Chapter 5.80
TAXICABS – FOR HIRE VEHICLES*

Sections:

I. General Provisions

5.80.010 Supervisory authority.

II. Business License

5.80.020 Required – Issuance – Application.

5.80.030 Prerequisites.

5.80.040 Issuance – Form.

5.80.050 Vehicle markings.

5.80.060 Master license – Fees – Nontransferable.

5.80.070 Inspection – Investigation of complaints.

III. Taxicab Driver’s License

5.80.080 Qualifications of applicant.

5.80.090 Application.

5.80.100 Fingerprinting – Photographs.

5.80.110 Issuance.

5.80.130 Renewal.

5.80.140 Fee – Certificate.

5.80.150 Records to be kept by city clerk.

IV. Rates

5.80.160 Taximeter – Required – Use requirements.

5.80.170 Compliance with chapter prerequisite to operation of taxicab business.

5.80.180 Taximeter – Required to be used.

5.80.190 Rate schedule.

5.80.200 Display of rates required.

5.80.210 Payment in advance – Refusal to carry orderly passenger prohibited – Additional passengers.

5.80.220 Settlement of disputes.

5.80.230 Excessive fares prohibited.

5.80.240 Unlawful to refuse payment.

V. Operation Requirements

5.80.250 Use of direct route required.

5.80.260 Records required – Inspection by state.

5.80.270 Conveyance of baggage – Cancellation of calls.

5.80.280 Cruising unlawful.

5.80.290 Operation while under influence of intoxicating liquor or narcotics unlawful.

VI. Revocation of Licenses

5.80.300 Charges filed – Hearing date set – Notice.

5.80.310 Notice service – Hearing – Right to be heard.

5.80.320 Licenses subject to revocation – Refunds.

*For the statutory requirement of a license to carry passengers, see RCW 46.16.180; for the general provisions regarding the licensing of for-hire vehicles, see Chapter 46.72 RCW. These provisions are exempted from the operation of the business and occupation tax, Chapter 5.04 LMC.

I. General Provisions

5.80.010 Supervisory authority.

The licensing of taxicabs, the examining of the qualifications of applicants to drive taxicabs, and the licensing of drivers as hereinafter provided shall be under the supervision of the city clerk, and the inspection of taxicabs, inspection and sealing of taxicab meters and the enforcing of the provisions of this chapter shall be under the supervision of the chief of police. (Ord. 462 § 1, 1944).

II. Business License

5.80.020 Required – Issuance – Application.

(1) No taxicab shall ply or be operated upon the streets of the city without first obtaining a license so to do.

(2) Repealed by Ord. 2705.

(3) Applications for license for taxicabs shall be made by the owner thereof upon blank forms to be furnished by the city clerk. Such applications shall contain the full name and address of the owner, the type of the vehicle and its passenger carrying capacity. (Ord. 2705 § 1, 1998; Ord. 462 § 2, 1944).

5.80.030 Prerequisites.

No taxicabs shall be licensed unless the same is in a safe condition for use as such, nor unless there is installed therein a taximeter capable of mechanically calculating the rates for hire hereinafter set forth, nor until satisfactory evidence has been furnished that RCW 46.72.040 and 46.72.050 have been complied with; provided, that the city council may for good cause shown waive the requirement for installation of the taximeters prescribed in LMC 5.80.160. (Ord. 1200 § 1, 1964; Ord. 462 § 3, 1944).

5.80.040 Issuance – Form.

If, upon inspection, a taxicab is found to be of lawful construction and in proper condition in accordance with the provisions of this chapter, and upon payment of the license fee hereinafter set forth, the same shall be licensed by delivering to the owner, a card of such size and form as may be prescribed by the city clerk. (Ord. 1200 § 2, 1964; Ord. 462 § 4, 1944).

5.80.050 Vehicle markings.

Every taxicab licensed under the provisions of this chapter shall have the name of its owner or firm name plainly painted in letters at least two inches in height in a conspicuous place on each side of said vehicle and shall have a number at least six inches in height plainly painted on the rear of each such vehicle. (Ord. 462 § 5, 1944).

5.80.060 Master license – Fees – Nontransferable.

(1) A master license shall be procured by any firm, corporation, partnership, association or individual managing the operation of any taxicab or taxicabs in the city.

(2) The license fee for each such master license shall be $100.00 for the calendar year or remaining portion thereof in which the same is taken and, in addition thereto, the license fee shall be $20.00 for said period of time for each taxicab licensed except that in case of licenses issued on or after July 1st of each year only one-half of the above mentioned fees shall be paid.

(3) Such licenses shall not be transferable. (Ord. 524 § 1, 1947; Ord. 462 § 6, 1944).

5.80.070 Inspection – Investigation of complaints.

The chief of police and police department shall maintain constant vigilance over all taxicabs to see that they are kept in a condition of continued fitness for public use, and to this end he and his officers shall inspect all taxicabs on the complaint of any citizen, or from time to time as they may deem necessary or convenient. (Ord. 462 § 7, 1944).

III. Taxicab Driver’s License

5.80.080 Qualifications of applicant.

Every person driving a taxicab must be licensed as such. Each applicant for a driver’s license shall:

(1) Be and remain of good moral character;

(2) Be of the age of 21 years or over;

(3) 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 operations of a taxicab;

(4) Be able to speak, read and write the English language;

(5) Be clean of dress and person and not addicted to the use of intoxicating liquors or narcotics;

(6) Fill out upon a blank form to be provided by the city clerk a statement giving his full name, residence, age, color, height, color of eyes and hair, place of birth, length of time he has resided in the city, whether a citizen of the United States, whether he has been convicted of a felony or a misdemeanor, whether he has been previously licensed as a driver or chauffeur, and if so, when and where, whether his license has ever been revoked and for what cause, which statement shall be signed and sworn to by the applicant and filed with the city clerk as a permanent record. (Ord. 507 § 1, 1946; Ord. 462 § 8, 1944).

5.80.090 Application.

Every applicant for a driver’s license under the provisions of this chapter shall present to the city clerk satisfactory evidence of his fitness to operate a taxicab before a license shall be issued to him, and if in the opinion of the city clerk he fails to do so his application shall be referred to the city council for final determination and action. The applicant shall be entitled to be heard before the city council in person and/or by representative. If the council determines that the license shall be issued, the city clerk shall issue the same, otherwise, not. The action of the city council thereon shall be made a matter of record. (Ord. 507 § 2, 1946; Ord. 462 § 9, 1944).

5.80.100 Fingerprinting – Photographs.

Every applicant for a driver’s license must submit to fingerprinting by the police department and must file with his application two recent photographs of himself of a size designated by the city clerk and which may be easily attached to his license, one of which shall be so attached when issued, the other shall be filed with the application. The photograph shall be so attached to the license that it cannot be removed and another photograph substituted without probability of detection. Each licensed driver shall upon demand of the license inspector, policeman or a passenger, exhibit his license and photograph for inspection. (Ord. 462 § 10, 1944).

5.80.110 Issuance.

Upon satisfactory fulfillment of the requirements in LMC 5.80.080 through 5.80.100, there shall be issued to the applicant a license which shall be in such form as to contain the photograph and signature of the licensee. Drivers’ licenses shall be issued for the calendar year. (Ord. 462 § 11, 1944).

5.80.130 Renewal.

A driver’s license may be renewed from year to year by appropriate endorsement thereon by 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. (Ord. 462 § 13, 1944).

5.80.140 Fee – Certificate.

The license fee for a driver’s license shall be $3.00 per year which shall be paid to the city clerk. Upon receipt of such fee the clerk shall issue to the applicant a license certificate. Such certificate shall not be transferable. (Ord. 1567 § 1, 1972; Ord. 550 § 1, 1948; Ord. 462 § 14, 1944).

5.80.150 Records to be kept by city clerk.

There shall be kept by the city clerk a complete record of each license issued to a driver, and, of all renewals, suspensions and revocations thereof, which record shall be kept on file with the original application for a license. (Ord. 462 § 15, 1944).

IV. Rates

5.80.160 Taximeter – Required – Use requirements.

(1) Every taxicab shall have affixed thereto a taximeter of a size and design approved by the chief of police.

(2) No person shall use or permit to be used upon any taxicab a taximeter which shall be in such a condition as to be over five percent incorrect to the prejudice of any passenger.

(3) No license shall be issued for a taxicab until the taximeter attached thereto shall have been inspected and found to be accurate unless the installation of a taximeter thereto shall have been duly waived for cause as above provided.

(4) After sundown the face of every taximeter shall be illuminated by a suitable light so arranged as to throw a continuous steady light thereon and be readily discernible by passengers.

(5) No persons shall use or permit to be used or drive for a taxicab equipped with a taximeter the case of which is unsealed and not having its cover and gear intact.

(6) No driver of a taxicab, while carrying passengers or under employment, shall display the signal affixed to the taximeter in such a position as to denote such vehicle is not employed, or in such position as to denote that it is employed at a rate of fare different from that to which the driver is entitled under the provisions of this chapter. It shall be the duty of the driver to call the attention of the passengers to the amount registered and the taximeter shall not be changed until after the fare is paid.

(7) Provided that, if the installation of a taximeter shall have been duly waived as above provided, each passenger shall be given a ticket by the driver at the end of the trip showing the mileage of the trip on one-thirds of a mile, the total fare charged, the date of the trip, the cab license and driver’s name and number in lieu of the above requirements with respect to taximeters. (Ord. 462 § 16, 1944).

5.80.170 Compliance with chapter prerequisite to operation of taxicab business.

It is unlawful for any person owning, operating or driving a taxicab for hire to operate or drive the same on a distance tariff or to use or advertise in connection therewith the words “Taxi,” “taxicab” or “cab” or in soliciting trade from the public or hawk such vehicle as a taxicab, taxi or cab unless all of the foregoing provisions of this chapter shall have been complied with, titled under the provisions of this chapter. (Ord. 462 § 17, 1944).

5.80.180 Taximeter – Required to be used.

It is unlawful for any person owning, operating or driving a taxicab to operate or drive such taxicab unless a taximeter as required in LMC 5.80.160 is used in determining the fare to be charged and no other or different fare shall be charged to the passenger than is recorded on the reading face of such taximeter for the trip, except that the hourly rate prescribed may be used at the option of the passenger after the taximeter has registered the amount equal to that of the first hour conforming to rates as provided in LMC 5.80.190; provided, that the foregoing provisions of this section shall not apply as to the installation of a taximeter in the taxicabs shall have been duly waived as above provided. No other rates for the distance travelled or the time charged shall be allowed except as herein provided. (Ord. 462 § 18, 1944).

5.80.190 Rate schedule.

No person owning, operating or controlling any taxicab within the limits of the city shall charge rates in excess of those fixed by resolution of the city council. (Ord. 1567 § 2, 1972; Ord. 1417 § 1, 1969; Ord. 1163 § 1, 1963; Ord. 880 § 1, 1956; Ord. 627 § 1, 1951; Ord. 462 § 19, 1944).

5.80.200 Display of rates required.

All vehicles operating under authority of this chapter shall have the rates for the hire of the same conspicuously displayed within the passenger’s compartment readily discernible by the passenger, and the rates shall be made clear to the passenger at the time of hiring. The card herein provided for shall be of a form, size and arrangement approved by the chief of police. (Ord. 462 § 20, 1944).

5.80.210 Payment in advance – Refusal to carry orderly passenger prohibited – Additional passengers.

(1) Every driver of a taxicab shall have the right to demand payment of the legal fare in advance and may refuse employment unless it is prepaid, but no driver of a taxicab shall otherwise refuse or neglect to convey any orderly person or persons upon request anywhere in the city unless previously engaged or unable to do so.

(2) No driver of a taxicab shall carry any other person than the passenger first employing the taxicab without the consent of such passenger. (Ord. 462 § 21, 1944).

5.80.220 Settlement of disputes.

All disputes as to fares shall be determined by the officer in charge of the central police station and both passenger and driver shall comply with such determination. (Ord. 462 § 22, 1944).

5.80.230 Excessive fares prohibited.

No person owning, operating or controlling a taxicab shall charge or attempt to charge any passenger a greater rate of fare than that to which entitled under the provisions of this chapter. (Ord. 462 § 23, 1944).

5.80.240 Unlawful to refuse payment.

It is unlawful for any person to refuse to pay the regular fare for a taxicab after having hired the same. (Ord. 462 § 27, 1944).

V. Operation Requirements

5.80.250 Use of direct route required.

Any driver of a taxicab or for hire car employed to carry passengers to a definite point shall take the most direct route possible that will carry the passenger safely and expeditiously to his destination. (Ord. 462 § 25, 1944).

5.80.260 Records required – Inspection by state.

Every person owning or engaged in the business of operating any taxicab shall keep a record of all trips made, together with the information required upon the passenger’s receipt provided for in this chapter, which record shall be open for inspection at all reasonable times by the Department of Licenses of the state showing such vehicles to be properly bonded or insured for the protection of the public, and also the licenses and permits issued pursuant to city ordinances. (Ord. 462 § 24, 1944).

5.80.270 Conveyance of baggage – Cancellation of calls.

Every person being served with a taxicab as herein provided shall be entitled to have conveyed without charge such valises or other small personal baggage as can be conveniently carried within the vehicle. Each driver shall load and unload such baggage without charge. Any person cancelling a call for a taxicab after it has been dispatched in answer thereto may be charged prevailing rates for such taxicab. (Ord. 462 § 29, 1944).

5.80.280 Cruising unlawful.

It is unlawful for any person to cruise, drive or operate an unhired taxicab repeatedly or persistently to and fro upon any public street. (Ord. 462 § 28, 1944).

5.80.290 Operation while under influence of intoxicating liquor or narcotics unlawful.

It is unlawful for any person to drive or operate a taxicab while under the influence of intoxicating liquor or narcotics. (Ord. 462 § 26, 1944).

VI. Revocation of Licenses

5.80.300 Charges filed – Hearing date set – Notice.

(1) Licenses issued pursuant to the provisions of this chapter may be revoked or suspended by resolution of the city council for good cause shown or whenever it finds that the licensee or the owner of any taxicab has willfully violated any of the provisions of this chapter or permitted the same to be violated; provided, however, no such license shall be revoked or suspended unless charges in writing shall first be filed with the city clerk setting forth with reasonable certainty the nature of such charges against said licensee or taxicab owner.

(2) Upon the filing of charges as aforesaid the council shall fix a time and place for the hearing of said charges, and a copy of the charges as filed, together with the notice of time and place of hearing, shall be served upon licensee or taxicab owner at least five days prior to the date fixed by the council for the hearing. (Ord. 462 § 30, 1944).

5.80.310 Notice service – Hearing – Right to be heard.

(1) Any notice provided for in this chapter shall be served either:

(a) By delivery of a copy personally to the licensee or taxicab owner affected; or

(b) By leaving a copy with some person of suitable age and discretion at the place of business, or, if no such person is found at such place of business, then by leaving such notice in a conspicuous place on the premises, and mailing a copy of the notice to the licensee or taxicab owner as set forth in his application for license.

(2) At the hearing on said charges, the licensee or taxicab owner shall have the right to appear and defend the charges and if he so desires, to be represented by council. (Ord. 462 § 30, 1944).

5.80.320 Licenses subject to revocation – Refunds.

(1) Every license issued under the provisions of this chapter shall state in substance that such license is issued in consideration of the fees paid therefor and the right of the city council to revoke or suspend such license pursuant to the provisions of this chapter.

(2) Upon the revocation of any license for cause, the unearned portion of the license fee shall be returned to the licensee. (Ord. 462 § 31, 1944).