The purpose of this chapter is to provide for the safe operation of taxicabs and for-hire vehicles and the proper regulation of the use of city streets for the convenience of the traveling public, and for the safety in the transportation of people within the city.
(Ord. 4033 § 3 (Exh. A), 2026)
The following terms, for the purpose of this chapter, are defined as follows:
A. 
“Approved mechanic”
means a mechanic who is not employed by or associated with the applicant and who is certified by the National Institute of Automotive Service Excellence.
B. 
“For-hire vehicle”
means a vehicle used for the transportation of passengers except auto stages, school buses operating exclusively under a contract to a school district, ride sharing vehicles, limousine carriers, nonprofit transportation providers for aging or disabled persons, and transportation network company vehicles regulated under Chapter 46.72B RCW.
C. 
“Operating”
means using a taxicab at any time to transport any passenger for compensation from a point within the corporate limits of the city.
D. 
“Taxicab license”
shall mean a special license issued to a taxicab business.
E. 
“Taxicab”
means and includes every motorized for-hire vehicle that is used or held out to the public as providing transportation to passengers:
1. 
Where the route traveled, destination, or both route and destination are controlled by the customer; and
2. 
Where the fare is based on an amount recorded and indicated on a taxi meter.
F. 
“Taxicab driver”
means any a person who drives a taxicab or for-hire vehicle being used to convey passengers for compensation, regardless of whether the taxicabs or for-hire vehicles so operated are owned by the company, or leased, or owned by individual members of the entity.
G. 
“Taxicab business”
means any person, firm, association, or legal entity owning, managing, or otherwise carrying on a business of conveying passengers for hire in taxicabs or for-hire vehicles. A taxicab business includes engaging in any combination of owning, leasing, advertising, driving, or operating a taxicab to at any time transport any passenger for compensation from a point within the incorporated limits of the city.
H. 
“Taxi meter”
means a device by which the charge for hire of a taxicab is mechanically and/or electronically measured or calculated based upon a combination of mileage traveled and time elapsed.
(Ord. 4033 § 3 (Exh. A), 2026)
The city manager or designee shall have the primary authority and responsibility for the administration and enforcement of this chapter and may adopt rules and regulations for its administration and enforcement, not inconsistent with this chapter.
(Ord. 4033 § 3 (Exh. A), 2026)
A. 
It is unlawful for any taxicab business to operate without a current valid business license as provided in Chapter 5.02, unless exempt as provided in that chapter.
B. 
It is unlawful for any taxicab business or taxicab driver to operate without a current and valid taxicab license as provided in this chapter.
C. 
Applications for a taxicab license or any renewals shall be in writing on forms provided by the city and filed with the finance director. The application shall provide the following information:
1. 
Name and address of the applicant;
2. 
Name and address of the taxicab business and owner of the company;
3. 
Number of vehicles to be operated for the taxicab business;
4. 
An affidavit sworn under penalty of perjury, on a form provided by the city, that to the best of the applicant’s knowledge, formed after a diligent inquiry into the facts, the owner of the taxicab business and its taxicabs and taxicab drivers are in full compliance with this chapter, including, but not limited to, all driver, vehicle, insurance, and operational requirements;
5. 
Proof of annual vehicle inspections as required by Section 5.60.040A;
6. 
Proof of background check for taxicab drivers as required by Section 5.60.040C;
7. 
Such other information as the city may require as relevant to the provisions contained in this chapter;
8. 
The application shall be accompanied by a nonrefundable fee in an amount set by resolution of the city council for the processing of the application.
D. 
Upon receipt of such application, the finance director shall transmit the application to the chief of police to evaluate compliance with this chapter. The finance director shall issue or deny the taxicab license depending on the results of the evaluation.
E. 
The taxicab license shall be effective for one year and must be renewed annually on or before the expiration date of the license in order to continue operating after the expiration date.
F. 
The city may accept the review and attestation of compliance provided by another jurisdiction within Cowlitz County so long as the standards of that jurisdiction are substantially similar to the standards set by the city under Section 5.60.040.
G. 
The amount of the taxicab license fee and any annual renewal fee shall be in an amount set by resolution of the city council and shall be paid at the time application submittal.
H. 
Taxicab drivers who are independent contractors, affiliated with and operating under a taxicab business licensed in accordance with this chapter are not required to obtain a separate taxicab license, but must still comply with the city business license requirements of Chapter 5.02 and the operational requirements of this chapter. Taxicab drivers who are not affiliated with or operating under an existing taxicab business license are required to obtain a separate taxicab license as a taxicab business.
(Ord. 4033 § 3 (Exh. A), 2026)
The following minimum standards shall apply to the operation of taxicabs within the city. The taxicab business shall maintain for a minimum of three years, records showing proof of annual vehicle inspections as required by subsection A of this section and proof of background checks for taxicab drivers as required by subsection C of this section.
A. 
Vehicle Safety and Maintenance. Each taxicab shall not be more than fifteen years old. Each taxicab shall pass an inspection prior to commencing services in the city and annually thereafter, by an approved mechanic as defined in this chapter. The taxicab business shall file an affidavit annually with the finance director that each vehicle passed a safety inspection performed by an approved mechanic. Such inspection shall, at a minimum, include the following components:
1. 
Foot brakes;
2. 
Parking brakes;
3. 
Steering mechanism;
4. 
Windshield;
5. 
Rear window and other glass;
6. 
Windshield wipers;
7. 
Headlights;
8. 
Taillights;
9. 
Turn indicator lights;
10. 
Stop lights;
11. 
Front seat adjustment mechanism;
12. 
Doors (open, close, lock);
13. 
Horn;
14. 
Speedometer;
15. 
Bumpers;
16. 
Muffler and exhaust system;
17. 
Condition of tires including tread depth;
18. 
Interior and exterior rear view mirrors;
19. 
Safety belts for driver and passengers.
B. 
The taxicab business shall maintain all taxicabs in compliance with the requirements of RCW Title 46, WAC Title 204 and this chapter at all times. Failure to comply with these requirements shall be cause for the city to suspend the vehicle from use as a taxicab in the city until the vehicle can pass the safety inspection.
C. 
Taxicab Driver Requirements.
1. 
The taxicab business shall maintain accurate and up-to-date records for all taxicab drivers employed by or operating as independent contractors for the taxicab business to operate in the city. Said records shall include the driver’s name, age, address, social security number, criminal history, driver’s license, motor vehicle registration, and automobile insurance.
2. 
Prior to permitting a person to operate as a taxicab driver and annually thereafter, the taxicab business shall conduct, or have a nationally accredited third-party conduct, a local and national criminal background check for the driver to include a review of (a) multistate/multijurisdictional criminal records locator and (b) publicly accessible national sex offender registries.
3. 
Prior to permitting a person to operate as a taxicab driver and annually thereafter, a taxicab business shall obtain and review a driving history report for the driver.
4. 
No person shall operate a taxicab or for-hire vehicle in the city if the person:
a. 
Has had more than three moving violations in the prior three-year period, or one of the following major violations in the prior three-year period:
i. 
Attempting to elude the police pursuant to RCW 46.61.024:
ii. 
Reckless driving pursuant to RCW 46.61.500; or
iii. 
Driving on a suspended or revoked driver’s license pursuant to RCW 46.20.342 or 46.20.345;
b. 
Has been convicted within the past seven years of:
i. 
Any class A or B felony in RCW Title 9A;
ii. 
Any violent offense as defined in RCW 9.94A.030 or serious violent offense as defined in RCW 9.94A.030;
iii. 
Any most serious offense as defined in RCW 9.94A.030; or
iv. 
Driving under the influence, hit and run, or any other driving-related crime pursuant to RCW 46.61.500 through 46.61.540;
c. 
Has been convicted of any sex offense as defined in RCW 9.94A.030 or is a match in the United States Department of Justice national sex offender public website;
d. 
Does not possess a valid driver’s license;
e. 
Does not possess proof of automobile liability insurance for the motor vehicle or vehicles used to provide prearranged rides;
f. 
Is not at least twenty years of age; or
g. 
Has not self-certified that he or she is physically and mentally fit to be a taxi or for-hire vehicle driver.
5. 
Subsections C4a and C4b of this section apply to any conviction of any offense committed in another jurisdiction that includes all of the elements of any of the offenses described or defined in subsections C4a and C4b of this section.
6. 
For purposes of subsection C4a of this section, multiple moving violations shall be treated by as a single moving violation if the driver can demonstrate that the violations arose from a single incident.
7. 
Any collision where the driver can demonstrate that he or she was not at fault for the collision shall not be considered a moving violation under subsection C4a of this section.
8. 
The taxicab business must establish a clear background check policy consistent with this section that informs drivers of any thresholds for categories of violations and any other factors which will result in a restriction of driving taxicabs or for-hire vehicles.
D. 
Insurance. Each taxicab business and taxicab driver must comply with the surety and automobile liability insurance requirements contained in Chapter 46.72 RCW as enacted or subsequently amended. Each taxicab driver shall maintain within their taxicab proof of insurance satisfying the requirements of this chapter. Such proof may be provided electronically.
(Ord. 4033 § 3 (Exh. A), 2026)
Any taxicab business or taxicab drivers who shall fail to comply with any provision or standard of this chapter or the standards adopted thereunder shall be in violation of this chapter and such violation shall be grounds for revocation of the taxicab license.
A. 
Submitting a Materially False Affidavit or Attestation, or Inspection Report. Any taxicab company owner or employee or taxicab driver submitting a materially false affidavit as provided for under Section 5.60.030C4 or inspection report under Section 5.60.040A shall be subject to a fine of not more than ten thousand dollars for each affidavit submitted and shall be subject to revocation of its taxicab license.
B. 
Operating Without a Taxicab License. Any taxicab business or taxicab driver picking up a passenger in the city of Kelso without operating under a current valid taxicab license shall be in violation of this chapter.
(Ord. 4033 § 3 (Exh. A), 2026)
If it is determined that any taxicab business or taxicab driver has violated or failed to comply with any provision of this chapter, the city may suspend or revoke the taxicab license. If a vehicle is not in compliance with Section 5.60.040A, the city may suspend the vehicle from operation as a taxicab until such proof of compliance has been submitted to the city. No license shall be reinstated or suspension lifted until all penalties assessed under this chapter have been paid. Any person whose license is revoked or whose vehicle is suspended by the city shall have the right to appeal to the city hearing examiner from any such order by filing with the finance director or designee a written notice thereof within fourteen days after the entry of the order of revocation or suspension. The appeal shall be processed in accordance with Chapter 1.50.
(Ord. 4033 § 3 (Exh. A), 2026)
Any person violating or failing to comply with any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine in any sum not exceeding one thousand dollars or by imprisonment for a period not exceeding ninety days, or by both such fine and imprisonment.
(Ord. 4033 § 3 (Exh. A), 2026)