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Ordinance No. 69-76 r _ � t z t CITY OF TIGARD, OREGON ORDINANCE No.69-_ ik AN ORDINANCE PROVIDING FOR THE OPERATION, CONTROL AND LICENSING OF TAXICAB BUSINESSES AND TAXICABS IN THE CITY OF TIGARD, AND REPEALING ORDINANCE No.65-28. THE CITY OF TIGARD ORDAINS AS FOLLOWS: Section 1: Definition_of Terms. (a) Person. The term "person" wherever used in this ordi- nance shall be held and construed to mean and include natural persons of either sex, firms, co-partnerships, associations and corporations whether acting by themselves or by servant, agent or employee, and the singular shall include the plural and the masculine pronoun shall include the feminine. (b) Taxicab. The term "taxicab" wherever used in this ordi- nance shall be held and construed to mean and include every motor vehicle having a seating capacity rf 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 be held and construed to mean and include every self- propelled vehicle by or upon which any person or persons may be trans- ported or carried upon any public highway, street or alley, except - ported vehicles used exclusively upon stationary rails or tracks. (d) Taxicab business. The term "taxicab business"when used in this ordinance shall be held and construed to mean a business entity consisting of a sole proprietorship, co-partnership or corpor- ation engaged in the operation of one or more powered vehicles as a taxicab a; hereinabove defined. (e) Unit permit. The term "unit permit" when used in this ordinance shall be construed to mean a franchise to conduct a taxicab business, and shall be issued on the basis of one unit permit for each unit of 5,000 population or portion thereof of persons living within the City of Tigard as certified by the last census conducted -by the Center for Population Research and Census of the State of Oregon. Section 2: It shall ',)e unlawful for any person to engage in a taxi- cab business within the City of Tigard witho::t first securing a permit for the conduct of a taxicab business under the provisions of this ordinance, and it shall further be unlawful to operate any vehicle in the City of Tigard for taxicab purposes, as hereinabove defined, unless the fees provided in Section 5 hereof have been previously paid and the permit issued. Section, 3: Any permit issued for the conduct of a taxicab business under the terms of this ordinance 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 followings causes Page 1 - ORDINANCE No.69%7�- (a) Wilful violation of the terms and conditions of this ordinance. (b) Knowingly authorizing or permitting any person to - { operate a taxicab in the City of Tigard in viola- tion of regulatory or, statutory requirements pertinent to the registration or licensing of vehicles or operators. (c) Knowingly employing a person of ill-repute or dis- repute, or of known criminal propensities, or who is under suspension of his driver's credentials by the State of Oregon for any reason. Section 4: The City Recorder of Tigard may issue a business permit —" for the operation of a taxicab business in the City of Tigard subject to the following criteria: (a_) one unit permit for each population unit of 5,000 per- sons, or portion thereof, as shown by the last official census of the City of Tigard as certified by the Center for Population Research and Census of the State of Oregon. (b) A permittee holding one or more unit permits in good standing to operate a taxicab business in the City of Tigard, whose application for renewal is received on or before June 20 of eachyear with respect to the next forthcoming fiscal year, shall be entitled to renewal of the per-mit(s) then in effect and shall have the right of first refusal with respect to any additional unit permits which may become available by reason of increase in the population of the City of Tigard on the basis of 5,000 population per unit or part thereof. (c) All applications from prospective operators of a taxicab business who do not bold a permit in good standing at the time of application, shall be sut- ject to prior approval of the City Council. (d) All unit permits to operate a taxicab business in the city of Tigard shall expire at the close of ¢; June 30 of each calendar year, subject to renewal as hereinabove stated. (e) Each application must be based upon furnishing not less than one vehicle suitable for taxicab use for each 5,000 persons, or portion thereof, compre- hended by the unit permit or permits to be issued + to such operator. Section 5: All unit permits to conduct a taxicab business in the City of Tigard shall be issued, where otherwise authorized hereunder, on an annual basis at the rate of $ ev� per unit of population of 5,000 persons, or part thereof. In addition, each permittee shall pay the further sum Of s $ 5 o u per vehicle for each vehicle to be operated by the per mi wee under authority of each unit permit. s_ Unit permits shall not be prorated as to any portion of a fiscal year; provided, however, that vehicle permits shall be ,, Page 2 - ORDINANCE No.59-'?a issued at the rate of 50% of the annual fee per vehicle for vehicles placed into service January 1 or thereafter for each fiscal year. Section b: Any person holding a permit to operate a taxicab business within the City of Tigard shall file with the City Re- corder the following , which shall be maintained on a current status as a provision of franchise: (a) The license number- of vehicles so used, along with the serial and/or motor number, make and model of said vehicles. (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.- $..40,000. erson,$ .40,000. for one accident, and $20,000. for Prop- erty Ch-umage, together with, proof that current premiums are paid and that the policy is in full force and effect. Section 7: All applications for a permit to operate a taxicab business in the City of Tigard shall be filed with the office of the City Recorder, and if the granting of the application shall be authorized under the terms of this ordinance, the Recorder shall pro- ceed to have each vehicle as 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 the applicant's equipment is suit- able for the purpose and in safe condition for use as a taxicab, in the opinion of the Police Chief, and the applicant otherwise meets the requirements hereof, the application may be approved by the City Admin- istrator and the Recorder may thereupon issue the permit . to operate a taxicab business. In the event that the equipment shall not be approved by the Chief of Police, or if the City Administrator shall disapprove the application for any reason within the purview of this ordinance, the City Administrator shall place the application on the agenda for consideration by the City Council at its next scheduled meeting. Any additional vehicles porposed to be operated as taxi- cabs by a permittee hereunder shall be subject to inspection by the Chief of Police and shall not be placed into service unless so approved. Section 8: Each permit issued to operate a taxicab business in the City of Tigard, shall have pj°jnted or typed thereon the number of the business permit, tha period for which the permit Eee is paid, the name of the permittee, aid the following data with respect to each taxicab to be operated under authority of such permit: Make Legal owner of vehicle Serial number Registered owner of vehicle State license number Section 9: The rates set forth on the attached Schedule "A" for taxi- cab service to be rendered by any business permittee pur- suant to the terms of this ordinance, shall be effective upon adoption Page _3 = OFDINANCE NO-69--'7-(. _ t s5 r. , of this ordinance and shall remain in effect until modified or changed by amendment to this ordinance, and no other or different rates shell at any time be charged or collected for taxicab service hereunder either directly or indirectly. Section 10: It shall be 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 attached schedule "A". Section 11: All persons employed by the holder of a business permit hereunder to operate taxicabs under the terms and pro- visions hereof, meet all raq•°irements of the Oregon Motor _reof, Vehicle Code for taxicab operators and shall at all times conduct themselves in a respectful and courteous manner. An idenr.ification 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. Section 12: Each vehicle shall have posted in a conspicuous place a card listing the rates and charges as established by this ordinance where such rates may be easily read and understood by passengers. Section_i3_: Any permit issued hereunder shall be non-assignable, except that if the proposed assignee shall make similar application to the City Recorder and shall meet all terms and con- ditions hereof, upon approval of the proposed assignment by the City Council a transfer of all rights and privileges may be authorized. Section 14: That Ordinance No. 65-28, adopted by the City Council on September 27, 1965, be, and the same is, hereby repealed, effective with the effective date of this ordinance. Section 15: This ordinance shall be effective on the 31st day after its enactment by the City Council of Tigard, Oregon. PASSED: By unanimous vote of all Council members present, after being read three times by number and tittle only, This_g�_day of1969. Recorder - City ofTigard APPROVED: By the Mayor, this �� day of 011,Aei 1969. • S iayor :- City oV11figard .may Page 4 - ORDINANCE No. 69- 7L l §�F y t i SCHEDULE "A" The following schedule of rates shall be charged and collected for the transportation of pas:,engers in taxicabs for trips within the city and within three miles from the city limits, and it shall be unlawful for any charge in excess thereof to be made. All fares shall be determine' by a taximeter, to be inspected by the Chief of Police annually, except those allowed by Paragraph F below. A. An initial charge of sixty cents (60C) for which one passenger shall be enti*.led to transportation for a distance not to exceed two-ninths mile or fraction thereof, and/or waiting time of each one ana one- quarter minutes or less. B. Subseauent to the initial charge provided for in Para- graph A, the maximum rate shall be ten cents (100) for each two-ninths mile or fraction thereof, and/or waiting time of each one and one-quarter minutes or less. C. i�or each extra passenger, twenI.y cents (20t) additional charge. D. waiting time 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 oreva iling traffic conditions. No charge shall be made on account of time lust on account of inefficiency of the taxicab or its operation, or tim, consumed by premature response to a call. E. No charge shah. be made for traveling without passenger, unless the taxicab shall have been engajed for messenger or delivery service, in which event the rates applicable to a single passenger shall be the maximum charge therefor. F. A service charge of one dollar ($1.00) shall be made for calls refused after being ordered. Page 5 URDZNM%C"s No. r