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HomeMy WebLinkAbout5818ORDINANCE NO. 5818 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING SECTION 5.20.230 OF THE AUBURN CITY CODE, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A CONTRACT WITH KING COUNTY, WASHINGTON, RELATING TO TAXICAB ENFORCEMENT WHEREAS, the City of Auburn is engaged in various municipal functions, including enforcement of Taxicab businesses within the City; and WHEREAS, there have been problems with inconsistent enforcement in area jurisdictions affected by Taxicab businesses; and WHEREAS, in order to provide for consistency and uniformity of enforcement, it would be advantageous for the City of Auburn to contract with King County, Washington, for such enforcement services: and WHEREAS, it would also be appropriate to adopt consistent provisions relating to such enforcement. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Section 1, Code Amendment That Section 5.20.230 of the Auburn City Code is amended to read as follows: 5.20.230 Taxicab businesses ~ Provisions adopted by reference. A. The provisions of Chapter 6.64 of the King County Code as they currently exist and as they may be hereinafter amended are adopted by reference, a copy of which shall be on file with the Office of the City Clerk; Provided that unless the context indicates otherwise, reference to King County shall mean and be construed as the City of Auburn, Washington. B. In order to operate a taxicab business in the cit¥City, a current King County or Pierce County taxicab license is required. (Ord. 5678 § 1, 2002; Ord. 4012 § 2, 1984.) Ordinance No. 5818 December 30, 2003 Page 1 Section 2. Authority to Execute A.qreement That the Mayor and the City Clerk are authorized to execute an agreement with King County for enforcement of taxicab regulations, in substantial conformity with the Agreement attached hereto, marked as Exhibit "A" and incorporated herein by this reference. Section 3. Administrative Authority The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 4. Severability If any provision of this ordinance or its application to any person or circumstances is held invalid, the remainder of the act of the application of the provision to other persons or circumstances shall not be affected. Section 5. Effective date This ordinance shall take effect and be in force five (5) days after passage and publication as required by law. ATTEST: INTRODUCED: JAN 5 2004 PASSED: JAN ,5 2004 PETER B. LEWIS MAYOR Danielle E. Daskam, City Clerk Ordinance No. 5818 December 30, 2003 Page 2 APPROVED AS TO FORM: ~B. Heid City Attorney Published: Ordinance No. 5818 December 30, 2003 Page 3 INTERLOCAL AGREEMENT BETWEEN King County and the City of Auburn for Licensing of Taxicabs and For-Hire Vehicles THIS AGREEMENT is made between King County, a home rule charter county, a political subdivision of the State of Washington, hereinafter referred to as the "County", and the City of Auburn, a municipal corporation of the State of Washington, hereinafter referred to as the "City", under authority of Chapter 39.34 Revised Code of Washington. WHEREAS, the County and the City have jurisdiction to regulate the business of operating taxicabs and for-hire vehicles and their drivers within their respective boundaries; and WHEREAS, the business of operating taxicabs and for-hire vehicles presents peculiar licensing and law enforcement problems of a multijurisdictional nature; and WHEREAS, it is desirable in order to adequately protect the interests of the County and the City and the citizens thereof, to provide for a uniform Countywide system of licensing taxicabs and for-hire vehicles and the drivers thereof; and WHEREAS, the County and its employees, and more particularly the Licensing Services Section, Records, Elections and Licensing Services Division, Department of Executive Services, are well-qualified and able in matters relating to the licensing and enforcement of laws relating to the conduct of the taxicab and for-hire vehicle business; and WHEREAS, the City desires to obtain the assistance of the County in matters relating to the licensing and enforcement of laws relating to the conduct of the taxicab and for-hire vehicle business; and WHEREAS, the County is ready, willing and able to assist the City in matters relating to the licensing and enforcement of laws relating to regulation of taxicabs and for-hire vehicles and the drivers thereof; NOW THEREFORE, the County and City hereby agree: 1 Ci_ty Responsibilities. The City promises to: 1.1 Enact an ordinance which is substantially similar to, or adopts by reference King County Code, Chapter 6.64, as now or hereafter amended. 1.2 Delegate to the County the following: 1.2.1 The power to determine eligibility for licenses issued under the terms of the City ordinance, subject to the review power of the King County Board of Appeals. 1 of 4 2 1.2.2 The power to enforce the terms of the City ordinance, including the power to deny, suspend or revoke licenses issued thereunder, subject to the conditions set forth in the City ordinance, and subject to the review power of the King County Board of Appeals. 1.3 Nothing in this agreement is intended to divest the City of authority to issue notices of violation and court citations for alleged violations of City ordinances. The authority to issue notices of violations and court citations may be exercised by either the County or City. 1.4 Except as to Sections 1.2.1 and 1.2.2, the services provided by the County pursuant to this agreement do not include legal services, which shall be provided by the City at its own expense. Coun _ty Responsibilities. The County agrees to act as the City's agent through the Records, Elections and Licensing Services Division to perform the following in accordance with enabling ordinances and Records, Elections and Licensing Services Division administrative procedures: 2.1 Perform consistent with available resources all services relating to licensing and enforcement of City ordinances pertaining to taxicabs and for-hire vehicles and drivers. 2.2 Provide the same degree, type and level of service as is customarily provided to residents of unincorporated King County. 2.3 The rendition of such service, the standards of performance, the discipline of employees, and all other matters incident to the performance of such services and the control of personnel so employed shall remain with the County. In the event of a dispute between the parties as to the extent of the service to be rendered hereunder, or the minimum level or manner of performance of such service, the determination of the Director (County Administrative Officer) of the King County Department of Executive Services shall be final and conclusive in all respects as between the parties hereto. Compensation and Method of Payment. 3.1 The County shall retain all fines and fees collected pursuant to the licensing of taxicabs and for-hire vehicles and the drivers thereof. No additional compensation will be due from the City. 3.2 The parties agree that all fines levied by the court of competent jurisdiction or civil penalties assessed by the Director (County Administrative Officer) or his dully appointed authorized representative of the Department of Executive Services for violation of city ordinances regulating the taxicab and for-hire 2 of 4 vehicle business and for-hire drivers shall become the property of the County. 4 Duration. This agreement shall be effective for one year from the date of execution and shall automatically renew from year to year unless terminated by sixty (60) days' written notice by either party to the other. 5 Modifications. The parties agree that this agreement is the complete expression of the terms hereto and any oral representation or understanding not incorporated herein is excluded. The parties reserve the right to modify this agreement. Any modification of this agreement shall be in writing, signed by both parties, and affixed to this original agreement. 6 Mutual Covenants. Both parties understand and agree that the County is acting hereunder as an independent contractor, with the intended following results: 6.1 Control of County personnel, standards of performance of this agreement, discipline, and all other aspects of performance shall be governed entirely by the County; 6.2 All persons rendering services hereunder shall be for all purposes employees of the County, although they may from time to time act as commissioned officers of the City; 6.3 The contact person for the City regarding citizen complaints, service requests and general information on taxicab services is the Superintendent of the King County Licensing Services Section. 7 Indemnification. 7.1 In executing this agreement, the County does not assume liability or responsibility for or in any way release the City from any liability or responsibility which arises in whole or in part from the existence, validity or effect of City ordinances, rules or regulations. If any such cause, claim, suit, action or administrative proceeding is commenced, the City shall defend the same at its sole expense and if judgment is entered or damages are awarded against the City, the County, or both, the City shall satisfy the same, including all chargeable costs and attorney's fees. 7.2 The County shall indemnify and hold harmless the City and its officers, agents, and employees, or any of them, from and against any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of the County, its officers, agents, and employees in performing services pursuant to this agreement. In the event that any suit based upon such a claim, action, loss, or damage is brought against the City or the 3 of 4 City and the County, the County shall defend the same at its sole cost and expense; and if final judgment be rendered against the City and its officers, agents, and employees or jointly against the City and the County and their respective officers, agents and employees, the County shall satisfy the same. 7.3 The City shall indemnify and hold harmless the County and its officers, agents, and employees, or any of them, from and against any and all claims, action, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, which are caused by or result from a negligent act or omission of the City, its officers, agents, and employees. In the event that any suit based upon such a claim, action, loss, or damage is brought against the County or the City, the City shall defend the same at its sole cost and expense; and if final judgment be rendered against the County, and its officers, agents, and employees or jointly against the County and the City and their respective officers, agents and employees, the City shall satisfy the same. Administration. This agreement shall be administered by the Director of the Records, Elections and Licensing Services Division, or his or her designee, and the Mayor, or his or her designee. 9 Amendments. This agreement may be amended at any time by mutual written agreement of the parties. IN WITNESS WHEREOF, the parties have executed this agreement. KING COUNTY King County Executi~ Date Approved as to Form King County Deputy PA Date (F~ ¢~1~ City Clerk/Date Appr0ve~, to~ /, Date /- ,.2 -oc// Date 4 of 4 TAXIS - BUSINESSES AND DRIVERS 6.64 Chapter 6.64 TAXIS - BUSINESSES AND DRIVERS I. GENERAL PROVISIONS Sections: 6.64.005 6.64.007 6.64.010 6.64.015 6.64.025 Purpose. Scope of authority. Definitions. Interlocal agreement. Fees. II. TRADE NAME AND COLOR SCHEME REGISTRATION 6.64.200 6.64.210 6.64.220 Service organization registration. Color scheme. Independent color scheme. III. VEHICLE LICENSE REQUIREMENTS AND STANDARDS 6.64.300 6.64.310 6.64.320 6.64.330 6.64.340 6.64.350 6.64.360 6.64.370 6.64.38O 6.64.390 6.64.40O 6.64.410 6.64.42O 6.64.430 6.64.440 6.64.450 6.64.460 Taxicab and for-hire license required. Application. Required documents. Applicant requirements. Vehicle requirements. Insurance required. Certificate of safety. Vehicle standards. Taxicab and for-hire vehicle license expiration. Taxicab and for-hire vehicle license plate. Taximeter. Consumer information board. Taxicab and for-hire owner - Responsibilities. Standards for denial - Taxicab or for hire vehicle owner. Standards for suspension/revocation - Taxicab or for-hire vehicle owner. Destruction, replacement, retirement of a taxicab. Surrender of vehicle license. IV. FOR-HIRE DRIVER REQUIREMENTS AND STANDARDS 6.64.500 6.64.510 6.64.520 6.64.530 6.64.540 6.64.550 6.64.560 6.64.570 6.64.580 6.64.590 6.64.600 6.64.610 For-hire driver's license required. Application. Investigation. Qualifications. Temporary permit. Application null and void. Medical certification. Training program. Written examination, Driving record. Standards for denial of a license - for-hire driver. Standards for suspension/revocation - for-hire driver. Page 1 (King County) TAXIS - BUSINESSES AND DRIVERS 6.64 6.64.620 6.64.63O 6.64.640 6.64.650 6.64.66O 6.64.670 6.64.680 6.64.690 6.64.695 License issuance. License expiration - for-hire driver. For-hire driver operating standards. Vehicle safety standards. Conduct standards. Taxicab meter/rates standards. Driver-passenger relations standards. Soliciting and cruising standards. Taxi zone standards. V. ENTRY STANDARDS AND RATES 6.64.700 6.64.710 6.64.720 6.64.730 6.64.740 6.64.750 6.64.760 6.64.770 Taxicab - maximum number. Transfer of permit. Industry reporting. Response times. Annual report. Determination of fare and number of licenses. Rates. Rate study. VI. PENALTIES 6.64.800 6.64.810 6.64.820 Infraction. Misdemeanors. Civil penalty. VII. MISCELLANEOUS 6.64.900 6.64.910 6.64.920 6.64.990 Consumer complaint hotline. Passenger complaint process. Renewal of license, registration or permit - late penalty. Severability. CROSS - REFERENCE: Taxicab operating agreement at airport, see Chs. 15.48 and 15.80 of this code. I. GENERAL PROVISIONS 6.64.005 Purpose. The purpose of this chapter is to further for the public the safety, reliability, and economic viability and stability of privately operated taxicab transportation services within King County. These matters are matters of public concern, and accordingly, this chapter is intended to protect the public as a whole and shall not be construed to create a duty toward any particular individual or groups of individuals. (Ord. 10498 § 3, 1992). 6.64.007 Scope of authority. Unless otherwise specifically stated, binding provisions shall apply to all licensees operating in the unincorporated areas of King County and other jurisdictions or public agencies authorized to contract for services with King County under the authorities provided in the Interlocal Agreement Act, RCW 39.34, as amended; provided, that should provisions herein conflict with those contained in any such interlocal agreement, the interlocal agreement shall supercede in all cases. (Ord. 10498 § 4, 1992). Page 2 (King County) TAXIS - BUSINESSES AND DRIVERS 6.64 6.64.010 Definitions. For the purposes of this chapter and unless the context plainly requires otherwise, the following definitions apply: A. "Affiliated representative" means the individual within the service organization who has the authority to file special rates and contract agreement rates and charges for a group of affiliated taxicabs, and who is designated as the individual responsible for the receipt of any correspondence or notices pertaining to the service organization or the taxicabs or for-hire vehicles operating within the service organization. B. "Affiliated taxicab" means a taxicab associated with a service organization. C. "Alcohol" means a mixture containing no less than eighty-five percent methanol, ethanol or other alcohols, in any combination, by volume. D. "Alternative fuel" means a means for propulsion by other than gasoline or diesel fuel and shall include: 1. Alcohol. 2. Duel energy. 3. Electricity. 4. Natural gas. 5. Propane. 6. Human powered. E. "Approved mechanic facility" means a garage or repair facility who employs mechanics who have successfully passed the examinations of, and met the experience requirements prescribed by the National Institute for Automotive Service Excellence, and who have been awarded Certificates in Evidence of Competence satisfactory to the director, and who are Authorized Emission Specialists certified by the Washington Department of Ecology, and none of whom are the owner, lessee, or driver of a taxicab, or for-hire vehicle or the employee of a taxicab or for-hire vehicle company, and none of whom have a financial interest in a taxicab or for-hire vehicle or taxicab or for-hire vehicle company. F. "Contract agreement rate" means the rate specified in a written agreement signed by both parties in advance of the dispatch of a taxicab or for-hire vehicle for the services identified in the contract. G. "Director" means the director of the King County department of executive services and his or her duly appointed representatives. H. "Dual energy" means capable of being operated using an alternative fuel and gasoline or diesel fuel. I. "Engage in the business of operating a taxicab or vehicle for hire" means the pickup and transportation of any fare paying passenger from a point within the geographical confines of unincorporated King County, whether or not the vehicle is dispatched from a taxicab stand or office within any other municipal corporation, and whether or not the ultimate destination or route of travel is within the confines of unincorporated King County; provided, that nothing in this chapter shall be construed to apply to taxicabs or for-hire vehicles licensed by any other municipal corporation and transporting passengers from a point within the licensing municipality to a destination outside thereof, whether or not the ultimate destination or route traveled is within unincorporated King County. J. "For-hire driver" means any person in control of, operating or driving a taxicab or for-hire vehicle and includes a lease driver, owner/operator, or driver of taxicabs or for-hire vehicles as an employee. K. "For-hire vehicle" means and includes every motor vehicle used for the transportation of passengers for hire, and not operated exclusively over a fixed and definite route, except: 1. Taxicabs; 2. Passenger vehicles carrying passengers on a noncommercial enterprise basis; 3. Vehicles or operators expressly exempt by RCW from county regulation; Page 3 (King County) TAXIS - BUSINESSES AND DRIVERS 6.64 4. Operators of charter boats. L. "He" means and includes in all references either he or she. M. "His" means and includes in all references either his or her. N. "Independent taxicab" means a taxicab that is not affiliated with a service organization. O. "Lease driver" means a for-hire driver who is an independent contractor/sole proprietor and who has a taxicab for-hire vehicle lease contract or other form of agreement with a taxicab or for-hire vehicle owner or service organization. P. "Lessor" means an owner of a taxicab or for-hire vehicle who leases, by contract or other form of agreement, to a lease driver as defined in this section. Q. "Licensee" means all applicants, including for-hire drivers, vehicle owners, and service organizations including the affiliated representative required to license under the provisions of this chapter. R. "Motor vehicle" means every motorized vehicle by or upon which any person may be transported or carried upon a public street, highway or alley; provided, that vehicles used exclusively upon stationary rail tracks or propelled by use of overhead electric wires shall not come under the provisions of this chapter. S. "Service organization" means a group of taxicabs owned or operated by the same or various owners and using the same color scheme, trade name, dispatch services, and having an affiliated representative. T. "Special rate" means discounted rates for senior citizens and disabled. U. "Taxicab" means every motor vehicle used for the transportation of passengers for hire, where the route traveled or destination is controlled by a customer and the fare is based on an amount recorded and indicated on a taximeter, or on a special fare rate or contracted agreement as permitted by this chapter. V. "Taxicab vehicle owner" means the registered owner of the vehicle as defined by RCW 46.04.460 as now or hereafter amended. W. "Taximeter" means any instrument or device by which the charge for hire of a passenger carrying vehicle is measured or calculated either for the distance traveled by such vehicle or for waiting time, or for both, and upon which such calculated charges shall be indicated by means of figures. (Ord. 14199 § 121, 2001: Ord. 10498 § 1, 1992). 6.64.015 Interlocal agreement. A. The executive may execute an interlocal agreement with the City of Seattle and/or the Port of Seattle for the purposes of coordinating and consolidating for-hire driver, taxicab and for-hire vehicle licensing, administration and enforcement, reducing duplication of licensing functions, and a sharing of license fees as agreed to by the city and county. The agreement may authorize the city to accept and investigate applications for and issue taxicab and for-hire vehicle licenses and license renewals on behalf of the county, provided that the city uses the requirements of this chapter for taxicab and for-hire vehicle licenses. The agreement may authorize the county to accept and investigate applications for and issue for-hire driver licenses and license renewals and/or taxicab vehicle licenses and license renewals on behalf of the city, provided that the city agrees to the requirements of this chapter for driver licenses and/or taxicab licenses. B. The executive is directed to begin negotiating an interlocal agreement with the City of Seattle and with the Port of Seattle to accomplish the objectives stated in K.C.C. 6.64.015A. The executive shall report to the Council no later than April 1, 1994 on the status of negotiating an interlocal agreement with the City of Seattle and the Port of Seattle regarding regional taxicab and for-hire vehicle regulation. (Ord. 10498 § 5, 1992). 6.64.025 Fees. A. The following non-refundable fees shall apply: 1. Taxicab and For-Hire Vehicle Fees a. Taxicab or for-hire vehicle license Page 4 (King County) TAXIS - BUSINESSES AND DRIVERS 6.64 Taxicab Taxicab late fee For-hire vehicle For-hire vehicle late fee Vehicle equipment change Change of owner: Sept/Feb Mar/Aug Replace taxicab plate For-hire driver Taxicab and for-hire license Late fee ID photo Fingerprinting Replacement license Training fee $240.00 24.00 240.00 17.50 50.00 240.00 120.00 10.00 60.00 10.00 5.00 per charge authorized by RCW 10.97.100 5.00 per contract B. During the years 1991 through 1996, the fee will be waived for those taxicabs and for-hire vehicles which, upon inspection by the director, are found to operate on alternative fuel. (Ord. 13334 § 2, 1998: Ord. 11558 § 1, 1994; Ord. 10498 § 6, 1992). II. TRADE NAME AND COLOR SCHEME REGISTRATION 6.64.200 Service organization registration. A registration shall be filed by the affiliation representative with the director annually on or before August 31 on forms provided for same and shall be sworn to and notarized and include the following: A. The name, business address, and business phone number of the service organization; B. Ownership information including the names, home addresses, phone numbers, dates of birth, social security numbers of any owner, or if a corporation or other business entity, of the officers and registered agent, true legal name, state of incorporation and Washington business license number, and any other information which may be reasonably required; C. The color scheme the taxicabs in the service organization will be operating under and two (2) 2" X 2" sample color chips; D. The name, address, phone number and date of birth of the affiliated representative; E. The taxicab number and the name of each taxicab vehicle owner operating under the service organization; F. Any other information as may be required by the director. (Ord. 10498 § 7, 1992). 6.64.210 Color scheme. The director shall, in the interest of protecting the public from being deceived or confused, have the exclusive control in the granting of permission to use any color scheme, design, or monogram by any taxicab and/or taxicab service organization. (Ord. 10498 § 8, 1992). 6.64.220 Independent color scheme. Independent taxicab owners shall file the color scheme the taxicab will be operating under on forms provided for same including two (2) 2" X 2" sample color chips. (Ord. 10498 § 9, 1992). III. VEHICLE LICENSE REQUIREMENTS AND STANDARDS 6.64.300 Taxicab and for-hire license required. It is unlawful to own or operate, advertise, or engage in the business of operating a taxicab or for-hire vehicle in Page 5 (King County) TAXIS - BUSINESSES AND DRIVERS 6.64 unincorporated King County without first having obtained, for each and every vehicle so used, a taxicab or for-hire vehicle license. (Class M). (Ord. 10498 § 10, 1992). 6.64.310 Application. An application shall be filed by the registered owner of the vehicle to be used as a taxicab or for-hire vehicle on forms provided by the director. The application shall be signed and sworn to by the applicant and shall include: A. The full name of the applicant, date of birth, social security number, business address, home address, phone number, and any other applicant information as may be reasonably required; B. If the applicant is a corporation, the corporation name, corporation's business address and telephone number, full names, titles, dates of birth, social security numbers, home addresses and phone numbers of each officer, and the name, address, date of birth, and phone number of the registered agent of the corporation, and any other corporation information as may be reasonably required; C. Vehicle information including the name and number the taxicab or for-hire vehicle will be operating under, the make, model, year, vehicle identification number, Washington .State license number, and any other vehicle information as may be reasonably required; D. Whether or not the applicant(s) have ever had a license suspended, revoked or denied and for what reason; E. Criminal history information of the applicant, or if a corporation, each officer and registered agent. (Ord. 10498 § 11, 1992). 6.64.320 Required documents. In addition to the application required in Section 6.64.310, the applicant for a taxicab or for-hire vehicle license shall submit the following: A. State of Washington For-Hire Certificate; B. State of Washington vehicle registration; C. Certificate of insurance as required in Section 6.64.350. D. Certificate of safety as required in Section 6.64.360. E. City of Seattle Weights and Measures vehicle inspection approval; F. Other documents as may be reasonably required. (Ord. 10498 § 12, 1992). 6.64.330 Applicant requirements. No person, or if the applicant is a corporation, no officer or registered agent, shall be issued a taxicab or for-hire vehicle license unless the following minimum applicant qualifications are met: A. Must be eighteen years of age or older; B. Must present documentation, as required by the United States Department of Justice Immigration and Naturalization Service, that the applicant is authorized to work and/or own a business in the United States. (Ord. 10498 § 13, 1992). 6.64.340 Vehicle requirements. No person, or if the applicant is a corporation, no officer or registered agent, shall be issued a taxicab or for-hire vehicle license unless the following minimum vehicle requirements are met: A. Must meet a color scheme approved by the director; B. Must be properly insured as required in K.C.C. 6.64.350; C. Must meet the safety standards as required in K.C.C. 6.64.360; D. Must meet the vehicle standards as required in K.C.C. 6.64.370. (Ord. 10498 § 14, 1992). 6.64.350 Insurance required. A. The applicant shall file a certificate of insurance providing proof of compliance with RCW Chapter 46.72, as now or hereafter amended, for each taxicab or for-hire vehicle to be licensed. The certificate shall also provide that the insurer notify the director of any cancellation, in writing, at least thirty days prior to cancellation of the policy; Page 6 (King County) TAXIS - BUSINESSES AND DRIVERS 6.64 B. Such certificate shall be issued by a company authorized to carry on an insurance business in the State of Washington; C. King County shall be named as a certificate holder; D. In addition, all applicants shall maintain a policy of underinsured motorist coverage which runs to the benefit of passengers; provided, that a certificate of self- insurance issued pursuant to RCW 46.29.630 may be filed with the director in lieu of such policy. Proof of compliance will be a certificate of insurance indicating a minimum coverage of ten thousand dollars per person, and twenty thousand dollars per accident; E. If an insurance policy is cancelled, proof of a new policy must be filed prior to the date of cancellation or the taxicab or for-hire vehicle license is automatically suspended and must be surrendered to the director. (Ord. 10498 § 15, 1992). 6.64.360 Certificate of safety. The certificate of safety required in K.C.C. 6.64.320 shall be performed by an approved mechanic facility as defined in this chapter. Such inspection shall ensure the mechanical and structural integrity of the vehicle and shall include: A. Adequate braking system including emergency or auxiliary as per the manufacturer's allowable tolerance; B. Adequate suspension system to prevent excessive motion when the vehicle is in operation; C. Adequate steering system as per the manufacturer's allowable tolerance; D. Exhaust system that is free of leaks, defects, or tampering and that meets State of Washington motor vehicle emissions standards; E. No fluid leaks, including but not limited to motor oil, antifreeze, transmission fluid, and F. G. H. I. brake fluid; Air conditioning system free of CFC leaks, if the vehicle has such system; No excessive noise; Mechanically sound; Front end aligned. (Ord. 10498 § 16, 1992). 6.64.370 Vehicle standards. No taxicab or for-hire vehicle shall be operated unless it meets the minimum vehicle standards as prescribed in this section. Each taxicab or for- hire vehicle shall be inspected by the director before it is placed into service and thereafter semi-annually. No taxicab or for-hire vehicle shall be operated without having passed inspection within the last six months. The inspection required by this section and the vehicle operating standards shall include the following: A. Current taxicab vehicle plate or for-hire vehicle decal displayed as prescribed by the director; (Class I) B. Rate posting, numbers and letters displayed as prescribed by the director; (Class I) C. Color scheme, decals and insignias as approved by the director; (Class I) D. Windshield wiping blades, switch and defroster, all fully operational; (Class I) E. Mirrors, rear and side view (2), adjustable, and free of cracks or defects; (Class ~) F. The taxicab or for-hire vehicle must be equipped with four doors, and all door latches shall be operable from both the interior and exterior of the vehicle; (Class I) G. The windshield shall be without cracks, chips or defects that could interfere with the driver's vision. All other windows shall be intact and able to be opened and closed as intended by the manufacturer. The windows and windshield shall be maintained in a clean condition so as not to obstruct visibility; (Class I) H. Adequate emergency braking system; (Class I) I. Headlights shall be operable on both high and Iow beam. Taillights, parking lights, signal lights, back-up lights, license plate lights, emergency flashers, and interior lights shall all be operable and properly covered with factory equivalent lenses; (Class I) Page 7 (King County) TAXIS - BUSINESSES AND DRIVERS 6.64 J. Tires, including spare, shall be properly inflated, and have a minimum tread depth of 2/32 inches as determined by gauge, on all surfaces contacting the road, and free of visible defects; (Class I) K. No loose items on the taxicab or for-hire vehicle dashboard or rear shelf; (Class L. Horn fully operational; (Class I) M. Interior panels free of rips or tears, interior lights, dashboard instruments and lights operating properly; (Class I) N. Floor covering on all floor areas, no metal showing, and no torn or ripped floor mats; (Class I) O. Upholstered area and headliner to have no rips, torn seams, holes, or burns; (Class I) P. Seats shall be unbroken, fastened securely, and have no exposed springs, wires, or framework; (Class I) Q. Seat belts shall be functional and readily available for passenger use; (Class I) R. Pedals shall have rubber pads with no metal showing; (Class I) S. The trunk or luggage area must be covered either with a factory covering or a floor carpet. This covering or carpet shall be maintained in a clean condition, free of foreign matter, offensive odors, and litter. The trunk or luggage area shall contain only the following items: 1. A spare tire (inflated); 2. Those tools or accessories necessary for the safe operation of the taxicab or for-hire vehicle; 3. Those items necessary for vehicle cleaning and passenger safety and/or convenience; 4. A serviceable tire jack. (Class I) T. Bumpers and body molding must be in good condition and properly attached as the manufacturer intended; (Class I) U. General body is to be free of noticeable dents, rust or holes which would impair the appearance or serviceability of the vehicle. A violation of this section is deemed to have occurred any time one or more of the following exists: 1. There are any visible dents which exceed three (3) square feet in any single area of the exterior surface of the taxicab or for-hire vehicle, provided, that the deepest point of depression is three-quarters of an inch deep or greater, or; 2. There are any visible dents which exceed four square feet of the total exterior surface of the taxicab or for-hire vehicle, provided that the deepest point of depression is three-quarters of an inch deep or greater, or; 3. There are any visible dents which exceed six lineal feet of the total exterior surface of the taxicab or for-hire vehicle, provided that the deepest point of depression is three-quarters of an inch deep or greater, or; 4. There are any areas of the exterior surface of the taxicab or for-hire vehicle that contain a hole larger than six square inches, or; 5. There is a visible dent which exceeds twelve inches square, provided that the deepest point of depression is more than two inches. (Class I) V. Wheels and rims straight and aligned properly. Wheels must have hubcaps or covers. Rims are to be of uniform color; (Class I) W. Two-way radio dispatch or telephone operational; (Class I) X. Meter sealed and functioning per ordinance requirements; (Class I) Y. Functional heater, defroster, and fan; (Class I) Z. Consumer information board included as prescribed by the director; (Class I) AA. Decals, posters, or any other material shall not be placed on the windows or windshield so as to obscure the driver's or passenger's view; (Class I) BB. A toplight that is activated by the use of the meter, size of the toplight and activation as prescribed by the director; (Class I) Page 8 (King County) TAXIS - BUSINESSES AND DRIVERS 6.64 CC. Other reasonable requirements as may be determined by the director. (Ord. 10498 § 17, 1992). 6.64.380 Taxicab and for-hire vehicle license expiration. All taxicab and for-hire licenses shall expire on August 31st of each year. (Ord. 10498 § 18, 1992). 6.64.390 Taxicab and for-him vehicle license plate. The director shall furnish with each taxicab or for-hire vehicle issued one or more plates, decals, or tags, bearing the taxicab or for-hire vehicle number, as assigned by the director, and the expiration year of the license. All plates, decals or tags shall remain the property of the director. (Ord. 10498 § 19, 1992). 6.64.400 Taximeter. A. Each taxicab shall be equipped with a taximeter as prescribed by the director; B. Every taximeter shall be installed at the right side of the driver, either adjoining the cowl or dashboard of the taxicab, and, except for special service vehicles, shall contain only one fare rate; C. The reading face of the taximeter shall at all times be well lighted and distinctly readable to passengers; D. Upon satisfactorily passing the meter inspection, a written notice shall be plainly posted and a security seal attached to the taximeter as prescribed by the director; E. The taximeter shall conform to the requirements prescribed in Weights and Measures Handbook #44 as now or hereafter amended. F. The taximeter must have the capacity of storing the following information: 1. Total trips; 2. Total paid miles; 3. Total miles operated; 4. Total number of fare units and/or fare dollars; 5. Total number and/or dollars for extras. (Ord. 10498 § 20, 1992). 6.64.410 Consumer information board. Each taxicab or for-hire vehicle shall be equipped with a consumer information board, the size, material, and placement to be prescribed by the director. Such board shall include, at a minimum, the taxicab or for-hire vehicle name and number, the driver's for-hire driver's license number, the taxi hotline number and consumer survey and complaint cards. (Ord. 10498 § 21, 1990). 6.64.420 Taxicab and for-him owner - Responsibilities. It is the responsibility of each taxicab or for-hire vehicle owner to ensure that the following conditions or requirements are met and continually maintained: A. Proof of insurance as required in K.C.C. 6.64.350 is on file with the director; (Class M) B. Any person driving, operating, in control of or any lessee of the taxicab or for- hire vehicle has been issued a for-hire driver's license and such license is valid; (Class M) C. The taxicab or for-hire vehicle meets the safety standards as set forth in K.C.C. 6.64.360 at all times the vehicle is operating; (Class I or M) D. The taxicab or for-hire vehicle meets the vehicle standards as set forth in K.C.C. 6.64.370 at all times the vehicle is operating; (Class I or M) E. The taxicab or for-hire vehicle owner shall maintain a business address and a mailing address where he can accept mail, and a business telephone in working order that can be answered during normal business hours, Monday through Friday, and during all hours of operation. (Class I) (Ord. 10498 § 22, 1992). Page 9 (King County) TAXIS - BUSINESSES AND DRIVERS 6.64 6.64.430 Standards for denial - Taxicab or for-hire vehicle owner. A. The director shall deny any taxicab or for-hire vehicle owner license application if he determines that the applicant, or if a corporation, any of the officers or registered agent: 1. Has made any material misstatement in the application for a license; 2. Fails to meet any of the applicant or vehicle requirements of a taxicab or for- hire vehicle owner licensee; 3. Has had a bail forfeiture or conviction for crimes pertaining to alcohol or controlled substances within five years of the date of application where such crime involved the use of a taxicab. B. The director may deny any taxicab or for-hire vehicle owner license application if he determines that the applicant: 1. Has had a bail forfeiture or conviction involving crimes reasonably related to the applicant's ability to operate a taxicab or for-hire business, including but not limited to prostitution, gambling, fraud, larceny, extortion, income tax evasion, provided that such bail forfeiture or conviction was within five years of the date of application; 2. Has been found to have exhibited past conduct in driving or operating a taxicab or for-hire vehicle or operating a taxicab or for-hire business which would lead the director to reasonably conclude that the applicant will not comply with the provisions of the chapter related to vehicle requirements and the safe operation of the vehicle; 3. Engaged in the business of operating any taxicab or for-hire vehicle for which a license is required while unlicensed or while such license was suspended or revoked. (Ord. 10498 § 23, 1992). 6.64.440 Standards for suspension/revocation Taxicab or for-hire vehicle owner. A. A taxicab or for-hire vehicle owner's license shall be immediately suspended if: 1. At any time the insurance as required in K.C.C. 6.64.350 expires, lapses, is cancelled or revoked; 2. The taximeter security seal is missing, broken, or tampered with; 3. The director places the vehicle out-of-service for a violation of a vehicle standard which is found to be an immediate safety hazard as further defined in this chapter; 4. The vehicle owner fails to comply with a written Notice of Violation or Notice of Correction within the prescribed time; 5. It is discovered after license issuance that the applicant, or if a corporation, any of the officers or registered agent, failed to meet the applicant qualifications, or that the vehicle failed to meet the vehicle qualifications, at the time the license was issued. B. The director may suspend or revoke a taxicab or for-hire vehicle owner's license if he determines that the licensee has: 1. Received a conviction or bail forfeiture for a crime which would be grounds for denial as set forth in K.C.C. 6.64.430; 2. Been found to have exhibited a record which would lead the director to reasonably conclude that the taxicab or for-hire vehicle owner licensee would not comply with the provisions of the chapter related to vehicle standards or operating requirements; 3. Allowed the operation of a taxicab or for-hire vehicle that does not meet the safety standards and the vehicle standards as set forth in this chapter; 4. Submitted a safety inspection form that was not completed by an approved mechanic facility as defined in this chapter; 5. Provided false information in connection with the annual industry reporting required in this chapter. (Ord. 10498 § 24, 1992). 6.64.450 Destruction, replacement, retirement of a taxicab. A. The taxicab vehicle owner shall notify the director within five working days whenever a taxicab is destroyed, rendered permanently inoperable, or is sold. Page 10 (King County) TAXIS - BUSINESSES AND DRIVERS 6.64 B. A replacement vehicle must be placed in service within sixty days of the date the original vehicle is removed from service unless prior written permission has been obtained from the director. It is the intent of this section that the director in granting such permission gives due consideration to the operating situation of the permit holder on a case-by-case basis. The following guidelines are to be used in granting permission for a permit holder to take longer than sixty days in placing a replacement vehicle in service: 1. The licensee must submit a written request for an extension of time, stating the specific reason additional time is required and identifying a plan and timetable for placing the replacement vehicle in service. Written documents sufficient to substantiate the factual information contained in the request should also be submitted; 2. The plan and timetable submitted must reflect a reasonable approach for placing the vehicle in service within the shortest possible time frame; 3. An additional period of time not to exceed sixty calendar days may be granted to a permit holder in case of severe personal illness or other similar hardship; 4. An additional period of time not to exceed thirty calendar days may be granted to a licensee in case of extensive vehicle repairs or other similar reason; 5. No extensions will be granted to any permit holder who is unable to meet the basic operational costs, including liability insurance, regulatory fees, and normal maintenance and repairs of operating a taxicab vehicle; 6. No more than one extension in time will be granted for each vehicle permit during its license year (September 1 through August 31). C. When a permit holder permanently retires any taxicab vehicle from service and does not replace it within 60 days, the permit for each retired vehicle shall be considered abandoned and null and void. The permit holder shall immediately surrender each related taxicab plate to the director. Such abandoned permits may not be restored or transferred by any means. (Ord. 10498 § 25, 1992). 6.64.460 Surrender of vehicle license. When a vehicle has been placed out-of- service, or a taxicab or for-hire vehicle license has been suspended or revoked, the operation of the taxicab or for-hire vehicle must cease, and the vehicle license plate or decal and taxicab or for-hire vehicle license surrendered immediately to the director. (Class M) (Ord. 10498 § 26, 1992). IV. FOR-HIRE DRIVER REQUIREMENTS AND STANDARDS 6.64.500 For-hire driver's license required. It is unlawful for any person to drive, be in control of, or operate a taxicab in the unincorporated areas of King County without first having obtained a valid for-hire driver's license. (Class M) (Ord. 10498 § 27, 1992). 6.64.510 Application. The applicant shall file an application on a form furnished by the director, which shall be signed and sworn to by the applicant and shall include: Name, height, weight, color of hair and eyes, residence address, place and date of birth, social security number, Washington State driver's license number, aliases, criminal history information, whether or not the applicant has ever had a license suspended, revoked, or denied and for what cause, and such other information as may be reasonably required. (Ord. 10498 § 28, 1992). 6.64.520 Investigation. All applicants for a for-hire driver's license shall be referred to the King County department of public safety for fingerprinting, and all applications shall be referred for a criminal background check. Information relating to the applicants' criminal history, including nonconviction data, shall be forwarded to the business license section for review. (Ord. 10680 § 1, 1992: Ord. 10498 § 29, 1992). Page 11 (King County) TAXIS - BUSINESSES AND DRIVERS 6.64 6.64.530 Qualifications. No person shall be issued a for-hire driver's license unless he possesses the minimum following qualifications as further defined in this chapter; A. Must be twenty-one years of age or older; B. Must possess a valid State of Washington driver's license; C. Must submit a physician's certification certifying his fitness as a for-hire driver upon initial application and every three years thereafter; D. Must submit a letter from the taxicab vehicle owner which has been approved by the service organization, if applicable, which indicates which taxicab(s) the applicant is authorized to operate; E. Must have completed a training program offered or approved by the director; F. Must successfully complete a written exam as further defined in this chapter; G. Must present documentation, as required by the United States Department of Justice Immigration and Naturalization Service, that the applicant is authorized to work in the United States. (Ord. 10498 § 30, 1992). 6.64.540 Temporary permit. A. Upon application for a for-hire driver's license and successful completion of the written examination, the director may, at his discretion, issue a temporary permit which shall entitle the applicant to operate a taxicab or for-hire vehicle pending final action upon his application for a period not to exceed 60 days from the date of the application. B. The temporary permit shall not be transferable or assignable and shall be valid only for the taxicab(s) or for-hire vehicle(s) to which it was originally issued. C. The temporary permit shall be immediately null and void should at any time the applicant's Washington State driver's license become expired, suspended or revoked, or following the denial of an application. The permit shall remain null and void pending the resolution of any appeal as provided. D. In cases where the applicant fails to complete the license issuance process, a temporary license will not be issued, unless the incomplete license application was filed at least two years preceding the application under consideration. (Ord. 10498 § 31, 1992). 6.64.550 Application null and void. All applications for for-hire driver's licenses shall become null and void after sixty days from the date of filing if the applicant, for any reason, fails or neglects to complete the application process or obtain a license. (Ord. 10498 § 32, 1992). 6.64.560 Medical certification. A. The medical certification examination required under K.C.C. 6.64.530 shall be performed by a licensed physician who shall certify the applicant's fitness as a for-hire driver. B. The scope of the examination and the certificate form shall be prescribed by the director. C. The examination shall be required upon initial application, and every three years thereafter; provided, however, the director may at any time at his discretion require any for-hire licensee or applicant to be re-examined if it appears that the licensee has become physically or mentally incapacitated to a degree so as to render the applicant or licensee unfit for a for-hire driver. (Ord. 10498 § 33, 1992). 6.64.570 Training program. A. All for-hire driver applicants are required to complete a training program providing information about the history and geography of the Puget Sound area, incentives for defensive driving and personal safety, and enhancement of driver/passenger relations, appearance and communication skills. B. Such training shall be required upon initial application and every two years thereafter. Page 12 (King County) TAXIS - BUSINESSES AND DRIVERS 6.64 C. The director shall assure that this training is offered by the county and/or offered by another public or private entity. If training offered by a non-county entity, certification for purposes of obtaining or renewing a license pursuant to this chapter is contingent upon the director's approval that contents and training staff capability are equivalent to what would be provided through the county. (Ord. 10498 § 34, 1992). 6.64.580 Written examination. A. An applicant for an initial for-hire license shall be required to complete a written examination. B. The examination will test the applicant's knowledge of the chapter requirements dealing with fare determination, driver-passenger relations, conduct including the applicant's ability to understand oral and written directions in the English language, vehicle safety requirements and driver regulations, and a satisfactory geographical knowledge of King County and surrounding areas. The content of the examination will be prescribed by the director. C. The temporary license issued pursuant to K.C.C. 6.64.540 will not be issued until successful completion of the written examination. D. The written examination is not required for the renewal of a for-hire driver's license unless the applicant's license has remained expired for more than one year. (Ord. 10498 § 35, 1992). 6.64.590 Driving record. Each applicant for a for-hire driver's license shall authorize the director to obtain a current copy of his driving record from the Washington State Department of Licensing. (Ord. 10498 § 36, 1992). 6.64.600 Standards for denial of a license - for-hire driver. A. For a person holding a for-hire license on the effective date of this ordinance: 1. The director shall deny any for-hire driver license application if the director determines that the applicant: a. has made any material misstatement in the application for a license; b. fails to meet any of the qualifications of a for-hire driver; c. has had a bail forfeiture or conviction for a crime pertaining to alcohol or a controlled substance within five years of the date of application; or d. is required to register as a sex offender under RCW 9A.44.130. 2. The director may deny any for-hire driver license application if the director determines that the applicant: a. has had a bail forfeiture or conviction involving a crime pertaining to prostitution, gambling, physical violence or other crimes reasonably related to the applicant's honesty and integrity, including but not limited to fraud, larceny, burglary or extortion or reasonably related to the person's ability to operate a taxicab, if the bail forfeiture or conviction was within five years of the date of application; b. has been found to have exhibited past conduct in driving or operating a taxicab that would lead the director to reasonably conclude that the applicant will not comply with the provisions of the chapter related to driver and operator conduct and the safe operation of the vehicle; or c. has been found to have exhibited a past driving record that would lead the director to reasonably conclude that the applicant would not operate the taxicab or for-hire vehicle in a safe manner. B. For a person applying for a for-hire license on or after the effective date of this ordinance: 1. The director shall deny any for-hire driver license application if the director determines that the applicant: a. has made any material misstatement in the application for a license; b. fails to meet any of the qualifications for a for-hire driver; Page 13 (King County) TAXIS - BUSINESSES AND DRIVERS 6.64 c. has had, within five years of the date of application, a bail forfeiture or conviction for a crime pertaining to alcohol or a controlled substance; d. is required to register as a sex offender under RCW 9A.44.130; or e. has had, within five years of the date of application, a bail forfeiture or conviction involving vehicular assault or vehicular homicide; or f. has had, within five years of the date of application, a bail forfeiture or conviction involving reckless driving. 2. The director may consider and deny any for-hire driver license application if the director determines that the applicant: a. has had, within five years of the date of application, a bail forfeiture or conviction involving a crime pertaining to: (1) prostitution; (2) gambling; (3) physical violence; (4) use of a machine gun in a felony (RCW 9.41.225); (5) felonies not defined by Title 9A. RCW, if the maximum sentence of imprisonment authorized by law upon the first conviction of such felony is twenty years or more (RCW 9.94A.035); (6) criminal attempt when the crime attempted is murder in the first, murder in the second, or arson in the first (RCW 9A.28.020); (7) criminal conspiracy when the object of the conspiratorial agreement is murder in the first (RCW 9A.28.040); (8) murder in the first (RCW 9A.32.030); (9) murder in the second (RCW 9A.32.050); (10) homicide by abuse (RCW 9A.32.055); (11) manslaughter in the first (RCW 9A.32.060); (12) assault in the first (RCW 9A.36.011); (13) assault of a child in the first (RCW 9A.36.120); (14) kidnapping in the first (RCW 9A. 40.020); (15) rape in the first (RCW 9A.44.040); (16) rape in the second (RCW 9A.44.050); (17) rape of a child in the first (RCW 9A.44.073); (18) rape of a child in the second (RCW 9A.44.076); (19) child molestation in the first (RCW 9A.44.083); (20) arson in the first (RCW 9A.48.020); (21) burglary in the first (RCW 9A.52.020); (22) robbery in the first (RCW 9A.56.200); (23) rendering criminal assistance in the first if to a person who has committed or is being sought.for murder in the first or any class A felony or equivalent juvenile offense (RCW 9A.76.070); (24) bail jumping if the person was held for, charged with, or convicted of murder in the first (RCW 9A.76.170); (25) leading organized crime as defined by RCW 9A.82.060 (1) (a); (26) malicious placement of an explosive in the first (RCW 70.74.270); (27) malicious explosion of a substance in the first (RCW 70.74.280); (28) malicious explosion of a substance in the second (RCW 70.74.280); (29) homicide by watercraft (RCW 79A.60.050); or (30) any crime directly related to the occupation of for-hire driver including: (a) crimes concerning honesty and integrity, including but not limited to fraud, larceny, burglary and extortion; or (b) ability to operate a taxicab; b. has been found to have exhibited past conduct in driving or operating a taxi that would lead the director to reasonably conclude that the applicant will not comply with Page 14 (King County) TAXIS - BUSINESSES AND DRIVERS 6.64 the provisions of the chapter related to driver and operator conduct and the safe operation of the vehicle; or c. has been found to have exhibited a past driving record that would lead the director to reasonably conclude that the applicant would not operate the taxicab or for-hire vehicle in a safe manner. (Ord. 13984 § 1, 2000: Ord. 10498 § 37, 1992) 6.64.610 Standards for suspension/revocation. For-hire driver. A. A for-hire driver's license shall be.immediately suspended/null and void if: 1. At any time his Washington State driver's license expires, is suspended or revoked; 2. It is discovered after license issuance that he fails to meet the qualifications of a for-hire driver; 3. He is found to be in possession of controlled substances or alcohol while in control of or while operating any taxicab or for-hire vehicle; B. The director may suspend or revoke a for-hire driver's license if he determines that the licensee has: 1. Received a conviction or bail forfeiture for a crime which would be grounds for denial as set forth in K.C.C. 6.64.600; 2. Failed to comply with the driver standards as set forth in this chapter; 3. Been found to have exhibited a driving record which leads the director to reasonably conclude that the applicant would not operate a taxicab or for-hire vehicle in a safe manner. (Ord. 10498 § 38, 1992). 6.64.620 License issuance. The director may obtain such other information concerning the applicant's character, integrity, personal habits, past conduct and general qualifications as will show the applicant's ability and skill as a driver of a motor vehicle for hire and his honesty, integrity and character for the purposes of determining whether the applicant is a suitable person to drive a motor vehicle for hire. If the director is satisfied that the applicant for a for-hire driver's license possesses the qualifications and is a suitable person to drive a motor vehicle for hire under the provisions of this chapter, he shall issue him a for-hire driver's license. (Ord. 10498 § 39, 1992). 6.64.630 License expiration. For-hire driver. All for-hire driver's licenses shall expire one year from the date of application. (Ord. 10498 § 40, 1992). 6.64.640 For-hire driver operating standards. No driver shall operate a taxicab or for- hire vehicle in violation of any of the for-hire driver standards as set forth in this chapter. (Ord. 10498 § 41, 1992). 6.64.650 Vehicle safety standards. A. A driver, before starting each shift, shall check the lights, brakes, tires, steering, seat belts, taximeter seal, and other vehicle equipment to see that they are working properly. The driver shall also ensure that the state for-hire certificate, the county and/or city taxicab or for-hire vehicle license, vehicle registration and proof of insurance card are in the vehicle. (Class I) B. A driver shall maintain the interior and the exterior of the taxicab or the for-hire vehicle in a clean condition and good repair. (Class I) C. A driver shall not transport more passengers than the number of seat belts available nor more luggage than the taxicab capacity will safely and legally allow. (Class I) D. A driver shall not drive, be in control of or operate a taxicab or for-hire vehicle that does not meet the vehicle standards as set forth in this chapter. (Class I) E. A driver shall allow the director to inspect the taxicab or for-hire vehicle at any reasonable time or place. (Class M) (Ord. 10498 §§ 42-46, 1992). Page 15 (King County) TAXIS - BUSINESSES AND DRIVERS 6.64 6.64.660 Conduct standards. A. A driver shall not drink any alcoholic beverage while on duty or eight hours prior to going on duty nor have in his possession an open or unsealed container of any alcoholic beverage. (Class M) B. A driver shall, at the end of each trip, check his vehicle for any article that is left behind by his passenger(s). Such articles are to be reported as found property on the TAXI Hotline, as well as to the service organization, and such property is to be returned to the service organization/affiliated representative at the end of the shift or sooner if possible. Unaffiliated taxicabs or for-hire vehicles shall deposit said items at the King County business license section. (Class M) C. A driver shall have in his possession a valid for-hire driver's license at any time he is driving, in control of or operating a taxicab or for-hire vehicle and such license shall be displayed as prescribed by the director. (Class I) D. A driver shall comply with any written Notice of Violation or Notice of Correction by the director including removal from service. (Class M) E. A driver shall not operate a taxicab or for-hire vehicle when such taxicab or for- hire vehicle has been placed out-of-service by order of the director. (Class M) F. A driver shall immediately surrender the vehicle license plate or decal to the director upon written notice that such vehicle is out-of-service. (Class M) G. A driver shall not be in control of a taxicab or for-hire vehicle for more than twelve (12) consecutive hours nor for more than twelve (12) hours spread over a total of fifteen (15) hours in any 24-hour period. Thereafter, such driver shall not drive any taxicab until eight (8) consecutive hours have elapsed. (Class I) H. A driver shall not drive, operate, or be in control of a taxicab or for-hire vehicle other than that designated on his temporary for-hire permit. (Class I) I. A driver shall not drive, be in control of or operate a taxicab or for-hire vehicle where the customer information board, as required under the vehicle standards section of this chapter, is not present and contains the required information. (Class I) J. A driver shall operate the taxicab or for-hire vehicle with due regard for the safety, comfort and convenience of passengers. (Class I) K. A driver shall not solicit for prostitution nor allow the vehicle to be used for such unlawful purpose. (Class M) L. A driver shall not knowingly allow the taxicab or for-hire vehicle to be used for the illegal solicitation, transportation, or sale, or any other activity related to controlled substances. (Class M) M. A driver shall deposit all refuse appropriately and under no circumstances, litter. (Class I) N. A driver shall not use offensive language, expressions, or gestures to any person while driving, operating, or in control of a taxicab or for-hire vehicle. (Class I) (Ord. 10498 §§ 47 - 60, 1992). 6.64.670 Taxicab meter/rates standards. A. A driver shall not operate a taxicab that has a taximeter which is not sealed, in good working order, or accurate. (Class M) B. A driver must activate the taximeter at the beginning of each trip and deactivate the taximeter upon completion of the trip. Beginning of a trip means the point where the passenger is seated and the forward motion of the vehicle begins. (Class I) C. A driver shall assure that the meter reading is visible from a normal passenger position at all times. (Class I) D. A driver shall not operate a taxicab or for-hire vehicle that does not have the rate posted as prescribed by the director. (Class I) E. A driver shall not ask, demand or collect any rate or fare other than as specified on the meter, required by ordinance, or pursuant to special rates or contract rates on file with the director. (Class M) Page 16 (King County) TAXIS - BUSINESSES AND DRIVERS 6.64 F. A driver shall complete tripsheets and shall show all trips in an accurate and legible manner as each trip occurs. (Class I) G. A driver shall complete all items on tripsheets including: 1. Driver's name and for-hire license number; 2. Company name and vehicle name and number; 3. Vehicle for-hire license number; 4. Beginning and ending odometer reading; 5. Beginning and ending time of each shift worked; 6. Date, time, place or origin, and dismissal of each trip; 7. Fare collected; 8. Number of passengers; 9. "No shows"; 10 Contract rates or special rates. (Class I) H. A driver shall allow the director to inspect the daily trip sheet at any time while driving, in control of or operating a taxicab. (Ord. 10498 §§ 61 - 68, 1992). 6.64.680 Driver-passenger relations standards. A. A driver shall wear suitable clothes that are neat and clean, and the driver shall be well groomed at all times while on duty. The term "well groomed" shall refer to that state of personal hygiene, body cleanliness and absence of offensive body odor normally associated with bathing or showering on a regular basis, and shall mean that hair is neatly trimmed, beards and mustaches groomed and neatly trimmed at all times in order not to present a ragged appearance, and scalp and facial hair combed and brushed. The term "neat and clean" as it relates to clothes shall mean that all clothing is clean, free from soil, grease and dirt and without unrepaired rips or tears. The term "suitable clothes" shall mean full length pants, collared shirt, and shoes. It shall not be permissible for any driver to wear as an outer garment any of the following: undershirt or underwear, tank tops, body shirts (see-through mesh), swimwear, jogging or warm-up suits or sweatshirts or similar attire, shorts or trunks (jogging or bathing), sandals, or any similar clothing. (Class ~) B. A driver shall provide his customer with professional and courteous service at all times. (Class I) C. A driver shall not refuse a request for service because of the driver's position in line at a taxicab zone; a passenger may select any taxicab in line. (Class M) D. A driver shall at all times assist a passenger by placing luggage or packages (under fifty (50) pounds) in and out of the taxicab or for-hire vehicle. (Class I) E. A driver shall not refuse to transport in the taxicab or for-hire vehicle any passenger's wheelchair which can be folded and placed in either the passenger, driver, or trunk compartment of the taxicab or for-hire vehicle, an assist dog or guide dog to assist the disabled or handicapped, groceries, packages or luggage when accompanied by a passenger. (Class M) F. A driver shall provide each passenger a receipt upon payment of the fare. The receipt shall accurately show the date and time, the amount of the fare, the taxicab name and number, and the printed name and for-hire driver license number of the for-hire driver. (Class I) G. A driver shall use the most direct available route on all trips unless the passenger specifically requests to change the route. (Class M) H. A driver shall not permit a non-fare paying passenger, or pets, to ride in the taxicab or for-hire vehicle. Validly licensed trainees, when approved by the passenger, are exempt from this requirement. (Class I) I. A driver shall not refuse to transport any person except when: 1. The driver has already been dispatched on another call; Page 17 (King County) TAXIS - BUSINESSES AND DRIVERS 6.64 2. The passenger is acting in a disorderly or threatening manner, or otherwise causes the driver to reasonably believe that his health or safety, or that of others, may be endangered; 3. The passenger cannot, upon request, show ability to pay fare. (Class M) J. A driver shall not smoke while the taxicab or for-hire vehicle is occupied without the consent of all passengers. (Class I) K. A driver shall be able to provide a reasonable and prudent amount of change, and if correct change is not available, no additional charge will be made to the passenger in attempting to secure the change. (Class I) (Ord. 10498 §§ 69-79, 1992). 6.64.690 Soliciting and cruising standards. A. A driver shall not cruise at Sea-Tac airport. (Class M) B. A driver shall not drive, be in control of, or operate a taxicab or for-hire vehicle on the passenger or check-in drives at Sea-Tac airport without having on display a Port of Seattle authorized permit, when available for-hire. (Class I) C. A driver shall not solicit on the Sea-Tac terminal drives or inside the airport terminal building. (Class I) D. A driver may solicit passengers only from the driver's seat or standing immediately adjacent to the taxicab or for-hire vehicle, and only when the vehicle is safely and legally parked. (Class I) E. A driver shall not use any other person to solicit passengers. (Class I) F. A driver shall not hold himself out for designated destinations, provided that nothing shall prevent use of long-haul and short-haul lines at the airport. (Class I) (Ord. 10498 §§ 80 - 85, 1992). 6.64.695 Taxi zone standards. A. A driver while in a taxicab zone shall not leave the taxicab unattended for more than fifteen (15) minutes. Such vehicles are subject to impound by order of the director. (Class I) B. A driver shall occupy a taxicab zone only when available for hire. (Class I) C. A driver shall not perform engine maintenance or repairs on the taxicab while in a taxicab zone. (Class I) (Ord. 10498 §§ 86-88, 1992). V. ENTRY STANDARDS AND RATES 6.64.700 Taxicab. Maximum number. A. The King County council finds that the safety, reliability and economic viability of privately operated taxi transportation is a matter of county concern and regulation of such transportation is an essential government function. The council further finds that the number of taxicab licenses in effect as of May 31, 1991 is sufficient to provide the public adequate taxicab service. B. The total number of taxicab licenses issued shall not exceed the number in effect as of May 31, 1991. C. The director may, at his discretion, issue taxicab licenses to special service vehicles used to provide transportation to disabled persons defined in K.C.C. 6.64.010. D. The executive shall formulate and forward to the council for its approval a methodology for apportioning taxicab licenses when the total number of taxicab licenses in effect is less than the maximum number allowed. The executive shall submit this information to the council no later than April 1, 1994. (Ord. 10498 § 89, 1990). 6.64.710 Transfer of permit. Transfer (sale) of a permit to any other person is authorized. Application for transfer of a permit to another person shall include the name of the transferee, and the trade name and color scheme under which the vehicle will be operated, the sales price and other information required by the director. The transferee Page 18 (King County) TAXIS - BUSINESSES AND DRIVERS 6.64 shall comply with all requirements of this chapter. Any transfer of a taxicab license shall be for the transfer of all licenses issued to said vehicle. If the transfer is for one vehicle license only, the remaining taxicab license shall be considered abandoned, nonrenewable or non-transferable. (Ord. 10498 § 90, 1992). 6.64.720 Industry reporting. A. Beginning January 1, 1993, the following information must be collected for each licensed taxicab: 1. Total number of trips. 2. Total paid miles. 3. Total miles driven. 4. Amount of fares collected and number of fare units. 5. Vehicle lease or rental income. 6. Costs, including: a. Equipment depreciation b. Equipment purchases c. Repair and maintenance costs d. Fuel and oil costs e. Other supplies f. Leases and service contract costs g. License fees and taxes h. Insurance i. Labor costs (driver salary paid or lessee income retained by lessee) j. Other relevant costs, This information must be provided annually to the director on or before January 30th of each calendar year to cover the period from January 1 to December 31 of the prior year. Failure of an owner to report as required shall result in the owner being required to purchase and install a taximeter conforming to the requirements of K.C.C. 6.64.400. Said taximeter shall be capable of issuing receipts to customers. B. Information stored on meters as required in K.C.C. 6.64.400 shall be collected at official county or city taxicab testing stations a minimum of two times per year. Other information required to be reported under this section shall be reported in a manner established by the director. C. The director may verify operating cost information reported by the industry as required in this section of this chapter through special audits performed on a random sample basis. Failure to submit information required for a special audit to document the costs reported pursuant to this section of this chapter within two weeks of the director's request shall result in the owner being required to purchase and install a taximeter conforming to the requirements of K.C.C. 6.64.400. Said taximeter shall be capable of issuing receipts to customers. D. Providing data verified to be false is grounds for the suspension or revocation of the license. (Ord. 10498 § 91, 1992). 6.64.730 Response times. The director shall establish a schedule of optimum average taxicab response times to requests for taxicab service at selected points within the county. The director shall periodically thereafter survey actual taxicab response times. A comparison of average actual response times to the optimum average taxicab response times shall be used as an indicator of taxicab industry performance and may be used as one criterion in evaluating and recommending rate and entry changes. The director shall publish a draft report of the optimum response times and shall provide a ten-day comment period on the schedule before finalizing the schedule. Comments received by the director shall be included in the annual report submitted to the council pursuant to K.C.C. 6.64.750. (Ord. 10498 § 92, 1992). Page 19 (King County) TAXIS - BUSINESSES AND DRIVERS 6.64 6.64.740 Annual report. A. On or before April 1st of each year, beginning April 1, 1993, the director shall file an annual report with the King County council based upon data, collected pursuant to K.C.C. 6.64.730 for the period between January 1 and December 31 of the preceding calendar year. B. These reports shall include but not be limited to the following: 1. Number of taxicabs licensed in Seattle/King County during the reporting period and during the preceding year. 2. Number of drivers licensed in Seattle/King County during the reporting period and during the preceding year. 3. Numbers and nature of complaints. 4. Results of a survey of taxicab response times, changes in response times from previous reporting periods, and relationship of the actual response times to the optimum average response time established by the director pursuant to K.C.C. 6.64.760. 5. Results of annual industry reporting including total net profit as reported. 6. Results of meter readings as required in K.C.C. 6.64.720. 7. Any other recommendations deemed appropriate by the director. (Ord. 10498 § 93, 1992). 6.64.750 Determination of fares and number of licenses. King County finds and declares that fair and reasonable rates for the taxi industry should be established in the public interest and measured in terms of the taxi industry's need for revenue and the need for adequate service provided to the public as reflected by taxi service response times and other factors affecting the public's safety and welfare. (Ord. 10498 § 94, 1992). 6.64.760 Rates. A. The rates for taxicabs licensed to operate in King County shall be established by the King County council. B. In reviewing rates the council may take into account, among other things, and with the objective of prescribing a just and reasonable rate, the following factors: 1. The recommendations of the director pursuant to K.C.C. 6.68.740, if any; 2. The public need for adequate taxi service at the lowest level of charges consistent with the provision, maintenance and continuation of such service; 3. The rates of other licensees operating in similar areas; 4. The effect of such rates upon transportation of passengers by other modes of transportation; 5. The licensee's need for revenue of a level which under honest, efficient and economical management is sufficient to cover the cost (including all operating expenses, depreciation accruals, rents, license fees and taxes of every kind) of providing adequate taxi service, plus an amount equal to such percentage of the cost as is reasonably necessary for the replacement of deteriorated taxicabs and a reasonable profit to the licensee. C. No taxicab shall have more than one rate on its meter. D. Except for special or contract rates as provided for in this chapter or any per trip fee established by the Port of Seattle and set forth in any operating agreement or tariff, it shall be unlawful for anyone operating a taxicab licensed by King County to charge, demand or receive any greater or lesser rate than the following: Meter rate 1. Drop charge: For passengers for first 1/9 mile $1.80 2. Per mile: For each 1/9 mile or fraction thereof after the first 1/9 mile .20 3. For every one minute of waiting time .50 4. Extra charge for passengers over two excluding children under 12 .50 E. Special rates and contract rates. Page 20 (King County) TAXIS - BUSINESSES AND DRIVERS 6.64 1. Special rates as defined in this chapter shall be calculated as a percentage of the meter rate. 2. All special rates must be filed with the director on forms furnished by the director. 3. All special rates and/or contract rates shall be filed once a year at the time of application by the affiliated representative of a service company or the vehicle licensee in the case of an independent owner. 4. Licensees may change the special rates filed no more than once a year. 5. Rates for new contracts acquired or changed during the license year shall be filed within two weeks of securing such contract and prior to implementing the contracted rate. F. Every for-hire vehicle licensee shall, before commencing operating, file all rates and charges with the director. All rates and charges shall be conspicuously displayed inside the for-hire vehicle so as to be readily discernible to the passenger. The manner of such posting will be prescribed by the director. G. The rates specified in this section shall not apply to transportation of persons provided pursuant to a written contract which establishes a fare at a different rate for specified transportation and has been previously filed with the director; provided, that no contract may include any provision the effect of which is to directly or indirectly require exclusive use of the transportation services of the contracting taxicab vehicle. H. It is unlawful to make any discriminatory charges to any person, or to make any rebate or in any manner reduce the charge to any person unless such is in conformity with the discounts/surcharges contained in the filed rates. I. It is unlawful under the Americans with Disabilities Act to charge a special service vehicle rate which is different from the taxicab rates adopted in subsection D, except in those instances where the transportation of disabled persons is pursuant to a written contract as specified in subsection G. (Ord. 10498 § 95, 1992). 6.64.770 Rate study. The director shall study the effects of rates and their impact on income of drivers, owners, and service companies, the effects of any rate increases on lease costs to drivers, study the varying markets and rate structures for service companies and independent operators, and study the scarcity or monopoly value of license. Such information shall be forwarded to the council by April 1, 1994. (Ord. 10498 § 96, 1992). VI. PENALTIES 6.64.800 Infraction. Violation of any provisions identified in this chapter as a (Class I) shall be designated as an infraction. Any person cited for an infraction shall be subject to the Justice Court Rules of Procedures. Any person found guilty of committing an infraction shall be assessed a monetary penalty not to exceed $1,000.00. A finding that an infraction has been committed shall not give rise to any other legal disability which is based upon conviction of a crime. (Ord. 10498 § 97, 1992). 6.64.810 Misdemeanors. Violation of any of the provisions identified in this chapter as a (Class M) shall be designated as a misdemeanor and upon conviction shall be punished by a fine of not more than $1,000, or by imprisonment in the county jail for not more than 90 days, or both. (Ord. 10498 § 98, 1992). 6.64.820 Civil penalty. In addition to or as an alternative to any other penalty provided herein or by law, any person who violates any provision of any business license ordinance shall be subject to a civil penalty in an amount not to exceed $1,000 per violation to be directly assessed by the director. The director, in a reasonable manner, may vary the amount of the penalty assessed to consider the appropriateness of the penalty to the size of the business of the violator; the gravity of the violation; the number of past and present Page 21 (King County) TAXIS - BUSINESSES AND DRIVERS 6.64 violations committed and the good faith of the violator in attempting to achieve compliance after notification of the violation. All civil penalties assessed will be enforced and collected in accordance with the procedure specified under this title. (Ord. 10498 § 99, 1992). VII MISCELLANEOUS 6.64.900 Consumer complaint hotline. The director may establish, in conjunction with the City of Seattle and the Port of Seattle, a shared consumer complaint telephone number and complaint process. (Ord. 10498 § 100, 1992). 6.64.9'10 Passenger complaint process. A. Upon receiving a written complaint involving the conduct of the for-hire driver, the route of transportation, the rate charged for the transportation, passenger injury or property damage not arising from a vehicle accident, the director shall cause the following to be performed: 1. Issue a Notice of Complaint to the for-hire driver and vehicle owner, and company, if applicable, advising such person of the allegation(s) made in the complaint; 2. Require the for-hire driver, vehicle owner, and company if applicable, to respond, in writing, to the allegation(s) in the Notice of Complaint within ten days of receipt of the Notice of Complaint; 3. Investigate the allegation(s) in the written complaint and the response submitted by the for-hire driver, vehicle owner, and company, if applicable; 4. Make a finding as to the validity of the allegation(s) in the written complaint. If it is found to be a valid complaint the director shall issue a Notice and Order pursuant to the process described in K.C.C. 6.01.130. B. Failure to respond, in writing, to a Notice of Complaint within ten days shall constitute a waiver of the for-hire driver's, vehicle owner's, and company's, if applicable, right to contest the allegation(s) in the written complaint and shall be prima facie evidence that the allegation(s) are valid. C. Failure to comply with any Notice and Order issued as a result of the above process will result in the revocation of the license(s) involved. Such revocation will last one year from the date the license(s) is surrendered. (Ord. 10498 § 101, 1992). 6.64.920 Renewal of license, registration or permit - late penalty. A late penalty shall be charged on all applications for renewal of a license, registration or permit received later than ten working days after the expiration date of such license, registration or permit as set forth in the respective resolution or ordinance establishing the expiration date of such license, registration or permit. The amount of such penalty is fixed as follows: For a license, registration or permit requiring a fee of fifty cents or more, but less than fifty dollars, twenty percent of the required fee; For a license, registration or permit requiring a fee of fifty dollars or more, but less than one thousand dollars, ten percent of the required fee; For a license, registration or permit requiring a fee of one thousand dollars or more, five percent of the required fee. (Ord. 10498 § 102, 1992). 6.64.990 Severability. Should any section, subsection paragraph, sentence, clause or phrase of this chapter be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portion of this chapter. (Ord. 10498 § 103, 1992). Page 22 (King County)