Chino Municipal Code Ch. 5.32 Taxicabs and Automobiles for Hire

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A. "Automobile for hire" means every automobile or motor-propelled vehicle by means of which passengers are transported for hire upon any public street in the city and not over a regular or defined route, and irrespective of whether the operation extends beyond the boundary lines of the city or not, excepting vehicles embraced within the term "taxicab" and excepting vehicles of transportation companies as defined in this section.

B. "Taxicab" means every automobile or motor-propelled vehicle by means of which passengers are transported for hire upon any public street in the city and not over a regular or defined route, and irrespective of whether the operation extends beyond the boundary limits of the city or not, where charge for such transportation is measured by the distance travelled, or by the time required for such transportation, or both, excepting vehicles of transportation companies as herein defined.

C. "Taximeter" means a mechanical instrument or device by which the charge for hire of a passenger-carrying motor-propelled vehicle is mechanically registered, calculated or indicated by means of figures in accordance with the distance travelled or the time elapsed, or waiting time or both.

D. "Transportation companies" is synonymous with the phrase "transporting company" as detailed in that certain act of the legislature of the state, approved May 10, 1917, providing for the supervision and regulation of the transportation of persons and property for compensation over public highways by automobiles, jitney busses, auto truck, stages and auto stages, and all amendments to such act.

(Prior code § 22A-1.)

It is unlawful to operate or cause to be operated, an automobile for hire or a taxicab upon any public street within the city without first having obtained a permit so to do in accordance with the provisions hereof, and without complying or having complied with all the provisions of this chapter.

(Prior code § 22A-9.)

Any person desiring to obtain the permit required by Section 5.32.020 shall pay a fee in an amount established by resolution of the city council, and shall make application for such permit to the city manager, which application shall set forth:

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

B. A statement as to whether the permit is desired for an automobile for hire or a taxicab;

C. A description of every motor vehicle which the applicant proposes to use, giving:

1. Vehicle make and model,

2. Motor and serial number,

3. State license number,

4. Seating capacity,

5. Body style;

D. The street number and exact location of the place or places where the applicant proposes to stand each such automobile;

E. Proposed schedule of rates or fares to be charged for carrying passengers in such automobile;

F. The distinctive color scheme, name, monogram or insignia which shall be used on such automobile;

G. If any proposed stand is in the public street, such application shall be accompanied by a written consent thereto of all the occupants of the ground floor of any building in front of which such automobile is to be located, and for twenty-five feet each way therefrom, or if there is no such occupant, by the written consent thereto of the owner or lessee of such building or lot;

H. A copy of the license issued by the Public Utilities Commission for this transportation company shall be attached to the application, if applicable.

(Ord. 92-11 (part), 1992: prior code § 22A-10.)

A. Upon receipt of an application referred to in Section 5.32.030, the applicant shall be subject to the procedures, terms and conditions set forth in Sections 5.04.420 through and including 5.04.480 pertaining to special business permits.

B. At the time set for the hearing of such application, the special business permit committee may examine the applicant and all persons interested in the matter set forth in such application, and shall determine whether or not the public interest, convenience and necessity require the issuance of the permit applied for, and if it be found that the public interest, convenience and necessity require the issuance of the permit applied for, it shall be issued in accordance with this chapter.

C. Any permit issued under this chapter, which has not been previously revoked, may be renewed subject to the procedures outlined in Section 5.04.500 pertaining to special business permit renewal.

D. The following reasons shall be sufficient for denial of such permit:

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

2. That the vehicle or vehicles described therein are inadequate or unsafe for the purposes of which they are to be used;

3. That the color scheme, name, monogram. or insignia to be used upon such automobile shall be in conflict with or imitate any color scheme, name, monogram, or insignia used by any person, firm, or corporation in such manner as to be misleading or tend to deceive or defraud the public;

4. That the location of the stand, as therein stated, is such as to congest or interfere with travel on any public street, or that the proposed stand is within three hundred feet of any other stand theretofore fixed by the city manager on the same street;

5. That the applicant has at some prior time had a permit for the operation of automobile for hire or taxicab revoked for reason;

6. That it shall appear to the city manager that there are a sufficient number of taxicabs and automobiles for hire in the city to fully serve the public, and that the granting of more permits would unduly congest the traffic and interfere with the free use of the public streets by the public, and that the public interest, convenience and necessity do not require the issuance of such permit.

(Ord. 92-29 (part), 1992: Ord. 92-11 (part), 1992: prior code § 22A-11.)

Before a permit shall he issued by the city manager, the applicant shall deliver to the city manager a policy of insurance, executed by a company duly authorized under the laws of the state to operate an insurance business by the provisions of which policy the company promises and undertakes to pay in full all claims, and names the city as an additional insured for damages to persons or property resulting from the operation of the automobile or automobiles referred to in such application. The amount for which liability shall be assumed for injury to or death of one or more persons in any one accident shall be one million dollars with a combined single limit of one million dollars for personal injury, death and property damage in any one accident.

(Ord. 92-11 (part), 1992: prior code § 22A-12.)

Every person, firm, or corporation who engages in the business of operating an automobile for hire or taxicab in the city shall pay a business license fee in the appropriate amount as required by Chapter 5.04 of this title, payable at the time when the application for permit is granted, and annually thereafter.

(Prior code § 22A-13.)

Any permit granted under the provisions of this chapter may be revoked by the city manager either as a whole or as to any car or cars described therein, or as to the right to use any distinctive color, monogram or insignia after five days' notice to the permit holder requiring him to appear at a certain time and place to show cause why such permit should not be revoked for any of the following reasons:

A. That the undertaking provided for in Section 5.32.050 has not been withdrawn or lapsed for nonpayment of premium, or is not in force for any reason;

B. For any nonpayment for any license fee provided by ordinance of the city;

C. For failure to observe any of the rules and regulations or provisions set out in this chapter;

D. For the violation of any of the laws of the state or ordinances of the city by any permit holder, operator, or driver of any automobile for hire or taxicab;

E. For failure to maintain satisfactory service to the public by means of any of the vehicles described in the permit, or for failure to keep any car described in the permit in use for an unreasonable length of time, or for failure to use the distinctive color, monogram or insignia described in the application;

F. For any cause which in the opinion of the city manager makes it contrary to the public interest, convenience and necessity for the permit to be continued.

(Ord. 92-11 (part), 1992: prior code § 22A-15.)

No permit issued under the terms of this chapter shall be transferable either by contract or operation of law without the permission of the city manager having been first obtained, and any such attempted transfer shall be sufficient cause for revocation thereof.

(Ord. 92-11 (part), 1992: prior code § 22A-14.)

A. Any person found guilty of reckless driving, or guilty of any violation of this chapter or guilty of any violation of the Motor Vehicle Act of the state shall be disqualified from driving taxis or automobiles for hire within the city.

B. It is unlawful for licensees under this chapter to permit a taxicab to be driven for hire by any person who has not:

1. Complied with the requirements of the California Vehicle Code as to licensing;

2. Obtained a permit to operate as a taxicab driver issued by the chief of police;

3. Such permit shall contain all the information contained on the operator's driver's license and a picture of the operator and shall be posted in a conspicuous place in the vehicle in which he is operating at all times while he is operating same for the purpose of carrying passengers for hire. Each driver shall be required to present a current permit to any peace or traffic officer upon demand;

4. The chief of police is empowered to require the applicant to be fingerprinted and to establish affirmatively that he is not suffering from, or subject to, the following physical disabilities as a condition to the granting of such permit:

a. Diabetes,

b. Epilepsy,

c. Coronary disease,

d. Mental disorder,

e. Disease or condition of the eyes which cannot be corrected to 20-20 according to the Snellen Chart,

f. Chronic alcoholism.

C. At the discretion of the chief of police, recent investigations performed by other law enforcement agencies for the purpose of issuance of a taxi driver's permit may be substituted for an investigation performed by this agency.

(Ord. 92-29 (part), 1992: prior code § 22A-7.)

A. Licensees under this chapter shall not charge rates greater than those set forth by the special business permit committee.

B. It is unlawful for any licensee under this chapter to charge rates other than those determined by the special business permit committee.

(Ord. 92-11 (part), 1992: prior code § 22A-3.)

In the event that any permit holder desires to change his schedule of rates and charges or the color scheme, name, monogram or insignia used on such automobile for hire or taxicab, or to substitute any vehicle for and in place of the vehicle or vehicles described in the application for permit, or to increase or decrease the number of vehicles used by him as automobiles for hire or taxicab, he shall make application for permission to do so from the city manager, which permission shall be granted if, in the discretion of the city manager, he deems the public interest, necessity and convenience will be served by such change, and if the permit holder has complied with all provisions of this chapter.

(Ord. 92-11 (part), 1992: prior code § 22A-4.)

No charge shall be made by any operator or owner of a taxicab or automobile for hire in excess of the rates posted in the passenger compartment of such car and approved by issuance of the permit.

(Ord. 92-11 (part), 1992: prior code § 22A-2(k).)

It is unlawful for any person to refuse to pay the legal fare for the hire of any automobile for hire or taxicab after having hired the same with the intent to defraud the person from whom it is hired.

(Prior code § 22A-6.)

The following rules and regulations shall be observed by all persons operating taxicabs or automobiles for hire, and it is unlawful to operate such taxicab or automobile for hire in violation of any of the rules set forth in Sections 5.28.150 through 5.28.250.

(Prior code § 22A-2 (part).)

Every automobile for hire and taxicab shall be equipped with a light of not less than two candlepower within such vehicle, so arranged as to illuminate the whole of the passenger compartment, which light shall be constantly lighted at all times while any passenger is in such vehicle (except when the same is in motion) from one-half hour after sunset of any day until one-half hour before sunrise of the next day, and no shades or blinds shall be drawn over the windows of an automobile for hire or taxicab while any passenger is in such vehicle.

(Prior code § 22A-2(j).)

All automobiles for hire and taxicabs shall be kept in good mechanical condition, and shall carry a spare tire at all times.

(Prior code § 22A-2(f).)

No taxicab or automobile for hire shall be operated by any person under the age of twenty-one years, or by any person who does not have a chauffeur's license issued by the state, or by any person under the influence of intoxicating liquors, or by any person while using tobacco in any form, or who is for any reason whatsoever unable or incompetent to safely handle such automobile, or by any person in violation of any law or ordinance now in force or that may be hereafter enacted.

(Prior code § 22a-2(g).)

No automobile for hire or taxicab shall remain standing upon any portion of any public street within the city except for loading and unloading passengers, and then not for a period of more than five minutes, excepting such stands as may be designated by the city manager and described in the application for permit. This section shall not apply to any automobile for hire or taxicab while the same is engaged by and being paid for by a passenger.

(Ord. 92-11 (part), 1992: prior code § 22A-2(c).)

No owner or operator of any automobile for hire or taxicab shall solicit patronage for the same upon any public street, save and except at railroad and interurban depots and within the boundaries of the space to be designated by the chief of police for such purposes.

(Prior code § 22A-2(e).)

Every taxicab shall have posted in the passenger's compartment, a schedule of rates and charges for the hire of such vehicle, and a copy of this section.

(Prior code § 22A-2(i).)

No automobile for hire or taxicab shall be operated unless the passenger compartment be kept clean and in sanitary condition.

(Prior code § 22A-2(l).)

The operator of any taxicab shall carry any passenger engaging the same safely and expeditiously to his destination by the most direct and accessible route.

(Prior code § 22A-2(d).)

All taxicabs and automobiles for hire shall, while carrying passengers, come to a full stop within thirty feet of the nearest rail before crossing any railroad track where no gates are maintained.

(Prior code § 22A-2(b).)

Any person operating a taxicab or automobile for hire shall wear a distinctive hat or cap with a badge in plain sight inscribed with the name of the person to whom the permit has been issued. This section shall not apply to an individual to whom a permit has been issued when driving his own car.

(Prior code § 22A-2(a).)

No owner or operator of any automobile for hire or taxicab shall indulge in unfair competition with competitors or shall commit any fraud upon the public or other persons engaged in the same business, and the city manager shall be the sole judge of what constitutes fraud or unfair competition under the provisions of this section. Any complaints to the city manger of violation of this section shall only be heard upon written complaint specifying the act complained of and sworn to by the complainant before a notary public or other officer authorized to administer oaths.

(Ord. 92-11 (part), 1992: prior code § 22A-2(h).)

Any applicant for a permit under this chapter who desires space to stand a vehicle on the street shall obtain permission of the property owners or occupants, as required in Section 5.28.030, but no applicant shall be entitled to space on the street for more than one automobile for hire or taxicab, and all applicants for permits for more than one vehicle shall be required to provide parking space for the remainder of such vehicles off the street of the city, and shall not be entitled to stand same on public streets longer than necessary to load and unload passengers, except while the vehicle is actually paid for and engaged by a passenger.

(Prior code § 22A-5.)

No automobile for hire shall be designated as a "taxi" or "taxicab," or by any word or phrase using the words "taxi" or "taxicab" in any sign or advertising matter.

(Prior code § 22A-2(m).)

Any person violating any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine or by imprisonment in the county jail for a period of not more than ninety days, or both such fine and imprisonment, and upon conviction the permit issued to any such person, firm or corporation shall be revoked.

(Ord. 92-11 (part), 1992: prior code § 22A-8.)

All permits for automobiles for hire or taxicabs in the city shall be automatically revoked sixty days after this chapter takes effect, but any person owning such permit shall be entitled to a new permit under the terms of this chapter; provided application is made therefor under the terms of this chapter within thirty days after the same takes effect, and provided such applicant complies with the terms thereof, and no fee shall be required to be paid with such application made by the present owner of a permit.

(Prior code § 22A-16.)