HomeMy WebLinkAbout3160 Vehicles for Hire
I ORDINANCE NO. 3160
2 AN ORDINANCE RELATING TO VEHICLES FOR HIRE; REPEALING AND
3 REPLACING AMC CHAPTER 6.28 AND AMENDING AMC 6.04.085
4
Annotated to show deletions and additions to the Ashland Municipal Code sections being
5 modified. Deletions are through, bold lined and additions are bold underlined.
6
7 WHEREAS, the City of Ashland (City) has an interest in promoting and augmenting the
8 transportation services available in the City; and
9 WHEREAS, ride-sharing programs utilizing digital-based platforms, known as transportation
10 network companies, have become an increasingly important method for persons to move about in
11 other cities in Oregon; and
12 WHEREAS, enabling transportation network companies to operate in the City would increase
13 mobility and supplement the existing public transportation system; and
14 WHEREAS, the City has an interest in keeping users of all vehicles for hire, including
15 transportation network companies, physically safe and protecting them from predatory business
16 practices.
17 THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
18 SECTION 1. Ashland Municipal Code Chapter 6.28 is hereby repealed in its entirety as
19 follows:
20 6.28.01 0 Purpose
21 it is the purpose of this ordinanee to require that those per-sons operating taxieabs do so in
22 a safe, fair and effleient manner. The taxieab indust", eonstitutes an essential part of th
23 City's transportation system, and transportation so fundamentally affeets the well being o
24 the Cit~,' s eitizens that some regulation is neeessa", to ensure that the public safety4s
25 proteeted, the publie need provided for, and the public co . romoted. T
26
27 the taxieab industry to regulate itself, under City supen4sion, to promote innovation and
28 adaption to ehanging needs, and respond to eeonomies of the mar-ket pinee, so long as the
29 publie interest is sen,ed thereby.
30 28 020 Definitions
ORDINANCE BILL NO. 3152 Page 1 of 22
I
2 eesrgeuy.
3 B. Commission. The City of Ashland T-MRSPOF"OH
4 Q City Reeerden The City of Ashland City Reeor-der- or- hisMer- designee authorized to
5 perform the duties of this C-hapteF by the City .
6 D. Wiven Any peFsom duty nuthoFbed by the City as a taxieab driveF under the terms o
7 ,
8 leased, regardless of whether- the vehieles operMed ikr-e owned by the eempany,
or owned bjl,
9
10 business,
to r-eeeive money
I1 same.
12 F. Fer-sen. My individual, partnership, ,
13 or-ganimfian r-eeegnized by Oregon .
14 G. Poliee Chief The peFsan holding the position of Chief of Feliee of the Ashland poliee
15 employee, depaAment, or- any agent-,
or designee authorized to perform the duties of this
17
18 or-igifkates in the City find where the ddestim-etiann anadd route may be eentrolled by a
19 passengeF and the fave im palmilAted on the basis of any eambination of an initial ,
20 time,
21
22
23 limits,
that is
24 authorized by the City as aTaxieab eampany under- this ehapten
25
26
27 V. TFauslink Provider-. A business or- eompany that has been approved as a pr-evider- o
28
29 .
30
on an initial fee, distanee tmveled, waiting time, or- any eombination thereof-.
ORDINANCE BILL NO. 3152 Page 2 of 22
1
2
A. No Per-sen shaH operate any taxieab in the City of Ashland without p-
3 ,
4 issued pur-suant to this ehapter, A eer-tifiente may not be sold, , inar-tgaged OF
5 other-wise transfemd-.
6 Requirement.
7 1) Publie Tr-anspoFtation provided and funded in whole or- in part by publie
8 organizations shall be exempt from the permit r-equair-emmenk of th-q ehapter,
9 motels, 2) Comusy shuttles PFOVided by hotels,
and eompanies providing reer-eational
10 only,
i eanvenienee for registered guests and paying eustomem
where no
11
12 3) Speeial Vehiple-s and- Taimp Muses as defined in AAIC .
13 4) Certified T-re-n-slan-li W-A-vid-ews
thfit show proof of queh pertifientifln to the City.
14
15 A. Applieation. An appliention for- nTaxieab Compikay GeFgfiente shall he submitted to the
16 City ; iind the applieation must be signed under- penalty of perjury. The
17
18 .
19 , , and Seating Gapaeity of eaeh
20 .
21 insignia, tr-ademaFk or- any other-
22
23 4) A list from the applienat of any violation, misdemeanor-, or felony , the
24 not-app, fic the offense, and th~ punishment or- peanity assessed fOF the owner(s) and/OF
25
26 5) Pr-00f Of iBq--FRRPP, iH the manner and ferfa required by this ehnpter- bom a
27 responsible, 28 dainage insuFanee in the State Of .
29 6) A reeeipt issued by the City showing payment of the iman r-effindable applieation .
30 The fee i-q to be set by resolution of the eity .
ORDINANCE BILL NO. 3152 Page 3 of 22
1 , the
2 peliee ehief is to make an investigation within 60 days from the date the appliefition is
3 filed. Upon eampletion of sueh investigation the poliee ehief is to report his Cmdiikgs,:n
4 writing, to the City Reeor-der,
5
6 upon finding that the appliennt hns met the r-equir-ements of this ehapten
7
8
9 fee,
10 GhapteF. The annual lieense fee is due and payable an July ist of eaeh year.
11
12 Any Taxieab eompany opeFating van-dew a Gef4ifiente issued pummant to this chapteF Shan
13 eamply with the following minimum .
14 week.
A. An offiee open an-al -R#nffed- ffl-F 9 minimum of 8 hours a day, 5 days a 15 B. A dispateh system in open4ion 24 hours eneh day eapable of providing reasonably
16 telephone.
17
18 Taxieab eompany eemplies with the requirements of this Chapter,
19
20 pr-oteet the eempany to the same limits'd liability.
21 6.28.080 EquipmeRt
22 EveFy taxieab is to be equipped with the following.,
23 A. Exeept for- taxieabs ehar-ging flat f
24 with a lighted fa-pp m,h-iph Pon h-A read at all times by the .
25
26 "Fiat Rate"
16.28.150 that states 27 r top light identifying it a timmien
28 D. The eompany name and telephone number- wher-p SP-MiXi-P-P- PERM- h-P- Fequested displayed
29 on the exterior- of the .
30 E. A eel! phone or- "state of the "
ORDINANCE BILL NO. 3152 Page 4 of 22
I
I '
2 36rehiele identifiention Number 04N)-.
3
4 6.28.160.
5 H. All safety equipment FequiFed by federal lww, state law, or- this ,ineluding,
6 passenger.
but not limited to, a seat belt or other- restraining deviee for- Lwery 7
8 A-. Prior- to the aperation of any vehiele HHdeF the provisions of this , and annually
9 ,
10 Meehanie or- a gover-nmental entity laeated within Jaeksen County and shall be found to be
11 " eondition. For- the purpose of this seetion the term "Certified 12
13 equivalent.
14 B. Every taxieab must have PFOOF 0F:tS annual inspeet-inn- ill the vehiple. Proof afthe
15 basis.
inspeetien shall be sm-h-m-itted- ta- the City Reeerder on an annual 16 Q -4 Tamipab eampany operating taxienbs in violation of these FequiFements shall he Feaseff
17 .
18
19
20 $500,000 per- eeeer-0enee
21 in eambined single limit fer bodily i H ur-y and property dainage elahnS, OF ,
~500,000 per-
22 oeeUFr-enee feF bodily injury and ,
23 " " e9veFage shall be provided on an 24 , sha!l he
25 employees, Al I Cily Reenra-en The City of Ashland, its offieers,
and agents shall
26 insureds. be named as additional 27 1. T- -he, limits A-fin-m-w-fin-pe. Pmmwage required under this Seption sh-S-1-1 be subjeet to any
28
29 ee~anies
30
ORDINANCE BILL NO. 3152 Page 5 of 22
1 2. lasur-anee pol-eies for- allvehieles opemting as tam-ipabs Shall pan-tain a provision that
2 the peliey will not be redueed in eaver-age or eaneeled without 30 dw
3
4
5
6
7 ex4ent per-inkted by law, agree to defend, indemnW and hold bar-mless the ,its offieers
8 employees, and
from and against any and aH damages, losses and expenses, ineluding
9 '
10 property,
or- injqry to
11 peFsens,
12 permit.
tam-pnh --nF]Pr- the ter-ms of the GeFMeate or- 13 6.28.110 AppFOVAl of Dr-ovews
14 It iS -IN19M4411 fOF ny per-son to operate n taxieab in the City of Ashland without a T-a*ieab
15
16 ehapteF
17 Chief, 18 provided by the eity, neeempunied by the fee established by molittion of the eity .
19 '
20 '
> 1 and two passport size photos of the
21 appliesat.
22
23 appliefint's
24 24 yeaFs of age or MO
1
25 2) Has not have been ponvieted of any Mmes involving moral tuFpitude or- ,
26 driver's 3) Possesses n valid Oregen fleense,
27 4) Has not had- his Aff her dmiixerds lieenseFevoked by any state wkh-n the last flve ,
28 find
29 5) Did not malke any false statements On the .
30 ,
the -Pnlipp Chief may issue the permit The permit expiFes one year- frem the date of
ORDINANCE BILL NO. 3152 Page 6 of 22
i
I
2
3 ishall requilt in- 'Ate 4 fees.
5 ' s per-m:t shall be issued or- renewed te any per-son if
6 ' the eity deter-mines, after- a review of a 7 in-fer-m-at-Fin the Pity deems peFfinent-, that the publie health, > and safety would not
8 be seFved by the' t! of a peFmit to that peFson. if the applieation is ,
9 the applienat may, within seven days of notifleation of the denial by the , appeal the
10 matter in writing to the City Reeor-deF afid proeeed through the administrative appeals
11 .
12 6.28.120 OpeFating Regulations of Ta*ieab Companies and DAwFR
13 .
Ax T-a*ieab Companies. A- q-PA-*ipnh- Company shall not-
14 1. Allow a" taxienh to be dFiven that has not been inspeeted and pr-opedy ,
15 OF
16 2. Allow peFseas to apeFate ta*ipnh--q that do not have, a valid T-amipab dFWer- peFmit
17 issued pursuant to this ehapten
18 .
19 1. T-r-anspoFt a passenger to his destination by any other- than the most dir-eet and safe
20 route, unless requested to do so by the ,
21 2. Fail to give a eor-reetreeeipt upon PHYRielit Of thm 0AFFASt faFPif requested to do so
22 by the passenger-,
23 -3. re-r-mit additional per-sons to eeeupy or- ride in the taideab with,out PAR-Sent Afth-e
24 eFigieslpesseegeF;
25
any passenger- of proper- demeano
26
27 not already in serviee, and who im A-hip M d-em-na-str-ate the ability and willingness to pay
28 the fam.
29 rates, S. C-hikr-ge n fare higher- than the posted
or- try to defFaud a --y
30
or-
more time.
ORDINANCE BILL NO. 3152 Page 7 of 22
l
Suspension, Revoeation, oF Appeal of CeFt-fleate or- Permit
2 A. Any eer-tifieate or per-mot may be suspended or revoked by the City Reeor-der if the-eity
3 finds after n reasonable an vestigntion verifying that any one or more of the following
4 eonditions .
5
6 days without obtaining per-mission for- the eessation of sueh operation ffom the eity-,
7 2. TheTaxieah eompany andloF driver- fails to operate the taxieab in aeeor-danee with
8 the pr-ovis-ons of this ehapter,
10 r-equir-ed to be paid by the provisions of this ehapter,
11 safety,
and
12
13
14 writing,
setting forth
15 the reasons therefore and the right of appeal pursuant to AMC .
16
17 mailing a eopy theFeof by-fiir-A elass United States mail addFessed to the tax-eab eompany
18
19 or- Feeewal.
20 D. NotwUhstanding subseetion (C) of this ,
21 effeetive immediately -f the eity finds reasonable gr-ounds to believe thnt,
.
22 ' s permit is not eover-ed by liability insur-anee as
23 r-equiFed by this ehapt^"
24
25 by this ,
,
26 3. Continued operation by the taxieub eompany or- taxiefib driver- would
27 welfare.
28 6.28.1 An Surrender- of Cer-t;fiente or- Permit
29 Any eer-tifieates or- permits suspended or revoked by the City shall be surrendered to the
30 City Reeor-der- and the operations of any taxienbs eover-ed by sueh eer-tifientes shall .
ORDINANCE BILL NO. 3152 Page 8 of 22
I HOt Feplaee it within 45 days shall immediately surrender- any eerstifieEAe gFoated for- the
z
3
4 th-pr-PM-r- on- the manner- pmAded On this .
5 6 29 Igo Itntes
6
7 rate,
the rates to be ehar-ged to passengeFs fir-e to he h--nqpd An
8 the &-ptFinq nf -mileage ffom the point of eFigin to the point of destination by the most dir-eet
9 involved, Foute, the time
and the number- of passengers. No taximb may eharge any fees oF
10 rates other- than these that are .
11 6.28.160 Geinplak&
12
13 "
14
15 r-eeoFd of all eemplaints shall be open to inspeetion and review by the City at afty time on
16 its request:
17
18, or- by telephone.
19
20 Any FeFson thatvialates any provision of this Chapter- through its operation of a tameab
21 seFviee from points originating within the City of Ashland Sh-all he deemed guitty of a
22 separate violation an eneh and ever-Y day or- poFfien thereof during w-hieh the violation is
23 eammitted, eonti and upon eenvietion of any , the Per-son
24 shall be punished as pr-eseFibed in AMG .
25 SECTION 2. Ashland Municipal Code Chapter 6.28 is hereby replaced as follows:
26 6.28.010. Title and Purpose.
27 A. This Chapter shall be known and may be cited as the Vehicle for Hire Code of
28 the City of Ashland.
29 B. The permits and regulations created by this Chapter are intended to establish a
30 means to protect public health, safety, and welfare and allow fair competition.
Nothing contained in this Chapter is intended or shall be construed to create any
ORDINANCE BILL NO. 3152 Page 9 of 22
I liability on the part of the City, its officers, or its employees for any injury or
2 damage related to any provision of this Chapter, or by reason or in consequence of
3 any act or omission in connection with the implementation or enforcement of this
4 Chapter on the part of the City, its officers, or its employees.
5 6.28.020. Definitions.
6 A. Digital Dispatch System: An internet-based software application, website,
7 platform, or interface that allows for the solicitation, arrangement, or provision of
8 Vehicle for Hire services and for the display of rates, the calculation of fares, or the
9 acceptance of payment for Vehicle for Hire services.
10 B. _ Dynamic Pricing: The pricing of Transportation Services as impacted by
11 market demand, which can be an upward or downward deviation from the
12 customary fares established by Vehicle for Hire Agencies.
13 C. Limousine: A luxury motor Vehicle for Hire which has a chassis and wheelbase
14 that have been lengthened beyond the original manufacturer's specifications,
15 whether at the time of manufacture or after, and which is used to provide
16 prearranged transportation services under a contract or agreement for such
• 17 services.
18 D. Limousine Company: Any person operating one or more limousines, other than
19 as a driver, regardless of whether the limousines so operated are owned by the
20 company, leased, or owned by individual members or employees of the company.
21 E. Permit: The written form of permission from the City required in order to
22 operate a business or pursue a vocation as required by this Chapter.
23 F. Person: Any natural person, partnership, corporation, limited liability company.
24 government entity, association, or other entity in law or fact.
25 G. Severe mobility limitation: A physical impairment that precludes a person's
26 ability to walk without the physical assistance of another person and/or the
27 assistance of a wheelchair, stretcher, or similar device. Persons who can walk with a
28 walker or cane but do not need the assistance of another person shall not be
29 considered as having a severe mobility limitation.
30 H. Taxi: A Vehicle for Hire other than a Limousine or Transportation Network
Vehicle.
ORDINANCE BILL NO. 3152 Page 10 of 22
1 I. Taxi Company: Any person operating one or more Taxis, other than as a driver,
2 regardless of the legal form of the entity and regardless of whether the Taxis so
3 operated are owned by the company, or leased, or owned by individual members or
4 employees of an entity.
5 J. Taximeter: A mechanical or electronic device which calculates and displays a
6 fare for transportation services based on an initial fee, distance traveled, waiting
7 time, or any combination thereof.
8 K. Transportation Network: One or more Drivers utilizing a Digital Dispatch
9 System, and using personal motor vehicles in the provision of Transportation
10 Services.
11 L. Transportation Network Company or TNC: Any person that operates or
12 facilitates a transportation network.
13 M. Transportation Network Vehicle: A motor vehicle which is used as a Vehicle for
14 Hire and is part of a Transportation Network.
15 N. Transportation Services: Motor vehicle transportation of persons or goods for
16 compensation of any kind, except transportation provided by a public or
17 governmental entity: transportation that is regulated entirely by the state of Oregon
18 or the federal government: or transportation of goods provided by a person that
19 engages solely in the transportation of goods.
20 O. Vehicle for Hire: A motor vehicle used to provide Transportation Services for
21 compensation of any kind where such services are not operated exclusively over a
22 fixed or defined route, including Taxis, Limousines, and Transportation Network
23 Vehicles. The following vehicles shall not be considered Vehicles for Hire for the
24 purposes of this Chapter and are prohibited from operating as a Taxi, Limousine,
25 or Transportation Network Vehicle: i. ambulances equipped and staffed so as to be
26 capable of providing emergency medical services: ii. courtesy vehicles used by a _
27 hotel, motel, car rental company, residential home, parking facility, or other
28 business where transportation is secondary to the business' primary purpose and is
29 provided free of charge or as part of the general overhead of the business; iii.
30 vehicles operated by public entities: iv. delivery vehicles used exclusively for
delivering property exclusive of passenger transportation: and v. volunteer-driven
ORDINANCE BILL NO. 3152 Page 11 of 22
I vehicles operated by a person who does not receive wages, salary, or other
2 compensation.
3 P. Vehicle for Hire Agency: A person engaged in the business of furnishing or
4 providing one or more vehicles for hire through a digital dispatch system or by any
5 other means, regardless of whether such business has employees or delivers its
6 services through independent contractors. Vehicle for Hire agencies include, but
7 are not limited to, Taxi Companies. Transportation Network Companies, and
8 Limousine Companies.
9 O. Vehicle for Hire Driver or Driver: A person who physically operates a Vehicle
10 for Hire. ,
11 R. Wheelchair-Accessible Vehicle or WAV: A Vehicle for Hire that is equipped
12 with a hydraulic or electric lift or ramps designed for the purpose of transporting
13 wheelchair users or persons using mobility devices or which contains any other
14 physical device or alteration designed to permit access to the vehicle in order to
15 provide the transportation of physically disabled persons using wheelchairs or other
16 mobility devices.
17 6.28.030. Permit Required, Fees.
18 A. No Vehicle for Hire Agency shall conduct business or operate in the City without
19 a valid Permit.
20 B. No Vehicle for Hire Driver shall conduct business or operate in the City without
21 a valid Permit.
22 C. The City may issue a Permit to a Vehicle for Hire Agency if the agency
23 certifies on a form acceptable to the City that it is in compliance with all of the
24 requirements of this Chapter including, but not limited to: insurance requirements,
25 operating standards, records retention requirements, and any other requirements of
26 the Ashland Municipal Code, and the City determines that the Vehicle for Hire
27 Agency actually meets all applicable standards and requirements.
28 D. The City may issue a Permit to a Vehicle for Hire Driver if the Driver certifies
29 on a form acceptable to the City that he or she is in compliance with all of the
30 requirements of this Chapter and any other applicable requirements of the Ashland
ORDINANCE BILL NO. 3152 Page 12 of 22
I Municipal Code, and the City determines that the Vehicle for Hire Driver actually
2 meets. all applicable standards and requirements.
3 E. The City may include additional conditions, restrictions, or special provisions
4 related to routes, hours of operation, designated pick-up or drop-off sites, lighting,
5 or other alternate requirements in a Permit if, in the City's sole discretion, such
6 additional conditions, restrictions, or special provisions are warranted.
7 F. Any Permit issued under this Chapter is valid for one (1) year from the date of
8 issue. Any renewal of a Permit must be approved by the City prior to the expiration
9 date of the current Permit in order for the Vehicle for Hire Agency or Vehicle for
10 Hire Driver to continue operating within the City.
11 G. An application fee shall be required before any Permit is issued pursuant to this
12 Chapter. This fee is intended to reimburse the City for its reasonable costs in
13 administering the requirements of this Chapter and in maintaining and operating
14 the streets within the City. The application fee for an initial Permit or for any
15 renewal of a Permit shall be $5000.00 for Transportation Network Companies,
16 $500.00 for Taxi Companies, $500.00 for Limousine Companies, and $60.00 for
17 Vehicle for Hire Drivers. The application fee shall be waived for any Vehicle for
18 Hire Driver who proves to the satisfaction of the City that he or she operates a
19 Wheelchair Accessible Vehicle or a fully electric vehicle as a Vehicle for Hire.
20 H. The application fee shall be paid to the City at the time of submitting an initial
21 application for a Permit and at the time of submitting any renewal application.
22 I. In addition to the requirements set forth in this Chapter, all Vehicle for Hire
23 Agencies and Vehicle for Hire Drivers must comply with applicable federal and
24 state law.
25 6.28.040. Driver Requirements.
26 All Drivers shall be at least twenty-one (21) years of age and shall possess a valid Oregon
27 driver's license, proof of a current motor vehicle registration, and proof of current
28 automobile liability insurance that meets the requirements of this Chapter and state law.
29 6.28.050. Agency Requirements, Background Checks.
30 A. Every Vehicle for Hire Agency shall maintain accurate and current records for
all Drivers employed by, contracting with, or affiliated with the agency, including all
ORDINANCE BILL NO. 3152 Page 13 of 22
I Drivers accessing the agency's Digital Dispatch System to operate in the City. These
2 records shall include the Driver's name, date of birth, address, social security
3 number, criminal background check results, driver's license information, motor
4 vehicle registration, and automobile insurance. These records will be made
5 available to the City promptly upon request.
6 B. Prior to permitting a person to operate as a Vehicle for Hire Driver, and .
7 annually thereafter, a Vehicle for Hire Agency shall conduct, or have a qualified
8 third party conduct, a criminal background check of the potential Driver. The
9 criminal background check shall include a search of no less than
10 years of history, unless prohibited by law, in which case the duration of the search
11 shall be the maximum number of years permitted by law. The criminal background
12 check shall include local, state, and national criminal history databases and all
13 accessible sex offender registries. Any person who is on a sex offender registry may
14 not act as a Driver. Any person that_has a record of a felony conviction within the
15 previous eyen (7 % Years may not act as a Driver. A record of a conviction
16 of any of the following crimes within the previous seven ( vears will also
17 disqualify a person from being a Driver: any crime involving driving while under
18 the influence of alcohol or a controlled substance, any sexual offense, or any crime
19 involving physical harm or attempted physical harm to a person. The Vehicle for
20 Hire Agency or its agent shall maintain records of all criminal background checks
21 for a period of at least two (2) years. For purposes of this section, the term
22 "conviction" includes convictions, bail forfeitures, and any other final adverse
23 findings.
24 C. A Vehicle for Hire Agency shall revoke a Driver's authority to operate as a
25 Driver for the agency and immediately inform the City if it finds at any time that
26 the standards set forth in. this Chapter are no longer being met by the Driver. The
I
27 Vehicle for Hire Agency shall only reinstate a Driver upon a finding by the agency
28 that all standards are again being met by the Driver.
29 6.28.060. Insurance Requirements.
30 A. For all required insurance, Vehicle for Hire Agencies shall provide certificates of
ORDINANCE BILL NO. 3152 Page 14 of 22
I insurance and endorsements naming the City, its officers, agents, and employees as
2 additional insured parties and give at least thirty (30) calendar days' notice to the
3 City before a policy is canceled, expires, or has any reduction in coverage.
4 B. The insurance requirements of this section shall be satisfied by insurance issued
5 by a licensed insurer or an eligible surplus lines insurer in the State of Oregon.
6 C. The insurance limits for Vehicle for Hire Agencies are subject to statutory
7 changes as to maximum limits of liability imposed on municipalities of the State of
8 Oregon during the term of any Permit.
9 D. The adequacy of insurance coverage is subject to the review and approval of the
10 Citv.
I 1 E. Every Vehicle for Hire Agency shall maintain continuous, uninterrupted
12 coverage for the duration of the Permit and any operations in the City. Any lapse in
13 insurance coverage, even if it is later backdated by the insurance company, is a
14 violation of this Chapter.
15 F. Every Vehicle for Hire Agency shall secure and maintain commercial general
16 liability insurance with limits of not less than $1 million per occurrence and $2
17 million in the aggregate for claims arising out of, but not limited to, bodily injury
18 and property damage incurred in the course of operating in the City.
19 G. Taxi Companies and Limousine Companies shall secure and maintain
20 commercial automobile liability insurance covering Vehicles for Hire operated
21 within the City, with a combined single limit of not less than $1 million per
22 occurrence for claims arising out of, but not limited to, bodily injury and property
23 damage incurred in the course of operating in the City.
24 H. TNC Service Periods Defined:
25 (1) Period 1: The TNC Driver has logged into the Digital Dispatch System or
26 is otherwise connected to the TNC's Digital Dispatch System, but has not yet
27 accepted a request for a ride from a passenger. For example, the Digital
28 Dispatch System is open, and the Driver is waiting for a match.
29 (2) Period 2: A passenger match has been accepted by the Driver, but the
30 passenger is not yet picked up (for example, the Driver is on the way to pick
up the passenger).
ORDINANCE BILL NO. 3152 Page 15 of 22
1 (3) Period 3: A passenger is in the Vehicle for Hire.
2 I. Upon City request and as part of a Permit application, TNCs shall provide proof
3 of current, valid insurance for City approval covering all affiliated Drivers and
4 Vehicles for Hire operating for such TNC and satisfying the minimum liability
5 limits for Periods 1, 2, and 3 set forth in this Section.
6 J. All TNCs shall maintain and provide the City with proof of the following
7 automobile liability coverages:
8 (1) Primary insurance coverage during Period 1 with minimum liability
9 limits of $50.000 per person for death and injury. $100,000 per incident for
10 death and injury, and $25.000 for property damage, in addition to any other
11 coverage required by the State of Oregon.
12 (2) Primary insurance coverage during Periods 2 and 3 with minimum
13 liability limits of $1 million in combined single limit coverage for death,
14 personal iniury, and property damage per incident; and $1 million in
15 combined single limit under/uninsured motorist coverage for death, personal
16 iniury, and property damage per incident.
17 (3) The required automobile liability insurance shall specifically recognize
18 the Driver's provision of TNC and Vehicle for Hire services and shall comply
19 with the laws of the State of Oregon and/or other applicable governing
20 bodies.
21 K. Vehicle for Hire Drivers shall be responsible for maintaining all personal
22 automobile liability insurance required by State law.
23 6.28.070. Operational Requirements.
24 A. TNCs shall maintain accurate records and data of all trips made by all Drivers
25 for at least one (1) year from the date of the trip. The records and data may be
26 aggregated and/or anonvmized, and shall include, at minimum, the locations-by ZIEP
27 code of trip origination and destination, vehicle miles traveled, trip origination and
28 completion times, trip duration, and passenger wait times calculated from a
29 Driver's acceptance of a request to passenger pick-up. The City may require a TNC
30 to enter into a data sharing agreement in order to receive a Permit.
ORDINANCE BILL NO. 3152 Page 16 of 22
I B. All vehicles operating for or affiliated with a TNC or Taxi Company shall be
2 clearly marked with the company name or logo. Vehicles operating for a Taxi
3 Company shall include the Taxi Company name or logo, phone number, and a
4 vehicle identification number in plain sight. Vehicles operating for or affiliated with
5 a TNC shall be clearly marked as operating for the TNC, although any vehicle
6 marking requirements imposed by the TNC may apply. A TNC's Digital Dispatch
7 System or website shall display for the passenger the make, model, and license plate
8 number of the TNC Vehicle for Hire accepting a service request.
9 C. Drivers operating a Transportation Network Vehicle may not accept street hails
10 and may only accept rides arranged through a TNC's Digital Dispatch System.
11 D. Vehicle for Hire Agencies shall implement and maintain at all times a zero
12 tolerance policy on the use of drugs or alcohol applicable to all Drivers employed by
13 or affiliated with the agency while providing Vehicle for Hire Services. Agencies
14 shall provide notice of the zero tolerance policy on their website(s) and/or have it
15 clearly displayed in each Vehicle for Hire. The notice must include contact
16 information to report a complaint about a Driver for possible violation of the policy.
17 An agency shall immediately suspend a Driver upon receipt of a passenger
18 complaint alleging a violation of the zero tolerance policy for at least the duration of
19 the investigation of the complaint. An agency shall notify the City within forty-eight
20 (48) hours of receiving any complaint against an affiliated Driver.
21 E. Drivers shall not operate a Vehicle for Hire for more than twelve (12) hours in
22 any given twenty-four (24) hour period.
23 6.28.080. Reasonable Accommodations, WAVs.
24 A. Vehicle for Hire Agencies must provide reasonable accommodations to
25 passengers with disabilities, including passengers accompanied by a service animal,
26 passengers with hearing and visual impairments, and passengers with mobility
27 devices. Vehicle for Hire Agencies must comply with all applicable requirements of
28 the Americans with Disabilities Act.
29 B. Vehicle for Hire Agencies and their Drivers shall provide services in a manner
30 that ensures the equal protection, treatment, and representation of all persons and
shall not discriminate against any person for any reason, including, but not limited
ORDINANCE BILL NO. 3152 Page 17 of 22
I to, age, citizenship status, color, familial status, gender identity or expression,
2 marital status, mental disability, national origin, physical disability, race, religion,
3 sex, sexual orientation, and source or level of income.
4 C. Taxi Companies and TNCs must provide service to any passenger with a severe
5 mobility limitation that requests a Wheelchair-Accessible Vehicle. Taxi Companies
6 and TNCs shall provide WAV service within a reasonable amount of time by
7 maintaining one or more affiliated Wheelchair-Accessible Vehicles, contracting with
8 a permitted operator of Wheelchair-Accessible Vehicles, or a combination thereof.
9 It is a rebuttable presumption that failing to provide a WAV within forty-five (45)
10 minutes of receipt of a request for such a vehicle is unreasonable.
11 D. Fare rates for WAVs shall not exceed the fare rates for comparable non-WAV
12 vehicles and shall not be subject to Dynamic Pricing.
13 6.28.090. Vehicle Safety Inspection.
14 Each Vehicle for Hire operating in the City shall pass on an annual basis a standardized
15 vehicle safety test as performed by a National Institute for Automotive Service Excellence
16 (ASE) Blue Seal recognized shop or by an automotive technician with a current, valid ASE
17 certification in any of the areas of ASE A4-A8. Any vehicle that is less than two (2
C
18 ~ old, based on model year, or has less than 0.0008 000 miles on its odometer
19 is exempt from this requirement. Proof of passage of a standardized vehicle safety test
20 shall be kept in the vehicle at all times.
21 6.28.100. Audit of Records.
22 The City may audit the records of any Vehicle for Hire Agency, including records related
23 . to its Drivers, twice per calendar year to ensure compliance with this Chapter. Upon
24 request by the City, a Vehicle for Hire Agency shall provide the City a sample of records
25 for up to thirty (30) Drivers affiliated with the agency that have operated or provided
26 services in the City in the thirty (30) days preceding the audit. An audit shall occur at a
27 time and location designated by the City. In addition to an audit, the City may require a
28 Vehicle for Hire Agency to produce records related to the investigation of a specific
29 allegation of a violation of this Chapter or other applicable law, or records to enable the
30 City to evaluate a complaint. Production of records for an investigation or to evaluate a
complaint does not count toward the twice-per-year auditing limit.
ORDINANCE BILL NO. 3152 Page 18 of 22
1 6.28.110. Taximeter Inspection.
2 Every Taximeter in use by a Vehicle for Hire Agency shall be inspected and tested for
3 accuracy by the agency at least once every six (6) months.
I
4 6.28.120. Charges for Vehicle for Hire Services.
5 A. Calculation and Display of Charges. All charges for Vehicle for Hire Services,
6 shall be calculated and displayed by a Taximeter or Digital Dispatch System or shall
7 be a flat fee readily discernible to passengers. When charges are to be displayed by
8 a Taximeter, the Taximeter shall be placed in the Vehicle for Hire so that the
9 reading dial showing the amount to be charged is illuminated and readily
10 discernible to passengers.
11 B. _ Charges to be Registered Only When Vehicle for Hire is Engaged. No Taximeter
12 or Digital Dispatch System shall be operated in any manner so as to cause any
13 charge to be registered thereon except during the time while the Vehicle for Hire is
14 occupied by a passenger.
15 C. Taximeter or Digital Dispatch System to be in Continuous Operation. No
16 passenger shall he carried in any Vehicle for Hire unless the Taximeter or Digital
17 Dispatch System is in operation, whether or not the trip is entirely within or
18 partially within and partially without the boundaries of the City. The Taximeter or
19 Digital Dispatch System shall be in continuous operation during the entire time that
20 a passenger is being transported for compensation.
21 D. Specialized charges. A Vehicle for Hire Agency may impose a specialized charge
22 to carry extra passengers or to deliver goods or other items so long as such
23 specialized charge is clearlv calculated and displayed before any service is provided.
24 6.28.130, Use of Direct Route Required.
25 A Vehicle for Hire Driver employed to carry a passenger to a definite point shall take the
26 most direct route possible that will carry the passenger safely and expeditiously to the
27 passenger's destination.
28 6.28.140. Smoking Prohibited.
29 A. It shall be unlawful for any Vehicle for Hire Driver to smoke in the presence of
30 any passenger without the consent of such passenger,
ORDINANCE BILL NO. 3152 Page 19 of 22
i
I B. Notwithstanding subsection A. of this section, it shall be unlawful for any person
2 to smoke in a Vehicle for Hire if oxygen tanks or other devices containing
i
3 inflammable materials are present in the vehicle.
4 6.28.150. Revocation or Suspension of Permit.
5 In addition to any other enforcement option provided by the AMC, the City may suspend,
6 revoke, or refuse to issue a Permit to a Vehicle for Hire Agency or a Vehicle for Hire
7 Driver if the agency or Driver fails to meet or has violated any of the provisions of this
8 Chapter. A violation includes any failure to meet or maintain any of the requirements or
9 qualifications set forth in this Chapter, including the procedures and requirements for
10 obtaining and maintaining a Permit, the making of any false statement or representation,
11 or otherwise engaging in unlawful activity. The decision to suspend, revoke, or refuse to
12 issue a Permit may be appealed as set forth in AMC Chapter 2.30.
13 6.28.160. Enforcement.
14 The City has the administrative authority to implement and enforce this Chapter,
15 including adoption of administrative rules, regulations, or policies. This provision shall not
16 be construed to abrogate or limit the jurisdiction or authority of the Ashland Police
17 Department or any other law enforcement agency.
18 6.28.170. Effeetive Dat@Effect on Current Certificates.
19 Any Vehicle for Hire Agency certificate or Vehicle for Hire Driver certificate that is
20 current and valid as of the effective date of this Chapter shall remain valid until January 1,
21 2019, unless the certificate or permit holder wishes to apply for a new Permit under this
22 Chapter.
23 6.28.190. Violations, Penalties.
24 A. It shall be unlawful to operate or provide services as a Vehicle for Hire Agency
25 or Vehicle for Hire Driver in the City without a valid Permit issued pursuant to this
26 Chapter.
27 B. It shall be unlawful to refuse service to a person with a disability.
28 C. It shall be unlawful to operate a Vehicle for Hire in the City without having an
29 annual vehicle inspection as required by AMC 6.28.090.
30 D. A violation of subsection A of this section is a Class I violation. A violation of
subsection B of this section is a Class I violation. A violation of subsection C of this
ORDINANCE BILL NO. 3152 Page 20 of 22
( t
I section is a Class II violation. A violation of any other provision of this Chapter is a
2 Class R violation. Each day that a violation continues shall constitute a separate
3 violation.
4 6.28.200. Review by Council
5 Xhis_Chapter ,6.28 shall be brought before the Council at its first business meetius in
6 ecember of 2019 iu order for the Council to review its impacts:
7 SECTION 3. Ashland Municipal' Code 6.04.085 is hereby amended to read as follows
8 6.04.085 Business License Exemptions.
9 t>-The following persons and activities are exempt from the license requirement
10 imposed by the Business )license Law
11 Persons whom the City is prohibited from licensing or taxing under th
12 constitution or laws of the United States, the constitution or laws of the State o
13 pregon, or the Charterof the Citiy
14 2. Nonprofit or charitable, religious or educational organizations which have
15 received a+tax exempt certificate from the Internal Revenue Service, and whic
16 evote the net proceeds from the sale of nods or services to the purpose of th
17 organ ation~
18 0. The sale of personal -property acquired for household or other personal use b J
19 a seller; provided, that the total' length of sale is fewer than 4 da s iv n any one
20 Palen az yeaz~
21 P4. The operation of a display space, booth or table maintained for displace o
22 selling merchandise at any trade show, convention, festival, fair, market, or swap,
23 get provided, that the sponsor of the event is licensed to do business,
24 3. Any Family Day Care Provider who regularlY_provides day carein th
25 rovider's home in the family. living quarters, or any babysitter who goes into a
26 home of a child to give_ care during the temporary absence of the parent legal
27 agu tdian, or custodian
28 6: AnY unincorporated business activity carried on by individuals under the agg'
29 of 18
30 -7 Rental of just one dwelling uniffor periods of 30 consecutive days or inore,
ORDINANCE BILL NO. 3152 Page 21 of 22
I H8. Dwelling-for-dwelling home exchanges in which neither owner receives
2 monetary compensation.
3 I. Vehicle for Hire Drivers that possess a valid permit in compliance with
4 AMC Chapter 6.28.
5 SECTION 4. Codification. In preparing this ordinance for publication and distribution, the
6 City Recorder shall not alter the sense, meaning, effect, or substance of the ordinance, but within
7 such limitations, may:
8 (a) Renumber sections and parts of sections of the ordinance;
9 (b) Rearrange sections;
10 (c) Change reference numbers to agree with renumbered chapters, sections or other parts;
11 (d) Delete references to repealed sections;
12 (e) Substitute the proper subsection, section, or chapter numbers;
13 (f) Change capitalization and spelling for the purpose of uniformity;
14 (g) Add headings for purposes of grouping like sections together for ease of reference; and
15 (h) Correct manifest clerical, grammatical, or typographical errors.
16 SECTION 5. Severability. Each section of this ordinance, and any part thereof, is severable,
17 and if any part of this ordinance is held invalid by a court of competent jurisdiction, the
18 remainder of this ordinance shall remain in full force and effect.
19 The foregoing ordinance was first read by title only in accordance with Article X,
20 Section 2(C) of the City Charter on the 21st day of August, 2018,
21 and duly PASSED and ADOPTED this 18t" day of September, 2018,
22 ~ ) 1 1 ,
23 Melissa Huuht~al-a-,City Recorder
24
SIGNED and APPROVED this 18th day of September, 2018,.
25
26
27 ~Jo Strom erg, Mayor
28
29 Revie~red as to form:
3 0 ~ ~Z
David H. Lo an, ity Attorney
ORDINANCE BILL NO. 3152 Page 22 of 22