Arcadia Municipal Code § 6429.4 Application

Taxicab shall mean and include an automobile having a distinctive insignia and color scheme, used for the transportation of not more than five passengers for hire, excluding the driver, at rates based on the distance, direction, number of trips, waiting time or any combination thereof.

Automobile for hire, including limousines, shall mean and include every motor vehicle not equipped with a taximeter which is used to provide prearranged transportation service for a fee. No automobile for hire shall be painted a distinctive color for the purpose of identification.

Driver shall mean and include any person in actual charge and control of any automobile for hire or taxicab.

No person shall operate or cause to be operated upon any street any taxicab or automobile for hire, unless there shall have been issued by the City an operator's permit to the operator applicant pursuant to Chapter 3 of this Article (Section 6311 et seq.) and a driver's permit to the driver thereof pursuant to this Division, and unless each such permit shall be in full force and effect. All permits granted pursuant to this Article shall be nontransferable.

Each permit issued by the License Officer shall entitle the holder thereof to also obtain a license from the License Officer, upon payment of the license fee at the rate specified in subsection 6220.39, to operate each automobile for hire or taxicab as set forth and described in the permit. Such license shall be securely attached in a conspicuous location to the rear left portion of the licensed automobile for hire or taxicab at all times when said vehicle is in use.

(Amended by Ord. 1896 adopted 10-20-88; amended by Ord. 2263 adopted 12-1-09)

The granting of a permit for the operation of an automobile for hire or taxicab, and full compliance by the permittee with all the provisions of this Division, shall entitle the permittee to operate, so long as such permit is in full force and effect, such automobile for hire or taxicab for the transportation of passengers over the streets of the City, provided that at all such times each automobile shall be driven by a driver holding a valid permit under the provisions of this Division.

Any permit issued under the provisions of Chapter 3 of this Article granted to a holder of an operator's permit to operate an automobile for hire or taxicab, or to a driver to drive said automobile, shall be in full force and effect unless the holder thereof shall violate any of the provisions of this Division or until said permit has been revoked, suspended or canceled or has expired, but in no event to be for a period beyond the calendar year of its issuance. No person holding an operator's permit which is not in full force and effect shall allow any automobile under his ownership, management or control to be used for the carrying of passengers for hire upon the streets of the City; and no person whose driver's permit has expired or has been revoked, suspended or canceled shall drive, operate or be in charge of an automobile for hire or taxicab.

In case the term of the insurance policy or policies required by the provisions of this Division for the operation of an automobile for hire or taxicab shall expire or shall be canceled, such permit shall, by such expiration or cancellation, be immediately and automatically suspended until such insurance policy or policies are reinstated and are again in full force and effect, or until replaced by other insurance to the approval of the Council; provided that in any case where such insurance has been canceled or has expired, and has not been reinstated nor replaced with other insurance within ten (10) days after the expiration or cancellation thereof, then the permit which has been issued for the operation of such automobiles for hire or taxicabs covered by such insurance shall be automatically canceled, annulled and set aside.

The failure to use any duly licensed automobile for hire or taxicab upon the streets of the City and to have the same in active service for the reasonable convenience of the people of the City for a period of thirty (30) days shall automatically revoke, cancel and rescind the permit applicable to such automobile.

The application for a permit to operate an automobile for hire or taxicab upon the streets of the City shall be upon forms to be supplied by the City and shall contain the following information:

(1) Name, age, business address, residence address and citizenship status of the applicant; or if a corporation, its name, date and location of incorporation, and residence address of each of its officers; or if a partnership, association or unincorporated company, the names of the partners, or the persons comprising the association or company, with the place of business and residence of each such partner or person;

(2) The address to which notice, when required, is to be sent or mailed;

(3) Whether the applicant was previously engaged in the business for which a permit is requested, and if so, the location and length of time thereof;

(4) If applicant is a corporation, a copy of the articles of incorporation shall be attached to the application; if a partnership or association, a copy of the partnership or association agreement;

(5) The number of taxicabs or automobiles for hire to be used in the business of the applicant, and the following information concerning each automobile: copy of insurance certificate in accordance with subsection 6429.3.4, make, model, year, motor number, passenger capacity, state license number, mileage, and detailed statement of condition of tires, brakes, body, upholstery and drivetrain;

(6) Current validated registration card for all automobiles for hire and taxicabs that will operate under the operator's permit;

(7) A schedule of rates or fares to be charged for carrying passengers;

(8) A verified financial statement of the applicant;

(9) Whether or not any permit has been revoked, suspended or canceled, and if so, the circumstances of such revocation, suspension or cancellation;

(10) Such further information as the License Officer, or such official of the City to whom the application may be referred, may require.

(Amended by Ord. 2263 adopted 12-1-09)

No operator's permit for the operation of an automobile for hire or taxicab shall be granted or authorized to be issued, until the License Officer determines that the facts and acts specified in the following subsections exist and have been performed, or that they will exist and will be performed before the privilege sought shall be exercised.

(Amended by Ord. 2263 adopted 12-1-09)

(a) Public convenience and necessity require the operation of said automobile for hire or taxicab as set forth in said application. The declaration of public convenience and necessity shall not be necessary for:

(1) The granting of a permit to operate the same number of vehicles or a lesser number, held by the applicant under the same name on the date prescribed for the expiration of permits, and such permits shall be classed as renewals provided they were originally granted in accordance with the provisions of this Article; and

(2) Limousines as determined by the License Officer upon a showing that the proposed service does not have the characteristics of a taxicab service.

(b) The License Officer, in declaring whether or not public convenience and necessity exist, may take into consideration all facts as they may deem pertinent and proper, which facts shall include a specific finding that the following conditions exist:

(1) That the applicant is financially responsible;

(2) That persons holding permits for the operation of automobiles for hire and taxicabs are, under efficient management, earning a fair and reasonable rate on their capital devoted to such service;

(3) That persons holding existing permits for the operation of automobiles for hire and taxicabs are, under normal conditions, inadequately serving the public;

(4) That the applicant is capable of providing safe and prompt taxicab service, twenty-four (24) hours daily;

(5) That the applicant has presented evidence sufficient to justify operation of a specified number of taxicabs or automobiles for hire in the City of Arcadia.

(Amended by Ord. 2263 adopted 12-1-09)

The color scheme, name, monogram or insignia to be used upon any taxicab of the applicant must not conflict with or imitate any color scheme, name, monogram or insignia used by another person in such manner as to be misleading, or tend to deceive or defraud the public, or that a color scheme, name, monogram or insignia has therefore been designated for the applicant. The name and monogram or insignia must be permanently attached to the taxicab or automobile for hire.

As a prerequisite for required permits, the following shall be provided to the satisfaction of the City Attorney that the applicant or permittee has procured and paid in advance the annual premium upon an insurance policy, and shall submit a copy of such insurance policy prior to being granted a permit to operate in the City. The policy of insurance shall evidence insurance of all vehicles and substitute vehicles in use, and the owner and the driver of each of the taxicabs which the owner will operate in the City must be insured against liability for injury to any person as the result of ownership, operation or use thereof. The insurance policies must remain in full force and effect and must meet the following minimum requirements for each vehicle listed on the application:

(a) The policy of insurance for each vehicle listed in the application must be issued by a carrier licensed by the State of California Department of Insurance to sell commercial automobile liability in the State of California and be a member of the California Insurance Guarantee Fund, with a minimum A.M. Best rating of B+VII or a comparable rating applicable to insurance companies as stated from time to time by Standard and Poors, Moodys', or Fitch Investors Services for insurance rating purposes;

(b) The policy shall contain policy limits of not less than Three Hundred Thousand Dollars ($300,000) combined single limit per occurrence of limits of not less than One Hundred Thousand Dollars ($100,000) per person, Three Hundred Thousand Dollars ($300,000) per accident, and Fifty Thousand Dollars ($50,000) for property damage. Such insurance may include a property damage deductible not greater than Two Thousand Five Hundred Dollars ($2,500) per occurrence;

(c) The policy shall name the City of Arcadia, its City Council, and its officers, agents and employees as additional insureds; and shall be primary to and not contributing to any other insurance maintained by the City

(d) The policy shall provide for written notice to be submitted to the City, thirty (30) days prior to any cancellation or modification of the policy.

(e) A certificate of insurance which conforms to the provisions of this Section, shall be attached to every application for a taxicab permit pursuant to this Chapter. Upon approval of the application, a copy of the additional insured and cancellation endorsements required by subsection (c) and (d) of this Section shall be filed with the City within thirty (30) days of the date of application is approved.

(Amended by Ord. 1978 adopted 10-6-92)

The liability insurance requirements set forth in Section 6429.3.4 may be met as follows:

(a) By self-insurance (or similar risk program such as membership in a purchasing group) if certified by City's Risk Management and Finance Directors.

(b) A program of self-insurance may be established by showing evidence of the following:

(1) The taxicab company owns more than twenty-five (25) vehicles (a requirement for total self-insurance but not partial self-insurance).

(2) The taxicab company proves it is able to respond in damages to a judgment equivalent to the insurance requirements set forth in Section 6429.3.4.

(c) For single event certification, evidence of acceptance of a self-insurance program by other regulatory agencies with similar requirements is sufficient evidence of financial responsibility.

(d) For partial self-insurance, evidence of ability to respond in damages to a judgment equivalent to the deductible amount is required.

(Repealed by Ord. 1978 adopted 10-6-92; amended by Ord. 1993 adopted 8-17-93)

Prior to the issuance or renewal of any operator's permit and prior to the approval of any vehicle substitution as defined in Section 6429. 3.8 and any additional vehicles as defined in Section 6429.3.9, the police through the Police Chief designee shall examine every automobile for hire or taxicab listed on an application for an operator's permit. The police may in their discretion refuse to approve a vehicle or may condition their approval, if necessary.

Any taxicab or automobile for hire shall at all times be subject to an inspection by any police officer or other inspector of the City as authorized by the City Manager and/or Council to determine the general condition of the vehicle.

The applicant has in all respects fully complied with all provisions of this Code and with all laws of the State.

(a) The holder of an operator's permit shall be responsible for ensuring that all persons employed by them as drivers, all applicants who have been offered positions of employment as drivers, and all persons to whom vehicles are leased to be used as taxicabs, have provided the Business License Officer with satisfactory proof of compliance with the drug and alcohol testing requirements contained in this Division and have obtained a valid drivers permit from the Business License Officer.

(b) Holders of operator's permits shall provide the Business License Officer with the names of all persons employed by them as drivers and with the names of all persons to whom vehicles have been leased to be used as taxicabs.

(c) Holders of operator's permits shall immediately notify the Business License Officer of the names of all drivers whose employment with the operator has been terminated and with the names of those persons to whom vehicles have been leased upon the expiration or cancellation of such lease.

(d) Holders of operator's permits shall be responsible for the cost of drug and alcohol testing of drivers employed by them.

(Added by Ord. 2054 adopted 8-20-96)

The holder of an operator's permit may not substitute any automobile listed on the operator's permit in the place and stead of each licensed automobile the use of which has been discontinued, until making application to do so and by securing the approval of the License Officer. Before being granted such approval the applicant shall fully comply with the provisions of Subsections 6429.2.3 and 6429.3.4.7. Upon the granting of such application, the Clerk shall endorse a memorandum of each substitution upon the original operator's permit, and also upon the license issued to the automobile the use of which has been discontinued, and shall notify the License Officer of such substitution and endorsement. For each such substitution, such permit holder shall pay to the City a fee of Twenty-Five Dollars ($25.00).

(Amended by Ord. 2263 adopted 12-1-09)

A holder of an operator's permit for the operation of an automobile for hire or taxicab, desiring to operate additional motor vehicles of the same type and classification, shall file an application therefore with the License Officer. The application shall set forth the information as required by this Article. The License Officer may issue a permit to operate such additional motor vehicles.

(Amended by Ord. 2263 adopted 12-1-09)

Any operator to whom a permit specified in this Division has been issued shall maintain a listed telephone number at his place of business for which calls originating from Arcadia would be charged as local calls.

All permits issued hereunder are subject to suspension and revocation pursuant to Arcadia Municipal Code (AMC) Sections 6314, 6314.1 et seq. and AMC Section 1501, and the notice and hearing requirements of AMC Section 6216.8.

Any person may apply to the City for a driver's permit to drive a taxicab or automobile for hire for any holder of a valid operator's permit upon the streets of the City, by filing with the License Officer, upon forms to be supplied by the City, an application for a driver's permit setting forth the following information:

(1) Name, home address, home telephone number, business address and business telephone number of the applicant;

(2) Past experience as a taxicab or automobile for hire driver;

(3) Proof that the applicant holds a current, valid driver's license of the appropriate class issued pursuant to the California Vehicle Code, and any other taxicab or automobile for hire driver's license or permits held by the applicant;

(4) Name and address of the owner of the vehicle which he shall use. Such owner shall endorse the application;

(5) Where applicable, a description of the taxicab or automobile for hire to be driven;

(6) A policy of insurance for the taxicab or automobile for hire to be driven by the applicant;

(7) Duplicate, recent photographs;

(8) Affiliation with a taxicab or automobile for hire operator, if any;

(9) Any such other information as may be required or deemed necessary or desirable by the License Officer to enable him to ascertain whether the applicant fulfills the requirements herein set forth;

(10) Name and address of holder of an operator's permit under which the driver will operate said vehicle. Such holder of the operator's permit shall endorse the application.

The applicant shall set forth in his application and make satisfactory proof to the License Officer that he fully meets the following qualifications:

(1) Applicant shall be at least eighteen (18) years of age;

(2) Applicant shall not have been convicted in the courts of any State of the United States or in any United States Court of any of the following offenses:

(a) Driving a motor vehicle while under the influence of an intoxicant or narcotic. Applicant shall also state what, if any, offenses he has been convicted of under the California Vehicle Code,

(b) Pandering,

(c) Using, possessing, selling or transporting narcotics,

(d) Imparting knowledge for the obtaining of narcotics,

(e) Assault or battery, or assault and battery,

(f) Violating any law or ordinance involving moral turpitude,

(g) Violating any of the provisions of this Division;

(3) Applicant has been fingerprinted by the Chief of Police;

(4) Applicant otherwise is a fit and proper person to be the driver of an automobile for hire or taxicab.

The Business License Officer may refuse to issue any such permit if, in the exercise of reasonable discretion, it shall be determined that such applicant is not qualified to be the driver of an automobile for hire or taxicab. Otherwise the Business License Officer shall issue a driver's permit to such applicant upon payment of a license fee of Ten Dollars ($10.00) in addition to the cost of fingerprinting conducted by the Arcadia Police Department. Every driver's permit issued shall set forth the name of the driver, the driver's photograph, the name of the driver's employer and the name of the owner of the vehicle which the driver shall use. Each driver's permit shall be displayed conspicuously in the vehicle by the driver.

(Amended by Ord. 2054 adopted 8-20-96)

The failure of any driver to meet the requirements of Arcadia Municipal Code (AMC) Section 6429.3.1 or to commit any act or acts in violation of said Section or AMC Section 1501 shall authorize suspension or revocation of the driver's permit, subject to the notice and hearing requirements of AMC Section 6216.8.

(a) As used in this Title, the following definitions shall apply:

(1) "Controlled substance" shall mean those substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, as it exists on the effective date of the Ordinance codified in this Section, or as it may be amended.

(2) "Negative test for alcohol" shall mean an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.

(b) Each applicant shall submit satisfactory proof of a negative test result for controlled substances and for alcohol to the Business License Officer before a driver's permit shall be issued.

(c) Persons holding a valid driver's permit shall, within thirty (30) days of the expiration of their driver's permit, submit satisfactory proof to the Business License Officer of a negative test for controlled substances and for alcohol. No driver's permit shall be renewed unless such proof has been submitted.

(d) Testing procedures shall be substantially as specified in Part 40 of Title 49 of the Code of Federal Regulations, as it exists on the effective date of the Ordinance codified in this Section, or as it may be amended. Requirements for rehabilitation and for return-to-duty and follow-up testing and other requirements shall be substantially as in Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations, as it exists on the effective date of the Ordinance codified in this Section, or as it may be amended.

(e) Self-employed independent drivers shall be responsible for compliance with the requirements of this Section and for all costs incurred thereby. Employing transportation operators shall be responsible for compliance with respect to their employees and potential employees.

(f) Test results shall be reported directly to the employing transportation operator, who shall, within five (5) days of receipt of positive results, notify the Business License Officer. Self-employed independent drivers shall submit all test results to the Business License Officer, who shall notify the taxicab leasing company of record, if any, of positive results.

(g) The driver's permit of any person convicted of using, selling, or driving under the influence of any controlled substance or alcohol, shall be subject to suspension or revocation pursuant to the provisions of this Code.

(Added by Ord. 2054 adopted 8-20-96)

The driver's permit shall become void immediately upon termination of employment. The employer, or the driver if self-employed, shall notify the Business License Officer upon termination of employment. The driver shall return the permit to the Business License Officer upon such termination.

(Added by Ord. 2054 adopted 8-20-96)

The operator of every automobile for hire and taxicab licensed in the City shall file with his application for an operator's permit a true and correct schedule of fares to be charged for the transportation of passengers in any and all vehicles operated under such permit, and such operator shall not change or amend said fares in any manner without first filing said changes or amended fares with the City Clerk thirty (30) days prior to the effective date of such change or amendment. No person shall charge, collect or receive any other or different compensation for the use of such automobile for hire or taxicab than that specified in the schedule of fares on file with the City Clerk and at the time in effect.

No holder of an operator's permit or driver operating any taxicab shall operate such automobile in the City unless it is equipped with a taximeter of such type and design as may be approved by the License Officer. The holder of an operator's permit of such taxicab shall keep such meter accurate at all times. Such meter shall be subject to inspection from time to time. The City Manager or his duly authorized agent or any police officer of the City is authorized at his insistence or upon the complaint of any person, to investigate such taximeter and, upon discovery of any inaccuracy of such taximeter, to remove or cause to be removed from service any such vehicle equipped with such taximeter until such taximeter shall have been repaired and correctly adjusted.

(Amended by Ord. 2263 adopted 12-1-09)

The charge for any service to all patrons of a taxicab shall be calculated and indicated by a taximeter, and all taximeters shall be placed so that the reading dial showing the amount to be charged shall be well lighted and readily discernible by the passenger riding in such automobile.

No driver of any taxicab shall display the "flag" attached to the taximeter in the "in use" position until the passenger has entered the taxicab, except in the case of a request for a taxicab at a specified time and location, in which case the "flag" may be placed in the "in use" position at the time and location requested by the customer, or at any time thereafter, after the driver has personally contacted said customer. No driver, while carrying passengers, shall display the "flag" in such position as to denote that such vehicle is not employed, or fail to place the "flag" in the "home" or "for hire" position at the termination of each and every service.

No operator of any taxicab, upon receiving payment of a fare as indicated by the taximeter thereon, shall refuse to give a receipt upon the request of any person making said payment. Said receipt shall indicate the amount of the fare, the date, the initial location, and the destination of the trip, the taxicab number and name of the driver.

Irrespective of whether the operations are within or extend beyond limits of the City, every automobile for hire and taxicab shall display in the passenger's compartment thereof and in full view of the passengers a printed notice not less than five inches by seven inches (5″ x 7″) in size, which shall have printed thereon in legible print:

(1) The name of the holder of the operator's permit under which the vehicle is being operated;

(2) The name of the owner of said automobile;

(3) The name under which such business is operated;

(4) The business address and telephone number of such business;

(5) The rates to be charged persons using such vehicle, and whether said rates are determined by the number of passengers, the distance traveled, per mile, per trip, for waiting time, or otherwise.

The services of a taxicab operating pursuant to any permit granted under the provisions of this Chapter shall be available only upon telephone call, engagement of the taxicab when parked at a regular stand or when hailed from the street, sidewalk or curb, but not otherwise. No taxicab driver, holder of an operator's permit, or his agent shall solicit passengers from or about the vehicle, except through written and posted advertising.

The services of an automobile for hire operating pursuant to any permit granted under the provisions of this Article shall be available only upon telephone call or upon engagement at the public or private garage from which such vehicle is operated. No person shall cruise or cause to be cruised any automobile for hire. An automobile for hire shall be deemed to be cruising when it solicits or takes on any passenger other than in response to an order given at its business office, or in response to a telephone call requesting transportation.

No driver of a taxicab or automobile for hire shall park or stand the same upon any public highway in the City any period of time longer than is necessary to discharge or receive passengers then occupying or then waiting for such vehicle.

All persons engaged in the taxicab business in the City operating under the provisions of this Article shall render an overall service to the public desiring to use taxicabs and shall keep open twenty-four (24) hours a day for the purpose of receiving orders and dispatching vehicles. The holder of any permit who refuses to accept a call anywhere within the corporate limits of the City at any time when such holder of an operator's permit has available vehicles, or who fails or refuses to give service without reasonable cause relating to the health, safety or welfare of the driver, shall be deemed to be in violation of the provisions of this Article and his operator's permit shall be subject to revocation.

Any driver employed to carry passengers to a definite point shall take the most direct route possible which will carry the passengers safely and expeditiously to their destination.

When an automobile for hire or taxicab is engaged, the occupants shall have the exclusive right to the full and free use of the passenger compartment, and no driver of said automobile shall solicit or carry additional passengers therein.

No person shall knowingly or intentionally misrepresent to any City official any material fact in procuring any permit or license herein provided for.

(Original Division 9 amended by Ord. 1354 adopted 7-18-67, Ord. 1557 adopted 5-4-76, Ord. 1562 adopted 6-15-76, Ord. 1622 adopted 2-21-78, and Ord. 1629 adopted 5-2-78 was repealed and a new Division 9 added by Ord. 1836 adopted 6-3-86)