993_00001ORDINANCENO.993
ANORDINANCEAMENDINGCHAPTER5.40 DF THEMOSESLAKEMUNÍCIPALCODEENTITLED"TAXICABS"
THECITY COUNCILOF THECITY OF MOSESLAKE,WASHINGTON00ORDAINAS E0LLOWS:
Section 1.Specific Repeal:Chapter 5.40 of the Moses Lake Municipal Code enti-t1ed Taxicabs is hereby repealed in its entirety.
Section 2.New Chapter Enacted:Chapter 5.40 of the Moses Lake Municipal CodeentitledTaxicabsshallreadasfollows:
5.40.010 Preamble:The City Counci3 of the City of Moses Lake,Washington withitsdutytosafeguardthesafetyofthecitizensoftheCityofMosesLake,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 company may employ ataxicabdriverforagraceperiodofuptothreeweekspendingtheissuanceordenialofhislicenseandidentificationcardonthefollow-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,indicatedthattherewasnothingonfilewithrecordssourcesthatwoulddisqualifytheapplicant.
5.40.040 License -Application -Generally:Application for any license oridentificationcardrequiredbythischaptershallbemadetotheCityClerkuponsuchformastheCityClerkshallrequire.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 shaT1 state whetherornottheapplicanthaseverbeenconvictedofafelonyorforfeitedbond.The application shall be signed and verified by the applicant.If the applicant is a firm or corporation,the application shall besignedbyadulyauthorizedofficerofthefirmorcorporationandshallgivethelocaladdressandplaceofbusinessofsuchfirmorcorporation.
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.#993,Page 2
5.40.050 Licensing -Limitation on Number of Licenses:
A.The licensing of taxicabs,the examiningof the qualifications of
applicants for licenses to drive taxicabs and the licensing of
drivers as provided in this chapter shall be under the supervision
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 enddetermine that
public convenience and necessity require the operation of a greater
number of taxicabs.Applications for renewal of licenses shall be
given preference over applications for licenses by persons not
already holding licenses;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 the
RCWsections listed in this section shall be grounds for cancellation of
the license.
5.40.070 License Application Qualification -Taxi Driver's License:No identifi-
cation card or taxi driver's license shall be issued to any person
unless the Police Chief shall have determined that the applicant has not
been convicted of or forfeited bail for,any felony or any other crime
involving moral turpitude that directly relates to the occupation of
being a taxicab driver.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 infinnity 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 shall
have the right of a hearing before the City Council,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 Operating 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.#993,Page 3
5.40.110 License Fees:The license fees for a taxicab company and taxicab driversshallbeandarefixedintheamountshowninthefollowingscheduleandshallbepaidannuallyinadvance:
Taxicab Company 35.00TaxicabOriver's License 5.00
The license fee for a taxicab shall be the same as the business licensefeechargedotherbusinessesintheCityofMosesLake.
I All Ticenses shall expire on the 31st day of December of each year andnoreductioninthefeeforsuchlicensesshallbemadeforanypartial-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 approvedaythePoliceChief.Such card shall have thereon,in addition to suchotherinformationasmayberequiredb.y the Police Chief,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.Theformeremployeemaythenreapplyforanidentificationcarduponemploy-ment with another taxicab companylicensed by the City of Moses Lake.I 5.40.140 Fee Schedule:The fee schedule shall be posted in each cab in generalviewofthepublic.
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 suploying 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 numberofdaysthatcabservicemustbeprovidedbythelicensee.
I 5.40.180 License Revocation or Suspension:A taxicab companyor taxicab driver'slicenseissuedbytheCityofMosesLakemayberevokedbyresolutionoftheCityCounc1atanytimeforcausedeemedtobesufficient;providedthatbeforeanyrevocationiseffective,a public hearing shall be heldbeforetheCityCouncilofwhichhearingthelicenseeshallbegivennotice,and at which he shall be entitled to be heard,provided that the
Ord.#993,Page 4
Police Chief may suspend the license of any holder,thereof who is
arrested for or convicted of violating any city or county ordinance orstateorfederallaw,except minor traffic laws,pending a hearing ontherevocationofthelicensebeforetheMosesLakeCityCouncil.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 after
its passage and publication as provided by law.
PASSEDby the City Council of the City of Moses Lake,Washington,and APPROVEDby
its Mayor thiS 23rd-day of December --,198Û.
Mayor
ATTEST:
Publish:12/31/80
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