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Ordinance No. 65-28 CITY OF TIGARD, OREGON ORDINANCE No.65- 28 AN ORDINANCE PROVIDING FOR THE OPERATION, CONTROL AND LICENSING OF TAXICABS IN.THE CITY OF TIGARD.. THE CITY OF TIGARD ORDAINS AS FOLLOWS: " Section 1: Definition of Terms. (a) Person. The term "person" wherever used in this ordi- nance shall beTield and construed to mean and include natural persons of either sex, firms, copartnerships, associations and corjorations whether acting by themselves or by servant, agent or employe, and the singular shall include the plural and the masculine pronoun shall include the feminine. (b) Taxicab. The term "taxicub" wherever used in this ordi- nance shall Vi-Xe-17—and construed to mean and include very motor vehicle having a seating capacity of five passengers or less as per manufacturer's ratings used for the transportation of passengers for hire and not operating exclusively over a fixed and definite route. (c) Motor vehicle. The term "motor vehicle" when used in this ordinance shall e eId and construed to mean and include every self-propelled vehicle by or upon which any person or persons may be transported or carried upon any public highway, street or alley, exc- cepting vehicles used exclusively upon stationary rails or tracks. Section 2: It shall be unlawful for any person to engage in the business of operating a taxicab within the City of Tigard without first securing a license therefor under the provisions of this ordinance. Section 3: Any license issued under this ordinance may be cancelled by the Council for any violation of the terms thereof or violation of the traffic ordinances of the city or the state laws governing traffic or the violation of any other state laws,"and this provision shall apply equally to the drivers of taxicabs or to the companies operating the same. When any license shall be cancelled by the council, there shall be refunded to the licensee the unearned portion of the license fee paid. Section 4: (a) There is hereby authorized to be issued by the City Recorder in the manner hereinafter specified, one license for the operation of a taxicab business for each 2500 persons or fraction thereof as shown by the latest official census of the City of Tigard. (b) The owner and holder of a license for operation'of a taxicab business-shall have preference for the renewal thereof ORDINANCE No. 65 28 from year to year provided that the license is in good standing at the date of application for the renewal. Section 5: Any person holding a license to operate taxicabs within the City of Tigard shall file with the City Recorder the following which shall be maintained on current status as a pro- vision of franchise: (a) The license number of vehicles so used, along with the serial number and/or motor number, make and model of said vehicle. (b) The names, ages and chauffeur's license number of each operator or driver. (c) Certificate of insurance showing liability coverage in an amount not less than $20,000. for one person, $40,000. for one . accident and $2n,nn0. for property damage, together with proof that current premiums are paid and that the policy is in full force and effect. Section 6.: Upon receipt of the application herein provided for, the Recorder shall determine the number of outstanding licenses and, if the license or licenses applied for shall be per- missible under the terms of this ordinance,she shall proceed to have each vehicle described in the application examined by the Chief of Police or such other person as the City Administrator shall designate to determine its adequacy and suitability for use as a taxicab in the City of Tigard. If same is found to be in suitable and safe condi- tion for use as a.taxicab and the applicant is a citizen and resident of the State of Oregon and the insurance is in good standing, she may proceed to issue the license to the applicant direct. In the event of doubt in the mind of the Recorder or in the event that more than one application shall be ailed for the same license, the application shall be submitted to the 'City Council for their action together with the findings of the Chief of Police, or such other person as the City Administrator may have designated, as to the condition of the vehicle. The decision of the Council upon the application and the acceptance of any one applicant shall be binding and final. Section 7: Upon the granting of the license there shall be typed or printed thereon the number of the license, the period for which the license fee is paid, the name of the licensee, and the make of the vehicle for which the license was issued, and which license shall be on display in the vehicle at all times. Section 8: The following schedule of rates shall be charged and collected for the transportation of passengers or mer- chandise within the City of Tigard and three miles beyond the City limits and no different rates shall at any time be charged or col- lected for taxicab service, either directly or indirectly. (a) Fifty cents (.50) minimum, which includes the first one-half mile, thereafter ten cents (.10) per each additional quarter-mile within the corporate limits of the City. Fares originating or terminating outside the corporate limits of the City shall be computed the rate of forty cents (.40) per mile. Waiting ti:: Page 2 ORDINANCE No.65 2g i, shall be co ted at the rate of Four and no/100 ($4.00) Dollars per hour. All rates shall be determined by use of a distance measuring meter device. (b) Any person traveling in a taxicab shall be entitled to carry without extra charge the usual hand luggage and packages that are customarily carried with and by an individual in traveling or marketing. Extra bag- gage may be charged for at the rates not exceeding 5U cents per hundred pounds. (c) When more than one person travels in a taxicab, the operator may charge 25 per cent of the rates herein fixed for each additional person. (d) All fares shall be computed by the most direct route between the point of origin and destination. Section 9: The license fee for the privileges herein provided is hereby fixed at Twenty-five ($25.00) Dollars per year for each vehicle, and shall be paid on orbeforethe 1st day of July of each year for which the license will be in effect; provided that with respect to any vehicle placed in service after expiration of one-half or more of the license year, the charge shall be Twelve ' and 50/100 ($12.50) Dollars per vehicle. Section 10: The holder of each license shall employ competent drivers over 21 years of age who shall be holders of a chauffeur's license under the laws of the State of Oregon; provided, however, that nc woman shall be permitted to drive a taxicab within the City of Tigard between the hours of 10:00 p.m. and 6:00 a.m. of any day. Said operators shall conduct themselves toward their pas - tengers in a courteous manner, shall not dtive or operate their cab n a reckless manner, and shall at all times keep their cab clean a nd suitable for the occupancy thereof by the traveling public. Any violation of this section by the driver may be grounds for the re- voking of the license. The holder of the license shall keep a record at all times of the driver on duty And operating his dab at any hour, which record shall be open to inspection by the City auth- orities in order that it may be determined who was operating a taxi- cab at any particular time or occasion. Any operator driving a cab while under the influence of intoxicating liquor shall be cause for the taxicab license being immediately revoked for a period of one year. Section ll: It shall be unlawful for any person to fail or refuse to pay the rates herein fixed and provided for after having hired the same. Section 12: Whenever a violation of the terms of this ordinance shall be reported to the Chief of Police or other City official,- an investigation shall at once be made as to the truth of the allegation. If the violation appears probable, a prompt report shall be made to the City Recorder who shall notify the holder of said license of the alleged violation and said operator shall be summoned to appear at a time and place to be designated in said not- ice for a hearing by the City Council with respect to said violation, Page 3 ORDINANCE No. 65- 28 _ 3 and the decision of the City Council with respect to said violation and revocation of the right of the operator to continue shall be final. In the event the Council shall determine tiutt the license of the licensee shall be revoked, a prorsta portion of the license fee shall be refunded. Section 13: Any license issued hereunder shall be non-assignable except that if the proposed assignee shall make simiar alication to the City Recorder and shall meet all terms and condi - tions hereof, upon approval of the proposed assignment by the City Council a transfer of all rights and privileges may be authorized. Section 14: Inasmuch as it is necessary for the peace, health and safety of the City of Tigard that this ordinance become effective with the least possible delay, an emergency is hereby de- clared, and this ordinance shall become effective upon its passage by the City Council and approval by the Mayor. PASSED: By the Council, by unanimous vote of all Council members present, after being read three times by title only this qday of September, 1965. Rec6rder - city at gar APIROVED By the Mayor, this2 h day of September, 1965. yoz - City of Tig5ff � t, Ic Page 4 ORDIWCE No. 65 ?gam f