Ceres Municipal Code Ch. 23 Vehicles for Hire

Whenever used in this chapter, the following words or terms shall be deemed to have the following meanings:

Driver means every person in charge of operating any "vehicle for hire," as defined herein, either as agent, employee, owner, or under the direction of the "owner" as herein defined.

Owner means every person having use and control of any "vehicles for hire," as herein defined, whether as owner, lessee or otherwise.

Vehicle for hire shall include any motor vehicle operated and used upon the public streets of the City for the purpose of carrying passengers for hire. "Vehicles for hire" shall not include any of the following:

A. Private passenger vehicles used for carpooling by persons providing transportation of other persons to and from work where no fee is charged except for the reasonable cost of gas and maintenance of the vehicle used to provide the work-related transportation.

B. Taxicabs regulated by chapter 5.13 of this Code.

C. Ambulance or convalescent transport vehicles.

D. Public transportation vehicles provided by a governmental entity or pursuant to a contract with a governmental entity.

E. Passenger charter-party carriers regulated by division 2, chapter 8 of the California Public Utility Code, commencing with section 5351.

F. Passenger stage corporations regulated by division 1, chapter 5 of the California Public Utility Code, commencing with section 1031.

G. Vehicles used for the purpose of transporting persons for hire where the driver is related to the passengers by blood or marriage.

H. Vehicles used for the purpose of transporting persons for hire where five or fewer persons are transported per day. In computing the number of persons transported per day, any person transported to their destination and returned to their point of departure during the same day shall be counted as one person transported.

It is the specific intent and purpose of this chapter to regulate all passenger vehicles for hire operating within the City which vehicles are not otherwise regulated by the provisions of the Public Utility Code of this State, or are not otherwise excluded from the definition of "vehicles for hire" by this section.

(Ord. No. 2020-1057, § 1, 3-23-2020)

No person shall own, operate, or cause or permit any other person to own or operate, any vehicle for hire in the business of carrying passengers unless such person has obtained a proper permit therefor as provided in this chapter.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Any owner desiring to obtain the permit required by section 5.23.020 shall make application to the Police Chief. Each application shall be accompanied by a policy of insurance in the amount provided for by section 5.23.240. The application shall set forth the following:

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

B. A description of each motor vehicle which the applicant proposes to use, giving the type of each vehicle; the name of the manufacturer thereof; the horsepower; the vehicle identification number and the state license of each vehicle; and the seating capacity thereof according to the factory rating;

C. The name, monogram or insignia proposed to be used on each motor vehicle, if any;

D. The street number and exact location of the property where the applicant proposes to stand each motor vehicle, together with written consent signed and acknowledged by lessees, sublessees and owners of such property; and,

E. The applicant shall furnish such other information as the Police Chief may require.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Every person requesting an owner's permit under this chapter shall pay, in addition to any business tax which the permittee shall be required to pay, an application fee, the amount of which shall be determined from time to time by resolution of the City Council. The application fee shall be sufficient to cover the reasonable cost incurred by the City to process the application, including the cost of any investigation. Such fees shall be paid in advance at the time the application is filed.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Upon receipt of an application for an owner's permit and payment of the required fees, the Police Chief shall make an investigation and may thereafter grant the permit if he shall find that:

A. The bond or policy of insurance hereinafter required has been furnished and that the same is in the form required;

B. Each vehicle described therein is adequate and safe for the purpose for which it is to be used, and is equipped as required in this chapter;

C. The applicant is of good moral character, has complied with all the terms and conditions of this chapter and is competent to operate such a business;

D. The public convenience or necessity requires the operation of such motor vehicle for hire upon the public streets; and,

E. The name, monogram, or insignia, if any, of the proposed vehicle for hire does not conflict with or imitate any other taxi company theretofore permitted to operate in the City in such a manner as to be misleading or to deceive the public.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Any of the following reasons shall be sufficient for denial of an owner's permit required by this chapter:

A. That the application is not in the form, and does not contain the information required to be contained therein by this chapter.

B. That the vehicles described therein are inadequate or unsafe for the purposes for which they are to be used.

C. That the color scheme, name, monogram or insignia, if any, to be used upon such vehicles shall be in conflict with or imitate 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.

D. That the applicant has, at some prior time, had such a permit revoked for cause.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Each owner to whom a permit has been issued shall cause an authenticated copy of the permit to be posted on the dash in a position clearly visible to the passengers in the vehicle, or in some other area approved by the Police Chief.

(Ord. No. 2020-1057, § 1, 3-23-2020)

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

(Ord. No. 2020-1057, § 1, 3-23-2020)

A permit may be revoked by the City Manager at any time after proper notice to and opportunity of hearing has been given to the owner thereof, if:

A. The City Manager finds the owner's past record to be unsatisfactory.

B. The owner fails to operate the vehicle in accordance with the provisions of this chapter.

C. The owner's service to the public is inadequate or inefficient.

D. The owner fails to pay any of the fees or payments required to be paid by him by the provisions of this chapter or by the provisions of this Code.

(Ord. No. 2020-1057, § 1, 3-23-2020)

An owner's permit which shall have been canceled or revoked by the City Manager shall forthwith be surrendered to the Police Chief, and the operation of any vehicle covered by such a permit shall cease and further operation of such a vehicle shall be unlawful. Any owner who shall permanently retire any vehicle from service and within ten days thereof not replace said vehicle or make arrangements satisfactory to the Police Chief for said replacement shall immediately surrender any permit granted for the operation of such vehicle to the Police Chief. An owner may not secure a new permit for the operation of any vehicle for which a permit has been canceled, revoked or surrendered without having first made application therefor in the manner provided in this chapter.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Before a permit is issued to an owner for the operation of a vehicle, and annually thereafter, the owner shall provide proof satisfactory to the Police Chief that the vehicle is roadworthy and safe from an operational standpoint. Such proof shall be provided at the sole expense of the owner and shall be in the form of an inspection report from a qualified inspector approved by the Police Chief.

(Ord. No. 2020-1057, § 1, 3-23-2020)

The Police Chief, or any member of the Police Department, shall have the right at any time, after displaying proper identification, to enter into or upon a vehicle holding a permit under this chapter for the purpose of ascertaining whether or not any of the provisions of this chapter are being violated.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Any vehicle which is found, after any such inspection, to be unsafe or in any way unsuitable for transportation service shall be immediately ordered out of service, and before again being placed in service shall be placed in a safe condition.

(Ord. No. 2020-1057, § 1, 3-23-2020)

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

(Ord. No. 2020-1057, § 1, 3-23-2020)

No driver of any vehicle 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.

(Ord. No. 2020-1057, § 1, 3-23-2020)

It shall be unlawful for any person to drive or operate any vehicle for hire without first obtaining a driver's permit in writing so to do from the Police Chief.

Permits issued will entitle the driver to work for only the owner whose name appears on the permit. A new permit will be required for each subsequent employment.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Applicants for driver's permits shall file applications therefor with the Police Chief upon forms to be furnished by the City. Applicants for driver's permits shall pay an application fee for each application, the amount of which shall be determined from time to time by resolution of the City Council. The application fee shall be sufficient to cover the reasonable cost incurred by the City to process the application, including the cost of any investigation. Such fees shall be paid in advance at the time the application is filed.

In the event a person who has obtained a permit to drive a vehicle pursuant to this chapter thereafter terminates his/her employment as a driver, no permit fee shall be required for such person to obtain a new driver's permit if the application for the new permit is made within one year from the date of the termination of his/her immediate prior employment.

(Ord. No. 2020-1057, § 1, 3-23-2020)

The Police Chief shall conduct an investigation of each applicant for a driver's permit and a report of such investigation and a copy of the traffic and police record of the applicant, if any, shall be attached to the application.

(Ord. No. 2020-1057, § 1, 3-23-2020)

The Police Chief shall, upon consideration of the application and the reports and certificate required to be attached thereto, approve or reject the application. If the application is rejected, the applicant may request a personal appearance before the Police Chief and may offer evidence why his/her application should be reconsidered. If the Police Chief again rejects the application, the applicant may request a personal appearance before the City Manager to offer evidence why his/her application should be granted. The ruling of the City manager on the application shall be final.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Except as hereinafter set forth, no driver's permit shall be issued to any of the following persons:

A. Any person under the age of 18 years.

B. Any person who is currently required to register pursuant to section 290 of the California Penal Code.

C. Any person who has been convicted of a crime involving moral turpitude, narcotic or dangerous drugs, unless a period of not less than five years shall have elapsed since the date of conviction or the date of release from confinement for such offense, whichever is later.

D. Any person who has been convicted of driving a vehicle recklessly within the two years immediately preceding application for a permit.

E. Any person who has been convicted of driving a vehicle while under the influence of intoxicating liquors within the five years immediately preceding application for a permit.

F. Any person not possessing a valid Class 3 driver's license, issued by the State of California.

G. Any person who has been convicted of three or more felonies.

The Police Chief or City Manager upon appeal, in his discretion, may waive the provisions of subsection C above and issue a permit to a person who otherwise would be unqualified due to the provisions of said subsection C provided he receives letters from that person's prospective employer and parole officer which attest to a good-faith belief that the applicant has reformed his moral character so as to pose no threat to members of the public.

(Ord. No. 2020-1057, § 1, 3-23-2020)

Said permit shall be in the form of a card which shall bear the signature, photograph and fingerprints of the applicant. Such card shall be issued in duplicate and one copy with the fingerprints, photograph and signature of the applicant shall be placed on file with the Police Chief and the other card shall be displayed in the vehicle for hire in a conspicuous place visible to all passengers while the vehicle is being operated.

(Ord. No. 2020-1057, § 1, 3-23-2020)

A. The Police Chief may revoke or refuse to renew a driver's permit if the driver has since the granting of the permit:

1. Been convicted of any crime described in subsections 5.23.200.C, D or E of this chapter or any crime for which registration is required pursuant to section 290 of the California Penal Code.

2. Had his/her class 3 driver's license revoked or suspended.

3. Had two or more convictions of any of the offenses set forth in the Vehicle Code of the State of California and amendments thereto relating to speeding violations, or any combinations of any of such offenses, occurring during any continuous period not exceeding 12 months.

4. Violated any of the provisions of this chapter.

5. When for any reason, including or other than the above, in the opinion of the Police Chief, the applicant is unfit to drive a vehicle for hire.

B. The decision of the Police Chief to revoke or refuse to renew a driver's permit pursuant to this section may be appealed to the City Manager, and the decision of the City manager shall be final. Any request for an appeal hearing shall be filed in writing with the office of the City Manager within five days from receipt of notice of revocation or refusal to renew from the Police Chief. The appeal hearing before the City manager shall be held within 15 days of receipt of the request for appeal, and the person appealing the action shall be given at least five days' notice of the date set for the appeal hearing.

(Ord. No. 2020-1057, § 1, 3-23-2020)

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

The owner shall cause and be responsible for each driver returning his/her driver's permit to the Police Chief within five days after the termination of his employment as a driver of a vehicle for hire.

(Ord. No. 2020-1057, § 1, 3-23-2020)

No permit for the operation of a vehicle for hire shall be issued, nor shall such permit be valid after issuance, nor shall any vehicle for hire be operated unless there is at all times in full force and effect, comprehensive automobile liability insurance, comprehensive general liability insurance and workers' compensation insurance policies issued by a company authorized to do business in the State of California, acceptable to the Finance Director, insuring the owner and the driver against loss by reason of personal or bodily injury, sickness, death, or damage or destruction of property that may result from operation of the vehicle by the owner or driver. Comprehensive general liability insurance and automobile liability insurance shall be in the sum of not less than $1,000,000.00 combined single limit, bodily injury and property damage. Workers' compensation insurance shall be carried covering all employees of the owner. All policies shall contain a provision requiring a 30-day written notice to be given to the City prior to cancellation, modification, or reduction in limits.

(Ord. No. 2020-1057, § 1, 3-23-2020)