Chapter 123 — TAXICABS

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

CERTIFICATE. A certificate of public convenience and necessity issued pursuant to this chapter.

TAXICAB. Every automobile or motor propelled vehicle by means of which passengers are transported for hire

upon any public street in the city, not over a regular or defined route, irrespective of whether the operation extends beyond the boundary limits of the city or not.

('83 Code, § 5.52.010)

(A) No person shall engage in the business of providing taxicab service or of operating a taxicab upon any public street within the city without having obtained a certificate to do so.

(B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 5.52.020) Penalty, see § 10.99

(A) Any person desiring to obtain a certificate shall pay a filing and processing fee as set by resolution of the City Council contemporaneously with the filing with the City Clerk of an application of the certificate.

• (B) The application shall set forth the following:

(1) The name and address of the applicant, and if the same be a corporation, the names of its principal officers, or if the same is a partnership, association, or fictitious company, the names of the partners or persons comprising the association or company, with the address of each.

• (2) A complete schedule of the fares or rates proposed to be charged.

• (3) A description of every motor vehicle which is proposed for certificated use, giving the:

• (a) Trade name;

• (b) Motor and serial number;

• (c) State license number;

• (d) Seating capacity; and

• (e) Body style.

• (4) The street number and exact location of the place where the applicant proposes to establish taxi stands.

• (5) The name of the legal and registered owner of each such vehicle.

• (6) The distinctive color scheme, name, monogram or insignia, which shall be used on the taxicabs.

• (7) If any proposed stand is in the public street, the application shall be accompanied by a written consent thereto

of all the occupants of the ground floor of any building or lot in front of which the taxicab is to be located, and for 25 feet each way there from, or if there is no such occupant, by the written consent thereto of the owner or lessee of the building or lot.

• ('83 Code, § 5.52.030)

Upon receipt of any application referred to in § 123.03, the City Clerk shall set a time, not less than ten nor more than 30 days thereafter for the hearing of the application before the City Council, and shall give written notice of the time and place of the hearing, to the applicant. ('83 Code, § 5.52.040)

At the time set for the hearing of the application, the City Council may examine the applicant and all persons interested in the matter set forth in the application, and shall determine whether or not the public interest, convenience and necessity, require the issuance of the certificate applied for. If it is found by the Council that the public interest, convenience and necessity require the issuance of the certificate applied for, it shall order the City Manager to issue a certificate in accordance with the application, subject to the provisions of this chapter, and such conditions of approval as may be imposed by the City Council including, but not limited to, rates to be charged. ('83 Code, § 5.52.050)

Any of the following reasons shall be sufficient for denial of the certificate:

(A) That the application is not in the form, and does not contain the information required to be contained therein by this chapter.

(B) That the vehicles described therein are inadequate or unsafe for the purposes for which they are to be used.

(C) That the color scheme, name, monogram, or insignia to be used upon such automobiles would be in conflict with or imitate any other certificate.

(D) That the location of the stand, as requested would congest or interfere with travel on any public street, or that the proposed stand is within 300 feet of any other taxi stand theretofore fixed by the City Council on the same street.

(E) That the City Council finds that there are a sufficient number of taxicabs and automobiles for hire in the city to fully serve the public and that the granting of more certificates would unduly congest the traffic and interfere with the free use of the public streets by the public, and that the public interest, convenience and necessity do not require the issuance of the certificate.

('83 Code, § 5.52.060)

Before a certificate is issued by the City Manager, the applicant to whom a certificate will be awarded, shall deliver to the City Manager a certificate of insurance, executed by a company duly authorized under the laws of the state to do an insurance business by the provisions of which policy the company promises and undertakes to pay in full all claims for damages to persons or property resulting from the operation of the automobile referred to in the application; provided, that the maximum amount for which liability shall be assumed for injury to or death of one person in any one accident shall be in minimum amounts set by the City Manager. ('83 Code, § 5.52.070)

Any certificate granted under the provisions of this chapter may be revoked by the City Council, after the conduct of a hearing hereon, noticed as provided in § 123.04, for any of the following reasons:

• (A) That the insurance required hereby has not been given or has been withdrawn or lapsed, for any reason.

• (B) For the nonpayment to the city of any license fee required by this code.

• (C) For failure to observe any of the rules and regulations or provisions set out in this chapter or in the certificate.

• (D) For the violation of any applicable law by any certificate holder, operator or driver of any taxicab covered by the certificate.

• (E) For the failure to maintain satisfactory service to the public.

(F) For any cause which in the opinion of the City Council makes it contrary to the public interest, convenience and necessity for the certificate to be continued in effect.

('83 Code, § 5.52.080)

In the event that any certificate holder desires to change his schedule of rates and charges or the color scheme, name, monogram or insignia used on the taxicab, or to substitute any vehicle for and in place of the vehicle described in the application, or to increase or decrease the number of vehicles used by him as taxicabs, he shall first pay a filing and processing fee as set by resolution of the City Council contemporaneously with the filing with the City Clerk of an application for permission to do so from the City Council, which permission shall be granted if, in the discretion of the City Council, it deems the public interest, necessity and convenience will be served by such change, and if the certificate holder has complied with all provisions of this chapter. ('83 Code, § 5.52.090)

(A) No person shall refuse to pay the legal fare for the hire of any taxicab, after having hired the taxicab, with the intent to defraud the person from whom it is hired.

(B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 5.52.100) Penalty, see § 10.99

RULES AND REGULATIONS

The rules and regulations set out in this chapter shall be observed by all persons operating taxicabs. ('83 Code, § 5.52.110) Penalty, see § 10.99

(A) No taxicab driver shall, when soliciting passengers, remain standing upon any public street except for loading and unloading passengers, and then not for a period of more than five minutes, except at an approved taxi stand. (B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 5.52.130) Penalty, see § 10.99

(A) No operator, driver or owner of any taxicab shall solicit or carry any passenger after the taxicab shall have been engaged or while in use for another passenger without the consent of the passenger first engaging the same, having been obtained. A passenger or passengers engaging the taxicab shall have the exclusive right to full and free use of the passenger compartment and the whole thereof if he desires the same.

(B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 5.52.140) Penalty, see § 10.99

(A) The driver of any taxicab shall carry any passengers engaging the same safely and expeditiously to their destination by the most direct and accessible route.

(B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 5.52.150) Penalty, see § 10.99

(A) All taxicabs shall be kept in good mechanical condition.

(B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 5.52.160) Penalty, see § 10.99

(A) No person shall drive a taxicab in the city without first having obtained a California Chauffeur's License.

(B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 5.52.170) Penalty, see § 10.99

(A) Every taxicab shall have posted in the passenger's compartment, a schedule of rates and charges for the hire of the vehicle. Also a card bearing the driver's name and address and the owner's name, address and telephone number, the cab number, and the City Police Department phone number, all contained in a small container or holder at least three to four inches in size, and placed in a conspicuous place in the passenger compartment.

(B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 5.52.180) Penalty, see § 10.99

(A) The driver of a taxicab shall remain immediately adjacent to the taxicab while parked at any approved taxi stand.

(B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 5.52.190) Penalty, see § 10.99

• (A) No charge shall be made by any operator or owner of a taxicab in excess of the approved rates.

(B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 5.52.200) Penalty, see § 10.99

(A) No taxicab shall be operated unless the passenger compartment is kept clean and in sanitary condition.

(B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 5.52.210) Penalty, see § 10.99

(A) Every taxicab shall be equipped at all times with a standard type of fire extinguisher in operating condition.

(B) Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction. ('83 Code, § 5.52.220) Penalty, see § 10.99

Every taxicab shall be equipped at all times with one or more of the following taxi emergency notifications systems:

• (A) A warning light system mounted on the roof which is operable from the interior of the taxicab;

• (B) An emergency signal on the taxicab’s radio which transmits to the taxicab’s dispatcher;

• (C) An automobile vehicle locator system (e.g., On-Star or equivalent);

• (D) A Lojack locating device, or its equivalent;

• (E) A shield separating the front seats of the taxicab from the back seats;

• (F) Another safety device or safety policy consistent with the intent of this section and as approved by the Police Department of the city.

• (Ord. 1254, passed 12-1-04; Am. Ord. 1255, passed 1-5-05)