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HomeMy WebLinkAbout4140ORDINANCE NO, r l4() AN ORDINANCE of the city council of the city of Kent, Washington, amending Ch. 5,03 of the Kent City Code, entitled "Taxicabs and Vehicles For -Hire," to update the Kent City Code in conformity with the King County Code, which has been amended to provide regulation for Transportation Network Companies (TNC). RIECITA LS A. RCW 81.72.210 provides Chat local municipalities may license, control, and regulate privately operated taxicab transportation services operating) within their respective jurisdictions. B. In 1975, the city of Kent adopted Ordinance No. 1922, which) required taxicab companies operating in the city of Kent to obtain a city business Ifcense and a King County taxicab or for -hire vehicle license. This ordinance was later codified in Ch, 5,03 of the Kent City Code. C. Although the caption of Ordnance No. 1922 stated the Intent was adapfi King County taxicab regulations, no specific language of such adoption was made within the body of the ordinance and no agreement was entered Into between the city and King County for King County's regulation of taxicab and vehicle for -hire companies operating in the city of Kent. Ordinance No. 3838, adopted by the City of Kent in 2007, corrected that oversight. D, In 2007, !<ing County and the City of Kent entered into an Interlocal Agreement for Licensing of Taxicabs and Far -Hire Vehicles. Section 1.1 of the 1 Taxicabs, Vehicles For„Hire and Transportation Network Companies Appointment of King County as Licensing and Enforcement Authority Interlocal Agreement provides that the City of Kent "shall enact an ordinance that is substantially similar to, or adopts by reference King County Code, Chapter 6.64, as now In effect or as hereafter amended." The purpose of this Ordinance is to comply with this provision of the Interlocal Agreement by updating the Kent C}ty Code to reflect the changes made to the King County Code. E. Ch. 39.34 RCW allows municipalities to contract with one another for cooperative action in order to make the most efficient use of their powers. In order to adequately protect the interests of the county, the city, and their respective citizens, It is desirable to provide for a uniform county -wide system of, licensing and regulating taxicabs and for -hire vehicles and their drivers, F. King County currently contracts with 15 other municipalities, and the' Port of Seattle, for the regulation of taxicabs and for -hire vehicles—Auburn,' Bellevue, Burien, Covington, Enumclaw, Federal Way, Kenmore, Kirkland, Maple Valley, Port of Seattle, Redmond, Renton, Sammamish, SeaTac, and Seattle, and Shoreline. Therefore, King County Records, Elections, and Licensing Serviced,, Division is well qualified and able in matters relating to the licensing andel, enforcement of laws relating to the conduct of the taxicab and for -hire vehicle', business. Accordingly, Che city desires to continue utilizing the assistance of Kfng'I County in regulating taxicabs and for -hire vehicles, and the driver's thereof, within', the city of Dent. G. Transportation Networ}c Companies (TNC) provide applicat[on !, dispatch services via technology that allows consumers to directly request dispatch !i of for -hire drivers for trips using mobile interfaces such as smartphone applications. A TNC driver is a licensed for -hire driver affiliated with a licensed TNC, driving a personal vehicle that has bean endorsed by the TNC, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOL!_OWS: Z Taxicabs, Vehicles Far�Mlre and Transportation IVetworlc� Companies Appointment o�F King County as Llcensfng and En�'orcement Authority ��; S�'Ci�01ii .�. -Amendment. Ch, 5.03 of the Kent Clty Code, entitled "Taxicabs and Vehicles Por -Hire," is amended to read as follows; �: •-.x�r Sec. 5.®3.Oi0. City of Kent bu§iness license required. All taxicab,for- hire vehicle companles and Transportation Network Companies located and/or operating within the city shall secure a city business license, � Sec. 5.03.020. King County taxicab, >For -hire vehic#e, and 'Transportativn iVetwvric Company license roquired. All taxicabs for -hire vehicles, and Transportation Network companles {TNC) operating within the city shall secure a King County taxicab, for -hire vehicle, orTNC license. Sec. S.US.03U. Appointment of licensing and enfarcarnent authority. A. Pursuant to an interlocal agreement, the director of the King County Department of Executive Administration, and his or her authorized representatives, are delegated the power to determine eligibility for King County taxicab, for -hire vehicle, and Transportation Network Company licenses and the power to enforce the provisions of this chapter, which shall Include the power ko deny, suspend, or revoke King County taxicab, for -hire vehicle, and Transportation Network Company licenses. A copy of the interlocal agreement shall be available In the city clerk's office for use and examfnatlon by the public. 8, Denial, suspension, or revocation of any King County taxicab,for-hire vehicle, or Transportation Network Company license shall cause the immediate �de�niai; suspension;-or-revocation--of� any Kent -business license -issued fbr the operation of taxicab, for -hire vehicle, or Transportation Network companies. 3 Taxicabs,. Vehicles For -Hire and Transpartafion tVetwnrk Companies Appaint�ment a�' icing Caunt�y as Licensing and L�nforcement Auiitariry Sec. 6.OM40. Licensing and regulation of taxicab, for -hire v®hicles, and Transportation idetwork Companies --Adapted by refc�rvnce. A. The following sections of Ch. 6564 of the King County Gode, as currently enacted or as later amended or recodified, are adopted by this reference and shall have the same force and effect as if set forth In this ordinance, except that, unless the context Indicates otherwise, the word "county" and the words "King County" shall refer to the city and references to violations of the county code or county ordinances shall be deemed to be references to violations of city ordinances, �. If a county ordinance specifically adopted In this chapter refers to another county ordinance not specifically adopted in this chapter, the ordinance referred to shall be given the force and effect necessary to enforce the ordinance specifically adopted in this chapter, King County Code §: T;tle. 6,64.010 Definitions, 6764,015 Interlocal agreement, 6,64,021 Rules adoption, 6,64,026 Fees -procedure for setting - notice - effective date posting - approval of new fees by ordinance, 6.64.101 Medallions - distribution and use - administrative fee - rules adoption (takes effect February 1, 2015). 6,64.111 Fee surcharge for taxicab licensees, for -hire vehicle licensees and transportation network companies use of fee surcharge - rules adoption, 6.64.121 Taxicab association license (takes effect January 1, 2015), 6.64.131 Taxicab association license -minimum representation or ownership, 6,64.141 Taxicab association - annual application - notice of changes expiration - lease, transfer or assignment prohibited. . 6.64,151 _. Taxicab associati.on.license not, a, right - denial of. application or renewal. 4 Taxicabs, Vehicles For -Hire and Transportation !Network Companies Appointment of King County as Licensing and Enforcement Autliorfty 6.64.161 Taxicab association color schemes - director approval. 6.64,171 Taxicab association license - revocation or suspension, 6.64.181 Taxicab association other requirements. 6,64.191 For -hire vehicle company - requirements. 6.64.201 Transportation network company - license required - application dispatch system unlawful except if licensed transportation network company or used exclusively for certain taxicabs or for -hire vehicles. 6.64.211 Transportation network company � license requirements. 6,64,221 Transportation network company - annual application - notice of changes - expiration - lease, transfer or assignment prohibited. 6.64.231 Transportation network company license not a right - denial of application or renewal. 6.64,241 Transportation network company - revocation or suspension. 6.64,251 Transportation network company - other requirements. 6,64.261 Transportation network company - drivers active on dispatch system must have for -hire driver's license - required vehicles for drivers active on dispatch system. 6.64.271 Transportation network company vehicle endorsement -- requirements of persons, vehicles. 6.64.281 7ransportaCian network company vehicle endorsement �- annual filing -certificate -- expiration - lease, transfer or assignment prohibited. 6,64,291 Transportation network company vehicle endorsement - denial of application. 6,64,295 Transportation network company vehicle endorsement - suspension - ceasing operation and surrender of decal, 6.64.300 Taxicab, for -hire vehicle or transportation network company endorsed vehicle - appropriate license required. 6.64310 Taxicab and for�hire vehicle application - additional _ requirements. ... _.. .. _ ........... _ 6,64.320 Taxicab and for -hire vehicle application additional requirements, 5 Taxicabs, Vehicles For -Hire and Transportation Network Companies Appointment of King County as Licensing and Enforcement Authority 6.64.330 Taxicab and for -hire vehicle applicants - requirements of person, officer or registered agent. 6.64.340 Taxicab and for -hire vehicle applicants - requirement of vehicles. 6,64.350 Insurance required. 6,64,360 Certificate of safety - maintenance and service records retention - maintenance of vehicles - certification required of vehicles previously determined to be total wrecl<s or total losses - factory specifications required for rebuilt or significantly altered vehicles �v ensurance of safety compliance and maintenance by vehicle owner - placement of vehicles out of service If determined to be immediate safety hazards 6.64,380 Taxicab and for -hire vehicle license expiration. 6.64.390 Taxicab and for -hire vehicle license plates, decals or tags. 6.64.400 Taximeter, 6,64.410 Consumer Information board. 6.64,420 Taxicab and for -hire licensee - responsibilities. 6.64.430 Standards for denial - Taxicab or for -hire vehicle license application. 6,64.440 Standards for suspension or revocation taxicab or for -hire vehicle. 6.64.450 Destruction, rendering permanently operable, sale, replacement or retirement of a taxicab. 6,64.460 Ceasing operation and surrender of license plate or decal and taxicab or for -hire vehicle license. 6,64,500 For -hire driver's license required. 6.64.510 For -hire driver's license - initial and annual application. 6.64.520 For -hire driver's license - investigation. 6.64.530 For -hire driver's license - qualifications. 6.64.540 For -hire driver's license - temporary permit. 6.64.550 For -hire driver's license - application null and void If applicant fails or neglects to complete the application process or obtain a license, 6.64.560 For -hire driver certification of being physically and mentally fit - medical examination upon appearance, of irncapacitati[on rendering I.Icensee..._ unfit. 6.64.570 For -hire driver - required training. 6 Taxicabs, Vehicles For�Hire and Transportation Network Companies Appointment of icing County as Licensing and Enforcement Authority 6,64.580 For -hire driver - examinatlon. 6,64,590 For -hire driver - Driving abstract, 6,64,595 For -hire license - pick up directly from director - "for -hire permit" display for applicant affiliated with transportation network company - form of license - determined by director - placement, 6.64.600 For�hire driver license _ denial of application 6,64,610 For -hire driver's license - suspension or revocation 6.64.620 For"hire driver T additional requirements for license Issuance, 6,64,630 For -hire driver - license expiration. 6,64,640 For�hire driver operating standards, 6.64.650 Driver - vehicle safety standards, 6,64,660 Driver - conduct standards. 6.64.665 Transportation network company's driver - additional standards, 6,64.670 Taxicab meter and rates standards, 6.64.680 Driver -passenger relations standards, 6,64.690 Driver - soliciting and cruising standards. 6,64,695 Driver - taxicab zone standards. 6.64.700 Taxicab - maximum number. 6.64.710 Transfer or sale of license, 6,649730 Taxicab response times. 6.64340 Director � annual report, 6.64,750 Determination of fare and number of licenses, 6,649760 Rates - requirements rules adoption. 6964.800 Penalties, 6.64.830 Notice and order of denial, suspension, revocation of license or assessment of civil penalty. 6.64.900 Consumer complaint hotline. 6.64.910 Passenger complaint process, SECTXON 2. - Severability, If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. 7 Taxicabs, Vehicles For -:Hire and transportation Network Companies Appointment of King County as Licensing and Enforcement Authority SEC XON 3. - Effective Date. This ordinance shall take effect and be i foMe thirty (30) days from and after its passage as provided by law. ATTEST: APPROVED AS TO FORM: T0�1 BRUBAKER, CITY ATTORNEY PASSED: day of VLhQ,0Jy, 2015. APPROVED: ` day of .� 2015, PUBLISHED: day of tl , 2015. I hereby certify that this is a true copy of Ordinance council of the city of Kent, khe city Washington, and approved by the mayor of the city of Kent as hereon Indicated. g rt C?� J 2 ' (SEAL) R©NALD+�,;. RE; C••� T^Y` GLLEW 7 IcieROrd7nnn<eVaabKinpCnentyRsgutat9 Amend to updata mUt currant regVlatl6ns.dec r3 Tax{cabs, Vehicles �'or-Nita and Transportation Netut�oa{� Companies Appointment of King County as Licensing and ,Enforcement Authority