HomeMy WebLinkAbout11/01/2016 09 Uber and Other Transportation Network Companies and Taxicab Regulations; YMC Amendment Ch. 5.78, Adding Ch. 5.79 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.
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"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
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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.
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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:
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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).
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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
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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.
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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
ORDINANCE NO. 2016 -
AN ORDINANCE relating to the operation of Uber and other transportation network
companies ( "TNCs ") within the City of Yakima and adding a new Chapter
5.79 titled "Transportation Network Companies" to the Yakima Municipal
Code.
WHEREAS, it has come to the attention of the City that individuals have been operating
as drivers for Uber, a for -hire vehicle company that dispatches vehicles through a telephone
app, rather than a call -in dispatch service, also known as a transportation network company
( "TNC ") within the City of Yakima; and
WHEREAS, said individuals may be operating without regard to the licensing and
regulatory requirements of the Yakima Municipal Code that are in place for taxicab drivers; and
WHEREAS, allowing residents the opportunity to drive for TNCs may increase job
opportunities and income for Yakima residents; and
WHEREAS, having an alternative for -hire vehicle option for residents and visitors may
decrease the number of impaired drivers; and
WHEREAS, the Yakima Municipal Code as it is currently written includes licensing and
regulatory requirements that do not properly anticipate the operating realities of TNCs; and
WHEREAS, the Public Safety Committee evaluated proposed amendments to the
Yakima Municipal Code that would better allow individuals to lawfully operate as TNC drivers,
while also holding TNC drivers and taxicab drivers to substantially the same licensing and
regulatory requirements; and
WHEREAS, the City Council finds and determines that approval of a new chapter of the
Yakima Municipal Code to specifically address TNCs 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. A new Chapter 5.79 titled "Transportation Network Company" shall be added
to the Yakima Municipal Code to read as follows:
5.79.010 License required.
A. It is a violation of this chapter for any TNC to operate in the city of Yakima without a
current and valid Yakima business license.
B. It is a violation of this chapter for any TNC driver, who is an independent contractor
affiliated with a TNC, to operate in the city of Yakima without a current and valid Yakima
business registration.
5.79.020 Definitions.
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A. "Transportation Network Company" or "TNC" 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.
B. "Digital network" means an Internet - enabled platform or application used to connect
passengers with TNC drivers.
C. "TNC driver" means an individual who uses a personal vehicle to provide transportation
services arranged through a TNC's digital network.
D. "TNC vehicle" means a personal vehicle used by a TNC driver to provide transportation
services arranged through a TNC's digital network.
E. "Operate a TNC in the City of Yakima" means a TNC uses its digital network to connect
a TNC driver to a passenger for a trip originating in the City of Yakima.
F. "Operate as a TNC driver in the City of Yakima" means a TNC driver accepts a trip
request over a TNC's digital network that originates in the City of Yakima.
G. "Person" means any natural person of either sex, firms, corporations, partnerships and
associations either acting by themselves or by servant, agent or employee. The singular shall
include the plural and the masculine pronoun shall include the feminine and neuter.
H. "Administration" means the Office of Code Administration for the City of Yakima.
5.79.030 TNC license required.
A. It is a violation of this chapter for any TNC to operate in the City of Yakima without a
current and valid City of Yakima TNC license.
B. Administration may issue a TNC license provided that the TNC applicant submits an
affidavit sworn under penalty of perjury, on a form provided by Administration, that to the best of
the applicant's knowledge, formed after a diligent inquiry into the facts, the TNC is in full
compliance with this chapter, including, but not limited to, all driver, vehicle, insurance, and
operational requirements.
C. The TNC license shall be effective for one year.
D. The annual TNC license fee shall be $1,000 and shall be paid in full at the time of
submitting all initial and renewal applications.
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.
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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
three (3) years 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 certify that they have insurance that meets the minimum liability
requirements for the State of Washington, including insurance coverage for use of the vehicle
for transportation of passenger for -hire as required by RCW Chapter 48.177 as enacted or
subsequently amended.
E. 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.
F. TNC drivers shall possess proof of motor vehicle registration and proof of current in-
state automobile liability insurance. The TNC shall certify that all drivers have insurance that
meets the requirements of this chapter, including insurance coverage for use of the vehicle for
transportation of passengers for -hire as required by RCW Chapter 48.177 as enacted or
subsequently amended.
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 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 obtain and review 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 local,
state, and national criminal history databases and national and state sex offender registries.
Any person who is on a sex offender registry, is considered a habitual traffic offender under
RCW 46.65, or who has a criminal conviction, within the past seven (7) years, 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, shall not be
permitted to act as a TNC driver on the TNC's digital network. 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. 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.
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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.
5.79.060 Vehicle inspection and maintenance.
A. TNC vehicles operating in the City of Yakima shall be no more than ten (10) years old.
B. The TNC shall inspect or cause to be inspected annually and every year thereafter,
every motor vehicle used by a TNC driver before allowing the driver to use the motor vehicle to
provide transportation services. Such inspection shall be performed by an ASE certified
mechanic.
C. The inspection required in subsection B must include, without limitation, 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.
D. The TNC shall maintain vehicle safety inspection records for a minimum of three (3)
years.
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 Washington Laws of 2015, Chapter
236, Sections 1 and 2, as enacted or subsequently amended.
5.79.080 Registered agent requirement.
The TNC shall maintain a registered agent for service of process in the state of Washington.
The name, telephone number, and physical address of the registered agent shall be submitted
to the City of Yakima at the time of license application. The TNC shall notify the City of Yakima
in writing of any changes to its registered agent during the term of the license.
5.79.090 Audit.
A. No more than twice 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 all of the TNC's records related to TNC drivers
operating in the City of Yakima.
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 any
time to investigate a specific complaint regarding compliance with this chapter.
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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 software 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 software application or website shall display for the passenger the applicable
rates being charged 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
immediately suspend a driver 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 a nonpaying
child /passenger accompanied by an adult paying passenger, to ride in a TNC vehicle occupied
by any paying passenger, or to pick up any additional passenger, or passengers in a TNC
vehicle occupied by a paying passenger without the express consent of the original passenger.
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.
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.
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3. Any violation of this chapter.
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.
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.
5.79.120 TNC driver reporting requirements.
Every TNC driver shall report to the Administration 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.
D. Any restriction, suspension or revocation of the TNC driver's license to drive,
insurance, or registration of the vehicle.
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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.
5.79.130 Enforcement
Administration shall have the administrative authority to implement and enforce this ordinance.
Administration may adopt rules and regulations for its administration, not inconsistent with this
chapter. This provision shall not be construed to abrogate or limit the jurisdiction of the Yakima
Police Department to enforce any provisions of this chapter or of any other state law or city
ordinance relating to motor vehicles or the operation of taxicabs or TNC vehicles.
5.79.140 Penalties.
Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and
upon conviction shall be punished by a fine not to exceed $1,000 or imprisonment not to exceed
90 days, or both such fine and imprisonment. Each day upon which such violation shall occur,
or upon which such violation shall continue, shall constitute a separate offense.
5.79.150 Severability.
If any section, subsection, subdivision, sentence, clause or phrase of this chapter is for any
reason held to be unconstitutional or void, then such decision shall not affect the validity of the
remaining portions of this chapter.
Section 2. 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 1S day of November,
2016.
ATTEST: Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
Publication Date:
Effective Date:
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Distributed at thy
Meeting
REQUESTED AMMENDMENTS
5.79.040 TNC driver requirements.
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) three - (3) years 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.
• .. .. .
F. 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 all
insurance coverage for use of the vehicle for transportation of passengers for -hire as required
by RCW Chapter 48.177.010 487 as enacted or subsequently amended.
5.79.050 TNC requirements.
A. The TNC, or its agent, or its contractor 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 48.177.010 118.177 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, 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
and the U.S. Department of Justice National Sex
Offender Public Website • - . • . - - - - - - - - - ." -. Any person who is on a
match in the U.S. Department of Justice National Sex Offender Public Website puicfy-
- - - - - - - - "'e" - - - , is considered a habitual traffic offender under
RCW 46.65, or who has a criminal conviction, within the past seven (7) years, of crimes
involving driving under the influence of alcohol or controlled substances, felony fraud, sexual
offenses, felony property damage or theft, battery or assault, acts
reckless driving or or use of a motor vehicle to
commit a felony, shall not be permitted to act as a TNC driver on the TNC's digital network. 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.
5.79.060 Vehicle inspection and maintenance.
A. TNC vehicles operating in the City of Yakima shall be no more than ten (10) fifteen (15)
years old.
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
- • - - - - - - - - - e , as enacted or subsequently amended.
5.79.090 Audit.
C. Notwithstanding the foregoing, the City may require the TNC to produce records at any
time directly related to an active investigation to investigate a specific allegation of a
violation regarding compliance with this chapter