This article shall be referred to and may be cited as the "Vehicle for Hire Act."
(Ord. 20-10, 2020)
The following terms, as used in this article, mean:
Any internet-based software application, website, platform, or interface that allows the solicitation, arrangement, or provision of vehicle for hire services and the display of rates, calculation of fares, or acceptance of payment for vehicle for hire services.
Any individual who operates a vehicle for hire within the City.
Any luxury motor vehicle for hire whose chassis and wheelbase have been lengthened beyond the original manufacturer's specifications, whether at the time of production or after.
Any entity operating one or more limousines for hire, regardless of the legal form of the entity and regardless of whether the limousines so operated are owned by the company, leased, or owned by individual members of an entity.
An entity engaged in the business of furnishing chauffeur-driven vehicles for hire, whether upon contract or by offering such service to the public generally.
Any chauffeur-driven motor vehicle for hire, other than a limousine or transportation network vehicle, used for the transportation of passengers when the destination and route traveled are controlled by a passenger.
Any entity operating one or more taxicabs regardless of the legal form of the entity and regardless of whether the taxis so operated are owned by the company, leased, or owned by individual members of an entity.
One or more drivers working as independent contractors while utilizing a digital dispatch system and using personal motor vehicles for the transportation of passengers
Any entity that operates or facilitates a transportation network.
Any personal motor vehicle which is used as a vehicle for hire and is part of a transportation network.
Any motor vehicle used for the ground transportation of passengers for compensation within the City.
A business engaged in furnishing or providing one or more vehicles for hire through a digital dispatch system or by any other means, regardless of whether such business has employees or delivers its services through independent contractors, including a transportation network company.
(Ord. 6386, 1982; Ord. 20-10, 2020)
A.
No operator shall conduct business in the City without complying with the Business License Act in addition to all requirements of this article.
B.
An operator must apply to the City and certify that it is in compliance with all requirements of this article, and any other applicable code requirements. The initial written application shall include the name of the applicant and proposed location of business; applicant's experience and qualifications to engage in such business; proposal rates to be charged for transportation of passengers; description of equipment proposed to be used; information showing financial ability of applicant to conduct such business; and a statement showing public interest by reason of the operation of any such business.
C.
The City may place conditions, restrictions, or special provisions on the operator, including, but not limited to, conditions related to routes, times of operation, lighting or other conditions, if, in the sole discretion of the City, the operator's vehicles or business operations warrant conditions, restrictions, or special provisions. Upon placing any conditions, restrictions, or special provisions upon an operator, or, in the event no such conditions are required, the City shall issue to the operator an operator's license.
D.
The license issued under this chapter is valid for January 1 through December 31 of each calendar year. Any renewal must be approved by the City prior to the expiration date in order for the operator to continue providing vehicle for hire services within the City.
E.
The application/renewal fee shall be based on the number of drivers operating for the operator at the time of the application. The fee shall be established by the City Manager as authorized by Code Section 1.075.
F.
The application fee shall be paid to the City at the time of submitting the initial application as well as any subsequent renewal applications. No application or renewal will be processed without the appropriate payment.
G.
Every operator shall maintain accurate, current records for all drivers employed by, contracting with, or otherwise affiliated with the company, including all drivers accessing the company's digital network to operate in the City. The records shall include the driver's name, date of birth, address, social security number, criminal background check results, driver's license information, motor vehicle registration, and automobile insurance. Operators shall provide a person in compliance with this section written notice of compliance, who shall then submit the notice to the City as part of the business license application required by section 7.814(D).
H.
Every taxi company shall provide the City notification of any rate changes at least 30 days prior to implementing any change. Additionally, when applying for a renewed operator's license, the taxi company shall provide a current schedule of all fees, inclusive of, but not limited to, flat rates and meter rates.
(Ord. 6386, 1982; Ord. 20-10, 2020; Ord. 21-07, 2021)
Prior to initiating operations of a vehicle for hire business, the proposed business shall be subject to Council review. A written application for review shall be submitted which shall include the name of the applicant and proposed location of business; applicant's experience and qualifications to engage in such business; proposal rates to be charged for transportation of passengers; description of equipment proposed to be used; information showing financial ability of applicant to conduct such business; and a statement showing public interest by reason of the operation of any such vehicle for hire.
(Ord. 6386, 1982; Ord. 20-10, 2020)
A.
Drivers shall be at least 21 years of age and shall possess a valid driver license, proof of motor vehicle registration, and proof of current automobile liability insurance that meets the requirements of this chapter and state law.
B.
All drivers must pass a criminal background check. Prior to permitting a person to function as a driver, and annually thereafter, the operator shall conduct, or have a qualified third-party conduct, a criminal background check. The criminal background check shall include a search of no less than the most recent seven years, unless prohibited by law, in which case the duration of the search shall be the maximum number of years permitted by law. The criminal background check shall include local, state, and national criminal history databases and all accessible sex offender registries. Any person who is on a sex offender registry, or any person that has a record of a felony conviction within the previous seven years may not act as a driver. A record of a conviction of any of the following within the previous seven years will also disqualify a person from acting as a driver: crimes involving driving under the influence of alcohol or controlled substances, sexual offenses, or crimes involving physical harm or attempted physical harm to a person. The operator shall maintain records of a criminal background checks for a period of at least two years. For purposes of this section, the term "conviction" includes convictions, bail forfeitures, and other final adverse findings. The City may conduct a supplemental background check at its sole discretion.
C.
If at any time a driver violates the standards set forth in this section, the operator shall revoke the driver's authority to function as a driver and inform the City immediately.
(Ord. 6386, 1982; Ord. 6599, 1990; Ord. 20-10, 2020)
A.
Insurance requirements of this section shall be satisfied by insurance issued by a licensed insurer or an eligible surplus lines insurer in the State of Oregon.
B.
The insurance limits for operators are subject to statutory changes as to maximum limits of liability imposed on municipalities of the State of Oregon during the permit's term, or other statutory changes.
C.
The adequacy of insurance coverage is subject to the review and approval by the City.
D.
Every operator shall maintain continuous, uninterrupted coverage for the duration of the License and any operations in the City. Any lapse in insurance coverage, even if it is later backdated by the insurance company, is a violation of this chapter.
E.
Operators shall secure and maintain commercial general liability insurance with limits of not less than $1,000,000.00 per occurrence and $2,000,000.00 aggregate for claims arising out of, but not limited to, bodily injury and property damage incurred in the course of operating in the City.
(Ord. 6386, 1982; Ord. 6599, 1990; Ord. 20-10, 2020)
A.
Except as provided in subsection B below, any taxicab operated in the City shall be equipped with a meter.
B.
Taxicabs designed or constructed to accommodate and transport more than five passengers, exclusive of the driver, may charge a flat rate per hour or fraction thereof in lieu of use of a meter.
C.
At the time a review application is filed with the City, the applicant shall include the proposed flat rate or meter rate to be approved by Council.
D.
The City Manager is hereby authorized to establish a schedule of fees, charges, meter rates and flat rates for all taxicabs operating in the City and to periodically amend the schedule when deemed appropriate; provided, however, that prior to adoption and implementation of the schedule, including any periodic amendments, the proposed schedule, reflecting all changes, shall be provided to Council not less than 10 days prior to implementation. If any Council member objects to the proposed schedule, the matter shall be placed on the agenda of a regularly scheduled Council meeting and Council may approve, disapprove or modify the proposed schedule after a public hearing on the matter. A proposed schedule that has been objected to by a Council member shall not be implemented until the Council has rendered its decision.
(Ord. 6303, 1980; Ord. 6386, 1982; Ord. 6437, 1983; Ord. 05-19, 2005; Ord. 20-10, 2020; Ord. 21-07, 2021)
No person shall drive a vehicle for hire without an identification card issued by the operator
(Ord. 6507, 1986; Ord. 20-10, 2020)