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PSC agenda packet 9-29-16Council Public Safety Committee 2nd Floor Conference Room City Hall Members: Councilmember Coffey Councilmember D. Gutierrez Councilmember Lover (alternate) Councilmember Mendez September 29, 2016 3:00 p.m. Staff: Others: City Manager Cliff Moore Police Chief Dominic Rizzi Fire Chief Bob Stewart City Prosecutor Cynthia Martinez Brad Coughenour Scott Schafer Agenda Approval of August 25, 2016 minutes New Business • Fire season update — Chief Stewart • Report on Body Worn Camera pilot program — Chief Rizzi • Gang Update — Chief Rizzi • Report on Community Court program — Cynthia Martinez Old Business • Updated report on collisions at S. 40th Ave./W. Chestnut Ave. — Brett Sheffield • Update on rideshare driver requirements — Sara Watkins Other Business Information items Adjournment Council Public Safety Committee August 29, 2016 MINUTES Members: Councilmember Kathy Coffey (chair) Councilmember Dulce Gutierrez Councilmember Bill Lover (alt.) The meeting was called to order at 3:00 p.m. • Approval of minutes Staff: City Manager Cliff Moore Chief Dominic Rizzi, Police Chief Bob Stewart, Fire Scott Schafer, Public Works Sara Watkins, Legal Joe Rosenlund, Public Works Brett Sheffield, Engineering Rob Peterson, Airport Terri Croft, Police It was MOVED by Gutierrez and SECONDED by Lover to approve the minutes of June 30, 2016 and July 28, 2016 as presented. Motion PASSED unanimously. • Licensing of Ride Share Drivers Watkins gave a presentation on the licensing requirement for taxi drivers. Under the current code, ride share drivers (also known as Uber drivers) would fall under the definition of taxi drivers. Some of the regulations would potentially be prohibitive to ride share drivers. She presented several other Washington cities' ordinances on the issue, as well as Uber's screening requirements. Gutierrez inquired if the restrictions were necessary for ride share drivers, since many of the requirements were met through the Uber app. She thought they would only need to obtain the required business licenses. She expressed concern that Uber and other ride share services would not be successful in Yakima if the restrictions were maintained. Hazel Arvisu of Yakima spoke in favor of ride share drivers needing to meet the same requirements as taxi drivers. Coffey requested that Watkins draft legislation for the full council to review, requesting that licensing requirements for ride share drivers be drafted, addressing safety concerns while still making this a viable option for the community. • Collisions at 40th Avenue/Chestnut Sheffield reported there have been 32 collisions at 40th Avenue/Chestnut over the past 5 years. This is a significant number of collisions for any intersection, especially in Yakima. Options to abate are to install a traffic signal, which would require purchasing several surrounding properties in order to flatten the roadway, or to install a median curb which would restrict traffic to right in/right out only. Gutierrez asked how many other intersections have high collision rates. That information is not known. Coffey requested about 4 other intersections be selected for a comparison and the result be presented to the full council. Moore suggested that a public meeting be held if traffic calming measures were being considered. An updated report with comparisons will be brought to the next Public Safety Committee meeting and will be copied to Councilmember Cousens. • Airport exterior camera status Peterson reported to the committee on some of the security measures at the Yakima Air Terminal in light of a recent auto theft at that location. There is a functioning CCTV system and airport staff continue to look into HSI funding for additional security measures. Unfortunately, the Yakima Air Terminal is low on the priority list for funding. Gutierrez inquired as to the frequency of incidents. She was advised these types of incidents are not frequent at the airport. • GFI Budget Information Moore advised he has been conducting an analysis of the GFI contracts and deliverables. He would like to continue discussion with the council on the impacts of the programs after he has a chance to review the information. Coffey requested the discussion begin with the Public Safety Committee before going before the full council. • Good of the order Gutierrez thanked Chief Stewart and the firefighters for their work over the past several days. Moore thanked both Chief Stewart and Chief Rizzi for their work preparing for the Macklemore concert. It was MOVED by Gutierrez and SECONDED by Lover to adjourn to the September 22, 2016 meeting. Motion PASSED unanimously. Approved: Administration Rre Suppression Rre Investigation & Education Training Communications (I'll• _24 N11 To: CoundI Public Safety Committee From: Bob Stewart, Fire Chief Fb: Fires— Season to Date Date: September 29, 2016 The purpose of this memo - at the request of the Council Public Safety Committee, is to quantify the number of season -to -date fire responseswithin the City of Yakima. The accompanying chart provides an at -a -glance summary of structure fires and brush/grass fires occurring during the YTD period of January 1 — September 19, 2016. Also included in the chart for reference are the number of BV1Scalls, and calls that have been grouped as "other". These "other" calls represent several dozen different reporting categories, such asmotor vehicle accidents, false alarms, good intent, citizen assistance, etc. Asameansfor comparison, asecond chart has been included depicting the same date range during 2015. As a related point of interest, the numbers of fire incidents determined to have been intentionally set total 75 and 78, for 2015 and 2016, respectively. To be considered an intentional fire, all other potential causes, such as equipment failure, accidental, or act of nature, must be ruled out. Intentionally -set fires are among the most difficult crimes to identify a suspect and even more difficult to attain a conviction - if a suspect can be identified. The time -intensive nature of fire investigation and its corresponding law enforcement detectivework, combined with lean resources, results in only asmall number of casesbeing solved. However, within the past three months, the collaborative efforts of YFD and YPD have resulted in the arrest of two (unrelated) suspects believed to be responsible for more than fourteen intentionally -set fires in Yakima. AINUARY 1, 2015 SB:YTFM IIEM 1 9v 2015 111HIMC111DIEN I S w9a{ m{0'I'q'tCh m.'OfllDnkfCh 4hCs'n ,AIIMUARY I � 2016 SEPTIEM IIEM 1% 2016 111HIMaIDIEN I S F""(ire, 30 m9a{ m{0'I'q'tCh m.'OfllDnkfCh 4hCs'n �m \ 3800 66 3 7'. 11 CITY OF YAKIMA LEGAL D EPARTM ENT 20OSaAhThird Sbi*Yakim;%Washington 96901 (50B)5�Fa) c(509)57W60 MEMORANDUM September 19, 2016 TO: Cathy Coffey, Public Safety Committee Chair Carmen Diaz, Public Safety Committee Dulce Gutierrez, Public Safety Committee FROM: Cynthia Martinez, Senior Assistant City Attorney SUBJECT: Community Diversion Program Update The Community Diversion Program held its first session August 23, 2016 at the Seasons Performance Hall. All partners were on board and ready to serve participants. Attached is the program brochure. You will notice the list of our partners appearing on the back of the brochure. The community treatment providers have responded enthusiastically and have staffed the program. The Community Diversion Program began with one participant that initial session. He had charges pending of Criminal Trespass 2 and Possession of Drug Paraphernalia. His family was on board to offer clean and sober housing and support him through the process. Unfortunately, we lost him at the first road block he encountered. He is now in custody and prosecution efforts have resumed. The experience with our first participant was a learning one. The Steering Committee regrouped and decided that there needs to be more contact with high risk individuals. We are optimistic about our current participants. The referrals are not coming in as fast as I expected. To solve this problem I reached out to the indigent defense providers to trouble shoot issues. I found that the geographical restriction may be impeding referrals. The Steering Committee did discuss removing the geographic restrictions but decided to give our current criteria more time. If we do not see an increase in referrals, we will open the program city wide. problem to address issties that _r to criminal behavior by connecting participants to work and life skills program g with the goal of ending the cycle of repeat criminal offenses. Community Diversion Program is a team of legal, case manager, and social service professionals dedicated . collaborating on casesto reach . targeted solutions. ommuniiy Diversion ParTners E E l�_ City DIVERSIONCOMMUNITY The Seasons Performance Hall 101 N. Naches Ave. Yakima, WA 98901 Digible Offenses: The Community Diversion Program is available for most misdemeanor and gross -misdemeanor offenses that were committed in the Downtown and First Street corridor of the City of Yakima. Ofiforible Defendants: Defendants who are serious about taking active steps to resolve lifestyle issues that are leading to criminal behavior. of • DV crimes • Gross misdemeanor driving offenses • Sexually motivated offenses Underlying crime is a charged or uncharged felony Participants are required to: • Complete Goals — Individual goals are discussed during the initial assessment process. • Perform Community Service Hours. Community Diversion Schedule: 2nd and 4' Tuesdays 9Ato3P The Seasons Performance Hall 101 N. Naches Ave. Yakima WA 98901 Fm interested... Defendants: Talk to your attorney to see if the Community Diversion Program is an option for you. If you are a candidate for the Program, your attorney will let the Community Diversion Team know you are interested and will give you further instruction on what to do next. Community embers: Contact us below if you have questions. Memorandum September 29, 2016 To: Public Safety Committee From: Scott Schafer, Public Works Director Brett Sheffield, PE, Chief Engineer Subject: Accidents at Unsignalized Intersection At the August 25th Public Safety Committee meeting, a presentation was made on the number and type of accidents that had occurred at the Chestnut and 40th Avenue Intersection in the last five years. The information that was presented was: From January of 2011 through December of 2015, there have been 32 accidents in the vicinity of 40th Avenue and Chestnut Avenue. The types of accidents and the number of each type are as follows: turning left from 40th Avenue (7); crossing 40th Avenue (6); sideswipe (6); rear end (5); turning into driveway (2); turning left onto 40th Avenue (2); turning right onto 40th Avenue (1); hit parked car (1); bicycle collision (1); and, vehicle lost control in the snow (1). The severity of the accidents were as follows: serious injury (1); evident injury (2); possible injury (11); and, property damage only (18). At the meeting, the Council Committee members requested that other, similar type intersections be reviewed also to compare the number of accidents. The following eleven intersections were reviewed for accidents that occurred from January of 2011 to December of 2015: • 16th Avenue and Chestnut Avenue — 36 • Lincoln Avenue and Custer Avenue — 32 • Washington Avenue and Longfibre Road — 22 • 16th Avenue and Mead Avenue — 21 • 66th Avenue and Englewood Avenue — 19 • Fruitvale Boulevard and 34th Avenue — 18 • 64th Avenue and Ahtanum Road — 15 • Fair Avenue and Mead Avenue — 13 • 6th Street and `D' Street — 12 • Summitview Avenue and 65th Avenue —8 • 72nd Avenue and Mead Avenue — 8 16th Avenue and Chestnut Avenue The types of accidents and the number of each type are as follows: struck while crossing 16th Avenue (18); rear end at intersection (13); rear end not at intersection (4); sideswipe at intersection (1). The severity of the accidents were as follows: serious injury (1); evident injury (4); possible injury (9); and, property damage only (22). Lincoln Avenue and Custer Avenue The types of accidents and the number of each type are as follows: crossing Lincoln Avenue (12); making left turn at intersection (12); rear end at intersection (3); rear end at driveway (1); sideswipe at intersection (1); hit parked car (1); and, hit pedestrian (2). The severity of the accidents were as follows: serious accident (1); evident injury (5); possible injury (9); and, property damage only (17). Washington Avenue and Longfibre Road The types of accidents and the number of each type are as follows: rear end at intersection (8); rear end not at intersection (3); left turn at intersection (3); hit fixed object at intersection left turn at driveway (3); (2); right turn at driveway (2); and, vehicle overturned (1). The severity of the accidents were as follows: evident injury (3); possible injury (7); and, property damage only (12). 16th Avenue and Mead Avenue The types of accidents and the number of each type are as follows: crossing 16th Avenue (13); hit fixed object at intersection (3); hit fixed object not at intersection (2); sideswipe at intersection (2); and, left turn at intersection (1). The severity of the accidents were as follows: evident injury (1); possible injury (3); and, property damage only (17). 66th Avenue and Englewood Avenue The types of accidents and the number of each type are as follows: crossing 66th Avenue (15); hit fixed object at intersection (2); hit fixed object not at intersection (1); and, left turn at intersection (1). The severity of the accidents were as follows: serious injury (1); possible injury (8); and, property damage only (10). Fruitvale Boulevard and 34th Avenue The types of accidents and the number of each type are as follows: crossing Fruitvale (9); rear end at intersection (3); left turn at driveway (2); right turn at driveway (2); head on collision (1); and, hit fixed object at intersection (1). The severity of the accidents were as follows: serious injury (1); evident injury (2); possible injury (6); and, property damage only (9). 64th Avenue and Ahtanum Road The types of accidents and the number of each type are as follows: left turn at intersection (8); hit fixed object at intersection (3); rear end at intersection (3); and, rear end at driveway (1). The severity of the accidents were as follows: fatality (1); possible injury (4); and, property damage only (10). Fair Avenue and Mead Avenue The types of accidents and the number of each type are as follows: left turn at intersection (4); left turn at driveway (3); rear end at intersection (3); right turn at driveway (1); hit fixed object at intersection (1); and vehicle overturned (1). The severity of the accidents were as follows: evident injury (2); possible injury (2); and, property damage only (9). 6th Street and `D' Street The types of accidents and the number of each type are as follows: crossing `D' Street (10); hit parked car (1); and, hit bicyclist (1). The severity of the accidents were as follows: evident injury (2); possible injury (4); and, property damage only (6). Summitview Avenue and 65th Avenue The types of accidents and the number of each type are as follows: rear end at intersection (4); crossing Summitview (2); left turn at intersection (1); and, sideswipe not at intersection (1). The severity of the accidents were as follows: possible injury (3); and, property damage only (5). 72"d Avenue and Mead Avenue The types of accidents and the number of each type are as follows: crossing 72nd Avenue (2); left turn at intersection (2); left turn at driveway (2); rear end at intersection (1); and hit pedestrian (1). The severity of the accidents were as follows: evident injury (1); possible injury (2); and, property damage only (5). CITY OF YAKIMA LEGAL D EPARTM ENT 20OSaAhThird Sbi*Yakim;%Washington 96901 (50B)5�Fa) c(509)57W60 MEMORANDUM September 19, 2016 TO: Chairman Coffey and Members of the Public Safety Committee Cliff Moore, City Manager FROM: Ryan Bleek, Assistant City Attorney Sara Watkins, Senior Assistant City Attorney SUBJECT: Licensing of Uber/Lyft drivers in Yakima After a discussion at the Public Safety Committee meeting on August 25, 2016 regarding licensing and regulation of Uber drivers within the City the Public Safety Committee asked the legal department to draft a proposed ordinance that addresses and incorporates licensing requirements that are specifically relevant to the operating realities of persons driving for Uber or other such transportation network companies ("TNCs"). As discussed at that meeting, the City code as it currently reads does not anticipate an environment where there is any option other than taxicabs. The attached draft ordinance addresses additional types of ride sharing business plans. The draft ordinance imposes regulatory burdens on taxicabs and TNCs as equally as is reasonably practical after taking into consideration the differences in their respective operating practices. For instance, some provisions—such as the requirement for taximeters in taxicabs—would clearly be an unreasonable regulatory burden for TNCs, because TNCs do not use taximeters. However, the broad regulatory requirements are largely the same, such as the need for licensing (both the vehicle and the driver), vehicle inspections, and fees. Additionally, the Committee made clear at its last meeting that public safety was at the forefront of its concerns. To that end it should be noted that under the draft ordinance, both taxicabs and TNCs are required to submit to the same background checks, submit the same certifications of medical suitability, and both are required to carry insurance that complies with state law. Memorandum to Chairman Coffey and the Public Safety Committee Licensing of Uber/ Lyft drivers in Yakima September 20, 011-'Septem ke, 7- 9 2076z Page 2 The proposed ordinance is brought to you for review, since it is more comprehensive than the Pierce County ordinance, which the Committee asked we use as a template. The reason for a more comprehensive approach was to make sure that the Yakima code had proper definitions, extensive background check provisions, and other items that addressed public safety and regulation of all for -hire vehicles and drivers as equally as possible. If the Committee wishes to make any changes, or has any questions, we will be at the meeting to address those issues. We then can put the ordinance in final proposed form for submittal to the entire City Council. Chapter 5.78 TAXICABS AND VEHICLES FOR HIRE Sections: 5.78.010 License required. 5.78.020 Definitions. 5.78.030 Licenses required—Certain vehicles excepted. 5.78.040 Number of far -hire vehicle licenses. 5.78.050 Application for for -hire vehicle license—Information required. 5.78.060 Fees. 5.78.070 Interchange and replacement. 5.78.080 Renewal—Forfeiture. 5.78.085 Vehicle markings. 5.78.090 Color scheme. 5.78.100 Taxicab rates and zones. 5.78.110 Taximeters. 5.78.140 Sightseeing cars. 5.78.145 Insurance. 5.78.160 Prohibited practices. 5.78.170 City for -hire driver's license—Application and renewal fee. 5.78.180 City for -hire driver's license—Application—Information required. 5.78.190 City for -hire driver's license—Qualifications. 5.78.200 City for -hire driver's license—Investigation—Temporary license. 5.78.220 City for -hire driver's license—Renewal. 5.78.230 City for -hire driver's license—Other offenses. 5.78.240 Revocation. 5.78.245 Review of license denial or revocation. 5.78.250 Term. 5.78.255 For -hire drivers—Reports to the City. 5.78.260 Severability. 5.78.010 License required. It is unlawful for any person, firm or corporation to hold out, advertise, solicit, operate, drive or use any vehicle as a for -hire vehicle in the city of Yakima without having first obtained the licenses required by the provisions of this chapter. (Ord. 147 § 1, 1960). 5.78.020 Definitions. "Application" or "app' means_ aprogram _or_piece of software, mast commonly downloaded to a device i ncludi pg,_but_ not limited _to,_a computer and/or mobile devic_e that is designed ned to fulfill a particular _ _ _partjc se _ _ and/orprovidescontent such as text, graphics, _images, -_maps, _communications, _banking, _payment _services, music, or -other -materials available to_users _of the computer, _mobile device or other device. "Application dispatch" means technology that allows consumers to directly request transportation services from L_ for-hire drivers and/or for for -hire drivers to_accept _compensation _far _transportation services via the internet using electronic devices, computer devices or mobil interfaces tabletapplications. The app may include mapping to show the locations of available for -hire drivers. "Dispatch services" means a service which connects far -hire tion or persons engaging inpeer-to-peer transportation, whether via radia, _telephone,_ internet_mobile application, computer or other mechanical or electrical means. "For -hire driver' means_ a person physically engaged in driving for -hire vehicle that isproviding _ or soliciting transportationservices which may include, _but _is_not limited to a taxi driver or_peer-to:peer transportation, whether or not said person_ is the owner afar has any interest in the ownership of said for -hire vehicle_ or whether or not thesimilar method to provide transportation services for cc ............ MMMI , uses their own City -approved color scheme and trade name, vehicles to affiliate for -hire vehicles with their City-appraved calor scheme and trade _name _ commonly referred to sometimes as a taxi companyhor_f2)_a transportation network company, as defined in this Chapter. "For -hire vehicle," wherever used in this chapter, means _any motor vehicle, whether apersonal vehicle, fleet ar commercial vehicle,ortransportation network company affiliated vehicle, not _mare _than _ten _L 1 Q)_Years_old,_ held -— out tothe public for hire or used for the transportation oLpersons forcompensation, subject to call bythe public, _ generally, where the route traveled or destination is controlled n is calculated on the basis of an amount recorded and indicated on a ta_ximeter. mobile device app or application dispatch servioe contractor invoice signed by both _parties,_ or based on an initial fee, distance traveled, waittime or any combination thereof as permitted _under this Chapter, which_ includes,but is not limited to a "taxicab", "uber" or "sightseeing car," but does not inclucle4i" the fallowing: 1 . Limousine service and carriers licensed under Chapter 46.72A: 2. School buses operating exclusively under a contract to a school district: 3. Ride -sharing vehicles as outlined in Chapter 46.74 RCW; 4. Vehicles used by non-profit transportation providers solely for elderly or persons with disabilities and their attendants under Chapter 81.66 RC_W, 5. Vehicles used by auto transportation companies licensed under Chapter 81.68 RCW; 6. Vehicles used to provide courtesy transportation at no charge to and from parking lots, hotels, and rental vehicle offices; and 7. Vehicles licensed under, and used to provide "charter party carrier" and "excursion service carrier" services as defined in, and reguired by, Chapter 81.70 RCW. "For -hire vehicle owner' means a.2erson who owns a for -hire vehicle. Formatted: List Paragraph, Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" 1 "Licensee" means any person 2Lentity licensed under this Chapter. Formatted: Font: (Default) Arial, 9.5 pt, Font color: Black I "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. "CReratinq a for -hire vehicle" means ha e for -hire vehicle is parked in a for -hire stand. the taximeter is engaged in the for -hire vehicle,. the .dispatch records show the vehicles has been dispatched, the far -hire vehicle tap light is illuminated the trip records show that the for -hire vehicle has started a shift and there is no record for endingshift the far -hire driver js signed in to and active on theapplication dispatch_ service, the far -hire driver has offered transportation services to_a_passenger, the for -hire driver is aagagl2d in commercial activity or any other facts reasonably showing that a for -hire driver has offered, ar is available to -offer,- its .services .toa..passenger. Operating a for -hire vehicle does not include using _g_personal vehicle_ for personal use. "Operating within the City of Yakima" means .awning, leasing . advertising, driving occupying or otherwise operating for -hire vehicle that at any time transports any _passenger for compensation frompointwithinthe City of_Yakima. A_far-hire _transportation services company ting within the City of Yakima if itprovides oo� operating application dispatch services to any affiliated far-hiredriver at any time far the transport ofany passenger o IMEMMMMINUMMI IMMIMUMMOIN, "Person" means any individual, receiver, administrator, executor _assignee, _trustee _in_bankruptcy, trust,_estate firm,_ co:partnership,_jointventure,_ club, company, joint stock company, business trust,_ municipal corporation political subdivision of the State of Washington,oration, limited liability an association, society, o co�o _ _ _y coMp_ Y_ any _group _of individuals acting asaunit, whether _mutual _cooperative, _fraternal, _nonprofit, _or_otherwise, _and _the United States ar any instrumentality thereof. "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." "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 IS 1, 1990� Ord. 1959 IS 1, 1976� Ord. 1030 "Transportation networkanypersonq �'or "TNC" means a operating in the City of Yakima, or coordinating oo� _ _ _ opera _ vehicles that _operate inthe _City ofYakima, _that _enables affiliated drivers to_provide _prearranged _transportation services far compensation using an online -enabled application ar platform which connects passengers with far- hire.drivers usi[Ig.their.personal.vehicies and that is subject to the licensing requirements under this Chapter. Examples of a TNG include. but are not limited to Uber and LvFt. "Transportation network affiliated vehicle" means apersonal motor vehicle used for the transpoftation of passengers for compensation that is affiliated with a transportation network company._Apersonal vehicle while used far personaluse is not consideredtransportation network affiliated vehicle. 5.78.030 V4hiGk-Hoe"eUcenses required—Certain vehicles excepted. No person, firm or corporation shall engage in the business of hauling passengers for hire, operate a far -hire vehicle, or be a far -hire driver, without having first obtained a for -hire vehicle and/or far -hire drivers license for each vehicle and driver 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 certificate 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 corporate limits of the city only for the purpose of discharging a passenger having entered such vehicle at a point outside 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. (Ord. 1030 § 2, 1968: Ord. 147 § 3, 1960). 5.78.040 Number of for- Ire vehicle licenses. It is found and determined that in the interests of public convenience and necessity the maximum number of far -hire vehicles licensed as authorized to operate in the city shall never exceed the ratio of one far -hire vehicle for each two thousand persons of population in the city based on the mast recent United States census data. 5.78.050 Application for for -hire vehicle license—Information required. All far -hire vehicle owners shall file with the City afar -hire vehicle license application each veer. The model vear of far -hire vehicles shall not be more than ten (10)years prior to the date of application. All applications for for -hire vehicle licenses shall be made on forms provided by the city clerk and shall include the following information for each far -hire vehicle that is awned by such far -hire vehicle owner and operated in Yakima: A. The make, model by year, vehicle identification number, vehicle registration and Washington state license late number of the vehicle to be licensed B. The name of the person, and all previous aliases used, 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 if the vehicle will be a taxicab.; E. Information as requested by the City pertaining to any license suspension or denial or revocation of any far - hire vehicle or driver's license imposed in connection with a far -hire vehicle awned orleased by the owner within the jast three( 3} years. F. A certificate of insurance or proof of insurance meeting the requirements of this Chapter. G. If applying as a transportation network company affiliated vehicle, a letter or documentation from the TNC which indicates that the applicant is authorized to affiliate the far -hire vehicle with the TNC using their application and that all far -hire vehicle requirements of this chapter have been met. H. If using a taximeter in the far -hire vehicle,proof that the taximeter has been inspected and found to be accurate and sealed. I€. 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). If information provided pursuant to this section changes, ceases to be true oris superseded in any way by new 5.78.060 Fees. The license fee for the respective types of for -hire vehicles shall be as follows: (a)TaxiFar-hire vehicle, fifty-five dollars per year, or for any portion of a year; (b) Sightseeing car, one hundred ten dollars per vehicle per year, or for any portion of a year. (Ord. 1880 § 21, 1975: Ord. 1195 § 28, 1969: Ord. 1030 § 4; 1968: Ord. 147 § 6, 1960). 5.78.070 Interchange and replacement. There shall be no interchange of taxicabs and sightseeing cars, but rather, each such type of vehicle shall be operated exclusively 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 information concerning such replacement vehicle as is required by Section 5.78.050 of this chapter. (Ord. 1030 § 5, 1968: Ord. 147 § 7, 1960). 5.78.080 Renewal—Forfeiture. For -hire vehicle licenses and for -hire driver's licenses shall be renewed from year to year in accordance with the provisions of this chapter 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 shall 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. (Ord. 147 § 8, 1960). 5.78.085 Vehicle markings. Every taxicab operated within the city of Yakima and required by this chapter to be licensed shall bear insignia indicating it is a vehicle for hire. Such insignia shall include a raised placard or sign on the roof of the vehicle indicating the vehicle is a taxicab or vehicle for hire. In addition, the vehicle shall bear an insignia indicating the name of the taxicab business. All markings required by this section shall be removed from the vehicle as soon as the vehicle is removed permanently from taxicab service. (Ord. 96-39 § 1, 1996). 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 be distinctive from any other color scheme previously adopted by any other person, firm or corporation licensed under the provisions of this chapter. (Ord. 96-39 § 2, 1996: Ord. 1030 § 6, 1968: Ord. 147 § 9, 1960). 5.78.100 Taxicab rates and zones. A. Taxicab Rates. (1) The following rate schedule of taxicab rates is 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. TAXICAB RATES =or one passenger for the first one -fifteenth mile or fraction thereof $3.00 Thereafter for each additional one -fifteenth mile $0.17 and annually updated by the methods described in or fraction thereof subsection (A)(2) of this section For each additional passenger (per trip) $0.50 (No charge shall be made for children under six years of age when accompanied by an adult.) For each twenty seconds of waiting time after the first three minutes $0.20 (2) Beginning March 1, 2008, and adjusted annually March 1st thereafter, the additional one -fifteenth mile or fraction thereof rate for taxicabs will be calculated by the city of Yakima finance department as follows: Starting with a base amount of $0.17 each and every year, the amount will be adjusted using the U.S. Department of Labor, Bureau of Labor Statistics Consumer Price Index for All Urban West Region All Items Annual Number beginning with 2006 of 205.7. The rate of annual increase or decrease will be computed as a percentage to the nearest hundredth of a percent. The percentage increase or decrease will be multiplied to the $0.17 base amount and round up or down to the nearest cent. That will be the adjustment for that year. All subsequent years will be computed using 205.7 as the base number and determining the percentage from the latest annual CPI number compared to the base. This rate shall be filed in the office of the city clerk by February 20th or the next business day if February 20th falls on a weekend or holiday. B. Posting Notices of Rates. (1) Maximum Rates. A copy of the schedule of maximum rates specified by this section shall be posted in each taxicab so as to be plainly visible to every passenger seat in the vehicle; and it shall be unlawful for any person to drive or operate a taxicab unless a copy of such rate schedule is so posted. (2) Actual Rates. In the event uniform rates lower than the maximum rates provided by this section are charged by any taxicab driver or operator of any taxicab business, a schedule of those actual uniform rates shall be posted in each taxicab so as to be plainly visible to every passenger seat in the vehicle; and, in such event, it shall be unlawful for any person to drive or operate a taxicab unless a copy of such actual uniform rate schedule is so posted. (3) Contract Rates. No provision of this section shall preclude any taxicab driver or operator of a taxicab business from charging a reduced fare, based on rates less than those posted in the taxicab, to any passenger pursuant to an agreement for such a reduced fare; provided, in the event such reduced fares are charged by any taxicab driver or taxicab business operator, the schedule of actual rates charged, posted in each taxicab, shall include the phrase "other rates by contract," or other language of similar import. (4) Discounted Fares. The person charging the fares authorized in this section shall reduce the total fare charged to any physically, sensory or mentally handicapped person or person sixty-two years of age or older a minimum of ten percent. It shall be the obligation of the person benefited by this subsection to request the discount and offer proof of such disability or age to the person charging the fare; provided, that each taxicab shall have posted in its passenger section a sign which shall read substantially as follows: Physically, sensory or mentally handicapped passengers or persons sixty-two years of age and over may receive a minimum of ten percent fare discount. This subsection shall not be applicable to contract fares. C. Zones. (1) Zone Map and Schedule. The city of Yakima is zoned into nine zones numbered Zone 0 through Zone 8, as depicted on a map entitled 'Taxicab Zone Rate Map," dated and filed in the office of the city clerk. In addition to the taxicab rates set forth in subsection A of this section, a zone fare may be charged per trip as follows: Zone 0 $0.00 Zone 1 0.50 Zone 2 1.00 Zone 3 1.50 Zone 4 2.00 Zone 5 2.50 Zone 6 3.00 Zone 7 3.50 Zone 8 4.00 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 fall within the same zone, the zone fare for that zone may be charged. If the passenger's point of origin and point of destination fall 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. (2) Posting Zone Map. A copy of the zone map referred to in this subsection shall be posted in each taxicab so as to be plainly visible to every passenger seat in the vehicle; and it shall be unlawful for any person to drive or operate a taxicab unless a copy of such map is so posted. (Ord. 2007-27 § 1, 2007: Ord. 2004-05 § 1, 2004: Ord. 96-39 § 3, 1996: Ord. 3136 § 2, 1988: Ord. 2377 § 1, 1980; Ord. 2172 § 1, 1978: Ord. 1560 § 2, 1973; Ord. 1030 § 7,1968: Ord. 147 § 10, 1960). 5.78.110 Taximeters. (a) It is 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) Except when a reduced fare is charged as contemplated by YMC 5.78.100(6)(3), it is 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 actual fare to be charged; and it is 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 YMC 5.78.100. It is unlawful for any person to use or employ any other or different method of computing distance or time charges 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. 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, and the reading face of each taximeter shall at all times be well -lighted and readily discernible to passengers riding in the taxicab. (e) It is 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 is unlawful for the driver of any taxicab, while carrying passengers or under employment, to display the flag or other indicator of the taximeter at any position denoting that the taxicab is not engaged or to throw the flag to a recording position or to otherwise activate the meter when such vehicle is not employed, or to fail to throw the flag of the taximeter to a nonrecording position, or to fail to otherwise cancel the reading on the taximeter at the termination of each and every service. (Ord. 2377 § 2, 1980; Ord. 2172 § 2, 1978; Ord. 1959 §§ 2, 3, 1976; Ord. 1030 § 8, 1968: Ord. 147 § 11, 1960). or 5.78.140 Sightseeing cars. It is 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 word '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 the trip. (Ord. 147 § 14, 1960). 5,78,145 Insurance, Formatted: Font: 11 pt, Bold 7 All for -hire vehicle owners shall provide proof that each for -hire vehicle has liability insurance - Formatted: Font: Not Bold that meets the requirements of this section, and that each for -hire vehicle has liability insurance in an amount not less than required by CW 46.72.450 for vehicles not affiliated with a transportation network company, and not less than required by CW 48.177.010 for vehicles associated with a transportation network company as those statutes exist or are hereafter amended. The insurance policy and any related for -hire driver contracts if applicable, must be submitted to the City. All insurance policies shall: (a} t mir1if11Um be issued by either an admitted Carrier In the State Of Washington `;, Formatted: Font: (Default) Arial, Font color: Black Formatted: List Paragraph, Numbered + Level: 1 + with an A.M. Best rawith an Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + A.M. Best rating of not less than B+ _VII; Aligned at: 0.5" +Indent at: 1" (b) Name the City of Yakima as an additional insured; (C) Proivde that the insurer will notify the City, in writing, of any cancellation and/or non -renewal at least thirty (30) days prior to any cancellation and/or non -renewal (d) Contain underinsured motorist coverage indicating a minimum of $100,000.00 per person, affiliated for -hire vehicles, or the amounts required by RCW a. .177.010, as it exists or is hereafter amended for TNC affiliated for -hire vehicles; and (e) Not include aggregate limits, or named driver reguirements or exclusions. Other limitations or restrictions beyond standard insurance services office business auto policy form are subject to approval by the City., Formatted: Font: 11 pt 5.78.160 Prohibited It is unlawful for the owner or operator of any for -hire vehicle to: (a) Operate a for -hire vehicle in the city of Yakima without possessing a valid and subsisting Washington state driver's license and proof of registration and insurance are in the vehicle while operating a far -hire vehicle, 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 nonpaying passenger, except a nonpaying 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; but not limited to lights, brakes, tires, steering, seat belts, to ensure proper working order before operating a far -hire vehicle; (f) Operate any for -hire vehicle, or allow the same to be operated, when vehicle is not in a clean, sanitary and safe condition for transportation of passengers, has a seatbelt for each passenger, or has not been inspected pursuant to this chapter; (g) Operate a for -hire vehicle or allow the same to be operated, without having first obtained any permit or license required by law from the city of Yakima or 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 a certificate evidencing the issuance of any such bond or insurance required by law„ air (h) If operating a transportation network company affiliated vehicle accepting a passenger hailing the far -hire vehicle from the street for transport; and (i) Na far -hire driver shall discriminate against passengers or potential passengers an the basis of race calor, national _prigin or ancestry, religious belief or affiliation, sex, disability, age, sexual orientation, marital status, gender identity, familial status or honorably discharged veteran or military service. 5.78.170 City for -hire driver's license—Application and renewal fee. (a) No person shall drive a for -hire vehicle in the city 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 ten dollars_f$l0.00 , none of which shall be returned to the applicant in the event his application is denied. (b) The City shall not issue a far -hire driver's license to any person who has not reached the age of 21. Lcb) The fee for a city driver's license is fixed at elevenjJ11.001 dollars each year. (Ord. 1880 § Formatted: Highlight Ord. 1975; Ord. 1245 § 1, 1970: Ord. 1195 § 29, 1969: Ord. 1030 § 11, 1968: Ord. 147 § 17, 1960). 5.78.180 City for- ire driver's license—Application—Information required. Each applicant for a for -hire driver's license shall state on the form provided, 4is, {a} The applicant's name aliases residence and business- - -4 Formatted: Font: (Default) Arial, 9.5 pt, Font color: Black - - - - - - - - - - - - - - - - - - - - - - Formatted: List Paragraph, Numbered + Level: 1 + places place of birth and aes of residence for five ears nor to making application, an last place Numbering Style: a, b, c, ... + Start at: 1 + Alignment: Left + L _ _ _ years _p Aligned at: 0.5" + Indent at: 1" 11 of employmentwith name and address of employer; {b} ------------ Height,e�iht and color of e -w- eyes; {c} Social security number and Washingtan State driver's license number, and the applicant shall provide his or her Waship_qto n_ State driver's license at the time ofapplication, ication, a copy of which shall be _made by the City; (d) Documentation that a full criminal background check, going back at least 10 years, has been comM leted on the applicant through Washington State Patrol and Federal Bureau of Investigation criminal databases or through a City -approved third party vendor and was reviewed as reguired 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. (e) Information indicating whether the applicant has ever had a for -hire driver's license, o Washington State driver's license suspended, revoked or denied, and for what cause; dated _within _30_days _of the application being submitted; Lcil ------------ A statement underpenalty of penury of their physical and mental fitness to act as a for -hire driver: Lhj ............ One current full face digLtalphotograph of the applicant submitted electronically or consent to a full face photograph taken by the City, which _photograph shall _become_ a _Part of the applicant's _license, _if_issued; _and _a_copy of_the _full face _photograph _shall_ be filed with the Q If driving a taxicab, a letter from the owner of the company which indicates the applicant is authorized to ape rate a for -hire vehicle using the Approved color scheme and name, (i} If affiliating with a transportation network company, a letter or documentation from the TNC which indicates the applicant is authorized to affiliate with the TNG and to use their application and that all far -hire driver requirements outlined in this chapter have been met; and (k} Such other information as may be reasonably required.a Formatted: Font: (Default) Arial, 9.5 pt, Font color: Black 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. Beat 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. Submit with the application a certification from a medical 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, ar submit a United States Department of Transportation medical certification; 4. (a) Not have been convicted, within ten years preceding the time of making the application, of committing any felony directly related to the applicant's ability to operate a motor vehicle for hire; (b) Not have been convicted or forfeited bail within five years of any crime, other than the aforementioned felonies, reasonably related to the applicant's ability to operate a motor vehicle for hire; (c) Not have committed, forfeited bailor paid a penalty within the past five years on three or more moving motor vehicle traffic violations, except that the city may deem this requirement to be satisfied, if, after reviewing the motor vehicle traffic record of an applicant, the chief of police recommends to the city GeupejAhat the five year -three violation criterion of this subsection should be waived, on the grounds that one or more of the violations appearing on the applicant's driving record should be disregarded either because of the age or because of the relatively minor character of such violation(s). 5.78.200 City for- ire 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 or her city driver's license in such a manner that the photograph 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 or her; otherwise, no such license shall be issued. At the time of application, the city clerk shall issue a temporary license to the applicant, upon the written request of the person, firm or corporation desiring to employ the applicant, which temporary license shall be valid for a period of -not to exceed aLty days pending the outcome of the application and investigation. (Ord. 1030 § 13, 1968: Ord. 147 § 20, 1960). 5.78.220 City for -hire driver's license—Renewal. Each such driver's license shall 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. (Ord. 3310 § 2, 1990: Ord. 1030 § 14, 1968: Ord. 147 § 22, 1960). 5.78.230 City for -hire driver's license—Other offenses. It is unlawful for any person to operate a for -hire vehicle in the city of Yakima: (a) Without his or her city driver's license being displayed in the for -hire vehicle in a conspicuous place visible to passengers; (b) To fail or refuse to display his or her city driver's license to any peace officer if demand for such display is made while the driver is on duty. (Ord. 96-39 § 5, 1996. (Ord. 96-39 § 5, 1996: Ord. 1030 § 15, 1968: Ord. 147 § 23, 1960). 1 The City shall deny any for -hire vehicle license application if the city determines Formatted: Indent: First line: 0.5" that such license should not be issued pursuant to the provisions fo this chapter, or any other part of the. Yakima. Municipal Code,city .determines .that: ._ _ or if the - (a). The applicant has failed to submit a complete application pursuant to this chaptejr (b). The applicant has made a material misstatement or omission in his or her application for alicense, (c). The applicant fails to meet one or more of the applicant or vehicle requirements of a for -hire vehicle. license pursuant to this chap—ter-.o (d}. Within three (3} years of the date of application, the applicant, or if the applicant is a business entity, any officer or partner, has _hada_ conviction,_ bail_ forfeiture or other final adverse finding for offenses pertaining to hit and run; reckless driving; attempting to elude a police officer; vehicular assault; vehicular homicide; jgjdng under the influence of alcohol or controlled substances or related offense as in RCW 46.61.502, RCW 46.61.503 or RCW 46.51.504; or has been found to be a habitual traffic e Depart ment.of.Licensing; or any other felony offense. 2. The City may deny any for -hire vehicle license application if the City determines that: final adverse finding for any felony offense, or any offense involving a motor vehicle, includin, but not limited to driving with a suspended license, driving while under the influence, anq negligent driving; whether the same was charged as a civil infraction, crime or not charged or cited at all, to have exhibited past conduct in driving or operating a for -hire vehicle or operating a for -hire vehicle M## mm, mmirgmzmw with the provisions of the chapter related to vehicle tion of the vehicle; or city of Yakima for -hire vehicle license revoked. 1. The determines that such license should not be issued pursuant to this chapter, or any other part of the Yakima Municipal. Code, .or.if the city determines that: (a} The applicant made any material misstatement or omission in the application for ahicense, contained in thischapter- (c) The applicant has had a bail forfeiture, conviction, or other final adverse .......... ----------- vehiclular assault: vehicular homicide; driving under the influence of alcohol or controlled substances, or related offense as in RCW 46.61.502, RCW 46.61:503 or RCW 46.61.504; or has been found to be a habitual traffic offender by the Washington State Department of minor pursuant to RCW Title 9 or Title 9A; or (e} Is required to register as a ex offender. 2. The termines that felony offense, and/or any other offense directly related to the driver's ability to operate a for - hire -vehicleincludin led substances, hit-and-run, reckless driving ora finding from the Washington StateDepartment of Licensing that the applicant is a habitual traffic offender within the last ten(10} years; or .......... . infraction, crime or not charged or cited at all, to have exhibited past conduct in driving or operating a for -hire vehicle or operating a for -hire vehicle business which would Itad the cit)Lto reasonably conclude that the applicant will not comply with the provisions of the chapter related to vehicle reguireents and the safe operation of the vehicle.. Formatted: Font: a pt 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 or her 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 uses or knowingly permits 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 contributing 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 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. (Ord. 1030 § 16,1968: Ord. 147 § 24, 1960). 5.78.245 Review of license denial or revocation. Any applicant who feels aggrieved by the denial of a license for which application is made pursuant to this chapter, and any license holder who feels aggrieved by the city manager's revocation of a license pursuant to Section 5.78.240, may appeal that denial or revocation to the ° hearing examiner by serving on the Yakima city clerk a notice of such appeal within five business days from the date of the denial or revocation from which the appeal is taken, which notice shall be in writing and shall specify all the grounds relied on by the appellant as reasons for the issuance or reissuance, as the case may be, of the license which was denied or revoked. After the timely filing of such a notice, the city clerk shall set a time and place for a hearing thereon by the hearing examiner, which shall accur within thirty (30} days of the date the appeal is received, after which hearing the G4y4o_u4;G4hearing examiner shall make a final determination on the matter of the denial, revocation, issuance or reissuance of the license. The may add conditions if the final determination is to reissue or issue the license. (Ord. 2015-013 § 1, 2015; Ord. 95-63 § 1, 1995: Ord 2082 § 2, 1977). 5.78.250 Term. ,All licenses or permits issued under this chapter shallexpireon the thirty -first-day of August of each and every- Formatted: Highlight year and all fees payable hereunder shall be paid on or before the first day of September of each and every year. (Ord. 147 § 25, 1960). MAIDIKINIM,roMMUMIff VVITOMMM IMMUMM" jOAT"I MMMM REMI IRMEMa A. 6ny arrest, charge or conviction of the for -hire driver for any crim inal- offense, or Formatted: Font: (Default) Arial, Font color: Black — — — — — — — — Formatted: List Paragraph, Numbered + Level: 1 + commitment of a criminal law violation that occurs during, or arises out of the for -hire Numbering Style: A, B, C, ... + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" driver's operation of the for -hire vehicle. B.__AnLarrest, _charge or conviction of the for -hire heft, moral turpitude or felony offense. C. Any vehicle accident requiredtobe. reported to the State of Washington involving any for -hire vehicle. operated by the for -hire driver. D Any restriction,s� ension or revocation of the for -hire driver's Washington State driver's license, insurance, or registration of the vehicle. E. Any changes in health or medical condition of the for -hire driver that might render the for -hire driver to be unfit for .the .safe .opearation of any for -hire vehicle., Formatted: Font: 11 pt 5.78.260 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. (Ord. 147 § 27, 1960).