Ceres Municipal Code Ch. 13 Taxicabs

For the purpose of this chapter, and except where otherwise expressly defined in another section of this chapter, the following words and phrases shall have the meanings provided in this section. Where words and phrases are not expressly defined under this chapter, they shall be construed as their ordinary meaning within the context which they are used:

Certificate of public convenience and necessity means a certificate issued by the California Public Utilities Commission for certain transportation services.

Driver means every person in charge of operating any taxicab, as defined in this section, either as agent, employee or otherwise, of owner, as owner, or under the direction of the owner as herein defined.

Driver's permit means the permission granted by the City Manager, or designee to a person to drive a taxicab upon the streets of the City.

Owner means every person having use or control of any taxicab, as defined in this section, whether as owner, lessee or otherwise.

Street means any place commonly used for the purpose of public vehicular travel.

Taxicab means every automobile or motor-propelled vehicle of a distinctive color or colors, such as is in common usage in this country for taxicabs, and/or operated at rates per mile, or for waiting time, or for both, and equipped with a taximeter, used for the transportation of passengers for hire over the public streets of the City and not over a defined route and irrespective of whether the operations initiate or extend beyond the boundary limit of the said City, and such vehicle is routed under the direction of such passenger.

Taxi driver's permit shall mean a permit issued under section 5.13.110.

Taximeter means any mechanical instrument, appliance, device or machine, by which the charge for hire of a taxicab is mechanically calculated, either for distance traveled or time consumed, or both, and upon which instrument, appliance, device or machine such charge is indicated by figures.

Taxi owner's license shall mean a permit issued under section 5.13.050.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. The purpose of this chapter is to protect the public health, safety, and welfare by regulating the operation and licensing of taxicabs and the drivers of taxicabs as authorized by Vehicle Code section 21100.

B. All taxicabs authorized to operate within the City shall be properly licensed with the California Department of Motor Vehicles, and shall further comply with all State and local laws and regulations relating to the licensing and commercial operation thereof, including this chapter. No taxicabs operated in the City shall be rented to any owner or driver unless such owner or driver has obtained the appropriate permits pursuant to this chapter.

C. This chapter is limited in scope to the regulation of taxicabs. This chapter is not intended to regulate vehicles or businesses required to obtain a certificate of convenience and necessity issued by the California Public Utilities Commission, nor does this chapter apply to any passenger transportation services owned and operated by a public agency.

(Ord. No. 2020-1057, § 1, 3-23-2020)

The provisions of this chapter shall not apply to animal-drawn vehicles, or taxicabs licensed by another municipality when operating in the City in response to a request to convey a person from other such municipality to the City.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. All drivers and owners of taxicabs shall be governed by rules and regulations established by the City Council.

B. The City Manager shall have power to grant the permits and licenses in this chapter to persons who have complied with the provisions under this chapter and any other rules and regulations adopted by the City Council. The City Manager and/or designee shall have the power to suspend or revoke any permit for failure, neglect, or refusal to comply with this chapter, or any rule or regulation of the City Council appertaining to taxicabs.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Any person or entity seeking to operate as a business owner shall apply in the manner set forth in this section. A written application for a taxi owner's license shall be made to the City Manager and must be signed by the owner of the taxi business. In addition to the information required by section 5.02.010, the application shall set forth the information and accompanying documentation required in section 5.13.110, in addition and including, but not limited to, the following:

A. Name and address of the location from which the business will be operated;

B. Fictitious business name of the applicant, if any;

C. A description of any motor vehicle which the applicant proposes to use, including its trade name, motor and serial number, license plate number, year and model;

D. Description of the color scheme, insignia, trade style, and any other unique characteristics of the taxicab design and placement of City required markings and company markings;

E. Signed copy of the company's policies regarding driver conduct and discipline, including suspension and termination;

F. Type of dispatch service provided;

G. Location of dispatch center, including phone number and customer service or management contact information;

H. The number of taxicabs that the applicant requests to have in service under his or her business;

I. Any facts that the applicant believes tend to demonstrate that public convenience and necessity require the operation of such vehicles;

J. A schedule of proposed fees;

K. A copy of the insurance policy covering each taxicab for public liability and property damage;

L. The names and addresses of each driver to be employed together with proof that each driver holds a valid chauffeur's license issued by the State of California; and

M. Such further information as the City Manager may require.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Before any application is acted upon by the City Manager, the City Manager or designee shall make an investigation and shall report his or her findings in writing on the following:

A. The demand of the public for additional taxicab service.

B. The adequacy of existing mass transportation and taxicab service.

C. The financial responsibility and experience of the applicant.

D. The number, kind and type of equipment and the color scheme to be used.

E. The effect which such additional taxicab service may have upon traffic congestion and parking.

F. Such other relevant facts as the City Manager may deem advisable or necessary.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. A taxi owner's license may be granted only if the City Manager or designee determines that:

1. The applicant has submitted satisfactory proof that he or she will comply with the provisions of this chapter;

2. The applicant has not violated this chapter three or more times within the last three years;

3. The applicant is not otherwise subject to denial, suspension, or revocation under section 5.04.030;

4. Additional taxicab service in the City is required by the public convenience and necessity and that the applicant is fit, willing, and able to perform such public transportation and conform to the provisions of this chapter and the rules promulgated by the City Council;

5. Approval would not pose an unreasonable risk to the public safety or welfare; and

6. Each driver of such taxicab has a valid California driver's license and a valid driver's permit issued by the City, within the limits and in the manner set forth in this chapter.

B. No license shall be issued to any person who shall not have fully complied with all of the requirements of this chapter necessary to be complied with before the commencement of operation of the proposed service.

(Ord. No. 2020-1057, § 1, 3-23-2020)

No person, partnership, cooperative, corporation, firm, association, or other entity of whatever type may possess or operate more than one taxi owner's license at any one time.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. No taxi owner's license issued under this section shall be transferable, either by contract or operation of law, without the written consent of the City Manager.

B. Any person or entity who wants to transfer a taxi owner's license shall submit a written application to the City Manager or his or her designee. The application shall be in writing, signed by the business owner, and shall set forth all the information required in the permit transfer application form and accompanying documentation. The application shall not be accepted without payment of the taxi owner's license fee.

C. The City Manager or designee shall make a final determination on the taxi owner's license transfer application within 30 days after the filing of the application.

D. The taxi owner's license transfer will not be valid or recognized by the City unless the current holder or transferor of the taxi owner's license submits along with the taxi owner's license transfer application a notarized statement to the City Manager surrendering his or her taxi owner's license and all rights to the taxi company name.

E. A taxi owner's license transfer will not be valid unless all other requirements of this chapter for operating the business have been met.

(Ord. No. 2020-1057, § 1, 3-23-2020)

It is unlawful for any driver to operate any taxicab in the City without a valid taxi driver's permit to do so as provided in this chapter. However, drivers are not required to procure a business license under this title.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Each application for a taxi driver's license shall be in writing, duly certified under oath, and it, together with a copy thereof, shall be filed with the City Manager, who shall transmit the original to the City Clerk, who shall file the same. In addition to the requirements of section 5.02.010, each taxi driver's license application shall include the following:

A. The name, birth date and address of the driver;

B. The name and address of each of the driver's employers during the preceding three years;

C. Whether or not a taxicab driver's permit issued to the driver by the City or any other jurisdiction has ever been revoked and, if so, the circumstances of such revocation;

D. The name and address of the owner by whom the driver is to be employed as a driver;

E. The applicant's experience in the operation of an automobile and transportation of passengers;

F. A copy of the applicant's California commercial driver license, if any;

G. A copy of the applicant's complete driver's history report from the State Department of Motor Vehicles;

H. The applicant must demonstrate proficient knowledge of the traffic laws of the State, and demonstrate his or her ability to operate a taxicab, all to the satisfaction of the City Manager;

I. Fingerprints, taken by the Ceres Police Department;

J. Two photographs of the driver (size one and one-half inch by one and one-half inch) taken by the City, one to be filed with the application and one to be permanently attached to the driver's permit when issued;

K. Satisfactory proof that the insurance required by this chapter covers the driver when operating the taxicab; and

L. Additional information as the City Manager may require.

M. Any fees as provided by section 5.01.140,

(Ord. No. 2020-1057, § 1, 3-23-2020)

Renewal fees for taxi driver's permits shall be used solely to defray the costs of the City's investigations and reports required under this chapter.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. Any accident arising from or in connection with the operation of a taxicab which results in death or injury to any person, or in damage to any vehicle, or to any property in an amount exceeding the sum of $100.00, shall be reported within 24 hours from the time of occurrence to the Police Department.

B. A taxi driver holding a permit issued under this chapter shall at all times keep the City notified of his or her current address. He or she shall notify the City in writing within ten days of any address change.

C. Taxi vehicle drivers are required to report all Vehicle Code violations to the Finance Department within five calendar days of receiving a citation.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Upon approval of an application for a taxi driver's permit, the City Manager shall issue a permit to the applicant which shall bear the name, address, ethnicity, age, signature, and photograph of the applicant. The taxi driver's permit shall also state the name of the employer of the applicant.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. A taxi driver's permit may be granted only if the City Manager or designee determines that the applicant:

1. Submitted a complete and legible application;

2. Submitted satisfactory proof that he or she will comply with the provisions of this chapter;

3. Possesses a valid California driver's license;

4. Has not operated a vehicle in violation of this chapter three or more times in the past three years;

5. Would not pose an unreasonable risk to the public safety or welfare;

6. Is not otherwise subject to denial under section 5.02.040; and

7. Has ensured that he or she will only operate a vehicle which has received a valid vehicle permit for a business owner who has received a valid taxi owner's license.

B. No permit shall be issued to any person who shall not have fully complied with all of the requirements of this chapter necessary to be complied with before the commencement of operation of the proposed service.

(Ord. No. 2020-1057, § 1, 3-23-2020)

The City Manager may deny any taxi driver's permit application if it is determined that:

A. The applicant has physical or mental limitations which, in the discretion of the City Manager or his or her designee, renders such applicant incompetent to operate a taxicab;

B. The applicant has been found guilty of or has been convicted of more than four moving traffic violations within three years of the date of application, or has been found guilty of or has been convicted of more than two moving traffic violations within one year of the date of application;

C. The driver's license of the applicant has been suspended or revoked;

D. The driver is not in compliance with the provisions of this chapter or State or Federal regulations governing the operation of a motor vehicle;

E. The driver has received a positive result in any random test for controlled substances or alcohol within the prior 12 calendar months;

F. Granting the permit would violate any law or would endanger the public health, safety, or welfare;

G. The driver is under the age of 18; or

H. The driver has had a taxi driver's permit or taxi owner's license revoked in any jurisdiction for just cause.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Every taxi driver's permit issued under this chapter shall be valid only so long as the driver continues in the employ of the owner indicated on the taxi driver's permit. Upon the termination of such employment or affiliation with the owner, the driver shall surrender the driver's permit to the City Manager within two days of the termination.

(Ord. No. 2020-1057, § 1, 3-23-2020)

The taxi driver's permit shall be posted in full view of the passenger at all times while said driver is operating the vehicle. Every driver's permit shall show the photograph of the driver, driver's permit number, name of the business owner by which the driver is employed, if any, a telephone number of the business and a City telephone number such that passengers may communicate complaints. This notice and information must be provided verbally upon the request of the passenger.

(Ord. No. 2020-1057, § 1, 3-23-2020)

On receipt of a license or permit application under this chapter, the City Clerk shall immediately forward a copy thereof to the City Manager.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. Any permit or license granted under the provisions of this chapter may be suspended immediately by the City Manager or designee for any of the following reasons:

1. The taxi driver is operating a taxicab without a valid driver's license.

2. The vehicle: (1) has physical defects or is damaged and may cause harm or injury to persons or property or impairs the routine operation of the vehicle; (2) has mechanical defects or malfunctions; (3) cannot be operated safely; (4) is not registered with the State of California; or (5) the vehicle does not meet the requirements of this chapter. Such vehicle shall not be allowed to operate until all violations are corrected and proof of correction has been provided in writing to the City's Finance Department.

3. Any business owner or driver adjudged to have violated this chapter three times or more in the same calendar year shall have his or her taxi owner's license or taxi driver's permit suspended.

4. Any business owner, taxi driver, or vehicle that does not have the proper insurance as required by this chapter shall have his or her taxi owner's license or taxi driver's permit immediately suspended;

5. A business owner that employs of drivers without a taxi driver's permit pursuant to this chapter shall his or her taxi owner's license suspended;

6. A taxi owner's license or taxi driver's permit may be suspended if the applicant fails to comply with all local, state, and federal laws, including this chapter;

7. A taxi owner's license or taxi driver's permit may be suspended for any cause which, in the opinion of the City Manager or designee, makes it contrary to the public health, safety, or welfare for the license to be continued;

8. A taxi driver's permit may be suspended if he or she is no longer able to demonstrate either proficient knowledge of the traffic laws of the state of California and the City;

9. A taxi driver's permit may be suspended for any violation of laws relating to the operation of a motor vehicle including but not limited to reckless driving, driving under the influence of alcohol or controlled substances, or other violations indicating that a driver is not competent to operate a vehicle for hire in a consistently safe manner;

10. A taxi driver's permit may be suspended for any motor vehicle accident resulting in injuries to persons or property caused by the culpable act or omission of the driver or business owner;

11. A taxi owner's license or taxi driver's permit may be suspended for any failure to pay any judgment for damages arising out of the unlawful or negligent operation of any vehicle for hire;

12. A taxi owner's license or taxi driver's permit may be suspended for the existence of any fact which, at the time of application, would have caused the City to deny the application, whether or not such fact existed at the time of the application or occurred thereafter; or

13. Drivers receiving four or more points within a 12-month period may be considered a negligent driver, and his or her taxi driver's permit may be suspended.

B. If the City Manager has not been notified within ten days that the violations have been corrected, the City may issue a notice of revocation and proceed as set forth in this chapter. During the time that the permit is suspended, it shall be unlawful for the permittee to exercise any of the rights granted under this chapter.

C. No license shall be revoked until after a hearing before the City Manager, which is governed chapter 5.05. Upon revocation of a license, the City Manager may refund to the person whose license is revoked any prepaid license fees of such person.

D. In the event of such suspension or revocation of any permit or license issued pursuant to this chapter, the holder of the permit shall immediately surrender it to the City Manager.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A driver may not operate a taxicab unless the taxicab has been certified pursuant to this chapter.

(Ord. No. 2020-1057, § 1, 3-23-2020)

The following rules and regulations shall be observed by all individuals operating taxicabs governed under this chapter:

A. Every taxicab shall have visible from the outside a schedule of all rates and charges, established by resolution of the City Council, in a minimum of one inch numeral and letter size on each side of the taxicab. One additional schedule of all rates and charges shall be posted in full view of the backseat passenger while seated in the taxicab.

B. No charge shall be made by any driver or owner in excess of the posted rates established pursuant to resolution of the City Council, which may be amended from to time by resolution of the City Council.

C. No taxicab shall be operated unless kept in a clean, sanitary, and mechanically safe condition.

D. The interior of every taxicab shall be thoroughly cleaned at least once in every 24 hours.

E. Unoccupied taxicabs shall not be operated over public streets in search of, or soliciting prospective passengers for hire.

F. The driver of any taxicab shall transport passengers in a safe and expeditious manner to their destination by the most direct and accessible route.

G. No owner or operator of any taxicab shall indulge in unfair competition or commit fraud upon the public. The City Manager, or designee, shall determine what constitutes unfair competition or fraud.

H. Every taxicab shall have in the passenger compartment, securely attached and centered two inches above the door handle of each rear passenger door, or as near thereto as feasible, a sign with the number of such taxicab and the name of the taxicab business, in Grade 2 Braille.

I. No driver of any taxicab shall accept, take into his vehicle or transport any larger number of passengers than the rated seated capacity of his vehicle, and seat belts shall be provided for each occupant of the vehicle.

J. Drivers shall provide receipts to passengers upon the passenger's request.

K. An individual engaging a taxicab shall have the exclusive right to the full and complete use of the taxicab and it is unlawful for the driver to solicit or carry additional individuals without the prior permission of the passenger.

L. The driver of a taxicab shall not display any device indicating that the taximeter is recording when such taxicab is not actually employed.

M. The driver of a taxicab while carrying passengers or under employment, except on an hourly basis or contract basis, shall not display the flag or device affixed to such taximeter in such position as to denote that he or she is employed at a rate of fare different from that to which he or she is entitled.

N. All taxicabs shall operate under a two-way radio dispatch system.

O. Taxicab drivers shall offer and provide reasonable assistance, if requested, to passengers in entering and leaving the vehicle. Drivers shall confirm that passengers are securely seated, their possessions are secure, and the door is closed before beginning the trip. Drivers shall ensure that passengers and their possessions are safely clear of the vehicle and in an appropriate deboarding location before leaving the destination. Drivers shall board passengers at the nearest safe, legal, and feasible point to the passenger's location and shall deboard passengers at a point from which they can safely proceed.

P. It is unlawful for a driver or taxi business owner to refuse a prospective fare based on the distance of the route for which the service is requested, or the geographic location of either the origin or destination of the trip except where that distance exceeds a total of 50 miles beyond the City limits of the City of Ceres, or to take any action to actively discourage a prospective fare solely on the basis of race, creed, color, age, sex, sexual orientation, national origin, disability, or other protected class.

Q. Drivers may inquire whether an animal is a service animal, but may not require a disabled person to show any documentation of disability or certification of the animal's status as a service animal. The driver may require service animals not in carrying containers to remain on the floor of the vehicle; and

R. The taxicab driver shall immediately return any property of value left in his vehicle to the property's owner or report such an incident to the police department within 24 hours.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Any taxicab which is found, after any inspection by the City Manager or designee, to be unsafe or in any way unsuitable for taxicab service shall be immediately ordered out of service, and before again being placed in service shall be placed in a safe condition.

The existence of the following conditions, but not to the exclusion of other conditions set forth by other provisions of this Code or other applicable laws, shall be deemed to make a taxicab unsafe or unsuitable for taxicab service:

A. Excessive leakage of oil, grease, gas or any other substance from any part of the taxicab;

B. The existence of any defects in the frame of the taxicab;

C. The failure of any movable parts of the car, including doors, windows, trunk, lights, etc. to function in the proper working order;

D. Failure to maintain the tires, lights, turning signals or brakes in good and safe working condition;

E. Failure to maintain the motor and other mechanical parts of the car in good and safe operating condition;

F. The existence of large or excessive dents in the body of the taxicab;

G. Failure to maintain the exterior approved paint color scheme;

H. The existence of excessive wear and tear on the upholstery, floor mats, and other parts of the interior of the taxicab;

I. Failure to have adequate interior lighting in proper working condition;

J. An inoperable two-way radio;

K. Failure to possess a basic first-aid kit; and

L. Failure to possess a charged fire extinguisher.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. A taxi owner's license holder shall be responsible for having each taxicab inspected for mechanical fitness every six months by a qualified mechanic certified by the State Department of Consumer Affairs. The City shall provide inspection forms which the mechanic shall complete and certify and the license holder shall submit the completed forms to the City.

B. New taxi owner's license applicants must have the inspection prior to consideration of application for approval of a taxi owner's license.

(Ord. No. 2020-1057, § 1, 3-23-2020)

The City Council shall adopt a resolution setting maximum rates charged for taxicabs. The rates set pursuant to this section may from time to time be changed or amended by resolution of the City Council. Upon the adoption of any such resolution, the amendment shall become effective.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. No taxicab shall be driven or operated in the City unless the owner or operator thereof obtains and maintains a motor vehicle liability insurance policy or policies from a responsible and solvent corporation, authorized to issue such policies under the laws of the State of California, insuring said owner or operator and covering such taxicab or vehicle for hire.

B. Such policy shall insure any individual driving, using or responsible for the use of any taxicab covered by said policy with the consent, express or implied, of the owner, against loss from liability imposed on any of them by law for injury to or death of any individual, or damage to property, arising from or growing out of the maintenance, operation or ownership of any taxicab covered by the policy to not less than the type and amounts or limits required for operation as prescribed by the City Manager.

C. The applicant or permittee shall file with the City said policy or policies or certificates thereof. The policy or policies shall provide that they shall not be canceled except after 30 days' written notice to the City.

D. Upon the City Manager receiving notice of cancellation, the City Manager by written notice shall inform the taxi owner's license that the permit will be automatically suspended on the expiration date of the policy, without further notice unless evidence of required insurance is filed with the City Manager on or before that date.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. Every taxicab shall be equipped with an accurate single tariff taximeter. It is unlawful to tamper with any taximeter or other measuring instrument for the purpose of gauging or indicating distance traveled, or waiting time, or for the purpose of fixing rates to be collected from the public or to operate a taxicab with a broken lead tag or lead wire or upon notification from the Stanislaus County Department of Weights and Measures or other appropriate agency that the meter is inaccurate.

B. The taxicab business owner shall ensure that each vehicle's taximeter is inspected a minimum of once a year by the Stanislaus County Department of Weights and Measures and immediately upon a charge effecting the meter rate. The permittee's taximeter(s) shall be subject to inspection, at any time by the Stanislaus County Department of Weights and Measures.

C. The taximeter shall be so placed in said taxicab that the reading dial showing the amount to be charged shall be well lighted and readily discernible by the passenger riding in such taxicab, unless such taximeter is equipped and operated as a receipt-printing taximeter.

D. Every such taximeter shall register the charge to the nearest $0.10 and be equipped with a flag or other mechanical device, and said flag shall be so attached and connected to the mechanism of said taximeter as to cause said mechanism to operate when said flag is in a position other than upright, and which said flag shall, when moved forward or downward, start the operation of said taximeter so that the same will operate in the manner defined in this chapter. However, such taximeter shall not be required to operate on any trip that goes outside the City limits unless the beginning point and the ending point of such trip are inside the City limits. For any trip which begins or ends inside the City limits, but for which the taximeter is not required by this chapter to be in operation, the taxi driver shall inform the passenger before beginning the trip that it is a nonmetered trip and what the flat charge is.

E. Taximeters placed in taxicabs for the purpose of replacing broken or faulty meters shall under no circumstances be operated more than 24 hours prior to being approved, inspected and tested by the Chief of Police and Stanislaus County Sealer of Weights and Measures.

F. Sealing of taximeters may be required by the Stanislaus County Sealer of Weights and Measures.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. Prior to assigning a driver to an accessible taxi the taxi business and taxi driver shall demonstrate to the Finance Department that the taxi driver is competent to operate an accessible taxi by demonstrating the following:

1. Driver knowledge and operation of the lift system;

2. Driver knowledge and operation of the restrain system; and

3. Driver knowledge of the user manuals and equipment operating manuals.

B. Operators and drivers of accessible taxis shall grant priority to requests for service from passengers who use ambulatory aids, and may not accept any other service request while responding to a dispatched call from a person who uses an ambulatory aid. In the absence of a request for service by a passenger who uses an ambulatory aid, an accessible taxi may transport any person.

C. Drivers of accessible taxis must provide the following services:

1. Assist the passenger from the curbside to the vehicle;

2. Assist the passenger from the vehicle to the curbside;

3. Secure the passenger within the vehicle;

4. Wait for the passenger at the curbside for at least ten minutes after the agreed upon pickup time; and

5. The taxi company owner, dispatcher or driver shall confirm the agreed upon pickup time at least 15 minutes prior to arriving at the location.

D. All accessible taxis must be maintained in a safe operating condition. All business owners and drivers operating an accessible taxi are jointly and severally responsible for ensuring that all accessible taxis for which they hold permits meet all equipment requirements listed in this section. Any accessible taxi may be removed from service for any violation of this section until the violation is corrected and the vehicle is re-inspected and approved for service.

E. Vehicle conversions and the installation or placement of any adaptive equipment shall be done by a facility with individuals certified or licensed to perform vehicle conversions and equipment installations. Adaptive equipment installations shall not interfere with the driver's visibility or the operation of any original manufacturer's equipment. The adaptive equipment operator's manual shall be in the vehicle at all times.

F. All lifts shall be powered by electric or hydraulic systems. Lift ramps shall be no less than 30 inches wide. Lift capacity shall be no less than 500 pounds.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. The City Manager or his or her designee shall inspect each taxicab to be employed at issuance of the taxi owner's license for compliance with this chapter prior to issuance of any taxi owner's license.

B. After issuance of a taxi owner's license, a taxi business owner must request the [proper City official] to inspect each new taxicab to be employed prior to the taxi being used to pick up passengers as part of the taxi business.

C. Upon finding compliance with this chapter, the City Manager shall issue a certificate to the taxi owner's license for each taxicab in compliance.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Whenever an owner sells or transfers title to a taxicab for which a certificate has been granted by the City Manager or designee pursuant to this chapter, and purchases another taxicab, the City Manager, upon written request of applicant, shall issue a new certificate for the operation of such replacement taxicab, provided said owner has complied with all the provisions of this chapter. No replacement taxicab shall be put into operation before a certificate covering its operation has been obtained as required by this section.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Any owner holding a certificate to operate one or more taxicabs, who desires to temporarily substitute a different vehicle for a taxicab operated under such certificate, shall do so only upon obtaining from the City Manager, permission therefor, which shall be granted only upon written application setting forth the particulars of such proposed substitution, and upon otherwise complying with the requirements of this chapter. The City Manager shall determine the period of time the substitute vehicle may be used, and no such vehicle shall be used as a taxicab beyond said time period without the written consent of the City Manager or designee.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. For purposes of on-street parking, a taxi driver shall be authorized to park one taxicab on the public right of way immediately adjacent to his or her primary residence; provided, that the business owner has a valid taxi driver's permit.

B. A taxicab may be parked on any available legal on-street parking space for not more than three minutes, when the driver is actually engaged in loading or unloading passengers.

C. Except while awaiting or soliciting employment, a taxicab may be parked in any City off-street parking facility, provided that the driver of said taxicab shall pay the prescribed parking fee for using the off-street parking facility. The driver of a taxicab, however, may park, await and solicit employment in any private off-street parking area after having obtained the property owner's permission.

D. Between the hours of 10:00 p.m. and 8:00 a.m. of the following day, the driver of a taxicab may stop, stand or park a taxicab in any place where the parking of vehicles is legally permitted, except in taxicab stands established for other taxicab companies.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. The driver of taxicab shall keep a separate waybill of every service rendered by such driver, which waybill shall include the following information:

1. Location where passengers entered vehicle;

2. Date and time of entry;

3. Number of passengers;

4. Location where passengers were discharged;

5. Amount of fare collected.

B. The business owner shall keep said waybills in his or her office files for a period of 90 days after date of service rendered, and the same shall at all convenient times be open to examination by the City. The failure to complete any waybill shall subject the business owner or driver to citation. The falsifying of any waybill by a business owner or driver shall be grounds for revocation of his or her taxi owner's license and taxi driver's permit.

C. Each taxi business owner shall keep a record of all vehicles operated and shall maintain at all times a complete and accurate record of all drivers employed, which shall show in detail the names and addresses and the dates of beginning and termination of employment of the drivers, the vehicle driven by each driver, and the hours during each day and night worked by each driver. Such records shall be displayed to the City at any time upon demand, and shall not be destroyed without permission of the City.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. The Police Chief, in consultation with the City Engineer, is hereby authorized to locate and establish taxicab stands on City streets. Such regulations shall become effective when appropriate signs are placed giving notice of such regulations to the public. The right to use a taxicab stand heretofore or hereafter established for the use of special taxicab operator shall be nontransferable.

1. The number of taxicab stands to which each person operating taxicabs shall be entitled shall be determined by the Police Chief based on his finding as to the need for same in order to adequately serve the public.

2. It shall be unlawful for the driver of any taxicab to allow said taxicab to remain standing or parked in any taxicab stand established for that specific taxicab or taxicab company, unless said driver is inside or within five feet of the taxicab, except when the driver is assisting passengers to load or unload.

B. The fee to be paid to the City for each taxicab stand heretofore or hereafter established for the use of a taxicab operator shall be fixed by resolution of the City Council, and may be amended from to time by resolution of the City council.

1. Taxicab stand rental fees due hereunder shall be paid in advance at the office of the Director of Finance and shall be due and payable on the first of each month and delinquent at 5:00 p.m. on the tenth of the month.

2. To all delinquent taxicab stand rental fees there shall be added a penalty of 25 percent of the amount due for the period, plus interest at the rate of one-half of one percent per month or fraction thereof until paid.

(Ord. No. 2020-1057, § 1, 3-23-2020)

It shall be the duty of the owner of each taxicab company to notify the Police Chief in writing within five days whenever a driver has either voluntarily or involuntarily terminated employment.

The taxicab company shall cause, and be responsible for each taxicab driver returning his or her taxicab drivers permit to the Police Chief within five days after the termination of his employment as a taxicab driver.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A taxicab permittee shall, and by acceptance of a Taxicab Owner's Permit or Taxicab Driver's Permit, keep and hold the City, its agents, and employees free and harmless from any and all claims, costs, liabilities, damages or expenses, including costs of suits and fees and expenses for legal services on account of any damages claimed by any third party, including such claims by agents or employees of the business permit holder, alleged to have been sustained in or about any taxicab stand established or maintained by or for taxicabs, or in or about any of the permittee's premises, or arising out of the permittee's operations, as a result of anything claimed to have been done or not done by the permittee, or by anyone claiming or acting under the permittee.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Each person granted a taxi owner's license within the City pursuant to the provision of this chapter, shall annually file with the City Manager a detailed financial statement, including a balance sheet and profit and loss statement, for the operation of said taxicab business separate from any other business owned or operated by said person. Said financial statement shall cover the fiscal or calendar year used by said person for federal income tax purposes and shall be filed with the City Manager on or before the filing date of said person's federal income tax return for said taxicab business. Alternatively, such person may satisfy the filing requirement by filing a copy of the filer's federal income tax return.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. The Chief of Police shall be responsible for maintaining files of and investigating complaints of owners or drivers that advertise or operate vehicles for hire. The Chief of Police shall initiate appropriate action against vehicle owners and drivers when a complaint or complaints warrant such action.

B. Pursuant to the investigation in subsection A, the Chief of Police shall do all of the following:

1. Determine which businesses, if any, are required to have in effect a valid taxicab certificate, license, or permit as required by this chapter, but do not have the valid authority to operate;

2. Inform any business not having valid authority to operate that it is in violation of law;

3. Within 60 days of informing the owner or driver pursuant to subsection B.2 of this section, institute civil or criminal proceedings, or both, pursuant to any applicable authority.

C. The Chief of Police shall also adopt criteria establishing the type of information that, when contained in a complaint, is sufficient to warrant an investigation pursuant to Government Code section 53075.7 to investigate complaints of unauthorized taxicab operations. These operating procedures shall be in writing and may be revised from time to time by the Police Chief.

(Ord. No. 2020-1057, § 1, 3-23-2020)