Ord 1681COUNCIL BILL NO. 531
ORDINANCE NO. 1681
AN ORDINANCE REGULATING TAXICADS AND TAXICAB DRIVERS; PROVIDING A PE~~ALTY;
REPEALING ORDI~dANCES 985, 1216, 1418, 1427, A~'~D SECTION 3 OF ORDI~lANCE 1634;
AfdD DECLARING AN E"~ERGENCY.
THE PEOPLE OF THE CITY OF ~°JOODQURid DO ORDAIPJ:
Section 1. As used in this ordinance:
(1} "Taxicab permit" means a permit issued by the City of ~~loodburn
authorizing the holder thereof to conduct a taxicab business in the city of
~~Joodburn.
(Z} "Taxicab driver's permit" means the permission granted by the
City of Woodburn to drive a taxicab upon the streets of the city of er~oodburn.
(3} "Holder" means a person to whom a taxicab permit has been issued.
(4} "Person" includes an individual, a corporation or other legal
entity, a partnership and any unincorporated association.
(5} "Rate card" means a card on display in each taxicab which contains
the rates of fare then in force.
(6} "Taxicab" means a motor vehicle regularly engaged in the business
of carrying passengers for hire, having a seating capacity of 10 passengers or
less, as per manufacturer's rating, except cars for rent without drivers and
not operated exclusively over a fixed and defined route.
(1} "Waiting time" means the time that a taxicab is not in motion
from the time of acceptance of passenger or ;aassengers to the time of discharge;
but it does not inc]ude any time that the taxicab is not in motion if due to any
cause other than the request, act or fault of a passenger or passengers.
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Section 2. ~Jo person shall operate, or permit a taxicab owned or
controlled by him to be operated as a vehicle for hire upon the streets of the
city of hoodburn without first having obtained a taxicab permit from the City
of ~aJoodburn.
Section 3. An application fora taxicab permit shall be filed with
the City Recorder. The application shall be verified under oath and shall furnish
the following information:
(1) The name, age and address of the applicant.
(2) The financial status of the applicant, including the amounts of
all unpaid judgments against the applicant and the nature of the transaction
or act giving rise to said judgments.
(3) The experience of the applicant in the transportation of passengers.
(4) The number of vehicles to be operated or controlled by the appli-
cant, and the class and carrying capacity of each vehicle to be operated under
the taxicab permit.
(5) The business name under which the applicant will do business.
(6) Such further information as the Recorder of the City of !3~oodburn
may require.
Section 4. Upon the filing of an application, the City Recorder shall
fix a time and place fora public hearing thereon by the Common Council of the
City of Woodburn. ~dotice of such hearing shall be given to the applicant and to
all other persons to whom taxicab permits have theretofore been issued. Due
notice shall also be given the general public by posting a notice of such hear-
ing on the official bulletin boards of the City of ~~ovdburn. Any interested
person may file with the City Recorder a memorandum in support or oaposition
to the issuance of a taxicab Hermit.
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Section 5.
(1) If the Common Council finds that further taxicab service in the
City of Woodburn is required by the public convenience and necessity and that
the applicant is fit, willing and able to perform such public transportation
and to conform to the provisions of this ordinance, the the Common Council shall
direct the City Recorder to issue a taxicab permit stating the name and address
of the applicant, the number of vehicles authorized under said permit and the
date of issuance; otherwise, the application is denied.
(2) In making the findings, the Common Council shall take into con-
sideration the number of taxicabs already in operation, whether existing trans-
portation is adequate to meet the public need, the probable effect of increased
service on local traffic conditions, and the character, experience and responsibility
of the applicant.
Section 6. No taxicab permit shall be issued or continued in operation,
unless there is filed with the City Recorder and approved by the City Attorney
satisfactory evidence of a liability insurance policy or policies of an insurance
company or companies showing that there is in full force and effect a liability
insurance policy issued by an issrance company authorized to do business in the
State of Oregon, covering each vehicle operated under the taxicab permit in the
amount of $25,000.00 for bodily injury to any one person; and the amount of
$50,000.00 for the injuries to more than one person which are sustained in the
same accident; and the amount of $20,000.00 for property damage resulting from
any one accident; and $10,000.00 for unisured motorist; and agreeing to pay to
any judgment creditor to the extent of the amount specified in such policy any
final judgment rendered against the insured for the liability imposed by law for
damages on account of bodily injuries or death, or from damages resulting from
the owner's maintenance or use of any taxicab owned or operated under the taxicab
permit.
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Section 7. No taxicab permit shall be issued or continued in operation,
unless the holder thereof has paid an annual ]icense fee of $25.00 for the right
to engage in the taxicab business. The license fee shall be for the fiscal year
of the City. It shall be payable in not more than two semi-annual installments,
the first due and payable on July 1 and the second being payable on January 1.
The fee shall be in addition to any other license fee or charges established by
proper authority and applicable to said holder or vehicle under the operation
and control of himself.
Section 8. No taxicab permit shall be sold, assigned, mortgaged, or
otherwise transferred without the consent of the Common Council of the City
of Woodburn.
Section 9. A taxicab permit issued under this ordinance may be revoked
or suspended by the Common Council of the City of Woodburn if the holder thereof
or any of his agents, officers, servants, or employees has violated any of the
provisions of this ordinance or discontinued operations for more than 15 continuous
days, or has violated any of the ordinances of the City of Woodburn or the laws
of the United States or the State of Oregon, the violations of which reflect
unfavorably on the fitness of the holder to offer public transportation. Prior
to suspension or revocation, the holder shall be given notice of the proposed
action to be taken and shall have an opportunity to be heard.
Section 10. No person shall operate a taxicab for hire upon the streets
of the City of Woodburn, and no person who owns or controls a taxicab shall
permit it to be so driven, and no taxicab authorized by the City of Woodburn shall
be driven at any time for hire, unless the taxicab driver has first obtained
and has then in force a taxicab driver's permit issued under the provision's of
this ordinance by the Chief of Police of the City of Woodburn and also a chauffeur's
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license from the State of Oregon which is then in force.
Section 11. The Chief of Police or his designee of the City of Woodburn
shall issue a taxicab driver's permit upon application thereof to any person over
the age of 21 years who has then in force a chauffeur's license from the State of
Oregon. No taxicab driver's permit shall be issued to any person under the age
of 21 years of age.
Section 12. Every taxicab driver shall post his taxicab driver's permit
in such place as to be in full view of all passengers while the driver is operating
the taxicab.
Section 13. Every taxicab driver granted a permit under this ordinance
shall comply with all city ordinances and with all state and federal laws. Failure
to do so shall constitute a ground for the suspension or revocation of the taxicab
driver`s permit by the Common Council of the City of Woodburn. However, a taxicab
driver's permit may not be revoked unless the driver has received notice and has
had an opportunity to present evidence in his behalf.
Section 14. All vehicles operating under authority of this ordinance
shall be inspected from time to time by the Chief of Police or his designee for
the purpose of determining if the same are clean, properly equipped, of good
appearance, and in safe condition for the transportation of passengers. At the
time of such inspection, the Chief of Police shall determine for the guidance of
the public the classification and the capacity of the vehicle inspected. No person
shall drive or operate or engage in the business of operating, any taxicab unless and
until it has been inspected and approved by the Chief of Police or his designee.
To be properly equipped, every taxicab must carry, in good operating order, a
fire extinguisher, a first aid kit sufficient to allow administration of emergency
medical aid, one or more emergency blankets, and at least three emergency warning
flares.
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Section 15. Each taxicab shall be designated as such in plain and
visabae letters on the side thereof. This shall nat be construed as a limitation.
Section 16. ~Jo owner or driver of a taxicab shall charge a greater
rate for the use of a taxi cab Sri thi n the corporate 1 i mi is of the city of !^~oodburn
than as follows:
(1) For one passenger for one destination:
Initial flag drop $0.90
Each additional 1/11 mile .10
(2) For each additional passenger for the same
destination: $0.20
(3) For each call cancelled after a taxicab has
been dispatched in answer thereto: $0.90
(4) Trunks, each: Pdo additional charge
(5) Nand baggage, loading and unloading
baggage: No additional charge
(6) No charge shall be made for traveling empty,
whether going or returning
(7) Waiting charge: $12.00 per hour as per
calibrated meter
(8) The rates established by this ordinance may be reviewed by the
City Council annually.
Section 17. Each taxicab operated under this ordinance shall have a
rate card setting forth the authorized rates of fare displayed in such a place
as to be i n vietiv of a] 1 passengers.
Section 18. The driver of any taxicab shall, upon demand by the
passenger, render to such passenger a receipt for the amount charged. A receipt
shall show the name of the holder, taxicab driver, taxicab license number, the
amount of the charge, and the date of the transaction.
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Section 19.
(1) ~~Jo person shal 1 refuse to !gay the 1 egal fee of any of the vehicles
mentioned in this ordinance after having hired the vehicle.
(2~ f~Jo person shall hire any taxicab with intent to defraud the person
from whom it was hired of the value of such service.
Section 20. Pdo taxicab driver shall solicit patronage in aloud or
annoying voice, nor by sign nor in any manner annoy any person, or obstruct any
person or follow any person for the purpose of soliciting patronage.
Section 21. Taxicab drivers shall not receive nor discharge aassengers
in the roadway, but sha]1 pull to the sidewalk as nearly as possible, or in the
absence of a sidewalk to the extreme side of the road, and there receive or
discharge passengers. A taxicab driver may, under conditions of necessity, receive
passengers in a roadway in a lane of traffic upon a one-way street with twe or
more lanes. in the same direction if no parking space on the extreme side of such
roadway is vacant, but in no event shall such stopping or parking in a lane of
traffic extend for more than one minute, and in no event shall the driver of
such taxicab leave the vehicle unattended.
Section 22. No taxicab driver shall permit more persons to be carried
in a taxicab as passengers than the rated seating capacity of his taxicab as
stated in the application for the taxicab permit. A child in arms shall not be
counted as a passenger.
Section 23. Plo taxicab driver shall refuse not neglect to convey
any orderly person or persons on request unless previously engaged or unable
or forbidden by the provisions of this ordinance to do so.
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Section 24. All persons engaged in the taxicab business in the city
of Woodburn operating under the provisions of this ordinance shall render an
over-a]1 service to the public desiring to use taxicabs. Holders of taxicab
permits shall r~aintain a central !lace of business and keep the sane o!~en ?_4
hours a day for the purpose of receiving calls and dispatching cabs. They shall
answer all calls received by them for service inside the corporate limits of
the city of !~~oodburn as soon as they can do so. If the services cannot be rendered
within a reasonable time, they shall notify the prospective passengers how long it
will be before the calls can be answe-red and give the reason thereof. Any holder
who refuses to accept a call anywhere in the corporate limits of the city of
Woodburn at any time when the holder has available cabs, or who fails or refuses
to give over-all service, shall be deemed a violator of this ordinance, and the
taxicab perr~it granted to such holder may be revoked at the discretion of the
Common Council.
Section 25. Each driver of a taxicab employed to carry passengers
to a definite point shall take the most direct route possible which will carry
the passenger safely and expeditiously to his destination.
Section 26. If any taxicab operated under this ordinance shall, while
conveying for hire or reward any passengers or baggage, become disabled or break
down, no charge shall be made for the time of stoppage on account of such dis-
ability or breakdo!~rn.
Section 27. Each taxicab driver shall promptly notify the Chief of
Police within 24 hours of all property of value left in his vehicle by any
passenger.
Section 28~ City Infraction Assessment. A violation of any arovision
of ,this ordinance constitutes a Class I city infraction and shall be dealt with
according to the procedures established by Ordinance -~Jo. 1610 (Civil Infractions}.
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Section 29. Repeal. Ordinance No. 985, enacted September 20, 1955;
Ordinance Pdo. 1276, enacted June 15, 1971; Ordinance No. 1418, enacted ~iay 13,
1974; Ordinance •'o. 1427, enacted June 10, 1974 and Section 3 of Ordinance ^~o.
1634 are hereby repealed.
Section 30. This ordinance being necessary for the immediate preser-
vation of the public peace, health and safety, an emergency is declared to exist,
and this ordinance shall take effect upon passage by the Council and approval
by the Mayor.
___ ~.
APPROVED: ~ t
E. ~J~eLTEP, LAMA , ~!AYOR
Passed by the Council
Submitted to the Mayor
Approved by the s~ayor
Filed in the Office of the Recorder
Sep tember 10, 1979
Sep tember 10, 1979
Se
~ tember 11, 1979
.
Se ptember 11, 1979 _
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..
ATTEST: ~ C~ _.~...-i ~~..~.~~
~ ~~.
Barney 0. urris;~,ecorder
City of ~loodburn, Oregon
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I, BARNEY 0. BURRIS, Recorder of the City of Woodburn, do
hereby certify that I caused to be posted three copies of
Ordinance No. 1681, one of which said copies posted in the
City Hall on the bulletin board adjacent to the entrance to
the Recorder's Office, in full view of the traveling public;
a second one of said copies posted on the Woodburn Public
Library bulletin board at 280 Garfield Street, in full view
of the traveling public; a third one of said copies posted
on the Community Center bulletin board at 491 N. Third St.,
in full view of the traveling public; that all of said places
are public places. within the corporate limits of the City
of Woodburn and all of said copies were posted on the
. -c day o f ~_ 19 7 9 .
4'
%_ '
B rney B ris, Recorder
City of Woodburn, Oregon