Chapter 5.48 — TAXICABS

Unless otherwise expressly stated, whenever used in this chapter, the following terms shall be respectively defined as follows:

A.

"Driver" means every person in charge of, or operating any passenger-carrying or motor-propelled vehicle, as defined in subsection B of this section, either as agent, employee, or otherwise, of owner, as owner, or under the direction of the owner, as herein defined.

B.

"Taxicab" means every automobile or motor-propelled vehicle of a distinctive color, such as is in common usage in the country for taxicabs, and/or operated at rates per mile, or for wait-time, or for both, used for the transportation of passengers for hire over the public streets of this 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 under the direction of such passengers or of such persons hiring the same.

(Prior Code § 3-3.101)

No person shall engage in the business of operating any taxicab within this City without first having obtained a certificate of public convenience and necessity from the Council.

(Prior Code § 3-3.201)

All persons applying to the Council for a certificate for the operation of one or more taxicabs shall file with the Council a sworn application therefor on forms provided by the Council stating as follows:

A.

The name and address of the owner or person applying;

B.

The number of vehicles actually owned and the number of vehicles actually operated by such owner on the date of application if any;

C.

The number of vehicles for which a certificate of public convenience and necessity is desired;

D.

The make, type, year of manufacture and passenger seating capacity of each taxicab for which application for a certificate of public convenience and necessity is made;

E.

A description of the proposed color scheme, insignia, trade style and/or any other distinguishing characteristics of the proposed taxicab design;

F.

Such other information as the Council may require.

(Prior Code § 3-3.202)

No certificate shall be granted until the Council after hearing declares by resolution that the public convenience and necessity require the proposed taxicab service.

(Prior Code § 3-3.203)

A.

In determining whether the public convenience and necessity require the operation of a taxicab for which the application is made, the Council shall hold such public hearing as may be necessary in its discretion to determine that fact.

B.

Before any application is acted upon, the City Manager shall cause an investigation to be made and shall report his findings, in writing, to the City Council on the following:

1.

The demand of the public for additional taxicab service;

2.

The adequacy of existing mass transportation and taxicab service;

3.

The financial responsibility and experience of the applicant;

4.

The number, kind and type of equipment and the color scheme to be used;

5.

The effect which such additional taxicab service may have upon traffic congestion and parking;

Whether the additional taxicab service will result in greater hazard to the public;

7.

Such other relevant facts as the Council may deem advisable or necessary.

(Prior Code § 3-3.204)

Having declared that the public convenience and necessity require the additional taxicab service, the Council shall grant certificates of public convenience and necessity to those persons applying therefor who in its opinion are entitled thereto. The Council shall in its discretion determine the number of permits to be granted to any applicant. No certificate shall be issued to any person who has not fully complied with all of the requirements of this chapter necessary to be complied with before the commencement of the operation of the proposed service.

(Prior Code § 3-3.205)

If the service for which a certificate is granted under this chapter is discontinued, or if the owner sells or discontinues his or its business or fails to operate the taxicabs, for a period of 15 days, the certificates granted under this chapter shall automatically be canceled.

(Prior Code § 3-3.206)

Whenever an owner sells or transfers title to a taxicab for which a certificate has been granted, the holder of such certificate shall immediately, prior to such sale or transfer, notify the City Manager of the date of such sale or transfer. The City Manager shall, upon written request of the applicant prior to the replacement of such vehicles issue a new certificate or certificates for the operation of no greater number of taxicabs than those sold or transferred, provided the owner has complied with all provisions of this chapter.

(Prior Code § 3-3.207)

Any owner whose taxicab, for which a certificate has been granted, has been destroyed in any manner, will, as a matter of right, upon written application to the City Manager within 15 days after such destruction, be issued a new certificate, or certificates, for the operation of no greater number of taxicabs so destroyed, provided the owner has complied with all the provisions of this chapter.

(Prior Code § 3-3.208)

A certificate may be suspended or revoked by the City Council at any time in case:

A.

The owner fails to operate the taxicab in accordance with the provisions of this chapter;

B.

The taxicabs are operated at a rate of fare other than that submitted to the City Council.

(Prior Code § 3-3.209)

Certificates which have been suspended or revoked by the City Council or cancelled under the provisions of this chapter shall be surrendered forthwith to the City Clerk, and the operation of any taxicabs covered by such certificate shall cease and be unlawful. Any owner who permanently retires any taxicab or taxicabs from any taxicab service and does not replace the same within 45 days thereof, shall immediately surrender any certificate granted for the operation of such taxicab.

(Prior Code § 3-3.210)

Every person issued a certificate of public convenience and necessity shall pay the following registration and license fee to this City: a registration fee of $100.00 for each taxicab and a license fee of $10.00 per taxicab per quarter.

(Prior Code § 3-3.301)

No vehicle shall be granted a certificate unless it conforms with all the provisions of this chapter.

(Prior Code § 3-3.401)

All taxicabs or other vehicles employed in this City for the purpose of transporting passengers for hire, except vehicles operating from a fixed terminal over regular routes, shall be equipped with and carry a sign in the rear and on the front part of the vehicle bearing the word "taxi," the letters of which may be either block or Gothic type of not less than five inches in height, together with the telephone number of the company owning the taxicab, which telephone number shall be in numerals either block or Gothic type not less than two inches in height.

(Prior Code § 3-3.402)

A.

Before a certificate is issued to any owner, the taxicab for which such certificate is requested shall be delivered to a place designated by the Council for inspection, and the City Manager shall designate agents

to inspect such taxicabs and their equipment to ascertain whether such taxicabs comply with the provisions of this chapter.

B.

The owner of any taxicab in service shall present each vehicle in service as a taxicab at least monthly for inspections in order to comply with the provisions of this chapter.

(Prior Code § 3-3.501)

The Chief of Police or any member of the police department under his direction shall have the right at any time after displaying proper identification to enter into or upon any certificated taxicab for the purpose of ascertaining whether or not any of the provisions of this chapter are being violated.

(Prior Code § 3-3.502)

Any taxicab which is found after such inspection to be unsafe or in any way unsuitable for taxicab service shall be immediately ordered out of service and before again being placed in service shall be placed in a safe condition. Before any unsafe or unsuitable taxicab may be returned to taxicab service an inspection shall be requested by the owner, and the vehicle shall be inspected before being placed in service as a taxicab.

(Prior Code § 3-3.503)

The interior of every taxicab shall be thoroughly cleaned at least once in every 24 hours.

(Prior Code § 3-3.504)

Any driver employed to transport passengers to a definite point shall take the most direct route possible that will carry the passenger to his destination safely and expeditiously.

(Prior Code § 3-3.601)

Unoccupied taxicabs shall not be operated over public streets in search of, or soliciting, prospective passengers for hire.

(Prior Code § 3-3.602)

No driver of any taxicab shall accept, take into his vehicle or transport any larger number of passengers than the rated seating capacity of his vehicle.

(Prior Code § 3-3.603)

It is unlawful for any taxicab to remain standing in any established taxicab stand unless the taxicab is attended by a driver or operator, except when assisting passengers to load or unload, or when answering the telephone.

(Prior Code § 3-3.604)

No driver of any motor vehicle described in this chapter shall drink or use any intoxicating liquor while he is on duty, and no driver shall work as a driver for more than a maximum of ten hours in any 24-hour period.

(Prior Code § 3-3.605)

Every person licensed to operate taxicabs under this chapter shall keep a daily record of the operating of each taxicab in service which record shall be open for inspection at all times by the Chief of Police or any person designated by him or the Council. The record shall contain the following facts: month, day and year, location and time of pickup, destination and time reached, and number of passengers carried. It shall be the duty of the driver to record the foregoing facts upon the completion of each trip or hiring.

(Prior Code § 3-3 606)

Each certificate holder must maintain an office for such business in a commercial business district zone.

(Prior Code § 3-3.607)

The holder of each certificate shall provide a rate schedule which, after submitted to the Council, shall be the official rates which will be charged to the public. Any changes in rates must be submitted to the Council prior to charging the public the new rate. All taxi cabs shall be equipped with meters, the operation of which shall be on the basis of the rate schedule. All rate schedules shall be placed in each taxicab in conspicuous view of the passengers.

(Prior Code § 3-3.608)

It is unlawful for any person to drive or operate any of the vehicles mentioned in Section 5.48.010 without first obtaining a permit in writing so to do from the Chief of Police. Permits issued will entitle the driver to

work for only that owner whose name appears on the permit. A new permit will be required for each subsequent employment.

(Prior Code § 3-3.701)

Applicants for such permits shall file applications therefore with the Chief of Police upon blanks to be furnished by the City.

(Prior Code § 3-3.702)

The permit shall be in the form of a card which shall bear signatures, photograph and fingerprints of the applicant. Such cards shall be issued in duplicate and one copy with the fingerprints, photograph and signature of the applicant shall be placed on file with the police department, and the other card shall be conspicuously displayed in the taxicab of the permittee during the times such taxicab is operated.

(Prior Code § 3-3.703)

No permit shall be issued to any of the following persons:

A.

Any persons under the age of 18 years;

B.

Any aliens who do not have a valid work permit;

C.

Any person who has been convicted of a felony or a crime involving moral turpitude;

D.

Any person who has been convicted of driving a vehicle recklessly or while under the influence of intoxicating liquor or narcotics within the last three years or has multiple convictions in either case within the last five years.

E.

Any person not possessing a valid California driver's license.

(Prior Code § 3-3.705; Ord. CS 578, 1984)

Each applicant for a permit shall be examined by a person designated by the Chief of Police as to his knowledge of the provisions of this chapter, the traffic regulations, and the geography of the City, and if the result of the examination is unsatisfactory, he shall be refused a permit. Each permit holder must present themselves to the Chief of Police at least every two years for reexamination and for renewal of the taxicab driver's permit.

(Prior Code § 3-3.707)

The Chief of Police may refuse to renew an operator's permit for the following reasons.

The following reasons shall be cause for automatic suspension of driver's permit:

A.

Been convicted of a felony or a crime involving moral turpitude; pandering; using, possessing selling or transporting narcotics; or imparting information for obtaining narcotics;

B.

Been convicted of driving recklessly or while under the influence of liquor or narcotics;

C.

Had his state driver's or chauffeur's license revoked, or suspended;

D.

Been convicted of any of the offenses set forth in Sections 23103, 22349, 22350 or 23152 of the Vehicle Code of the State, and amendments, or any combination of either or any of said offenses occurring during any continuous period not exceeding 12 months;

E.

When, for any reason, including other than the above, in the opinion of the Chief of Police, the applicant is unfit to drive a taxicab;

F.

Violation of any of the provisions of this chapter.

(Prior Code § 3-3.708; Ord. CS 766, 11-10-1998)

The Council may, by resolution, locate and designate taxicab stands, which stands when so established shall be designated "Taxi Only," or other appropriate designation. Such stands and the permits heretofore issued and hereafter issued to any person are non transferable. One stand only shall be issued to each taxicab company operating within the City.

(Prior Code § 3-3.801)

It is unlawful for the owner, driver, or operator of any taxicab to park or leave standing, or permit to leave standing a taxicab except in a regularly established taxicab stand on such streets of the City as are provided with parking spaces, or to stop or leave a taxicab along the curb or portion of street for the parking of vehicles on such streets as have been designated as the parking space for the parking of vehicles, for taking on or discharging passengers, except in the regularly established taxicab stand; provided further, that between the hours of 10:00 p.m. and 8:00 a.m. of the following day, such taxicab may stop, stand or park in any place where the parking of vehicles is otherwise permitted; provided further, however, that the right to park during the hours of 10:00 p.m. to 8:00 a.m. of the following day shall not relieve the persons so parking the taxicab or causing the taxicab to be parked, from liability under any other law now existing or which hereafter may be passed, referring to the parking of vehicles between said hours.

(Prior Code § 3-3.802)

A.

It is unlawful to operate any vehicle for taxicab service as defined in Section 5.48.010 unless there is filed and deposited with the City Attorney a policy of insurance executed and delivered by a company authorized to carry on an insurance business in this State, the financial responsibility of which company shall theretofore have been approved by the City Attorney, by the terms of which the insurance company assumes responsibility for injuries to persons and property caused by the operation of the vehicle in the following minimum amounts to wit:

1.

$500,000.00 for death or injuries to any one person in any one accident;

2.

$1,000,000.00 for death or injuries to two or more persons in any one accident;

3.

$100,000.00 for property damage.

B.

Certificates for insurance shall be accepted for a period not to exceed 180 days, during which time the owner shall file the original policy or insurance as herein before provided. Failure to provide the City with a copy of the certificate of insurance shall result in automatic suspension of the certificate of public convenience and necessity.

(Prior Code § 3-3.901)

The policy of insurance shall contain a provision against cancellation except on ten days prior written notice thereof to the City Council.

(Prior Code § 3-3.902)