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HomeMy WebLinkAbout2855 Amend Taxicab StandardsORDINANCE NO. AN ORDINANCE AMENDING SECTIONS OF CHAPTER 6.28 OF THE ASHLAND MUNICIPAL CODE TO PERMIT BOARDING SIGNS FOR SPECIAL VEHICLES, TO CLARIFY TAXICAB STANDARDS RELATING TO SUSPENSIONS AND REVOCATIONS OF CERTIFICATES, TO CHANGE VEHICLE INSPECTION REQUIREMENTS, TO CLARIFY DRIVER APPROVAL STANDARDS AND TO REMOVE DETERMINATION OF NEED FOR ISSUANCE OF CERTIFICATES THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: SECTION 1. The definition of certificate in section 6.28.020 of the Ashland Municipal Code is amended to read: Certificate. A numbered certificate issued under this chapter to operate a taxicab. SECTION 2. Section 6.28.035.E of the Ashland Municipal Code is amended to read: 6.28.035.E. Signs. Any sign located on a vehicle must not exceed six square feet in area on any one side of the vehicle. For purposes of this subsection, sign means any insignia, identification, description, illustration, symbol, logo, decal or printed or graphic information. Upon completion and submission of a sign permit application to the city engineer and upon payment to the city of a fee to be established by resolution of the city council, the city engineer will issue to the operator of any special vehicle a special vehicle boarding zone sign permit and a special vehicle boarding zone sign. The sign is to be affixed by the operator to such post, light pole, or other location as may be specified in the permit, and only during hours the special vehicle is in operation. The sign is to be in such standardized format as the city engineer may specify; of approximately the same size as a standard city parking-hours sign; and designed so as to generally resemble some type of sign sanctioned in the most current edition of the Manual of Uniform Traffic Control Devices. The sign is to read "Home Drawn Carriage/Pedicab/{as the case may be} Boards Here." The sign will remain the property of the city and must be returned to the city engineer upon expiration of the operator's permit issued pursuant 1- Ordinance F:\USER\PAUL\ORD\taxi ord ~nal.wpd to AMC § 6.28.035.A. The sign is deemed for purposes of AMC § 18.96.030 to be an informational sign placed by the City of Ashland in the public right of way. SECTION 3. Section 6.28.040 of the Ashland Municipal Code is amended to read: SECTION 6.28.040 Transfer, Cancellation, Suspension or Revocation of Certificate. No certificate may be sold, assigned, mortgaged or otherwise transferred without the consent of the city administrator. The city administrator may impose conditions with respect to the transfer of a certificate as it may deem to be in the best interest of the public safety and the general welfare. An application for transfer of any certificate is subject to the same terms, conditions, and requirements as the application for original certificate. Any certificate may be suspended or revoked by the city council after a hearing at which the certificate holder is given an opportunity to appear if any one or more of the following conditions exist: 1. The owner ceases to operate any taxicab for a period of15 consecutive days without obtaining permission for the cessation of such operation from the city administrator. 2. The owner fails to operate the taxicab in accordance with the provisions of this chapter. 3. The owner fails to pay any of the fees or payments required to be paid by the provisions of this chapter. SECTION 4. Section 6.28.050 of the Ashland Municipal Code is amended to read: SECTION 6.28.050 Surrender of Certificate. Any certificate suspended or revoked by the city council shall be surrendered to the city recorder and the operations of any taxicab covered by such certificate shall cease. Any owner who permanently retires any taxicab from taxicab service and does not replace it within 15 days shall immediately surrender any certificate granted for the operation of such taxicab to the city recorder and the owner may not secure an additional certificate for the operation of any taxicab without making application therefor in the manner provided in this chapter. SECTION 5. Section 6.28.070 of the Ashland Municipal Code is amended to read: SECTION 6.28.070 Inspection of Vehicles. Prior to the operation of any vehicle under the provisions of this chapter and at least annually thereafter, the vehicle shall be thoroughly examined and inspected by either a certified mechanic or a governmental entity located within Jackson County and shall be found to be in safe operating 2- Ordinance F:\USER\PAUL\ORD\taxi ord ~nal.wpd condition. An inspection for safe operating conditions must include, but is not limited to, inspection of brakes including parking brake; all lights, signals and reflectors; exhaust system; steering system; wipers including washers; suspension components; mirrors; horn and other warning devices; tires and restraint system. Record of such inspections must be made available to the City upon request. For the purpose of this section the term "certified mechanic" means a person certified by the National Institute for Automotive Service Excellence, or equivalent. In addition to the initial and annual inspections required above, inspection or testing of all parts vital to the safe operation of the vehicle such as brakes, steering gear, tires, lights, and signaling devices shall be made at the beginning of each shift or each day by the driver, and as often as necessary during use. Any condition found then or at any other time that will prevent the safe operation of the vehicle shall be corrected before the vehicle is used. SECTION 6. Section 6.28.080 of the Ashland Municipal Code is amended to read: SECTION 6.28.080 Taxicab Maintenance. Any taxicab found to be if violation with the requirements of this chapter shall be ordered immediately out of service and before being placed in service again it must comply with the requirements. Every vehicle operating under this chapter is to be kept in a clean and sanitary condition. SECTION 7. Section 6.28.090 of the Ashland Municipal Code is amended to read: SECTION 6.28.090 Operating Regulations. A. Unless otherwise directed by the passenger, any taxicab driver employed to transport passengers to a definite point must take the most direct route possible that will carry the passenger to that destination safely and expeditiously. B. Every driver, if requested, must give a correct receipt upon payment of the correct fare. C. No person may refuse to pay the lawful taxicab fare after employing or hiring the same. D. Whenever any taxicab is occupied by a passenger, the driver must not permit any other person to occupy or ride in the taxicab except with consent of the original passenger. SECTION 8. Section 6.28.100 of the Ashland Municipal Code is amended to read: SECTION 6.28.100 Equipment. Every taxicab is to be equipped with the following: A. A taximeter in accurate operating condition with a lighted face which can be read at all times by the customer. B. A top light identifying it as a taxicab. 3- Ordinance F:\USER\PAUL\ORD\taxi ord ~nal.wpd The company name and telephone number where service can be requested displayed on the exterior of the vehicle. A "state of the art" taxi radio on a clear coordinated taxicab radio frequency for customer comfort and rapid dispatching of calls for service. SECTION 9. Section 6.28.110 of the Ashland Municipal Code is amended to read: SECTION 6.28.110 Approval of Drivers. A. It is unlawful for any person to operate a taxicab in the City of Ashland unless such person has previously been issued a taxicab driver's permit by the police chief in accordance with the terms of this chapter. B. Application for a taxicab driver's permit is to be made to the police chief accompanied by the payment of a fee established by resolution of the city council. The application must set forth the name, address, age and Oregon driver's license number of the applicant and have attached to it the certified abstract of the driver's license of the applicant and two passport size photos of the applicant. C. Upon receipt of such application, the police chief is to make such investigation of the applicant's background as necessary to verify compliance with the following subsection. D. No taxicab driver's permit is to be issued unless the applicant: 1. Is 21 years of age or more, 2. Has not have been convicted of any crimes involving moral turpitude or dishonesty, 3.Possesses a valid Oregon driver's license, 4. Has not had his or her driver's license revoked by any state within the last five years, and 5.Did not make any false statements in the application. E. If the police chief determines that the applicant meets the requirements of this chapter, the police chief will issue the permit. The permit expires on June 30th of each year regardless of the date of issue and may be renewed from year to year upon application to the police department. There is no fee for a renewal. F. If the application is denied, the applicant may, within seven days of notification of the denial by the police chief, appeal the matter in writing to the city council. The city council will hear the appeal at its next regular meeting and may either deny or grant the license. (Ord. 2735, 1994; Ord. 2774 S13, 1996) SECTION 10. Section 6.28.140 of the Ashland Municipal Code is amended to read: 4- Ordinance F:\USER\PAUL\ORD\taxi ord final.wpd SECTION 6.28.140 Rates. The rates to be charged to passengers are to be based on the factors of mileage from the point of origin to the point of destination by the most direct route, the time involved, and the number of passengers. Each taxicab must be equipped with a taximeter to compute the rate. The rate schedule must be posted in each taxicab in a place where it may be readily viewed by the passengers. SECTION 11. Section 6.28.160 of the Ashland Municipal Code is deleted. SECTION 12. Section 6.28.170 of the Ashland Municipal Code is amended to read: SECTION 6.28.170 Applications--Information--Requirements. An application for a certificate is to be filed with the city recorder,. The application must be verified under penalty of perjury and contain or be accompanied by information and documentation specified as follows: B. C. D. The name, business address and residence address of the owner or person applying. The make, type, year of manufacture and seating capacity of the vehicle for which application for a certificate is made. A description of the proposed color scheme, insignia, trade style or any other distinguished characteristics of the proposed vehicle design. A statement whether the applicant or any officers of the applicant have been convicted of any felony, misdemeanor or violation of any municipal ordinance or state law (other than minor traffic and parking offenses), the nature of the offense and the punishment or penalty assessed. A policy of insurance in the manner and form required by this chapter from a responsible, solvent insurance carrier authorized to issue public liability and property damage insurance in the State of Oregon. A receipt from the director of finance showing the payment of a non-refundable fee. The fee is to be set by resolution of the city council Before any vehicle application is acted upon by the city administrator, the police chief is to make an investigation within 60 days from the date the application is filed. Upon completion of such investigation the police chief is to report the finding, in writing, to the city administrator. (Ord. 2735, 1994)1100 SECTION 13. The following Section 6.28.175 is added to Chapter 6.28 of the Ashland Municipal Code: SECTION 6.28.175 Issuance of Certificate. The city administrator will issue a certificate to operate a taxicab upon finding that the applicant has met the requirements of this chapter. 5- Ordinance F:\USER\PAUL\ORD\/axi ord final.wpd The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the '~'~da of ,///(/,/I./JA._ 2000, and duly PASSED and ADOPTED this r~ / day of ~ ,2000. Barbara Christensen, City Recorder SIGNED and APPROVED this ~'¢~ day of ~ ,2000. Catherine M. Shaw, Mayor Reviewed as to form: Paul Nolte, City Attorney 6- Ordinance F:\USER\PAUL\ORD\taxi ord final,wpd