[1]
For statutory provisions requiring a license to carry passengers, see RCW 46.16.180; for provisions regulating for-hire vehicles, see generally Chapter 46.72 RCW.
"Rate schedule notice"
means text together with numbers and symbols which state the rates charged for services. Such notices shall not include business names, images, or other elements which do not directly communicate rates, per the determination of the city administrator.
"Taxicab or motorized vehicle for hire"
means any motorized vehicle used for the transportation of passengers for compensation upon the streets of Leavenworth and which is available for use by the general public, excluding LINK Transit, commercial buses, charter bus services and limousine carriers licensed under Chapter 46.72A RCW.
"Vehicle identification number"
means any number assigned to the taxicab or motorized vehicle for hire by any federal, state, or local agency.
"Vehicle side"
means the total surface area of the side of the vehicle on which signage or murals are to be located. Each vehicle is limited to one driver's side, one passenger's side, one hood (excluding grill area and bumper), one roof, and one rear (including bumper). For the purposes of this chapter, total surface available for signs or murals shall exclude window areas necessary for operations and adherence to required visibility standards.
(Ord. 1287 § 1, 2007; Ord. 1294 § 1, 2007; Ord. 1464 § 1 (Att. A), 2013)
A. 
A taxicab or motorized vehicle for hire shall not be operated upon the streets of Leavenworth without first obtaining a license pursuant to this chapter.
B. 
An applicant for a taxicab or motorized vehicle for hire license under this chapter must submit:
1. 
Proof of ownership or licensee's interest in the vehicle(s) and/or the name and address of the owner of the vehicle.
2. 
The make, model, year of manufacture, color, identifying insignia, and license plate number of the vehicle.
3. 
Proof of holding a current and valid Washington State driver's license for all drivers of the business who will operate within city limits.
4. 
Current and valid abstract of driving record provided by the Washington State Department of Licensing for all drivers of the business who will operate within city limits. Such records shall show proof of no conviction of a felony relating to the fitness or ability to operate a for-hire vehicle within 10 years, or driving under the influence of intoxicants or drugs or reckless driving within five years.
5. 
A statement of the licensee, and all drivers of the business who will operate within city limits, that he/she is not and has not for the five years preceding been addicted to the use of intoxicating liquor or drugs and has no conviction of an offense involving moral turpitude.
6. 
A certificate of automobile liability insurance, naming the city as an additional insured, in the minimum amount of $1,000,000. The insurance liability limits herein shall be subject to automatic increase if the coverage required by state law is increased above $1,000,000 for state for-hire vehicle licenses.
7. 
A current and valid city of Leavenworth business license or application for city business license.
8. 
A maintenance plan to ensure proper vehicle operation and public safety which shall be filed with and approved by the city.
9. 
Proposed routes and stands and/or proposed method of operation.
10. 
A proposed schedule of rates and fares demonstrating compliance with LMC § 5.36.080.
11. 
Proof of notice of decision and/or action of the Leavenworth design review board demonstrating approval and compliance with Old World Bavarian Alpine theme regulations as found within LMC § 5.36.060 for signs and/or murals.
12. 
License and application fees as established pursuant to the city's fee schedule and LMC § 5.36.040.
(Ord. 1287 § 1, 2007; Ord. 1464 § 1 (Att. A), 2013)
All licenses issued shall contain the name and address of the person or company to whom the same is granted, and the identification and license plate number of the vehicle which is licensed.
(Ord. 1287 § 1, 2007; Ord. 1464 § 1 (Att. A), 2013)
A. 
Each license issued shall be for one taxicab or motorized vehicle for hire.
B. 
The city shall issue no more than five licenses per year.
C. 
One license will be issued per vehicle. One license shall be issued per taxicab or motorized vehicle for hire company with the following exception:
1. 
One company may apply for more than one license if all five of the available licenses referred to above have not been issued.
D. 
The annual license fee shall be established pursuant to the city's fee schedule.
E. 
The license fee shall be due and payable on the first day of July of each year. Any business commenced between July 1st and December 31st of any year shall pay the license fee or tax at the rate per the fee schedule.
F. 
Any business commenced between January 1st and June 30th of any year shall pay a license fee or tax at a rate equal to one-half of the rate per the fee schedule.
G. 
A temporary license valid for a period of six months only may be obtained by paying a license fee or tax at the rate of one-half of the rate per the fee schedule.
H. 
Payment of the annual license fee provided herein shall be subject to penalties per the city's fee schedule if paid on or after July 31st of each year.
I. 
No license shall be issued by the city administrator or his/her designee until the applicant has paid the required fee for the current year and unless the applicant has complied with all the laws of the state and the city relating to and governing the operation of such vehicles.
J. 
The city may terminate any license or permit granted in the event the city council modifies by ordinance this chapter. In such event, any prepaid license or permit fee shall be refunded on a pro rata basis.
(Ord. 1287 § 1, 2007; Ord. 1464 § 1 (Att. A), 2013)
Each vehicle to be operated as a taxicab/motorized vehicle for hire shall be issued a separate license in compliance with this chapter. Such license shall not be transferable.
(Ord. 1287 § 1, 2007; Ord. 1464 § 1 (Att. A), 2013)
A. 
All the design and signage of the vehicle for hire shall be consistent with the Old World Bavarian Alpine theme and sign codes. The following standards shall apply:
1. 
Signs and/or murals shall be applied directly to the surface of the vehicle.
2. 
Signs and/or murals shall be flush with the surface of the vehicle.
3. 
Signs shall contain only the name and phone number of the business for which the taxi is currently licensed under this chapter. No advertising of other businesses shall be allowed. For the purpose of this chapter, text or lettering for vehicle identification numbers and rate schedule notices shall not be considered signage; provided, that the area of a vehicle identification number shall not exceed one square foot in area and is limited to one such number per vehicle side, and a rate schedule notice shall not exceed two square feet in area and is limited to one such notice per vehicle side.
4. 
Signs shall be limited to a maximum of 50 percent of the vehicle side on which the signage is to be located.
5. 
A single lightbar shall be limited to the word "taxi" located on the roof of the vehicle, and not to exceed two square feet in area and/or protrude more than one foot from the surface of the vehicle. No other protrusions or lighting which increases the conspicuity of the vehicle, including but not limited to flags, streamers, glow lights/bars, strobes, signaling devices, neon, or other similar appurtenance, shall be allowed except as required by law.
6. 
Vehicles shall be painted in a solid color. All other color schemes shall be considered murals for the purpose of this chapter.
7. 
Vehicle murals shall be limited to a maximum of 80 percent of the total surface area of the vehicle side on which the mural is to be located. Signs can be incorporated into murals only if the sign portion of the mural is consistent with the other requirements of this chapter, including, but not limited to, number, location, and area.
8. 
All signs shall be compliant with the design standards of Chapter 14.10 LMC.
9. 
All murals shall be compliant with the design standards of Chapter 14.08 LMC.
10. 
All signs, lightbars, murals and related features shall be subject to the approval of the Leavenworth design review board.
11. 
Permit applications shall be submitted in accordance with submittal requirements of Chapters 14.08 and 14.10 LMC and other appropriate provisions of the Leavenworth Municipal Code.
(Ord. 1464 § 1 (Att. A), 2013)
A. 
It is a violation and grounds for suspension or revocation of a taxicab or motorized vehicle for hire license for any licensee and/or driver to:
1. 
Commit two or more traffic violations while driving a vehicle for hire during any 12-month period.
2. 
Be guilty of a felony involving moral turpitude.
3. 
Be guilty of reckless driving or driving offenses while driving a vehicle for hire involving the use of alcohol or drugs.
4. 
Fail to deliver to the sheriff's office at City Hall within 24 hours any property of value left in any taxicab or motorized vehicle for hire.
5. 
Allow a person to enter or alight from the vehicle while it is in motion or pick up or discharge a passenger at any place other than the curb, pavement edge, parking stall, or similar structure.
6. 
Allow a passenger to consume intoxicating liquor or retain an open container of liquor or to consume or use controlled substances while in the vehicle for hire.
7. 
Refuse to pick up as a passenger any person of proper deportment when the vehicle is available.
8. 
Discriminate against any person because of race, religion, national origin, gender, marital status, age, or mental or sensory handicap.
9. 
Solicit passengers in a loud or undisciplined tone of voice.
10. 
Cause or allow the required insurance to terminate during the term of the license, either by expiration or cancellation.
Termination or discontinuance of the required insurance shall automatically terminate the taxicab/motorized vehicle for hire license. No refunds of fees associated with licensing shall be granted in the case of license termination, and the licensee shall be subject to re-licensing in order to continue operations within the city.
B. 
Every licensee and/or driver has an affirmative and continuing obligation to ensure that:
1. 
All insurance, records, documents, and information required under this code are kept current and accurate.
2. 
A vehicle shall not be operated by a driver under the influence of intoxicating liquor or drugs.
3. 
No unfair method of competition or deceptive practice is engaged in.
4. 
No person or class of person is illegally discriminated against.
5. 
The taxicab/motorized vehicle for hire is equipped as required by state law.
6. 
The taxicab/motorized vehicle for hire is kept in a safe and sanitary condition at all times. The city administrator or his/her designee shall have the right, but not the obligation, to inspect taxicabs and motorized vehicles for hire and other equipment for the purpose of ascertaining and causing to be corrected any unsafe or unsanitary condition or other violation of this chapter.
7. 
All traffic laws are obeyed.
8. 
All laws, regulations, and licensing required by any jurisdiction for the operation of a motorized vehicle for hire business, including but not limited to city and state business licensing, shall be maintained in good standing for the term of the license.
(Ord. 1287 § 1, 2007; Ord. 1464 § 1 (Att. A), 2013)
A. 
Any person owning, operating, or controlling any taxicab or motorized vehicle for hire within the city shall file a proposed schedule of rates with the city clerk-treasurer.
B. 
A licensee for a taxicab or motorized vehicle for hire must adhere to the following requirements:
1. 
Rates shall be uniform for all vehicles for hire of the same company.
2. 
Before putting into effect any changes in rates, a licensee must file a new schedule with the city clerk-treasurer at least 15 days in advance of such change.
3. 
Any separate rates for service charged by the licensee must clearly specify when and under what conditions the respective rates will apply.
4. 
The fare schedule shall be posted in a prominent place not visible from the street but visible within the interior of every taxicab or motorized vehicle for hire.
5. 
The licensee shall keep the license and all documents showing compliance with the requirements of this code available for inspection by the city administrator or his/her designee at the office address shown on the license.
6. 
If the holder operates only one for-hire vehicle, the records shall be kept on the holder's person or with the vehicle, in which case they shall be available for inspection by a law enforcement officer or city official.
7. 
Every licensee must keep the required records at least three years.
A. 
It is unlawful and a civil infraction for the owners, operators, or drivers of any taxicab or motorized vehicle used in carrying passengers for hire to allow such vehicle, while not actually loading or unloading the same, to stand or park upon any street or sidewalk in the city.
B. 
The public works director must approve a specific route set forth in the application including places not normally accessible to motorized vehicles.
(Ord. 1287 § 1, 2007; Ord. 1457 § 1 (Att. A), 2013)
A. 
Under no circumstances shall the operators of said vehicles park or operate on private property without prior written consent of the property owner.
B. 
Consent of the owner does not invalidate any requirements of this chapter or any other applicable regulations.
(Ord. 1287 § 1, 2007)
A. 
It is a civil infraction for any person to violate or fail to comply with any of the provisions of this chapter and the violator shall pay a civil penalty of $250.00 for each violation.
B. 
Each day a violation exists shall be considered a separate civil infraction.
(Ord. 1287 § 1, 2007)
A. 
The city administrator or his/her designee may permanently revoke any license, or suspend the same for good cause shown, subject to the right of appeal to the hearing examiner, to be prosecuted by filing a notice with the hearing examiner within 10 days thereafter. The hearing examiner will appoint a day for hearing the appeal, giving appellant at least 10 days prior notice in writing thereof.
B. 
The term "good cause," as used herein, means proof of carelessness, negligent or reckless driving, termination or reduction in licensee's liability insurance, or failure to comply with the terms of this chapter or other ordinances or laws pertaining to all for-hire vehicles.
(Ord. 1287 § 1, 2007)
A. 
Neither the city nor its employees shall be liable for any claim, loss, injury, or damage to persons or property of whatever kind or nature caused in whole or in part by or arising directly or indirectly out of the issuance of any license hereunder, or the conduct or operation of any such taxicab or motorized vehicle for hire business.
B. 
Prior to the issuance of a license, the applicant shall execute and deliver to the city on a form supplied by the city clerk-treasurer an agreement in writing to defend, indemnify, and hold harmless the city and its employees from any and all claims, actions, or damages of every kind and description which may accrue to, or be suffered by, any persons by reason of or related to the operation of such for-hire vehicle. Licensee shall notify the city within 15 days after it has been presented with any claim, suit, or action, or if any change should occur with licensee's liability insurance coverage.
(Ord. 1287 § 1, 2007)