The URL can be used to link to this page

Home My WebLink AboutOrdinance No. 19845ORDINANCE NO. 19845 AN oRDINANCE CONCERNING PUBLIC PASSENGER VEHICLES; AMENDING 5ECTIONS 3.005, 3.025, 3.042 AND 3.345 OF THE EUGENE CODE, 1971; REPEALING SECTIONS 3.894 AND 3.896 OF THAT CODE; AND DECLARING AN EMERGENCY. THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS: Section 1. The definitions for "Airport shuttle," "Charter or tour bus, " "Motorized vehicles, " "Public passenger vehicle, " and "Taxi cab, " set forth under the Licensed Businesses definitions for Public Pasenger Vehicles in Section 3.005 of the Eugene Code, 1911 are amended, anew definition for "Accessible vehicle" i s added thereto, and the definitions set forth under Uniform Business Practices definitions for Wheelchair Vehicles in Section 3.005 of the Eugene Code, 1971, are repealed, all to provide: 3.005 Definitions. For the purposes of this chapter, the following words and phrases shall mean; Licensed Businesses Public Passenger Vehicles: Accessible vehicle. Any public passenger vehicle for hire that i s constructed and equipped to meet ADA standards for the non- emergency transportation of persons in wheelchairs, persons using other mobility aids, or with other mobility impairments. ADA. Americans with Disabilities Act. Shuttle. A motori zed vehicle for hire that transports passen- gers between predetermined destinations ~e.g. motels, airport, downtown passenger station, at fixed rates and on a fixed schedule. Charter vehicle. A motorized vehicle originating from the Eugene-Springfield Metropolitan Area, marked with the company's business name, operated for hire to transport a group Of seven or more persons with the fare based on a group rate rather than an individual basis. Tour bus . A motori zed vehicle accepting individual passengers for a fare for sightseeing or guided tours, making occasional stops at certain points of interest and returning the passengers to the point of origin. Motorized vehicle. A public passenger vehicle other than a horse-drawn carriage or anon-motori zed bike cab. Pu is passenge _ ~^~ ,,,, ,,,r vehicle. Any vehicle which is used for the transportation of passengers for hire, including, but not limited Ordinance - 1 to, 1 imausines, shuttles, horse-drawn carriages, non-motorized bike cabs, and taxi cabs . However, the fol 1 owl ng shall not be con- sidered public passenger vehicles far purposes of this chapter: 1. Vehicles, other than shuttles, operated pursuant to written authority by the city, state ar federal governments, or political subdivisions thereof; 2. Vehicles commonly known as rent-a-cars, that are rented to be driven by the renter or his or her agent; 3. Courtesy car services; 4, Tour bus services; and 5. First aid vehicle, as that term i s defined i n sec- tion 3.OO5 of this code. Taxicab. A motorized vehicle that is operated for hire by the public passenger vehicle company, other than a shuttl e, l i mou- sine, or charter. Section 2. Subsection ~1} of Section 3.025 of the Eugene Code, 1971, is amended to provide: 3.025 Business Licenses -Approval of Application. ~ 1 } The city may i ssue a l i tense upon finding that the applicant has met all requirements of federal , state and county 1 aw, this code, i n- cluding compliance with city zoning regulations within the urban growth boun- dary, and rut es made pursuant to this code. Section 3. Section 3.042 of the Eugene Code, 1911, is amended to pro- vide: 3.042 Business licenses -Complaints. ~ l~} The council ~~f nds that the city's financial resources are i n- suf f i ci ent to pursue all al 1 eged violations of this code. Instead, the city should, within oval 1 abl a resources, focus on those violations which pOSe the greatest threats to public health and safety. In order to ensure same re- course fvr individuals affected by violations which the city will not pursue, a private cause of action i s enacted . Nothing i n this section restricts or otherwise affects any enforcement authority granted elsewhere i n this cede. ~2} Any person having a complaint regarding the services per- formed by a licensee may file a complaint in writing with the city manager i f the complaint involves an alleged vi o1 ati an of this chapter. ~3} Within five days of receipt of a compl ai nt the city manager or designee shall indicate, in writing, whether the city intends to pursue enforcement action. The city's failure to respond within five days shall be deemed, for purposes of subsection ~4} hereof, a determination not to pursue enforcement action. If the city manager or designee timely issues a written determi nati an that the city intends to pursue enforcement action, the city manager ar designee may issue a subsequent determination indicating that the city no 1 onger intends to pursue enforcement action . Such a determi na- Ordinance • 2 ti on shall have the same effect as an initial determi nati an not to pursue enforcement action . ~4} If the city manager or designee determines under subsection ~3} above not to pursue enforcement action, any person claiming to be aggrieved by an al 1 aged violation shat 1 have a cause of action against a responsible person, in any state court of competent jurisdiction, for such equitable remedies as may be appropriate. Far purposes of this section, responsible person means the violator and any 1 i censee for wham the violator works in either an independent contractor ar employee capacity. Section 4. Subsections ~5} and ~6} of Section 3.345 of the Eugene Code, 1971, are amended, Subsections (7) and (8) thereof are repealed, and Subsec- tions (9) and (10) are renumbered (7) and (8) respectively, to provide: 3.345 Public Passen er vehicle Services - License and or Permit Re wired. ~5} ,All public passenger vehicle companies shall provide the city manager or designee with written notice of the maximum rate to be charged passengers. No public passenger vehicle company shall change its maximum rate without first providing the city manager or designee with a minimum of ten days advance written notice of the new rate. No public passenger vehicle company shall charge more than the rate on file with the city. Upon request, the ,city manager may exempt, by ,administrative order, a publ i c passenger vehi cl a company from the prove s~ ons of this section i f the public passenger vehicle company does not operate any taxicabs. ~6} The actual fare charged for each trip by a taxi cab shat 1 not exceed the higher of either: ~ a} The meter calculated rate, including authorized and posted surcharges, or ~ b} The minimum fare as posted on the interior and exterior of the vehicle. ~ l} The city manager shall adopt rules setting standards and establishing requirements. for public passenger vehicle companies; public passenger vehicles; public passenger vehi c1 a drivers; and the issuance of licenses for companies, permits for vehicles, and certifications and tempor- ary certifications for drivers. Such rules shall be consistent with this code and be designed to ensure that the public safety is protected, the public needs are met, and the public convenience i s promoted. ~8} In addition to requirements established by rule to obtain a 1 i tense, each public passenger vehicle company must desi gnate a registered agent who may be served with any process, notice or demand required or per- m~tted,by law to be served upon the company. The registered agent shall be an ~ nd ~ v ~ dual or bus ~ Hess 1 ocated i n Eugene or Springfield, and must be available for service of legal process during all hours that the public passenger vehicle company is in operation. Section 5. The caption preceding Section 3.894 of the Eugene Code, ordinance - 3 1911, and Secti ans 3.894 and 3.896 of that Code are repealed. Secti an 6. The City Recorder, at the request of , or with the concur- rence of the City Attorney, i s authorized to administratively correct any reference errors contained herein, or in other provisions of the Eugene Cade, 1911, to the provisions added, amended, or repealed herein . Section 1. That the matters contained herein concern the public welfare and safety and therefore, an emergency is hereby declared to exist, and this Ordinance shall become effective immediately upon its passage by the Counci 1 and approval by the Mayor, retention by the Mayor for more than ten days, or readoption over a Mayoral veto by two-thirds of all members of the City Gaunc i ] . Passed by the City Council this 27th day of April, 1992 %~~`' ~ City Rec rder Approved by the Mayor this 27th day of April, 1992 ,.~ ~ f f,.. / ,,:, ~, ~ !~ ~ ~~ ~.- ~ ,f` ,- ayor Ordinance - 4