Chowchilla Municipal Code Ch. 5.16 Taxicabs and Other Vehicles 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. "Driver" means every person in charge of or operating any passenger-carrying or motor-propelled vehicle, either as agent, employee or otherwise of the owner, as the owner or under the direction of the owner.

B. "Owner" means every person having use or control of any passenger-carrying automobile or motor-propelled vehicle, whether as owner, lessee or otherwise.

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

(Prior code § 20-1)

No person shall engage in the business of operating any taxicab within the city without having obtained a certificate of public convenience and necessity from the city council.

(Prior code § 20-2)

All persons applying to the city council for a certificate of public convenience and necessity for the operation of taxicabs shall file with the council an application therefor on forms provided by the council, stating as follows:

A. The name and address of the owner or person applying;

B. The number of vehicles actually owned and the number of vehicles actually operated by such owner on the date of application, if any;

C. The number of vehicles for which a certificate is desired;

D. The make, type, year of manufacture and passenger seating capacity of each taxicab for which application for a certificate of public convenience and necessity is made;

E. A description of the proposed color scheme, insignia, trade style or any other distinguishing characteristics of the proposed taxicab design;

F. Such other information as the council may require.

(Prior code § 20-3)

A. No certificate of public convenience and necessity shall be granted until the city council, after hearing, declares by resolution that the public convenience and necessity requires the proposed taxicab service.

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

(Prior code § 20-4)

In determining whether the public convenience and necessity require the operation of taxicabs for which application is made, the city council shall hold such public hearing as may be necessary to determine that fact.

(Prior code § 20-5)

Having declared that the public convenience and necessity require the additional taxicab service, the city council shall grant certificates of public convenience and necessity to those persons applying therefor who, in its opinion, are entitled thereto. The council shall in its discretion, determine the number of permits to be granted to any applicant.

(Prior code § 20-6)

No vehicle shall be granted a certificate unless it conforms with all the provisions of this chapter, or unless such vehicle shall have been granted a license to operate as a taxicab in the city prior to the effective date of this chapter.

(Prior code § 20-15)

Before a certificate is issued to any owner, the taxicabs for which such certificate or certificates are requested shall be delivered to a place designated by the city council for inspection, and the city council shall designate agents to inspect such taxicabs and their equipment and accessories to ascertain whether such taxicabs comply with the provisions of this chapter.

(Prior code § 20-12)

A. No taxicab shall be driven or operated in the city unless the owner thereof shall have obtained 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, insuring said owner and covering such taxicab.

B. Each motor vehicle liability insurance policy required hereunder, in addition to the provisions required to be therein under the laws of the state, shall also provide that such policy covers any and all taxicabs which may be driven or operated by or for the owner insured under said policy; such policy shall insure the owner and any other person driving, using or responsible for the use of any taxicab covered by said policy, with the consent, express or implied, of said owner against loss from liability imposed on any of them by law for injury to or death of any person, or damage to property, arising from or growing out of the maintenance, operation or ownership of any taxicab covered by the policy to the amount or limit, exclusive of interest and costs, as follows:

1. Bodily injury insurance with limits of not less than one hundred thousand dollars each person, three hundred thousand dollars each occurrence, and six hundred thousand dollars aggregate; and

2. Property damage liability insurance with limits of not less than twenty-five thousand dollars each occurrence and one hundred thousand dollars aggregate; or

3. Single-limit bodily injury and property damage liability insurance with limits of not less than three hundred fifty thousand dollars each occurrence, and seven hundred thousand dollars aggregate.

C. Should the taxicab permittee not be named insured owner, or should he use a vehicle for a taxicab which is not specifically insured for such use, he shall provide the insurance required above or like fleet or taxicab insurance covering the operation of such vehicle in his taxicab business the same extent and terms as required herein.

D. The permittee shall file with the controller said policy or policies or duplicates thereof. The policy or policies shall provide that they shall not be cancellable except after thirty days' written notice to the city.

(Ord. 295-78 § 9, 1978: prior code § 20-22)

After the service for which a certificate of public convenience and necessity is granted is discontinued or if the person sells or discontinues his business for a period of forty-five days, the certificates granted shall be automatically cancelled and shall be reissued only in accordance with the provisions of this chapter.

(Prior code § 20-7)

Certificates of public convenience and necessity may be suspended or revoked by the city council at any time in case:

A. The council finds the owner's past record to be unsatisfactory;

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

C. The owner ceases to operate any taxicab for a period of forty-five consecutive days without having obtained permission for cessation of such operation from the council;

D. The taxicabs are operated at a rate of fare other than that approved by the council.

(Prior code § 20-8)

The chief of police or any member of the police department under his direction shall have the right, at any time after displaying proper identification, to enter into or upon any certificate taxicab for the purpose of ascertaining whether or not any of the provisions of this chapter are being violated.

(Prior code § 20-13)

All taxicabs or other vehicles employed in the city for the purpose of transporting passengers for hire, except vehicles operating from a fixed terminal over regular routes, shall be equipped with and carry a sign in the rear or the front part of such vehicle bearing the word "Taxi," the letters of which shall not be less than five inches in height.

(Prior code § 20-11)

Any taxicab which is found, after any inspection pursuant to this chapter, 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.

(Prior code § 20-14)

A. It is unlawful for any person to drive or operate any of the vehicles mentioned in Section 5.16.010 without first obtaining a permit in writing to do so from the chief of police of the city.

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

(Prior code § 20-16)

No taxicab driver's permit shall be issued to any of the following persons:

A. Any person under the age of eighteen years;

B. Any person not a citizen of the United States or who has not lawfully declared his intention to become such;

C. Any person who has been convicted of a felony or a crime involving moral turpitude;

D. Any person who has been convicted of driving a vehicle recklessly or while under the influence of intoxicating liquors or narcotics within the preceding four years;

E. Any person not validly licensed by the state for the operation of a taxicab.

(Prior code § 20-17)

The maximum rates to be charged by taxi operators operating in and licensed by the city shall be established from time to time by resolution of the city council.

(Ord. 317-81, 1981: prior code § 20-9.1)

It is unlawful for the owner or driver of any taxicab as defined in Section 5.16.010 to fix or charge or collect a rate in excess of those rates duly established from time to time by resolution of the city council.

(Prior code § 20-9)

Any driver employed to transport passengers to a definite point shall take the most direct route possible that will carry the passenger to his destination safely and expeditiously.

(Prior code § 20-18)

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.

(Prior code § 20-20)

Every taxicab driver shall, if requested, give a correct receipt upon payment of the correct fare.

(Prior code § 20-19)

A. The city council may, by resolution, locate and designate taxicab stands, which stands, when so established, shall be appropriately designated "Taxis Only."

B. The chief of police of the city, subject to the approval of the city council, shall locate and designate taxicab stands which, when so established, shall be appropriately designated "Taxis Only."

C. Such stands and permits issued to any owner under this chapter shall be nontransferable.

(Prior code § 20-21)

Any person violating any of the provisions of this chapter shall, upon conviction thereof, in addition to any fine or imprisonment imposed for such violation, forfeit any permit issued to him pursuant to this chapter.

(Prior code § 20-23)

A taxicab permittee shall, and by acceptance of his permit does, keep and hold the city free and harmless from any and all claims, costs, liability, damages or expenses, including costs of suit and fees and expenses for legal services, on account of any damages claimed by a third party, including such claims by agents or employees of the city or of the permittee, to have been sustained in or about any taxicab stand established or maintained by or for taxicabs, 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 omitted to be done by the permittee, or by anyone claiming or acting under the permittee.

(Ord. 295-78 § 15, 1978: prior code § 20-22.1)