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986_00001ORDINANCENO.986 AN ORDINANCEREPEALINGCHAPTER5.40 OF THEMOSESLAKEMUNICIPALCODEENTITLED"TAXICABS"ANDESTABLISHINGA NEWCHAPTER5.40,ENTITLED"TAXICABS" THE CITY COUNCILOF THECITY OF MOSESLAKE,WASHINGTONDOORDAINAS FOLLOWS: Section 1.Specific Repeal:Chapter 5.40 of the Moses Lake Municipal Code enti-tied Taxicabs is hereby repealed in its entirety. I Section 2.New Chapter Enacted:Chapter 5.40 of the Moses Lake Municipal CodeentitledTaxicabsshallreadasfollows: 5.40.010 Preamble:The City Council of the City of Moses Lake,Washington withitsdutytosafeguardthesafet.y of the citizens of the City of MosesLake,finds and declares that it is in the best interest of the citizensoftheCityofMosesLakethatthefollowingordinancerequiringthelicensingandregulationoftaxicabsandtaxicabdriversbeenacted. 5.40.020 Definitions: A.Taxicab Company is a companythat has taxicabs for hire. B.Taxicab means a vehicle for hire but not a bus. C.Taxicab Driver means a person for hire that drives a taxicab. D.Taxicab Drivers License means a license issued by the City of MosesLake,Washington to drive a taxicab. 5.40.030 License Required:It is unlawful for any person,firm,or corporationtooperateataxicabuponthestreetsoftheCityofMosesLakewithoutbeingtheholderofavalidexistinglicenseissuedundertheprovisionsofthischapter;provided,however,that a taxicab companymay employ aitaxicabdriverforagraceperiodofuptothreeweekspendingtheissuanceordenialofhislicenseandidentificationcardonthefollow-ing conditions: A.That the proper application for an identification card has been madetothePoliceChief. B.That the applicant has paid the required fee for a record check. C.That a records check performed at the time of application,indicatedthattherewasnothingonfilewithrecordssourcesthatwoulddisqualif.y the applicant. 5.40.040 License -Application -Generally:Application for any license oridentificationcardrequiredbythischaptershallbemadetothe CityClerkuponsuchformastheCityClerkshallrequire.Such applicationshallshowthereontheapplicant's name,age,date of birth,and previ-ous residence and occupation for a period of not less than five yearsimmediatelypriortosuchapplication,the address of his place ofbusiness,and the name of his employer,if any;and shall state whetherornottheapplicanthaseverbeenconvictedofafelonyorforfeitedbond.The application shall be signed and verified by the applicant.If the applicant is a firm or corporation,the application shall besignedbyadulyauthorizedofficerofthefirmorcorporationandshallgivethelocaladdressandplaceofbusinessofsuchfirmorcorporation.I All applications for licenses shall be forwarded to the Police Chief forinvestigationandreport.The Police chief shall require that eachapplicantbefingerprintedandhisphotographtaken;and an investiga-tion shall be made into the background of the applicant. Ord.986:Pg.2 5.40.050 Licensing -Limitation on Number of Licenses: A.The licensing of taxicabs,the examining of the qualifications ofapplicantsforlicensestodrivetaxicabsandthelicensingofdriversasprovidedinthischaptershallbeunderthesupervision and control of the City Clerk. B.The number of taxicab licenses which may be issued and outstanding at any one time may be limited to such number as the City Council may,by resolution,find and determine that public convenience and necessity require.The City Council may,by resolution,increase the number at such time or times as it shall find and determine thatpublicconvenienceandnecessityrequiretheoperationofagreater number of taxicabs.Applications for renewal of licenses shall be given preference over applications for licenses by persons notalreadyholdinglicenses;provided,that if the holder of a license fails to make application for renewal thereof,prior to the expira-tion date thereof,such preference shall thereby be forfeited. 5.40.060 Compliance with State Law:No taxicab shall be licensed unless the sameisinasafeconditionforuseassuch,nor until satisfactory evidence is furnished that RCW46.72.020 and 46.72.040 or 46.72.050 as now orhereafteramendedhavebeencompliedwith.Failure to comply with theRCWsectionslistedinthissectionshallbegroundsforcancellation ofthelicense. 5.40.070 License Application Qualification -Taxi Driver's License:No identifi- cation card or taxi driver's license shall be issued to any personunlessthePoliceChiefshallhavedeterminedthattheapplicanthas notbeenconvictedoforforfeitedbailfor,any felony or any other crimeinvolvingmoralturpitudethatdirectlyrelatestotheoccupationofbeingataxicabdriver.In addition,the applicant must: A.Be at least 18 years of age. B.Be of sound physique with good eyesight and not subject to epilepsy, vertigo,heart trouble,or any other infirmity of body or mind which might render him unfit for the safe operation of a taxicab. C.Be able to speak,read,and write the English language. D.Not be addicted to the use of intoxicating liquors or drugs. E.Have a current Washington driver's license. If the issuance of any license hereunder is denied,the applicant shallhavetherightofahearingbeforetheCityCouncil,by filing an appeal within 10 days with the City Attorney,after the permit is denied.The findings of the City Council on such an appeal shall be final and conclusive. 5.24.080 Issuance of Taxi Driver's License:Upon satisfactory fulfillment of the requirements of Sections 5.40.030 through 5.40.070 there shall be issued to the applicant a lisense which shall be in such form as to contain the photograph and signature of the licensee.Taxi drivers'licenses shall be issued for the calendar year. 5.40.090 Renewal of Taxi Driver's License:A taxi driver's license may be renewed from year to year by appropriate endorsement thereon by direction of the City Clerk.A driver,in applying for a renewal of his license,shall make such application upon a form to be furnished by the City Clerk. 5.40.100 Carrying License When Operatinq Taxicab:The taxi driver's license issued by the City of Moses Lake must be carried on the driver's person while operating a taxicab and must be produced on demand by any police officer or passenger. Ord.986:Pg.3 5.40.110 License Fees:The license fees for taxicabs and taxicab drivers shallbeandarefixedintheamountshowninthefollowingscheduleandshallbepaidannuallyinadvance: Taxicab $20.00TaxicabsAdditional10.00TaxicabDriver's License 5.00 All licenses shall expire on the 31st day of December of each year andnoreductioninthefeeforsuchlicensesshallbemadeforanypartial i year.No license shall be transferable.All licenses will be renewedthroughtheCityClerkwiththepaymentoftheyearlyfees. 5.40.120 Identification Costs of Screening:Every taxicab driver shall,at alltimes,have in his possession an identification card in a form approvedbythePoliceChief.Such card shall have thereon,'in addition to suchotherinformationasmayberequiredbythePoliceChief,the photo-graph,right index print,name of employer,and signature of the personbeingidentifiedanddateofexpirationofthecard. The Police Chief shall charge a one time fee of $15to help defray thecostsofscreeninganyapplicantforanidentificationcardandlicenseandhemay,in addition to any other fees,charge the applicant theactualcostofthecard.All identification cards shall expire on the31stdayofDecemberofeachyear. All identification cards shall remain the property of the City of MosesLake.When a holder of an identification card shall leave the employ-ment of a taxicab company,said holder shall immediately surrender hisidentificationcardandforwarditimmediatelytothePoliceChief.Theformeremployeemaythenreapplyforanidentíficationcarduponemploy-ment with another taxicab companylicensed by the City of Moses Lake. 5.40.140 Fee Schedule:The fee schedule shall be posted in each cab in generalviewofthepublic.I 5.40.150 Payment of Fare in Advance:Every driver of a taxicab shall have therighttodemandpaymentofthelegalfareinadvanceandmayrefuseemploymentunlessitisproffered,but no driver of a taxicab shallotherwiserefuseorneglecttoconveyanyorderlypersonorpersons uponrequestanywhereinthecityunlesspreviouslyengagedorunabletodoso.No driver of a taxicab shall carry any other person than the pas-senger first employing the taxicab without first consent of such pas-senger. 5.40.160 Name Printed on Cab:Every taxicab licensed under the provisions ofthischaptershallhavethenameofthecabcompanyandtelephonenumberplainlyexhibitedinlettersatleasttwoinchesinheightonbothsidesofthevehicle. 5.40.170 Twenty-Four Hour Service:Any license issued under the provisions ofthischaptershallprovidethatcabservicesshallbeavailabletothegeneralpublicwithinthecityforaperiodoftwenty-four hours a dayforeachandeverydaythroughouttheyear;provided,however,the CityCouncilmay,by resolution,shorten the number of hours and the numberofdaysthatcabservicemustbeprovidedb.y the licensee. 5.40.180 License Revocation or Suspension:A taxicab company or taxicab driver'slicenseissuedbytheCityofMosesLakemayberevokedbyresolution oftheCityCounclatanytimeforcausedeemedtobesufficient;providedIthatbeforeanyrevocationiseffective,a public hearing shall be heldbeforetheCityCouncilofwhichhearingthelicenseeshallbegivennotice,and at which he shall be entitled to be heard,provided that thePoliceChiefmaysuspendthelicenseofanyholder,thereof who isarrestedfororconvictedofviolatinganycityorcountyordinance orstateorfederallaw,except minor traffic laws,pending a hearing on Ord.986:Pg.4 the revocation of the license before the Moses Lake City Council.The Police Chief shall provide,within three days,notice to the licensee specifying the violation he committed to have his license suspended orrevoked.The licensee shall have the right to appeal the suspension orrevocationtotheCityCouncilwithintendaysofnoticetothelicensee. Notice of appeals are to be filed with the City Attorney within thespecifiedperiod. 5.40.190 Penalty:Failure to comply with any provisions of this chapter is amisdemeanorandpunishableb.y a $500fine or 90 days in jail,or both. 5.40.200 Existing Licenses:It is provided that any person holding a license for the operation of a taxicab at the time of the passage of the ordinancecodifiedinthischaptershallhavetheprivilegeofsecuringataxicab license as provided in this chapter;provided,he complies with theregulationsofthischapter. 5.40.210 Validity:A determination that any portion of this ordinance is invalid shall not impair the validity of the remaining portions. Section 3.This ordinance shall take effect and be in force five (5)days afteritspassageandpublicationasprovidedbylaw. PASSEDby the City Council of the City of Moses Lake,Washington,and APPROVEDby its Mayor this 10th day of November,1980. ATTEST: ity Clerk (Acting) APP ED S TO FORM ty ttorney i