Alturas Municipal Code Ch. 25 Taxicabs

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1. For state law authorizing city to license and regulate the operation of vehicles for hire, see Veh. C., § 21100. See also Veh. C., § 16501. As to license fee for taxicab owners and drivers,see § 13-50 of this Code.

The following words and phrases, when used in this chapter, shall have the meanings set forth in this section.

(a) "Owner" means any and/or every person who in any manner has the proprietary use, ownership or control of any passenger-carrying motor-propelled vehicle.

(b) "Taxicab" means any motor-propelled vehicle used for the transportation of passengers for compensation over the streets and not operated over a fixed route.

(Ord. No. 397, § 2.)

(a) It is unlawful for any person to engage in the business of operating or causing to be operated any taxicab or public transportation vehicle for hire in the city without first having obtained from the city council a certificate of public convenience and necessity.

(b) All persons applying for such a certificate shall file with the council a certified application which should contain the following information:

(1) Name and address of persons making appli- cation;

(2) Number of vehicles proposed to be operated under the permit requested;

(3) Number of vehicles presently being operated, if any;

(4) The make, type, year of manufacture, and passenger seating capacity for each vehicle proposed to be operated for which a permit will be requested;

(5) The description of the proposed color scheme, insignia, or other distinguishable characteristics of the taxicab(s) to be used;

(6) Any further facts which the applicant believes tend to prove that public convenience and necessity require the granting of a permit;

(7) Proposed rates to be charged;

(8) Any other information requested by the council or the chief of police.

(Ord. No. 397, § 2.)

Upon receipt of an application referred to hereinabove, the city clerk shall set a time not less than ten or more than thirty days thereafter for the hearing of the application before the city council and notice shall be given to the applicant by mail of the time so set at least five days before the date of such hearing.

(Ord. No. 397, § 2.)

No certificates of public convenience and necessity shall be granted until the council shall after the hearing find that the public convenience and necessity require the proposed service, and that the following conditions exist:

(a) That the applicant is financially responsible, and that the applicant is of good moral character, or that the officers of the applicant are of good moral character;

(b) That the proposed rates are reasonable;

(c) That the applicant has complied with provisions of all city, state and federal laws applicable to the proposed operation;

(d) If the council finds from its investigation and hearing that the public convenience and necessity justify the issuance of a certificate and the granting of permits requested thereunder, it shall notify the applicant of its findings. Within sixty days thereafter the applicant shall furnish to the chief of police any and all additional information which may be required, and if the chief of police then finds the vehicles proposed to be used by the applicant meet the requirements of this chapter, he shall thereupon issue to the applicant a certificate of public convenience and necessity;

(e) If the city council finds from such investigation and hearing the public convenience and necessity does not justify the granting of a certificate, it shall forthwith notify the applicant of that finding.

(Ord. No. 397, § 2.)

Within six months after a certificate of public convenience is granted by the city council, and again within twelve months after a certificate of public convenience is granted by the city council, and annually thereafter, the city council shall review certificates of public convenience to determine whether or not the necessary conditions still exist. Such reviews shall be by public hearing. Upon request from the chief of police, and within thirty days before the date of review of a certificate of public convenience, the holder of said certificate of public convenience shall furnish to the chief of police any and all information that the chief of police may reasonably require for such periodic review.

(a) If the city council finds from its periodic review and hearing that the necessary conditions still exist, it shall notify the holder of the certificate of its findings.

(b) If the city council finds from its periodic review and hearing that the necessary conditions, as stated in section 25-4, do not still exist, the city council may either revoke or suspend the certificate of public convenience previously issued. The holder of the certificate shall be notified of the city council's findings and action. Revocation or suspension of the certificate shall be effective forthwith.

(Ord. No. 397, § 2.)

(a) No certificate of public convenience and necessity shall be issued or continued in operation unless there is in full force and effect and covering each vehicle classified hereunder a policy of insurance in such form as the council of the city deems proper, executed by an insurance company approved by the council, which policy shall insure the public against any loss or damage that may result from the operation of the vehicle, and provided further that the policy of insurance shall provide for not less than the following coverages:

(1) For injury or death of any one person in any one accident, one hundred thousand dollars;

(2) For injury or death of two or more persons in any one accident, three hundred thousand dollars;

(3) For injury or destruction of property in any one accident, twenty-five thousand dollars.

(b) Such person may, in lieu of the aforesaid policy of liability insurance, file with the city clerk of the city a bond in such form and in such amount as is approved by the council of the city. The sum shall be in an amount reasonably necessary for the protection and safety of the public.

(Ord. No. 397, § 2.)

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2. For State law requiring liability insurance, etc., for vehicles for hire, see Veh. C., § 16500.

If an owner to whom a certificate of convenience and necessity has been issued desires to sell or transfer his business, the intended buyer must make application to the city for a certificate of convenience and necessity, as required by this chapter. The seller and holder of the certificate must file an affidavit of intention to surrender and cancel the existing certificates and licenses conditionally upon and concurrently with consummation of the sale and the issuance of new certificates and licenses in the name of the buyer.

If the buyer/applicant meets the requirements as set forth in this chapter for the issuance of a certificate of convenience and necessity, the city shall issue a new certificate to the buyer and concurrently therewith shall cancel the seller's certificate.

(Ord. No. 397, § 2.)

In the event an owner sells or transfers Title to a taxicab, or vehicle for which a license has been issued, or in the event the vehicle has been destroyed, the owner is entitled as a matter of right to have a new license issued for the taxicab or vehicle replacing the one sold or transferred upon proper application to the city clerk within forty-five days after such sale, transfer or destruction.

If a vehicle is withdrawn from service for a period of forty-five days without written permission being first secured from the chief of police, the license for such vehicle shall be automatically canceled and the certificate shall be reduced by one or more, as the case may be.

(Ord. No. 397, § 2.)

(a) A certificate issued under the provisions of this chapter may be revoked or suspended by the city council if the holder thereof has:

(1) Violated any of the provisions of this chapter;

(2) Discontinued operations for a period of five days or more;

(3) Has violated any laws or ordinances of the city, of the state, or of the United States, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation.

(b) Before suspension or revocation, the holder of the certificate shall be given reasonable notice of the proposed action to be taken, and shall have an opportunity to be heard by the city council.

(Ord. No. 397, § 2.)

(a) All vehicles for which a certificate of public convenience and necessity has been issued hereunder shall be under the supervision and control of the chief of police and no owner or driver shall operate, or permit to be operated, any vehicle in the city while the equipment used therein is defective, unsafe, or in any unsanitary condition, and every such vehicle shall be at all times subject to the inspection of any police officer of the city.

(b) The chief of police is authorized to suspend, without previous notice, any vehicle operating pursuant to this chapter whenever an owner or driver violates any of the sections herein. Any owner may appeal such decision in writing to the city council which shall, after due notice to the owner, conduct a hearing and determine the matter, and the council's decision therein shall become final. The city council may order a continued suspension of the license until such time as the vehicle shall be restored to a safe or sanitary condition.

(c) An owner or driver knowingly permitting any condition prohibited by this section shall be subject to the penalty provided herein for violation of this chapter.

(Ord. No. 397, § 2.)

(a) Any driver employed to transport passengers to a definite point shall take the most direct route that will take the passenger to their destination safely and exped- itiously.

(b) Every taxicab shall be equipped with a meter which shall be approved by the chief of police. The meter shall at all times accurately show the fee to be charged.

(c) If requested, every driver shall give a receipt upon payment of the correct fare.

(d) It is unlawful for any per on except where credit is extended, to refuse to pay the lawful fare affixed herein for the use of any vehicle covered by this chapter.

(e) It is unlawful for any driver to refuse when the vehicle is in service and not otherwise engaged to transport any person who presents himself, or is presented for carriage, in a sober and orderly manner and for a lawful purpose.

(Ord. No. 397, § 2.)

(a) It is unlawful for any person to operate or drive a vehicle for hire in the city without first having obtained a written permit or license to do so front the chief of police. A reasonable fee shall be required to cover the cost of processing the application.

(b) The chief of police may refuse to issue a driver's permit or may revoke a permit for any of the following reasons:

(1) If the applicant is under eighteen years or not a citizen of the United States;

(2) If the applicant does not possess a valid license of the class required by law;

(3) If the applicant has been convicted of a felony, of any crime involving moral turpitude, or of any other offense tending to establish that he or she is not a safe driver;

(4) If the applicant violates any of the provisions of this chapter.

(Ord. No. 397, § 2.)

(a) Each owner and driver operating in the city shall have posted in each vehicle the rates to be charged for carrying passengers from point to point, or on a time basis. The city council may from time to time adopt rates by resolution after conducting a hearing thereon, and the resolution shall become of the same force and effect as though incorporated in this chapter.

(b) Each owner and driver operating in the city shall charge according to the schedule of rates as provided in such resolutions, and it is unlawful to charge at any rate other than those set forth therein.

(Ord. No. 397, § 2.)

The full and sole purpose of this chapter is one of regulation for the public good and under no circumstances whatsoever shall any certificate of convenience and necessity, license or permit provided for herein constitute or be deemed to be a property right or right of livelihood vested in the holder of any such certificate, permit or license.

(Ord. No. 397, § 2.)

In addition to the provisions of this chapter providing for revocation, suspension, or change of certificates, licenses or permits, as the case may be, any person violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than five hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment.

(Ord. No. 397, § 2.)