Chapter 9.52 — TAXICABS AND AUTOMOBILES FOR HIRE

Sections: 9.52.010 Definitions. 9.52.020 Annual permits required for business owners, drivers, and vehicles--Fees, expiration and limitation on number of permits. 9.52.030 Business owner’s permits--Transfers. 9.52.040 Vehicle permits--Transfers. 9.52.050 Driver’s permits. 9.52.060 Registration and licensing requirements--Conspicuous posting in vehicle. 9.52.070 Insurance requirements. 9.52.080 Vehicle maintenance--Markings, safety and inspections. 9.52.085 In-cab advertising. 9.52.090 Service provided. 9.52.095 Accessible taxi service. 9.52.100 Rates. 9.52.110 Taximeter regulations. 9.52.120 Standards for owner and driver conduct. 9.52.130 Record keeping requirements. 9.52.140 Taxicab stands. 9.52.150 Suspension of permits. 9.52.160 Revocation of permits. 9.52.170 Enforcement--Violation--Public Nuisance--Penalty. 9.52.180 Finality of administrative citations for purposes of enforcement.

• For vehicles and traffic generally, see Title 14 of this code.

For purposes of this chapter the following terms shall be defined as follows:

A. "Driver" means every individual who operates any taxicab or vehicle for hire as an employee of a business owner, independently owns the taxicab or vehicle for hire and operates under the auspices of such owner, or has independently contracted with such owner to operate the taxicab or vehicle for hire pursuant to a lease, license or any other form of agreement.

B. "Motor vehicle" means every motor vehicle used for public hire propelled by mechanically produced power and intended for use on public streets and highways, except street cars, trains, and motor busses.

C. "Business owner" means any entity engaged in the business of providing vehicles for the purpose of carrying passengers in a taxicab or other vehicle for hire, whether comprised of an individual, group of individuals, partnership, limited partnership, joint venture, corporation, or any other organizational structure identified by name, phone number, central dispatch, color scheme, monogram, or insignia distinguishing itself from any other entity engaged in such business.

D. "Stand" or "taxi stand" means a portion of the public street designated by the City for the sole use of taxicabs while waiting for employment.

E. "Taxicab" means a motor vehicle, designed for carrying not more than eight passengers excluding the driver, of distinctive color or combinations of colors used in the transportation of passengers over the public streets of the City, operated at rates per mile, per destination or for a combination of any two of the foregoing rates, irrespective of whether or not the operations extend beyond the limits of the City, and which is made available for hire on call or demand, at taxi stands, or by telephone.

F. "Taximeter" means any mechanical or electronic instrument, appliance, device or machine by which the charge for hire of a motor vehicle is mechanically calculated, either for distance traveled or time consumed, or both, and upon which instrument, appliance, device or machine such charge is indicated by figures.

G. "Vehicle for hire" means any motor or electric vehicle offered to the public for hire with the services of a driver, whether equipped with a taximeter, used for the transportation of passengers over the public streets of the City, irrespective of whether such operations extend beyond the boundary limits of the City, at rates per distance, trip, per hour, per day, per week, per month, and where transportation is under the control, as to route, of the persons hiring the same; except however, that vehicles for transportation of handicapped persons as regulated by Ordinance 4125-N.S., hearses, ambulances, interurban trains, motor or trolley busses are not included within this definition.

H. "Taxi scrip" means a coupon or certificate or other document issued by the City of Berkeley for the purpose of paying for services provided by vehicles for hire and which is redeemed by the City of Berkeley for cash, check, warrant or other form of monetary exchange after it has been used by a passenger as payment for a ride.

I. "Accessible taxicab" means a taxicab designed to carry at least one person using a standard wheelchair or scooter designed to transport a person with a disability, such that the passenger can remain in the wheelchair or scooter at all times while entering, riding in, and exiting the taxicab and can enter and exit the taxicab without assistance.

J. "Low Emission Vehicle" means any hybrid vehicle, Certified Natural Gas Vehicle or vehicles certified by the manufacturer to have a "City" miles per gallon rating no less than 32 miles per gallon.

K. "Non-Ambulatory Passenger" means any passenger using an ambulatory aid such as a standard wheelchair, motorized wheelchair, power chair, scooter, walker or crutches.

L. "Adaptive Equipment" means equipment used to convert a conventional passenger vehicle to an accessible vehicle for transporting persons with disabilities. Such equipment includes but is not limited to: ramps, lifts, wheelchair restraints, lowered floors or bubble tops.

M. "In-cab Advertising Display Equipment" means any equipment used to display advertising on the interior of a taxi cab. Such equipment includes but is not limited to monitors, displays (LCD, plasma, etc.), cables, wireless electronics, and structural support equipment.

N. "Advertising Service Provider" means any individual, group of individuals, partnership, limited partnership, joint venture, corporation, entity, or any other organizational structure identified by name engaged in the business of providing advertising for taxis or vehicles for hire for the purpose of carrying passengers.

O. "Person with Disability" as defined by the Americans with Disabilities Act, means a person who has a physical or mental impairment that substantially limits one or more major life activities, a person who has a history or record of such an impairment, or a person who is perceived by others as having such an impairment. (Ord. 7336-NS § 1, 2014; Ord. 7215-NS § 1, 2011; Ord. 6784-NS § 1 (part), 2003; Ord. 6655-NS § 1, 2001; Ord. 6325-NS § 3, 1996)

vehicles--Fees, expiration and limitation on number of permits.

A. Annual Permits--Approval Required. No person, corporation, partnership, cooperative, business, fictitious name, or dispatch center shall engage in the business of operating any taxicab or vehicle for hire within the City without a taxicab business owner’s permit, driver’s permit and vehicle permit issued by the City. Such permits shall not be issued until both the owner and driver have completed the Taxi Owner Driver Training. Except as authorized by Sections 9.52.030 and 9.52.040, such permit shall not be assigned, sold or transferred to another business owner, driver or vehicle.

B. Permit Fees. The City Council shall set by resolution the fees required for obtaining business owner’s, driver’s and vehicle permits.

C. Annual Application, Renewal and Expiration. New applications may be submitted any time during the current year. Renewal applications shall be submitted by December 31st of the current year. All permits shall expire on January 31st of the following year. Permits may be renewed annually by application to the City. Current permit holders have priority for annual renewal. Applications to renew permits shall be treated in the same manner as applications for new permits. Nothing in this chapter creates any property interest in issuance or renewal of a permit.

D. Notice of Change of Address. Every person holding a permit issued under this chapter shall at all times keep the City notified of their current address. They shall notify the City in writing within ten days of any address change.

E. Limitations on Number of Permits Per Owner and in the City--Waiting List, Renewal.

1. The City Council may by resolution define various categories of vehicles for hire, set the maximum
number of vehicles in each category that may be operated in the City and the maximum number of vehicles
for hire in each category for which each business owner may seek vehicle permits. The waiting list shall be
updated no less frequently than every six months.

2. Should the maximum number of any category of taxicabs in the City be reached in any given year, the
City shall create a waiting list for vehicles which shall receive permits when existing permits are revoked for
any reason. Existing permit holders have priority in renewal and vehicles on the waiting list shall receive
annual permits only after existing vehicle permit holders have been given an opportunity to renew. (Ord.
7215-NS § 2, 2011; Ord. 6976-NS § 1, 2007; Ord. 6874-NS § 1 (part), 2005; Ord. 6784-NS § 2 (part), 2003; Ord.
6325-NS § 4, 1996)

A. Permit Applications. Any person or entity seeking to operate as a business owner shall apply in the manner set forth herein. The application shall be in writing, signed by the business owner, and shall set forth all the information required in the permit application form and accompanying documentation, including but not limited to the following:

1. The Business owner shall submit the appropriate zoning permit application to the Planning Department
for approval prior to submitting a Business Owner’s Permit application to the Finance Department. Zoning
approval shall be required for all taxi businesses with addresses within the City of Berkeley;

2. Name and address of the owner applying to operate the business to operate vehicles for hire;

3. Name and address of the location from which the business will be operated;

4. Proof of off-street parking for all taxi owners with 2 or more vehicle permits;

5. Fictitious business name of the applicant, if any;

6. Mailing address and business telephone number of the applicant;

7. Name, address, age, and driver’s license number of each employee who will be driving the owner’s
vehicles;

8. Total number of vehicles to be operated in the City under the owner’s permit and the vehicle
identification number for each vehicle;

9. Description of the color scheme, insignia, trade style and/or any other unique characteristics of the
taxicab design and placement of City required markings and company markings;

10. Federal taxpayer identification or social security number of the applicant;

11. Satisfactory proof of insurance, including uninsured and underinsured motorist insurance as provided in
this chapter for each driver and vehicle to be operated in the City;

12. Satisfactory proof that the business will be operated in compliance with all provisions of this chapter,
including completion of the Taxi Owner Driver Training;

13. Signed copy of the company’s policies regarding driver conduct and discipline, including suspension and
termination;

14. Type of dispatch service provided, radio, cell phone, other;

15. Location of dispatch center, including phone number and customer service or management contact
information.

B. Disposition of Taxicab Business Owner’s Application--Conditions.

1. Such taxicab business owner’s permit may be granted only if the City determines that the applicant:

   (a) Has submitted a complete application;

   (b) Has submitted satisfactory proof that they will comply with the provisions of this Chapter and has completed the Taxi Owner Driver Training;

   (c) Has not made any omission or untrue statement or provided fraudulent documentation with the

   application;

(d) Has not violated this chapter three or more times within the last three years; or

(e) Is not otherwise subject to suspension or revocation under Section 9.52.150 or 9.52.160.

2. The City may deny any taxicab business owner’s permit if it determines that approval would pose an
unreasonable risk to the public safety or welfare or the applicant has been convicted of any crime or
adjudged to be in violation of any penal law involving disturbances of the peace, violence, moral turpitude,
sexual assault, reckless driving, public urination, public drunkenness, vandalism, harassment, excessive
littering, excessive noise, or lewd conduct.

3. The issuance of a business owner’s permit is conditional upon such owner ensuring that each vehicle for
hire operated by such business owner has a vehicle permit issued by the City, and each driver of such vehicle
for hire has a valid California driver’s license and a valid driver’s permit issued by the City, within the limits
and in the manner set forth in this chapter.

4. The business owner shall notify the City of Berkeley Finance Department in writing, immediately upon
termination of employment of an employee, agent, lessee, contractor or any individual hired to operate a
vehicle for hire in the City.

5. The business owner shall notify the City of Berkeley Finance Department, in writing, within five (5) days of
any new driver(s) being employed to operate a vehicle for hire.

6. For purposes of on-street parking, the business owner shall submit to the City of Berkeley Finance
Department the following information for all taxicab lessees that includes, but is not limited to:

(a) Name of taxicab lessee

(b) Home address (Post Office Box not accepted)

(c) Vehicle permit number

(d) Driver permit number

(e) Valid and current Department of Motor Vehicles vehicle registration information

(f) Signed copy of the current lease agreement

(g) It shall be the responsibility of the business owner to update such list as required by BMC Section
9.52.030.B.5.

C. No person, partnership, cooperative, corporation, firm, association or other entity of whatever type may possess or operate more than one taxi business owner permit at any one time.

D. Upon approval of any business owner permit transfer or vehicle permit transfer, the fee charged by a business owner to drivers to lease cabs from the company, also known as the "gate," shall not exceed the level charged by the transferee or the transferor business owner in the period immediately preceding the transfer, whichever is less. This freeze shall expire one year after the approval of the business owner permit transfer application or vehicle permit transfer application.

E. Business Owner Permit Transfer. Subject to Regulations adopted by the City Manager, no Business Owner Permit issued under this Chapter may be assigned or transferred except as set forth in this subdivision. All transfers of Business Owner Permits from one taxi business owner to another taxi business owner shall be subject to all requirements of this Chapter, including but not limited to the following:

1. Any person or entity who wants to transfer a Business Owner Permit shall submit a written application to
the City Manager or their designee. The application shall be in writing, signed by the business owner, and
shall set forth all the information required in the permit transfer application form and accompanying
documentation. If the application is to transfer to a person not listed on the Taxi Business Owner Waiting List,
it shall include proof that the current holder of the Business Owner Permit has offered the Business Owner
Permit to all persons and entities on the Taxi Business Owner Waiting List for not less than a total of 30 days,
during the preceding 90 days. The application shall not be accepted without payment of the fee established
by Council resolution.

2. No application for transfer of a Business Owner Permit will be approved unless the Business Owner
shows proof that their company’s taxi vehicle fleet includes a specified percentage of Low Emission Vehicles
as follows:

(a) If the transfer application is submitted between January 1, 2013 and December 31, 2014, 25% of the
company’s taxi vehicle fleet must be Low Emission Vehicles;

(b) If the transfer application is submitted between January 1, 2015 and December 31, 2015, 50% of the
company’s taxi vehicle fleet must be Low Emission Vehicles;

(c) If the transfer application is submitted between January 1, 2016 and December 31, 2016, 75% of the
company’s taxi vehicle fleet must be Low Emission Vehicles; and

(d) If the transfer application is submitted on or January 1, 2017, 100% of the company’s taxi vehicle
fleet must be Low Emission Vehicles.

3. The City Manager or designee shall make a final determination on the Business Owner Permit transfer
application within 30 days after the filing of the application.

4. The Business Owner Permit transfer will not be valid or recognized by the City unless the current holder or transferor of the Business Owner Permit submits along with the business owner transfer application a notarized statement to the City Manager surrendering their Business Owner Permit and all rights to the taxi company name and color scheme. The transferee or new business owner shall be allowed to operate taxicabs with the existing vehicle permits and existing color scheme for no more than 90-days. Nothing in this subdivision prohibits the transferee from seeking approval for, or the City from approving, continued use of the existing color scheme.

   5. A Business Owner Permit transfer will not be valid or recognized by the City unless all other requirements of this Chapter for operating the business and vehicle have been met. (Ord. 7215-NS § 3, 2011; Ord. 6976-NS § 2, 2007; Ord. 6874-NS § 2 (part), 2005; Ord. 6325-NS § 5, 1996)

A. Permit Application. Each vehicle for hire operated in the City must be subject to a vehicle permit from the City as set forth herein. The application shall be in writing, signed by the owner, and shall set forth all the information required in the permit application form and accompanying documentation, including, but not limited to, the following:

1. A copy of the state vehicle registration under owner’s name, license plate number and corresponding
vehicle identification number of each vehicle to be operated in the City;

2. Make, model or type, year of manufacture and passenger-seating capacity of each motor vehicle for
which such application is made;

3. Taximeter with current weights and measures seal intact to be installed in each taxicab for which
application is made;

4. Valid inspection certificate issued by the County of Alameda, Division of Weights and Measures which
certificate shall state the name and model number of the taximeter and the vehicle number for which it is
assigned;

5. Valid vehicle inspection certificate from a City-approved vehicle inspection station for each vehicle to be
operated in the City;

6. Certificates of insurance from the insurance carrier verifying the coverage required by this chapter for
each vehicle to be operated in the City;

7. Final inspection of each vehicle by the City to ensure that the vehicle has met all the requirements of this
chapter including Sections 9.52.070 and 9.52.080;

8. Satisfactory proof that the business will be operated in compliance with all provisions of this chapter.

B. Disposition of Vehicle Permit--Conditions.

1. Such vehicle permit may be granted only if the City determines that the applicant:

(a) Has submitted a complete application;

(b) Has submitted satisfactory proof that they will comply with the provisions of this chapter;

(c) Has not made any omission or untrue statement or provided fraudulent documentation with the
application;

(d) Has not violated this chapter three or more times within the last three years;

(e) Is not otherwise subject to suspension or revocation under Section 9.52.150 or 9.52.160; and

(f) Has shown proof that the vehicle is a Low Emission Vehicle, if the application is submitted on or
after January 1, 2014 and is for a new vehicle, or a vehicle to replace an existing vehicle in a company’s
taxi vehicle fleet.

2. The City may deny any vehicle permit if it determines that approval would pose an unreasonable risk to
the public safety or welfare.

3. The issuance of a vehicle permit is conditional upon the business owner ensuring that each such vehicle for hire is operated by a business owner who has obtained a business owner’s permit and any driver of such vehicle for hire has been issued a driver’s permit within the limits and in the manner set forth in this chapter.

   4. Except as authorized by Section 9.52.030(E)(3), no vehicle permit may be registered to or operated by or associated with more than one taxi owner.

C. Vehicle Permit Transfer. Subject to Regulations adopted by the City Manager, no vehicle permit issued under this Chapter may be assigned or transferred except as set forth in this subdivision. All transfers of vehicle permits from one taxi business owner to another taxi business owner shall be subject to all requirements of this Chapter, including but not limited to the following:

1. Any person or entity who wants to transfer a vehicle permit shall submit a written application to the City Manager or their designee. The application shall be in writing, signed by the business owner, and shall set forth all the information required in the permit transfer application form and accompanying documentation. If the application is to transfer to a person not on the Taxi Business Owner Waiting List, it shall include proof that the applicant has offered the vehicle permit to all persons and entities on the Taxi Business Owner

Waiting List for not less than a total of 30 days during the previous 90 days. Offers to persons on the Business Owners Waiting List must be in writing and must state the price for which the permit is offered. The application shall not be accepted without payment of the fee established by Council resolution.

2. The City Manager or designee shall make a final determination on the vehicle transfer application within 30 days after the filing of the application.

3. A vehicle permit transfer will not be valid or recognized by the City unless all other requirements of this Chapter for operating the business and vehicle have been met. (Ord. 7215-NS § 4, 2011; Ord. 6976-NS § 3, 2007; Ord. 6874-NS § 3 (part), 2005; Ord. 6325-NS § 6, 1996)

A. Permit Application. Any person seeking to operate a vehicle for hire as a driver shall apply for a permit in the manner set forth herein. No person under the age of 21 years shall be issued a driver’s permit. The application shall be in writing, signed by the driver, and shall set forth all the information required in the permit application form including, but not limited to, the following:

1. Name, age and address of the applicant;

2. Their past experience in operating a motor vehicle;

3. Applicant’s current California driver’s license number and a photocopy of that license;

4. Name and address of employers during the preceding three years;

5. Suspension or revocation of any driving license, taxi driver permit or a chauffeur license, issued by the
state of California or any state or governmental agency, during the preceding two years;

6. Name and address of the business owner by whom they are employed as a driver, or for whom they
intend to operate a taxicab;

7. Current certificate of negative test for drugs and alcohol from a City approved lab as required by
Government Code Section 53075.5 as amended;

8. Two photographs of the driver (size one and one-half inch by one and one-half inch) taken by the City,
one to be filed with the application and one to be permanently attached to the driver’s permit when issued;

9. State Department of Motor Vehicles driving record report;

10. A list of all jurisdictions in which the applicant is permitted to operate a vehicle for hire;

11. Satisfactory proof that the insurance required by this chapter covers the driver when operating the
vehicle for hire.

B. Disposition of Driver’s Permit--Conditions.

1. Such driver’s permit may be granted only if the City determines that the applicant:

(a) Has submitted a complete application;

(b) Has submitted satisfactory proof that they will comply with the provisions of this Chapter and have
completed the Taxi Owner Driver Training;

(c) Has maintained and possesses a valid California driver’s license;

(d) Has not operated a vehicle in violation of Section 9.52.070 or 9.52.080 three (3) or more times in the
past three years;

(e) Has not made any omission or untrue statement, or has provided fraudulent documentation with
the application;

(f) Has not violated this chapter three or more times within the last three years; or

(g) Is not otherwise subject to suspension or revocation under Section 9.52.150 or 9.52.160.

2. The City may deny any driver’s permit if it determines that approval would pose an unreasonable risk to the public safety or welfare or the State Department of Motor Vehicles records indicate that the Department has taken administrative action which resulted in actual suspension or revocation of the applicant’s driver’s license within the last two years, unless such suspension or revocation was based on a nondriving related matter.

   3. The issuance of a driver’s permit is conditional upon the driver ensuring that they will only operate a vehicle which has received a valid vehicle permit for a business owner who has received a valid business owner’s permit.

   4. The driver’s permit shall become void upon termination of such driver’s employment driving a vehicle for hire, including termination of self-employment as an independent driver, and the driver immediately shall return their permit to the City upon such termination of employment.

   5. The City may deny any driver’s permit if the applicant has been convicted of any crime in violation of any penal law involving disturbances of the peace, violence, theft, moral turpitude, sex assault, reckless driving, public urination, public drunkenness, vandalism, harassment, excessive littering, excessive noise, or lewd conduct taking into consideration the nature of the conviction, the age of the applicant at the time of the conviction, any evidence of rehabilitation, and the relationship of the conviction to the propriety of the applicant operating a vehicle for hire. (Ord. 7277-NS § 1, 2013; Ord. 7215-NS § 5, 2011; Ord. 6976-NS § 4, 2007; Ord. 6874-NS § 4 (part), 2005; Ord. 6655-NS § 2, 2001; Ord. 6399-NS § 1, 1997; Ord. 6325-NS § 7, 1996)

vehicle.

A. Driver’s License Requirements. All drivers shall carry their license to operate a motor vehicle in the state of California at all times while operating a vehicle for hire in the City.

B. Vehicles--Licensing and Registration Requirements. All vehicles for hire within the City shall carry the State Department of Motor Vehicles registration in the vehicle at all times and all such vehicles for hire shall be registered in the name of the taxicab business owner or the driver to whom a permit has been issued.

C. Vehicle Permit Affixed to Vehicle. Every vehicle for hire authorized to operate under this chapter shall have attached to the left rear window a current vehicle permit issued by the City in accordance with the provisions of this chapter and all expired permits will be removed.

D. Owner’s Identification and Rates to be Displayed in Vehicle. Every vehicle for hire shall have conspicuously displayed in full view of the passenger or passengers a card not less than two inches by four inches in size which shall have stated thereon the name of the business owner, together with the business address and telephone number of the business, and the identifying number of such vehicle, and also the rates of fare to be charged for the use of such vehicle. Rates of fare are also to be conspicuously displayed in both the front and rear of the interior of the vehicle for hire.

E. Driver’s Permit--Required Posting. The driver’s permit shall be posted in full view of the passenger at all times while said driver is operating the vehicle. Every driver’s permit shall show the photograph of the driver, driver’s permit number, name of the business owner by which the driver is employed, if any, a telephone number of the business and a City telephone number such that passengers may communicate complaints.

F. In addition to the notices and information required by subdivisions (D) and (E) of this section, every vehicle for hire shall have in the passenger compartment, securely attached and centered two inches above the door handle of each rear passenger door, or as near thereto as feasible, a sign with the number of such vehicle for hire and the name of the business, in Grade 2 Braille. In addition, a sign with the same information shall be securely attached to the back of the front seat, visible to passengers seated in the passenger compartment, which is printed in sans serif or simple serif type, at least 5/8 inch high, but no higher than two inches, with letters and numerals that shall contrast with their background - either light characters on a dark background or dark characters on a light background. Likewise, the notices and information required by subdivisions (D) and (E) of this section shall be provided verbally, upon request of the passenger. (Ord. 6655-NS § 3, 2001; Ord. 6325-NS § 8, 1996)

A. Motor Vehicle Liability Policy--Required.

1. It is unlawful to operate any vehicle for hire in the City unless there is on file with the City a valid motor
vehicle liability insurance policy, covering such vehicle for hire, the taxicab business owner, any and all drivers of such vehicles whether employees, lessees or others, issued by a solvent corporation holding a certificate of
authority to do insurance business in the state and naming the City as an additional named insured. This
policy shall conform in all respects to the requirements of this chapter and shall insure against uninsured
motorist, underinsured motorist and loss arising out of the liability imposed upon such owner or driver for
injury to, or death of any person, or damage to property arising out of the maintenance, operation or
ownership of any taxicab or vehicle for hire.

2. Such policy shall be maintained in the minimum amounts of one hundred thousand dollars for liability
arising out of the injury to or death of any one person; three hundred thousand dollars for liability arising out
of any one accident resulting in injury to or death of more than one person; and twenty-five thousand dollars
for liability arising out of any one accident resulting in damage to property of another.

B. Surplus Lines Insurance--No Certificate of Authority to Do Business in State--Exception if Agree to California Jurisdiction.

1. If the insurance company issuing such policy of insurance does not hold a certificate of authority issued
by the insurance commissioner of the state to do business in the state, such certificate shall have endorsed
thereon an endorsement executed by the company issuing such policy, which endorsement shall be
substantially as follows:

It is agreed that in the event of dispute as to the validity of any claim made by the assured under
this certificate of insurance, or in the event of any suit instituted by the assured against the
company upon this contract, the company hereon will submit to the jurisdiction of the courts of the
state of California, and will comply with all legal requirements necessary to give such courts
jurisdiction, and for this purpose said company hereby appoints at ____________ Street, California, its
agents for the purpose of service of process; and in any suit instituted by the assured against the
company upon this contract, the company will abide by the final decision of the courts of said state
and settle accordingly.

2. Before any policy of insurance with Lloyd’s of London will be accepted, the following conditions must be
complied with:

(a) Documentary evidence must be filed with the City that all of the Lloyd’s underwriters have appointed agents to bind them (the underwriters) on insurance policies to be submitted to the City.

(b) Documentary evidence must be filed with the City showing that all underwriters accepting percentages of insurance in California have authorized some person to accept service of process on their behalf, so that a judgment may be obtained in this state against the various underwriters. (Ord. 7215-NS § 6, 2011; Ord. 6325-NS § 9, 1996)

A. Taxicab Color Scheme--Approval.

1. A unique and characteristic color scheme approved by the City shall be used by each business owner operating vehicles for hire in the City to distinguish all of the vehicles for hire such owner operates. Such scheme shall not be used by any other business owner.

2. No change whatever in the color scheme or distinguishing characteristics of any vehicle for hire shall be

made without prior written permission of the City.

B. Taxicab Markings. It is unlawful to operate a vehicle for hire within the City which does not have printed or placed upon the rear door of the vehicle and on each side and rear deck of such vehicle for hire the name of the business owner. All such lettering shall be in letters not less than two and one fourth inches in height and not less than five sixteenths inches in stroke. In addition, the dome light markings shall read the same as the business owner’s name or fictitious name written upon the rear doors and rear of the vehicle or only shall read "Taxi." In addition, every vehicle for hire shall have printed or placed upon the exterior in conspicuous letters of the same color not less than three and one half inches in height and not less than one half inch stroke, of a color in contrast of the color of the vehicle for hire, the number of such vehicle for hire, which numbering shall be printed or placed in the following locations:

1. On each side of the vehicle on the leading edge of the front door;

2. At the center on the leading edge of the front of the hood;

3. At the center on the rear edge of the trunk lid.

4. Accessible taxis shall display the International Symbol of Accessibility on the vehicle in the following
locations:

(a) On the lift ramp access door;

(b) Entrance door; and

(c) On the rear of the vehicle immediately above the rear bumper.

C. Vehicle Maintenance and Physical Condition.

1. There shall be no physical damage to the exterior.

2. All exterior components must be fitted and function properly, as designed without a secondary
assistance device.

3. No exterior component of the vehicle shall be missing, damaged, cracked, torn, broken, dented or
unpainted in the approved color scheme.

4. No interior component of the vehicle shall be missing, damaged, broken, cracked, torn, dented or
unpainted in the approved color scheme.

5. Doors, windows, handles and locks must be attached and function properly.

6. The interior of the vehicle shall be free of noxious odors including tobacco odors, spoiled food odors,
foul odors and any other odor that may be offensive to the patron.

7. No advertising, wording, or obstructions of any kind on the windows. No window tinting on vehicles
purchased for taxi use after October 1, 2011.

8. All exterior advertising must be on an approved fixed mounted roof top triangle shaped taxi ad carrier or

taxi light box.

9. There shall be no unapproved advertising, wording, language, colors or designs on the exterior of the
vehicle.

10. Except as authorized by BMC Section 9.52.085, there shall be no unapproved advertising, wording,
language, colors or designs on the interior of the vehicle.

11. There shall be no items of any kind attached, hanging or suspended from the interior rear view mirror.

12. Portable global positioning system (GPS) devices no larger than seven inches square shall be placed in
the lower left corner of the windshield nearest the driver.

13. No unapproved devices, objects or material shall be placed on the dashboard.

14. Current and up to date user manuals and equipment operation manuals shall be kept in the accessible
taxi at all times.

D. Illumination of Passenger Compartment. Every vehicle for hire shall at all times be equipped with a light of not less than two candlepower within such vehicle, so arranged as to illuminate the entire passenger compartment, which light shall be kept constantly lighted at all times while any passengers are being loaded into or unloaded from any such vehicle for one-half hour after sunset of any day until one-half hour before sunrise of the next day, and no shades or blinds shall be drawn over the windows of any such vehicle while the same is occupied.

E. Operation When in Unsafe or Unsanitary Condition Prohibited. It is unlawful to operate any vehicle for hire while the same or any of the equipment used thereon or therewith shall be in a defective, unsafe or unsanitary condition.

F. Inspection--Requirements for. Before a vehicle permit is issued to a taxicab business owner, each vehicle for which a vehicle permit is requested shall be delivered to a City-approved vehicle inspection station for inspection of such vehicle and its equipment to ascertain whether such vehicle and equipment comply with the provisions of this chapter. The City shall provide a list of approved vehicle inspection stations. Any vehicle which is found after such inspection to be unsafe or in any way unsuitable for service will not be issued a vehicle permit and immediately may be ordered out of service. Before a vehicle permit is issued, or the vehicle is again placed in service, it shall be placed in a safe and sanitary condition, inspected, and a completed inspection certificate filed with the City. Each vehicle to be operated shall be reinspected upon annual renewal of the vehicle permit. The interior and exterior of any vehicle shall be clean and well maintained as determined by the City and meet California vehicle code requirements and the requirements of this chapter at all times when in operation.

G. Accessible Taxi Vehicle Inspection. Prior to inspections pursuant to Section 9.52.080(F), all accessible taxis shall be required to pass an accessible taxi vehicle inspection conducted by a City facility or City-approved inspection facility. Accessible taxi vehicle inspections shall include:

1. Lift system inspection;

2. Driver knowledge and operation of the lift system;

3. Restrain system inspection;

4. Driver knowledge and operation of the restrain system;

5. Brake system inspection;

6. User manuals and equipment operating manuals.

H. Inspection Authorized When. Any City official charged by the City Manager with the authority to enforce this chapter shall have the right, after displaying the proper identification, to enter into or upon any permitted vehicle for hire in the City for the purpose of ascertaining whether or not any of the provisions of this chapter are being violated. The scope of this inspection is limited to determining compliance with the requirements of this chapter and may be done without notice, warrant, or individualized suspicion of wrongdoing. (Ord. 7336-NS § 2, 2014; Ord. 7215-NS § 7, 2011; Ord. 6325-NS § 10, 1996)

A. No person, corporation, partnership, cooperative, business, fictitious name shall engage in the business of providing in-cab advertising without a City of Berkeley Business License and complying with the requirements of this chapter.

B. In-Cab Advertising--Application. Any taxi business owner seeking to provide in-cab advertising shall apply in the manner set forth herein. The application shall be on a form authorized by the Director of Finance. The application shall be in writing, signed by the business owner, and shall set forth all the information required in the application form and accompanying documentation, including but not limited to the following:

1. Name and address of the taxi company.

2. Name, address and phone number of the in-cab advertising company.

3. Name, address and contact information for at least three representatives of the in-cab advertising
company.

4. Satisfactory proof that such equipment has been proven to be safe for installation and operation in the
rear passenger compartment of the proposed taxi vehicle. Such satisfactory proof shall include, but, is not
limited to:

(a) Documentation from the vehicle manufacturer.

(b) Documentation from the advertising equipment manufacturer.

(c) Documentation that the equipment installer has been approved and authorized by the equipment
manufacturer.

5. In the event that original equipment installed by the vehicle manufacturer is replaced by in-cab
advertising equipment, the taxi company and advertising service provider shall provide satisfactory proof that
the equipment replacement meets or exceeds the vehicle manufacturer’s specification.

C. In-Cab Advertising Equipment Requirements.

1. Failure to comply with this Section may result in suspension or revocation of the owner permit, driver
permit or vehicle permit. Nothing in this section limits the authority of the Director of Finance to summarily
revoke any owner, driver or vehicle permit when a threat to public health, safety, or welfare exists.

2. All components of the in-cab advertising display must be securely fitted and function properly, as
designed, without a secondary assistance device. All components of the in-cab advertising display shall be
maintained in a safe, clean and undamaged condition. No component of the advertising display shall be
missing.

3. Interior display screens shall be limited to the following:

(a) Displays manufactured as part of the headrest shall be no smaller than 7" and no larger than 9".

(b) Displays mounted between the two front seats shall be mounted no higher than the upper section
of the front seat excluding the headrest.

4. In-cab advertising equipment shall not interfere with or impede:

(a) Ability of the driver to operate the vehicle as designed; and

(b) Forward view or rear view of the driver.

5. In-cab advertising equipment shall not interfere with passenger, safety, comfort, view, nor in any way
reduce the manufacturer’s specified size of the passenger compartment.

6. The in-cab advertising display shall be equipped with an on/off switch controlled by the passenger.

7. The in-cab advertising display shall be equipped with a volume control switch controlled by the
passenger. The maximum volume shall not exceed 70db.

D. Prohibited Activity and Advertisements.

1. Drivers shall at no time operate in-cab advertising equipment while the vehicle is in motion; this does not
preclude customers or passengers from operating the equipment.

2. No taxi company or taxi driver may solicit or otherwise promote the products or service advertised in the
display. (Ord. 7336-NS § 3, 2014)

A. Types of Service to be Provided. A vehicle for hire is authorized to provide the following types of service:

1. Exclusive ride, which shall mean exclusive use of a taxicab by one or more passengers at a time.

2. Shared ride, which shall mean non-exclusive use of a taxicab by two or more unrelated passengers,
traveling between different points of origin and/or destination and traveling in the same general direction.

B. Flag Loads Permitted When. Flag loads, meaning passengers soliciting a vehicle for hire at random points on the street, may be picked up at any location within the City except when it is apparent that the prospective fare has already phoned for a vehicle for hire operated by another person or firm and is waiting for such vehicle for hire to arrive.

C. Solicitation of Fares Permitted When. Solicitation of fares is permitted when located at an authorized taxicab stand and such other areas as may be declared open to solicitation by all properly permitted business owners or drivers. No driver of any vehicle for hire shall seek employment by repeatedly driving their vehicle to and fro in a short space in front of, or by otherwise interfering with the proper and orderly access to or egress from any theater, hall, hotel, railway or other place or public gathering; or by leaving their vehicle or otherwise, approach and solicit patronage by any pedestrian upon the sidewalk, in any theater, hall, hotel, railway, or street railway loading point.

D. Passengers not to Ride with Driver--Exceptions. All persons other than the driver shall ride in the passenger compartment of the vehicle for hire, except passengers who are physically disabled, are unable to get into the passenger compartment, or have extreme difficulty in doing so, and except where there are more passengers than can be accommodated in such compartment or where it is necessary to have someone seated with the driver in connection with the normal operation of the vehicle for hire.

E. Driver to Use Direct Route. The driver of a vehicle for hire employed to carry passengers to a definite point shall take the most direct route possible that will carry the passengers safely, lawfully and expeditiously to said destination, unless requested to take a different route by a passenger who wishes to avoid or enjoy certain routes or roadway conditions. Drivers shall carry a map of Berkeley and the immediately surrounding jurisdictions in the vehicle at all times.

F. Light Baggage to be Conveyed in Motor Vehicle Without Charge. Persons engaging a vehicle for hire shall be entitled to have such valises, small hand baggage, groceries and other similar purchases or wheel chairs as can be conveniently carried within the vehicle loaded, conveyed and unloaded at the point of deboarding without charge. If a driver carries or conveys any such objects to a point beyond the point of deboarding, the driver may leave the taximeter running and the passenger shall be obligated to pay for the time required to convey the items; provided that the driver informs the passenger that the taximeter will be kept running before providing this service.

G. Daily Operation Required. Every business owner approved to operate under the provisions of this chapter shall regularly and daily operate their business to the extent reasonably necessary to meet the public demand for service. Upon abandonment of such business for a period of 30 consecutive days by such business owner, approval to operate under this chapter may be revoked. (Ord. 6655-NS § 4, 2001; Ord. 6325-NS § 11, 1996)

A. Prior to assigning a driver to an accessible taxi the Taxi Company and taxi driver shall demonstrate to Finance Department that the taxi driver is competent to operate an accessible taxi by demonstrating the following:

1. Driver knowledge and operation of the lift system;

2. Driver knowledge and operation of the restrain system; and

3. Driver knowledge of the User manuals and equipment operating manuals.

B. Priority for Passengers with Assistive Devices. Operators and Drivers of accessible taxis shall grant priority to requests for service from passengers who use ambulatory aids, and may not accept any other service request while en route to a dispatched call from a person who uses an ambulatory aid. In the absence of a request for service by a passenger who uses an ambulatory aid, a Accessible Taxi may transport any person.

C. Drivers of accessible taxis must provide the following services:

1. Assist the passenger from the curbside to the vehicle;

2. Assist the passenger from the vehicle to the curbside;

3. Secure the passenger within the vehicle;

4. Wait for the passenger at the curbside for at least ten (10) minutes after the agreed upon pickup time;
and

5. The taxi company owner, dispatcher or driver shall confirm the agreed upon pickup time at least fifteen
(15) minutes prior to arriving at the location.

D. Accessible Taxi Pickups per Month. Every Taxi Business Owner that operates a Accessible Taxi must ensure that the operation of the Accessible Taxi makes at least eight pick-ups per month of persons with disabilities. If the Taxi Business Owner fails to meet this requirement three times within a six-month period, the Accessible Taxi Permit shall be revoked and reassigned to individuals on the Waiting List. A record of accessible taxi service shall be maintained pursuant to Section 9.52.130.

E. Safe Operating Condition. All Accessible Taxis must be maintained in a safe operating condition. All business owners and drivers operating an Accessible Taxi are jointly and severally responsible for ensuring that all accessible taxis for which they hold permits meet all equipment requirements listed in this Section. Any accessible taxi may be removed from service for any violation of this Section until the violation is corrected and the vehicle is re-inspected and approved for service.

F. Adaptive Equipment. Vehicle conversions and the installation or placement of any adaptive equipment shall be done by a facility with individuals certified or licensed to perform vehicle conversions and equipment installations. Adaptive equipment installations shall not interfere with the driver’s visibility or the operation of any original manufacturer’s equipment. The adaptive equipment operator’s manual shall be in the vehicle at all times.

G. All lifts shall be powered by electric or hydraulic systems. Lift ramps shall be no less than thirty (30) inches wide. Lift capacity shall be no less than 500 pounds. (Ord. 7336-NS § 4, 2014)

A. The City Council may set by resolution the maximum rates to be charged per flag drop, per mile and per minute of waiting time or traffic delay time. If such resolution is adopted, no rates higher than those established by the City shall be charged.

B. As of January 1, 2002, all drivers and business owners shall accept taxi scrip if it is offered by a passenger, at the value shown on the taxi scrip. The City Council may set by resolution the rate at which the City will redeem taxi scrip. Drivers, business owners and dispatchers may not inquire prior to providing or scheduling service whether payment will be in the form of cash or taxi scrip. (Ord. 6655-NS § 5, 2001; Ord. 6325-NS § 12, 1996)

A. Charges, Location and Posting Required. No taxicab may be operated in the City unless said taxicab be equipped with a taximeter in good operating condition. No fare higher than what is recorded on the taximeter shall be charged. Every taximeter shall be installed at the center of the dashboard or console of the taxicab. The reading face of the taximeter shall at all times be well lighted and distinctly readable to the passengers within the taxicab. At the time of permitting, the business-owner shall provide a valid taximeter inspection certificate issued by the County of Alameda, Division of Weight and Measures. Said certificate shall state the name and model number of the meter and the vehicle number for which it is assigned, and shall be current at all times.

B. Manual and Electronic Flag Use Restrictions. No driver of a taxicab while carrying passengers shall display a manual flag or electronic flag attached to the taximeter or taxicab in such a position as to denote that such vehicle is not employed, or throw the manual flag or start the electronic flag of the taximeter in a recording position when such vehicle is not actually employed, or fail to start operation of the taximeter at the beginning of an exclusive or shared ride trip, or fail to stop the operation of the taximeter at the termination of each and every service.

C. Charges--To be as Indicated on Taximeter. All exclusive and shared ride charges for transportation of passengers in taxicabs operated in the City must be as indicated on the taximeter installed in said taxicabs.

D. Charges--Deduction for Time Vehicle is Disabled. In the event any vehicle for hire shall become disabled or break down without fault of the passenger, there shall be no charge to the passenger for the waiting time caused by the delay.

E. Charges--Receipt for Payment Provided When. Every driver shall if requested, give a correct receipt upon payment of the correct fare. All receipts shall include the name of the business, the vehicle number, the date, and the amount of payment.

F. Taximeter--Manipulation Prohibited. It is unlawful to manipulate or cause to be manipulated the taximeter so as to cause a registration to be made of more time or greater distance than the correct amount of time and distance for the particular trip. (Ord. 6655-NS § 6, 2001; Ord. 6325-NS § 13, 1996)

A. Misrepresentation in Solicitation of Fares Prohibited. It is unlawful to solicit fares by misrepresenting in any manner whatsoever the identity of the owner of the vehicle for hire or business owner for which the fare is solicited and it is unlawful to misrepresent the location of, travel time or distance to any destination to which a passenger seeks transportation.

B. Interference with Passengers Seeking Transportation. It is unlawful to interfere in any manner whatsoever with any person who is negotiating for, inquiring about transportation in, or employing a vehicle for hire.

C. Unlawful Obstruction of Public Right-of-Way. It is unlawful for any person possessing a City of Berkeley taxi driver permit and operating a vehicle possessing a City of Berkeley vehicle permit to:

1. Obstruct any street or sidewalk at anytime;

2. Unlawfully park a taxi on any street;

3. Drive a vehicle in reverse against the direction of traffic;

4. Drive a vehicle at such a slow speed as to impede the reasonable or normal flow of traffic.

D. For purposes of on-street parking, a taxi driver (lessee) shall be authorized to park one taxicab on the public right of way immediately adjacent to their primary residence; provided, that the business owner has complied with Section 9.52.030.B.6.

E. Provision of Assistance to Passengers. A driver of any vehicle for hire shall offer to provide assistance and, if requested, shall provide reasonable assistance to each passenger in entering and leaving the vehicle unless the passenger indicates otherwise. Drivers shall confirm that passengers are securely seated and their possessions, if any, are secure, and the door closed, before beginning the trip. Drivers shall ensure that passengers and their possessions are safely clear of the vehicle and in an appropriate deboarding location before leaving the destination. Drivers shall board passengers at the nearest safe, legal and feasible point to the passenger’s location and shall deboard passengers at a point from which they can safely proceed.

F. Lost Property--Report and Recordkeeping Required. All property of value found by drivers or business owners in the vehicles for hire operated by said business owners or drivers, or delivered to them by any person who has found such property, shall be reported to the City within 48 hours, unless such property shall have been claimed by and returned to the rightful owner within that time. Every business owner shall keep a record of all such property, whether returned to the owner of the property or not, for 30 days.

G. Service--Denial of. It is unlawful for a driver or business owner to refuse a prospective fare based on the distance of the route for which the service is requested, or the geographic location of either the origin or destination of the trip (except where that distance exceeds a total of 50 miles beyond the City limits of the City of Berkeley), or to take any action to actively discourage a prospective fare solely on the basis of race, creed, color, age, sex, sexual orientation, national origin, use of taxi scrip or disability, including use of service animals.

H. State Mandated Drug and Alcohol Testing. Pursuant to the provisions of California Government Code Section 53075.5, each and every driver authorized to operate a vehicle for hire in the City shall submit proof of negative testing for controlled substances and alcohol to the City as required by state law.

I. Driving Records of Owners and Drivers. Taxi vehicle owners and drivers are required to report all California Vehicle Code violations to the Finance Department within five (5) days of receiving a citation. Drivers receiving four (4) or more points within a twelve month period may be considered a negligent driver and subject to suspension or revocation.

J. A driver may inquire whether an animal is a service animal but may not require a disabled person to show any documentation of disability or certification of the animal’s status as a service animal. The driver may require service animals not in carrying containers to remain on the floor of the vehicle. (Ord. 7336-NS § 5, 2014; Ord. 7215-NS § 8, 2011; Ord. 6655-NS § 7, 2001; Ord. 6325-NS § 14, 1996)

A. Waybills--Information Required--Examination Authorized When.

1. The driver of every vehicle for hire shall keep a separate waybill of every service rendered by such driver, which waybill shall include the following information:

   (a) Location where passengers entered vehicle;

   (b) Date and time of entry;

   (c) Number of passengers;

   (d) Location where passengers were discharged;

   (e) Amount of fare collected.

2. The business owner shall keep said waybills in their office files for a period of 90 days after date of service rendered, and the same shall at all convenient times be open to examination by the City. The failure to complete any waybill shall subject the business owner or driver to citation. The falsifying of any waybill by a business owner or driver shall be grounds for revocation of their owner’s and/or driver’s permit.

B. Vehicles and Employees--Recordkeeping Requirements. Each business owner shall keep a record of all vehicles operated and shall maintain at all times a complete and accurate record of all drivers employed, which shall show in detail the names and addresses and the dates of beginning and termination of employment of the drivers, the vehicle driven by each driver, and the hours during each day and night worked by each driver. Such records shall be displayed to the City at any time upon demand, and shall not be destroyed without permission of the City. (Ord. 6325-NS § 15, 1996)

A. Taxicab Stands--Joint Use and Regulation. The City Council may approve the establishment and removal of taxicab stands by resolution.

1. All approved taxi stands shall be for the joint use of all taxicab business owners and drivers permitted to
operate within the City.

2. During the period of use of the spaces referred to in this section, vehicles shall at all times be parked in
accordance with posted signage and existing markings on the pavement or, in event that specific space is set
aside for the use of taxicabs, parking by taxicabs shall be restricted to such specific location.

3. No taxicab shall be parked unattended in any taxicab stand for a period of time exceeding five minutes.

4. Except as stated in Section 9.52.120.D, Section 9.52.140.A.1, Section 9.52.140.A.2 and Section
9.52.140.A.3, no taxicab shall be stored or left attended or left unattended for any reason on any public
street, except for the following:

(a) When legally parked at a designated taxi stand;

(b) When legally parked at a metered space;

(c) For not longer than the permitted time allowed by posted signage in non-residential areas;

(d) For no more than one (1) hour when parked in residential areas not regulated by parking meters or
posted signage.

B. Emergency Stands Authorized When. Under conditions where large crowds are to gather or have gathered and where an unusual demand for taxicab service may exist the City may set aside space for exclusive use by taxicabs for such period of time that such emergency condition may exist. (Ord. 7215-NS § 9, 2011; Ord. 6325-NS § 16, 1996)

A. The City shall immediately suspend any driver’s permit if they are operating a vehicle for hire without a valid driver’s license.

B. An owner or driver operating a vehicle in violation of Section 9.52.070 or 9.52.080 is in violation of this Chapter and the vehicle permit shall be immediately suspended. The City may suspend a vehicle permit if the vehicle: (1) has physical defects or is damaged and may cause harm or injury to persons or property or impairs the routine operation of the vehicle, (2) has mechanical defects or malfunctions, (3) cannot be operated safely, (4) is not registered with the State of California or (5) the unlawfully parked vehicle does not comply with Section 9.52.120.D. Such vehicle shall not be allowed to operate until all violations are corrected and proof of correction has been provided in writing to the City of Berkeley Finance Department. If the Finance Department has not been notified within ten (10) days that the violations have been corrected, the City may issue a notice of revocation and proceed as set forth in this Chapter. For purposes of this subdivision, correction of violations of Section 9.52.120.D shall be in compliance with Section 9.52.030.B.6. During the time that the permit is suspended, it shall be unlawful for the permittee to exercise any of the rights granted under this chapter.

C. The City shall immediately suspend any owner’s permit for a period of 30 days if unlicensed or unpermitted drivers have operated any of that owner’s vehicles for hire.

D. Any owner or driver engaged in disturbances of the peace, violence, moral turpitude, sex assault, reckless driving, public urination, public drunkenness, vandalism, harassment, excessive littering, excessive noise, or lewd conduct shall have their owner and/or driver permit suspended pending a revocation hearing.

E. Any business owner or driver adjudged to have violated this Chapter three times or more in the same calendar year shall have their business owner’s permit or driver’s permit immediately suspended pending a revocation hearing. (Ord. 7215-NS § 10, 2011; Ord. 6976-NS § 5, 2007; Ord. 6874-NS § 5 (part), 2005; Ord. 6325-NS § 17, 1996)

A. Generally. In addition to Section 9.52.150, any permit issued by the City under this chapter may be revoked by the City for any of the following reasons including but not limited to:

1. The existence of any fact which, at the time of application, would have caused the City to deny the
application, whether or not such fact existed at the time of the application or occurred thereafter;

2. Any violation of laws relating to the operation of a motor vehicle including but not limited to reckless
driving, driving under the influence of alcohol or controlled substances, or other violations indicating that a
driver is not competent to operate a vehicle for hire in a consistently safe manner;

3. A motor vehicle accident resulting in injuries to persons or property caused by the culpable act or
omission of the driver or business owner;

4. Failure to pay any judgment for damages arising out of the unlawful or negligent operation of any vehicle
for hire;

5. Failure to maintain insurance as required by this chapter;

6. Failure to maintain a vehicle for hire in a safe and sanitary condition such that the vehicle could pass, at
any time throughout the permit period, the inspection required for the issuance of a vehicle permit;

7. Failure to pay any outstanding administrative penalties arising from violations of this Chapter;

8. Any violation of this chapter.

B. Appeal of Notice of Revocation.

1. The permit holder shall be entitled to appeal the City’s decision to revoke their permit by filing a written
notice of appeal with the City Clerk within ten days from the date the notice of revocation is mailed.

(a) If the permit holder files a timely request for appeal, a hearing shall be held with ten days written
notice of the hearing date, time and location to the appellant.

(b) The appellant shall be entitled to present evidence and call witnesses in this hearing and the City
Manager or their designee shall preside over the hearing. The decision of the City Manager or their
designee shall be final.

2. Pending the appeal hearing it shall be lawful for the permit holder to operate their business or operate a
vehicle for hire unless the permit at issue has been suspended. If the notice of revocation is affirmed on
appeal, the permit at issue immediately shall be revoked and surrendered to the City. (Ord. 7215-NS § 11,
2011; Ord. 6874-NS § 6 (part), 2005; Ord. 6325-NS § 18, 1996)

A. The City Manager and authorized employees are empowered to investigate and conduct inspections to determine whether permittees and other persons are complying with this chapter.

B. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor, but may be charged as infractions in the discretion of the citing officer.

C. Violation of this chapter is hereby declared to be a public nuisance.

D. The remedies set forth in this chapter are cumulative. (Ord. 6874-NS § 7 (part), 2005; Ord. 6325-NS § 19, 1996)

A. In any proceeding to review a decision not to renew a permit, or to suspend or revoke a permit, a permittee shall be conclusively presumed to have committed any violation that was the subject of any administrative citation that became final during the calendar year in which the renewal was denied or the proceeding was initiated.

B. For purposes of this chapter, an administrative citation becomes final upon the expiration of the deadline for the cited person to request an administrative hearing under Chapter 1.28, or, if an administrative hearing is requested and held, the expiration of the deadline for seeking judicial relief as set forth in Chapter 1.28.

C. If a person cited seeks judicial relief, the administrative citation is final when the resulting judgment becomes final. (Ord. 6874-NS § 8 (part), 2005)