Camarillo Municipal Code Ch. 5.36 Taxicab Permits

Footnotes:

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Editor's note— Ord. No. 1160, § 3(Exh. A), adopted Jan. 9, 2019, repealed the former Ch. 5.36, §§ 5.36.005—5.36.270, and enacted a new Ch. 5.36 as set out herein. The former Ch. 5.36.270 pertained to similar subject matter and derived from Ord. 802 § 1 (part), 1994.

The permit requirements of this chapter apply to:

A. Taxicab companies that are substantially located within the city.

B. Taxicab drivers of a taxicab company that is subject to the permit requirement under Subsection A above.

(Ord. No. 1160, § 3(Exh. A), 1-9-2019)

For the purposes of this chapter, the following words and phrases are as defined in this section:

"Certificate of inspection" means a city provided form signed by an authorized agent of an automotive repair establishment that is certified by the National Institute for Automotive Service Excellence or a facility registered with the Bureau of Automotive Repair, dated no more than thirty days before the date the application is submitted to the director and which indicates whether a certain vehicle has met the criteria set forth on the form. Items to be inspected may include condition of exterior, interior and mechanical functions.

"Controlled substance and alcohol certificate" means a city provided form signed by the employing taxicab company that attests that each taxicab driver has tested negative for each of the controlled substances specified in Part 40 of Title 49 of the Code of Federal Regulations, before employment and as a condition of permit renewal; in the case of self-employed independent drivers, it means that such test results are directly reported to the police chief.

"County" means the county of Ventura.

"Drive a taxicab" means to drive a taxicab that picks up passengers within the city but does not include driving a taxicab that only discharges passengers picked up outside the city or that travels through the city without picking up or discharging passengers, provided the taxicab company's principal place of business is not within the city.

"Police chief" means the chief of police of the city, or the police chief's designee.

"Prearranged trip" means a trip using an online enabled application, dispatch, or Internet website.

"Substantially located" means a taxicab company that meets either of the following criteria: (1) the primary business address is located within the city; or (2) the total number of prearranged and nonprearranged trips that originate in the city account for the largest share of the taxicab company's total number of trips within the county over the past calendar year as determined annually.

"Taxicab" means every motor vehicle: (1) designed for carrying not more than eight persons, excluding the driver; (2) of a distinct color or commercial appearance used in the business of carrying passengers for hire; and (3) which is hired by the passenger and the destination and route of which are under the control of the passenger being carried. This definition excludes vehicles subject to regulation by the California Public Utilities Commission.

"Taxicab company" means a person or entity that employs a taxicab driver to drive a taxicab, whether as an independent contractor or as an employee. A taxicab company includes a taxicab driver if a taxicab company consists of only one driver.

"Taxicab driver" means every person that drives a taxicab, whether as an employee, an independent contractor, or a self-employed person.

"Trip data documentation" means documentation as determined by the director that substantiates that the total number of prearranged and nonprearranged trips that originate within the city account for the largest share of the taxicab company's total number of trips in the county over the previous calendar year.

(Ord. No. 1160, § 3(Exh. A), 1-9-2019)

Every taxicab company substantially located within the city must obtain a business tax certificate and pay the applicable tax under Chapter 5.04. The city will not issue a business tax certificate until the required permits have been obtained under this chapter.

(Ord. No. 1160, § 3(Exh. A), 1-9-2019)

A. A taxicab company that is substantially located in the city must obtain a taxicab company permit issued pursuant to this chapter.

B. A taxicab driver for a taxicab company that is substantially located in the city must obtain a taxicab driver permit issued pursuant to this chapter.

C. A taxicab company must notify the city no less than six months prior to changing its substantial location from another jurisdiction to the city in accordance with Government Code section 53075.52.

(Ord. No. 1160, § 3(Exh. A), 1-9-2019)

A. A taxicab company desiring to obtain a permit must submit a permit application to the director.

B. The application must be under penalty of perjury and must include all of 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, with their respective addresses; or if a partnership, association or unincorporated company, the names of the partners, or the persons comprising the association or company, with the place of business and residence of each partner or person.

2. The make, type, vehicle identification number and license number of each taxicab owned or leased by the taxicab company to be used in the city.

3. A certificate of inspection for each taxicab to be used in the city.

4. The street number and exact location from which each vehicle is to be operated.

5. A schedule of the rates of fares to be charged for carrying passengers. Rates may not exceed the maximum amount, if any, set by resolution of the city council.

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

7. Whether or not the applicant has had any similar permit revoked, and if so, the circumstances of the revocation.

8. The color scheme, name, monogram or insignia which the applicant proposes to use. The color scheme, name, monogram or insignia to be used upon the taxicab may not conflict with or imitate any color scheme, name, monogram or insignia used by another taxicab company in a manner so as to be misleading, or tend to deceive or defraud the public.

9. Trip data documentation. For a taxicab company receiving a permit in 2019 or a new taxicab company thereafter, a primary business address in the city will initially satisfy the trip data documentation requirement. A taxicab company must begin collection of trip data during its first year of operation.

10. A valid Department of Motor Vehicles registration for each taxicab to be used in the city showing that each vehicle is registered as a commercial vehicle.

11. A controlled substance and alcohol certificate for each taxicab driver; however, in the case of a self-employed, independent driver, the test results will be reported directly to the police chief.

12. Proof of insurance as required by Section 5.36.120.H.

13. Such further information as the director or police chief may require.

14. The permit fee in an amount set by resolution of the city council.

(Ord. No. 1160, § 3(Exh. A), 1-9-2019)

Upon receipt of any application for a taxicab company permit, the director will forward the application to the police chief. The police chief will investigate and advise the director whether a taxicab company permit may be issued if the police chief finds that the applicant has complied with all the terms and conditions of this chapter. If the police chief or director finds that all applicable requirements have not been satisfied, then the permit may be denied.

(Ord. No. 1160, § 3(Exh. A), 1-9-2019)

A. A taxicab company permit issued pursuant to this chapter remains in effect for one calendar year, unless revoked or renewed.

B. A taxicab company permit may not be transferred.

(Ord. No. 1160, § 3(Exh. A), 1-9-2019)

A. No taxicab driver may operate or drive any taxicab unless the taxicab company has obtained a taxicab company permit and business tax certificate as required under this code, the driver has obtained a taxicab driver permit, and both the taxicab company permit and driver permit are in full force and effect. A taxicab company permit does not constitute a permit to drive a taxicab. Any person who wishes to drive a taxicab must also obtain a taxicab driver permit.

B. The application must be made under penalty of perjury and must include all of the following:

1. A letter from a prospective taxicab company employer substantially located in the city offering employment to the applicant as a taxicab driver, whether as an independent contractor or as an employee; a letter from a taxicab company stating that the applicant is employed as a taxicab driver, whether as an independent contractor or as an employee; or a written statement from the applicant that he/she seeks to be a self-employed taxicab driver substantially located in the city, not employed by another person, whether as an independent contractor or as an employee.

2. Proof of compliance with the requirements of the city's mandatory controlled substance and alcohol certification program.

3. The name, age, and address of the applicant.

4. The names and addresses of the applicant's employers during the preceding three years.

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

6. Proof that the applicant holds a valid Class C or Class 3 driver's license, a copy of which will be made by the city.

7. Two photographs of the applicant at least two inches by two inches taken within four months preceding the date of the application.

8. The business license or permit history of the applicant, including whether such applicant has ever had any license or permit issued by any agency or board, city, county or state revoked or suspended, or has had any professional or vocational license or permit revoked or suspended and the reason(s) for the revocation(s).

9. All criminal arrests and statement of the dates, places, and disposition of any convictions from such arrests.

10. Completed, city provided live scan request form signed by live scan operator.

11. Such additional information as the director or police chief may require.

12. The permit fee in an amount set by resolution of the city council.

(Ord. No. 1160, § 3(Exh. A), 1-9-2019)

A. Every taxicab driver permit applicant must pass, with negative results, a controlled substance and alcohol test, in accordance with Government Code section 53075.5(b)(3), as may be amended from time to time. The results from a controlled substance and alcohol test for an applicant that is a self-employed independent driver must be reported directly to the police chief and made part of the application, and the police chief will notify the taxicab company of record of any positive results. All other results must be reported directly to the employing taxicab company, who must immediately notify the police chief of positive results. As used in this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.

B. Testing procedures must be substantially as in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, except that the driver must show a valid California driver's license at the time and place of testing, and except as provided otherwise in Government Code section 53075.5(b)(3).

C. The controlled substance and alcohol test may be taken no more than thirty days before the date the application is filed for a new permit. As long as any taxicab driver permit is used or in effect, such tests must be retaken at least once a year.

D. If any taxicab driver permit holder or applicant has taken a controlled substance or alcohol test with positive results, the owner must immediately report such results to the director.

E. The taxicab company or self-employed independent driver will be responsible for all costs of the tests.

F. The test results are confidential and will not be released without the consent of the tested driver or applicant, except as authorized by state or federal law, or required by a court order.

G. No evidence derived from a positive test result under this section will be admissible in a criminal prosecution concerning unlawful possession, sale, or distribution of controlled substances.

H. The city will provide the applicant with a list of testing providers certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations that are in or near the city and known to the city.

(Ord. No. 1160, § 3(Exh. A), 1-9-2019)

After reviewing the taxicab driver permit application, the director will forward the application to the police chief. The police chief will investigate, conduct a state and local background check, and inform the director that a driver permit may be granted if the police chief finds that the applicant has complied with all the applicable terms and conditions of this chapter. If the police chief or director finds that any of the applicable terms and conditions of this chapter have not been satisfied by the applicant, the application may be denied.

(Ord. No. 1160, § 3(Exh. A), 1-9-2019)

A. The director will give written notice to the applicant for a taxicab driver permit or a taxicab company permit that the application is granted or denied. If the application is denied, the director will include in such notice a statement of the grounds on which the application is denied.

B. A taxicab driver permit will include the name of the permittee, a photograph of the permittee, the name of the employer, a statement that the permit is subject to the conditions imposed by Section 5.36.130 and the requirement that the permittee return the permit to the director upon termination of the permittee's employment.

C. A taxicab company permit will include the name of the permittee and a statement that the permit is subject to the conditions imposed by Section 5.36.120.

(Ord. No. 1160, § 3(Exh. A), 1-9-2019)

Every person or entity issued a taxicab company permit must comply with the following conditions:

A. Display on the exterior of each taxicab the name or trademark of the person under whose authority the taxicab is being operated or the name of the lessor or lessee of the vehicle.

B. Display on the left hand, bottom corner of the rear window, the city-issued decal for the current calendar year.

C. Display on both exterior sides, exterior front, and exterior rear of each vehicle the company assigned taxicab number.

D. Display on both exterior sides and exterior rear of each taxicab the dispatch phone number of the taxicab company.

E. Permanently affix to each vehicle a top light to identify the vehicle as a taxicab.

F. Display in the interior of each taxicab the sign required by California Vehicle Code section 27908.

G. Adhere to the conditions set forth below in regard to registration of taxicab service fares, fees and rates:

1. The taxicab company may set fares or charge a flat rate. The taxicab company may use any type of device or technology approved by the division of measurement standards to calculate fares, including the use of global positioning system metering, provided that the device or technology complies with Section 12500.5 of the Business and Professions Code and with all regulations established pursuant to Section 12107 of the Business and Professions Code. If fares are calculated by meter, the meter must be sealed, visible to passengers at all times, and currently registered and inspected by a county of Ventura Weights and Measures official.

2. The taxicab company must disclose fares, fees, or rates to the customer. A taxicab company may satisfy this requirement by disclosing fares, fees, or rates on its Internet website, mobile telephone application, or telephone orders upon request by the customer.

3. The taxicab company must notify the passenger of the applicable rate prior to the passenger accepting the ride for walkup rides and street hails. The rate may be provided on the exterior of the vehicle, within an application of a mobile telephone, device, or other Internet-connected device, or be clearly visible in either print or electronic form inside the taxicab.

4. A taxicab company may not prejudice, disadvantage, or require different rates or provide different service to a person because of race, national origin, religion, color, ancestry, physical disability, medical condition, occupation, marital status or change in marital status, sex, or any characteristic listed or defined in Section 11135 of the Government Code.

5. Collect from taxicab passengers only the amounts disclosed to the customer, plus any tip that the passenger offers.

6. Give a receipt to any passenger after the driver has received full payment for a fare.

7. Notify the director of any changes in rates or fares prior to such change taking effect.

H. Obtain for each taxicab and keep in force during the term of the permit, public liability and bodily injury insurance, issued by a California admitted insurance carrier or an insurance carrier with an A.M. Best rating of A-VII or better. The insurance policy shall be endorsed to state that coverage may not be suspended, voided, canceled or reduced in coverage or limits without fifteen days' prior written notice to the director. The insurance policy must insure the taxicab company and must name the city as an additional insured of such taxicab against loss by reason of injury or damage that may result to persons or property from the negligent operation or defective construction of such taxicab, or from violation of this chapter or of any other law of the state of California or the United States. The insurance policy must be in the sum of not less than five hundred thousand dollars combined single limit for personal injury and property damage for each taxicab in any one accident. The director may, upon advice from the city attorney or city risk manager, accept insurance that does not meet the foregoing criteria or require insurance that exceeds the foregoing criteria if the director determines that such insurance will provide adequate protection, based on, but not limited to, factors such as whether the applicant belongs to a satisfactory risk retention group; whether the applicant's operating risks are less than or more than standard risks; and whether the required insurance is reasonably available to a qualified applicant.

I. Obtain and keep in force during the term of the permit, worker's compensation insurance, covering all employees of the permittee.

J. Possess a valid city business tax certificate.

K. Maintain each taxicab in safe operating condition, good repair, clean and sanitary condition, and in compliance with the California Vehicle Code.

L. Participate in the pull-notice program pursuant to Section 1808.1 of the Vehicle Code to regularly check the driving records of all taxicab drivers.

M. Maintain a safety education and training program in effect for all taxicab drivers.

N. Maintain a disabled access education and training program to instruct its taxicab drivers on compliance with the Federal Americans with Disabilities Act of 1990 and amendments thereto, and state disability rights laws, including making clear that it is illegal to decline to serve a person with a disability or who has a service animal.

O. Obtain a report no less than every twelve months from the Department of Motor Vehicles for each employed taxicab driver. The taxicab company must verify that each employee's driver's license has not been suspended or revoked, the employee's traffic violation point count, and whether the employee has been convicted of a violation of California Vehicle Code section 23152 or 23153.

P. Obtain a report showing a prospective taxicab driver's current public record as recorded by the Department of Motor Vehicles. For purposes of this subsection, a report is current if it was issued less than thirty days prior to the date the company employs the taxicab driver.

Q. Notify the director immediately when any vehicle not described in the application for the permit is placed in service as a taxicab and submit the information about the vehicle and the certificate of inspection required by the application form.

R. Notify the director immediately on termination of a taxicab driver's employment. The taxicab driver permit will become void upon termination of the driver's employment.

S. Maintain reasonable financial responsibility to conduct taxicab transportation services.

T. Require that each taxicab driver have a valid California driver's license and a valid city-issued taxicab driver permit.

U. Comply with any other reasonable conditions imposed by the director or police chief.

(Ord. No. 1160, § 3(Exh. A), 1-9-2019)

Every person who is issued a taxicab driver permit must comply with the following conditions:

A. Display the driver's photo permit in the taxicab in a place conspicuous from the passenger area.

B. Take the most direct route possible which will carry the passenger safely and expeditiously to his/her destination.

C. Grant the person engaging the taxicab exclusive right to the full and complete use of the passenger compartment.

D. Immediately report a lost or stolen permit to the finance department.

E. Not allow any person to use or duplicate their permit. If a permit is found to be used by another individual, it will be considered a violation of this chapter unless the permit was previously reported as lost or stolen as provided in this section.

F. If the taxicab driver is self-employed, comply with all the conditions of the taxicab company permit set forth in Section 5.36.120.

G. Return the permit to the director immediately on termination of employment or self-employment. A taxicab driver permit will become void upon termination of employment or self-employment.

H. Comply with any other reasonable permit condition imposed by the director or the police chief.

(Ord. No. 1160, § 3(Exh. A), 1-9-2019)

A. Taxicab driver and taxicab company permits will continue in effect for the remainder of the calendar year in which they are issued, unless revoked or modified as provided in Section 5.36.150; provided, however, that taxicab driver permits will automatically become void on termination of employment or self-employment as a taxicab driver. A taxicab driver or taxicab company permit issued in the last quarter of a calendar year will continue in effect for the remainder of the calendar year in which it is issued, and for the next calendar year.

B. Permittees must submit to the director applications to renew taxicab driver and taxicab company permits for following calendar years, together with fees for the renewal and any changes in the information provided in the initial application or a previous renewal application. In addition, an applicant for renewal of a taxicab company permit must submit evidence that required insurance will be in effect for the new calendar year, a new certificate of inspection for each taxicab, and new trip data documentation for the prior calendar year. In addition, an applicant for renewal of a taxicab driver permit must submit proof of a negative test for controlled substances and alcohol as required by the city's controlled substance and alcohol certification program, a new photograph, and provide a document issued by the Department of Motor Vehicles, dated no more than ten days before the application is submitted, showing that the applicant holds a valid, current California driver's license.

C. The director will refer to the police chief completed applications for renewal of taxicab driver and taxicab company permits. The police chief and the director will process and grant or deny the applications for renewal as provided in Section 5.36.100.

D. Applications for renewal of taxicab driver and taxicab company permit must be submitted by December 1 of each year to allow sufficient time for processing before the current permit expires on December 31.

(Ord. No. 1160, § 3(Exh. A), 1-9-2019)

A. A taxicab company permit or taxicab driver permit may be revoked or suspended or additional conditions imposed for failure of the permittee to comply with applicable laws, regulations and conditions, based on matters occurring after the permit is issued or on matters not considered at the time of issuance of the permit that would have authorized denial of the permit or the imposition of conditions on the permit.

B. The police chief may file with the director a written request for revocation, suspension or modification of a taxicab company permit or taxicab driver permit, stating facts showing that the permittee has not complied with applicable laws, regulations or permit conditions, has had a subsequent arrest, or poses a danger to public safety, and recommending that the permit be revoked or suspended or in what respect the permit should be conditioned.

C. On receiving the request, the director must mail to the permittee a notice that the permit is recommended for revocation, suspension or conditioning in a specific manner and stating the reasons for that recommendation. The notice must inform the permittee that the recommendation will be adopted, and the permittee will be deemed to concur with the recommendation if the permittee does not make a written request for a hearing in the manner provided in Section 5.08.060 of this code.

D. The procedures for appealing, rendering a decision and seeking judicial review of the decision are provided in Section 5.08.060 of this code.

(Ord. No. 1160, § 3(Exh. A), 1-9-2019)

A. The city council may by resolution set the maximum amount of fares to be charged.

B. If the city council has adopted a maximum fare schedule, no taxicab company or taxicab driver may impose a charge for the use of such taxicab other than that specified in the schedule of fares on file with the city clerk.

C. A taxicab company may file a written application with the city clerk requesting a hearing before the city council to increase the maximum fares. Such hearing will be scheduled no less than ten days no more than thirty days from the date of the application. The application must contain the applicant's reasons and justification for the increase.

(Ord. No. 1160, § 3(Exh. A), 1-9-2019)

A. Pursuant to California Government Code section 53075.7, upon receipt of a complaint containing sufficient information to warrant conducting an investigation, either the director or the police chief will investigate any taxicab company that advertises or operates taxicab transportation service for hire.

B. To warrant investigation, a complaint must:

1. Be submitted to the director in writing;

2. Be signed by the complainant;

3. Specify the following information:

(a) The name of the taxicab company or taxicab driver that is operating without a permit;

(b) If no company name or driver name is provided, other information, such as an advertised telephone number or website or a vehicle plate number, that will allow the identification of the operator;

(c) The date, time and place where the violation occurred; and

(d) The nature of the unpermitted activity.

C. Once a complaint with the required criteria is reviewed by the director, the director may consider whether the complaint alleges the operation or existence of unpermitted taxi service. If so, the director may authorize an investigation and will either investigate or request the police chief to investigate.

D. If the investigation confirms that an unpermitted taxicab or taxicab company is being advertised or operated, the director or police chief will:

1. Inform the taxicab company or taxicab driver of the violation; and

2. Within sixty days of informing the company or driver, institute civil proceedings, criminal proceedings, or both.

E. Operation of a taxicab without a permit issued by the city is a violation of this chapter and a public nuisance, subject to all available remedies, including, but not limited to, remedies provided for in this code and civil and criminal prosecution.

F. The minimum fine for operating without a permit required under this chapter is five thousand dollars per violation.

(Ord. No. 1160, § 3(Exh. A), 1-9-2019)