Barstow Municipal Code Ch. 5.24 Taxicabs

Footnotes:

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State Law reference— Local regulation of taxicabs, Government Code § 53075.5; authority to regulate taxicabs and vehicles for hire, Vehicle Code § 21100(b); municipal authority to license and regulate the operation of vehicles for hire, Vehicle Code § 16501.

For the purpose of this chapter the following terms shall have the meanings respectively ascribed to them in this section unless, from the particular context, some other meaning is clearly intended.

Carrier means every person, corporation, partnership, joint venture or other form of business organization, their lessees, receivers or trustees, engaged in operating, or causing to be operated, any vehicle required by the provisions of this chapter to obtain a taxi company permit.

Chief of police includes any designee of the chief of police.

Compensation means any money, thing of value, payment, consideration, reward, tip, donation, gratuity or profit paid to, accepted, or received by the driver of any vehicle in exchange for transportation of persons, whether paid upon solicitation, demand or contract or voluntarily, or intended as a gratuity or donation.

Driver means every person driving, operating or in charge of any vehicle as defined by this chapter.

Identification card means the card issued by the city clerk which shows, among other things, the name and picture of the taxi driver who has been issued a taxi driver's permit.

Permittee means every person to whom a permit has been issued pursuant to this chapter.

Person means a natural person, his heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns or the agent of any of the aforesaid.

Stand means a particular place on a public street in the city which has been designated by the city council for the use of the particular vehicles authorized by this chapter to stop or stand in said place while awaiting employment.

Taxi driver's permit means the permit issued by the chief of police to any persons operating or driving any vehicle as defined by this chapter. No person may operate a taxi, or obtain a business license therefor, without a valid taxi driver's permit.

Taxicab or taxi means every vehicle of a distinct color or commercial appearance used for the transportation of passengers and/or baggage and packages over the streets of the city for compensation irrespective of whether or not the operation extends beyond the boundaries of the city; and whose service is demand-responsive; and whose fare is determined and indicated by a taximeter, or by posted rates pertaining to a shared ride; and which has a top light and a uniform monogram or insignia, a vehicle number, and telephone number clearly visible on the body of the vehicle; and whose route and destination are under the exclusive control of the passengers being transported.

Taximeter means a mechanical or electronic device by which the charge for hire of a taxicab is automatically calculated, either for distance traveled or for waiting time, or both, and upon which such charge is plainly registered by means of figures indicating dollars and cents.

Vehicle means every motor-propelled vehicle used for the transportation of persons over the public streets, and not upon rails or tracks.

Vehicles for hire means every vehicle designed for carrying not more than eight persons, excluding the driver, which is covered by this chapter, and where the destination and route are under the control of the passengers being carried for compensation.

(Code 1969, § 5.24.010; Ord. No. 558, § 1(part), 1986; Ord. No. 892-2012, § 1(5.24.010), 6-18-2012)

(a) Taxi company requirements. As more fully described in section 5.24.020, no person may operate a taxi company unless the city issued the company a taxi company permit. Taxi companies shall also comply with any applicable requirements of chapter 5.04 (Business licenses).

(b) Taxi drivers. As more fully described in section 5.24.340, no person may operate a taxi unless that person has first obtained a taxi driver's permit and a taxi driver identification card. Independent contractors operating pursuant to a taxi company permit must also comply with chapter 5.04 (Business licenses).

(Ord. No. 892-2012, § 1(5.24.015), 6-18-2012)

No person shall drive, operate or cause to be operated, nor shall any person employ, permit or allow another to drive, operate or cause to be operated, any vehicle over any street of this city for the purpose of transporting any passengers for compensation, regardless of whether such operation extends beyond the boundary limits of the city, nor shall any person solicit, induce, persuade, invite or procure such transportation of passengers for compensation or accept compensation therefor without a taxi company permit first having been obtained from the city council authorizing such operations and acts, except:

(1) Vehicles from other municipalities. A vehicle which is lawfully transporting passengers from a point outside the city to a destination within the city or is en route to a destination outside the city; provided that no driver shall, without such company permit, solicit, or accept passengers from within this city for transportation to any destination whatsoever.

(2) Public transit vehicles. A vehicle being operated pursuant to a franchise or company permit issued by the city and vehicles operated by public agencies.

(3) School transit vehicles. A vehicle being operated for the purpose of transporting bona fide pupils attending an institution of learning between their homes and such institutions. For these purposes, the term "institution of learning" means a school wherein is conducted a regular program of general education and instruction in the public schools of the state.

(4) Ride-share vehicles. A vehicle being operated under what is commonly referred to as a share the ride plan or arrangement, where a person en route from his place of residence to his place of business, or vice versa, transports another person or other persons living and working in the same general vicinities upon payment of a sum estimated to cover the actual or approximate cost of operation of the vehicle.

(5) U-drive vehicles. Vehicles rented or leased for self-operation by a person using such vehicle under a plan commonly known as a U-drive, but not when transporting other persons for compensation.

(6) Funeral vehicles. Vehicles used exclusively in funerals by a person engaged in the business of undertaker or funeral director.

(7) CPUC-authorized vehicles. Vehicles operating pursuant to a certificate of public convenience and necessity issued by the state public utilities commission, but only to the extent, character and type of operation and regulation expressly prescribed by the certificate issued by said commission. No person shall be exempt from the provisions of the ordinance codified in this chapter if operating pursuant to an exemption certificate issued by either the state public utilities commission or interstate commerce commission.

(Ord. No. 892-2012, § 1(5.24.020), 6-18-2012)

Any person desiring a taxi company permit to operate vehicles covered by this chapter shall file an application therefor with the city council. Such petition shall be verified by oath of the applicant, if a natural person; or by oath of an officer or partner of the applicant, if applicant is a corporation, partnership, association or unincorporated company, and which application shall set forth:

(1) Contact information. The name, age and address of the applicant, if a natural person; or if a corporation, its name, date and place of incorporation, address of its principal place of business and the names of all its officers, together with their respective addresses; or if a partnership, association or unincorporated company, then the names of the partners comprising the partnership, association or company, together with their respective addresses.

(2) Business location. The address or proposed address of place of business.

(3) Experience. Summary of current and/or past related business experience of applicant.

(4) Balance sheet. A full and current statement of the applicant's assets and liabilities.

(5) Business plan. Full information pertaining to the extent, character, and quality of the proposed operation of the business and the manner in which such proposed operations are to be conducted, including statement of how the business will ensure vehicles will be adequately maintained and operated in a safe manner.

(6) Service and hours. Proposed hours of operation, service area, and dispatch procedures, employee training, safety record, and method for monitoring the quality of service.

(7) Rates. Proposed rates to be charged.

(8) Insignia. The trade name or style under which the applicant proposes to operate and the description of the proposed color scheme, insignia or other distinguishable characteristics of every vehicle to be used, including the type of illuminated sign to be mounted on the top of the vehicle and legend thereon.

(9) Vehicle information. For each vehicle proposed to be operated for which a permit will be requested, the manufacturer, model, year, state license numbers, vehicle identification number (VIN), mechanical and interior condition of the vehicle, and manufacturer's established seat capacity.

(10) Independent mechanical inspection. Written proof acceptable to the city manager that an independent professional automotive mechanic has inspected each vehicle to be operated and has declared the safety of each vehicle to be operated.

(11) Police department inspection. Written proof acceptable to the city manager that the chief of police has inspected each vehicle to be operated and declared that each vehicle meets all requirements of this Code.

(12) Vehicle legality. A statement that there are no outstanding parking and registration violations on any of the vehicles proposed to be used.

(13) Insurance. Proof that the applicant and all vehicles will have insurance that meets the requirements of state law and the requirements of section 5.24.070 (Insurance and indemnity).

(14) Driver information. The names of all taxi drivers that the applicant expects to operate taxicabs in the city pursuant to the taxi company permit, and a statement that the taxi company will not allow any person to operate a taxi unless the person is operating pursuant to a valid city issued taxi driver's permit. The applicant shall submit evidence that each such taxi driver has passed all required drug testing requirements.

(15) Additional information. Any further information which the applicant believes supports the granting of a permit, or that the city council may require.

(Ord. No. 892-2012, § 1(5.24.030), 6-18-2012)

(a) Background check. Each applicant for a taxi company permit shall undergo a background investigation which shall include a criminal history investigation and a credit check. The background investigation may include, among other things, reviewing police reports filed by or about any applicant, contacting references, investigating the accuracy of information submitted in the application, reviewing applications for licenses or certificates, and reviewing any other information reasonably deemed to relate to whether the city should issue a taxi company permit.

(b) Public hearing. Upon receipt of any completed application referred to hereinabove, the city clerk shall set forth a time not less than ten, nor more than 50, days after the applicant has been advised that the application is complete, including the background check required by subsection (a) of this section, for the hearing of the application before the city council and notice shall be given to the applicant by mail of the time so set at least five days before the date of such hearing. A notice of the public hearing shall be published once in a newspaper of general circulation in the city at least ten days prior to the hearing. The hearing shall be conducted consistent with the requirements of section 5.24.080 (Taxi company permit hearing).

(Ord. No. 892-2012, § 1(5.24.040), 6-18-2012)

(a) Year-end expiration. All taxi company permits shall expire one year from the date of issuance.

(b) Application contents. Each renewal application for a taxi company permit shall include a report on the prior year's operations, proof that every taximeter in each vehicle has been tested for accuracy in the last year as required by section 5.24.200 (Taximeters), and a current financial statement in a form approved by the city manager. The application shall be filed on a form provided or otherwise approved by the city manager.

(c) Sixty-day deadline. Complete renewal applications shall be filed with the city manager at least 60 days prior to the expiration of the taxi company permit.

(d) Criteria for renewal. After receipt of a timely and complete application of the permittee, the city manager shall renew the permit if the city manager determines that, based upon the contents of the application and the applicant's operational history, the permittee is likely to comply with the requirements and purposes of this Code for the succeeding year.

(e) Deadlines for city manager decision.

(1) For all complete renewal applications received by the city manager at least 60 days prior to the expiration of the permit, the city manager shall issue a written determination of whether to renew the taxi company permit within 30 days of receipt. Such determination shall be final unless an appeal therefrom is filed with the city council within ten days of the city manager issuing written notice of his decision.

(2) If the applicant files a complete application for renewal less than 60 days prior to the expiration of the taxi company permit, but before the expiration of the permit, the city manager shall issue a written determination of whether to renew the taxi company permit within 30 days of receipt; if the city manager's decision is not made until after the permit would otherwise expire, then the applicant shall not operate pursuant to the expired (and still unrenewed) permit unless and until the permit is renewed. Such determination shall be final unless an appeal therefrom is filed with the city council within ten days of the city manager issuing written notice of his decision.

(3) If an appeal of the city manager's decision is timely filed, within ten days thereof, the city clerk shall notify the appellant and permittee of the date, time and place of the hearing. At the time set, the council shall hear the permittee, city manager, and other interested persons and may either affirm, amend, or annul the city manager's decision. If the city council does not conclude its public hearing on an appeal prior to the date the permit would otherwise expire, then the applicant shall not operate pursuant to the expired (and still unrenewed) permit unless and until the permit is renewed. The decision of the city council shall be final.

(4) If no application for renewal is filed prior to the expiration date, the company permit shall expire and cannot be renewed. The taxi company with the expired taxi company permit may apply for a new permit under section 5.24.030 (Application for taxi company permit).

(Ord. No. 892-2012, § 1(5.24.050), 6-18-2012)

(a) Buyer must apply to city. If an owner to whom a taxi company permit has been issued desires to sell or transfer his business, the intended buyer must make application to the city for a permit as required by this chapter. The seller and holder of the permit must file an affidavit of intention to surrender and cancel the existing permits conditionally upon and concurrently with consummation of sale and issuance of permits in the name of the buyer.

(b) Issuance of new permit to buyer. If the buyer applicant meets the requirements as set forth in this chapter for the issuance of a taxi company permit, the city shall issue a new permit to the buyer and concurrently shall cancel the seller's permit.

(Ord. No. 892-2012, § 1(5.24.060), 6-18-2012)

(a) Insurance required. No taxi company permit or taxi driver's permit shall be issued or continued in operation unless there is in full force and effect and covering each vehicle classified hereunder a policy of insurance, which policy shall insure the public against any loss or damage that may result from the operation of the vehicle, and provided further that the policy of insurance shall provide for maximum recovery of not less than $1,000,000.00 combined single limit with the city as an additional named insured. Current evidence of insurance shall be filed and maintained with the city clerk. Each policy shall be issued by an insurer admitted in the state and have a rating of at least A- in the latest edition of Best's Insurance Guide.

(b) Replacing expiring insurance. The applicant shall provide proof that required policies of insurance that are expiring will be renewed or replaced with other policies providing at least the same coverage. Such proof shall be furnished at least two weeks prior to the expiration of the coverages. All of the policies required under this chapter shall contain an endorsement providing that the policies cannot be canceled or reduced except on at least 14 days prior written notice to the city. Applicant shall require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" (or similar language) with regard to any notice provisions.

(c) Insurance is primary. All insurance benefitting the city shall be primary to any coverage available to the city. Any insurance or self-insurance maintained by city and/or its officers, employees, agents or volunteers shall be in excess of applicant's insurance and shall not contribute with it. Applicant shall waive all rights of subrogation against the city.

(d) Enforcement. Failure to maintain required insurance shall be cause for suspension and/or revocation of a permit pursuant to section 5.24.110 (Taxi company permit, suspension or revocation) or 5.24.370 (Taxi driver's permit and taxi driver's identification card in vehicle).

(e) Indemnification. Prior to the issuance or renewal of any permit under this chapter, the applicant or permittee shall execute an indemnity agreement on a form provided by the city which provides that, by the acceptance or use of the permit, the permittee shall defend, indemnify and hold harmless the city, its officials, agents, and employees from and against any and all claims, demands, damage, causes of action, proceedings, loss, liability, costs and expenses (including reasonable attorney fees) (collectively in this subsection, "claim") alleging injury to or death of persons or damage to property and that such injury, death or damage arises from or is attributable to or caused by the operations conducted pursuant to said permit and provides that permittee shall notify the city of any claim within ten days.

(Ord. No. 892-2012, § 1(5.24.070), 6-18-2012)

(a) Hearing on application. No taxi company permit shall be granted to any carrier, as defined in this chapter, except after a hearing thereon conducted under and in accordance with such rules and regulations as may from time to time be prescribed by the city council, nor until the city council has determined that the public convenience and necessity require the operation proposed by the applicant for the permit. The city council, in determining whether such facts exist, shall take into consideration the public demand for the service, the adequacy or inadequacy of service being rendered by other carriers, the effect of the service upon traffic, the financial responsibility of the applicant, the amount of wages to be paid to employees, the character of equipment proposed to be furnished, the history of claims, insurance and accidents, all information provided with the application that the city council deems relevant, and any and all other facts which the city council may deem relevant. Before granting any such permit, the city manager shall present to the city council, either orally or in writing, a report, together with his opinion, as to the existence of public convenience and necessity for the operation of additional vehicles. However, the burden of establishing the existence of public convenience and necessity shall always be borne by the applicant for a taxi company permit, and no such taxi company permit shall be issued unless there has been an affirmative showing of the existence of such public convenience and necessity by the applicant.

(b) Issuance of permit. The city council shall either grant or deny a permit upon the proposed terms, or upon terms and conditions other than those proposed. The permit shall authorize the operation of a maximum number of vehicles which may be increased only by action of the city manager. When issued, the permit shall constitute evidence of compliance with the terms of this chapter and shall authorize the permittee to operate vehicles under the conditions therein specified; subject, however, to the requirements, obligations and limitations imposed by other applicable laws, ordinances, and orders of the city council, and shall become effective only upon payment of all fees required by this chapter for which fees have been established.

(Ord. No. 892-2012, § 1(5.24.080), 6-18-2012)

(a) Application fee. A nonrefundable application fee to defray the cost of processing the application for a taxi company permit under this chapter shall be required to be paid by every applicant seeking such a permit.

(b) Permit issuance fee. A permit issuance fee shall be required to be paid by each applicant whose application for a taxi company permit has been granted and/or renewed, pursuant to the provisions of this chapter, to defray the cost of processing the permit.

(c) Establishing fees. The city manager is authorized to establish the amount of the application and permit fees, which amount shall not exceed the actual cost of processing the application and the permit. Such fee may also be established by resolution of the city council. If no fees have been established, then no payment of such fees is required.

(Ord. No. 892-2012, § 1(5.24.090), 6-18-2012)

(a) Grandfathering existing company permits. Every owner operating a taxicab or public transportation vehicle for hire within the city prior to the effective date of the ordinance codified in this section shall be presumed, in the absence of any contrary evidence presented to the council, to have provided prima facie evidence of public convenience and necessity for the licensing of the taxicab or public transportation vehicles for hire in operation, and is authorized to continue to operate under existing certificates. Such company permits shall expire as described in section 5.24.050 (Term and renewal of company permits), and may be renewed consistent with the procedures set forth therein.

(b) Grandfathering annexed areas. Notwithstanding any provision in this chapter to the contrary, any person who has been authorized by proper governmental authority to operate vehicles for hire in an unincorporated area which is later annexed to the city, and who is so authorized at the completion of such annexation proceedings, may, upon the application of such person therefor, and at the discretion of the city council, be issued a permit to operate vehicles for hire in the annexed area. Application for such permit shall be made and the permit may be issued in accordance with the provisions of this chapter, except that no hearing thereon is required and no such person shall be required to establish the existence of public convenience and necessity for such operation in the annexed area. In such case, the city council shall be under no duty, as a condition precedent to the issuance of such permit, of determining that the public convenience and necessity require the operation.

(c) Limitation of grandfathering. Nothing in this subsection (c), nor in any permit issued pursuant subsection (b) of this section, shall be construed as authorizing the permittee to operate in any portion of the city other than the annexed area, except when transporting passengers from a point within such area to any other point within the city. In no event shall the permit authorize the permittee to solicit or accept passengers from within any portion of this city, other than the annexed area, for transportation to any destination whatever. Nothing in this section nor in any permit issued pursuant to this section shall exempt the permittee from the necessity of complying with the remainder of the provisions of this chapter or the provisions of any other ordinance of the city applicable to his operation or lawful rule or regulation of the city council.

(Ord. No. 892-2012, § 1(5.24.100), 6-18-2012)

(a) City manager hearing on suspension or revocation. The city manager may submit written notice to a taxi company that the city manager will conduct a public hearing on whether to suspend or revoke the taxi company permit. The public hearing can occur no earlier than two days after written notice of the time and place of the public hearing was issued to the taxi company. During the public hearing, the city manager shall hear from any parties wishing to provide evidence as to whether any suspension or revocation is appropriate. After hearing from all interested parties, the city manager may suspend or revoke the taxi company permit if the city manager concludes that provisions of this chapter have been violated, or that any holder of such a permit has failed to comply with the terms of such permit or the rules and regulations of the city council pertaining to the operation of the taxi company or taxicabs, or pertaining to the extent, character and quality of the service of the taxi company or taxicabs. After conducting the public hearing, the city manager shall provide written notice of the manager's determination of whether the company permit will be suspended or revoked, and shall state the grounds upon which any suspension or revocation is based.

(b) Appeal of suspension or revocation. If, after the completion of the procedures listed in subsection (a) of this section, the city manager determined to suspend or revoke the license, the license shall be suspended immediately upon issuance of written notice of the manager's determination to the taxi company. If an appeal of the determination is filed within ten calendar days, the city clerk shall set a time for hearing before the city council, and provide the permittee, and any other party requesting notice, written notice of the date, time and place of the hearing. At the time set, the city council shall hear the permittee, city manager, and any other interested persons, and may either affirm, revise or overturn the city manager's order. The decision of the city council shall be final. If no appeal of the city manager decision is timely filed, then any order of revocation shall be effective immediately on the 11th day after issuance of written notice of the manager's determination to the taxi company.

(c) Immediate suspension. Notwithstanding the provisions of subsection (a) or (b) of this section, if the city manager determines that any of the provisions of this chapter have been violated and that there is an imminent threat to the public safety or welfare if the permittee were to continue to operate, the city manager may immediately suspend the taxi company permit, provided the city manager concurrently provides notice that the city manager will conduct a public hearing as outlined in subsection (a) of the section. Any suspension issued pursuant to this subsection shall remain in force unless the city manager revokes the suspension, the taxi company permit is revoked, or the city council takes actions as outlined in subsection (b) of this section.

(Ord. No. 892-2012, § 1(5.24.110), 6-18-2012)

(a) Business license authorized. Each taxi company or taxi driver's permit issued pursuant to the requirements of this chapter shall entitle the holder thereof to obtain a license to engage in the business described in the taxi company or taxi driver's permit upon payment of the business license fees required by the licensing provisions of this Code, provided the holder of the permit complies with all other applicable provisions of law or ordinance.

(b) Business license required. No person shall be entitled to receive a business license to engage in the business described in the taxi company or taxi driver's permit without first having received any permit required by this chapter.

(Ord. No. 892-2012, § 1(5.24.120), 6-18-2012)

No carrier granted a taxi company permit under this chapter shall conduct any operation or engage in, furnish, or render any service other than the service authorized by its taxi company permit granted by the city council in accordance with the provisions of this chapter.

(Ord. No. 892-2012, § 1(5.24.130), 6-18-2012)

The carrier shall be responsible for all activities of any person operating a vehicle pursuant to the taxi company permit, even if that person is an independent contractor, or is operating pursuant to similar business arrangement. The carrier's permit may be revoked based upon the actions of any person operating pursuant to the taxi company permit.

(Ord. No. 892-2012, § 1(5.24.135), 6-18-2012)

Taxicab service shall be available by telephone or by engagement of the taxicab when standing at a stand or when properly hailed from the street or curb. Telephone calls for service shall be answered in a reasonable time. No driver shall work any shift which exceeds 12 hours and no driver shall work more than 12 hours in any 24-hour period. All shifts are to begin and end at the garage. When a taxicab of such carrier is standing in a stand, no carrier or driver of a taxicab shall refuse or neglect to transport any orderly person upon request anywhere in the city, and such service shall be rendered immediately upon request unless the driver is in physical danger.

(Ord. No. 892-2012, § 1(5.24.140), 6-18-2012)

There shall be displayed in each taxicab, in a place easily read by passengers, a notice, in both English and Spanish, which informs passengers of their right to make customer service inquiries or complaints to the city. Said notice shall provide a telephone number of the appropriate city department. The form and content of the notice shall be approved by the city manager before it is posted in any taxicab.

(Ord. No. 892-2012, § 1(5.24.150), 6-18-2012)

No rate or fare shall be placed in effect, charged, demanded or collected by any carrier for the transportation of passengers by vehicle covered by this chapter until the rate or fare has been established and authorized by city council and the city council, after a hearing upon its own motion, or upon application, or upon complaint, has found and determined the rate to be just, reasonable and nondiscriminatory, and not in violation of any provisions contained in this chapter or any other provision of law. In establishing and authorizing such rates or fares, the city council must take into account and give due and reasonable consideration to the cost of all comparable transportation services performed by all persons engaged in the transportation of persons for compensation in the city, whether by virtue of any franchise or permit granted by the city council or otherwise, including length of haul, any additional transportation service performed or to be performed, or of any accessory service and the value of facilities reasonably necessary to perform such transportation service.

(Ord. No. 892-2012, § 1(5.24.160), 6-18-2012)

Upon the granting of any permit to any carrier as provided by this chapter, a copy of the permit setting forth the rates established and authorized by the city council shall be transmitted by the city clerk to the chief of police, who shall, thereupon, be charged with the duty of enforcement of the rates and the applicable provisions of this Code and other ordinances pertaining to the operation of vehicles for hire.

(Ord. No. 892-2012, § 1(5.24.170), 6-18-2012)

Every taxicab used or operated under this chapter shall, at all times, have displayed therein in a location and in a manner prescribed by the city manager, the rates to be charged for the taxicab service, which rates shall be clearly posted in a location and manner allowing for easy reading by the passengers.

(Ord. No. 892-2012, § 1(5.24.180), 6-18-2012)

No carrier, or any agent or employee thereof, or any driver or operator of any vehicle covered by this chapter, shall charge, collect, demand, receive, arrange, solicit or bargain for any amount of compensation other than the rates or fares established and authorized by the city council.

(Ord. No. 892-2012, § 1(5.24.190), 6-18-2012)

(a) Taximeter required. No carrier shall operate any taxicab in the city unless and until the taxicab is equipped with a taximeter of a type and design which has been approved by the city manager, and it shall be the duty of the carrier operating such taxicab, and also the driver thereof, to keep the meter operating at all times within such standard of accuracy as may be prescribed from time to time by the city manager. No passengers shall be carried in any such taxicab unless the taximeter is in operation, unless the taxicab is carrying multiple passengers and the rate schedule for this service is clearly posted for passenger viewing. This provision shall apply whether the taxicab is engaged for a trip entirely within the boundaries of the city or partially outside thereof, and the meter shall be kept operating continuously during the entire time that the vehicle is engaged in the transportation of passengers for compensation, regardless of the point of destination.

(b) Taximeter visibility. The taximeter shall be placed in each taxicab so that the reading dial showing the amount to be charged shall be well lighted and readily discernible to any passenger riding in such taxicab.

(c) Inspections of taximeters. Every taximeter used in the operation of taxicabs shall be subject to inspection at any time by the city, or any of its agents or employees. Upon discovery or notification of any inaccuracy of the taximeter, the operator thereof shall remove, or cause to be removed from service any vehicle equipped with said taximeter until the taximeter has been repaired and accurately adjusted.

(d) Testing of taximeters. Every taximeter shall be inspected and tested for accuracy by the carrier at least once a year. This inspection and testing may be completed as part of any company renewal application process. Upon the completion of such inspection and of any adjustments necessary to cause the taximeter to operate within the standards of accuracy approved by the city council, the carrier shall cause to be placed upon the meter an adhesive label having printed thereon the following: "The taximeter was inspected and tested on ________ (date), and found to comply with standard of accuracy prescribed by the city council of the City of Barstow." The date on which the inspection was made shall be stamped in the blank space provided for that purpose. No such label shall be removed except at the time a subsequent inspection is made.

(e) Taxicab availability. No driver of any taxicab, while carrying passengers, shall display the flag attached to the taximeter in such a position as to denote that the vehicle is not employed, or fail to throw the flag of the taximeter to a position indicating the vehicle is unemployed at the termination of each and every service.

(f) Charge calculations. All charges for taxicab service shall be calculated and indicated by a taximeter or a rate schedule for multiple passenger service, and at all times which the taxicab is engaged, the taximeter shall register charges for mileage or charges for waiting time. No taximeter shall be so operated as to cause any charge to be registered thereon except during the time while the taxicab is engaged by passengers.

(Ord. No. 892-2012, § 1(5.24.200), 6-18-2012)

For the purpose of this chapter, the term "waiting time" means the time consumed while the taxicab is not in motion at the direction of a passenger and also the time consumed while waiting for a passenger after having responded to a call; but no charge shall be made for the time consumed by the premature response to a call or for the first three minutes following timely arrival at any location in response to a call or for delays caused by the inefficiency of the taxicab or its driver.

(Ord. No. 892-2012, § 1(5.24.210), 6-18-2012)

No driver of any taxicab, upon receiving full payment for a fare as indicated by the taximeter, shall refuse to give a receipt upon the request of any passenger making such payment. When the taximeter is of the so-called receipt type, a receipt shall be offered the passenger upon receiving payment without a request being made for said receipt.

(Ord. No. 892-2012, § 1(5.24.220), 6-18-2012)

No person shall refuse to pay the authorized fare of any of the vehicles mentioned in this chapter after having employed the same, and no person shall hire any vehicle defined in this chapter with intent to defraud the person, from whom it is hired or engaged, of the value of such service.

(Ord. No. 892-2012, § 1(5.24.230), 6-18-2012)

(a) No soliciting additional passengers. When a vehicle is engaged, the person engaging the vehicle shall have the exclusive right to the full and complete use of the passenger compartment, and it shall be unlawful for the carrier or driver of the vehicle to solicit or carry additional passengers.

(b) Sharing taxicab. The driver of a taxicab may transport two or more passengers who voluntarily agree to share the vehicle from the same pickup point to one discharge point. A passenger who first engages a taxicab has the exclusive right to conveyance therein to a destination and the driver may not solicit additional passengers without the express permission of the first passenger.

(Ord. No. 892-2012, § 1(5.24.240), 6-18-2012)

The number of passengers which may be carried in any vehicle covered by this chapter shall be limited to the seating capacity of the vehicle as specified by the manufacturer. No person shall be carried in such vehicle who is required to share in any way the seating space occupied by another, nor shall any person be carried who is required to occupy a space in or on the vehicle which is not a seat. All seatbelts in taxicabs shall be operable.

(Ord. No. 892-2012, § 1(5.24.250), 6-18-2012)

Every driver of a taxicab who is engaged to carry passengers shall take the most direct route possible that will carry the passengers safely and expeditiously to their destinations, unless otherwise directed by a passenger.

(Ord. No. 892-2012, § 1(5.24.260), 6-18-2012)

(a) Passenger discrimination prohibited. It is unlawful for any driver to refuse when the vehicle is in service and not otherwise engaged to transport any person who presents himself, or is presented for carriage, in an orderly manner and for a lawful purpose.

(b) Redlining prohibited. No vehicle subject to this chapter shall, as a matter of formal or informal policy, refuse to provide service to any neighborhood within the city without first submitting to the city a written explanation for such policy and obtaining city council approval.

(Ord. No. 892-2012, § 1(5.24.270), 6-18-2012)

The owner or driver of any vehicle under this chapter shall conduct his business only from the established place of business set forth in the certificate of convenience and necessity.

(Ord. No. 892-2012, § 1(5.24.280), 6-18-2012)

No driver of a vehicle permitted to operate under this chapter, while driving such vehicle, shall cruise, loiter or stop on a public street for the purpose of soliciting passengers or seeking a place in a stand which is already occupied. However, employment may be accepted when such vehicles are hailed from the street or curb, while proceeding to a regularly assigned stand for taxicabs or a regularly established call station or to the carrier's principal place of business; provided that no driver shall accept passengers at any of the following places:

(1) In any marked or unmarked crosswalk.

(2) At any regularly established bus stop.

(3) At any place in a street except alongside a curb.

(4) Alongside any curb opposite a regularly established and marked traffic safety zone.

(Ord. No. 892-2012, § 1(5.24.290), 6-18-2012)

(a) Vehicle inspection by chief of police. No vehicle may be placed into service unless the chief of police has caused the inspection of the vehicle and determines that there is no evidence that the vehicle does not comply with the requirements of this Code.

(b) Vehicles maintenance required. Vehicles shall at all times be kept in a clean and sanitary condition and in good state of repair and shall be subject to constant inspection by the chief of police.

(c) Quarterly mechanical reports. Quarterly, or more often as may be required by the city manager, the owner shall provide to the police chief written proof acceptable to the chief of police that an independent professional automotive mechanic has declared the safety of each vehicle in operation.

(d) Vehicle retirement. If a vehicle, in the opinion of the chief of police, becomes unsafe or unserviceable, either from the standpoint of state of repair or obsolescence, or becomes undesirable for use by the public, the chief of police may require the vehicle to immediately be retired. No vehicle which has been retired shall be again operated in such service except with prior written approval of the chief of police. Such a decision of the chief of police is final and enforceable upon issuance. The vehicle owner may, within ten days of notice of the decision, appeal the decision to the city manager if the vehicle owner provides evidence that the chief of police's determination is incorrect. The mere filing of the appeal shall not cause the chief of police's determination to become unenforceable in the interim. The city manager shall consider the appeal during a public hearing to be started within 30 days of the appeal being filed, and the city manager shall send applicant at least ten days prior written notice of the time and place of the public hearing; the city manager shall issue a written determination within 15 days of the start of the public hearing. The city manager and applicant may mutually agree in writing to amend these deadlines.

(Ord. No. 892-2012, § 1(5.24.300), 6-18-2012)

(a) Picking color schemes. No taxi company permit shall be granted to any carrier to operate any vehicle covered by this chapter whose color scheme, name, trade name, monogram or insignia is in conflict with or in imitation of any color scheme, name, trade name, monogram or insignia used by any other carrier, and which is of such character and nature as to be misleading or deceptive to the public.

(b) Vehicles shall show color scheme. The exterior of vehicles operated as taxicabs under this chapter shall be clearly identified by the color schemes and insignias as approved by the city. The insignia shall also be clearly displayed on the interior of the vehicle in a manner clearly visible by the passenger.

(c) Picking new color scheme. No person may make or cause to be made any change whatever in the color scheme, name, trade name, monogram or insignia of any taxicab unless the approval of the city manager has been obtained.

(Ord. No. 892-2012, § 1(5.24.310), 6-18-2012)

Every taxicab shall be equipped with an identity light attached to the top of such taxicab. The identity light shall be constructed in one unit consisting of an illuminated plate or cylinder upon which shall be printed either the words "For Hire," "Taxi," the name of the carrier or the telephone number of the carrier.

(Ord. No. 892-2012, § 1(5.24.320), 6-18-2012)

Every taxicab driver, while on duty, shall wear clothes that are neat and clean and shall be well groomed at all times.

(Ord. No. 892-2012, § 1(5.24.330), 6-18-2012)

(a) Taxi driver's permit and ID card required. No person shall drive, operate or lease a taxicab which is subject to this chapter without having first obtained a taxi driver's permit and taxi driver identification card issued pursuant to this chapter, nor may any carrier allow any person to drive, operate or lease a taxicab which is subject to this chapter without that person having first obtained a taxi driver's permit and taxi driver identification card issued pursuant to this chapter.

(b) Taxi driver's permit application contents. Applicants for a taxi driver's permit shall:

(1) Payment of fee. Deposit any fee required for the background investigation, fingerprinting, credit check, and other processing costs, and secure a receipt therefor. The fees to be deposited are to cover the expenses incurred and no refund shall be made for any reason.

(2) Application contents. Appear personally and file with the chief of police an application, in writing, upon forms to be approved by the chief of police, containing such information as the chief of police may require, and shall satisfy the chief of police that the deposit required in this chapter has been made.

(c) Temporary taxi driver's permit. When an applicant has applied for a taxi driver's permit and has paid the fee required for such permit, the chief of police shall, subject to the conditions contained in subsection (e) of this section, issue a temporary taxi driver's permit for a period of up to 90 days. Such temporary taxi driver's permit shall have written or printed thereon the expiration date.

(d) Taxi driver identification card. If the police chief issues a temporary taxi driver's permit or taxi driver's permit, upon sufficient proof of identification to the city clerk, the city clerk shall promptly issue a taxi driver identification card upon receipt of payment for the fee to issue the card. The taxi driver identification card shall show the name and photograph of the taxi driver, the issuance and expiration dates of the taxi driver's permit, and the name of the applicable taxi company, and any other additional relevant information.

(e) Background check. The police department shall fingerprint each applicant for a taxi driver's permit. As soon as possible after the complete application was filed, the chief of police shall make an investigation regarding the applicant. The investigation shall include a criminal background check. Additionally, the applicant must pass the drug test required by section 5.24.350 prior to issuance of a taxi driver's permit or a temporary taxi driver's permit. If satisfied that the operation by applicant of a vehicle authorized to be operated under the terms of this chapter will not be detrimental to the public health, peace, safety or welfare, the chief shall issue to applicant a taxi driver's permit in the manner provided in this section; otherwise he shall deny the application.

(f) Grounds for denial. No taxi driver's permit shall be issued to any such applicant who is under the age of 18 years, or who has failed to obtain a valid state Class C driver's license, failed the drug testing required by section 5.24.350, or for any of the reasons known to the chief of police which are grounds for revocation as set forth in section 5.24.360(a) (Cause for taxi driver's permit suspension).

(g) Issuance of permit. If the chief of police has determined that he will approve an application for a taxi driver's permit, the chief of police shall issue the taxi driver's permit to the applicant authorizing the applicant to drive, operate or be in the charge of any vehicle operated pursuant to the terms of this chapter. The taxi driver's permit shall be effective until the expiration date printed thereon unless suspended or revoked as provided elsewhere in this chapter.

(h) One-year expiration. Each taxi driver's permit issued as provided in this section shall expire one year from the date of the issuance of the permit. The taxi driver's permit may be renewed annually thereafter, provided that the permittee pays all applicable fees and submits to the requirements of subsection (e) of this section (Background check), including passing the drug test required by section 5.24.350 and that the chief of police finds no basis for denial of the permit.

(i) Grandfathering existing taxi driver's permits. Each individual who holds a taxi driver's permit on the effective date of the ordinance codified in this chapter may continue to use that taxi driver's permit until its expiration date. The taxi driver's permit may be renewed in the same manner as all other taxi driver's permits issued pursuant to this chapter.

(j) Employment required. All taxi driver's permits authorized to be issued under this section shall be effective only while the taxicab driver to whom the permit is issued is employed by, is leasing a vehicle as an independent driver from, or is otherwise authorized to operate a taxicab by a carrier holding a valid taxi company permit issued pursuant to the provisions of this chapter. Upon the driver terminating his employment, his independent contractor status with a carrier, or a lease with a carrier, or otherwise ceasing to be a member or owner of a taxicab cooperative carrier authorized by this chapter, then the taxi driver's permit shall automatically be suspended and shall become effective again only when and if the taxicab driver again is reemployed by a carrier authorized by this chapter, otherwise assumes his independent driver status with a carrier authorized by this chapter, or assumes an ownership or membership interest in a taxicab cooperative carrier authorized by this chapter, during the term for which the taxi driver's permit or temporary taxi driver's permit was issued.

(k) Surrendering taxi driver's permit and taxi driver's identification card. All taxi driver's permits shall be returned to the chief of police by the driver upon suspension or revocation of the taxi driver's permit. A carrier shall notify the chief of police upon the termination of employment, the termination of independent ownership status or termination of any ownership or membership status with the carrier. Taxi driver identification cards shall be returned to the chief of police if the related taxi driver's permit is required to be returned to the chief of police.

(Ord. No. 892-2012, § 1(5.24.340), 6-18-2012)

(a) Definitions. As used in this section, the following definitions shall apply:

Controlled substance means 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 chapter, or as it may be amended.

Negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.

(b) Controlled substances prohibited. Drivers shall test negative for each of the controlled 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 chapter, or as it may be amended, before employment. Drivers shall test negative for these controlled substances and for alcohol prior to the issuance by the chief of police of a taxi driver's permit or renewed a taxi driver's permit.

(c) Testing and rehabilitation procedures. Testing procedures shall be substantially as required 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 chapter, or as it may be amended, except that the driver shall show a valid state driver's license at the time and place of testing, and except as provided otherwise in this section. Requirements for rehabilitation and for return-to-duty and follow-up testing and other requirements, except as provided otherwise in this section, 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 chapter, or as it may be amended.

(d) Taxi company responsibilities. Each holder of a taxi company permit, or an applicant therefor, shall be responsible for ensuring that all persons employed by them as drivers, all applicants who have been offered positions of employment as drivers, all persons to whom vehicles are leased to be used as taxicabs and all persons otherwise entitled to drive a vehicle authorized to be operated within the city by a carrier holding a valid taxi company permit issued pursuant to the provisions of this chapter, have provided the chief of police with satisfactory proof of compliance with the drug and alcohol testing requirements contained in this section.

(e) Costs of testing. Taxicab companies approved to operate in the city shall be responsible for the cost of drug and alcohol testing of drivers employed by them. Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of, this program with regard to themselves. Employing taxicab carriers shall be responsible for compliance with, and shall pay all costs of, this program with respect to their employees and potential employees, except that a carrier may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and follow-up testing.

(f) Reporting of test results. Test results shall be reported directly to the employing taxicab carrier, who shall, within five days of receipt of results, notify the chief of police of same. In the case of self-employed independent drivers, all test results shall be submitted by the testing facility to the chief of police, who shall notify the taxicab carrier company of record, of any positive results.

(g) Effect of positive test. The taxi driver's permit of any person convicted of illegally using, possessing, 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 chapter.

(h) Drug tests from other jurisdictions. A drug test in any jurisdiction shall be accepted as meeting the requirements of this chapter. Any negative test result shall be accepted for one year as meeting a requirement for periodic taxi driver's permit renewal testing or any other periodic testing in any jurisdiction, if the driver has not tested positive subsequent to a negative result. However, an alternative negative result shall not be accepted as meeting the pre-employment testing requirement for any subsequent employment, or any testing requirements under the program, other than periodic testing.

(i) List of consortia. Upon the request of a driver applying for a permit, the chief of police shall provide the driver with a list of the consortia certified pursuant to part 382 (commencing with section 382.101) of title 49 of the Code of Federal Regulations that the city knows offer tests in or near the jurisdiction.

(j) Confidential tests. All test results are confidential and shall not be released without the consent of the driver, except as authorized or required by law.

(k) Test results not admissible. No evidence derived from a positive test result pursuant to the program shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances.

(Ord. No. 892-2012, § 1(5.24.350), 6-18-2012)

(a) Cause for taxi driver's permit suspension. The chief of police shall summarily suspend any taxi driver's permit issued under the provisions of this chapter, pending the outcome of the public hearing described in subsection (c) of this section, which suspension shall become effective immediately upon issuance of written notice to the driver of the date of the public hearing, which hearing date shall be at least two days thereafter, provided the chief of police has knowledge that the holder thereof:

(1) Has been convicted of a misdemeanor violation of any provision of this chapter in the last five years. For the purposes of this subsection, a plea or verdict of guilty, a finding of guilty by a court, a plea of nolo contendere, or a forfeiture of bail is deemed a conviction;

(2) Has been convicted within the last seven years of a felony that is substantially related to the qualifications, functions or duties of a taxi driver, or the violation of any of the provisions of the state narcotic laws, or of assault, battery, or a crime involving moral turpitude;

(3) Has been convicted within the last five years of driving while under the influence of intoxicants or narcotics or reckless driving;

(4) Has a driving record which shows a negligent operator point count as specified in Vehicle Code §§ 12810 and 12810.5. For the purposes of this subsection, a plea or verdict of guilty, a finding of guilty by a court, a plea of nolo contendere, or a forfeiture of bail is deemed a conviction;

(5) Has had more than three chargeable vehicle accidents within the last three years or more than one such accident within the last year; or

(6) Has tested positive for alcohol or controlled substances as provided in section 5.24.350 (Taxi driver's permit—Drug testing) and has not provided the chief of police with satisfactory proof of compliance with the drug and alcohol rehabilitation requirements contained in section 5.24.350.

(b) Hearing.

(1) Conduct of hearing. During the public hearing, the chief of police shall hear from any parties wishing to provide evidence as to whether any suspension or revocation is appropriate. After hearing from all interested parties, the chief of police may suspend or revoke the taxi driver's permit if the chief of police finds that the driver's license holder has engaged in any of the prohibited actions listed in subsection (a) of this section. The chief of police shall reinstate the suspended driver's license if he finds that no portion of subsection (a) of this section was violated.

(2) Mitigating circumstances. Notwithstanding the provisions of this section and section 5.24.340 (Taxi driver's permit and taxi driver's identification card), the chief of police may, using his sound discretion, take into account any mitigating circumstances concerning any of the criminal convictions, moving violations and accidents enumerated therein, in deciding whether the applicant for a taxi driver's permit is a competent person to operate a taxicab under the provisions of this chapter, and in issuing, revoking or suspending the taxi driver's permit. In utilizing his discretion, the chief of police shall take into account the following factors:

a. The severity of the crime in question.

b. The extent of the applicant's prior criminal record.

c. The nature of and circumstances surrounding the crime in relation to the type of permit sought by the applicant.

In utilizing that discretion, the chief of police may opt to downgrade a revocation to suspension, or to waive the revocation requirements entirely.

(3) Written findings. After conducting the public hearing, the chief of police shall provide written notice of his determination of whether the company permit will be suspended, revoked, or reinstated, and shall state the grounds upon which any such action is based.

(c) Appeal of revocation or suspension. If the chief of police determines to suspend or revoke the license, the license shall be suspended immediately upon issuance of written notice of the city manager's determination to the driver. If an appeal of the determination is filed within ten calendar days of the issuance of the written notice, the city manager shall set a time for hearing and provide the licensee and any other party requesting notice, written notice of the date, time and place of the hearing. At the time set, the city manager shall hear the permittee, and any other interested persons, and may either affirm, revise or overturn the chief of police's order. The decision of the city manager shall be final. If no appeal of the chief of police decision is timely filed, then any order of revocation shall be effective immediately on the 11th day after issuance of written notice of the chief of police's decision to the licensee.

(d) One-year moratorium. Any driver whose taxi driver's permit is revoked pursuant to the provisions of this chapter shall not be reinstated or granted a new permit before the expiration of one year from the effective date of any such revocation.

(Ord. No. 892-2012, § 1(5.24.360), 6-18-2012)

No driver shall operate or be in charge of any vehicle without having in his immediate possession a valid taxi driver's permit and his most recently issued taxi driver's identification card. Upon the request of any police officer or passenger, the driver shall immediately make both such documents available to the requesting party.

(Ord. No. 892-2012, § 1(5.24.370), 6-18-2012)

No driver operating or in charge of any vehicle covered by this chapter shall display upon his person a taxi driver's permit or taxi driver's identification card issued to another or use for the purpose of operating such vehicle a taxi driver's permit or taxi driver's identification card issued to another, nor shall a driver provide the taxi driver's permit or taxi driver's identification card of another person in response to a request of a police officer or passenger to see the required taxi driver's permit or taxi driver's identification card. No person may forge any such document, or display, use, or otherwise induce people to rely on permits or cards.

(Ord. No. 892-2012, § 1(5.24.380), 6-18-2012)

(a) Standing generally prohibited. No carrier or driver of any vehicle operated pursuant to the terms of this chapter shall stand any such vehicle while awaiting employment at any place upon any portion of the street of the city other than at a stand designated by the city council for the nonexclusive use of such vehicles.

(b) Stand designation. Upon recommendation of the planning commission, the city council may, by resolution, locate and designate taxicab or vehicle-for-hire stands.

(c) Land owner approval required. Before any designation of private stands is made, the written consent thereto must be obtained of the tenant of the ground floor fronting space where such stand is to be located, or in the event the ground floor is not occupied, the written consent thereto of the owner of the building or land must first be obtained.

(d) Designation of open or limited use stands. Open stands may be authorized and designated by action of the city council to be open to any vehicle for hire for which a certificate has been issued. The city council may designate stands for specific vehicles for hire and shall state which vehicles and which owners are entitled to use those stands. It is unlawful for the owner or driver of any other vehicle for hire, other than the permittee, to use a stand designated specifically for such individual.

(Ord. No. 892-2012, § 1(5.24.410), 6-18-2012)

Notwithstanding any other provision contained in this chapter, whenever, by reason of strikes, lockouts, public disaster, or other cause beyond the control of the city, there is a substantial reduction in public transportation facilities available for mass transportation in the city or if, by reason of special, temporary circumstances within the city which require increased transportation facilities and the presently authorized providers are unable to meet the increased demand for such services and the city council determines that, by reason thereof, the public convenience and necessity require augmentation of the then-operating transportation facilities, the city council may grant special, temporary revocable permits to carriers other than those permitted under the terms of this chapter to operate their vehicles. Such special and limited operations shall be conducted as authorized by the city council, and shall be governed by all applicable provisions as to rates, cruising, loading, operation of meters or passenger limits in taxicabs as may be provided by the city council and contained in such special permits.

(Ord. No. 892-2012, § 1(5.24.420), 6-18-2012)

Whenever a notice is required to be given, unless different provisions are otherwise specifically made in this chapter, such notice may be given either by personal delivery thereof to the person to be notified, or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to the person to be notified at his last known business or residence address as the same appears in the public records, or other records pertaining to the matter to which the notice is directed. Service by mail shall be deemed to have been completed at the time of deposit with the post office. Proof of giving such notice may be made by an affidavit of any person of at least 18 years of age, which affidavit shows service in conformity with this chapter or other provisions of law applicable to the subject matter concerned.

(Ord. No. 892-2012, § 1(5.24.430), 6-18-2012)

Action taken by the city to revoke and/or suspend any permits shall not preclude any other enforcement actions also authorized by this Code.

(Ord. No. 892-2012, § 1(5.24.440), 6-18-2012)