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Ordinance 1955ORDINANCE NO. 1955 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING CHAPTER 4.60 OF THE EDMONDS CITY CODE; REGULATING THE OPERATION OF TAXICABS WITH- IN THE CITY OF EDMONDS; REQUIRING OPERATORS LICENSES THEREFORE; ESTABLISHING FEES; SETTING FORTH INFORMATION REQUIRED OF APPLICANTS; PROVID- ING FOR INVESTIGATION AND INSPECTION OF APPLICANTS AND THEIR VEHICLES; REQUIRING INSURANCE ON ALL TAXICABS; PROVIDING FOR REVOCATION OF LICENSES AND ESTABLISHING THE PROCEDURES THEREIN; AND PRO- VIDING PENALTIES. WHEREAS, the following additions to the Edmonds City Code are necessary for the health, safety and general welfare of the public, now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, DO ORDAIN AS FOLLOWS: Section 1. Section 4.60.010 of the Edmonds City Code is hereby amended to read as follows: "4.60.010. Definitions 1. "Driver" means a person actually engaged in driving a taxicab within the City of Edmonds. 2. "Operate as a taxicab" shall mean 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. 3. "Person" shall mean any individual, corporation, association, or any other legal entity. 4. "Taxicab" means a motor vehicle engaged in the business of carrying passengers for hire within the City of Edmonds including, but not limited -1- to, cabulances, sightseeing cars and wheelchair taxies. As used herein taxicabs shall not be construed to include ambulances as that term is defined in Chapter 4.08 of the Edmonds City Code. Section 2. Section 4.60.020 of the Edmonds City Code is hereby amended to read as follows: "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." Section 3. Section 4.60.030 of the Edmonds City Code is hereby amended to read as follows: "4.60.030. Application for Operator's License. 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 section 4.60.090 of the Edmonds City Code." Section 4. Section 4.60.040 of the Edmonds City Code is hereby amended to read as follows: "4.60.040. Information Required. All applicants for operator's license shall fur- nish the following information: 1. The applicant's name, drivers license number, date of birth and place of birth. 2. The applicant's place of residence and the length of time he has resided in the City, if applicable. 3. The applicant's last place of employment with the name and address and telephone number of the employer. 4. Whether the applicant or any of his employees -2- 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 if so, by what jurisdiction and for what cause. 5. whether or not the applicant or any of his employees have ever been convicted of or for- feited bail for a crime including all traffic offenses for the preceding 5 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. 6. The number of vehicles to be operated or con- trolled by the applicant, and the make, model, year, Vehicle Identification Number and vehicle license number of each vehicle. 7. A list of the names, drivers license numbers, date of birth and addresses of all employees. 8. The applicant's financial status including any and all unpaid judgments and the nature of the transaction or acts giving rise to said judgments. 9. The name under which the applicant intends to operate. 10. Proof of insurance as required by section 4.60.100 of the Edmonds City Code. 11. Such other and further information as may be required by the Police Department." Section 5. Section 4.60.050 of the Edmonds City Code is hereby amended to read as follows: "4.60.050. 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 infor- mation contained in the application is true and correct and shall verify that all vehicles to be operated as -3- taxicabs are properly licensed. The Police Department shall forward its report and recommendations to the City Council after its investigation is completed." Section 6. Section 4.60.060 of the Edmonds City Code is hereby amended to read as follows: "4.60.060. Council Approval. The City Council shall approve or disapprove all applications for operator's licenses. Before approving an operators license, the City Council shall determine: 1. That the applicant is financially sound, and has fulfilled the insurance requirements of section 4.60.100 of the Edmonds City Code. 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 oper- ation. Section 7. Section 4.60.070 of the Edmonds City Code is hereby amended to read as follows: 114.60.070. Issuance of License. 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 re- quest to a police officer. The City Clerk shall -4- keep on file a copy of all licenses currently issued." Section 8. Section 4.60.080 of the Edmonds City Code is hereby amended to read as follows: "4.60.080. Current List of 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, date of birth and drivers license numbers of all person authorized to act as drivers. Section 9. Section 4.60.090 of the Edmonds City Code is hereby amended to read as follows: "4.60.090. Operator's License Fees - Expiration Date. The annual license fee for operator's licenses shall be $30.00 for each taxicab to be operated in the City of Edmonds and $20.00 for each driver. Provided, however, the fee for operator's license applied for after June 30th of any year shall be $15.00 for each taxicab and $10.00 for each driver. The license shall expire on the 31st day of December in the year in which it is issued. Section 10. A new section 4.60.100 is hereby added to the Edmonds City Code to read as follows: "4.60.100. 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, providing 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 -5- 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 thirty (30) days written notice of cancellation previously given to the City Clerk." Section 11. A new section 4.60.110 is hereby added to the Edmonds City Code to read as follows: "4.60.110. Prohibited Activities. 1. 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 ten years. 2. No driver shall leave his taxicab unattended or to make repairs or wash his taxicab while in a taxicab stand. 3. 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. 4. No holder of an operator's license issued pursuant to this Chapter shall knowingly permit any person to act as a driver unless said person appears on the list required by section 4.60.080 of the Edmonds City Code. 5. 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. 6. 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." Section 12. A new section 4.60.120 is hereby added to the Edmonds City Code to read as follows: "4.60.120. Revocation, Su ion, or Denial of License. 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 and notify the licensee, in writing, of such date of the hearing and 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 ten (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." Section 13. A new section 4.60.130 is hereby added to the Edmonds City Code to read as follows: 114.60.130. Appeal. Appeal from any decision of the City Council shall be made within ten (10) days of the Council's de- cision 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." Section 14. A new section 4.60.140 is hereby added to the Edmonds City Code to read as follows: "4.60.140. Penalties. Any person violating or failing to comply with any of the provisions of this Chapter shall, upon con- viction thereof, be punished in the manner set forth in section 5.45.020 of the Edmonds City Code. MVM Section 15. A new section 4.60.300 is hereby added to the Edmonds City Code to read as follows: "4.60.300. Severabilitv. If any section, subsection, clause, phrase, or word of this Chapter or any provision adopted by reference herein is for any reason held to be invalid or uncon- stitutional by a Court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this Chapter." APPROVED: WRINAVENZ-0 . � , " • '• ATTEST: J CITY`CLERK, IRENE RNEY MORAN FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: November 2, 1977 October 18, 1977 October 25, 1977