CITY OF SEATTLE

ORDINANCE __________________

COUNCIL BILL __________________

AN ORDINANCE relating to taxicabs and for-hire vehicles; increasing the taxicab and for hire regulatory license fees, inspection fees, and miscellaneous fees; increasing monetary penalties for all code violations; modifying uniform and hygiene requirements; and amending Sections 6.310.150, 6.310.200, 6.310.465, and 6.310.605 of the Seattle Municipal Code in connection thereto.

WHEREAS, there is a need to enhance licensing and street enforcement activities through increased fees and fines for taxicab and for-hire associations and companies, vehicles and drivers; and

WHEREAS, a simplified dress code and hygiene requirement should be applied to all taxi and for-hire drivers; NOW, THEREFORE,

BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:

Section 1. Section 6.310.150, which was last amended by Ordinance 123472, is amended as follows:

(( SMC )) 6.310.150 Fees(( . ))

The following nonrefundable fees shall apply:

A. Taxicab association:

Annual fee $(( 1,000 )) 1,500

Late renewal fee $(( 100 )) 150

Fingerprinting of Charge as determined by

owners and officers Director to cover costs.

B. Taxicab or for-hire vehicle license:

Annual fee $(( 600 )) 800

Wheelchair accessible taxicab

annual license fee Waived

Late fee (license renewal) $(( 60 )) 80

Change of vehicle $(( 100 )) 200

Change of vehicle licensee:

July -December $(( 600 )) 800

January -June (half year) $(( 300 )) 400

May (( 16 )) 1 -June 30*

Replace taxicab plate $25

Special inspection fee** $100/hour

(1/2 hour minimum)

Inspection rescheduling fee

(non-City licensed vehicles only) $(( 25 )) 50

Taxicab change of association

affiliation $100

For-hire vehicle change of

Company affiliation $100

Vehicle re-inspection fee

(for Class A violations) $50

Suspension reinstatement fee

(when no penalty is assessed)

or re-inspection fee (for Class

B violations) $100

Fingerprinting Charge as determined by

Director to cover costs

Change of licensee corporation,

limited liability company, or

partnership members $100

Security camera system inspection

(when not part of annual

inspection) $50

Taximeter test (when not part

of annual inspection) $50

* No change of taxicab licensee or for-hire vehicle licensee fee is due if the transfer occurs between May (( 16 )) 1 -June 30 and (( . During this period,)) the change of (( taxicab or for-hire vehicle )) licensee and the annual license renewal are accomplished together(( and only one (1) fee will be assessed )).

* * For testing of (( taxicab meter )) taximeter or taxicab safety inspections provided to

other municipalities.

C. For-hire driver license:

Annual fee $(( 50 )) 150

Add/change affiliation* * * $20

Late fee $15

ID photo $5

Fingerprinting Charge as determined by

Director to cover costs

Replacement license $5

Training class fee (( As )) Charge as determined by Director to cover costs

* * * For-hire drivers may only be affiliated with a maximum of three

(3) taxicab associations at any given time. This fee is only charged

when the driver is affiliated with three (3) associations and now

wants to delete one (1) association and add another.

Section 2. Section 6.310.200, which was last amended by Ordinance 118341, is amended as follows:

(( SMC ))6.310.200 Taxicab association -License application(( . ))

A. Any business or individual desiring to operate as a taxicab association within (( The )) the City of Seattle shall file with the Director a signed and notarized taxicab association application, on forms approved by the Director. The application shall include the following information:

***

(( 4. A brief description of the uniform the applicant taxicab association proposes to require for drivers of affiliated taxicabs, which shall include full length pants (hemmed slack material), collared shirt, and shoes. The uniform may include the option to wear shorts in the summer, provided that the shorts extend no higher than two inches (2") above the kneecap and are of a similar color and pattern to the uniform full-length pants. Further, the uniform may be modified in individual cases as necessary to (1) avoid interfering with the for-hire driver's religious beliefs, and/or (2) accommodate the for-hire driver's disability or disabilities; ))

***

Section 3. Section 6.310.465 which was last amended by Ordinance 122763, is amended as follows:

(( SMC )) 6.310.465 For-hire driver -Passenger relations standards(( . ))

(( A. A taxicab driver shall wear only the uniform adopted by the association and approved by the Director or a costume meeting all requirements of SMC 6.310.225 and SMC 6.310.480. (Class A). ))

(( B )) A . When wearing a costume a driver shall display a photograph of the driver dressed in the costume along with the driver's for-hire license. (Class A).

(( C. A for-hire driver's clothes shall be neat and clean at all times that the driver is on the driver's shift. The term "neat and clean" as it relates to clothes shall mean that all clothing is clean, free from soil, grease and dirt and without unrepaired rips or tears. Drivers shall not wear as an outer garment any of the following: undershirt or underwear, tank tops, body shirts (seethrough mesh, swimwear, jogging or warm-up suits or sweatshirts or similar attire, shorts or trunks (jogging or bathing, sandals, or any similar clothing. Summer uniforms can include Bermuda shorts (hemmed slack material) that extend down to within two 2 inches of the top of the knee cap. (Class A). ))

(( D. A for-hire driver shall be clean and well groomed at all times while on duty. "Clean" means that state of personal hygiene, body and hair cleanliness and absence of offensive body odor normally associated with frequent clothes laundering and bathing or showering. "Well groomed" means beards and mustaches are groomed and neatly trimmed, and scalp and facial hair is neatly trimmed, and combed or brushed (Class A). ))

(( E )) B . A forhire driver shall provide customers with professional and courteous service at all times (Class A).

(( F )) C . A forhire driver shall not refuse a request for service because of the driver's position in line at a taxicab zone; a passenger may select any taxicab in line (Class B).

(( G )) D . A forhire driver shall at all times assist a passenger by placing luggage or packages (under fifty (50) pounds) in and out of the taxicab or for-hire vehicle (Class A).

(( H )) E . A forhire driver shall not refuse to transport in the taxicab or for-hire vehicle any passenger's wheelchair which can be folded and placed in either the passenger, driver, or trunk compartment of the taxicab or for-hire vehicle, an assist dog or guide dog to assist the disabled or handicapped, groceries, packages or luggage when accompanied by a passenger (Class B).

(( I )) F . A forhire driver shall provide each passenger a taximeter receipt upon payment of the fare (Class A).

(( J )) G . A forhire driver shall use the most direct available route on all trips unless the passenger specifically requests to change the route (Class B).

(( K )) H . A forhire driver shall not permit any person or pet to ride in the taxicab or for-hire vehicle unless that person or pet accompanies, or is in the vehicle at the request of, a farepaying individual. This requirement shall not apply to (( uniformed )) driver trainees (Class A).

(( L )) I . A forhire driver shall not refuse to transport any person except when:

1. The for-hire driver has already been dispatched on another call;

2. The for-hire driver arrives at the place of pick-up and upon arrival the passenger is acting in a disorderly or threatening manner, or otherwise is acting in a manner that would cause a reasonable person to believe that the for-hire driver's health or safety, or that of others, may be endangered;

3. The passenger cannot, upon request, show ability to pay the fare; or

4. The passenger refuses to state a specific destination upon entering the taxicab (Class B).

(( M )) J . A forhire driver shall not smoke in the taxicab or for-hire vehicle (Class A).

(( N )) K . A forhire driver shall be able to provide a reasonable amount of change, and if correct change is not available, no additional charge will be made to the passenger in attempting to secure the change (Class A).

(( O )) L . A forhire driver shall not make any discriminatory charges to any person, or make any rebate or in any manner reduce the charge to any person unless such is in conformity with the discounts or surcharges contained in the filed rates (Class B).

(( P )) M . A forhire driver shall not operate a wheelchair accessible taxicab unless the for-hire driver has successfully completed the special training requirements set forth in (( SMC )) subsection 6.310.415 E (Class C and five-day suspension).

N. A for-hire driver must be clean and neat in dress and person and present a professional appearance to the public.

Section 4. Section 6.310.605 which was last amended by Ordinance 121738 is amended as follows:

(( SMC )) 6.310.605 Monetary penalties and penalty points(( . ))

A. For-hire Driver or Taxicab/For-hire Vehicle Violations.

Violation Penalties Against a Penalty Points

For-hire Driver, or a Attributed to

Taxicab Licensee or Taxicab Association

For-hire Vehicle For For Each Violation

Each Violation

1. Violations Found During a Calendar

Year Away from City's Inspection Facility.

First Class A in one year $(( 35 )) 50 .00 2

Second Class A in one year $(( 70 )) 100 .00 3

Third or more Class A violation in one year $(( 120 )) 150 .00 4

First Class B violation in one year $(( 70 )) 100 .00 4

Second Class B violation in one year $(( 175 )) 250 .00 7

Third or more Class B violation in one year $(( 300 )) 500 .00 10

All Class C violations $1,000.00 20

2. Violations Found During Inspections at

City's Inspection Facility.

Failure to appear for inspection scheduled $50 2 penalty points

by the Director (see Section 6.310.330

and paragraph below)

Class A violation found during inspection Vehicle reinspection fee 2 each

at City's inspection facility See fee schedule in violation

Section 6.310.150

Class B violation found during inspection Vehicle reinspection fee 4 each

at City's inspection facility See fee schedule in violation

Section 6.310.150

"Failure to appear for inspection scheduled by the Director" includes a late arrival for the inspection. If notification that the vehicle (( can not )) cannot appear is made prior to the close of business on the business day before the scheduled inspection, and the taxicab license plates are delivered to the inspection facility prior to the original inspection time, then no penalty will be due.

3. Penalties and penalty points are attributed to the taxicab association with which the taxicab and/or for-hire driver is affiliated at the time the violation occurs.

B. Taxicab Association Violations During a Calendar Year.

Violation Penalty Points

Against Taxicab

Association

First Class A violation in one year 5

Second Class A violation in one year 6

Third or more Class A violation in one year 7

First Class B violation in one year 10

Second Class B violation in one year 12

Third or more Class B violation in one year 15

All Class C violations $1,000 monetary penalty

As soon as an association accumulates more than five (( (5) )) penalty points per affiliated taxicab, on average, it must pay a penalty to the Director of (( One Hundred Dollars ( ))$100(( ) )) per affiliated taxicab. As soon as an association accumulates more than seven (( (7) )) penalty points per affiliated taxicab, on average, it must pay an additional penalty to the Director of (( One Hundred Fifty Dollars ( ))$150(( ) )) per affiliated taxicab. As soon as an association accumulates more than ten (( (10) )) points per affiliated taxicab, on average, it must pay an additional penalty to the Director of (( Two Hundred Fifty Dollars ( ))$250(( ) )) per affiliated taxicab. For purposes of this subsection, average number of penalty points per affiliated taxicab means total association penalty points divided by number of taxicabs within the association. (The Director will compute the number of taxicabs within the association by averaging the number of taxicabs in the association (rounded up) at the beginning of the year and the number of cabs at the end of each completed quarter, i.e., March 31st, June 30th, etc.). If an association has exceeded the average amount of penalty points as outlined above, the penalty will be due as of the end of the current quarter. The association may ask for a hearing with the Director concerning the assessment of such penalty. At such hearing the association will present any evidence to refute or mitigate the performance of the association. After the hearing, the Director may impose the penalty, reduce the penalty, or with just cause waive the penalty and put the association on probation with specific performance guidelines. If the association does not meet the guidelines imposed, the Director will impose the penalty. In any case, the Director's decision is final.

Upon renewal of the taxicab association license, the association will start the new year with zero (( (0) )) penalty points.

***

Section 5. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.

Passed by the City Council the ____ day of ________________________, 2012, and signed by me in open session in authentication of its passage this _____ day of _______________, 2012.

_________________________________

President __________of the City Council

Approved by me this ____ day of _____________________, 2012.

_________________________________

Michael McGinn, Mayor

Filed by me this ____ day of __________________________, 2012.

____________________________________

City Clerk

(Seal)

Denise Movius/Michael Jenkins FAS Taxicab Regulatory Funding ORD October 25, 2012 Version #20