HomeMy WebLinkAboutOrdinance No. 19737ORDINANCE N0. 19737
AN ORDINANCE CONCERNING PUBLIC PASSENGER VEHICLES;
AMENDING SECTIONS 3.005, 5.010, AND 5.040 OF THE EUGENE
CODE, 1911; AMENDING AND RENUMBERING SECTION 3.578 OF
THAT CODE; REPEALING SECTIONS 3.759 AND 3.880 OF THAT
CODE; AND PROVIDING AN EFFECTIVE DATE.
RECITAL:
This Ordinance is intended to require that those persons operating
public passenger vehicles in the Eugene-Springfield Metropolitan area do so
in a safe and efficient manner. The public passenger vehicle industry should
be allowed to operate without unnecessary restraint, but, because public pas-
senger vehicles constitute an essential part of the Eugene-Springfield metro-
politan transportation systems and because transportation so fundamentally
affects the metropolitan area's well being and that of its citizens, some
regulation is necessary to ensure that the public safety is protected, the
public needs provided, and the public convenience promoted. It is intended
that the public passenger vehicle industry primarily regulate itself, under
City supervision, to promote innovation and adaptation tv changing needs, and
to allow competition in response to the economic farces of the market p1 ace,
so long as the public interest is served. This Ordinance is not intended to
displace competition with regulation ar monopoly public service.
NOW, THEREFORE,
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
Section 1. The definitions set forth under Uniform Business Practices
in Section 3.005 of the Eugene Code, 191I for Taxi and Limousine are moved
to be inserted in alphabetical order under the Licensed Businesses heading of
that section, and amended to provide:
Ordinance - 1
3.445 Definitions. For the purposes of this chapter, the following words
and phrases shall mean:
Licensed Businesses
Public Passenger Vehicles:
Air ~~~ort shutt~~~~~~
~e. A motorized vehicle for hire that trans-
ports passengers between the Eugene Airport and predetermined des-
tinations ~e.g, motels, downtown passenger station}, at fixed
rates and at regular times.
Business. Any business, institution, association, occupation,
and calling of every kind.
Charter or Tour bus. A motorized vehicle designed for carry-
ing ~5 or more passengers, exclusive of the driver, operated far
hire either ~l~ to transport persons between the Eugene-Springfield
Metropolitan Area and locations outside that area, not including
the Eugene Airport, and ~2} tv provide tours wholly or partially
w~th~n the Eugene-Spr~ngf~eld Metropolitan Area.
Courtesy ca,r service. Vehicular passenger transportation ser-
vice provided by a business to its clients or customers at no cost.
Em 1_p oyes,, Any person employed for remuneration or under any
contract of hire, written or oral, express or implied, including
independent contractors. A11 persons who drive public passenger
vehicles, ~nclud~ng any person who has an ownership interest in
the company, shall be considered employees of the public passenger
vehicle company for purposes of this chapter.
limousine. An unmarked motor vehicle that is operated for
hire on an hourly basis by the public passenger vehicle company
and used on a prearranged basis for special or business functions,
weddings, funerals or similar purposes.
Manager. Any person in charge of the operation ar management
of the public passenger vehicle company, any person who can direct
or control the activities and scheduling of the company's employees,
and any person who can hire or fire the company's employees.
Notarized vehicle, A public passenger vehicle other than a
horse-drawn carriage.
O erator. Any person who is a principal in a public passen-
ger vehicle company. A principal includes all owners, shareholders,
partners, directors, officers and managers,
Public passenger, vehi cl e. Any vehi c1 a which i s used for the
transportation of~~passengers_for hire, including, but not limited
to, limousines, airport shuttles, horse-drawn carriages, and taxi-
cabs. However, the fallowing shall not be considered public pass-
enger vehicles far purposes of this chapter:
I. Vehicles operated pursuant to written authority by
the city, state or federal governments other than airport
shuttles;
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. Charter or tour bus services; and
5. First aid or wheelchair vehicles, as those terms are
defined in section 3.005 of this Cade.
Ordinance - 2
Pu _ i c assen., er v,,,,_,,.,,,_,_
_g_ ,,_ehi cl a cvm,pany. Any business which operates
one or more public passenger vehicles, regardless of who owns the
vehicles operated.
Taxicab, A motorized vehicle that is operated for hire by
the public passenger vehicle campany, other than an airport shuttle
and 1 imousine.
Taxi meter. A mechanical or electronic device which calcu-
lates and displays a fare.
Section Z. Sections 3.519 and 3.880 of the Eugene Code, 1971, are re-
pealed, and Section 3.875 of that Code is renumbered 3.345 and amended to
provide:
Public Passen er vehicle Services
3.345 Public Passen er vehicle Services - License and or Permit Re aired.
etl} No person or business may operate a public passenger vehicle
company without a pub1~c passenger vehicle company license; however, an un-
licensed public passenger vehicle operating outside the jurisdictional limits
of Eugene and Springfield may deliver a fare from outside those limits to a
location within the limits, and if the vehicle waits for the person, re-
trieve the person for the return trip back outside the jurisdictional limits.
No unlicensed public passenger vehicle company may solicit or accept any
passenger w~th~n the city l~m~ts except as provided in this subsection. No
public passenger vehicle may operate at the Eugene Airport unless authorized
by the Airport to do so.
. ~~} No public passenger vehicle company may use in its operation
a motorized vehicle which lacks a public passenger vehicle permit.
~3} No person may drive a matori zed pub1 i c passenger vehicle, and
no public passenger vehicle company may hire a person as a dri ver, either as
an employee or an independent contractor, unless that person possesses a
va1~d public passenger vehicle driver certification. Notwithstanding the
foregoing, a person who has applied for such a certi f i cati on may drive a
taxicab if the person has obtained from the city a temporary certification;
such certification sha11 not be valid for more than 3o days, or anti l the
city grants,or denies the person's application for a public passenger vehicle
dry ver cert ~ f ~ cats on, wh ~ chever ~ s sooner.
~4} ,No public passenger vehicle campany may locate any part of
its operation ~n a res~dent~al zone unless expressly authorized by the city
manager or designee pursuant to this code ar the Springfield Code.
~5} Ai 1 public passenger vehicle companies shal 1 provide the city
manager ar designee with written notice of the rate to be charged passengers,
including discounts, if any, to be provided. No public passenger vehicle
company shall change its rate without first providing the city manager or
designee with a minimum of 30 days advance written notice of the new rate.
No public passenger vehicle company shall charge any rate except that rate on
file with the city. Upon request, the city manager may exempt, by adminis-
trative order, a public passenger vehicle company from the provisions of this
Ordinance - 3
section if the public passenger vehicle company daes not operate any taxicabs.
~6} The specific fare for each trip by a taxicab must be deter-
mined based vn use of the taxi meter.
. ~7} Except as provided in this subsection, the city manager shall
not issue any new public passenger vehicle company licenses tv any taxi com-
pany which has not applied for such a license by April 2, 1991. The city
manager may issue an additional public passenger vehicle company license for
a taxi company where the applicant demonstrates a need for an additional
license. The city manager shall base his/her decision on the following fac-
tors;
. ,~a} The current status of the public passenger vehicle system
w~th~n the Eugene-Springfield Metropolitan Area, including but not
limited to that system's current and future ability to provide for
the timely and effects ve movement of persons;
. fib} The demonstrated need, as shown by the applicant fvr such
permit, for additional public passenger vehicle service within the
Eugene-Springfield Metropolitan Area that is not, or cannot be,
accomplished by existing public passenger vehicles; and
~c} In consideration of the current status of the public pas-
senger vehicle system within the Eugene-Springfield Metropolitan
Area, the ratio of population of the area to the number of public
passenger vehicles currently in operation.
. ~5} At any time after April 2, 1991, the city manager may, but is
not required to, adopt by rule, pursuant to the provisions of section 2.019
of the s code, a freeze on ~ ssuance of additional public passenger vehi cl e
permits if the city manager finds issuance of additional permits will have a
detrimental effect on the safety and reliability of such vehicles and the
economic well-being and stability of their owners or operators,
,~9} The city manager shall adapt rules setting standards and
establ~sh~ng requirements for public passenger vehicle companies; public
passenger vehicles; public passenger vehicle drivers and the issuance of
1 i censes for companies, permits for vehicles, and certifications and tempor~
ary certifications for drivers. Such rules shal] 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 is promoted.
~ 10} In addition to requirements established by rule to obtain a
license, each public passenger vehicle company must designate a registered
agent who may be served with any process, notice or demand required or per-
m~ tted , by 1 aw to be served upon the company. The registered agent shat 1 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 3. The definition set forth in Section 5.010 of the Eugene Code,
1911 for "Taxicab stand" is hereby amended to provide:
5,010 Definitions. zn addition to those definitions contained in ORS
Chapters SO1 to 512, and Chapter 153, the following words ar
phrases, except where the context clearly indicates a d i f f Brent meaning,
shall mean:
Ordinance - 4
Pu _1_ ~ c___ asseng, veh ~ cl_,_, _,.__
_ _p___ er_ a ,zone. Section of street assigned or
otherwise i denti f i ed~~ ~by city ~~for the sole purpose of loading and
unloading passengers for public passenger vehicles, as defined in
section 3.0o5 of this code, other than limousines.
Section 4. Section 5.040 of the Eugene Code, 1971, is amended by add-
ing anew subparagraph ~o} thereto, to provide:
5.040
~o} Designate public passenger vehicle zones.
Section 5. Any company possessing a valid Springfield taxicab license
as of the effective date of this Ordinance may continue to operate within
the Eugene-Springfield Metropolitan area through the expiration of that
license without first obtaining a public passenger vehicle company license.
However, nothing in this section shall exempt any company, vehicle or driver
from compliance with all other requirements of this Ordinance ar the Eugene
Code, 1911, and regulations adopted thereunder. The City Manager is author-
ized to adopt rules to carry out the provisions of this section.
Section 6. Any public passenger vehicle driver possessing a valid Eugene
or Springfield public passenger vehicle certification may continue to drive
motorized vehicles, as defined by this Ordinance, within the Eugene-Spring-
field Metropolitan area, through the expiration of that certification, without
first paying for anew certification pursuant to the provisions adopted here-
in. However, nothing in this section shall exempt any person from compliance
with all other requirements of this Ordinance or the Eugene Code, 1971, and
regulations adopted thereunder, including requirements related to criminal
history checks and photo identification and certification cards . The City
Manager is authorized to adopt rules to carry out the provisions of this
Ordinance - 5
section.
Section 1. The City Recorder, at the request of, or with the concurrence
of the City Attorney, is authorized to administratively correct any reference
errors contained herein or in other provisions of the Eugene Code, 1971, to
the provisians added, amended or repealed herein.
Section 8. In order to provide for the orderly implementation of the
provisions adopted herein, this Ordinance shall become effective on February
~, 1991, except that the City Manager may commence rulemaking proceedings
prior to February 1, 1991.
Passed by the City Council this
10th day of December, 1990
~~ ~ ~~
City Recorder
Approved by the Mayor this
10th day of December, 1990
ayor
Ordinance - 6