Calaveras County Municipal Code Ch. 5.06 Taxicabs

As used in this chapter:

"Taxicab" means and includes any motorized vehicle equipped with a taximeter and used to carry not more than eight passengers for hire within the county but not operating on a fixed route.

"Taximeter" means any instrument or device of the type, style and design approved by the State Sealer of Weights and Measures, attached to a vehicle and designed to measure the distance traveled by the vehicle, record the time the vehicle is in waiting, and indicate upon such record by figures or designs the fare to be charged in dollars and cents.

(Ord. 2561 § 1(part), 1998).

It is unlawful to engage in the business of operating a taxicab in the county without first securing a license therefor.

(Ord. 2561 § 1(part), 1998).

Application for an operator's business license shall be made in writing to the sheriff, and shall provide:

A. The name and address of the applicant, and if a corporation, the names of the principal officers, or if a partnership, association or fictitious company, the names of the partners or persons comprising the association or company with the address of each;

B. The intended place for the conduct of the financial affairs and service of the taxicabs in the business;

C. A description of each taxicab which the applicant proposes to use giving:

1. Trade name;

2. Make and model;

3. Year;

4. Motor and serial number;

5. Seating capacity;

6. Distinctive color scheme, name, monogram, insignia which shall be used on each taxicab;

7. The serial number of the taximeter attached to each taxicab; and

8. Such other information required by the sheriff which is reasonably related to the operation of a taxicab business.

D. A certificate of insurance establishing compliance with Section 5.06.220 of this chapter.

Every applicant, including principal officers and partners, shall be photographed and fingerprinted by the sheriff, who shall notify the applicant of the time and place for the taking of photographs and fingerprints after receipt of an application. Every applicant who intends to obtain a driver's permit under this chapter must satisfy all requirements of this chapter.

(Ord. 2561 § 1(part), 1998).

The sheriff may deny an application for an operator's license when:

A. The application is not in the form and does not contain the information required; or

B. The taxicab or taxicabs described are inadequate or unsafe for the purpose for which they are to be used; or

C. The color scheme, name, monogram or insignia identifying such taxicab or taxicabs conflicts with or imitates any color scheme, name, monogram or insignia used by any person in such manner as to be misleading or tend to deceive or defraud the public; or

D. The applicant presently is under suspension or has, at some prior time, had an operator's business license revoked for cause; or

E. The applicant has been convicted of a felony or misdemeanor on charges of fraud, embezzlement, or such other offense constituting a dishonest business practice; nor shall such license be issued to or be held by any corporation if any officer thereof would be ineligible for a license under the foregoing conditions of this section.

F. The applicant who intends to obtain a driver's permit under this chapter or applicant's employee or prospective employee fails to satisfy any requirement of this chapter.

(Ord. 2561 § 1(part), 1998).

A. The annual flat fee, payable in advance, for an operator's business license shall be eighty-two dollars plus ten dollars for each taxicab operated, with an annual renewal fee of forty dollars, provided that these amounts are subject to change by resolution of the board of supervisors. Whenever a licensee increases the number of taxicabs operated during the license year, the licensee shall notify the sheriff of such change and shall pay the additional fee. The license year shall begin July 1st of each year. The above-referenced charges shall be in addition to any charges required by the state of California for substance abuse or alcohol testing, covered in Sections 5.06.120, et seq., of this chapter.

B. The sheriff shall issue a registration tag or sticker bearing a registration number for each taxicab covered by each license. Each tag or sticker shall be of a color not used in the preceding license year. Such tag or sticker shall be displayed in a prominent place on each taxicab while it is in use, but may not be transferred to any other taxicab put into service to replace one permanently withdrawn from service.

C. The licensee shall notify the sheriff of the motor number and state license number of each cab operated and of the corresponding county tag or sticker number.

(Ord. 2561 § 1(part), 1998).

No operator's business license issued under the terms of this chapter shall be transferable, either by contract or operation of law, without the permission of the sheriff having first been obtained. Any attempted transfer without such permission shall be null and void, and shall be sufficient cause for revocation. No transfer shall be approved if the transferee does not qualify for a license under this chapter.

(Ord. 2561 § 1(part), 1998).

The sheriff shall make the initial determination as to whether revocation or nonrenewal of an operator's business license is appropriate.

(Ord. 2561 § 1(part), 1998).

The licensee shall be given a written statement of the initial determination of the sheriff to revoke or not to renew the operator's business license, including supporting facts and reasons therefor, and the licensee thereafter shall have ten days either to respond orally or in writing to the sheriff before such determination, if not earlier withdrawn or modified, becomes effective.

(Ord. 2561 § 1(part), 1998).

A. Within thirty days after notice has been given to the licensee by personal delivery or within thirty-five days after notice has been given to the licensee by certified mail, the licensee may make a written request to the clerk of the board of supervisors for a hearing before the board of supervisors. After at least five days' notice to the licensee of the date and time of the hearing, a hearing shall be held at which the licensee may present evidence and dispute the validity of any charge made by the county.

B. Failure of the licensee to make a written request for a hearing within the prescribed time limit shall mean that the initial determination made by the sheriff remains in full force and effect and is final.

(Ord. 2561 § 1(part), 1998).

Revocation or nonrenewal of an operator's business license by the sheriff or the board of supervisors must be supported by substantial evidence which establishes one or more of the following grounds:

A. The licensee knowingly gave a false answer or knowingly omitted an answer material to his application for an operator's business license.

B. The taxicab or taxicabs operated by the licensee are inadequate or unsafe for the purposes for which they are to be used.

C. The licensee wilfully permitted a driver who is not qualified, as defined in this chapter, or who has failed to satisfy any requirement of this chapter to drive a taxicab.

D. The licensee knowingly made false representations for the purpose of securing patronage.

E. Since the date of issuance of his operator's business license, the licensee has been convicted of a misdemeanor or felony on charges of fraud, embezzlement or other dishonest business practice.

F. The licensee has failed to pay the fees required under this chapter.

G. The licensee has permitted operation of one or more taxicabs having taximeters not in compliance with this chapter.

H. The licensee has failed to satisfy any requirement of this chapter.

I. The licensee has failed to notify the sheriff that an employed permitted driver has been terminated from employment.

(Ord. 2561 § 1(part), 1998).

It is unlawful for any driver to drive a taxicab in the county unless such driver is validly licensed by the state and as required by this chapter.

(Ord. 2561 § 1(part), 1998).

Application for a driver's permit shall be made in writing to the sheriff upon verification by the applicant and shall set forth the following:

A. The name, address, description of applicant, and proof that the applicant is at least twenty-one years of age;

B. The name of the applicant's employer or proposed employer in the taxicab business;

C. A photograph of the applicant taken within sixty days immediately prior to the date of filing such application, which picture shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner;

D. A statement of any physical or mental infirmity, disease, or condition which may affect or impair the applicant's ability to drive a taxicab;

E. A statement of any felony conviction which by its nature would expose taxi customers to an increased risk of harm, including but not limited to, assault, theft, fraud or a sex offense;

F. A statement of any misdemeanor conviction involving an incident arising from or related to his or her operation of a taxicab;

G. A statement of any misdemeanor conviction for driving a vehicle under the influence of alcohol or narcotics;

H. Such other information required by the sheriff which is reasonably related to the safe, efficient, or honest operation of a taxicab by the driver.

Every applicant shall be fingerprinted by the sheriff, who shall notify the applicant of the time and place for the taking of fingerprints after receipt of an application. Every applicant must be tested for controlled substances as required by Government Code Section 53075.5(b). The sheriff shall notify the applicant of the time and place for testing after receipt of an application.

(Ord. 2561 § 1(part), 1998).

The sheriff may deny an application for a driver's permit when:

A. The application is not in the form and does not contain the information required by this chapter; or

B. The applicant has a physical or mental infirmity, disease, or condition which materially affects the applicant's ability to drive a taxicab; or

C. Within three years immediately prior to application for a driver's permit, the applicant has been convicted of a felony which by its nature would expose taxi customers to an increased risk of harm or financial loss, including, but not limited to, assault, theft, fraud or a sex offense; or

D. Within three years immediately prior to application for a driver's permit, the applicant has been convicted of two or more misdemeanors involving driving a vehicle while under the influence of alcohol or narcotics; or

E. Within three years immediately prior to application for a driver's permit, the applicant has been convicted of a misdemeanor directly related to his operation of a taxicab which subjected a taxi customer or bystander to physical violence by the applicant by assault, or the like, or which subjected a taxi customer or prospective taxi customer to fraudulent misrepresentations by the taxi driver; or

F. The applicant has knowingly given a false answer or knowingly omitted an answer material to his application for a driver's permit; or

G. The applicant's driving privileges are presently suspended or have, at some prior time, been suspended or revoked for any reason.

H. The applicant has tested positive for controlled substances under Government Code Section 53075.5(b).

I. An applicant who initially was permitted but later tested positive for controlled substances or alcohol has not completed appropriate rehabilitation and successful re-testing for controlled substances or alcohol.

(Ord. 2561 § 1(part), 1998).

The flat fee for a driver's permit valid for a period of one year, beginning July 1st of each year and ending June 30th of each following year, shall be forty-seven dollars, reflecting the actual costs of processing fingerprints and making a check of the applicant's criminal record. The annual fee for renewal of the driver's permit shall be fifteen dollars. The annual fee is subject to change by resolution of the board of supervisors.

(Ord. 2561 § 1(part), 1998).

The sheriff shall make the initial determination as to whether suspension, revocation or nonrenewal of a driver's permit is appropriate. A condition of renewal is testing negative for controlled substances and alcohol under Government Code Section 53075.5(b). The sheriff shall notify each permittee seeking renewal of the time and place for testing after receipt of the fee for renewal. A permittee, upon renewal, who tests positive for controlled substances or alcohol should not re-apply for a permit under this chapter until completion of appropriate rehabilitation and successful re-testing for controlled substances or alcohol. A permittee terminated from employment by an employer-operator results in voiding of the driver's permit under Government Code Section 53075.5(b). A permittee terminated from employment must return the driver's permit to the sheriff.

(Ord. 2561 § 1(part), 1998).

The permittee shall be given a written statement of the initial determination of the sheriff to suspend, revoke or not to renew the driver's permit, including supporting facts and reasons therefor. The permittee shall have ten days either to respond orally or in writing to the sheriff before such determination becomes effective.

(Ord. 2561 § 1(part), 1998).

A. Within thirty days after notice has been given to the permittee by personal delivery or within thirty-five days after notice has been given to the permittee by certified mail, the permittee may make a written request to the clerk of the board of supervisors for a hearing before the board of supervisors. After at least five days' notice to the permittee of the date and time of the hearing, a hearing shall be held at which the permittee may present evidence and dispute the validity of any charge sustained by the sheriff.

B. Failure of the permittee to make a written request for a hearing within the prescribed time limit shall mean that the initial determination made by the sheriff remains in full force and effect and is final.

(Ord. 2561 § 1(part), 1998).

Suspension, revocation or nonrenewal of a driver's permit by the sheriff must be supported by substantial evidence which establishes one or more of the following grounds:

A. Grounds for Revocation or Refusal to Renew.

1. The permittee knowingly gave a false answer or knowingly omitted an answer material to his or her application for a driver's permit.

2. The permittee has a physical or mental infirmity, disease or condition which materially affects the permittee's ability to drive a taxicab.

3. The permittee has been convicted of a felony, which by its nature would expose taxi customers to an increased risk of harm or financial loss, including, but not limited to, assault, theft, fraud or a sex offense.

4. The permittee has been convicted of a misdemeanor involving driving a vehicle while under the influence of alcohol or narcotics.

5. The permittee has been convicted of a misdemeanor directly related to his or her operation of a taxicab which subjected a taxi customer or bystander to physical violence by the permittee by assault, or the like, or which subjected a taxi customer or prospective taxi customer to fraudulent misrepresentations by the permittee or the like.

6. The permittee's driving privileges have been suspended or revoked for any reason.

7. The permittee has failed to pay the fees required under this chapter.

8. The permittee has tested positive for controlled substances or alcohol.

9. The permittee has been terminated from employment by an employer-operator.

B. Grounds for Suspension.

1. A permittee convicted of two or more moving violations within a period of six months shall have his or her driver's permit suspended for fourteen calendar days.

2. A permittee convicted three times of moving violations within a period of six months shall have his or her driver's permit suspended for thirty calendar days.

3. The permit of a driver who has committed acts or omissions sufficient to establish grounds for revocation may be suspended for up to six months as an alternative to revocation.

(Ord. 2561 § 1(part), 1998).

A. No unsafe taxicab shall be operated in the county. A taxicab shall be deemed to be "unsafe" if it or any equipment thereon is in violation of any applicable provision of the California Vehicle Code or any administrative regulation pertaining to safety issued by the sheriff. All taxicabs shall carry chains or be equipped with tires safe for travel on ice or snow.

B. Each taxicab shall be inspected not less frequently than each twelve months by the sheriff or designated agent for purposes of safety and for issuance of registration tags or stickers under Section 5.06.050 of this chapter. If the sheriff finds that the taxicab is safe, a certificate executed by the sheriff shall be issued certifying the date of inspection and the finding. The certificate shall be maintained within the taxicab and available for inspection upon request at any time.

(Ord. 2561 § 1(part), 1998).

There shall be displayed in the passenger compartment of each taxicab in full view of the passenger a card not less than four inches by six inches in size which shall have plainly printed thereon the name of the owner or the fictitious name under which said owner operates, the business address and telephone number of said owner, and a correct schedule of the rates to be charged for conveyance in said vehicle.

(Ord. 2561 § 1(part), 1998).

No owner or driver of any taxicab shall fix or charge or collect or receive a rate in excess of rates established and set from time to time by resolution of the board of supervisors. Taximeters utilized in a taxicab shall, at any time, be subject to inspection and testing by the Calaveras County director of weights and measures, or designated agent, to certify accuracy.

(Ord. 2561 § 1(part), 1998).

Every operator shall file with the sheriff a public liability insurance policy issued by a solvent corporation holding a certificate of authority to do insurance business in the state, which policy shall conform in all respects to the requirements of this section and meet the approval of the county counsel. In lieu of filing the insurance policy herein referred to, a certificate of insurance issued by an insurance corporation meeting the approval of the county counsel may be filed. The certificate must show that a policy meeting the requirements of this section has been issued and shall set forth the expiration date of such policy. The liability policy required under this section shall insure against loss from the liability imposed by law for injury to or death of any person or damage to any property caused by the operation of any vehicle operated under the provisions hereof in the following amounts:

A. One hundred thousand dollars for death or injury to any one person in any one accident or occurrence;

B. Three hundred thousand dollars for death or injury to any two or more persons in any one accident or occurrence;

C. One hundred thousand dollars for damage to property of others.

The policy of insurance so provided shall contain a provision that such policy may not be canceled or reduced in amount except after thirty days' notice in writing to be given to the sheriff.

(Ord. 2561 § 1(part), 1998).