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Ordinance No. 81-39 f ` CITY OF TIGARD, OREGON ORDINANCE NO. 81- 301 AN ORDINANCE AMENDING CHAPTER 5.08 OF THE TIGARD MUNICIPAL CODE RELATING TO TAXICABS, DISCONTINUING THE CITY'S CONTROL OF THE NUMBER OF TAXICABS AND TAXICAB BUSINESSES FOR WHICH PERMITS MAY BE ISSUED BY THE CITY. The City of Tigard does ordain as follows: Section 1. Chapter 5.08 Taxicabs of the Tigard Municipal Code is amended to read as follows: TAXICABS Sections: 5.08.010 Definitions. 5.08.020 Permit--Required. 5.08.030 Permit--Cancellation--Notice--Hearing required. 5.08.040 Permit--Application--Insurance--Fees. 5.08.050 Permit--Application--Vehicle inspection. 5.08.060 Permit--Contents. 5.08.070 Rate schedule--Designated. 5.08.080 Rate schedule--Effective date. 5.08.090 Refusal to pay rates unlawful. 5.08.100 Driver identification card. 5.08.110 Rate schedule--Posting requirements. 5.08.120 Permit--Transfer. 5.08.130 Penalties. 5.08.010 Definitions. 1 Person wherever used in this chapter means and includes natural persons of either sex, firms, copartnerships, associations and corporations whether acting by themselves or by servant, agent or employee, and the singular includes the plural and the masculine pronoun includes the feminine. (2) "Taxicab" wherever used in this chapter means and includes every 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. (3) "Motor vehicle" when used in this chapter means and includes every self-propelled vehicle by or upon which any person or persons may be transported or carried upon any public highway, street or alley, excepting vehicles used exclusively upon stationary rails or tracks. 5.08.020 Permit--Required. I-is unlawful for any person to engage in a taxicab business within the City without first securing a permit for the conduct of a taxicab business under the provisions of this chapter. The fee for con- ducting a taxicab business shall be $150 per year (prorated on a quarterly basis) , and shall include the business license fee, and it shall be paid on or before July 1 each year. s Page 1 - Ordinance No. 81-40 5.08.030 Permit--Cancellation--Notice--Hearing required. Any permit and the accompanying business license issued for the conduct of a taxicab business under the terms of this chapter may be cancelled by the City Council after notice to the permittee and affording permittee a hearing before the City Council if requested in writing, for any of the following causes: (1) Willful violation of the terms and conditions of this chapter. (2) Knowingly authorizing or permitting any person to operate a taxicab in the City in violation of regulatory or statutory requirements pertinent to the registration or licensing of vehicles or operators. (3) Knowingly employing a person of ill repute or disrepute, or of known criminal propensities, or who is under suspension of his driver's credentials by the State of Oregon for any reason. 5.08.040 Permit--Application--Insurance--Fees. Any person desi ing to obtain a permit to operate taxicabs within the City of Tigard shall file with the recorder an application setting forth the following information: (1) The name and address of the applicant. (2) The nationality and citizenship of the applicant. (3) The make, serial number, motor number, latest Oregon license number, and the PUC number, if any, on each taxicab operated by the applicant. (4) The amount and name of the company in which his public liability and property damage insurance is carried, together with proof that the current premiums are fully paid. Liability insurance limits for each taxi- cab and driver and for the permittee shall be not less than $100,000 for injuries to one person, ;300,000 for all injuries in one accident, and $25,000 for property damage. 5.08.050 Permit--Application--Vehicle ins2ection. If the City Administratorrs a 1 disapprove the application for any reason within the purview of this chapter the City Administrator shall place the application on the agenda for consideration by the City Council. (2) The City, acting through its Chief of Police, may require that any vehicle used as a taxicab be presented for such safety inspection as the City may think necessary or desirable. 5.08.060 Permit--Contents. Each per:nit�issued to operate a taxicab business in the City shall have printed or typed thereon the number of the business permit, the period for which the permit fee is paid, the name of the permittee, and the following data with respect to each taxicab to be operated under authority of such permit: Fake Legal owner of vehicle Serial number Registered owner of vehicle State license number 5.08.070 Rate schedule--Designated. The follow=ing schedule of rates shall be charged and collected for Page 2 - Ordinance No. 81- 1 the transportation of passengers in taxicabs for trips within the City and within three miles from the City limits, and it is unlawful for any charge in excess thereof to be made. All fares shall be determined by a taximeter, to be inspected by the Chief of Police annually, except those allowed by subsection (6) of this section. (1) An initial flag-drop charge of one dollar. (2) Subsequent to the initial flag-drop charge provided for in subsection (1) , the maximum rate shall be ten cents .for each one-twelfth mile or fraction thereof and/or waiting time for each one minute or less. (3) For each extra passenger over twelve years of age, fifty cents additional charge. (4) Waiting time at the rate of twelve dollars per hour shall include the time when the taxicab is not moving, beginning with the time of arrival at the place to which the taxicab has been called, or the time consumed while the taxicab is standing or waiting at the direction of the passenger, or forced to stand because of prevailing traffic conditions. No charge shall be made on account of time lost on account of ineffi- ciency of the taxicab or its operation, or time consumed by premature response to call. (5) No charge shall be made for traveling without passenger, unless the taxicab has been engaged for messenger service, in which event the rates applicable to a single passenger shall be the maximum charge there- for. Delivery service rate shall be four dollars for the first mile and one dollar per mile up to fifteen miles and one dollar and twenty cents thereafter. (5) A service charge of one dollar shall be made for calls refused after being ordered. 5.08.080 Rate schedule--Effective date. The rates set forth in Section 5.08.070 for taxicab service to be rendered by any business permittee pursuant to the terms of this chapter are effective immediately and remain in effect until modified or changed by amendment to this chapter, and no other or different rates shall at any time be charged or collected for taxicab service hereunder either directly or indirectly. 5.08.090 Refusal to pav rates unlawful. It is unlawful for any person to fail or refuse to pay the rates herein fixed and provided for after having hired taxicab service. A phone order for taxi service at a given address shall constitute the hiring of a taxicab. A person, or persons, refusing to ride after hiring a taxi must pay a service charge in accordance with Section 5.08.070. 5.08.100 Driver identification card. All persons employed by the holder of a business permit hereunder to operate taxicabs under the terms and provisions hereof shall meet all. requirements of the Oregon Motor Vehicle Code for taxicab operators and shall at all times conduct themselves in a respectful and courteous manner. An identification card, to be approved by the Chief of Police, including the name and photograph of all operators, shall be posted in each vehicle so as to-be readily visible to any passenger. Page 3 - Ordinance No. 81 7m 5.08.110 Rate schedule--Posting re�uiremerits. Each vehicle shall have posted in a conspicuous place a card listing the rates and charges as established by this chapter where such rates may be easily read and understood by the passengers. 5.08.120 Permit—Transfer. Any Any permita sued hereunder shall be nonassignable, except that if the proposed assignee shall make similar application to the City Recorder and shall meet all terms and conditions hereof, upon approval of the proposed assignment by the City Council a transfer of all rights and privileges may be authorized. 5.08.130 Penalties. Vio a ion of this ordinance is a "violation, " and not a "crime, " and is punishable by a fine not to exceed $150. Section 2. This ordinance shall become effective July 1, 1981. PASSED: By the Council by IV vote of members present and voting this i,p day of � 1981, Recoxder, City 6f Ti d j APPROVED: By the Mayor this _j_ day of , 1981. Mayor, City of Tigard i t Page 4 - ordinance No. 81-