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HomeMy WebLinkAbout1968-1030 ORDINANCE NO. / AN ORDINANCE relating to the licensing, for the purpose of regulation and revenue, the carrying of passengers for hire by cer- tain vehicles in the City of Yakima; requiring for-hire vehicle licenses and for-hire vehicle driver's licenses; specifying taxicab rates; declaring violations to con- stitute misdemeanors and providing for the punishment 111 thereof; amending Sections 5.78.020(a), .030, .050 .060, .070, .090, .100, .110, .120, .160, .170, .190, .200, .220, .230, .240 and .270; and repealing Sections 5.78.020(d), .150 and .210 of the City of Yakima Municipal Code. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. Section 5.78.020(a) of the City of Yakima Municipal Code is hereby amended to read as follows: "5.78.020(a) DEFINITIONS. The term "for-hire vehicle" wherever used in this Chapter shall mean a "taxicab" or "sight-seeing car". Section 2. Section 5.78.030 of the City of Yakima Municipal Code is hereby amended to read as follows: "5.78.030 VEHICLE LICENSE REQUIRED-CERTAIN VEHICLES EXCEPTED. No person, firm or corporation shall engage in the business of hauling passengers for hire without having first obtained a for-hire vehicle license for each vehicle used in such business. The provisions of this Chapter shall not apply to common carriers of passengers operating under a franchise issued by the City of Yakima or under a certi- ficate of public convenience and necessity issued by either the State of Washington or the Interstate Commerce Commission of the United States of America; nor shall the provisions of this Chapter apply to any for-hire vehicle operated generally outside the City of Yakima which enters the cor- porate limits of the City only for the purpose of discharg- ing a passenger having entered such vehicle at a point out- side the City, provided, a for-hire vehicle which solicits employment or is engaged by a passenger within the City limits of the City of Yakima and transports such passenger to a point outside the City of Yakima is not excepted from the provisions of this Chapter." Section 3. Section 5.78.050 of the City of Yakima Municipal Code is hereby amended to read as follows: "5.78.050 APPLICATION FOR LICENSE-INFORMATION REQUIRED. 111 All applications for for-hire vehicle license 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 cor- poration 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) The description by style and color of the cap to be worn by the operator of the vehicle to be licensed while the operator is on duty. A sk (f) Such other information as the City Clerk may require ler in order to effectively administer the provisions and regulations of this Chapter." Section 4. Section 5.78.060 of the City of Yakima Municipal Code is hereby amended to read as follows: "5.78.060 FEES. The license fee for the respective types of for -hire vehicles shall be as follows: (a) Taxicab - $35.00 per vehicle per year, or for any por- tion of a year. (b) Sight- seeing car - $100 per vehicle per year, or for any portion of a year." Section 5. Section 5.78.070 of the City of Yakima Municipal Code is hereby amended to read as follows: "5.78.070 INTERCHANGE AND REPLACEMENT. There shall be no interchange of taxicabs and sight- seeing cars, but rather, each such type of vehicle shall be operated exclu- sively in its respective classification. For -hire vehicles may be replaced with other vehicles as the owner may desire; provided, that in case of such replacement the owner of any replacement vehicle shall, prior to placing such replacement vehicle in operation, furnish the City Clerk with such in- formation concerning such replacement vehicle as is required by Section 5.78.050 of this Chapter." Section 6. Section 5.78.090 of the City of Yakima Municipal Code is hereby amended to read as follows: "5.78.090 COLOR SCHEME. Every taxicab operated within the City of Yakima and required by this Chapter to be licensed shall be painted in a distinctive color scheme in accordance with the information contained in the for -hire, vehicle license application referred to in Section 5.78.050 of this Chapter, which color scheme shall not conflict with any other color scheme previously adopted by any other person, firm or corporation licensed under the provisions of this Chapter." Section 7. Section 5:78.100 of the Cit y of Yakima Municipal Code is hereby amended to read as follows: "5.78.100 TAXICAB RATES AND ZONES. (a) Taxicab Rates. The following rate schedule of taxicab fares is hereby established and adopted as the maximum rates that may be charged for taxi fare in the City of Yakima, and it shall be unlawful for any person driving or operating, or engaged in the business of operating, any taxicab to charge any greater rate for taxicab fare than that specified therein. -2- TAXICAB RATES For one passenger for the first one -fifth (1/5) mile or fraction thereof $ .60 Thereafter for each additional one -fifth (1/5) mile or fraction thereof .10 For each additional passenger .20 (No charge shall be made for any children under six (6) years of age when accompanied by an adult) For each one and two - tenths (1.2) minutes waiting time after the first three (3) minutes .10 (b) Zones. The City of Yakima is hereby zoned into seven (7) zones numbered Zone 0 through Zone 6, as depicted on a map entitled "Taxicab Zone Rate Map ", dated April 29, 1968, and filed in the office of the Yakima City Clerk. In addition to the taxicab rates set forth in Subsection (a) of this Section, a zone fare may be charged to each passenger as follows: Zone 0 $ .00 Zone 1 .30 Zone 2 .60 Zone 3 .90 Zone 4 1.20 Zone 5 1.50 Zone 6 1.80 If the passenger's point of origin or destination is in Zone 0, no additional zone fare shall be charged. If the passenger's point of origin and point of destination falls • within the same zone, the zone fare for that zone may be charged. If the passenger's point of original or point of destination falls in different zones, neither of which is in Zone 0, the zone fare for the higher rate zone may be charged, regardless of whether the point of origin or point of destination falls within the higher rate zone. A copy or the Zone Map shall be plainly visible to each rear seat passenger. Section 8. Section 5.78.110 of the City of Yakima Municipal Code is hereby amended to read as follows: "5.78.110 TAXIMETERS. (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 is equipped with a taximeter which has been approved as being accurate by the Chief of Police. (b) It shall be unlawful for any person to drive or operate, or engage in the business of operating, a taxicab or taxicabs unless a taximeter is at all times used in each taxicab to determine the fare to be charged; and it shall be unlawful for any person operating or driving, or in the business of • operating, a taxicab or taxicabs to charge any fare which is not directly based, measured and computed on the reading face of the taximeter used in such taxicab and the additional zone charge, if any, according to Section 5.76.10u of this Chapter. It shall be unlawful for any person to use or emloyy any other or different method of computing distance or time chargeF. than the method specifically provided in this Chapter. (c) It shall be the duty of the owner or any other person having possession or control of any taxicab to keep the taximeter accurate at all times and to have the taximeter approved by the Chief of Police before being placed in service. -3- When any taximeter has been approved as accurate by the Chief of Police, his seal or certificate shall be plainly posted on such taximeter in a conspicuous place. Any taximeter installed in any for-hire vehicle shall be subject to and available for inspection by any peace officer at any reasonable time. (d) Every taximeter shall be installed at the right side of the driver at a height so that the flag thereof • may readily be seen from outside the vehicle, and the reading face of each taximeter shall at all times be well lighted and readily discernable to passengers riding in the taxicab. (e) It shall be unlawful to change the size of the wheels or tires of any taxicab, or the gears operating any taximeter, or to change any taximeter from one taxicab to another unless such taximeter is reinspected and approved for accuracy by the Chief of Police before such taximeter is placed in service. (f) It shall be unlawful for the driver of any taxicab, while carrying passengers or under employment, to display the flag of the taximeter at any position denoting that the taxicab is not employed, or to throw the flag of the taximeter to a recording position when such vehicle is not employed, or to fail to throw the flag of the taximeter to a non-recording position, cancelling the reading, at the termination of each and every service." Section 9. Section 5.78.120 of the City of Yakima Municipal Code • is hereby amended to read as follows: 5.78.120 TAXICAB STANDS. The Traffic Engineer of the City of Yakima may designate and set aside spaces on the public streets where for-hire vehicles may stand while awaiting employment. The City Clerk may, upon application therefor, issue a permit to the owner of a for-hire vehicle granting him the exclusive use of any such space not previously designated for such use by another person. No permit shall be issued unless the applicant shall furnish proof of com- pliance with all laws of the State of Washington and ordinances of the City of Yakima relating to and governing the operation of for-hire vehicles and has attached to his application the written consent of the owner or lessee of the property abutting such space to the use of such space for a taxicab stand. It shall be unlawful for any person to solicit, offer, give or receive, either directly or indirectly, anything of value as consideration for such written consent. The applicant for a permit contemplated by this Section shall pay to the City the amount of $75.00 each year for each space assigned to his exclusive use. The holder of a permit for exclusive use of any such space may obtain a transfer 111 of his permit to another space, approved by the Traffic Engineer, on complying with the provisions of this Section and by the payment of a transfer fee in the amount of $40.00 to the City Clerk." Section 10. Section 5.78.160 of the City of Yakima Municipal CodF shall be amended to read as follows: "5.78.160 PROHIBITED PRACTICES. It shall be unlawful for the owner or operator of any for-hire vehicle to: -4- (a) Operate a for-hire vehicle in the City of Yakima without Possessing a valid and subsisting Washington State Driver's License, or to allow any for-hire vehicle owned by him to be operated by another person not possessed of a valid and subsisting Washington State Driver's License. (b) Knowingly permit any for-hire vehicle to be driven by any person affected by or addicted to the use of drugs or intoxicating liquors, or by any person convicted of any felony or any misdemeanor or gross misdemeanor involving larceny, morals offenses or liquor violations. (c) Allow any non-paying passenger, except a non-paying child passenger accompanied by an adult paying passenger, to ride in a for-hire vehicle occupied by any paying passenger, or to pick up an additional passenger, or passengers in a for-hire vehicle occupied by a paying passenger without the express consent of the original passenger. (d) Leave any for-hire vehicle unattended or repair, wash or service the same, on any street, alley or public thoroughfare of the City of Yakima. (e) Operate, or allow to be operated, any for-hire vehicle with any person other than the driver in the front seat thereof except upon special request by a passenger. In the event, however, that more than three (3) passengers occupy a for-hire vehicle, passengers, not in excess of two, may occupy the front seat. (f) Solicit employment by cruising the public streets at • random. (g) Operate any for-hire vehicle, or allow the same to be operated, when such vehicle is not in a clean, sanitary and safe condition for transportation of passengers. (h) Operate a for-hire vehicle or allow the same to be operated, without having first obtained any permit required by law from the State of Washington, and without having filed any required bond or insurance with the State of Washington, as may be required by law, and without having filed with the City Clerk of the City of Yakima a certificate evidencing the issuance of any such bond or insurance required by law." Section 11. Section 5.78.170 of the City of Yakima Municipal Code is hereby amended to read as follows: "5.78.170 CITY DRIVER'S LICENSE-APPLICATION AND RENEWAL FEE. (a) No person shall drive a for-hire vehicle in the City of Yakima without first obtaining a license to do so by making application to the City Clerk on forms furnished by the City Clerk, which application shall be signed and sworn to by the applicant before a Notary Public or some other officer authorized to administer oaths, and upon the payment to the City Clerk of an application fee in the amount of Five Dollars ($5. none of which shall be returned to the applicant in the event his application is denied. (b) The fee for a City driver's license is hereby fixed at Five Dollars ($5.00) each year." -5- Section 12. Section 5.78.190 of the City of Yakima Municipal Code is hereby amended to read as follows: "5.78.190 CITY DRIVER'S LICENSE - QUALIFICATIONS. Each applicant for a City driver's license provided for in this Chapter shall: (a), Be at least twenty -one (21) years of age. • (b) Be duly licensed to operate a motor vehicle for hire under the laws of the State of Washington. (c) Submit with the application a certification frcm a medical doctor, or the Yakima County Health District certifying that applicant is free from any infirmities of body or mind likely to render him unfit to drive a for -hire vehicle, and specifically that applicant is free from epilesy, vertigo or heart trouble. (d) Never have been convicted of any felony, or any gross misdemeanor or misdemeanor involving larceny, morals offenses or liquor violations. (e) Demonstrate to the satisfaction of the Chief of Police applicant's ability to operate and control a for -hire vehicle and his familiarity with traffic regulations." Section 13. Section 5.78.200 of the City of Yakima Municipal Cod is hereby amended to read as follows: "5.78.200 CITY DRIVER'S LICENSE - INVESTIGATION- TEMPORARY • LICENSE. Each applicant for a City driver's license shall be investigated, photographed and fingerprinted by the Police Department. The photograph of applicant shall be affixed to his City driver's license in such a manner that the photo- graph cannot be removed, altered or substituted without detection. If the applicant satisfies all provisions and requirements of this Chapter, a City driver's license shall be issued to him, otherwise no such license shall be issued. At the time of application, the City Clerk shall issue a tem- porary license to applicant, upon the written request of the person, firm or corporation desiring to employ applicant, which temporary license shall be valid for a period of thirty (30) days pending the issuance of a City driver's license." Section 14. Section 5.78.220 of the City of Yakima Municipal Cod, is hereby amended to read as follows: "5.78.220 CITY DRIVER'S LICENSE- RENEWAL. Each such driver's license may be renewed yearly by the making of an application therefor on forms furnished • by the City Clerk calling for such information as may be deemed necessary by the City Clerk to administer the provisions of this Chapter. Each application for renewal must be accompanied by a health certificate of the type specified in Section 5.78.190 of this Chapter." -6- Section 15. Section 5.78.230 of the City of Yakima Municipal Code is hereby amended to read as follows: "5.78.230" CITY DRIVER'S LICENSE -OTHER OFFENSES. It shall be unlawful for any person to operate a for -hire vehicle in the City of Yakima: (a) Without his City driver's license being displayed in the for -hire vehicle in a conspicuous place visible • to passengers. (b) Without wearing a distinctive cap of thesty le and color designated by the Yakima City Clerk pursuant to the information included on an application for for -hire vehicle license as provided in Section 5.78.050 of this Chapter. (c) To fail or refuse to display his City driver's license to any peace officer if demand for such display is made while the driver is on duty." Section 16. Section 5.78.240 of the City of Yakima Municipal Code is hereby amended to read as follows: "5.78.240 REVOCATION. All licenses and permits issued pursuant to this Chapter are subject to revocation by the City Manager in the event the holder thereof, or any person employed by him in the operation of any for -hire vehicle, shall fail to comply with, or shall otherwise violate, any of the terms or provisions of this Chapter or any ordinance • of the City of Yakima 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 knowingly use any for -hire vehicle for the unlawful transportation of any narcotic drug or intoxicating liquor in violation of any law, or who knowingly use or knowingly permit the use of a for -hire vehicle for the transportation or harboring of any person who may illegally possess any narcotic drug or intoxicating liquor, or who shall knowingly use, or knowingly permit, any for -hire vehicle to be used for the purpose of transporting any person who may be contributing to, or attempting to or having design of con - tributing to, the delinquency of any minor, or who shall knowingly use or knowingly permit a for -hire vehicle to be used for the purpose of practicing or soliciting prostitu- tion, 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 17. Section 5.78.270 of the City of Yakima Municipal Code is hereby amended to read as follows: • "5.78.270 PENALTY FOR VIOLATIONS. Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine in an amount not to exceed Five Hundred Dollars ($500.00) or by imprisonment in the City Jail for a period not to exceed six (6) months, or by both such fine and imprisonment." Section 18. Sections 5.78.020(d), .150 and .210 of the City of Yakima Municipal Code are hereby repealed in their entirety. -7- Section 19. This Ordinance shall be in full force and effect thirty 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 29th day of 40 April, 1968. • Mayor ATTEST: • City Clerk 410 a -8-