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Ordinance 28430006.080.034 KCH/klt 05/22/91 R:07/05/91 2843 ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE TO ADD CHAPTER 4.85 ENTITLED HORSE TAXIS, AND PROVIDE FOR AN EFFECTIVE DATE. WHEREAS, horse taxis are a tourist attraction, and WHEREAS, horse taxis operate on City streets along with other vehicles and are subject to traffic laws and so should be regulated, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds City Code is hereby amended by the addition of a new chapter 4.85 entitled Horse Taxis to read as follows: Chapter 4.85 Horse Taxis Sections: 4.85.010 Definitions 4.85.020 Activities requiring license 4.85.030 Vehicle license --application 4.85.040 Expiration 4.85.050 Transfer 4.85.060 Rates and charges 4.85.070 Required records 4.85.080 Violations 4.85.090 Police chief requirements 4.85.100 Driver's license --application 4.85.110 Expiration 4.85.120 Transfer 4.85.130 Issuance 4.85.140 Display 4.85.150 Violations KCH012620 -1- 4.85.010 DEFINITIONS A. A "horse taxi" is A non -motorized vehicle drawn by a horse, pony, mule, donkey or the like, such as a horse carriage, used for the transportation of passengers and incidental baggage for compensation upon the streets of the City of Edmonds, available for use by the general public. B. An "animal" in this chapter refers to horses, ponies, mules, donkeys or the like, used to draw a horse taxi. 4.85,020 ACTIVITIES REQUIRING LICENSE No person may own, operate, use, or drive a horse taxi unless the vehicle is licensed under this chapter and no person may drive a horse taxi without a driver's license issued under this chapter. 4.85.030 VEHICLE LICENSE --APPLICATION An applicant for a horse taxi license must submit: A. proof of ownership or lessee's interest in the vehicle; B. the name and address of the owner of the vehicle; C. the make, model, year of manufacture, color, and any identifying number of the vehicle, D. a certificate of public liability insurance, naming the City as an additional insured, providing coverage for the term of the license applied for, in the minimum amounts of one hundred thousand dollars for any recovery for death or personal injury by one person, three hundred thousand for aggregate personal injuries or deaths in any one occurrence and twenty-five thousand dollars for damage to property. The insurance liability limits herein shall be subject to automatic increase if the KCH01262O -2- minimum coverage required by state law is increased for state for -hire vehicle permits, pursuant to Chapter 46.72 RCW. Such policy shall provide minimum thirty days' written notice to the City of the cancellation of the policy or change in the liability limits; and F. the schedule or schedules of rates and charges in the form required by Section 4.85.060. 4.85.040 EXPIRATION A horse taxi license expires on March 31st of each year. 4.85.050 TRANSFER A horse taxi license is not transferable to another person or vehicle. 4.85.060 RATES AND CHARGES A. The City does not regulate the rates and charges of horse taxis except to require that they be uniform for all vehicles of the same company, that certain measures be taken before rates are changed, that they not illegally discriminate against any person or class of person, and that the rate schedule include certain items. B. Before putting into effect changed rates, a licensee must file the new schedule or schedules with the city clerk or her/his designee at least fifteen days in advance. C. If applicable, a licensee must include in the required rate schedule charges for: 1. waiting time, on an hourly basis; 2. initial drop on all trips including the first tenth of a mile; 3. distance based on uniform increments of one -tenth of a mile; 4. each additional passenger; KCH01262O -3- 5. additional baggage, per piece, not including baggage which can be carried on by the passenger. D. Any separate rates for service charged by the licensee must clearly specify when and under what conditions the respective rates will apply; E. A licensee may by written contract establish a fare for specific transportation different than the filed rate. 4.85.070 REQUIRED RECORDS Every holder of a horse taxi license must keep the license and all documents showing compliance with the requirements of this code available for inspection by the City Clerk or her/his designee at the office address shown on the license. If the holder operates only one horse taxi, the records may be kept on the holder's person or with the taxi in which case they shall be available for inspection by any police officer of the City. Every licensee must keep the required records at least three years. 4.85.080 VIOLATIONS Every licensee has an affirmative and continuing obligation to ensure that: A. all records, documents and information required under this code be kept current and accurate; B. no vehicle be operated by a driver under the influence of intoxicating liquor or drugs; C. neither the licensee nor any employee engage in any unfair method of competition or deceptive practice; and D. The animal or animals shall be treated in a safe and humane manner in accordance with all state or local laws and receive prompt veterinary care for any illness or injury. KCH01262O -4- 4.85.090 POLICE CHIEF REQUIREMENTS A. Because of the relative lack of speed and maneuverability of horse taxis, the chief of police may impose special requirements on the vehicle license, including prohibiting travel on certain arterials in the congested district or narrow streets and restricting the hours of operation on certain streets. Unless the vehicle is equipped with approved lighting, the chief may prohibit operation during hours of darkness or during times of low visibility. B. Although a horse taxi is subject to all traffic laws applicable to vehicles when operating on the public ways, the chief may approve a specific route set forth in the application including parkways, squares and other places not normally accessible to motor vehicles. C. Subject to the approval of the Police Chief, each owner/operator shall designate and make provision for an off street area to stand, park or discharge and load passengers. If the owner/operator of a horse taxi has not made provision for an off street area to stand, park or discharge and load passengers, the Chief of Police may designate an area or areas along city streets for such purpose after consultation with the City's traffic engineer. A fee shall be charged monthly for each former parking space required to be devoted to the horse taxi as a loading and unloading zone. When areas have been so designated, horse taxis shall not stand or park in any other area not designated for such use. D. Notice of off street or on street areas designated in accordance with subpara- graph C above shall be posted in the manner provided in 20.90.010(B)(1)(b). Approval or denial of an off or on street area shall be appealable in the same manner as provided in Chapter 20.105 for staff decisions. KCH01262O -5- 4.85.100 DRIVER'S LICENSE --APPLICATION An applicant for a horse taxi driver's license must submit: A. A statement: 1. of name, age and address(es) for the last five years, 2. of current and last preceding place of employment, 3. whether previously employed or licensed as a horse taxi driver and, if so, the reasons why not now so employed, 4. that he/she has been a licensed motor vehicle driver for at least two years, 5. of ability to read and speak the English language, 6. that he/she is not and has not for two years been addicted to the use of intoxicating liquor or drugs; B. Proof: 1. that he/she holds a current, valid Washington State driver's license, 2. that he/she has not been convicted of an offense involving moral turpitude, of a felony relating to fitness or ability to operate a horse taxi within ten years, or driving under the influence of intoxicants or reckless driving within one year, and 3. the certification of the applicant's examining physician that the applicant is in reasonable physical condition capable of safely operating the horse taxi and handling and caring for the horse. C. Two recent photographs. KCH01262O -6- 4.85.110 EXPIRATION Horse taxi driver's licenses expire March 31st of each year. 4.85.120 TRANSFER A horse taxi driver's license is not transferable. 4.85.125 LICENSE AND OTHER RELATED FEES A. The fee for a vehicle license issued under ECC 4.85.030 shall be $50.00 annually. B. The fee for a drivers license issued under ECC 4.85.100 shall be $25.00 annually. C. The fee for establishing a standing, parking or pick up zone shall be $175.00 per street parking space utilized per month. 4.85.130 ISSUANCE The city clerk or her/his designee causes one of the applicant's photographs to be incorporated into the license along with licensee's name and assigns a number to the license. 4.85.140 DISPLAY Every driver must display her/his license in a conspicuous place inside the horse taxi clearly visible from the passenger compartment at all times when he or she is operating or in charge of the vehicle. 4.85.150 VIOLATIONS It is a violation and ground for suspension or revocation of a horse taxi driver's license, for any horse taxi driver to: A. commit more than two traffic infractions in any twelve-month period; B. be guilty of a felony; KCH01262O -7- C. be guilty of reckless driving or driving offenses involving the use of alcohol; D. fail to deliver to the police department within twenty-four hours any property of value left in a vehicle; E. allow a person to enter or alight from the vehicle while it is in motion or pick up or discharge a passenger at any place other than the curb or pavement edge; F. allow a passenger to consume intoxicating liquor or controlled substances in the vehicle; G. pick up any additional passengers without the express consent of the original passenger; H. refuse to pick up as a passenger any person of proper deportment when the vehicle is available, or discriminate against any person because of race, religion, national origin, sex, marital status, age, or mental or sensory handicap; I. by reason of neglect or intent to cause or allow any animal under his/her care to endure pain, suffering or injury or to fail or neglect to aid or attempt alleviation of pain, suffering or injury he/she has so caused to any animal under his/her care; and J. leave any animal under his/her care unattended, whether tethered or untethered, within any area of the city zoned for commercial use by the city zoning code. K. Fail to promptly collect and properly dispose of manure or other debris related to the horse taxi's operation. Section 2. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after KCH01262O -8- passage and publication consisting of the title. ATTEST/AUTHENTICATED: of the ordinance or a summary thereof APPROVED: MAYOR, AUGHTEN IT CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK: July 5, 1991 PASSED BY THE CITY COUNCIL: 'lgi) PUBLISHED: July 21, 1991 EFFECTIVE DATE: July 26, 1991 ORDINANCE NO. 2843 KCH01262O -9- Affidavit of Publication STATE OF WASHINGTON, ss COUNTY OF SNOHOI\rzISH, KnLe Np- 2041 the c1ty nl The undersigned, being first duly sworn on oath deposes and says that she is Principal Clerk of THE HERALD, a daily newspaper printed and published in the City of Everett, County of Snohomish, and State of Washington; that said newspaper is a newspaper of general circulation in said County and State; that said newspaper has been approved as a legal newspaper by order of the Superior Court of Snohomish County and that the tine ........................................ d� Jo. n a printed copy of which is hereunto attached, was published in said of Y newspaper proper and not in supplement form, in the regular and "+ entire edition of said paper on the following days and times, namely: InC fullbe, feXl Of 1h(5 Ordinance DIATEO !h S i61ll dpv OflJuly, 14i1, JACQUEL)NE G. PARRCTT Piihllsheclerk uv 11, 7991. and that said newspaper was regularly distributed to its subscribers during all of said period. �l Principal Clerk Subscribed and sworn to before me this ..... 4A...-----. dayof ......................::..... ... . ........................... 19..E E.. 1 Not#ry P lic i� and for the State of Washington, residing at Everett, Snohomish County.