Anaheim Municipal Code § 4.72 .010 Definitions

Unless the particular provision of the context otherwise requires, the definitions and provisions contained in this section all govern the construction, meaning, and application of words and phrases used in this chapter.

.010 "City" means the City of Anaheim.

.020 "City authorization" means City authorization to operate a taxicab business in the City.

.030 "Driver" means a person who drives or controls the movements of a taxicab.

.040 "OCTAP" means the Orange County Taxi Administration Program administered by the Orange County Transportation Authority.

.050 "OCTAP Permit" means and includes the permit issued by OCTAP to operate a taxicab business, to drive a taxicab or to use a particular vehicle as a taxicab.

.060 "Operate a taxicab" means to drive a taxicab and either solicit or pick up passengers for hire in the City.

.070 "Operator" means the person whose name appears on the operator's Permit issued pursuant to the provisions of this chapter and who is responsible for the day to day operations of the taxicab business.

.080 "Owner" means the registered owner or lessor of a taxicab.

.090 "Permit" means and includes the permit required pursuant to the provisions of the chapter to operate a taxicab business.

.095 "Permit Administrator" means the Code Enforcement Manager of the City of Anaheim.

.100 "Person" includes natural person, firm, association, organization, partnership, business, trust corporation, or public entity.

.110 "Taxicab" means a vehicle operated within the jurisdiction of the City, capable of carrying not more than eight persons, excluding the driver, and used to carry passengers for hire. The term shall exclude a vehicle operating as a Charter Party Carrier licensed as such by any state agency, including the Public Utilities Commission, or any other vehicle having a Certificate of Public Convenience and Necessity issued by any state agency, including the Public Utilities Commission. (Ord. 5627 § 2 (part); February 10, 1998: Ord. 5723 § 1; March 28, 2000.)

.010 Except as authorized pursuant to Chapter 4.73 of this Code, it shall be unlawful for any person to conduct a taxicab business within the City, or permit any person to operate a taxicab within the City pursuant to such business, without first obtaining and maintaining in full force and effect an operator's permit approved pursuant to the provisions of this chapter. The operator's permit required by this chapter shall be in addition to any business license or other permit, certificate or license required by this Code or any other provision of law.

.020 Except as authorized pursuant to Chapter 4.73 of this Code, it shall be unlawful for any person to operate a taxicab in the City unless such taxicab is duly authorized to operate within the City pursuant to, and in accordance with, a valid operator's permit approved by the City and the owner or operator thereof has first obtained, and is maintaining in full force and effect, all other permits, certificates and other entitlements required by this Code or any other provision of law for the operation of such taxicab including, if applicable, any certificate required by Section 4.72.085 of this chapter. (Ord. 5627 § 2 (part); February 10, 1998: Ord. 5723 § 2; March 28, 2000:Ord. 5772 § 1; May 15, 2001.)

This section shall be inoperative so long as any provision of Chapter 4.73 of this Code requiring franchises for taxicab operators is in effect notwithstanding any provision of Section 4.73.210 to the contrary.

.010 The City Council has heretofore determined that, as of the effective date of this section, a maximum of two hundred thirty (230) taxicabs are required to adequately serve the taxi needs of the City, its residents and visitors, together with such temporary taxicabs as may be issued temporary permits pursuant to the provisions of Section 4.72.085 of this chapter to meet the temporary or occasional needs for additional taxi service. As of the effective date of this section, the City has issued, and there are in effect, three operator's permits authorizing a total of two hundred eighty-two (282) taxicabs in the City, together with such temporary taxicabs as have been or may be issued temporary permits pursuant to Section 4.72.085 of this chapter.

.020 Additional Permits. Upon the effective date of this section, the application period for operator's permits shall be deemed closed and no applications for operator's permits shall be accepted, processed, or approved by the City, including any operator's permit applications filed with the City prior to the effective date of this section, except as hereinafter provided in this chapter.

.030 Permit Application Period. In conjunction with, or following, either (i) the adoption of a resolution of public convenience and necessity pursuant to subsection .050 below, or (ii) any City Council decision terminating any existing operator's permit becoming final pursuant to Section 1.12.100 of this Code, the City Council, by resolution, may establish a date that the application period for operator's permits shall be deemed open (the "open application date") and a deadline date for the receipt of such applications (the "application deadline"). Following the application deadline, the application period for operator's permits shall be deemed closed and no further applications for operator's permits shall be accepted by the City until the application period is reopened upon the occurrence of one of the events described above.

.040 Processing of Permit Applications. Upon the receipt of one or more operator's permit applications during any open application period, the City shall process such applications in the order that such applications were received by the City Clerk; provided, however, that all applications filed with the City Clerk on the first day of any open application period shall be deemed received at the same moment in time, and the order of the processing of such applications, including the order of scheduling and conducting any public hearings thereon, and the order of any decisions thereon by the City Council, shall be determined by a random drawing by the City Clerk held at a time and place determined by the City Clerk following notice to all applicants which filed applications on such first day of the application period. The City Council shall process and consider such timely filed applications in a sequential manner with each succeeding application processed, a public hearing conducted, and a decision made by the City Council thereon, only after a final decision by the City Council on the immediately preceding application. The City shall continue to process said applications in this manner until such time as the City Council has issued one or more additional operator's permits authorizing additional taxicabs in the maximum number authorized and established pursuant to this section (the "permit exhaustion occurrence"). Upon the permit exhaustion occurrence, the City shall immediately cease the processing of any pending applications and the applicants therefor shall be notified in writing by the City Clerk that the City Council has awarded permits for the maximum number of authorized taxicabs, that all further proceedings with regard to any pending applications are terminated without prejudice to any future applications, and shall return any application fees theretofore submitted with such terminated applications. Following the permit exhaustion occurrence, no further applications for operator's permits shall be accepted, processed or approved until the application period is reopened upon the occurrence of one of the events described in subsection .030 above.

.050 Determination of Public Convenience and Necessity for Additional Taxicabs. The City Council, at its sole and absolute discretion, by motion duly adopted by the City Council, may at any time, or from time to time, schedule and conduct a public hearing and determine, by resolution, whether the public convenience and necessity require the operation of additional taxicabs in the City. If the City Council determines that additional taxicabs are required, the resolution shall specify the number of additional taxicabs so required. Said resolution shall constitute the resolution referred to in subsections .030 and .040 of this section. Any determination that the public convenience and necessity require the operation of additional taxicabs in the City shall be based upon the following findings:

.0501 That the additional taxicabs will not substantially impair the ability of the persons then currently holding taxicab operator's permits from the City, under efficient management, to earn a fair and reasonable return on their capital investments devoted to such taxicab service;

.0502 That the persons then currently holding taxicab operator's permits from the City, under normal conditions, are not adequately serving the reasonable taxicab needs in the City; and

.0503 That the additional taxicabs, together with the taxicabs then currently operated by persons holding taxicab operator's permits from the City, will not unduly congest, overburden, or interfere with any public street access or traffic flow, or any public or private parking, or any public or private taxi stands or taxi queuing areas, or otherwise create any danger or hazard to the public peace, health or safety. (Ord. 5772 § 2; May 15, 2001.)

This section shall be inoperative so long as any provision of Chapter 4.73 of this Code requiring franchises for taxicab operators is in effect notwithstanding any provision of Section 4.73.210 to the contrary.

Within any open application period specified in Section 4.72.025 of this chapter, any person seeking an operator's permit to operate taxicabs within the City, or any person holding an operator's permit and seeking to increase the number of taxicabs such person is authorized to operate in the City, may file a written application therefor with the City Clerk of the City. The application shall be accompanied by the appropriate filing fee established by resolution of the City Council. The application shall be completed and signed by the operator of the proposed taxicab business, if the operator is a sole proprietorship; or by at least one general partner, if the operator is a partnership; or by at least one officer or one director, if the operator is a corporation; or by at least one participant, if the operator is a joint venture. The application does not authorize operation of a taxicab business unless and until such operator's permit has been approved as provided in Section 4.72.040 of this chapter. The application shall be deemed complete if it contains or is accompanied by the following information:

.010 The type of ownership of the business, i.e., whether by individual, partnership, corporation or otherwise. If the applicant is an individual, the application shall set forth the name, age, and business and residence addresses of the applicant. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter together with the state and date of incorporation and the names and residence addresses of each of its current officers and directors, and of each stockholder holding more than five percent (5%) of the stock of that corporation, such stockholders to be listed in descending order based upon their percentage ownership interest in the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If the applicant is a limited partnership, it shall attach a copy of its certificate of limited partnership filed with the Secretary of State to the application. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible managing officer. Such designated person shall complete and sign all application forms required for an individual applicant under this chapter, but only one application fee shall be charged. Such responsible managing officer must at all times meet all of the requirements set forth in this section, or the operator's permit shall be suspended until a responsible managing officer who meets all such requirements is designated or until the operator's permit is revoked pursuant to Section 4.72.060 of this chapter.

.020 The precise name under which the taxicab business is to be conducted.

.030 The complete address and all telephone numbers of the taxicab business.

.040 A description of each vehicle which the applicant proposes to use, including the make, model and year of the vehicle, the engine and vehicle identification numbers and the license plate number of the vehicle. For each such vehicle, the application shall be accompanied by proof that the applicant has obtained an OCTAP Permit for each such vehicle.

.050 A color illustration of the name, monogram or insignia proposed to be used on each vehicle.

.060 A complete current list of the names and residence addresses of all proposed taxicab drivers operating taxicabs on behalf of the applicant, and the name and residence address of the manager or managing employee proposed to be principally in charge of the operation of the taxicab business. For each proposed taxicab driver, the application shall be accompanied by proof that each such driver has a valid OCTAP Permit authorizing said driver to drive a taxicab.

.070 A copy of the applicant's OCTAP Permit to operate a taxicab business.

.080 Such other additional information as may be required by the City Council.

.090 A statement in writing and dated by the applicant that he/she/it certifies under penalty of perjury that all information contained in the application is true and correct.

.100 If, during the term of a permit, any of the information submitted on the original application changes, the operator shall notify the Permit Administrator of such change within ten (10) business days thereafter, in writing. (Ord. 5627 § 2 (part); February 10, 1998; Ord. 5772 § 3; May 15, 2001.)

This section shall be inoperative so long as any provision of Chapter 4.73 of this Code requiring franchises for taxicab operators is in effect notwithstanding any provision of Section 4.73.220 to the contrary.

.010 Except as otherwise provided in Section 4.72.025 of this chapter, upon receipt of a timely filed written application for an operator's permit, the City Council shall conduct a public hearing at which oral and documentary evidence is received, and approve, conditionally approve, or deny the application. The City Council shall approve or conditionally approve such permit only if all of the following findings are made:

.0101 The application is complete as provided in Section 4.72.030 of this chapter.

.0102 The applicant, the applicant's proposed drivers and the applicant's vehicles have all necessary valid, unrevoked and unsuspended OCTAP Permits.

.0103 The number of taxicabs proposed to be operated in the City by the applicant is sufficient in number to adequately service the entire City.

.0104 The number of taxicabs proposed in the application, or such lesser number thereof as the City Council proposes to approve, when combined with the number of taxicabs then currently approved for operation in the City, does not exceed the maximum number of taxicabs authorized pursuant to Section 4.72.025 of this chapter.

.0105 The color of the vehicles to be used or the name, monogram or insignia to be used upon the vehicles is not in conflict with and does not imitate any other name, monogram or insignia used by any other person authorized under this chapter to operate a taxicab business in the City, in such a manner as to be misleading or tend to deceive the public.

.020 The City Council may specify conditions on the issuance of the operato's permit that are reasonably necessary to ensure compliance with this chapter and other laws including, without limitation, approving a lesser number of taxicabs than requested in the application provided that in no event shall any operator's permit be approved which would authorize any operator to operate less than thirty (30) taxicabs in the City. (Ord. 5627 § 2 (part); February 10, 1998; Ord. 5772 § 4;May 15, 2001.)

.010 Upon the issuance of an operator's permit pursuant to Section 4.72.040 of this Chapter, the operator shall cause to be affixed upon all vehicles to be used in the operation of the taxicab business decals issued by the City Code Enforcement Division. Two decals shall be affixed to each such vehicle, one on the left front fender and one on the right front fender of the vehicle. The cost for such decals shall be established by resolution of the City Council.

.020 No person shall operate a taxicab or allow a person to operate a taxicab in the City unless such taxicab has affixed upon it the decals required by this Section. (Ord. 5651 § 1; October 20, 1998: Ord. 5722 § 1; March 28, 2000.)

No permit issued hereunder shall be assigned to, used by or transferred to any other person. (Ord. 5627 § 2 (part); February 10, 1998.)

The City Council may revoke any permit granted pursuant to this chapter on the grounds that the permit holder has failed to comply with the permit conditions or other requirements of this chapter.

.010 When the City Council concludes that grounds may exist for revocation of a permit, it shall fix a time and place for the hearing on the issue of the revocation of such permit and direct the City Clerk to serve the permit holder with notice of such time and place of the hearing, together with a statement of the charges which form the basis for the proposed revocation. The City Clerk shall serve the permit holder with the notice by certified mail, return receipt requested, addressed to the business address of the permit holder no less than ten days before the time fixed for the hearing.

.020 The City Council may preside over the hearing, or in the alternative, the City Council may, pursuant to Section 1.12.110, appoint an Employee Hearing Officer or a Stipulated Hearing Officer, as said terms are defined in subsection 1.12.110.010 of this Code, to conduct the hearing, receive relevant evidence and submit to the City Council findings and recommendations to be considered by the City Council. The City Council shall render its decision within thirty days from the date of the revocation hearing or, in the event that a hearing officer has been appointed, the hearing officer shall submit his/her findings and recommendations to the City Council within thirty days from the date of the revocation hearing, and the City Council shall render its decision within fifteen days from the date on which the City Council receives the decision of the hearing officer. The decision of the City Council shall be final.

.030 In the event that the permit of any person is revoked by the City Council, such person shall not be granted a permit to operate a taxicab business for a period of six months after such revocation. (Ord. 5627 § 2 (part); February 10, 1998; Ord. 5866 § 8; June 17, 2003.)

No driver shall charge rates and charges other than those established by resolution of the City Council. (Ord. 5627 § 2 (part); February 10, 1998.)

.010 Notwithstanding any other provision of this chapter to the contrary, the holder of an existing Operator's Permit issued pursuant to this chapter may apply to the Permit Administrator for a temporary increase in the number of taxicabs authorized pursuant to such person's existing Operator's Permit upon a form provided by the Permit Administrator. Any such application shall be accompanied by a fee in an amount as established by resolution of the City Council. The application shall require the following information:

.0101 The name and business address of the Operator.

.0102 The number of vehicles currently authorized by the applicant's existing Operator's Permit.

.0103 A description of the event or activity creating a temporary need for additional taxicabs in the City of Anaheim.

.0104 The number of additional vehicle which the applicant proposes to temporarily operate in the City of Anaheim pursuant to this section.

.0105 A description of each vehicle which the applicant proposes to use, including the make, model and year of the vehicle, the engine and vehicle identification numbers and the license plate number of the vehicle. For each such vehicle, the application shall be accompanied by proof that the applicant has obtained an OCTAP Permit for each such vehicle.

.0106 A complete current list of the names and residence addresses of all proposed taxicab drivers operating taxicabs on behalf of the applicant pursuant to this section. For each proposed taxicab driver, the application shall be accompanied by proof that each such driver has a valid OCTAP Permit authorizing said driver to drive a taxicab.

.0107 The number of days (not to exceed ten) and specific dates for which such additional taxicabs are requested.

.0108 The reason(s) the total number of taxicabs authorized by the City of Anaheim pursuant to all existing Operators' Permits is inadequate to serve the public need during the period for which the additional taxicabs are being requested.

.0109 Any other information as required by the Permit Administrator in order to make the findings specified in subsection .030 of this section.

.020 Upon receipt of an application containing the information specified in subsection .010 above and the required application fee, the Permit Administrator shall notify the applicant and all other persons holding Operator's Permits under this chapter of the date, time and place when and where the Permit Administrator shall consider any objections to the approval of such application. Such date shall be not less than five (5) nor more than ten (10) calendar days following receipt of the completed application and fee. The applicant and/or any other Operator may appear in person at such time and place as set forth in the notice or may submit written information supporting or opposing such application. Any written information submitted shall only be considered if it is actually received by the Permit Administrator prior to the time specified in the notice given pursuant to this subsection.

.030 Within five (5) calendar days following the date specified in the notice given pursuant to subsection .020 above, the Permit Administrator shall consider such information and either approve or deny the application and give notice of such decision in writing to the applicant and all other persons holding Operator's Permits in the City.

The Permit Administrator shall approve the application only if he or she finds:

.0301 That the applicant holds a valid and unrevoked Operator's Permit issued by the City of Anaheim;

.0302 That the applicant is currently exercising said Operator's Permit in compliance with the requirements of Chapter 4.72 of the Anaheim Municipal Code;

.0303 That an event or other activity will occur within the City of Anaheim which will create a temporary public need for additional taxicab service which cannot adequately be met by the number of taxicabs currently authorized by the City pursuant to all existing Operator's Permits;

.0304 The total number of additional taxicabs temporarily needed, and the dates such additional taxicabs will be needed, to adequately serve the public; and

.0305 That the applicant has or will have taxicabs available to meet all or a portion of additional number of taxicabs temporarily required by such event or activity and that such taxicabs comply with all applicable requirements of this chapter.

In the event the Permit Administrator fails to make all of the findings specified in this subsection, the application shall be denied.

The applicant and each other person holding an Operator's Permit shall receive written notification of the Permit Administrator's decision. The decision of the Permit Administrator shall be final and conclusive.

.040 In the event the Permit Administrator makes the findings set forth in subsection .030 above, he or she shall approve the application, in whole or part, and shall issue a certificate to the applicant temporarily increasing

the number of taxicabs authorized pursuant to the applicant's existing Operator's Permit. Such certificate shall specify:

.0401 The number of additional taxicabs temporarily authorized under such certificate; provided that the number of additional taxicabs approved pursuant to any such application shall not exceed the total number of taxicabs which the Permit Administrator finds to be necessary to temporarily meet the public need for such dates; and further provided that, if prior to the approval of any such application (the "First Application"), any other person holding an existing Operator's Permit files an application for temporary taxicabs pursuant to this section (the "Second Application") for some or all of the same dates (the "conflicting dates") as requested in the First Application, the maximum number of taxicabs temporarily approved for any Operator for such conflicting dates shall not exceed a number equal to the total number of taxicabs determined by the Permit Administrator to be needed for such dates multiplied by a fraction, the numerator of which fraction is the number of taxicabs currently approved for such Operator as specified in the Operator's Permit and the denominator of which fraction is the total number of taxicabs currently approved under all Operator's Permits.

.0402 The specific dates (not exceeding a total of ten days) for which the additional taxicabs are authorized; and

.0403 Any conditions of approval which the Permit Administrator determines are reasonably necessary to assure compliance by the Operator with the requirements of this chapter.

.050 Not more than ten (10) certificates, for a cumulative total of not more than forty (40) calendar dates, shall be approved for any Operator for any calendar year.

.060 Any taxicab approved pursuant to this section must have and display an OCTAP Permit and otherwise comply with all applicable requirements of this chapter.

.070 Any taxicab approved pursuant to this section shall bear the same distinctive name, monogram, insignia, markings and colors as all of the other taxicabs operated by the Operator pursuant to the Operator's Permit.

.080 Upon approval of any certificate pursuant to this section, the Permit Administrator shall issue to the Operator a distinctive decal, placard or other identification device for each additional taxicab approved under this section. The Operator shall display such decal, placard, or other device upon each such temporary taxicab in the manner as specified by the Permit Administrator at all times such taxicab is operating in the City of Anaheim. (Ord. 5723 § 4; March 28, 2000.)

Any permit holder shall be entitled to replace any taxicab vehicle used in connection with the taxicab business provided that the permit holder notifies the City's Code Enforcement Division of the change in vehicle(s) and provides proof that the replacement vehicle(s) have been issued permits by OCTAP. (Ord. 5627 § 2 (part); February 10, 1998.)

No person shall drive a taxicab in the City or allow any person to drive a taxicab in the City unless such driver has a valid, unrevoked and unsuspended driver’s permit issued by OCTAP. (Ord. 4262 § 2 (part); September 8, 1981; Repealed and replaced by Ord. 5627, Feb. 10, 1998.)

Each driver shall test negative for controlled substances and alcohol as required by applicable state statutes. (Ord. 5627 § 2 (part); February 10, 1998.)

A driver operating a taxicab in the City shall carry with him/her at all times proof of insurance covering the vehicle, with such policy limits and coverage as established by OCTAP and adopted by separate resolution of the City Council. Said proof of insurance must clearly identify the vehicle covered. (Ord. 5627 § 2 (part); February 10, 1998.)

A taxicab operated under a permit issued pursuant to this chapter shall be equipped according to the standards established by OCTAP and adopted by separate resolution of the City Council. (Ord. 5627 § 2 (part); February 10, 1998.)

. A taxicab operated under a permit issued pursuant to this Chapter shall be maintained according to the standards established by OCTAP and adopted by separate resolution of the City Council. (Ord. 4262 § 2 (part); September 8, 1981; Repealed and replaced by Ord. 5627, Feb. 10, 1998.)

No driver shall operate any taxicab, and no owner or person holding an operator's permit shall permit operation of any taxicab under its ownership or control, within the City except in accordance with the following requirements:

.010 A driver shall carry a passenger to his or her destination by the most direct feasible route unless otherwise directed by the person paying the fare.

.020 Each taxicab shall display all permits issued by OCTAP under the rules promulgated by OCTAP.

.030 Each taxicab shall have prominently displayed in the passenger compartment a schedule of rates and charges, the driver's name and address, the owner's name, address and telephone number and the taxicab identification number.

.040 A driver shall provide any passenger with a receipt for the full fare and tip paid at the request of the passenger.

.050 A driver shall not leave his or her cab to solicit passengers.

.060 No taxicab shall be operated unless the passenger compartment is in a clean and sanitary condition.

.070 The name or trade name of the owner must be stenciled or painted upon the outside of each taxicab in conformance with rules established by OCTAP.

.080 No driver shall operate any taxicab, and no person holding an operator's permit under this chapter shall cause or permit any driver to operate any taxicab under such person's ownership or control, for more than twelve (12) consecutive hours. No driver shall operate any taxicab, and no person holding an operator's permit under this chapter shall cause or permit any driver to operate any taxicab under such person's ownership or control, after such driver has been on duty, either driving a taxicab in any office or garage of the permit holder, or any combination of such acts, for more than twelve (12) hours within any sixteen (16) consecutive hour period. No driver shall operate any taxicab, and no person holding an operator's permit under this chapter shall cause or permit any driver to operate any taxicab under such person's ownership or control, unless such driver has had at least eight (8) consecutive hours of rest, while not on duty, within the last preceding twenty-four (24) hours, during which eight (8) consecutive hours he or she shall have performed no acts or duties in connection with such taxicab business. (Ord. 5627 § 2 (part); February 10, 1998: Ord. 5772 § 6; May 15, 2001.)

.010 Commencing on the effective date of this chapter*, all taxicab operator's permits are to be issued in accordance with the provisions of this chapter.

.020 Existing taxicab operator's permits shall continue in effect, provided, however, that holders of such permits shall have six months from the effective date of this chapter* in which to obtain all necessary OCTAP permits required by this chapter. (Ord. 5627 § 2 (part); February 10, 1998.)

.010 Violations of this Chapter shall constitute a misdemeanor and shall be punishable in the manner provided in Section 1.01.370.

.020 Any taxicab business or taxicab operated, conducted or maintained contrary to the provisions of this Chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance as defined in Chapter 6.44, and the City may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law, and shall take such other steps and shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such taxicab business or taxicab and restrain and enjoin any person from operating, conducting or maintaining a taxicab business or taxicab contrary to the provisions of this chapter. (Ord. 5627 § 2 (part); February 10, 1998)