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HomeMy WebLinkAbout2969 Taxicab Certification ORDINANCE NO. ~q loC} AN ORDINANCE RELATING TO TAXICABS, PROVIDING FOR CERTIFICATION OF TAXICAB COMPANIES AND DRIVERS, AND REPEALING CHAPTER 6.28 Annotated to show dolotions and additions to the code sections being modified. Deletions are bold . and additions are bold underlined. WHEREAS, Article 2. Section 1 of the Ashland City Charter provides: Powers of the City The City shall have all powers which the constitutions, statutes, and common law of the United States and of this State expressly or impliedly grant or allow municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, shall possess all powers hereinafter specifically granted. All the authority thereof shall have perpetual succession. WHEREAS, the above referenced grant of power has been interpreted as affording all legislative powers home rule constitutional provisions reserved to Oregon Cities. City of Beaverton v. International Ass'n of Firefiahters, Local 1660. Beaverton Shop 20 Or. App. 293; 531 P 2d 730, 734 (1975); and WHEREAS, the taxicab chapter required revision of its definitions to provide clarity; and WHEREAS, it has become necessary to make it clear what activities are exempt from the taxicab permitting process; and WHEREAS, the process of issuing taxicab company certificates and taxicab driver permits needed to be updated and clarified; THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOllOWS: SECTION 1. Sections 6.28.010 [Purpose] through 6.28.170 [Violation - Penalty] are hereby added to read as follows: 6.28.010 Purpose. It is the purpose of this ordinance to reauire that those persons operatina taxicabs do so in a safe. fair and efficient manner. The taxicab industry constitutes an essential part of the City's transportation system. and transportation so fundamentally affects the well-beina of the City's citizens that some reaulation is necessary to ensure that the public safety is protected. the public need provided for. and the public convenience promoted. The provisions contained herein should be applied and enforced in such a manner as to reauire the taxicab industry to reaulate itself. under City supervision. to promote Page 1 of 9 innovation and adaption to chanaina needs. and respond to economics of the market place. so Ion a as the public interest is served thereby. 6.28.020 Definitions. A. Certificate. A current certificate issued under this chapter to operate a Taxicab company. B. Commission. The City of Ashland Transportation Commission. c. City Recorder. The City of Ashland City Recorder or his/her desianee authorized to perform the duties of this Chapter bv the City Recorder. D. Driver. Anv person dulv authorized bv the City as a taxicab driver under the terms of this chapter that operates taxicabs as a driver for any permitted taxicab company. reaardless of whether the vehicles operated are owned bv the company. leased. or owned bv individual members of the company. E. Operate. To drive a taxicab. to use a taxicab in the conduct of business. to receive money from the use of a taxicab. or cause or allow another person to do the same. F. Person. Anv individual. partnership. trust. estate. corporation. or other form of business oraanization recoanized bv Oreaon law. G. Police Chief. The person holdina the position of Chief of Police of the Ashland police department. or any aaent. emplovee. or desianee authorized to perform the duties of this chapter by the Police Chief. H. Taxicab. Anv motor vehicle which carries passenaers for hire when the iourney oriainates in the City and where the destination and route may be controlled bv a passenaer and the fare is calculated on the basis of any combination of an initial fee. distance traveled. waitina time. or a flat fee. Anv vehicle which has an appearance deceptivelv similar to a taxicab is a taxicab for the purposes of this chapter. I. Taxicab company. Anv Person that operates taxicabs that either has its primary place of business within the city limits. or reaularlv conducts business within the city limits. that is authorized bv the City as a Taxicab company under this chapter. J. Taxicab driver permit. A permit issued to a driver that demonstrates the driver is an authorized taxicab driver under this chapter. Page 2 of 9 -,----- K. Translink Provider. A business or company that has been approved as a provider of transportation services bv the federal aovernment bv meetina federal standards and receipt of a certificate evidencina such compliance. L. Taximeter. A mechanical or electronic device which calculates and displavs a fare based on an initial fee. distance traveled. waitina time. or any combination thereof. 6.28.030 Taxicab Company Certificate Reauired - Exemptions A. No Person shall operate any taxicab in the City of Ashland without possessina. in addition to any license reauired bv any other law. a valid Taxicab Company Certificate issued pursuant to this chapter. A certificate mav not be sold. assianed. mortaaaed or otherwise transferred. B. Exemptions to Certificate Reauirement. 1) Public Transportation provided and funded in whole or in part bv public oraanizations shall be exempt from the permit reauirements of this chapter. 2) Courtesy shuttles provided bv hotels. motels. and companies providina recreational activities as a convenience for reaistered auests and pavina customers onlv. where no additional charaes applv. 3) Special Vehicles and Tour Buses as defined in AMC 6.30. 4) Certified Translink Providers that show proof of such certification to the City. 6.28.040 Taxicab Company Certificate Applications - Issuance A. Application. An application for a Taxicab Company Certificate shall be submitted to the Citv Recorder. and the application must be sianed under penaltv of periurv. The application documents must contain the followina: 1) The name. business address and residence address of the applicant. 2) The make. type. year of manufacture. VIN number. and Seatina Capacity of each vehicle that will be operated as a taxicab under the Taxicab company certificate. 3) A description of the proposed color scheme. insiania. trademark. or any other distinauished characteristics of the proposed vehicle desian. 4) A list from the applicant of any violation. misdemeanor. or felonv convictions. the nature of the offense. and the punishment or penaltv assessed for the owner(s} and/or anv officers of the Taxicab company. 5) Proof of insurance in the manner and form reauired bv this chapter from a responsible. solvent insurance carrier authorized to issue public liabilitv and propertv damaae insurance in the State of Oreaon. Page 3 of 9 -~T- 6) A receipt issued bv the City showina payment of the non-refundable application fee. The fee is to be set bv resolution of the city council. 7) Before any Taxicab companv application is acted upon bv the City Recorder. the police chief is to make an investiaation within 60 days from the date the application is filed. Upon completion of such investiaation the police chief is to report his findinas. in writina. to the City Recorder. B. Issuance of Certificate. The City Recorder will issue a certificate to operate a taxicab upon findina that the applicant has met the reauirements of this chapter. 6.28.060 Annual Taxicab Company Certificate Renewal. Taxicab company certificates shall be renewed upon submission of the annual certificate fee. as established bv resolution of the city council. unless otherwise revoked under this Chapter. The annual license fee is due and pavable on Julv 1st of each year. 6.28.070 Minimum Standards for Taxicab Companies. Anv Taxicab company operatina under a Certificate issued pursuant to this Chapter shall complv with the followina minimum standards: A. An office open and staffed for a minimum of 8 hours a day. 5 days a week. B. A dispatch system in operation 24 hours each day capable of providina reasonablv prompt service in response to reauests received bv telephone. c. Facilities and personnel sufficient to insure that every taxicab operated bv the Taxicab company complies with the reauirements of this Chapter. D. Insurance policies in force sufficient to meet the reauirements of this Chapter and to protect the company to the same limits of liabilitv. 6.28.080 Eauipment Every taxicab is to be eauipped with the followina: A. Except for taxicabs charaina flat rates. a taximeter in accurate operatina condition with a liahted face which can be read at all times bv the customer. B. Taxicabs charaina flat rates must be eauipped with a sian complvina with section 16.28.150 that states "Flat Rate" in a conspicuous location inside the taxicab. c. A top liaht identifvina it as a taxicab. D. The company name and telephone number where service can be reauested displaved on the exterior of the taxicab. E. A cell phone or "state of the art" taxi radio on a clear coordinated taxicab radio freauencv for customer comfort and rapid dispatchina of calls for service. F. A current copv of the Taxicab company certificate with the approved vehicle's Vehicle Identification Number (VIN). G. A notice providina information necessary to file a complaint as reauired bv section 6.28.160. Page 4 of 9 H. All safety eauipment reauired bvfederallaw. state law. or this Chapter. includina. but not limited to. a seat belt or other restrainina device for every passenaer. 6.28.090 Inspection and Maintenance of Taxicabs A. Prior to the operation of any vehicle under the provisions of this chapter. and annuallv thereafter. each taxicab shall be thorouahlv examined and inspected bv either a Certified Mechanic or a aovernmental entity located within Jackson County and shall be found to be in safe operatina condition. For the purpose of this section the term "Certified Mechanic" means a person certified bv the National Institute for Automotive Service Excellence. or its eauivalent. B. Everv taxicab must have proof of its annual inspection in the vehicle. Proof of the inspection shall be submitted to the City Recorder on an annual basis. c. A Taxicab company operatina taxicabs in violation of these reauirements shall be reason for revocation of the Taxicab company certificate under AMC 6.28.130. 6.28.100 Insurance and Indemnification A. No person shall operate any vehicle as a taxicab unless that vehicle is covered bv commercialliabilitv insurance providina coveraae of not less than $500.000 per occurrence in combined sinale limit for bodilv iniurv and property damaae claims. or $500.000 per occurrence for bodilv iniurv and ~1 00.000 per occurrence for property damaae. Liabilitv coveraae shall be provided on an "occurrence" not "claims" basis. A certificate of insurance coveraae. evidencina insurance coveraae in compliance with this Section. shall be filed with the City Recorder. The City of Ashland. its officers. emplovees. and aaents shall be named as additional insureds. 1) The limits of insurance coveraae reauired under this Section shall be subiect to any statutory chanaes reaardina the minimum limits of liabilitv reauired for taxicab companies. 2) Insurance policies for all vehicles operatina as taxicabs shall contain a provision that the policv will not be reduced in coveraae or canceled without 30 days prior written notice to the City Recorder. 3) Failure to maintain adeauate insurance as reauired under this Section shall be cause for immediate suspension or revocation of a Taxicab Company Certificate. B. All Taxicab companies and drivers that receive a Certificate or a permit. shall. to the extent permitted bv law. aaree to defend. indemnify and hold harmless the Citv. its officers and emplovees. from and aaainst any and all damaaes. losses and expenses. includina reasonable attornev's fees and costs of suit or defense. arisina out of. resultina from or alleaed to arise out of or result from any claims for damaaes to property. or iniurv to Page 5 of 9 persons. which may occur in connection with the operation of a taxicab company or a taxicab under the terms of the Certificate or permit. 6.28.110 Approval of Drivers It is unlawful for any person to operate a taxicab in the City of Ashland without a Taxicab Driver Permit issued by the Police Department in accordance with the terms of this chapter. A. Application for a Taxicab driver permit is to be made to the Police Chief. on a form provided by the city. accompanied by the fee established by resolution of the city council. The applicant must attach a certified COpy of the applicant's department of motor vehicle records. a COpy of the applicant's driver's license. and two passport size photos of the applicant. B. When the Police Chief receives the application he shall make such investiaation of the applicant's backaround as necessary to verify that each taxicab driver issued a permit: 1) Is 21 years of aae or more. 2) Has not have been convicted of any crimes involvina moral turpitude or dishonesty. 3) Possesses a valid Oreaon 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 anv false statements in the application. c. If the Police Chief determines that the applicant meets the reauirements of this section. the Police Chief may issue the permit. The permit expires one year from the date of issuance and may be renewed from year to year by filina a renewal application with the police department. The fee for a renewal permit shall be set by resolution of the city council. Failure to renew a license before expiration of the current taxicab driver permit shall result in late fees. D. Denial of permit. No taxicab driver's permit shall be issued or renewed to any person if the city determines. after a review of a person's traffic. criminal record. and any other information the city deems pertinent. that the public health. welfare. and safety would not be served by the issuance or renewal of a permit to that person. If the application is denied. the applicant may. within seven days of notification of the denial by the city. appeal the matter in writina to the City Recorder and proceed throuah the administrative appeals process in AMC 2.30. 6.28.120 Operatina Reaulations of Taxicab Companies and Drivers A. Taxicab Companies. A Taxicab Companv shall not: 1) Allow any taxicab to be driven that has not been inspected and properly permitted. or Page 6 of 9 2) Allow persons to operate taxicabs that do not have a valid Taxicab driver permit issued pursuant to this chapter. B. Taxicab Drivers. A taxicab driver shall not: 1) Transport a passenaer to his destination bv any other than the most direct and safe route. unless reQuested to do so bv the passenaer. 2) Fail to aive a correct receipt upon pavment of the correct fare if reQuested to do so bv the passenaer. 3) Permit additional persons to OCCUpy or ride in the taxicab without consent of the oriainal passenaer. 4) Refuse to transport to his reQuested destination any passenaer of proper demeanor who reQuests services or is assianed bv a taxicab service company when the taxicab is not alreadv in service. and who is able to demonstrate the abilitv and willinaness to pav the fare. 5) Charae a fare hiaher than the posted rates. or try to defraud a passenaer in any way bv manipulatina devices to cause a reaistration to be made of a areater distance or more time. 6.28.130 Cancellation. Suspension. Revocation. or Appeal of Certificate or Permit A. Anv certificate or permit may be suspended or revoked bv the City Recorder if the city finds after a reasonable investiaation verifvina that any one or more of the followina conditions exist: 1) The Taxicab company ceases to operate any taxicab for a period of 15 consecutive days without obtainina permission for the cessation of such operation from the city. 2) The Taxicab company and/or driver fails to operate the taxicab in accordance with the provisions of this chapter. 3) The Taxicab company and/or driver fails to pav any of the fees or payments reQuired to be paid bv the provisions of this chapter. 4) The suspension or revocation is necessary to protect the public health. safety. and welfare aenerallv. or the safety of the taxicab- ridina public in particular. 5) The revocation or suspension is otherwise authorized bv ordinances of the city. B. Anv suspension or revocation pursuant to this section shall be in writina. settina forth the reasons therefore and the riaht of appeal pursuant to AMC 2.30. c. Except as provided below. any suspension or revocation shall be effective 10 days after mailina a cOPV thereof bv first class United States mail addressed to the taxicab company and/or taxicab driver at the business or residence address shown on the permit application or renewal. D. Notwithstandina subsection eCl of this section. a suspension or revocation may be made effective immediatelv if the city finds reasonable arounds to believe that: 1) A person holdina a taxicab driver's permit is not covered bv liability insurance as reQuired bv this chapter. Page 7 of 9 2) A vehicle beina operated as a taxicab is not covered by liability insurance reauired by this chapter. or 3) Continued operation by the taxicab company or taxicab driver would cause. or is likely to cause. imminent danaer to the public health. safety. or welfare. 6.28.140 Surrender of Certificate or Permit Any certificates or permits suspended or revoked by the City shall be surrendered to the City Recorder and the operations of any taxicabs covered by such certificates shall cease. Any Taxicab company that permanently retires any taxicab from taxicab service and does not replace it within 15 davs shall immediately surrender any certificate aranted for the operation of such taxicab to the City Recorder and the Taxicab companv may not secure an additional Certificate for the operation of another taxicab without makina application therefor in the manner provided in this chapter. 6.28.150 Rates A flat fare remains constant reaardless of the distance traveled or the time involved. Except for a taxicab charaina a flat rate. the rates to be charaed to passenaers are to be based on the factors of mileaae from the point of oriain to the point of destination by the most direct route. the time involved. and the number of passenaers. No taxicab may charae any fees or rates other than those that are posted. 6.28.160 Complaints A. Every taxicab shall have posted in a prominent place within the passenaer compartment a notice entitled "Complaints" settina forth the address and telephone number of the Taxicab company to which complaints should be directed and a notice that a record of all complaints shall be open to inspection and review by the City at any time on its reauest. B. Taxicab companies shall maintain a record of all complaints received either in writina or by telephone. 6.28.170 Violation - Penalty Any Person that violates any provision of this Chapter throuah its operation of a taxicab service from points oriainatina within the City of Ashland shall be deemed auilty of a separate violation on each and every day or portion thereof durina which the violation is committed. continued or permitted. and upon conviction of any such violation. the Person shall be punished as prescribed in AMC 1.08.020. Page 8 of 9 SECTION 2. Repeal. Ashland Municipal Code Chapter 6.28 [Taxicab Certification] is hereby repealed in its entirety. Any municipal code provisions in conflict with the provisions contained herein are also hereby repealed. SECTION 3. Severability. The sections, subsections, paragraphs and clauses of this ordinance are severable. The invalidity of one section, subsection, paragraph, or clause shall not affect the validity of the remaining sections, subsections, paragraphs and clauses. SECTION 4. Savinas. Notwithstanding this amendment/repeal, the City ordinances in existence at the time any criminal or civil enforcement actions were commenced, shall remain valid and in full force and effect for purposes of all cases filed or commenced during the times said ordinance(s) or portions thereof were operative. This section simply clarifies the existing situation that nothing in this Ordinance affects the validity of prosecutions commenced and continued under the laws in effect at the time the matters were originally filed. SECTION 5. Codification. Provisions of this Ordinance shall be incorporated in the City Code and the word "ordinance" may be changed to "code", "article", "section", "chapter" or another word, and the sections of this Ordinance may be renumbered, or re-Iettered, provided however that any Whereas clauses and boilerplate provisions (i.e. Sections 2- 5) need not be codified and the City Recorder is authorized to correct any cross- references and any typographical errors. The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) of the City Charter on the 10 day of oc:/l:i1;)~ , 2008, and d PASSED and ADOPTED this 2/ day of ochbq- ,2008. Itt~ Barbara M. Christensen, City Recorder SIGNED and APPROVED this 'tZ, day of ~2008. , \...." 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