Article V

This chapter shall be implemented by the chief of police. The chief shall adopt implementation guidelines.

By providing for the regulation of taxicabs under this chapter, the city is only protecting the general welfare. It is not assuming, nor is it imposing on the city, or its officers or employees, an obligation for which there may be liability and money damages to any person. (Ord. 913 § 1, 2013)

An applicant or permittee may request a hearing within ten calendar days of a denial or revocation as applicable, in writing to the department's patrol division captain. The department's patrol division captain or designee shall hold a hearing within ten calendar days, after giving at least five days' written notice of the time and place of the hearing to the permittee. In the case of a revocation, the permit is temporarily suspended during the time until the hearing date.

A decision of the department's patrol division captain, or designee, under this chapter may be appealed to the city manager. The person filing an appeal to the city manager shall do so in writing, within ten days after the decision being appealed, shall state specifically the grounds for the appeal, and pay a fee, set by city council resolution, for the processing of the appeal. If the city manager or designee rules in favor of the appellant, then the city will refund the appeal fee.

The city manager or designee, who may be a city hearing officer, shall hear the appeal within ten working days, after giving the permittee at least five days' written notice of the time and place of the hearing. The decision of the city manager or designee is final. (Ord. 913 § 1, 2013)

• A. Permit Suspension. The chief of police may suspend an owner's permit or driver's permit for any violation of this chapter, after twenty-four hours' written notice to the owner or driver stating the reasons. It is unlawful for the permittee to exercise any of the rights granted under this chapter during the time that the permit is suspended. The suspension shall be lifted upon a showing that the violation has been corrected.

If no showing of correction has been made within fourteen business days, the city may issue a notice of revocation and proceed as set forth in subsection B.

• B. Revocation. The chief of police may revoke an owner or driver's permit issued under this chapter for any of the following reasons:

  1. The existence of any fact which, at the time of application, would have caused the chief of police to deny the application under Section 5.60.050(C) (Owner's permit requirement) or 5.60.100(C) (Driver's permit);

  2. A violation of law relating to the operation of a motor vehicle including, but not limited to, speeding, reckless driving, or driving under the influence of alcohol or a controlled substance;

  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;

  5. Failure to maintain insurance, permits or business license 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, the inspection required for the issuance of a vehicle permit;

7. A violation of this chapter or the terms of the permit.

(Ord. 913 § 1, 2013)

• A. General. It is unlawful for any person to violate a provision or to fail to comply with a requirement of this chapter. The city may enforce this chapter by any lawful means, including suspension or revocation of a permit, and any remedy set forth in BMC Section 1.16.010. (See also Public Utilities Code Section 5412.2.)

• B. Misdemeanor. A violation of this chapter or the terms of a permit is a misdemeanor, punishable by a fine and up to six months in jail. (Government Code Section 36900, Penal Code Section 19.) Each day during which a violation occurs is a separate offense.

• C. Statutory Fine. If after a hearing, the city determines that any person or corporation is or has operated as a taxicab transportation service without a valid certificate, license, or permit, or has failed to comply with the requirements of this chapter with regard to any written or oral advertisement, that person or corporation shall be subject to a fine of up to five thousand dollars for each violation. In addition, the city shall assess the person or corporation an amount sufficient to cover the reasonable expense of investigation incurred by the city. (Government Code Section53075.9.)

• D. Impoundment. A city police officer may impound a vehicle used in violation of this chapter, following the procedures set forth in Government Code Section53075.61. Any city police officer is considered a transportation inspector under this chapter, within the meaning of Government Code Section53075.61. (See also Vehicle Code Section 21100.4.)

• E. Termination of Telephone Service. The city may take enforcement action to disconnect the telephone service of unauthorized taxicab operators who advertise passenger transportation services, following the procedures set forth in Government Code Section 53075.8.

• (Ord. 913 § 1, 2013; Ord. 1065, 12/12/2023)