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HomeMy WebLinkAbout1257ti 1 %1 ORDINANCE NO. a� 2 AN ORDINANCE of the City of Kent, Washington, regula- 3 ting and licensing certain motor vehicles and drivers for -hire; fixing rates; providing for the issuance and 4 suspension or revocation of for -hire licenses; defin- ing offenses and prescribing penalties; and repealing 5 Kent City Ordinance 0.749 sections 1, 2, 8 and 9-- 1945; repealing Kent City Ordinance 0.749 s. 7, as 6 amended by 0.989--1958. 7 THE CITY COUNCIL OF THE CITY OF KENT DO ORDAIN as follows: 8 Section 1. The following Kent City Ordinance and sub-sec- 9 tions thereof are hereby repealed: Ordinance 0.749 sections 1, 21 10 8 and 9--1945, and Ordinance 0.749, s. 7, as amended by 0.989-- 11 1958. 12 Section 2. DEFINITIONS: The following terms for the pur- 13 pose of this Ordinance shall mean: 14 A. CITY CLERK, CHIEF OF POLICE, or any of his or their 15 duly authorized representatives. 16 B. "FOR -HIRE DRIVER" means any person in charge of or 17 driving a taxicab carrying passengers or baggage for 18 hire, as hereinafter further defined; provided, however, 19 that the provisions of this ordinance shall not apply 20 to drivers of motor vehicles used in interstate com- 21 merce nor to drivers of motor vehicles operated by any 22 municipal or privately owred, licensed transit system. 23 C. "PERSON" means wherever used in this ordinance to in- 24 clude natural persons of either sex, firms, co-partner- 25 ships, associations and corporations, whether acting 26 by themselves, by servant, agent or employee. The 27 singular number shall include the plural and the mas- 28 culine pronoun shall include the feminine and the 29 neuter. 30 D. "TAXICAB" means every motor vehicle having capacity of 31 seven (7) passengers or less, used for the transporta- 32 tion of passengers for hire, and not operated over a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 fixed or definite route. E. "TAXIMETER" means any instrument or device by which the, charge for hire of a passenger carrying vehicle is mechanically measured or calculated either_ for the dis- tance traveled by such vehicle or for waiting time, or for both, and upon which such calculated charges shall be indicated by means of figures. F. "MOTOR VEHICLE" means every self-propelled vehicle by or upon which any person may be transported or carried upon a public street, highway or alley; provided that vehicles used exclusively upon stationary rail, tracks or propelled by the use of overhead electric wires, or for hotel or motel keepers conveying their guests to and from hotels or motels free of charge or reward and used exclusively for that purpose only, shall not come under the provisions of this ordinance. Section 3. LICENSE - APPLICATIONS: It shall be uniawtul Ito engage in the business of operating any taxicab or any vehicle for hire without first obtaining a license so to do from the City Clerk, which shall be obtained in the following manner: A. The applicant for such license, in a manner approved by the City Clerk, shall show in his application, the classification under which the vehicle will be operated, whether as a taxicab or other vehicle for hire, the calendar year for which the license is sought and shall furnish full, true and accurate information concerning the ownership, identification, company vehicle number, the name of the business, fictitious or otherwise under which the vehicle is to be operated, the distinguishing color scheme, design or dress, including any monogram or insignia being requested of the City to be used on such vehicle or vehicles, the number of days and the mileage for each day of operation for any or all vehicles operated by the applicant under any license issued under the -2- 1 2 3 4 5' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 provisions of this ordinance or any prior ordinance of the City of Kent regulating taxicabs and for -hire vehicles for the year preceding the yearly period specified in the application for a license. The applicant shall also show in this application whether he has been convicted of any violation within ten (10) years preceding the date of application relating to the sale or possession of intoxicating liquor, gambling, or any law or ordi- nance relating to public morality and decency, or for violating any law or ordinance involving an intent to defraud, or whether the applicant has ever been convicted of any law or ordinance relating to the use, sale or possession of narcotic drugs or bar bituates, or any such other information the City Clerk may require, which he deems reasonably necessary to aid in the enforcement of this ordinance. B. The Clerk shall inquire into the correctness of the information furnished, and if he is so satisfied, after due in- vestigation, that the applicant is the reliable and bona fide owner of the motor vehicle, has met the name under which the applicant is to operate and the color scheme used upon the motor vehicle does not conflict with others so used, or tend to deceive the public, that the motor vehicle is equipped with proper State license and is properly bonded for the protection of the public as required by law, a license may thereupon be issued in accord- ance with the provisions of this ordinance, authorizing the opera- tion of said motor vehicle under the classification applied for, either for the next succeeding calendar year or for the remainder of the current year, as requested by the applicant. C. No application for a license issued under the provi- sions of this ordinance shall be granted to any person if the City Clerk after due investigation has good reason to believe that the applicant is dishonest or immoral, and desires such license to enable him to engage in a dishonest, unlawful or -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 i 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 immoral act, practice or enterprise; provided, however, that no license shall be issued in the event the applicant, and if a cor- poration, any of its principal officers, has been convicted of any offense involvin- moral turpitude or an intent to defraud during the ten (10) years prior to such application. D. The City Clerk shall not grant any license issued under the provisions of this ordinance where the consent and approval of the City Council is required, as hereinbelow specified. E. No license shall be transferable to any person except in case of a bona fide sale of the business of the owner or opera -I for of the motor vehicle, and then only with the prior consent of the City Council; and no license shall be transferred to any other'. motor vehicle without approval of the City Clerk, and then only in cases where the motor vehicle for which the license is issued shall be sold, become obselete, unsafe or unfit for further use, which such determination shall be made by the Chief of Police and his determination shall be conclusive. Whenever the City Council consents to such transfer in case of sale, thereupon the new owner shall promptly apply for the proper licenses as set forth in this ordinance and pay the fees specified in Section 34 hereof. F. Each application for a taxicab, vehicle -for -hire license, or renewal or transfer thereof made by or on behalf of a corporation under this ordinance shall include a list of the names residence addresses and telephone numbers of all the shareholders of such corporation, and no change in the controlling interest of said corporation shall be made without the filing of a request for transfer, and payment of the transfer fee with the City Clerk, which transfer shall have the prior approval of the City Council. Failure to comply with this provision shall be grounds for revo- cation of such license. Section 4. TAXICABS, MAXIMUM NUMBER: The number of -4- 1 2 3 4 5 g 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 taxicabs authorized to operate and for which licenses may be issued shall be based upon the population of the City, as deter- mined by the last preceding official state census, at the ratio of one (1) taxicab to each two thousand one hundred (2,100) inhabitants. Section 5. UNLAWFUL TO SUBLET: It shall be unlawful for the holder of a taxicab license to directly or indirectly lease or sublet his business and license to another person or persons for use or operation and any such action shall be grounds for revocation of said license; provided, however, that nothing here- in contained shall prevent the holder of a valid taxicab license from employing drivers for his taxicabs. Section 6. COLOR SCHEME: The City Clerk shall, in the interest of protecting the public from being deceived or confused, have the exclusive control in the granting of permission to use any color scheme, design or monogram by any taxicab or vehicle for hire. It shall be unlawful to use or change any color, de- sign, monogram or insignia on any taxicab or vehicle for hire, without the prior permission and approval of the City Clerk. Failure to comply with this provision shall be grounds for revo- cation of any vehicle for -hire license. No taxicab license shall be issued for a second or succeed- ing year for the same taxicab or for any other taxicab under the same license, unless the taxicab and any other taxicab for which the license has been transferred as herein authorized, has during the calendar year covered by the license been operative .for at least ten (10) miles per day for two hundred and forty (240) days of said year, nor shall any new taxicab license be issued to any person holding a license which lapses because of failure to meet the foregoing requirements in the next preceding year. Section 7. EXPIRATION OF LICENSES AND LICENSE FEES: All licenses issued under this ordinance shall expire on the last day -5- l� 2 i 3 i 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 of December of each calendar year. Such licenses may be renewed by the license holder for the succeeding year by making applica- tion therefor with the City Clerk at least ten (10) days prior to I the expiration date. Section 8. UNLAWFUL TO OPERATE FOR -HIRE VEHICLES IaMOUT LICENSE: It shall be unlawful for any person to own, operate or drive a vehicle for hire within the City of Kent without having first taken out for each and every vehicle so used, a license so to do, to be known as "Vehicle License". Section 9. KENT VEHICLE LICENSE TAG: The City Clerk shall furnish each vehicle license issued, one or more tags, to be known as Kent Vehicle License Tags. Each such tag; shall bear the number of such vehicle license and the year for which said license was issued, togeher with the words "Kent Vehicle Tag". The form, material and positioning on the vehicle of each such license tag shall be as prescribed by the Chief of Police. It shall be unlawful for any owner, operator or driver of a vehicle for hire to operate such vehicle without having conspicuously displayed thereon such vehicle license tag, furnished and author- ized by the City Clerk, or to operate such vehicle with expired or illegible Kent Vehicle License Tags thereon, or to fail to comply with any regulation of the City Clerk and Chief of Police relating to such tags. Such tags shall be and remain the property of the City of Kent and upon the revocation, surrender, suspension or expiration of a vehicle license, or if found in the possession of any person other than to whom the license was issued, such tags shall be picked un by any Police Officer and returned to the City Clerk. Section 10. DUPLICATE LICENSE TAGS: Ighenever a Kent Vehicle License Tag becomes lost, destroyed or stolen, a dupli- cate may be authorized by the City Clerk at the expense of the licensee. Should the original of the ordered duplicate be later found, such original shall be promptly returned to the City Clerk, it shall be unlawful_ to manufacture or produce any such Vehicle License Tag or duplicates thereof herein provided except by order of the Citv Clerk. Section 11. RATE SCHEDULE: The fees for transporting persons and their bagg=age from one point in the City to any other point in the Cite shall be as .follows: For one passenger for the first 1/5 mile, or fraction thereof, 50�. Thereafter, for each additional one-quarter (1/4) mile, or fraction thereof, 10�. For every one and one-half minutes of waiting time, 10�. For each additional passenger, 20�. IIo additional passenger shall be picked up without the express consent of the original passenger. Section 12. DISPLAY OF TAXICAB idUMBER: It shall be unlaw- ful for any taxicab to fail to have conspicuously displayed on the left inside center door post where it is readily discernible by the Dassen?er, the name and number of the taxicab, which informa- tion shall be contained on a elastic sealed card attached to a -petal holder; the size and ^crm thereo5 to be deterj:dned and approved by the Ci-ty Clerk. It shall be unlawful during the hours of darkness to fail to sufficiently illuT�inate such name and number. Ti.kecaise, each licensee shall adequately illuminate the rate schedule information hereinabove referred to, during the hours of darkness so -that such information is readil�T available to anv-)assenger. Section 13. TAXIMETER: It shall be unlawful for anv person to drive, operate or end_=a %e in the business o_C oDeratin , taxicab unless said taxicab is equi.Dped with a. taxi meter which has been inspected and ae?rovec._ by the Chief of Police. It shall be the duty of the owner, driver of any other person having- eossessi_on or control of a taxicab to at all times ICeee such taximeter accurate and in mood wor-ldn - condition. _'rior to the installation o:^ such taximeter, the same shall be approved -7- 1 2 3 4 5 0 7 8 9 10 11 12 13 14 15 16 17 18 I 19 20 21 22 23 24 25 26 27 28 29 30 31 32 for operation by the Chief of Police or the Chief of Police may require the licensee to have such meter tested and inspected by another municipal agency or independent testing laboratory and upon such approval, a written notice and lead wire seal shall be plainly posted and attached to the taximeter for the information of the public. Such taximeter shall be recnecxeu cuiu at least semi-annually in the same manner as the original inspec- tion. It shall be unlawful for any person to drive, operate or engage in the business of operating a taxicab whenever the Chief of Police ascertains that said. seal of approval has been broken, cut, removed or is missing. It shall be unlawful .for any person to fail, resist or refuse the Chief of Police or his duly authorized agent or repre- sentative to test and reinspect the taximeter at any time when so ordered. Section 14. FARES CHARGED: It shall be unlawful for any person to drive or operate, or engage in the business of operat- ing a taxicab unless a taximeter is at all times used on each of such taxicabs in determining the fare or the rate to be charged and collected; and in compliance with the rate schedule filed with the City Clerk and posted inside the cab. It shall be un- lawful for any person operating or driving, or engaged in the business of operating a taxicab to charge, demand, collect or receive any fare, rate or charge which is not directly based, measured or computed upon the record on the reading face of the taximeter used on such taxicab. It shall be unlawful for any person to use or employ any other or different method of comput- ing or measuring such distance or time charges than the methods hereinabove specifically provided. Section 15. INSTALLATION OF TAXIMETER: Every taximeter shall be installed at the riIM ght side of the driver, either 1 2 3 4 5 6 71 8 9 10 11 12 13 14 15 16 17 18, 19 20 21 22 23 24 25 26 27 28 29 30 31 32 adjoining the cowl or dashboard of the taxicab, and at such height that the flag thereof may be readily seen by observers on the street. The reading face of the taximeter shall at all times be well lighted and distinctly readable to the passengers within the taxicab. It shall be unlawful to change the size of the wheels or tires of any taxicab or the gears operating the taximeter or to change the taximeter from one taxicab to another unless such taximeter is reinspected and approved by the Chief of Police or his duly authorized agent or representative before it is so used. Section 16. FLAG TO BE IN PROPER POSITION: It shall be unlawful for any driver of a taxicab while carrying passengers or under employment to display the flag attached to the taximeter at such a position as to denote that such taxicab is not employed, or to throw the flag of the taximeter at a recording position when such vehicle is not actually employed, or to fail to throw the flag of such taximeter at a non -recording position at the termination of each and every service. It shall be unlawful for any person to change, alter, ad- just, modify or in any manner tamper with any taximeter so as to cause the same to register a fare other than prescribed by this ordinance. Section 179 DRIVER'S LICENSE: It shall be unlawful for any person owning, controlling, or engaged in the business of operating taxicabs or for -hire vehicles to employ as the driver of any such vehicle, or permit any such vehicle to be operated by a driver who does not have in his possession a valid and sub- sisting For -Hire Driver's License, and a valid and subsisting Washington State vehicle driver's license. Section 18. SUSPENSION -REVOCATION OF FOR -HIRE DRIVER'S LICENSE: Any driver of a taxicab or for -hire vehicle who shall charge any passenger a rate or fare other than that provided for in this ordinance shall upon conviction thereof be punished, in IM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17, 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 addition to any other penalties provided by law, by having his For -Hire Driver's License suspended for a period of not less than thirty (30) days nor more than one (1) year. Section 19. TRIP SHEETS: It shall be unlawful for any person owning or operating any taxicab or for -hire vehicles, to fail to keep an accurate daily record on a trip sheet, the form and size to be determined and approved by the City Clerk for each shift such equipment is operated. All daily trip sheets shall be kept on file for a period of five (5) years at the address for which the vehicle for -hire license is issued, unless otherwise specified or directed by the City Clerk. All daily trip sheets shall be open for inspection by the City Clerk or Chief of. Police at any time either while carried in the vehicle for hire or at the address of the licensee. It shall be unlawful for anyone to fail to make available any trip sheet for inspection upon request by the City Clerk or Chief of Police. It shall be unlawful for any for -hire driver to fail or refuse to turn in his trip sheet or moneys collected from taxi - trip fares to his employer or his duly authorized agent at the end of each shift worked. II sheet: The following information shall be contained on each trip 1. The driver's name as licensed and For -Hire Driver's License number. 2. The driver's residence address and telephone number. 3. The company name and vehicle number. 4. The date, time and place of origin and dismissal of each trip. (Including trips where the passenger did not complete an actual trip.) S. The fare paid. 6. The number of passengers paying or not paying and any other items for which a charge was or was not made. -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 7. The beginning and ending speedometer mileage of the vehicle for each shift worked. (worked. B. The beginning and ending time for each shift worked. 9. The beginning and ending meter readings for each shift The driver of any taxicab or for -hire vehicle shall, on request of any passenger paying him a fare for any trip, issue a receipt showing such information for said trip. Failure to keen an accurate daily trip sheet or the with- holding of a trip sheet or fare moneys collected by a for -hire driver from his employer or his duly authorized agent, shall be grounds for suspension or revocation of his for -Hire Driver's ]License. Section 20. DISPLAY OF LICENSES: Every owner or operator of any taxicab or for -hire vehicle shall at all times carry -.in such vehicle permits issued by the Department of Licenses of the State of Washington showing such vehicle to be properly bonded for the protection of the public, and also the licenses and permits issued pursuant to this City ordinance. Section 21. CONDITION OF DRIVER: It shall be unlawful for any for -hire driver to consume any alcoholic beverage at any time within eight (8) hours of reporting for duty, or while on duty as a driver to operate any for -hire vehicle while under the influence of or affected by intoxicating liquors, narcotics, barbituates, or any medicine that shall impair his ability to drive. It shall be unlawful for any for -hire driver to drive, oper- ate or be in a vehicle for hire in a position to drive or operate for longer than ten (10) hours in any one twenty-four (24) hour period. Each driver shall be neatly and cleanly attired and shall present a clean and neat appearance pertaining to his clothes, shoes, physical body, head and face care. The Chief of Police -11- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 shall have the right to order any for -hire driver to cease opera- ting or driving a vehicle for hire if in his determination the for -hire driver's appearance and condition would be offensive to a passenger or detrimental to the traveling public and such driver shall cease such operation until the condition or appear- ance complained of has been properly corrected. Section 22. INSPECTION OF VEHICLES: All vehicles operated under the authority of this ordinance shall be available for in- spection at any time, at any place by the Chief of Police. The Chief of Police shall inspect a vehicle for hire to determine cleanliness, proper equipment, good appearance, safe operating condition and shall in all cases be the sole judge in this deter- mination. If the Chief of Police determines during his inspection: that the condition of any taxicab or vehicle for hire needs cor- rection, he shall issue to the operator or driver thereof a notice in writing, specifying such defects and same shall be remedied immediately or at a later date to be fixed by the Chief of. Police in such notice. The Chief of Police shall order any vehicle for hire to cease operation immediately if in his determination the vehicle is in an unsafe condition and shall notify the operator or driver in writing and shall remove the seal of approval from the vehicle. It shall be unlawful for any operator or driver to drive or operate a vehicle for hire in an unsafe condition or without proper equipment, as determined by the Chief of Police. It shall be unlawful to fail to comply with any written notice by the Chief of Police to make certain corrections on a vehicle for hire. Section 23. DIRECT ROUTE OF TRAVEL: Any driver of a taxi- cab or for -hire vehicle employed to carry passengers to a definite point shall take the most direct route possible that will carry -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 the passenger safely and expeditiously to his destination. Section 24. UNAUTHORIZED DRIVERS: It shall be unlawful for anyone engaged in the business of operating a taxicab or vehicle for -hire to knowingly employ a driver who has within one (1) year prior thereto been convicted of driving any motor vehicle while under the influence of or affected by intoxicating liquors, narcotics or barbituates. If any driver of a taxicab or vehicle for hire shall be convicted of driving such vehicle while under the influence of or affected by liquor or narcotics, the Fors -Mire Driver's License of such driver shall be revoked and he shall not be granted a For -Hire Driver's License for a period of at least one (1) year from the date of such conviction. Section 25. UNLAWFUL NOT TO PAY FARE: It is unlawful for any driver of a taxicab to refuse to accept as a passenger any person of proper deportment who requests a ride when the taxicab is unemployed, and it is unlawful for any person to refuse to pay the regular fare for a taxicab or for -hire vehicle after having hired the same. Section 26. LEAVING TAXICAB UNATTENDED: It shall be un- lawful for any driver of a taxicab or for -hire vehicle to leave the same unattended, or to make repairs thereto or wash such vehicle while in a taxicab zone; except that a period of not to exceed sixty (60) minutes is allowed such driver for the purpose of taking his meals or shopping,during which time such taxicab may be left unattended as long as same does not interfere with other taxicabs within such zone. Section 27. BAGS` Persons served with a taxicab here- under shall be entitled to have with them their valises or small hand baggage as can be conveniently carried within the vehicle, loaded, conveyed and unloaded without charge. Persons cancelling calls for taxicabs or for -hire vehicles after dispatch in answer _33- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 s 25 � 26 27 28 29 j 30 31 32 thereto,.maq be 'charged the same rate as if used. Section 28. TWO-WAY RADIO DISPATCH: It shall be unlawful for any for -hire driver to fail to respond to a call from the dis-I patcher to pick up a passenger when so requested or to fail to keep the radio in the taximb or for -hire vehicle operating at all times during the shift the taxicab or for -hire vehicle is operated All taxicabs or for -hire vehicles shall have conspicuously placed on the vehicle by the name of the cab, the telephone number where the taxicab or for -hire vehicle may be radio dispatched from. Section 29. DISCONTINUED USE AS TAXICAB: All taxicabs licensed under this ordinance when discontinued for use as a vehicle for -hire shall be sufficiently repainted forthwith with a color that will not tend to confuse or lead the public to be- lieve the vehicle may still be a taxicab and said vehicle may not be used on the street for private transportation until the repaint inc; has been completed. Failure to comply with the provisions of this section will be grounds for revocation of such license. Section 30. UNLAWFUL TO SOLICIT FARES: It shall be unlaw- ful for any for -hire driver to cruise, drive, or operate a taxi- cab repeatedly and persistently to and fro upon a public street or to solicit thereon, or on private property, or to haul any ad- ditional passengers when his taxicab has been en,gaged for -hire and is occupied already by a passenger or passengers, except with the permission of such occupying passenger or passengers. It shall also be unlawful to carry or transport any person other than the driver of the vehicle in the front seat of any taxicab except in cases where the rear seat thereof is occupied, in which case ad- ditional passengers not exceeding; two in number, may be carried in the front seat. Section 31. IDENTIFICATION OF DRIVERS: Every for -hire driver shall wear a badge of identification, the size, .form and placement to be determined and approved by the Citv Clerk, and -14- i r 1 such badge shall be worn by such driver at all times while he is 2 operating a vehicle for hire; such badge will show, among others, 3 the name of the licensed for -hire driver, and the name and tele- 4 phone number of the company employing-such driver. 5 Section 32. QUALIFICATIONS FOR A FOR -HIRE DRIVER'S 6 LICENSE: No person shall be issued a For-dire Driver's License 7 unless he possesses the following qualifications: 8 (A) Must be at least 21 years of age. 9 (B) Must be a bona fide resident of the State of Washing- ton for at least six months prior to filing applica- 10 tion. 11 (C) Must possess a valid State of Washington Motor Vehicle Operator's License. 12 (D) Must be free from any infirmity of body or mind which 13 would render the applicant unfit for safe operation ofl a motor vehicle and shall have submitted to a medical 14 examination and have obtained a certificate which is satisfactory to and approved by the Kent City Health 15 Officer certifying his fitness as such for -hire driver. Proof of such a satisfactory medical examina- 16 tion and physical fitness shall be required once every three years to be submitted to the City Clerk. 17(E) must (E) Must not be addicted to the use of 18 liauor, dangerous drugs or narcotics. 19 (F) Must not have bean convicted of any offense involving moral turpitude or intent to defraud within the past 20 ten (10) years prior to application. 21 Section 33. PERSONAL HISTORY OF APPLICANT: The applicant 22 shall file with the City Clerk an application on a form furnished 23 by the City Clerk, which shall be signed and sworn to by the 24 applicant and which shall set forth the following facts concern- 25 ing the applicant: Name, hei?ht, weight, color of hair and eyes, 26 residence address, place and date of birth, length of time a resi- 27 dent of the State of Washington$ whether a citizen or non-citizen 28 last place of employment, whether previously licensed and if so 29 where, and whether or not the license was ever suspended or re- 30 voked and for what cause, and such other information as the City 31 Clerk may reasonably require. The applicant shall on the appli- 32 cation give the names and mailing addresses of four persons, not -15- 1' 2 3 4 5 g 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 relatives, who have known the applicant for at least two years last past. Section 34. HEALTH OFFICER: Any applicant who fails to pass a satisfactory medical examination may be re-examined after thirty (30) days after the original examination and if following such re-examination the certificate herein required for the ap- proval of the City Eealth Officer is issued, the applicant may be licensed in accordance with the provisions of this ordinance. Section 35. FINGERPRINTS AND PHOTOGRAPHS TO ACCOMPANY APPLICATION: Each anplication for a For -Hire Driver's License shall be accompanied by a complete set of fin?erprints of the applicant, and also by three (3) recent duplicate photographs of the applicant of the size to be determined by the Chief of Police. One photograph shall be retained in the records of the Chief of Police and the second attached to the license in such manner that it cannot be removed and another photo¢ranh substituted therefor without detection; the third photograph, together with the name, address and telephone number shall be prominently displayed inside the taxicab so as to be readily discernible to any passenger. Section 36. CHIEF OF POLICE TO INVESTIGATE APPLICANTS FOR DRIVER'S LICENSES: ,,,Then an application for a For. -Hire Driver's License, duly signed and sworn to and accompanied by the required certificate of the Health Officer has been received by the Chief of Police, he shall investigate the statements contained therein, and may obtain such other information concerning the applicant's character, integrity, personal habits, past conduct and general qualifications as will show the applicant's ability and skill as a driver of a motor vehicle for -hire, and his honesty, integrity and character for the purpose of determining whether the appli- cant is a suitable person to drive a motor vehicle for -hire with- in the City of hent. All applications for For -Hire Driver's Licenses shall become null and void after sixty (60) days from -16- 1 2 3{ 4 5' 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 I 31 32 the date of filing, if the applicant for any reason fails or neg- lects to obtain a license. Section 37. TEMPORARY LICENSE: Upon application for a For -Hire Driver's License, the City Clerk may, pending the require examination and investigation of the qualifications of the appli- cant and upon recommendation of the Chief of Police after his pre- liminary investigation, issue a temporary For -Hire Driver's Permit which shall entitle the applicant to operate a taxicab or other for -hire vehicle pending final action upon his application, for a period not to exceed twenty (20) days. Such temporary permit shall not be transferable or assignable and shall be valid only with the taxicab company to which it was originally issued. Iahen- lever the holder of such a temporary permit leaves the original employment, the employer shall notify the City Clerk within twenty Four (24) hours thereof. Such permit may also be revoked by the City Clerk or the Chief of Police .for failure to report for examin - tion pursuant to his application, or for any violation by,the per- mitee of or failure to comply with the conditions under which such permit is issued. Revocation or cancellation of said temporary permit by the City Clerk or Chief of Police shall be final unless appealed from by the permittee to the Citv Council within five (5) days from such revocation. Section 38. I S SUANCE OF FOR-hi?,h DK1 VL.K' bLJ Lr.1V J G : 11 111G City Clerk is satisfied that the applicant for a for -hire driver's license possesses the qualifications and is a suitable nerson to drive a motor vehicle for -hire under the provisions of this ordi- nance, he shall issue him a For -Hire Di iver's License which will entitle him to drive and operate a motor chicle for -hire within the City of hent. The license shall be of such form and size as is required by the City Clerk and on one side the photograph of the licensee shall be attached as herein required, together with a fingerprint, -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19' 20 21 22 23 24 25 26 27 28 ll 29 III 30 Ili 31 it 32 the physical description of the licensee and the date of the license and his signature. The other side of the license shall contain the words "For -Hire Driver's License --City of Kent", and also the number of the license, and the name of the licensee, and date of expiration of the license. After the data haemin required has been inserted on the license, it shall be enclosed and sealed in a durable transparent material. Section 39. EXPIRATION AND RENEWALS OF FOR -HIRE DRIVER'S LICENSES: All For -Hire Driver's Licenses shall expire on the 31st day of December of each calendar year unless suspended or revoked prior thereto. Each such license may be renewed annually thereafter by the City Clerk for a period of four (4) successive years. The City Clerk shall devise in the license form the methoc by which renewals herein provided for may be indicated on the license, without issuing another license. Upon expiration of the license and all renewals authorized herein, a new license shall be required, which shall be issued only upon application, together with photographs supplied and examinations taken as in the case of an original license application. All licenses must be renewed within ten (10) days from the date of expiration except as other- wise herein provided. Applications .for renewal shall be made through the City Clerk on such forms as may be provided by his office. Section 40. DAMAGED OR WORN-OUT LICENSES TO BE REPLACED: When the license is worn-out, damaged or otherwise unfit for use, the City Clerk may require the license to be replaced in the same form as the original license, at the expense of the licensee. Section 41. DRIVER'S LICENSE CARRIED ON PERSON AND EXHIBITED UPON REQUEST: The For -Hire Driver's License shall at all times be carried on the person of the licensee; and shall on request be exhibited by the licensee to any passenger or to any police officer of license inspector. aim 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Section 42. ADDITIO14AL RULES AND REGULATIONS: The Chief of Police is hereby authorized to make and enforce rules and regulations, not inconsistent with the provisions of this ordinan and it shall be unlawful to violate or not to comply with any of said rules and regulations. All of such rules and regulations as promulgated by the Chief of Police from time to time shall be re- duced to writing and mailed to each taxicab and for -hire vehicle towner for his information and for distribution thereof unto his employees. Section 43. VIOLATIONS: The City Clerk and Chief of Police are hereby authorized and directed to enforce the terms and pro- visions of this ordinance. If it is determined that any licensee has violated or failed to comply with any provision of this ordi- nance, then the City Clerk of Chief of Police shall make a written record of such findings, specifying therein the particulars of anv such violation and thereupon the license of any such driver may be suspended or revoked for a period to be fixed by the City Clerk and Chief of Police, in which event the license shall be surrendered unto the City Clerk. In case of revocation, such license shall be cancelled, and in case of suspension, the same shall be returned unto the licensee after expiration of the period of suspension; provided, however, such revocation for violation of any of the provisions of this ordinance shall not relieve the licensee of the penalties otherwise provided for in this ordinance Any licensee whose license is revoked or suspended by the City Clerk or Chief of Police shall have the right to appeal to the City Council from any such order by filing with the City Clerk a written notice thereof within five (5) days after the entry of the order of revocation or suspension. The notice of appealshall specify an address at which the licensee may be given notice of hearing on the appeal. After the filing of such appeal, the City Clerk shall set a time and place, not more than thirty (34 days -19- 1 2 3 4 5 0 7 8 9 10 11 12 13 14 15 1s 17 18 19 20 21 22 23 241 25 26 27 i 28 i 29 30 31 32 from such notice of appeal for hearing thereon, or such matter may be referred to a Committee of the City Council for hearing. At the hearing the licensee shall be entitled to appear in person and be represented by counsel and offer such evidence pertinent and material to the revocation or suspension. Upon filing of notice of such appeal, the City Clerk and Chief of Police shall immediately submit unto the City Council or its Committee, such records, data, reports and information as they have in their pos- session supporting their order of suspension or revocation. Im- mediately after such hearing, the City Council shall determine whether the revocation or suspension shall be sustained, and its action in that respect shall be final and conclusive in all re- spects. From the time of filing the written notice of appeal by the licensee and until the hearing and action thereon by the City Council, the order of the City Clerk and Chief of Police relative to such suspension or revocation shall be stayed. Section 44. TAXICAB STANDS: (a) Every person licensed to engage in the business of operating one or more taxicabs under the provisions of this ordi- nance shall, upon obtaining said license, designate in writing at that time with the City Clerk, one parking space located on the city streets where said person desires to have his taxicab stand located. (b) If the City Clerk shall approve such location, he shall cause any parking meters or restrictive signs thereon to be removed and shall cause a sign to be placed at said location de- signating, it as a "Taxicab Stand". (c) If the City Clerk shall disapprove of such location, said person shall designate alternative locations until a satis- factory and safe location can be agreed upon. (d) Each person shall reimburse the City the sum of $50.00 per year for the privilege of designating? and using a parking IRE space as a taxicab stand as set forth in this ordinance, saidsum shall be raid at the time of anplicati_on for said space and annually thereafter on the last day of December o2 each gear and the sums paid therefor shall be paid into the City of Kent parking meter fund.. (e) io person shall use a. taxicab stand of another except for the purpose of unloadim7, passengers in such a manner as to not inter: ere with the licensee or: said taxicab stand: Section 45. PTSURANCE REQUIRED: every person licensed to enure in the business of operating one or more taxicabs under the provisions of this ordinance shall, prior to being issued said license, and annually on the last day of December of each year thereafter, furnish proof to the City Cleric of having covered him- self, his vehicles, his agents and employees with liability insur- ance in the followin,a amounts: Bodily injury liability: $25,000.00 each person and $50,000.00 each occurrence Medical payments: $5,000.00 each person Property damage liability: $5,000.00 each occurrence. Section 46. VIOLATIOINS LIND PENALTIES: Any person violating or failing; to comply with any of the provisions of this ordinance shall be deemed 7uilty of a misdemeanor and upon conviction there- of shall be punished by a fine in any sum not exceeding $300.00, or by imnrisonr^ent in the city -fail for a period not exceeding ninety (90) days, or by both such fine and imprisonment. Section 47. Any person feeling himself aggrieved through the applications of the provisions of this ordinance shall have the richt, in addition to those appellate procedures set forth in Section 43 hereof, -to appeal to the City Council following the procedures set forth in section 43 of this Ordinance. -21 Section 48: The Chief of Police and the City Clerk may jointly waive any of the provisions of this Ordinance where, in their collective opinion, an applicant presents proof of sub- stantial compliance with one or more sections hereof. Section 49: SAVING CLAUSE: If any section, sub -section, subdivision, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or void, such decision shall not affect the validity of the remaining portions of this ordinance. Section 50: This ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication as provided by law. Attest: ALEX ' MAYOR CR%RLES BRIDGES, City Cie^ Approved as to Form: City Attorney PASSED the 1-;161day of APPROVED the moi./ day of PUBLISHED the / 9't4, day of 1964 1964 1964.