Ord 2464 - Taxicab RegulationCOUNCIL BILL NO. 2816
ORDINANCE NO. 2464
AN ORDINANCE PROVIDING FOR THE REGULATION OF TAXICABS; TAXICAB
DRIVERS; TAXICAB COMPANIES; AND SETTING AN EFFECTIVE DATE
WHEREAS, the Woodburn Charter provides that the City shall have all
powers which the constitutions, statutes, and laws of the United States and of
Oregon expressly or impliedly grant; and
WHEREAS, the above referenced grant of power has been interpreted as
affording the City all legislative power under the home rule provisions of the
Oregon Constitution; and
WHEREAS, it is the purpose of this Ordinance to require that those persons
operating taxicabs do so in a safe, fair and efficient manner; and
WHEREAS, the taxicab industry constitutes an important part of the City's
transportation system, and transportation so fundamentally impacts the well-
being of the City's citizens that some regulation is necessary to ensure that the
public safety is protected, the public need provided for, and the public
convenience promoted; and
WHEREAS, the provisions contained herein should be applied and
enforced in such a manner as to require the taxicab industry to regulate itself,
under City supervision, to promote innovation and adaption to changing needs,
and respond to economics of the marketplace, so long as the public interest is
served, NOW, THEREFORE,
THE CITY OF WOODBURN ORDAINS AS FOLLOWS:
Section 1. Definitions
A. Certified Mechanic. A mechanic who meets all the following criteria:
1. Does not own, lease or drive a Taxicab;
2. Has no financial interest in any Taxicab Company operating within the
State of Oregon;
3. Has received ASE (Automotive Service Excellence) A Series
(Automobile/Light Truck Certification) master certification; and
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4. Is not employed by any Taxicab Company.
B. City Recorder. The City of Woodburn City Recorder or designee.
C. Driver. Any person operating Taxicabs as a Driver for any Taxicab Company
regardless of whether the vehicles so operated are owned by the company,
leased, or owned by individual members of the company.
D. Finance Director. The City of Woodburn Finance Director or designee.
E. Flat Rate. A rate that remains constant regardless of the distance traveled or
the time involved.
F. Operate. To drive a Taxicab, to use a Taxicab in the conduct of business, to
receive money from the use of a Taxicab, or cause or allow another person
to do the same.
G. Person. Any individual, partnership, trust, estate, corporation, or other form of
business organization recognized by Oregon law.
H. Police Chief. The City of Woodburn Chief of Police or designee.
I. Taxicab. Any motor vehicle used for transportation for hire where the
destination and route traveled may be controlled by a passenger and the
fare is calculated on the basis of any combination of an initial fee, distance
traveled, waiting time, or a flat fee except for an accessible vehicle,
ambulance, limousine, medical transport vehicle, shuttle or tour bus. For
purposes of this section, the following definitions shall apply:
a) "Accessible vehicle" means any motor vehicle constructed and
equipped for the non-emergency transportation of persons in
wheelchairs, persons using other mobility aids, or with other mobility
impairments.
b) "Ambulance" means any motor vehicle constructed and equipped
for the emergency transportation of persons because of or in
connection with their illness, injury or disability.
c) "Limousine" means any luxury class motor vehicle that is operated
for hire on a reserved, hourly basis.
d) "Medical transport vehicle" means any motor vehicle constructed
and equipped for the non-emergency transportation of persons in
connection with their illness, injury or disability.
e) "Shuttle" means any motor vehicle for hire that transports
passengers between predetermined destinations (e.g., motels and
airports), at fixed rates, and on a fixed schedule.
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f) "Tour bus" means a motor vehicle accepting individual passengers
for a fare for sightseeing or guided tours, making occasional stops
at certain points of interest and returning the passengers to the
point of origin.
J. Taxicab Company. Any person that operates Taxicabs other than only as a
Driver that either has its primary place of business within the city limits, or
regularly conducts business within the City, regardless of whether the vehicles
so operated are owned by the company, leased, or owned by individual
members of the company.
K. Taxicab Company Permit. A permit issued under this Ordinance to operate a
Taxicab Company.
L. Taxicab Driver Permit. A permit issued by the City that the Driver is authorized
to operate a Taxicab under this Ordinance.
M. Translink Provider. A business or company that has been approved as a
provider of transportation services by the federal government by meeting
federal standards and receipt of a certificate evidencing such compliance.
N. Taximeter. A mechanical or electronic device which calculates and displays
a fare based on an initial fee, distance traveled, waiting time, or any
combination thereof.
Section 2. Taxicab Company Permit Required -Exemptions
A. No Person shall operate any Taxicab Company in the City of Woodburn
without possessing, in addition to any license required by any other law, a
valid Taxicab Company Permit issued pursuant to this Ordinance. A Taxicab
Company Permit may not be sold, assigned, mortgaged or otherwise
transferred.
B. Exemptions to Taxicab Company Permit Requirement.
1. Public Transportation provided and funded in whole or in part by public
organizations shall be exempt from the permit requirements of this
Ordinance.
2. Certified Translink Providers that show proof of such certification to the
City.
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Section 3. Taxicab Company Permit Applications -Issuance
A. Application Requirements. An applicant for a Taxicab Company Permit must
submit to the Finance Director:
1. Proof of registration with the Secretary of State for any corporate, LLC
or LLP entity;
2. Proof of registration with the Secretary of State for any assumed
business name, along with a listing of the registrant of such;
3. The business name, business address and residence address and
telephone numbers of the applicant;
4. A list of any misdemeanor or felony convictions of the owner(s) and
officers of the Taxicab Company;
5. The name of the person who will be responsible for and who will
oversee the day-to-day operations of the Taxicab Company;
6. The make, type, year of manufacture, VIN number, and seating
capacity of each vehicle that will be operated as a Taxicab under the
Taxicab Company Permit;
7. A description of the proposed color scheme, name, monogram or
insignia that will be used on the Taxicabs;
8. A nonrefundable application fee in the amount of $120.
B. Insurance Certificate. No Taxicab Company Permit will be issued unless the
Taxicab Company provides to the Finance Director a Certificate of Insurance
indicating that the insurance requirements of Section 8 of this Ordinance have
been satisfied.
C. Inspection Certificate. No Taxicab Company Permit will be issued unless the
Taxicab Company provides to the Finance Director an Inspection Certificate
from a Certified Mechanic as provided in Section 7 of this Ordinance.
D. Issuance of Permit. The Finance Director will issue a Taxicab Company Permit
upon finding that the applicant has met the requirements of this Ordinance.
E. External display of permit. Each Taxicab operated by a Taxicab Company
shall prominently display on the exterior of the Taxicab a sticker issued by the
City indicating that the permit requirements of this Ordinance have been met.
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Section 4. Annual Taxicab Company Permit Renewal. Taxicab Company Permits
shall be renewed upon submission of an annual permit fee in the amount of
$100.
Section 5. Equipment
Every Taxicab is to be equipped with the following:
A. Except for a Taxicab charging a flat rate, a Taximeter that meets the
requirements of this Ordinance.
B. A Taxicab charging a flat rate must be equipped with a sign that states "Flat
Rate" and specifies the rate.
C. A top light identifying it as a Taxicab.
D. The company name and telephone number where service can be requested
displayed on the exterior of the Taxicab.
E. A cell phone or taxi radio dispatching calls for service.
F. A current copy of the Taxicab Company Permit with the approved vehicle's
Vehicle Identification Number (VIN).
G. A notice providing information necessary to file a complaint under this
Ordinance.
Section 6. Taximeter Requirements.
A. Every Taxicab, except for a Taxicab charging a Flat Rate, must be equipped
with a Taximeter in accurate operating condition, with a lighted face that can
easily be read at all times by the passenger.
B. Every Taximeter must be inspected by a certified taximeter installer and
certified at installation, at change in rate, and within 1 year of the last
inspection. A certificate of inspection must be issued by a qualified Taximeter
repair service upon each inspection. A copy of the certificate of inspection
must remain in the Taxicab.
C. Certificates of inspection must include:
1. The identifying number of the Taximeter;
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2. The make, model and license number of the Taxicab in which the
Taximeter is installed;
3. The name of the Taxicab Company;
4. The date of inspection;
5. A statement that the Taximeter has been inspected and approved
and that its readings are accurate; and
6. The signature of the individual making the certification.
D. A Taxicab Company must keep on file copies of all certificates of inspection
of Taximeters.
E. Taximeters must operate within the following limits of accuracy: Plus or minus
50 feet in 1 mile and 1 second in 1 minute of waiting time.
F. Certificates of inspection may be examined by the City at any time during
normal business hours.
G. All Taximeters must be approved by the National Type Evaluation Program
(NTEP) as evidenced by a "Certificate of Conformance" issued by an authorized
inspector. All Taximeters must have an active NTEP Certificate of Conformance
number.
Section 7. Inspection and Maintenance of Taxicabs
A. Prior to the issuance of a Taxicab Company Permit, and annually thereafter,
each Taxicab shall be examined and inspected by either a Certified Mechanic
and shall be found to be in safe operating condition.
B. Every Taxicab must have proof of its annual inspection in the vehicle.
Proof of the inspection shall be submitted to the Finance Director on an annual
basis.
Section 8. Taxicab Insurance Requirements.
A. Coverages and Limits: All Taxicab Company Permit holders must obtain,
comply with, and maintain the minimum levels of insurance coverage outlined
below during the entire term that the Taxicab Company Permit is valid:
1. Commercial Business Insurance_ Taxicab Company Permit holders must
secure and maintain a Commercial General Liability policy reflecting limits
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of no less than $1,000,000 per Occurrence and $2,000,000 Aggregate for
covered claims arising out of, but not limited to, Bodily Injury, Property
Damage, Personal Injury, and Contractual Liability in the course of the
policy holder's work under the Taxicab Company Permit.
2. Vehicle Insurance. All Taxicab Company Permit holders, regardless of
whether the company holds title to a vehicle or not, must provide the City
with a copy of a valid Commercial Auto Liability policy reflecting a
Combined Single Limit of not less than $500,000 per occurrence for claims
arising out of, but not limited to, bodily injury and property damage
incurred in the course of the vehicle's use as a Taxicab. The Commercial
Auto Liability policy must comply with the mandatory laws of the State of
Oregon and/or other applicable governing bodies.
3. Worker's Compensation and Employers Liability Insurance. The Taxicab
Company Permit holder must secure and maintain a Workers
Compensation and Employers Liability policy where required by state
law.
4. The Commercial General Liability and Commercial Auto Liability
coverage must name the City and its officers, agents and employees as
additional insureds as respects to claims, in the course of the policy
holder's work as a Taxicab Company.
5. The insurance limits are subject to statutory changes as to maximum
limits of liability imposed on municipalities of the State of Oregon during
the permit's term.
6. The insurance policy must allow for written notice to the Finance
Director 30 days before any policy is canceled, will expire, or be reduced
in coverage.
Section 9. Taxicab Driver Permits Required -Application Process 8~
Requirements.
A. Permit Required. No person may drive a Taxicab that regularly conducts
business in the City without a Taxicab Driver Permit issued under this Ordinance.
B. Application Documents Required. Applicants for a Taxicab Driver Permit
must submit to the Finance Director the items listed below. The failure to submit
any of the items listed will result in a denial of the permit:
1. A completed application on a form approved by the Finance Director;
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2. A copy of the applicant's current driver's license;
3. A copy of the applicant's non-Oregon driving record for any year in
which the applicant was not a resident of Oregon during the last 10 years,
regardless of the jurisdiction; and
4. A copy of the applicant's criminal history; and
5. A set of the applicant's fingerprints; and
6. If necessary, any information that reasonably relates to the application
or is a clarification of information provided to the Finance Director.
C. Photographs. Applicants will be photographed by the City upon submittal of
the Taxicab Driver Permit application. The photograph then becomes a part of
the applicant's submittal package.
D. Fees Required. Applicants must submit a nonrefundable application fee in
the amount of $105.
E. Age, Criminal History, Driving History and Insurability Requirements. Applicants
for a Taxicab Permit may not be issued a permit if any of the following conditions
exist:
1. The applicant has been convicted of any felony in the 10 years
preceding the submission of the application;
2. The applicant has been convicted of any misdemeanor involving
assault, sex crimes, drugs, prostitution or weapons in the 10 years
preceding the submission of the application;
3. The applicant has a felony conviction involving physical harm or
attempted physical harm to a person, regardless of when the conviction
occurred;
4. During the 5-year period preceding the submission of the application,
the applicant has been convicted of:
a. Any traffic crime, including but not limited to: Driving under the
Influence of Intoxicants, Reckless Driving, Attempt to Elude a Police
Officer, or Failure to Perform the Duties of a Driver; or
b. Misdemeanor theft.
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5. During the 5-year period preceding the submission of the initial
application, the applicant had greater than 10 traffic infractions as
defined in ORS 801.557; greater than five serious traffic violations as
defined in ORS 801.477; greater than five motor vehicle accidents that are
required to be reported to the Oregon Department of Motor Vehicles
pursuant to ORS 81 1.720; or, greater than five of any combination of
serious traffic violations or motor vehicle accidents as provided above;
6. During the 10-year period preceding the filing of the initial application,
the applicant's driving privileges were suspended or revoked by any
governing jurisdiction as a result of adriving-related incident;
7. The applicant has more than three traffic violations of any kind within
the previous 12 months from the date of the application;
8. The applicant does not have at least 2 years' worth of continuous
driving experience in a United States jurisdiction immediately prior to the
date of the application's submission;
9. The applicant is less than 21 years old; or
10. The applicant is unable to obtain car insurance for any reason.
Section 10. Issuance of Taxicab Driver Permit; Term; Replacements.
A. After an application for a Taxicab Driver Permit is submitted, the Police Chief
will provide to the Finance Director a written investigation based upon the
requirements of this Ordinance.
B. Issuance and Fees. If an applicant submits the required documents and
otherwise satisfies all conditions and requirements of this Ordinance, the Finance
Director will issue a Taxicab Driver Permit.
C. Permit Requirements: A Taxicab Driver Permit must:
1. Contain the permit number, permit expiration date, the driver's name
and the driver's photograph;
2. Be posted in a prominent place within the Taxicab; and
3. Be inside the vehicle and available for inspection by any customer,
passenger, police officer or designated City employee.
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D. Term. A Taxicab Driver Permit is valid for a period of 12 months from the date
of issuance and must be renewed upon expiration.
E. Replacements. If a driver's permit is lost, damaged or stolen, the Finance
Director will issue a replacement permit for a fee in the amount of $25.
Section 11. Taxicab Driver Permit Renewals; Consequences of Failure to Renew.
A. Taxicab Driver Permits must be renewed every 12 months from the date of
issuance.
B. The following information and the renewal fee must be submitted to the
Finance Director no less than 30 days prior to the renewal date:
1. Updated file information if any information in the original application
has changed;
2. Payment of the renewal fee of $55.
C. A Taxicab Driver Permit will not be renewed if the driver fails to satisfy any
condition that would have been grounds to deny the initial permit, including
any criminal activity or driving crimes/violations.
D. If a driver fails to timely pay the permit renewal fee or timely provide the
renewal information required by this Ordinance, the Taxicab Driver Permit
expires and becomes void. A voided Taxicab Driver Permit requires the former
permittee to file an initial permit application and pay all necessary fees required
by this Ordinance to obtain a valid Taxicab Driver Permit.
Section 12. Operating Regulations of Taxicab Companies and Drivers
A. Taxicab Companies. A Taxicab Company shall not:
1. Allow any Taxicab to be driven that has not been inspected and
properly permitted, or
2. Allow a person to operate a Taxicab that does not have a valid Taxicab
Driver Permit issued pursuant to this Ordinance.
B. Drivers. A Driver shall not:
1. Transport a passenger to his destination by any other than the most
direct route, unless requested to do so by the passenger;
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2. Fail to give a correct receipt upon payment of the correct fare if
requested to do so by the passenger;
3. Permit additional persons to occupy or ride in the Taxicab without
consent of the original passenger;
4. Unreasonably refuse to transport to a requested destination any
passenger who requests services and is able to demonstrate the ability
and willingness to pay the fare;
5. Charge a fare higher than the posted rates, or try to defraud a
passenger in any way by manipulating devices to cause a registration to
be made of a greater distance or more time; or
6. Operate a Taxicab in violation of any Oregon law.
Section 13. Suspension or Revocation
A. Any Permit under this Ordinance may be suspended or revoked by the
Finance Director if after a reasonable investigation one or more of the following
conditions exist:
1. The Taxicab Company ceases to operate any Taxicab for a period of
15 consecutive days without obtaining permission for the cessation of
such operation from the City.
2. The Taxicab Company and/or Driver fails to operate the Taxicab in
accordance with the provisions of this Ordinance.
3. The Taxicab Company and/or Driver fails to pay any of the fees or
payments required to be paid by the provisions of this Ordinance.
4. The suspension or revocation is necessary to protect the public health,
safety, and welfare.
5. The revocation or suspension is otherwise authorized by Ordinances of
the city.
B. Any suspension or revocation pursuant to this section shall be in writing, setting
forth the reasons therefore and the right of appeal pursuant to this Ordinance.
C. Except as provided below, any suspension or revocation shall be effective 10
days after mailing a copy thereof by first class United States mail addressed to
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the Taxicab Company and/or Driver at the business or residence address shown
on the Permit application or renewal.
D. Notwithstanding subsection (C) of this section, a suspension or revocation
may be made effective immediately if the City finds reasonable grounds to
believe that:
1. A person holding a Taxicab Driver's Permit is not covered by liability
insurance as required by this Ordinance,
2. A vehicle being operated as a Taxicab is not covered by liability
insurance required by this Ordinance, or
3. Continued operation by the Taxicab Company or Taxicab Driver would
cause, or is likely to cause, imminent danger to the public health, safety,
or welfare.
Section 14. Surrender of Certificate or Permit
Any Permit suspended or revoked by the City shall be surrendered to the
Finance Director and the operation of any Taxicab covered by said permit shall
cease.
Section 15. Rates
A. Except for a Taxicab charging a Flat Rate, the rates to be charged to
passengers are to be based on the factors of mileage from the point of origin to
the point of destination by the most direct route, the time involved, and the
number of passengers. No Taxicab may charge any fees or rates other than
those that are posted.
B. A clear and complete summary of a Taxicab Company's rate schedule shall
be posted in a conspicuous place in the passenger compartment of every
Taxicab. Every Taxicab Company shall provide the Finance Director with a
copy this summary prior to posting them in the Taxicabs.
C. Except for a Taxicab charging a Flat Rate, a summary of the meter rate in a
form approved by the Finance Director shall be placed in a manner to be visible
from the outside of every Taxicab.
Section 16. Complaints
A. Every Taxicab shall have posted in a prominent place within the passenger
compartment a notice entitled "Complaints" providing the information
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necessary to file a complaint with the City and/or the Taxicab Company under
this Ordinance.
B. Every Taxicab Company shall maintain an Annual Log of all complaints it
receives either in writing or by telephone. Each Annual Log shall be kept by the
Taxicab Company for a period of five years and shall be available to the City
upon request.
Section 17. Appeals and Writ of Review
A. Any Person aggrieved by a decision of the Finance Director under this
Ordinance may appeal such action to the City Council by filing a written Notice
of Appeal, accompanied by an appeal fee of $65 with the City Recorder within
10 days of the Finance Director's decision.
B. Within 10 days of receiving the Notice of Appeal, the City Recorder will:
1. Set a time for the appeal to be heard by the City Council;
2. Place the hearing of the appeal upon the Council agenda; and
3. Notify the aggrieved Person and the Finance Director of the time set no less
than 10 days prior to that time.
C. The aggrieved Person may appear personally, via a company
representative, and/or by counsel and present such facts and arguments as
may tend to support the appeal.
D. The Finance Director will provide the City Council with a staff report outlining
the decision and the reasons therefore.
E. The City Council will uphold the Finance Director's decision, reverse it, or
modify it with any conditions that the City Council deems appropriate. The City
Council's final decision shall be in written and supported by findings.
F. All final decisions by the City Council under this Ordinance shall be subject
only to Writ of Review in the Marion County Circuit Court pursuant to ORS
Chapter 34.
Section 18. Violation -Penalty
A. In addition to, and not in lieu of any other enforcement mechanisms, a
violation of any provision of this Ordinance constitutes a Class 1 Civil Infraction
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and may be processed according to the procedures contained in the
Woodburn Civil Infraction ordinance.
B. Each day that a violation of this Ordinance is committed or permitted to
continue shall constitute a separate Civil Infraction.
C. The remedies provided for in this Section are cumulative and not mutually
exclusive.
Section 19. Severability. The sections and subsections of this Ordinance are
severable. The invalidity of any section or subsection shall not affect the validity
of the remaining sections and subsections.
Section 20. Savings. The repeal of any ordinance by this Ordinance shall not
preclude any action against any person who violated the ordinance prior to the
effective date of this Ordinance.
Section 21. Effective Date. This Ordinance is effective on October 1, 2010.
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