„ to the character of the o `w en;. e, the details of the same, the residence and occupat on_ o`' anpiican V at all ti es since , sz ch con' • v _ctior If the Chief o!: Police, after orough, investi r t7. ;_,n,,. shall determine that said aool.$ cant is not u .1t to hold a drivervs license, the provisions of this s?lb- section .. may be waived. e... ; Demonstrate to the satisfaction o ' - the Chief of Police his ability to operate and control a for-hire vehicle and his familiarity Ith traffic regulations. Section: 20. CITY DRIVER 2 S LICENSE INVESTIGATION: F,ach such application: shall be referred by. the City, . Cisrk to. the Chief of Police: who shall . fully investigate the app 1cap5 photograph him and take his finger and thumb . prints.. If the Chief of .Police is satisfied with the applicant is qua i ` .catiors, he shall report his findings to the City Clerk and .attach a photograph of the .ap- plicant with the photograph attached to the same in such a manner that it cannot be removed th.erefrom and another substituted with, out detection. If the . Chief of Police . is not satisfied %pith . ap. plicant 's qualifications, he shall, so .re• +?ort to the City Clerk and no license sha11 be . i sued - At the ti:.ne of a -plication the City Clerk ,.may issue a temporary City Driverus License to such applicant, upon the written request of the company desiring to employ him, which shall be valid for a period: not to exceed ten (10) dayso with the . of the .Chief _. of Pollee for the issu- ance of such temporary license. Section 21 CITY DRIVER LIC1!.rSE FEE: The license fee for -a City 1 )river 5 s License is hereby fixed at ;P.,5000 per year. Section. 220 CITY DfIVERGS 1, C�:'`Si fENEb A Eal-h such • 6 . 9 . hl ay ' a, a. G9 y a f, . the .� u 11 w•..,.,. ..�i _C���� .:i:. �C 'a.+��i��.r�Ls v o1`6,� ,4 tixa' to �e>r9Y� ��,�� :roc; !rbaZe°i "12°'"' • of proper application therefor upon the forms furnished by the 11 1 City Clerk. Health certificates may also be required at the time of the application. :or renewal upon order of the Chief of Police. Sectbn 23. CITY DRIVETZ'S LICENSE - OTHER OFFENSES: It shall be unlawful for any person to operate a for-hire vehicle in the City of Yakima: a. Without having obtlined a City Driver's License as herein provided. b. Having failed to renew his City Driver's License. c. Having failed to post his license card in such for-hire vehicle in the manner and in the place designated by the Chief of Police. d, Without wearing on the breat of his outer garment 41 1 the badge containing his license number. e. Failing or refusing upon the demand of any officer or deputy sheriff to stop and exhibit his City Driver's License for inspection. Section 24, REVOCATION: All licenses and permits issued under the provisions of this ordinance shall be subject to re- vocation by the City Manager if the holder thereof or any per- son employed by him in the operation of any for-hire vehicle shall fail or neglect to comply with or shall violate • of the terms or provisions of this or any other ordinance of the City of Yak- ima relative to the operation or use of vehicles upon the public streets or highways, or to the use of such streets or highways, or relating to traffic upon the same, or who shall directly or indirectly in any manner dispose of or handle narcotic drugs or -13- intoxicating liquor in connection with the use of any such ve- i l hicle in the transaction of the business of operRting a for-hire vehicle, or use or p0.mit the use of any such vehicle to carry or transport such drugs or liquor, or cause or permit to be kept therein any such drugs or liquor, or use or permit the same to be used for the transportation or hlrboring of any boot-legger or person who my be in possession of any such drugs or liquor, or use or permit such vehicle to be used for the purpose of carrying or transportging any person or persons who may be contributing to or attempting to or having design of contributing to the delin- quency of any minor, or use or permit such vehicle to be used for the purpose of practicing or soliciting prostitution, or who shall violate any of the ordinances of the City of Yakima in or by the use or operation of any such vehicle. Section 25. EXPIRATION: All licenses or permits issued under this ordinance shall expire on the 31st day of August of each ant every year and all fees payable hereunder shall be paid on or before the first day of September of each and every year. Section 26. PENILTIES: '.Arky person violating any of the provisions of thj.e ordinance shall be deemed guilty of a mis- demeanor and punished by a fine not to exceed $300000 or by im- prisonment in the City Jail for a period not to exceed ninety 4ays, or by both such fine and imprisonment. Section 27. If any section, subsection, subdivison sentence, cliuse or phrase of this ordinance is for -.ny reason held to be unoonstitutionra or void, then such decision shq11 • not affect the validity of the nmaining portions of this ordi- nance. -14- Section 28. Ordinance Nos. B-297 B-605 B-712, B-2045, 411 Sections 131 132, 133 134 and 135 of Ordinance No. B-1526 and all other ordirr or parts of ordinances in conflict herewith are hereby repealed: PROVIDED, HOWEVER, that the repeal of said ordinances shall not be construed as abating any actions, rights of actions or penalties thereunder or as waiving any right of the City of Yakima under any section or provision thereof exist- ing at the time of the passage of this ordinInce. Section 29. This ordinance is one to provide for the imme- diate preservation of the public peace, property, health and safety of the people of the City of Yakima, and an emergency is hereby declaredyto exist and this ordinance shall be in full force and effect immediately upon its passage, approval and publication as provided by law and the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 9 ?-1 day AA, 19600 ayo r ATTEST: TAr er. /*"