Chapter 12 — TAXICABS AND RENT CARS

Section

5-12.01 Definitions

5-12.02 Owners' permit required

5-12.03 Owners' permit application

5-12.04 Owners' permit fees

5-12.05 Owners' permit application; investigations; issuance

5-12.06 [Reserved]

5-12.07 [Reserved]

5-12.08 Duration of owners' permit

5-12.09 Replacement of vehicles

5-12.10 Owners' permit; suspension or revocation

5-12.11 [Reserved]

5-12.12 Drivers' permit required

5-12.13 Drivers' permit application

5-12.14 Drivers' permit; posting

5-12.15 Issuance of drivers' permit

5-12.16 Drivers' permit; term; renewal

5-12.17 Drivers' permit; suspension and revocation; appeals

5-12.18 Drivers' permit nontransferable

5-12.19 Operating regulations

5-12.20 Operating requirements

5-12.21 Stands

5-12.22 Stand permits; revocation

5-12.23 Insurance requirements

Cross-reference:

Vehicular businesses, see § 3-1.114

Vehicular businesses, see § 3-1.216

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

CHIEF OF POLICE. The Chief of Police of the city.

CITY CLERK. The City Clerk of the city.

DRIVER. Every person in charge of or operating any taxicab or rent car, either as agent, employee, or otherwise, under the direction of the owner or as owner.

OWNER. Every person having the use or control of any taxicab or rent car, whether as owner, lessee, or otherwise.

RENT CAR. Every automobile or motor-propelled vehicle, excluding taxicabs, operated at rates per hour and used for the transportation of passengers for hire over the public streets of the city and not over a defined route, and irrespective of whether the operations extend beyond the boundary limits of the city, and such vehicle is routed as to destination under the direction of such passengers or of such persons hiring the same.

STREET. Any place commonly used for the purpose of public travel.

TAXICAB. Every automobile or motor- propelled vehicle operated at fixed rates, for wait-time, or for both, used for the transportation of passengers for hire over the public streets of the city and not over a defined route, and irrespective of whether the operations extend beyond the boundary limits of the city, and such vehicle is routed as to destination under the direction of such passengers or of such persons hiring the same.

TAXIMETER. Any mechanical instrument, instrument, appliance, device, or machine by which the charge for the hire of a passenger-carrying vehicle is mechanically calculated, either for distance traveled or time consumed, or both, and upon which instrument, appliance, device, or machine such charge is indicated by figures.

('66 Code, § 5-12.01) (Ord. 315-C-S, passed 6-10-76)

It shall be unlawful to operate any taxicab or rent car which originates trips within the city unless the owner thereof shall apply for and obtain a permit to do so. Such permit shall be applied for, granted, and in effect, all in compliance with the provisions of this chapter.

('66 Code, § 5-12.02) (Ord. 315-C-S, passed 6-10-76; Am. Ord. 536-C-S, passed 11-25-82) Penalty, see §§ 1-2.01 et seq.

(A) The application for an owner's permit shall be in writing, duly certified under oath, and shall be filed with the City Clerk.

(B) Each such application shall set forth the following information:

(1) The name and address of the applicant;

(2) The names and addresses of all directors and officers, if the applicant is a corporation, and the name and address of any person owning more than 20% of the voting stock of any applicant

corporation;

(3) The location of all taxicab or rent car stands requested;

(4) The number of vehicles actually owned and the number of vehicles actually operated by the owner on the date of the application;

(5) The number of vehicles for which permission to operate in the city is desired;

(6) The make, type, year of manufacture, passenger seating capacity, and a statement of condition of each taxicab or rent car desired to be operated within the city;

(7) The make and type of taximeter intended to be installed on each taxicab;

(8) A description of the proposed color scheme, insignia, trade style, and/or any other distinguishing characteristic of the proposed taxicab or rent car design;

(9) The applicant shall provide his fingerprints in the manner prescribed by the Chief of Police; and

(10) An application fee as set forth in §5-12.04 of this chapter, which fee shall be nonrefundable.

('66 Code, § 5-12.03) (Ord. 315-C-S, passed 6-10-76; Am. Ord. 536-C-S, passed 11-25-82)

(A) The owner, upon the filing of his application, shall pay to the city an application fee in an amount to be determined by resolution.

(B) An annual fee in an amount to be determined by resolution shall be due and payable to the city upon the issuance of the permit and on July 1 of each year thereafter.

(C) Any person doing business pursuant to the provisions of this chapter for less than a full year shall be required to pay as follows:

(1) If business commenced prior to January 1 of the fiscal year, the total annual fee; or

(2) If business commenced subsequent to January 1 of the fiscal year, 50% of the annual fee.

(D) Any person required to obtain a permit and pay a permit fee pursuant to the provisions of this chapter who is now paying a permit fee to the city under the provisions of any other law shall receive credit on the amount of the permit fee imposed by the provisions of this chapter for the amount paid for such other permit.

('66 Code, § 5-12.04) (Ord. 315-C-S, passed 6-10-76) Penalty, see §§ 1-2.01 et seq.

(A) The Chief of Police shall investigate the application and shall consider:

(1) Whether the applicant has been convicted of a crime which would be relevant to his operation of a taxicab or rent car business;

(2) Whether any falsification was found regarding the application; and

(3) Such other relevant facts as he may deem advisable or necessary.

(B) If the Chief of Police finds from the investigation that the applicant is competent to operate a taxicab or rent car business, the Chief of Police shall issue the permit. A denial of a permit may be administratively appealed to the City Manager and ultimately to the Council.

('66 Code, § 5-12.05) (Ord. 315-C-S, passed 6-10-76; Am. Ord. 536-C-S, passed 11-25-82)

§ 5-12.06 [RESERVED]

§ 5-12.07 [RESERVED]

Every owner's permit issued pursuant to the provisions of this chapter shall be for a period of one year as set forth in this section, subject to revocation in the manner prescribed in this chapter and to renewal upon the payment of the annual license and permit fees in accordance with the then prevailing schedule of such fees. The first permit shall be for a term of the balance of the city's fiscal year, and thereafter annual permits shall be issued for the period from July 1 through June 30.

('66 Code, § 5-12.08) (Ord. 315-C-S, passed 6-10-76; Am. Ord. 536-C-S, passed 11-25-82)

Any owner who replaces or substitutes vehicles used as taxicabs or rent cars shall report such change to the Chief of Police, along with an identification of the vehicle.

('66 Code, § 5-12.09) (Ord. 315-C-S, passed 6-10-76; Am. Ord. 536-C-S, passed 11-25-82) Penalty, see §§ 1-2.01 et seq.

The Chief of Police may suspend for a period not exceeding two weeks any permit to operate a taxicab or rent car if he determines that the public welfare and safety would be benefited thereby and where mechanical or operational corrections cannot be immediately made to comply with the requirements of this chapter. The Chief of Police may also revoke any such permit for any reason set forth in this chapter for the rejection of a permit, or in the event of any violation of any provision of this chapter, or for any failure to pay any judgment for damages arising from the operation of the vehicles. A permittee may appeal any suspension or revocation to the City Manager and then to the Council.

('66 Code, § 5-12.10) (Ord. 315-C-S, passed 6-10-76; Am. Ord. 536-C-S, passed 11-25-82)

§ 5-12.11 [RESERVED]

It shall be unlawful for any driver to operate any taxicab or rent car in the city unless there exists a valid permit to do so as provided in this chapter.

('66 Code, § 5-12.12) (Ord. 315-C-S, passed 6-10-76) Penalty, see §§ 1-2.01 et seq.

(A) Form. The application for a driver's permit shall be in writing and duly certified under oath. Each such application shall set forth the following information:

(1) The name, age, and address of the applicant;

(2) His past experience in operating automobiles;

(3) The name, business, and address of each of his employers during the preceding period of three years;

(4) Whether or not a chauffeur's license issued to him by the state or any state or governmental agency has ever been revoked;

(5) The name and address of the owner by whom he is to be employed as a driver (which owner shall endorse such application); and

(6) Whether or not he has been convicted of a felony or the violation of any narcotics law or of any penal law involving moral turpitude or, during the previous six months, has been convicted of any

law relating to traffic or the use of the public streets.

(B) Fees. The application shall be accompanied by the payment of a fee to cover the expense of investigation as set by the Chief of Police.

(C) Filing. The application shall be filed with the City Clerk who shall file the same.

(D) Fingerprinting. Such driver shall be fingerprinted by, and his record filed in, the Police Department Bureau of Identification.

(E) Photographs. Such driver shall be photographed by the Police Department Bureau of Identification. One print shall be attached to his application and one print permanently attached to his driver's permit when issued.

(F) Federal Communication Commission operators' permits. Each driver shall secure an operator's permit as required by the Federal Communication Commission for radio communication.

('66 Code, § 5-12.13) (Ord. 315-C-S, passed 6-10-76; Am. Ord. 536-C-S, passed 11-25-82)

The driver's permit shall be posted in a place conspicuous from the passenger's compartment of the taxicab or rent car while the driver is operating the same.

('66 Code, § 5-12.14) (Ord. 315-C-S, passed 6-10-76) Penalty, see §§ 1-2.01 et seq.

(A) No driver's permit shall be granted to any person under the age of 18 years.

(B) No driver's permit shall be issued to any person convicted of an offense involving moral turpitude.

(C) No driver's permit shall be issued to any person who has been convicted of two or more California Vehicle Code moving violations within the previous six months.

(D) A driver's permit shall be issued by the Director of Financial Services, unless prohibited by divisions (A), (B), or (C) of this section, upon the completion of the application process.

('66 Code, § 5-12.15) (Ord. 315-C-S, passed 6-10-76)

Except as otherwise provided in this chapter, each driver's permit shall be issued for one year and shall expire at the end of the term for which issued. Such permit may be renewed annually within 30 days of its expiration on a regular application made as required by the provisions of this chapter.

('66 Code, § 5-12.16) (Ord. 315-C-S, passed 6-10-76)

The Chief of Police may suspend or revoke drivers' permits in the same manner as he may suspend or revoke owners' permits, with the same appeal rights being applicable.

('66 Code, § 5-12.17) (Ord. 315-C-S, passed 6-10-76; Am. Ord. 536-C-S, passed 11-25-82)

No driver's permit issued pursuant to the provisions of this chapter shall be transferable to any other driver.

('66 Code, § 5-12.18) (Ord. 315-C-S, passed 6-10-76) Penalty, see §§ 1-2.01 et seq.

(A) Direct routes. Any driver employed to transport passengers to a definite point shall take the most direct route possible which will carry the passenger to his destination safely and expeditiously.

(B) Receipts. Every driver, upon request, shall give a correct receipt upon the payment of the correct fare.

(C) Refusal to pay fare. It shall be unlawful for any person to refuse to pay the lawful fare of any taxicab or rent car regulated by this chapter after employing or hiring such vehicle, and any person so doing shall be guilty of a misdemeanor.

(D) Number of passengers. No driver of any taxicab or rent car shall accept, take into his vehicle, or transport any larger number of passengers than the rated seating capacity of his vehicle; provided, however, children under 12 years of age with an adult escort may be taken in addition thereto.

(E) Found property. Property of value left in any taxicab or rent car by a passenger shall be forthwith reported by the owner of the licensed vehicle to the Chief of Police.

(I) Obedience to safety officers. The driver of any taxicab or rent car regulated by this chapter shall promptly obey all orders or instructions of any police officer or fireman.

(G) Use of stands. No driver shall stand, while awaiting employment, at any place other than at a duly designated taxicab or rent car stand.

(H) Rights of passengers. Any person engaging a taxicab shall have the exclusive right to the full use of the rear seat of the taxicab. While so engaged, no owner or driver shall solicit or carry additional passengers without obtaining the consent of the person first engaging such vehicle.

(I) Radio communication. Each driver shall maintain two-way radio communication with his dispatcher and shall utilize such equipment pursuant to the Federal Communication Commission's standards and requirements.

('66 Code, § 5-12.19) (Ord. 315-C-S, passed 6-10-76) Penalty, see §§ 1-2.01 et seq.

(A) Identification. Each taxicab or rent car licensed to operate in the city shall have located in a convenient place in the driver's compartment, and in view of the passengers therein, two containers of a type and design approved by the Chief of Police. Such containers shall contain cards provided by the Chief of Police bearing the following information:

(1) One such container shall have a card therein bearing:

(a) The name of the company to which the card is issued;

(b) The identification number issued for each individual taxicab or rent car licensed to operate in the city;

(c) The date of issuance and expiration; and

(d) The state license plate number and engine number of the taxicab or rent car displaying the same; and

(2) One such container shall bear the driver's identification card.

(B) Inspections and sanitation.

(1) Each taxicab or rent car shall be kept in a safe and clean condition.

(2) The Chief of Police, or any member of the Public Safety Department under his direction, shall have the right at any time, after displaying proper identification, to enter into or upon any licensed

taxicab or rent car for the purpose of ascertaining whether or not any of the provisions of this chapter are being violated.

(3) Any taxicab or rent car which is found, after any such inspection, to be unsafe or in any way unsuitable for taxicab or rent car service shall be immediately ordered out of service and, before

again being placed in service, shall be placed in a safe condition, and the owner shall furnish the Chief of Police with a certificate from a state approved inspection station stating that the condition has been corrected and that the vehicle is in an operative and safe condition.

(C) Two-way radio equipment. Each taxicab or rent car shall be equipped with Federal Communication Commission approved transmitters and receivers which provide direct reliable contact with the driver's dispatcher.

(D) Dispatchers. Each owner shall provide and maintain a dispatcher available for toll free calls within the city as directed by the Council. Such dispatcher shall be licensed as required by the Federal Communication Commission for radio communication.

('66 Code, § 5-12.20) (Ord. 315-C-S, passed 6-10-76; Am. Ord. 401-C-S, passed 6-28-79; Am. Ord. 536-C-S, passed 11-25-82) Penalty, see §§ 1-2.01 et seq.

(A) Taxicab or rent car stands. Permits may be issued to the permittee hereunder allowing such vehicles, while awaiting employment, to stand in certain designated places upon the public street.

(B) Location. The Chief of Police, together with the Director of Community Development, may recommend in writing, for approval by the Council, stands to be occupied by certain licensed taxicab or rental car businesses only.

(C) Annual fees. An annual fee in an amount to be determined by resolution, payable pursuant to § 5-12.04 of this chapter, shall be assessed for each taxicab or rent car stand.

(D) Consent of property owners. Before such stands are designated and approved by the Council, the written consent of the tenant or lessee of the ground floor, or portion of the ground floor, fronting the space where such stand is to be located shall be first obtained. In the event the ground floor is not occupied by a tenant or lessee, the written consent of the owner of the building fronting the space where such stand is to be located shall first be obtained.

(E) Number of vehicles permitted. The Council shall designate the number of taxicabs which shall be allowed to stand at any one time at any of the places designated and authorized.

('66 Code, § 5-12.21) (Ord. 315-C-S, passed 6-10-76)

Any stand permit may be revoked by the Council without notice to any person except the permittee, and it shall be unlawful for any person to occupy a stand with a taxicab after such revocation and notice has been made.

('66 Code, § 5-12.22) (Ord. 315-C-S, passed 6-10-76) Penalty, see §§ 1-2.01 et seq.

Before any owner's permit shall be issued, the owner shall be required to file with the City Clerk, and thereafter keep in full force and effect, a policy of insurance in such form as the City Attorney may deem proper, executed by an insurance company approved by the City Attorney. Such policy of insurance shall insure the owner and the driver of each of the vehicles operated, or to be operated, under the owner's permit against liability for damages to property and for injuries to, or the death of, any person as a result of the ownership, operation, or other use thereof. The minimum liability limits upon each such vehicle shall be not less than $500,000 on account of personal injuries to, or the death of, any one person in any one accident and $1,000,000 on account of personal injuries to, or the death of, two or more persons in any one accident, and the minimum liability limits upon each such vehicle shall be not less than $50,000 for damages to, or the destruction of, property in any one accident. All such policies shall contain a provision for a continuing liability thereunder up to the full amount of coverage thereof, notwithstanding any recovery thereon, and that the city shall be held harmless for all claims, demands, and actions of any type whatever occasioned by the operation of the permittee's taxicab or rent car business, and shall further contain a provision or endorsement providing that such policy will not be canceled until a notice in writing shall be given to the city, addressed in care of the City Attorney, City Hall, Antioch, California, at least 30 days immediately prior to the time such cancellation shall become effective.

('66 Code, § 5-12.23) (Ord. 315-C-S, passed 6-10-76; Am. Ord. 536-C-S, passed 11-25-82) Penalty, see §§ 1-2.01 et seq.