Chapter 4.60
TAXICABS
Sections:
4.60.010 Definitions.
4.60.020 Operator's license – Required.
4.60.030 Operator's license – Application.
4.60.040 Operator's license – Information required.
4.60.050 Operator's license – Investigation.
4.60.060 Operator's license – Council approval.
4.60.070 Operator's license – Issuance.
4.60.080 License – Current list of other drivers required.
4.60.090 Fees – Waiver – Expiration date.
4.60.100 Operator's license – Insurance requirements.
4.60.110 Prohibited activities.
4.60.120 Operator's license – Revocation, suspension or denial.
4.60.130 Council decisions – Appeal.
4.60.140 Violation – Penalty.
4.60.300 Severability.
4.60.010 Definitions.
A. “Charter party carrier of passengers” means every person engaged in the transportation of a group of persons, who, pursuant to a common purpose and under a single contract, have acquired the use of a motor bus to travel together as a group to a specified destination or for a particular itinerary, either agreed upon in advance or modified by the chartered group after having left the place of origin. This definition does not include motor vehicles operated wholly within the limits of incorporated cities, taxicabs, hotel buses or school buses when operated as such, passenger vehicles carrying passengers on a noncommercial enterprise basis, charter boats operated on waters within or bordering this state, or limousine charter party carriers of passengers as defined in this chapter.
B. “Chauffeur” means any person with a valid Washington state driver's license authorized by the Washington Utilities and Transportation Commission to drive a limousine.
C. “Driver” means a person actually engaged in driving a taxicab within the city of Edmonds.
D. “Limousine charter party carrier of passengers” means every person engaged in the transportation of a person or group of persons, who, under a single contract, acquires the use of a limousine to travel to a specified destination or for a particular itinerary, either agreed upon in advance or modified by the person or group of persons after having left the place of origin. This definition does not include taxicabs when operated as such, private passenger vehicles carrying passengers on a noncommercial enterprise basis or charter party carriers of passengers as regulated under Chapter 81.70 RCW.
E. “Operate as a taxicab” means to conduct the operations of any taxicab from any taxi stand or any telephone within the city of Edmonds, or the solicitation of fares within the city of Edmonds.
F. “Person” means any individual, corporation, association or any other legal entity.
G. “Taxicab” means a motor vehicle engaged in the business of carrying passengers for hire within the city of Edmonds including, but not limited to cabulances, sight-seeing cars and wheelchair taxies. As used in this chapter, taxicabs shall not be construed to include ambulances as that term is defined in Chapter 4.08 ECC, limousine charter party carrier of passengers or charter party carrier of passengers as those terms are defined in this chapter. [Ord. 2757 § 1, 1990; Ord. 1955 § 1, 1977; Ord. 1622 § 1, 1972; Ord. 657 § 1, 1954].
4.60.020 Operator's license – Required.
No person shall operate or permit a motor vehicle owned or controlled by him to be operated as a taxicab unless he has first obtained an operator's license. [Ord. 1955 § 2, 1977; Ord. 657 § 2, 1954].
4.60.030 Operator's license – Application.
The application for an operator's license shall be made on forms furnished by the city clerk. The completed application shall be signed and sworn to by the applicant before a notary public or some other officer duly authorized to administer oaths. At the time of making application for an operator's license, the applicant shall pay the fee as set forth in ECC 4.60.090. [Ord. 1955 § 3, 1977; Ord. 657 § 3, 1954].
4.60.040 Operator's license – Information required.
A. The applicant's name, driver's license number, date of birth and place of birth;
B. The applicant's place of residence and the length of time he has resided in the city, if applicable;
C. The applicant's last place of employment with the name and address and telephone number of the employer;
D. Whether the applicant or any of his employees are presently or have been previously licensed, or have previously applied for a license, as a taxicab driver or operator; and, if so, where, when and whether or not a license has ever been suspended, revoked or denied and by what jurisdiction and for what cause;
E. Whether or not the applicant or any of his employees have ever been convicted of or forfeited bail for a crime, including all traffic offenses for the preceding five years, and, if so, the number of such convictions, approximate dates thereof, and the name of the courts, the crime of which charged, and the final disposition of the case or cases;
F. The number of vehicles to be operated or controlled by the applicant and the name, model, year, vehicle identification number, and vehicle license number of each vehicle;
G. A list of the names, driver's license numbers, date of birth and addresses of all employees;
H. The applicant's financial status including any and all unpaid judgments and the nature of the transaction or acts giving rise to said judgments;
I. The name under which the applicant intends to operate;
J. Proof of insurance as required by ECC 4.60.100;
K. Such other and further information as may be required by the police department. [Ord. 1955 § 4, 1977; Ord. 657 § 4, 1954].
4.60.050 Operator's license – Investigation.
Upon completion of the application and payment of the fee, the city clerk shall forward copies of the application to the police department. The police department shall investigate to see whether all information contained in the application is true and correct and shall verify that all vehicles to be operated as taxicabs are properly licensed. The police department shall forward its report and recommendations to the city council after its investigation is completed. [Ord. 1955 § 5, 1977; Ord. 657 § 5, 1954].
4.60.060 Operator's license – Council approval.
A. The city council shall approve or disapprove all applications for operator's licenses.
B. Before approving an operator's license, the city council shall determine the following:
1. That the applicant is financially sound and has fulfilled the insurance requirements of ECC 4.60.100;
2. That all the requirements of this chapter have been met;
3. That the needs of the public would be served by granting the applicant the operator's license;
4. The number of motor vehicles authorized to be used as taxicabs;
5. Whether any restrictions should be placed on the license, including restrictions on hours of operation. [Ord. 1955 § 6, 1977; Ord. 1622 § 2, 1972; Ord. 802, 1960; Ord. 657 § 6, 1954].
4.60.070 Operator's license – Issuance.
A city clerk shall issue an operator's license for each motor vehicle authorized by the council to be operated as a taxicab. Each such license shall contain the description of the taxicab, its motor vehicle license number, its vehicle identification number and any restrictions imposed by the council. The licenses are restricted to the taxicab described thereon and are not transferable to any other motor vehicle. The license shall state that it is to be displayed at all times in the taxicab and presented upon request to a police officer. The city clerk shall keep on file a copy of all licenses currently issued. [Ord. 1955 § 7, 1977; Ord. 657 § 7, 1954].
4.60.080 License – Current list of other drivers required.
Every person holding an operator's license issued under authority of this chapter shall maintain on file at the Edmonds police department a current list of the names, addresses, dates of birth, and driver's license numbers of all persons authorized to act as drivers. [Ord. 1955 § 8, 1977; Ord. 657 § 8, 1954].
4.60.090 Fees – Waiver – Expiration date.
A. Applicants shall pay an initial investigation fee of $100.00 plus an operator's license fee of $30.00 per year for each taxicab to be operated in the city of Edmonds; provided, however, the fee for an operator's license applied for after June 30th of any year shall be $15.00 for each taxicab. Applicants shall also pay an initial investigation fee of $20.00 per driver and an annual license fee of $5.00 per driver.
B. 1. The city council may waive the $100.00 initial investigation fee if the applicant possesses a current Edmonds business license and has in the past performed satisfactory taxicab services in the city.
2. The city council may waive all fees set forth in this section if the applicant has a current, valid taxicab license issued by the city of Lynnwood.
3. Waiver of the fees under the provisions of this section shall not affect the requirement to comply with all other provisions of this chapter.
C. The license shall expire on December 31st of the year in which it is issued. [Ord. 2069 § 1, 1979; Ord. 1961, 1977; Ord. 1955 § 9, 1977; Ord. 657 § 9, 1954].
4.60.100 Operator's license – Insurance requirements.
No license shall be issued under this chapter nor shall any motor vehicle regulated by this chapter be operated in the city unless there is at all times in full force and effect insurance coverage, issued by an insurance company licensed to do business in the state of Washington for each and every vehicle to be operated under the license, which provides for public liability insurance in the amounts of $100,000 for personal injuries to one person, or $300,000 for more than one person, arising out of each accident or occurrence, and property damage insurance in the amount of $25,000 for each accident or occurrence. Evidence of insurance policies for the full term of the license shall be submitted to the city clerk at the time of application for an operator's license. Such evidence shall be a certificate from the licensee's insurance company that the insurance exists and that it will not be cancelled without 30 days' written notice of cancellation previously given to the city clerk. [Ord. 1955 § 10, 1977].
4.60.110 Prohibited activities.
A. No person shall knowingly employ any driver who has been convicted of a felony if the felony directly relates to the position of a taxicab driver and the time elapsed since the conviction is less than 10 years.
B. No driver shall leave his taxicab unattended or make repairs or wash his taxicab while in a taxicab stand.
C. No person shall operate a motor vehicle as a taxicab unless he is authorized to do so by the holder of an operator's license issued pursuant to this chapter.
D. No holder of an operator's license issued pursuant to this chapter shall knowingly permit any person to act as a driver unless such person appears on the list required by ECC 4.60.080.
E. No holder of any operator's license issued pursuant to this chapter shall operate his taxicab business in violation of any restrictions on his license set by the city council.
F. No driver shall fail to have the operator's license displayed at all times in the taxicab. The driver shall present the license to a police officer upon request. [Ord. 1955 § 11, 1977].
4.60.120 Operator's license – Revocation, suspension or denial.
The city council may suspend, revoke or deny any operator's license issued under this chapter for the licensee's failure or refusal to comply with any of the provisions of this chapter, or for knowingly making any false statement, misrepresentation or material omission from the license application. Before suspending, revoking or denying any such license, the city council shall set a date for hearing upon the matter, shall notify the licensee, in writing, of such date of the hearing, and shall provide the licensee a summary of the reasons why the license may be suspended, revoked or denied. Such notice shall be sent to the licensee at the address last appearing on his application and shall be mailed at least 10 days in advance of the hearing. At the conclusion of the hearing, the license may be suspended, revoked or denied for such time and on such terms as shall be imposed by a majority of the members of the city council present and voting at such hearing. [Ord. 1955 § 12, 1977].
4.60.130 Council decisions – Appeal.
Appeal from any decision of the city council shall be made within 10 days of the council's decision by application to the Snohomish County Superior Court for a writ of review or certiorari. The official minutes as transcribed by the city clerk and approved by the city council shall be deemed the official transcript and record of said meeting for all purposes on appeal. The costs of transcription of all records ordered certified by the court for review shall be borne by the appellant. [Ord. 1955 § 13, 1977].
4.60.140 Violation – Penalty.
Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punished in the manner set forth in ECC 5.50.020. [Ord. 1955 § 14, 1977].
4.60.300 Severability.
If any section, subsection, clause, phrase or work of this chapter, or any provision adopted by reference herein, is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter. [Ord. 1955 § 15, 1977].