Big Bear Lake Municipal Code Ch. 5.90 Taxicabs

The following words and phrases when used in this chapter shall have the meanings set forth in this section:

A. "Taxicab" means any motor-propelled vehicle used for the transportation of passengers who direct the route to be traveled over the streets and not operated over a fixed route for compensation.

B. "Public transportation vehicles" means every propelled vehicle not otherwise defined in this section used in the business of transporting passengers over the streets of the city, irrespective of whether or not any fee, compensation or consideration is paid for such transportation, excepting any transportation system regulated by the public utilities commission, or a transportation service rendered by a publicly owned transit system.

C. "Person" means and includes any person, firm or corporation.

D. "Owner" means any and/or every person who in any manner has the proprietary use, ownership, or control of any passenger carrying motor-propelled vehicle.

E. "Applicant" means the owner(s) of the firm or corporation requesting certificate of public convenience and necessity.

(Ord. 91-196 § 1(part), 1991)

A. It is unlawful for any person to engage in the business of operating or causing to be operated any taxicab or public transportation vehicle for hire in the city, without first having obtained from the city council a certificate of public convenience and necessity.

B. All persons applying for such certificate shall file with the council a certified application which should contain the following information:

1. Name and address of persons making application;

2. Number of vehicles proposed to be operated under the permit requested;

3. Summary of current and or past related business experience of applicant;

4. The address or proposed address of place of business;

5. The make, type, year and manufacture and passenger-seat capacity for each vehicle proposed to be operated for which a permit will be requested;

6. The description of the proposed color scheme, insignia or other distinguishable characteristics of each and every taxicab to be used, including the type of illuminated sign to be mounted on the top of the vehicle and legend thereon;

7. Proposed hours of operation;

8. Any further facts which the applicant believes tend to support the granting of a permit;

9. Proposed rates to be charged;

10. Current financial statement and business plan.

C. Each applicant shall undergo a background investigation which shall include a criminal history investigation and a credit check.

(Ord. 91-196 § 1 (part), 1991)

Upon receipt of any application referred to Section 5.90.020, the city clerk shall set forth a time not less than ten, nor more than forty-five days thereafter, for the hearing of the application before the city council and notice shall be given the applicant by mail of the time so set at least five days before the date of such hearing. A notice shall be published once in a newspaper of general circulation in the city at least ten days prior to the hearing. The applicant shall pay the city clerk a license fee which fee shall be established, from time to time, by resolution of the city council, after the city council conducts a public hearing, plus appropriate costs for background investigations to be determined on an actual cost plus administrative expense.

(Ord. 2002-329 § 1(y), 2002; Ord. 2002-326 § 1(part), 2002; Ord. 91-196 § 1(part), 1991)

A. No certificate of public convenience and necessity shall be granted until the council, after the hearing, declares by resolution that the public convenience and necessity support the proposed service and that the following conditions exist:

1. The applicant is financially responsible and is of good moral character, and the officers of the applicant are of good moral character.

2. The applicant has complied with the provisions of all city, county, state and federal laws applicable to proposed operation.

3. The additional service will not result in a greater hazard to the public and will not create traffic congestion or parking problems.

B. If the council finds from its investigation and hearing that the public convenience and necessity justify the creating of an additional certificate and the granting of permits required there under, it shall notify the applicant of its findings. Within sixty days thereafter, the applicant shall furnish to the city manager any and all additional information which may be required, and if the city manager then finds the proposed taxicab operation meets the requirements of this chapter, he thereupon issues to the applicant a certificate of public convenience and necessity.

C. If the city council finds from such investigation and hearing the public convenience and necessity does not justify the granting of an additional certificate, it shall forthwith notify the applicant of such finding.

(Ord. 91-196 § 1(part), 1991)

Every owner operating a taxicab or taxicabs or public transportation vehicle for hire within the city prior to the effective date of the ordinance codified in this chapter, 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 shall continue to operate under existing certificates.

(Ord. 91-196 § 1(part), 1991)

Before any certificate of public convenience and necessity shall be issued, the owner or operator shall file with the city clerk certificates of insurance covering each vehicle operated and thereafter keep in full force and effect policies of insurance which are executed by an insurance company. The insurance policies shall cover the following:

A. Commercial General Liability Insurance. The owner or operator shall maintain in full force and effect occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than one million dollars per occurrence. If such insurance contains a general aggregate limit, it shall be no less than two times the occurrence limit.

B. Business Automobile Liability Insurance. The owner or operator shall maintain in full force and effect for each vehicle business automobile liability insurance or equivalent form with a combined single limit of not less than one million dollars per occurrence. Such insurance shall include coverage for owned, hired and nonowned vehicles. If such insurance contains a general aggregate limit, it shall be not less than two times the occurrence limit.

C. General Requirements. All such policies shall name the city as additional insured and shall contain a provision for continuing liability up to the full amount of coverage, notwithstanding any recovery and that the city shall be held harmless for all claims, demands and actions of any type whatever occasioned by the operation of the permittee, and shall further contain a provision or endorsement providing that such policy will not be canceled until a notice, in writing, is supplied to the city, addressed in care of the city clerk, City Hall, Big Bear Lake, California, at least thirty days immediately prior to the time such cancellation shall become effective.

(Ord. 93-238 § 3, 1993: Ord. 91-196 § 1(part), 1991)

A. If an owner to whom a certificate of convenience and necessity has been issued, desires to sell or transfer his business, the intended buyer must make application to the city for a certificate of convenience and necessity as required by this chapter. The seller and holder of the certificate must file an affidavit of intention to surrender and cancel the existing certificates and licenses conditionally upon and concurrently with consummation of sale and issuance of new certificates and licenses in the name of the buyer.

B. If the buyer applicant meets the requirements as set forth in this chapter for the issuance of a certificate of convenience and necessity, the city shall issue a new certificate to the buyer and concurrently shall cancel the seller's certificate.

(Ord. 91-196 § 1(part), 1991)

Quarterly, or more often as may be requested by the city manager, the owner shall provide evidence of vehicle safety check by an automotive mechanic in such form as may be approved by the city manager.

(Ord. 91-196 § 1(part), 1991)

Vehicles operated as taxicabs under this chapter shall be clearly identified by the color schemes and insignias as approved by city and each shall bear a unique number identification clearly visible on the exterior and interior of vehicle.

(Ord. 91-196 § 1 (part), 1991)

The Big Bear Lake law enforcement agency shall fingerprint proposed taxicab operators of persons offering taxicab service within the city and shall access summary criminal history information and driving history for the purpose of determining whether to issue a taxicab operator's license. The city shall not issue a taxicab operator's license to any person who has been convicted of a felony or a misdemeanor involving moral turpitude except that such conviction may be disregarded if it is determined that mitigating circumstances exist or that the conviction is not related to the license for which application is made. No person shall operate a taxicab within the city until such time as a taxicab operator's license or a temporary license has been issued by the chief of police, nor shall any person operate a taxicab without prominently displaying a valid taxicab operator's license therein. The chief of police, at his discretion, may issue a temporary taxicab operator's license for a period not to exceed ninety days. Drivers currently operating under an existing certificate of convenience and necessity as of the effective date of the ordinance codified in this chapter shall be issued a taxicab operator's license without background checks. Fees associated with the application, fingerprinting, investigation, and issuance of a taxicab operator's license, shall be paid to the city in advance by the owner. The owner shall provide, on a quarterly basis, evidence of current California driver's license. Each applicant for a taxicab operator's license shall pay a fee twenty-five dollars plus the actual costs of obtaining the information contained in this section.

(Ord. 91-196 § 1(part), 1991)

A. A certificate or license issued under the provisions of this chapter, may be revoked or suspended by the city council if holder thereof has:

1. Violated any of the provisions of this chapter;

2. Discontinued operations for a period of five days;

3. Violated any ordinance or law of the city, the county, the state, or of the United States, the violation of which reflect unfavorably on the fitness of the holder to offer public transportation.

B. Before suspension or revocation, the holder of the certificate shall be given reasonable notice of the proposed action to be taken, and have an opportunity to be heard by the city council, either in open or closed session at the selection of the holder of the license. The holder may at his sole expense be represented by counsel. A request for hearing shall be filed not later than fifteen days from the date of notice of proposed action. Upon receipt of request, the matter shall be scheduled for hearing not less than five days nor more than fifteen days or at the next regular council meeting after the five-day period, whichever occurs first. Action of the council shall be final.

C. A certificate, issued under the provisions of this chapter, shall be suspended by the city manager if the holder thereof has failed to provide the city clerk with evidence of insurance as provided for in Section 5.90.060. The certificate will be reinstated when evidence of insurance has been given to the city clerk, provided all other conditions of the certificate are in conformance.

(Ord. 91-196 § 1(part), 1991)

No person shall be entitled to receive a business license to operate a vehicle of the class defined in this chapter without first having received a certificate of public convenience and necessity as set forth in this chapter. A business license shall be required of all permittee's and license holders, except bona fide employees of a certificate holder.

(Ord. 91-196 § 1(part), 1991)

A. Any driver employed to transport passengers to a definite point shall take the most direct route that will take the passengers to their destination safely and expeditiously.

B. If requested, every driver shall give a receipt upon payment of the correct fare.

C. 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.

D. It is unlawful for any operator or driver to allow an occupancy greater than the number of seat belts within the vehicle not counting infants in arms of an adult person.

E. It is unlawful for the owner or driver of any vehicle under this chapter to conduct his business from any place other than the established place of business set forth in the certificate of convenience and necessity.

(Ord. 91-196 § 1(part), 1991)

A. Upon recommendation of the public works director or his nominee the council may, by resolution, locate and designate taxicab or vehicle for- hire-stands.

B. 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.

C. 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 operator of any other vehicle for hire, other than the permittee to use a stand designated specifically to such individual.

(Ord. 91-196 § 1(part), 1991)

A. Each taxicab operating in the city shall have posted the rates to be charged for carrying passengers on a mileage and or time basis. Each operator will notify the city manager thirty days prior to any rate change.

B. The city council may from time to time adopt rates by resolution after conducting a hearing thereon, and the resolution shall become of the same force and effect as though incorporated in this chapter. Each owner and driver operating in the city shall charge no more than the schedule of rates as provided in such resolution.

C. Each vehicle so operated shall be equipped with taxi meters of a make and model approved by the state and the meters shall be calibrated according to the posted rates.

(Ord. 91-196 § 1(part), 1991)