Banning Municipal Code Art. I In General

For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section.

Automobile for Hire. Every automobile or motor propelled vehicle by means of which passengers are transported for hire upon any public street in the city and not over a regular or defined route, irrespective of whether the operation extends beyond the boundary limits of the city or not, excepting vehicles embraced within the term "taxicab" and excepting vehicles of "transportation companies" as herein defined.

Taxicabs. Every automobile or motor propelled vehicle by means of which passengers are transported for hire upon any public street in the city and not over a regular or defined route, irrespective of whether the operation extends beyond the boundary limits of the city or not, where the charge for such transportation is measured by the distance traveled or by the time required for such transportation, or both, excepting vehicles of transportation companies, as herein defined.

Transportation Companies. "Transporting company" as defined in that certain act of the legislature of the state approved May 10, 1917, providing for the supervision and regulation of the transportation of persons and property for compensation over public highways by automobiles, jitney buses, auto trucks, stages and auto stages, and all amendments to such act.

(Code 1965, § 24-1.)

It shall be unlawful for any person to operate, or cause to be operated, along or upon any public street in the city, any vehicle for the transportation of passengers for hire, irrespective of whether such operations extend beyond the boundary limits of the city, except the following:

A. A taxicab or automobile for hire when authorized by a permit issued in accordance with the provisions of this chapter.

B. A vehicle operated by a duly authorized "passenger stage corporation" as defined in the Public Utilities Act of the state.

C. A vehicle operated by the holder of a franchise duly and regularly awarded by the city council.

(Code 1965, § 24-2.)

Any person operating a taxicab or automobile for hire shall wear a distinctive hat or cap with a badge in plain sight inscribed with the name of the person to whom the permit has been issued. This section shall not apply, however, to an individual to whom a permit has been issued under this chapter when he is driving his own car.

(Code 1965, § 24-3.)

No person shall be entitled to space on the street for more than one taxicab or automobile for hire and all applicants for a permit required by Section 5.64.190 for more than one vehicle shall be required to provide parking space for the remainder of such vehicles off the streets of the city.

(Code 1965, § 24-4.)

No taxicab or automobile for hire shall remain standing upon any portion of any public street within the city, except for loading and unloading passengers, and then for a period of not more than five minutes, except at a stand authorized by the city council. This section shall not apply to any taxicab or automobile for hire while the same is engaged by a passenger.

(Code 1965, § 24-5.)

No owner or operator of a taxicab or automobile for hire shall solicit patronage for the same from the vehicle or within one hundred yards therefrom, upon any public street or sidewalk, save and except at railroad or bus depots .

(Code 1965, § 24-6.)

No operator or owner of a taxicab or automobile for hire shall solicit or pick up any passenger after such vehicle has been engaged by another without the latter's consent.

(Code 1965, § 24-7.)

The operator of a taxicab or automobile for hire shall carry passengers to their destination by the most direct and accessible route.

(Code 1965, § 24-8.)

All taxicabs and automobiles for hire used in the city shall be operated in a careful and prudent manner.

(Code 1965, § 24-9.)

All taxicabs and automobiles for hire used in the city shall be kept in good mechanical condition.

(Code 1965, § 24-10.)

It shall be unlawful for any person to operate a taxicab or automobile for hire within the city, without first obtaining a state chauffeur's license.

(Code 1965, § 24-11.)

No owner or operator of a taxicab or automobile for hire shall indulge in unfair competition with competitors or shall commit any fraud upon the public or other persons engaged in the same business. The city council shall be the sole judge of what constitutes fraud or unfair competition under the provisions of this section.

(Code 1965, § 24-12.)

Complaints to the city council of violations of Section 5.64.120 shall be heard upon written statements specifying the acts complained of, sworn to before an officer authorized to administer oaths.

(Code 1965, § 24-13.)

Every taxicab and automobile for hire shall have posted in the passenger's compartment a schedule of rates and charges for the hire of the vehicle, a copy of this chapter and also a card bearing the owner's name, address and telephone number and the police department phone number, all contained in a metal container or holder and placed in a conspicuous place in the passenger compartment.

(Code 1965, § 24-14.)

Every taxicab and automobile for hire shall be equipped with a light of not less than two candlepower so arranged as to illuminate the whole of the passenger compartment. Such light shall be constantly lighted while any passenger is in such vehicle, except when the vehicle is in motion, from one-half hour after sunset to one-half hour before sunrise of the next day and no shades or blinds shall be drawn over the windows while any passenger is in such vehicle.

(Code 1965, § 24-15.)

No charge shall be made by any operator or owner of a taxicab or automobile for hire in excess of the rates approved by the city council and posted in the passenger compartment.

(Code 1965, § 24-16.)

No taxicab or automobile for hire shall be operated unless the passenger compartment is kept in a clean and sanitary condition.

(Code 1965, § 24-17.)

It shall be unlawful for any person to refuse to pay the legal fare for the hire of any taxicab with the intent to defraud the person from whom it is hired.

(Code 1965, § 24-18.)