Brawley Municipal Code Ch. 25 Taxicabs

The provisions of this chapter shall apply to taxicab companies doing business within the city.

(Ord. 2000-07, § 1.)

For the purpose of this chapter, the words and phrases defined in this section shall be deemed and construed to have the meanings respectively ascribed to them, unless from the particular content it clearly appears that some other meaning is intended:

"City" means the incorporated area of this city of Brawley as currently constituted or hereafter changed.

"Driver" means and includes every person in actual charge and control of any taxicab.

"Owner" means and includes every person owning, operating or controlling any taxicab business.

"Stand" means and includes a portion of the street designated by the traffic engineer for the sole use of taxicabs while waiting for employment.

"Taxicab" means and includes every motor vehicle designed for carrying not more than eight persons, excluding the driver, of a distinct color or commercial appearance used in the business of carrying passengers for hire, and which is rented from a public or private garage, or any fixed stand or location and the destination and route of which are under the control of the passenger being carried therein.

"City engineer" means the city engineer for the city of Brawley.

(Ord. 2000-07, § 1.)

Every person carrying passengers for hire in a taxicab shall obtain a business license and pay the tax provided for by chapter 16. The business license shall not be issued until the required permits have been obtained as provided for in this chapter.

(Ord. 2000-07, § 1.)

(a) No owner's permit shall be issued unless the taxicab business is domiciled or maintains a place of business in the city.

(b) No taxicab shall be operated in the city unless an owner's permit has been issued to the owner of the taxicab and a driver's permit has been issued to the driver of the taxicab.

(c) No taxicab shall use any stand until a stand permit has been obtained.

(d) Permit fees shall be submitted with each application for the above-referenced permits in an amount to be determined by resolution of the city council.

(e) No permit granted pursuant to this chapter shall be transferable.

(Ord. 2000-07, § 1.)

Notwithstanding any of the provisions of this code to the contrary, any owner desiring to obtain an owner's permit shall make application therefor to the city manager or his designee. The application shall be under penalty of perjury and shall set forth and include the following:

1. The name, age, business address, residence and citizenship of the applicant, if a natural person; or if a corporation, its name, date and place of incorporation, address of its principal place of business and the names of its principal officers, together with their respective addresses; or if a partnership, association or unincorporated company, the names of the partners, or the persons compromising the association or company, with the place of business and residence of each such partner or person;

2. A description of each vehicle which the applicant proposes to use, giving the type of each vehicle, the name of the manufacturer thereof, the horsepower and the seating capacity thereof, according to its trade or factor rating;

3. A certificate of inspection by a state licensed garage or service station indicating that each vehicle's brakes and lights are in safe condition and good working order;

4. The street number and exact location of the public or private garage from which each such vehicle is to be operated;

5. A schedule of the rates of fare or uniform tariffs to be charged for carrying passengers. Rates shall not exceed the maximum amount set by resolution of the city council;

6. The applicant's experience in operating a taxicab business and the name, address and experience of the person to be in charge of the premises or business;

7. A financial statement of the applicant;

8. Whether or not any similar permit has been revoked, and if so, the circumstances of such revocation;

9. The color scheme, name, monogram or insignia which the applicant proposes to use. The color scheme, name, monogram or insignia to be used upon such taxicab shall not conflict with or imitate any color scheme, name, monogram or insignia used by another taxicab owner in such manner so as to be misleading, or tend to deceive or defraud the public, or that a color scheme, name, monogram or insignia has therefore been designated for the applicant; and

10. Such further information as the city manager or his designee may require.

(Ord. 2000-07, § 1.)

Upon receipt of any application for an owner's permit, the city manager or his designee shall forward the application to the chief of police. The chief of police shall conduct a criminal investigation of the applicant and, on the basis of such investigation, shall approve or deny the application. Upon approval of the application by the chief of police, the city manager or his designee shall issue an owner's permit if the applicant has complied with all of the terms and conditions of this chapter.

(Ord. 2000-07, § 1.)

An owner's permit issued pursuant to this chapter shall remain in effect, unless revoked, so long as there is a valid business license in effect for the business.

(Ord. 2000-07, § 1.)

(a) No owner shall operate any taxicab other than those listed on the owner's permit application. No owner shall operate any taxicab other than the one bearing the color scheme, name, monogram or insignia set forth in the application for the permit. No person shall change the color scheme, name, monogram or insignia without first having filed a written application with the city manager or his designee and having obtained the consent of the city.

(b) An owner shall annually submit to the city manager or his designee a certificate of inspection by a state licensed garage or service station indicating that each vehicle's brakes and lights are in safe condition and good working order.

(Ord. 2000-07, § 1.)

(a) If an owner wishes to operate vehicles other than those originally listed, inspected and approved with the original owner's application, the owner shall file an application therefor with the city manager or his designee who shall forward the same to the chief of police.

(b) The application shall be verified under oath and shall contain the same information as that required by section 25.5(2) and (3).

(Ord. 2000-07, § 1.)

(a) Any owner may lease or rent any vehicles licensed to operate as taxis under the provisions of this chapter, provided that any and all lease or rental agreements shall be made on lease or rent forms approved by the city.

(b) Lease of vehicles under this section shall in no way relieve any owner, lessor, or lessee from responsibility of full compliance with all the provisions of this chapter.

(c) All chapter provisions applicable to a taxi driver shall also apply to a lessee and any violation of such provisions by lessor shall be considered a violation by the owner and shall carry the penalty prescribed.

(d) All provisions applicable to a taxi driver shall also apply to a lessee and any violation of such provisions by lessee shall carry the prescribed penalty.

(e) Owners entering into lease arrangements shall notify the chief of police in writing and provide the following information:

1. The number of taxis operating under lease agreements;

2. The vehicle identification numbers;

3. The full name and home address of the lessee;

4. A photocopy of the lease or rental agreement as signed by both lessor and lessee;

5. Any other pertinent information.

(f) It shall be unlawful to lease or rent a vehicle to any person other than a licensed driver possessing all necessary permits as provided under this chapter.

(g) It shall be unlawful for a lessee to fail to maintain an accurate daily manifest as prescribed by this chapter. The lessee shall deliver such records to the lessor who shall be responsible for their retention as specified in this chapter.

(h) The maintenance of the vehicle as prescribe by this chapter shall be the responsibility of the lessor.

(i) A permittee who leases or rents taxis shall have such taxis painted with his or her identifying color scheme and/or insignia, and such taxis shall be fully insured as provided by section 25.11 of this chapter.

(Ord. 2000-07, § 1.)

(a) No owners's permit shall be issued or continued in operation unless there is full force and effect a policy of comprehensive general and automobile liability insurance in a form prescribe by the city manager or his designee, executed by an insurance company approved by the city manager or his designee with a Best's Key Rating of not less than "A VII," unless otherwise approved by the city manager or his designee, whereby the owner and driver of each of the vehicles operating pursuant to the permit as was as the holder of the permit as insured against liability for damage to property and for injury to or death of any persons as a result of the ownership, operation or other use thereof. The minimum liability limits shall be as established by resolution of the city council and shall be applicable to all owned, nonowned and hire vehicles.

(b) Such policies of insurance shall contain endorsements providing that the policy will not be canceled until notice in writing has been given to the city, addressed in care of the city manager or his designee, 400 Main Street, at least thirty days immediately prior to the time such cancellation becomes effective.

(c) Such policies of insurance shall name the city, its officers, agents and, agents, and employees as additional insureds.

(d) Holders of owner's permits, vehicle owners, and drivers shall indemnify, defend and hold harmless the city, its officers, agents, and employees, from any loss, liability, claim, injury, or damage arising or alleged to arise from the acts or omission of the holder of the owner's permits, vehicle owner, or driver in connection with the provision of transportation service pursuant to the owner's permits.

(Ord. 2000-07, § 1.)

(a) No driver shall operate or drive any taxicab unless the owner thereof has obtained a permit and license therefor as required under the provisions of this code, and such driver has obtained a driver's permit and both such permits are in full force and effect.

(b) The application for such driver's permit shall be made to the city manager or his designee and shall be made under penalty of perjury.

(c) The application shall set forth:

1. The name, age and address of the applicant;

2. The names and addresses of employers during the preceding period of three years;

3. The name and address of the owner by whom the applicant is, or will be, employed as a driver. Such owner shall endorse the application;

4. A statement that the applicant has not been convicted of reckless driving, driving under the influence or a hit and run offense in the past five years; and

5. Such additional information as the city manager or his designee may require. Additionally, the applicant shall provide to the city manager or his designee a copy of the applicant's valid state of California driver's license.

(d) An owner's permit shall not constitute a permit to drive a taxicab. Any owner who wishes to drive a taxicab must also obtain a driver's permit.

(Ord. 2000-07, § 1.)

(a) Upon receipt of an application for a driver's permit, the city manager or his designee shall forward the application to the chief of police. The chief of police shall conduct an investigation of the applicant and, on the basis of such investigation, shall approve or deny the application. Upon approval of the application by the chief of police, the city manager or his designee shall issue a driver's permit if the applicant has complied with all of the terms and conditions of this chapter. Every driver's permit shall set forth the name of the driver and the name of the owner by whom the driver is employed.

(b) Any conviction of any offense set forth in Chapter I of Title 9 of the Penal Code (Section 261 et seq.) relating to sexual crimes at any time, or upon any conviction in the last seven years of reckless driving, driving under the influence, or a hit and run offense shall be grounds for denial of a driver's permit.

(Ord. 2000-07, § 1.)

(a) A driver's permit issued pursuant to this chapter shall remain in effect unless suspended or revoked in accordance with subsection b of this section.

(b) The chief of police shall have the power to instruct the city manager or his designee to revoke or suspend any driver's permit issued under the provisions of this chapter in the event the holder thereof shall be found guilty of a violation or any of the provisions of this chapter or shall be found guilty of any crime set forth in section 25.12, which violation, in the sound discretion of the chief of police, shall be deemed sufficient evidence of the fact that such driver is not a competent person to operate the taxicab for which the driver's permit was issued. In the event of such revocation or suspension of a driver's permit, such certificate issued in connection therewith shall be forthwith surrendered to the city manager or his designee.

(Ord. 2000-07, § 1.)

All drivers employed by any given owner, while on duty, shall wear a distinctive badge bearing the driver's number. Badges shall be worn in a conspicuous place.

(Ord. 2000-07, § 1.)

Upon the termination of the employment of any driver, the owner for whom such driver has been working shall immediately give the city manager or his designee written notice of such termination. If the driver terminates his employment with one owner and takes employment with another owner, the driver shall submit such information to the city manager or his designee in writing along with the endorsement of the new owner. A driver's permit shall be valid only so long as the driver continues in the employ of an owner licensed and permitted to do business in the city. Upon the termination of such employment, the driver shall forthwith surrender the driver's permit to the city manager or his designee.

(Ord. 2000-07, § 1.)

(a) Each holder of an owner's permit shall maintain a mandatory controlled substance and alcohol testing certification program conforming to Part 40 of Title 49 of the Code of Federal Regulations for all drivers of vehicles operated under the certificate. Under the program and the requirements of this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent. The program shall contain requirements for rehabilitation and for return-to-duty and follow-up testing and other requirements conforming substantially to Part 382 of Title 49 of the Code of Federal Regulations.

(b) No owner's permit shall be issued or renewed unless the holder at the time of permit issuance or renewal files with the city a certification that the holder maintains a mandatory controlled substance and alcohol testing certification program conforming to Part 40 of Title 49 of the Code of Federal Regulations for all drivers of vehicles operated under the permit. The program shall contain requirements for rehabilitation and for return-to-duty and follow-up testing and other requirements conforming substantially to Part 382 of Title 49 of the Code of Federal Regulations.

(c) No owner's permit shall be issued or renewed unless the holder at the time of permit issuance or renewal files with the city a certification that, prior to employment with the holder of an owner's permit, each driver of vehicles operated under the permit has tested negatively for controlled substances under a mandatory controlled substance testing certification program, conforming to Part 40 of Title 49 of the Code of Federal Regulations.

(d) No owner's permit shall be issued or renewed unless the holder at the time of permit issuance or renewal shall file with the city a certification that each driver of vehicles operated under the permit has tested negatively for controlled substances and alcohol under a mandatory controlled substance and alcohol testing certification program conforming to Part 40 of Title 49 of the Code of Federal Regulations.

(e) No driver's permit shall be issued or renewed unless the applicant and the permit holder for which the driver is authorized to operate a vehicle both certify that the driver is in compliance with a mandatory controlled substance and alcohol testing certification program conforming to Part 40 of Title 49 of the Code of Federal Regulations.

(Ord. 2000-07, § 1.)

(a) The application for a stand permit shall be submitted to the city manager or his designee, who shall forward the same to the city engineer.

(b) The stand permit application shall specify the street number and exact location of the place where the owner proposes to place the stand.

(c) No such stand shall be wider than fourteen feet on streets where angled parking is permitted or wider than twenty-two feet on streets where parallel parking is permitted.

(d) The city engineer shall cause an investigation to be made of the proposed location. The engineer may grant the permit if the city engineer determines, in his sole discretion, that the location of the stand is such that it will not congest or interfere with travel on or the use of any public street, including necessary parking, and is not prohibited by an ordinance of the city. In making such determination, the city engineer may take into account input from property owners in the vicinity of the proposed location. The decision of the city engineer to grant or deny the permit shall be final.

(e) Upon the granting of the stand permit, the permittee shall mark the stand as designated.

(Ord. 2000-07, § 1.)

Any one stand that is granted to any owner may be used jointly by two or more owners holding taxicab owners' permits under this chapter by the mutual consent of such owners. Such consent must first be reduced to writing, properly signed and filed with the city engineer.

(Ord. 2000-07, § 1.)

No stand location shall be changed without the prior written approval of the city engineer. An application shall be filed with the city engineer setting forth the proposed new location. An accompanying application fee shall be paid in an amount determined by ordinance of the city council.

(Ord. 2000-07, § 1.)

(a) When an owner's permit or driver's permit is granted under the provisions of this chapter, the city manager or his designee shall issue to the grantee thereof a certificate giving the name and address of such permittee, the nature of the permit granted and the date when the same was granted.

(b) When a stand permit is granted under the provisions of this chapter, the city engineer shall issue to the grantee thereof a certificate designating the exact location of the stand on which the taxicab may park.

(Ord. 2000-07, § 1.)

(a) Action of city manager or his designee. In the event that the city manager or his designee determines that a permittee under this chapter is conducting operations in a manner which is contrary to the provisions of this Code, in a manner which constitutes a public nuisance, in a manner which is detrimental to the public peace, health, safety or welfare of the city or its inhabitants, or in the event that the city manager or his designee determines that a permittee supplied false information on the permit application, the city manager or his designee shall give notice to such permittee of the violations(s) involved and set forth a period of time allowed for the correction of the violations(s) by the permittee if correction is possible. If the city manager or his designee finds that the violation(s) continue without correction, or if correction is not possible, then the city manager or his designee shall issue an order of revocation.

(b) Orders of revocation. An order of revocation issued by the city manager or his designee shall contain a statement of the violation(s) which constitute the basis for the order of revocation. The city manager or his designee shall serve the order of revocation on the permittee, as well as any other interested person requesting a copy of the same. The order of revocation issued by the city manager or his designee shall be final and conclusive in the absence of a timely appeal taken in the time and manner set forth in section 25.23.

(Ord. 2000-07, § 1.)

(a) Appeals from a decision of the city manager or his designee to deny, revoke or refuse to renew a permit issued pursuant to this article shall be in writing and shall be filed with the city clerk not later than fifteen consecutive calendar days following the giving of notice of the decision by the city manager or his designee.

(b) Council action.

1. Upon receipt of a timely filed appeal, the city clerk shall set the matter for hearing at the next most convenient city council meeting.

2. The city clerk shall give not less than five days written notice to the appellant, and any other person requesting the same, of the time and place of such public hearing.

3. At the time of such hearing, the city council shall review the records and files of the city manager or his designee relating to the decision. In addition, the city council shall permit any interested person, including the city manager or his designee and the appellant, to present any relevant evidence bearing on the issues involved in the matter. In conducting the hearing, the city council shall observe the substance of the rules of evidence applicable in judicial proceedings in this state. However, the city council shall accept in evidence all reasonably reliable evidentiary material.

4. Based upon the evidence presented at the hearing, the city council shall determine whether the decision by the city manager or his designee should be affirmed, modified or reversed.

5. The decision, including the findings of the city council, shall be communicated in writing within five working days after the decision is rendered and shall state the reasons for the decision.

6. The determination of the city council shall be final and conclusive. An action may be filed with the Superior Court of the state pursuant to Section 1094.5 of the Code of Civil Procedure. Such action in the Superior Court shall be filed within ninety days following the city council's notice pursuant to Code of Civil Procedure Section 1094.6. The written notice provided in accordance with subsection (b)(5) of this section shall contain the provision of this subsection.

(Ord. 2000-07, § 1.)

(a) The city council shall by resolution set the maximum amount of tariffs or fares to be charged.

(b) No operator or driver shall impose a charge, for the use of such taxicab other than that specified in the tariff or schedule of fares on file with the city clerk.

(c) An owner may file a written application with the city clerk requesting an increase in the maximum tariffs or rates. The application shalt contain the applicant's reasons and justification for the increase.

(Ord. 2000-07, § 1.)

Every taxicab shall display at all times in a conspicuous place of the passenger compartment a sign stating in clearly legible character the rates of fare or tariff charged for carrying passengers, the owner's name or the fictitious name under which the owner operates, the business address and telephone number of such owner and the business license number furnished by the city manager or his designee.

(Ord. 2000-07, § 1.)

No driver of any taxicab, upon receiving full payment for a fare, shall refuse to give a receipt upon the request of any passenger making such payment.

(Ord. 2000-07, § 1.)

No passenger shall refuse to pay the legal fare of any taxicab after having hired the same, nor shall any passenger hire any such taxicab with the intent to defraud the person from whom it is hired.

(Ord. 2000-07, § 1.)

Every driver of a taxicab who is engaged in carrying passengers shall take the most direct route available, unless otherwise directed by the passengers.

(Ord. 2000-07, § 1.)

The services of a taxicab operating pursuant to any permit granted under the provisions of this chapter shall be available only upon telephone call, engagement of the taxicab when parked at a regular stand or when hailed from the street, sidewalk or curb, but not otherwise. No taxicab driver, owner or agent shall solicit passengers.

(Ord. 2000-07, § 1.)

When a taxicab for hire is engaged, the occupants shall have the exclusive right to the full and complete use of passenger compartment, and no owner or driver of such taxicab shall solicit or carry additional passengers therein.

(Ord. 2000-07, § 1.)

No owner or driver shall operate, or cause to be operated, any taxicab while the same or any of the equipment used thereon or therewith shall be in defective, unsafe or unsanitary condition. Every taxicab shall at all time be subject to the inspection of any police officer of the city. A vehicle may be ordered out of service where such inspection discloses an unlawful or unsafe condition.

(Ord. 2000-07, § 1.)