Clearlake Municipal Code Art. 6-6 Taxicabs and for-Hire Vehicles

Prior ordinance history: Ordinance No. 34.

CITY means the City of Clearlake, California. DRIVER means every individual who: (1) operates any taxicab or vehicle for hire as an operator or an employee of an operator; (2) independently owns the taxicab or vehicle for hire and operates under the auspices of such operator; or (3) has independently contracted with such operator to operate the taxicab or vehicle for hire pursuant to a lease, license or any other form of agreement. EMPLOYEE shall mean and include any person who is self-employed as an independent driver. MOTOR VEHICLE means every motor vehicle used for public hire propelled by mechanically produced power and intended for use on public streets and highways, except vehicles operated by a publically owned or operated transit system, or under contract with a publically owned or operated transit system (excluding taxicabs operated under contract with a publically owned or operated transit system), or by a consolidated transportation services agency, including without limitation, transit buses, general public paratransit vehicles, paratransit vehicles, and specialized transportation vehicles, as those terms are defined by the California Vehicle Code. OPERATOR means any entity engaged in the business of providing vehicles for the purpose of carrying passengers in a taxicab or other vehicle for hire, whether comprised of an individual, group of individuals, partnership, limited partnership, joint venture, corporation or any other organizational structure. TAXICAB means a motor vehicle which is designed for carrying not more than eight (8) passengers, excluding the driver, which is used in the transportation of passengers over the public streets of the City and operated at rates per mile, per destination, per mile and destination, or any other rate structure irrespective of whether the operations extend beyond the limits of the City, and which is made available for hire on call or demand, by any means. VEHICLE FOR HIRE means any motor or electric vehicle which is offered to the public for hire with the services of a driver, which is used for the transportation of passengers over the public streets of the City, irrespective of whether such operations extend beyond the boundary limits of the City, at rates per distance, per trip, per hour, per day, per week, per month, or by any other rate structure. “Vehicle for hire” shall not include a charter-party carrier of passengers within the meaning of the Passenger Charter-party Carriers’ Act, Article 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code. “Vehicle for hire” includes taxicabs. (Ord. #2013-140)

a. No person, corporation, partnership, cooperative, business, fictitious name or dispatch center shall engage in the business of operating any kind of taxicab or vehicle for hire within the City, without an operator’s permit, driver’s permit and vehicle permits issued by the City. Each permit shall be valid for one (1) year, unless suspended or revoked and must thereafter be renewed. Such permits shall not be assigned, sold or transferred to another operator, driver or vehicle. b. City Council shall set by resolution the fees required for obtaining operator’s, driver’s and vehicle permits, including, but not limited to, fees for fingerprinting and vehicle inspections, and such fee shall be imposed on each operator, employee and driver. It shall be unlawful to operate or allow to be operated a taxicab or vehicle for hire without payment of all permit fees. c. Every person holding a permit issued under this section shall at all times keep the City notified of his or her current address and shall notify the City in writing within ten (10) days of address change. (Ord. #2013-140)

a. Any person or entity seeking to operate a business providing taxicab or vehicle for hire service shall submit an application in writing, signed by the operator under penalty of perjury, and shall set forth all information required in the application, including but not limited to the following: 1. Name and address of each operator applying to operate taxicabs or vehicles for hire; 2. Fictitious business name of the operator, if any; 3. Mailing address and business telephone number of the operator; 4. Name, address, age and driver’s license number of each employee who will be driving the operator’s vehicles; 5. Total number of vehicles to be operated in the City under the operator’s permit and, for each of such vehicles the manufacturer, model year, vehicle type, vehicle identification number (“VIN”), license plate number, passenger capacity and proof of commercial registration; 6. Description of the color scheme, insignia, trade style and/or any other unique characteristics of the taxicab or vehicle for hire design and placement of City required markings and company markings; 7. The street address(es) from which the operator conducts or will conduct the taxicab or vehicle for hire business; where dispatch will be conducted; and each location at which the business’ vehicles will be garaged; 8. Prior experience of the operator in a taxicab or vehicle for hire business, including the details of any prior permit denial, revocation or suspension by any public agency of any type of operator’s or driver’s permit, license or certificate;

A certification that no driver employed or to be employed by the operator has been convicted of driving under the influence of alcohol or drugs in any state within five (5) calendar years preceding the date of application; 10. Rates to be charged to the public throughout the term of the operator’s permit; 11. Federal taxpayer identification or social security number of the operator; 12. Satisfactory proof of insurance as provided in subsection 6-6.8 of this section for each driver and vehicle to be operated in the City under the permit; 13. Satisfactory evidence that the operator has complied and currently complies with the provisions of California Government Code Section 53075.5(b)(3), or any successor provision, pertaining to pre-employment and periodic testing of drivers for controlled substances and alcohol, and with provisions pertaining to payment for drug and alcohol testing programs and related reporting requirements. The operator must also provide satisfactory evidence from a City-approved lab that each driver who will operate a taxicab or vehicle for hire within the City has tested negative for drugs and alcohol as required by Section 53075.5; 14. Unless otherwise provided by law, evidence that the operator has procured worker’s compensation insurance covering all drivers to be employed by the operator; 15. Submission of Department of Motor Vehicles (“DMV”) Pull Notice Program Requestor Code Number, as defined in Vehicle Code Section 1808.1, issued to the operator. As a condition of accepting an operator’s permit, the operator is required to notify the City immediately if it receives a DMV Pull Notice on one of its drivers that would affect that person’s driver’s permit. In the event a driver’s DMV record indicates that a driver no longer qualifies for a driver’s permit, the operator must require the driver to surrender the driver’s permit to the Chief of Police. DMV Pull Notice records must be made available for review by the City upon request; 16. Submission of records of any convictions in any court of any state of the United States or in any United States court with respect to any operator or driver identified in the operator’s permit application; including any such convictions following a plea of no contest or nolo contendre. City Council specifically authorizes the Chief of Police or designee to receive State and local summary criminal history information in fulfilling his licensing duties under this section; and 17. Satisfactory proof that the business will be operated in compliance with all provisions of this section. b. An operator’s permit shall be granted unless: 1. The operator fails to submit a complete application; 2. The operator makes any omission, untrue statement or material misrepresentation in the application or provides fraudulent documentation with the application; 3. The operator has violated this section within the last three (3) years;

The public convenience is not served; 5. The Chief of Police makes a written determination, based upon findings of fact, that the operator is not morally or financially responsible; 6. Any vehicle proposed to be operated lacks the required equipment, is improperly licensed or is unsafe; 7. There is an absence of satisfactory proof that the taxicab or vehicle for hire operator will comply with the provisions of this section. 8. Additional taxicab or vehicle for hire service will have a detrimental effect on traffic and parking within the City or will otherwise be contrary to the public welfare; 9. The operator has been convicted of any felony offense or of any misdemeanor offense involving moral turpitude, sexual assault, violence, theft or fraud, including any such convictions following a plea of no contest or nolo contendre, taking into consideration the nature of the conviction, the age of the operator at the time of the conviction, any evidence of rehabilitation and the relationship of the conviction to the propriety of the operator operating a taxicab or vehicle for hire; or 10. The operator has not otherwise complied with this section. c. The issuance of an operator’s permit is conditional upon such owner ensuring that each taxicab or vehicle for hire operated by such operator has a vehicle permit issued by the City and each driver of such taxicab or vehicle for hire has a driver’s permit issued by the City. The operator shall notify the City immediately upon termination of employment of an employee hired to operate a taxicab or vehicle for hire in the City. (Ord. #2013-140)

a. No taxicab or vehicle for hire shall operate in the City without a vehicle permit from the City. Application for a vehicle permit shall be in writing, signed by the operator or employee under penalty of perjury, and shall set forth all information required, including, but not limited to the following: 1. A copy of the State vehicle registration under operator’s or employee’s name, license plate number and corresponding vehicle identification number of each vehicle to be operated in the City; 2. Make, model or type, year of manufacture and passenger-seating capacity of each motor vehicle for which such application is made; and 3. Certificates of insurance from the insurance carrier verifying the coverage required in subsection 6-6.8 of this section for each vehicle to be operated in the City. b. A vehicle permit shall be granted unless: 1. The operator fails to submit a complete application;

The operator makes any omission, untrue or material misstatement or provides fraudulent documentation with the application; 3. The operator has violated this section within the last three (3) years; 4. There is an absence of satisfactory proof of compliance with the provisions of this section. c. An applicant for a vehicle permit must hold a valid operator’s license issued pursuant to this section and must ensure that any driver of a taxicab or vehicle for hire has been issued a driver’s permit pursuant to this section. (Ord. #2013-140)

a. Any person seeking to operate a taxicab or vehicle for hire as a driver shall apply for a permit in the manner set forth herein. The application shall be in writing, signed by the driver under penalty of perjury, and shall set forth all the information required in the permit application form including, but not limited to, the following: 1. Name, age and address of the applicant; 2. Any convictions in any court of any state of the United States or in any United States court, including any conviction following a plea of no contest or nolo contendre. City Council specifically authorizes the Chief of Police or designee to receive State and local summary criminal history information in fulfilling the licensing duties under this section; 3. Applicant’s past experience in operating a motor vehicle; 4. Applicant’s current California Class C driver’s license number and a photocopy of that license; including any endorsement pursuant to Vehicle Code Sections 15275 and 15278 to operate a commercial motor vehicle; 5. Name and address of all employers during the five (5) calendar years preceding the application; 6. The disclosure of whether any State driver’s license, taxi driver’s permit or commercial or chauffeur’s driver’s license, issued by the State of California or any state or governmental agency, held by the applicant has ever been revoked or suspended, and the reasons therefor; 7. Name and address of the operator by whom he or she is employed as a driver, or for whom he or she intends to operate a taxicab or vehicle for hire; 8. Current certificate of negative test for drugs and alcohol from a City-approved lab, as required by Government Code Section 53075.5; 9. Two (2) recent photographs of the driver (size one and one-half (1 1/2") inch by one and one-half (1 1/2") inch), one (1) to be filed with the application and one (1) to be permanently attached to the driver’s permit when issued;

10. State Department of Motor Vehicles driving record report;
11. A list of all jurisdictions in which the applicant is permitted to operate a taxicab or vehicle for hire, including the identification number and expiration date of each permit;
12. Satisfactory proof that the insurance required by subsection 6-6.8 of this section covers the driver when operating the taxicab or vehicle for hire;
13. Assent to fingerprinting, which shall take place prior to the issuance of the driver’s permit; and
14. Any other information the City may require which is reasonably related to the application for the driver’s permit. b. A driver’s permit shall be granted unless:

The applicant fails to submit a complete application; 2. The applicant makes any omission, untrue or material misstatement or provides fraudulent documentation with the application; 3. Within the preceding five (5) years DMV records of any state of the United States indicate that the department has taken administrative action which resulted in actual suspension or revocation of the applicant’s driver’s license, unless such suspension or revocation was based on a nondriving related matter; 4. The applicant has violated this section within the last three (3) years; 5. There is an absence of satisfactory proof that the taxicab or vehicle for hire will be operated in compliance with the provisions of this section; 6. The applicant has failed to maintain a valid California driver’s license; 7. The applicant has been convicted of any felony offense, or of any misdemeanor offense involving sexual assault of any kind, violent behavior, moral turpitude or theft or fraud, including any such convictions following a plea of no contest or nolo contendre, taking into consideration the nature of the conviction, the age of the applicant at the time of the conviction, any evidence of rehabilitation and the relationship of the conviction to the propriety of the applicant operating a taxicab or vehicle for hire; or 8. The Chief of Police makes a written determination, based upon written findings of fact, that the applicant is a negligent or incompetent operator of a motor vehicle, such that the public health, safety or welfare would be placed at risk by issuance of the driver’s permit. c. The issuance of a driver’s permit is conditional upon the driver ensuring that he or she will only operate a vehicle which has received a valid vehicle permit for an operator who has received a valid operator’s permit. d. The driver’s permit shall become void upon termination of such driver’s employment driving a taxicab or vehicle for hire, including termination of self-employment as an independent driver, and the driver shall immediately return the driver’s permit to the City upon such termination of employment.

e. The issuance of a driver’s permit is conditioned upon the driver complying with the mandatory controlled substance and alcohol testing and program certification set forth in Government Code Section 53075.5. (Ord. #2013-140)

The Chief of Police may, following twenty-four (24) hours notice, unless otherwise provided in this section, suspend any permit issued under this section if: a. A taxicab or vehicle for hire is operating without required insurance or registration or is being operated by an unlicensed or unpermitted driver; b. A fact exists which would have been grounds for refusing to issue the permit; c. There has been a violation of any of the terms of this section; d. There is damage to, or mechanical malfunction of, a taxicab or vehicle for hire such that it cannot be operated safely; or e. Failure of the owner or driver to pay, when due, any applicable taxes, fees, fines or penalties imposed by the City pursuant to this section. A permit suspension shall be lifted upon a showing that the violations have been corrected. If no such showing is made within a reasonable time, depending on the type of violation, the City may issue a notice of revocation and proceed as set forth in this section. It shall be unlawful for the permittee to exercise any of the rights granted under this section during the time that the permit is suspended, provided that the notice of suspension contains facts supporting a finding that the continued operation of the business, the continued operation of a taxicab or vehicle for hire, or possession of a driver’s permit represents an unsafe condition for the public, and the Chief of Police so concludes. (Ord. #2013-140)

a. Any permit issued by the City under this section may be revoked by the Chief of Police for any of the following reasons including but not limited to the following: 1. The existence of any fact which, at the time of application, would have caused the Chief of Police to deny the application, whether such fact existed at the time of the application or occurred thereafter; 2. 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 taxicab or vehicle for hire;

A motor vehicle accident resulting in injuries to persons or property caused by the culpable act or omission of the driver or operator; 4. Failure to pay any judgment for damages arising out of the unlawful or negligent operation of any taxicab or vehicle for hire; 5. Failure to maintain insurance as required by this section; 6. Failure to maintain a taxicab or vehicle for hire in a safe and sanitary condition such that the vehicle could pass, at any time throughout the permit period, the inspection required for the issuance of a vehicle permit; 7. Failure to pay, when due, any applicable taxes, fees, fines or penalties imposed by the City; or 8. Any violation of this section. b. The permit holder shall be entitled to appeal the City’s decision to revoke or suspend the permit by filing a written notice of appeal with the City Clerk within ten (10) days from the date the notice of revocation is mailed. The appeal shall set forth the reasons why the permit holder is alleging such action was not proper. Failure to set forth specific reasons why the action is improper or to timely file such appeal shall constitute a waiver of the right to appeal, and the proposed adverse action shall become final. If the permit holder files a timely request for appeal, a hearing shall be held with at least ten (10) days written notice of the hearing date, time and location to the appellant. The hearing shall be conducted by the City Council. The appellant shall be entitled to present evidence and testimony in this hearing and the City Council’s decision shall be final. Pending the appeal hearing it shall be lawful for the permit holder to operate his or her business or operate a taxicab or vehicle for hire unless the permit at issue has been suspended, with a finding by the Chief of Police that continued operation represents an unsafe condition for the public. If the notice of revocation is affirmed on appeal, the permit at issue immediately shall be revoked and surrendered to the City. Any operator or driver whose permit has been revoked shall not be eligible to apply for another permit for three (3) years after the effective date of revocation. City council may establish by resolution a fee for such appeals. (Ord. #2013-140)

Unless otherwise provided by State law, in which case the insurance requirements of State law shall prevail and apply, to obtain an operator’s permit from the City, the operator must demonstrate that it maintains at its sole cost and expense liability insurance meeting the following requirements: a. Separate commercial automobile liability insurance for each vehicle proposed to be operated within the City pursuant to the operator’s permit, with at least the following limits of liability:

Primary Bodily Injury with limits of at least $250,000.00 per person and $1,000,000.00 per occurrence; and Primary Property Damage of at least $100,000.00 per occurrence; or 2. Combined single limits of $1,000,000.00 per occurrence. b. Unless otherwise provided by law, evidence that the operator has procured workers compensation insurance covering all drivers to be employed by the operator. c. Required insurance must be issued by companies admitted to do business in California, rated “B+” or better in the most recent edition of Best’s Key Rating Guide, and of a financial category Class VII or better. d. The City, its officers, officials, agents and employees must be named as additional insureds under the automobile liability policy. e. Each policy of required insurance shall provide or be endorsed to provide that no termination, cancellation or change of coverage can be made without thirty (30) days’ written notice to the City. f. Each policy of required insurance shall provide or be endorsed to provide that the insurance maintained by the operator shall be primary and any insurance maintained by City shall not be called upon to contribute in any way. g. The operator must provide a true and correct copy of the entire policy, including copies of all endorsements to the Chief of Police prior to issuance of a permit, and within twenty four (24) hours of a request by the Chief of Police therefor anytime thereafter. h. If at any time the entire insurance policy or any portion thereof expires without immediate proof of renewal, the operator’s permit shall be immediately suspended. The Chief of Police is hereby authorized to enforce such suspension upon receiving written notice that no proof of renewal or reinstatement has been submitted by the holder of an operator’s permit. i. The operator’s permit issued under this section shall be automatically revoked upon cancellation of the insurance policies or coverage required under this section. The reinstatement of insurance policies or coverage after a third cancellation within a twelve-month period shall not obligate the City to renew the operator’s permit upon request to do so. (Ord. #2013-140)

As a condition of receiving an operator’s permit, and prior to the issuance thereof, the operator shall execute and submit to the Chief of Police, a statement agreeing to indemnify, defend and hold harmless the City, its officers, officials, agents and employees from and against any and all liability, expenses, including defense costs and legal fees, and claims for damages of any kind or nature whatsoever, including, but not limited to, those arising from bodily injury, death, personal injury, property damage, loss of use or property loss, however the same may be caused and regardless of the responsibility for negligence. The obligation to indemnify, defend and hold harmless will include, but not be limited to, any liability or expenses, including defense costs and legal fees, and claims for damages of any kind or nature whatsoever arising from the intentional or actively or passively negligent acts or omissions or willful misconduct of the operator, its officers, employees, agents, joint venturers, subcontractors or vendors. The operator’s obligations to indemnify, defend and hold harmless will apply even in the event of concurrent negligence on the part of the City, its officers, officials, employees or agents, except for liability resulting solely from the gross negligence or willful misconduct of the City, its officers, officials, employees or agents. Payment by the City will not be a condition precedent to enforcement of this indemnity. In the event of a dispute between the operator and the City as to whether liability arises from the sole gross negligence or willful misconduct of the City, its officers, officials, employees or agents, the operator will be obligated to pay for the defense of the City, its officers, officials, employees and agents, including but not limited to, attorney’s fees, expert fees and costs of litigation, until a final judgment has been entered adjudicating the City, its officers, officials, agents or employees, as solely grossly negligent or guilty of willful misconduct, and the operator shall not be entitled to reimbursement of these costs. This indemnity will apply regardless of whether the City approved an operator’s vehicle or driver’s permit or whether the City inspected or approved any vehicle used in conjunction with a permit. (Ord. #2013-140)

a. All drivers shall carry their license to operate a motor vehicle in the State of California at all times while operating a taxicab or vehicle for hire in the City. b. All taxicabs and vehicles for hire within the City shall carry the State Department of Motor Vehicles registration in the vehicle at all times and all such vehicles shall be registered in the name of the operator or the driver to whom a permit has been issued. c. Every taxicab or vehicle for hire shall have conspicuously displayed in full view of the passenger or passengers a card not less than two inches by four (2"x4") inches in size which shall have stated thereon the name of the operator, together with the business address and telephone number of the business, and the identifying number of such vehicle, and also the rates of fare to be charged for the use of such vehicle. Rates of fare are also to be conspicuously displayed in both the front and rear of the interior of the taxicab or vehicle for hire. d. The 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, the driver’s permit number, the name of the operator which employs the driver and the telephone number of the business. (Ord. #2013-140)

a. It shall be unlawful to operate a taxicab or vehicle for hire within the City which does not have printed or placed upon the exterior of the taxicab or vehicle for hire in a visible, clear and conspicuous location the name and telephone number of the operator. All such lettering shall be in letters not less than two (2") inches in height and of a color in contrast to the color of the taxicab or vehicle for hire. In addition, the dome light markings shall read the same as the operator’s name or fictitious name written upon the vehicle or only shall read “Taxi.” In addition, every taxicab or vehicle for hire shall have printed or placed upon the exterior in conspicuous letters of the same color not less than three and one half inches in height, of a color in contrast to the color of the taxicab or vehicle for hire, the number of such taxicab or vehicle for hire, which numbering shall be printed or placed on each side of the vehicle on the leading edge of the front door and on the rear of the trunk. 1. The taxicabs or vehicles for hire of each operator holding a permit under this section shall be numbered from number one to a number corresponding with the total number of taxicabs or vehicles for hire for which said permit has been issued. Such vehicle numbers shall be given to the City in writing at the time of the making of the application for a permit and must be approved by the Chief of Police. (Ord. #2013-140)

a. Every taxicab and vehicle for hire authorized by City permit shall be equipped with the following equipment: 1. A trunk device which will permit the opening of the trunk lid from the inside of the trunk; 2. A permanent fixture to display the taxicab or vehicle for hire driver’s permit in prominent view of the passengers; 3. No fewer than four (4) working doors, except that a handicapped accessible mini-van may be used; 4. A fire extinguisher; 5. Four (4) flares; 6. At least two (2) emergency reflectors; 7. Spare tire and jack; 8. Windows which patrons can open from the inside; 9. Working headlights, taillights, turn-signals, back-up lights and brake lights; 10. Safety belts for every passenger seat in good working order for use of passengers. b. It shall be unlawful for any operator, employee or driver to operate any taxicab or vehicle for hire while the same or any of the equipment used thereon or therewith is in a defective, unsafe or unsanitary condition. (Ord. #2013-140)

a. Any City official charged by the Chief of Police with the authority to enforce this section shall have the right, after displaying the proper identification, to enter into or upon any permitted taxicab or vehicle for hire in the City for the purpose of ascertaining whether or not any of the provisions of this section are being violated. The scope of this inspection is limited to determining compliance with the requirements of this section and may be done without notice, warrant or individualized suspicion of wrongdoing. b. There shall be no vehicle repair or other maintenance performed on any vehicle operated under the provisions of this section in any portion of a City right-of-way. (Ord. #2013-140)

a. The City Council may set by resolution the maximum rates to be charged by any taxicab and/or vehicle for hire per mile and per minute of waiting time or traffic delay time. In the event such a resolution is adopted, it shall be unlawful for the taxicab or vehicle for hire operator or driver to fix or charge or collect or receive a rate in excess of the rates established and set by resolution of the City Council. Any charge or rate in excess of the rate set by resolution of the City Council shall be cause for revocation of said operator’s or driver’s permit. b. The operator or driver who overcharges a taxicab fare shall be personally liable to the person who hires the taxicab for the difference between the amount of the fare actually charged and the amount of the fare authorized by this section. (Ord. #2013-140)

a. It is unlawful for the driver of any taxicab or vehicle for hire to solicit fares by misrepresenting in any manner the identity of the operator of the taxicab or vehicle for hire, and it is unlawful to misrepresent the location of, travel time or distance to any destination. b. It is unlawful for the driver of any taxicab or vehicle for hire to interfere in any manner with any person who is negotiating for, or inquiring about, transportation or employing a taxicab or vehicle for hire. c. It is unlawful for a driver or operator to refuse a prospective fare based on the distance of the route for which the service is requested (except where that distance exceeds a total of fifty miles beyond the City limits of the City of Clearlake), or to take any action that discriminates against or actively discourages a prospective fare solely on the basis of race, creed, color, age, sex, sexual orientation, national origin or physical disability, including use of service animals. (Ord. #2013-140)

a. A taxicab or vehicle for hire is authorized to provide exclusive ride service, which shall mean exclusive use of a taxicab by one or more passengers at a time, and shared ride service, which shall mean non-exclusive use of a taxicab by two (2) or more unrelated passengers, traveling between different points of origin and/or destination and traveling in the same general direction.

b. Flag loads, meaning passengers soliciting a taxicab or vehicle for hire at random points on the street, may be picked up at any location within the City except when it is apparent that the prospective fare has already phoned for a taxicab or vehicle for hire operated by another person or firm and is waiting for such taxicab or vehicle for hire to arrive. c. Solicitation of fares is permitted when located at areas as may be declared open to solicitation by all properly permitted operators or drivers. No driver of any taxicab or vehicle for hire shall seek employment by repeatedly driving his or her vehicle back and forth in a short space in front of, or by otherwise interfering with, the proper and orderly access to or egress from any theater, hall, hotel, or other place or public gathering; or by leaving his or her vehicle or otherwise, approaching and soliciting patronage by any pedestrian upon the sidewalk, in any theater, hall, hotel, or street loading point. d. All persons other than the driver shall ride in the passenger compartment of the taxicab or vehicle for hire, except passengers who are physically disabled, are unable to get into the passenger compartment or have extreme difficulty in doing so, and except where there are more passengers than can be accommodated in such compartment or where it is necessary to have someone seated with the driver in connection with the normal operation of the taxicab or vehicle for hire. e. The driver of a taxicab or vehicle for hire employed to carry passengers to a definite point shall take the most direct route possible that will carry the passengers safely, lawfully and expeditiously to said destination. f. Persons engaging a taxicab or vehicle for hire shall be entitled to have such valises, small hand baggage or wheel chairs as can be conveniently carried within the vehicle loaded, conveyed and unloaded without charge. g. Every operator approved to operate under the provisions of this section shall regularly and daily operate his or her business to the extent reasonably necessary to meet the public demand for service. Upon abandonment of such business for a period of thirty consecutive days by such operator, a permit to operate under this section may be revoked. h. Smoking shall be prohibited in taxicabs and vehicles for hire. The driver of said vehicle shall promptly direct any passenger smoking in a taxicab or vehicle for hire to promptly and safely extinguish any cigarette or other smoking device. The refusal of any passenger to extinguish a cigarette or other smoking device shall constitute sufficient reason for the driver to immediately suspend service to the passenger. i. Every owner or driver of a taxicab or vehicle for hire operated on a highway shall maintain safety belts in good working order for the use of all occupants of the vehicle. The driver of a taxicab or vehicle for hire shall not operate the taxicab or vehicle for hire unless passengers four (4) years of age or over and weighing forty (40) pounds or more, in the front seat, are properly restrained by a safety belt. The driver of a taxicab or vehicle for hire shall require all passengers to be properly restrained by a safety belt when the taxicab or vehicle for hire is being driven on a public highway. (Ord. #2013-140)

Taxicabs and vehicles for hire which are not permitted in the City and whose place of business is not in the City, may bring passengers into the City but may not solicit any passenger in the City for any destination, within or outside of the City. (Ord. #2013-140)

By providing for the regulation of taxicabs, vehicles for hire and drivers in the manner provided for in this section, the City is only protecting the general welfare. It is neither assuming nor imposing on the City, or its officers, officials, agents or employees, any obligation for which there may be liability and money damages to any person who claims that such breach proximately caused injury. (Ord. #2013-140)

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this section. Any person violating any provision of this Chapter shall be deemed guilty of an infraction. (Ord. #2013-140)