Bell Municipal Code Ch. 5.52 Taxicabs

Note: Prior history: prior code §§ 4180 through 4191 and 4193 through 4197 and Ordinance 1127.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Applicant,"

unless otherwise designated, means the applicant for, or holder of, an owner's permit or driver's permit.

"Chief of police"

means the chief of police of the city or his or her duly authorized deputy.

"Driver"

means any person who drives a taxicab.

"Owner"

means a person who is the holder of a beneficial interest in a taxicab, as distinguished from the holder of a security interest therein.

"Permit"

unless otherwise designated, means either an owner's permit or a driver's permit.

"Taxicab"

means and includes every motor vehicle by means of which passengers are carried for hire over a route or to a destination specified by the passenger, excepting vehicles subject to regulation by the Public Utilities Commission of the State.

(Ord. 1132 § 1, 1998)

A. Owner's Permit Required. No person shall engage in the business of providing taxicab service, or allow his or her employee or agent to operate, any taxicab upon any public street in the city without the owner of the taxicab first obtaining an owner's permit.

B. Driver's Permit Required. No person shall operate any taxicab upon any public street within the city without first having obtained a driver's permit.

C. At least 15 vehicles are required to be operated as taxicabs pursuant to any taxicab owner's permit issued under this chapter.

D. Permits Non-transferable. No permit issued under the terms of this chapter shall be transferable either by contract or operation of law without the permission of the city having first been obtained, and any such attempted transfer shall be sufficient cause for revocation thereof.

(Ord. 1132 § 1, 1998)

A. Each applicant for owner's and driver's permits required by the provisions of Section 5.52.020 of this chapter shall annually pay an application and processing fee as set forth in Section 5.52.040 of this chapter and make a written application setting forth and providing the following information:

B. Each applicant for an owner's permit shall sign and submit an affidavit which represents and warrants that the application and information listed therein and as required below are true and accurate:

1. The name, age, residential address and telephone number, and principal business address and telephone number of the applicant;

2. If the applicant is a corporation, its principal officers;

3. If the applicant is a partnership, firm, association, or other legal entity which holds a beneficial interest in a taxicab, the natural persons comprising such entity;

4. The applicant must be the registered owner of at least five taxicabs at the time of filing an application for an owner's permit;

5. Each vehicle's trade name, model, year, motor and vehicle identification number (VIN), state license number and body style;

6. For each vehicle to be operated as a taxicab, the vehicle is currently registered with the California Department of Motor Vehicles;

7. The date, place, offense, and punishment of any criminal conviction of the applicant;

8. Applicant holds a valid, current motor vehicle transportation license issued by the Board of Equalization of the State;

9. For each driver, applicant has verified and maintains the following information and documentation at its principal place of business for inspection by the city:

a. The name, age, residential address and telephone number, and principal business address and telephone number of every driver of applicant's/owner's taxicabs,

b. Each driver holds a valid, current state driver's license for the operation of a taxicab. The driver's license number and date of expiration of each such license shall be maintained by owner/applicant,

c. Each driver 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, and applicant/owner shall maintain a copy of such test results,

d. The date, place, offense, and punishment of any criminal conviction of every driver of the applicant's/owner's taxicabs,

e. Each driver shall have fingerprints and photographs on file with a California law enforcement agency within 10 miles of the City Hall. The applicant/owner shall provide the chief of police with the address of the location where the fingerprints and photographs of each driver are on file and can be viewed;

10. State Inspection Certificates. Applicant maintains a current certificate of inspection from the California Highway Patrol indicating that the vehicle's brakes and lights are in safe condition and good working order for each vehicle to be operated within the city.

(Ord. 1132 § 1, 1998)

The permit application and processing fee for a taxicab owner's permit and each related driver's permit shall be as set by resolution of the city council. The application and processing fee for an owner's permit and driver's permits obtained at the same time shall be comprised of a set amount for the owner's permit and a set amount for each driver's permit. For each additional driver's license to be obtained by an owner for new drivers, the owner shall pay an additional application and processing fee to be set by resolution of the city council.

(Ord. 1132 § 1, 1998)

If the application for the permits required by this chapter meet the requirements set forth in this chapter, as determined by the chief of police, the chief of police shall submit said application to the city council for consideration to issue the permit.

(Ord. 1132 § 1, 1998)

The city clerk shall maintain a file of all applications for taxicab owner's and driver's permits granted or denied. Such records shall be kept for at least five years.

(Ord. 1132 § 1, 1998)

No permit shall be issued to an owner or driver who has been convicted of any of the following crimes:

A. A violation of driving under the influence of alcohol or drugs pursuant to any State Vehicle Code and Penal Code; or

B. Reckless driving pursuant to any State Vehicle Code.

(Ord. 1132 § 1, 1998)

Whenever a vehicle not previously described in an owner's permit application has been placed in service as a taxicab, the owner shall immediately submit to the city clerk the information required by the provisions of Section 5.52.030 of this chapter and apply for the additional permit(s).

(Ord. 1132 § 1, 1998)

A. Grounds. The chief of police may refuse to approve an application for a permit or a vehicle or revoke a permit or vehicle approval for failure to comply with any of the requirements of this chapter, including, but not limited to, the reasons set forth in this subsection. The chief of police may revoke a permit previously granted after complying with the notice provisions of subsection B of this section. Any of the following reasons shall be sufficient for denial of the application for the license and revocation of owners' or drivers' permits or vehicle approvals:

1. That the application is not in the form or does not contain the information required by the provisions of this chapter;

2. That the applicant has made a false statement on his or her application or that the applicant has failed to fulfill the representations contained in this application;

3. That the vehicles described are inadequate, unsightly, unclean, unsanitary, or unsafe for the purposes for which they are to be used;

4. That the applicant has had a license for the operation of an automobile for hire or taxicab revoked for cause;

5. That the applicant has violated or failed to comply with the insurance requirements of Section 5.52.110 of this chapter;

6. That the applicant for a driver's permit is under the age of 21 years; or

7. That a permit has not been used by the applicant for a period of more than 180 days.

B. Notices of Intention to Revoke. A notice of intention to revoke shall be delivered personally or by registered mail to the applicant at least 10 days prior to the effective date of the revocations. The notice shall specify the date upon which the revocation shall be effective.

C. Appeal of Denial or Revocation.

1. Decisions of the chief of police on denials of applications and revocations shall be final and conclusive as of the date the chief of police issues a decision unless, within a period of not to exceed 10 consecutive calendar days thereafter, a written appeal is filed by any interested person with the city clerk appealing the decision of the chief of police to the chief administrative officer. No appeal shall be effective for any purpose unless it is timely filed and unless a filing and processing fee is paid in connection therewith in an amount as set by resolution of the city council;

2. Upon the timely filing of an appeal of the chief of police's decision, together with payment of the applicable fee, the decision of the chief of police shall be suspended. The chief administrative officer shall set and conduct a hearing on such appeal. The action of the chief administrative officer shall be taken with reference to such appeal based upon the standards applicable to the chief of police's action as set forth in this chapter. Decisions of the chief administrative officer on applications and revocations shall be final and conclusive as of the date the chief administrative officer renders and provides notice of the same unless, within a period of not to exceed 10 consecutive calendar days thereafter, a written appeal is filed by an interested person with the city clerk appealing the decision of the chief administrative officer to the city council;

3. Upon the timely filing of an appeal of the chief administrative officer's decision, together with payment of the applicable fee, the decision of the chief administrative officer shall be suspended. The city clerk shall place the matter upon the city council's next most convenient agenda for consideration by the city council. At the time the city council considers such an appeal, it shall examine the application, the chief of police's files and staff reports, the chief administrative officer's files and staff reports, if any relating to it and provide the applicant an opportunity to be heard. The decision of the city council shall be final and conclusive.

(Ord. 1132 § 1, 1998)

A. Each driver shall prominently display his or her license in the taxicab.

B. In every taxicab operated in the city, there shall be a city decal and a sign of heavy material, not smaller than six inches by four inches securely attached and clearly displayed in view of the passenger at all times. The sign shall provide, in letters as large as the sign will reasonably allow, all of the following information:

1. The name, address and telephone number of the agency regulating the operation of the taxicab;

2. The name, address and telephone number of the firm permitted or controlled by the agency regulating the operation of the taxicab.

(Ord. 1132 § 1, 1998)

It is unlawful for any owner or driver to drive or operate any taxicab, or cause the same to be driven or operated, unless the owner and/or driver is covered by a policy of insurance in effect insuring the owner and any driver of the taxicab against loss or damage by reason of injury or damage which may result to persons or property from the negligent operation or defective construction of such taxicab or from the violation of the provisions of this chapter or the laws of the state. The policy coverage shall be set and maintained by resolution of the city council.

(Ord. 1132 § 1, 1998)

A. Before operating, or allowing any employee or agent to operate any taxicab, every person holding an owner's license shall file with the city clerk a schedule of the rates of fare to be charged the public. Such rates may be charged at any time by filing a new schedule of rates with the city clerk. It shall be unlawful for any owner or driver to charge a rate different from that on file in the office of the city clerk.

B. Every taxicab shall display in a conspicuous place in the passenger compartment a sign setting forth clearly the rates of fare charged for carrying passengers, the owner's name or the fictitious name under which he or she operates, the business address and telephone number of such owner, and the license number furnished by the chief of police. It is unlawful for any owner or driver to operate a taxicab in violation of the provisions of this section.

(Ord. 1132 § 1, 1998)

A. Condition. All taxicabs shall be kept in good mechanical condition and the passenger compartment shall be kept in a clean and sanitary condition.

B. Taximeter. Each taxicab shall be equipped with a taximeter which shall correctly compute and indicate the amount charged, distance traveled, or time elapsed. The meter shall be affixed to the taxicab in such a manner that the reading dial showing the amount being charged can be read from the passenger compartment.

C. Fire Extinguisher. Every taxicab shall be equipped at all times with a standard type of fire extinguisher in operating condition.

(Ord. 1132 § 1, 1998)

Unless otherwise directed by a passenger, every driver of a taxicab shall take the most direct route possible which will carry the passenger safely and expeditiously to his or her destination.

(Ord. 1132 § 1, 1998)

When a taxicab is engaged, the person engaging such taxicab shall have the exclusive right to the full and complete use of the passenger compartment. It is unlawful for the owner or driver of such taxicab to solicit or carry additional passengers therein.

(Ord. 1132 § 1, 1998)

Violations of the provisions of this chapter shall be subject of penalties and enforcement as follows: For any violation of the provisions of this chapter, the first violation shall be an infraction and shall be punishable by the payment of a penalty equal to 50% of the annual application fee for the owner's and driver's permit; a second violation shall be an infraction subject to a penalty of 75% of the annual application fee for an owner's and driver's permit; a third violation shall be an infraction and shall be punishable by the payment of a penalty equal to 100% of the annual application fee for an owner's and driver's permit; a fourth violation shall be an infraction and shall be punishable by the payment of a penalty equal to 150% of the annual application fee for an owner's and driver's permit; a fifth violation shall be an infraction and shall be punishable by the payment of a penalty equal to 200% of the annual application fee for an owner's and driver's permit; and a sixth violation shall be a misdemeanor and may be punishable as provided in Section 1.16.010 of this code.

(Ord. 1132 § 1, 1998)