Colton Municipal Code Ch. 5.48 Taxicabs

A. For the purpose of this chapter the Following terms Shall have the Following meanings unless from the particular context it clearly appears that some other meaning is intended:

1. "Carrier" means and includes every Person, firm, corporation, partnership, joint venture or other form of Business organization engaged in operating, or causing to be operated, any Taxicab.

2. "Driver's Permit" means the Permit issued by the Chief of Police to any Person to operate or to drive a Taxicab as defined by this chapter.

3. "Taxicab" includes every Vehicle Used for the public transportation of passengers for hire, over the Streets of the City, but not over defined routes, and not on a shared-ride basis. Dial-A-Ride is not a Taxicab. Dial-A-Ride is not included. Ambulance is not included.

4. "Taximeter" means mechanical instrument or device by which the charge for hire of a Taxicab is mechanically calculated, either for distance traveled, or for waiting time, or both, and upon which such charge is plainly registered by means of figures, including dollars and cents.

B. Words Used in this chapter in the present tense include the future; words Used in the masculine gender include the feminine and neuter; and the singular number includes the plural, and the plural, the singular.

(Ord. 0-4-87 § 1, 1987)

This chapter supersedes Resolution 3313 with regards to Taxicabs. This chapter does not regulate Dial-A-Ride or Ambulances. The adoption of this chapter does not invalidate the provisions of Resolution 3313 as to Ambulances or Dial-A-Ride. Existing Taxicab Permits Shall remain valid. Carriers holding Permits as of the effective date of the Ordinance codified in this chapter May continue to operate pursuant to such Permits. They Shall in all respects comply with the requirements hereof on and after sixty Days from the date the Ordinance codified in this chapter becomes effective.

(Ord. 0-4-87 § 12, 1987)

It is unlawful to operate a Taxicab, as herein defined, upon any Street within the City without having obtained a Permit to do so in accordance with the provisions of this chapter.

(Ord. 0-4-87 § 2, 1987)

A. Any Carrier desiring to operate a Taxicab Shall file a petition therefore with the City Clerk. Such petition Shall be duly verified. Said petition Shall set forth the Following information:

1. Name, age, and address of the petitioner, 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 all of its officers together with their respective residence addresses; or if a partnership, association or unincorporated company, then the names of the partners or Persons comprising the partnership, association or company, together with their respective ages and residence addresses;

2. The trade name or style, if any, under which the petitioner proposes to operate;

3. Full information pertaining to the extent, character and nature of the proposed operation;

4. The manner, i.e., on-call twenty-four hours per Day, Colton telephone number, proposed rates, etc., in which such proposed operations are to be conducted;

5. The type, model, number, capacity and condition of the Vehicles proposed to be operated;

6. The petitioner, at the time of filing the petition with the City Clerk, Shall also submit an Approved inspection sheet, completed during the past twelve Months, prior to filing of the petition, for each Vehicle to be operated within the City limits. This inspection sheet will be completed by a mechanic as certified by the State of California Bureau of Consumer Affairs. The mechanic Shall be qualified and independent. The mechanic Shall not be an Employee of petitioner. The inspection site May be either in the City in which the petitioner's principal place of Business is located or in the City. This inspection sheet will include, but not be limited to, the condition of the Following items: current appropriate State of California registration; compliance with California Vehicle Code Section 27908, Carrier identification of Vehicle, headlights, windshield wipers, horn, turn signals, doors, glass, body, paint, identification number, identification lights, meter and seal, cleanliness and sanitary condition, tires, tail and brake lights, fuses and red lanterns, brakes, mechanical, chart of rates. This inspection sheet Shall also include the date of inspection, Vehicle number, license number, speedometer reading, Permit number. It Shall also include any other pertinent remarks by the inspector, his signature and his authority to complete this inspection;

7. A full statement of the petitioner's assets and liabilities.

B. At or before the time said petition is filed with the City Clerk, the petitioner Shall have paid to the Finance Department, a nonrefundable filing Fee of five hundred dollars, plus fifteen dollars for each Vehicle proposed to be covered by the Permit.

C. The City Clerk Shall, upon receipt of such petition, forward the same to the Chief of Police, who Shall make a full and complete inquiry into the facts set forth therein, and who Shall recommend to the City Council as soon as reasonably possible the granting or denying of a Permit upon the proposed terms, or upon terms other than proposed. The City Council Shall conduct a Public Hearing on the Application. The City Council May issue or deny the Permit and May approve, disapprove or modify the recommendations of the Chief of Police.

D. Anything therein to the contrary notwithstanding, no Permit issued hereunder Shall be effective until and unless the petitioner Shall pay all Business License Fees and comply with all other rules, regulations, statutes, resolutions and Ordinances appertaining thereto.

(Ord. 0-4-87 § 3, 1987)

A. Permittees Shall comply with California Vehicle Code Section 27908. Permits and certificates issued by the City Shall be affixed and displayed on Taxicabs as required by the Chief of Police. Each Taxicab Shall be clearly identified with exterior markings which are different and distinct from any other Permittee as Approved by the Chief of Police and includes a distinctive scheme of color and Design and the telephone number and name of Permittee.

B. The Chief of Police May suspend any Permit referred to herein where the Permittee violates any Law or does not comply with the terms of this chapter, or commits fraud of any nature upon the general public, or for any reason for which a Permit May be refused as set forth hereinbefore; provided, however, that no such suspension Shall be in effect for a period longer than from the time of suspension to the time of the next regular City Council meeting when the City Council May legally consider the suspension and act thereon.

C. As soon thereafter as practicable, the Council Shall have a hearing in reference thereto. Such Permittee May demand and receive from the City Clerk a Written certified statement as to the reasons for such suspension at any reasonable time prior to such meeting. The Council May revoke a Permit after the hearing.

(Ord. 0-4-87 § 4, 1987)

Each petitioner operating pursuant to this chapter Shall have ability to respond in damages resulting from the ownership or operation of Vehicles and arising by reason of personal injury to, or death of, any one Person of at least one hundred thousand dollars, and of at least three hundred thousand dollars for such injury to, or death of, two or more Persons in any one accident, and for damages to Property of at least fifty thousand dollars resulting from any one accident. Ability to respond in damages May be maintained by any of the procedural alternatives set forth in California Vehicle Code Section 16500. Certificates of insurance Shall be filed with the City Clerk. Said insurance policy Shall name the City as an additional insured.

(Ord. 0-4-87 § 5, 1987)

A. It is unlawful for any Person to drive, operate or be in charge of any Taxicab operated under this chapter without first having obtained a Driver's Permit, issued pursuant to this chapter, to do so.

B. At the time of Application for said Driver's Permit, the Applicant Shall have paid to the Finance Department a nonrefundable Fee of twenty dollars to cover the expenses incurred.

C. No Driver's Permit Shall be issued to any Person not duly licensed under the California Vehicle Code with a valid Class 3 Driver's license, to drive the type of Vehicle for which the Permit is granted. If, for any reason the Class 3 Driver's license is void, then said Driver's Permit Shall also be void. Without limitation of the foregoing, a Driver's Permit May be denied to any Person convicted of a felony within five Years immediately Preceding his Application or convicted on two occasions of a felony, or within a period of five Years, immediately Preceding his Application, convicted of reckless driving or driving under the influence of intoxicating liquors or drugs, or convicted of Violation of any of the provisions of the Alcoholic Beverage Control Act of the State of California, or who cannot speak English. Falsification on the Application is grounds for refusal of said Permit.

D. Before a Permit is granted to any Applicant, said Applicant Shall present himself to the Police Department to be fingerprinted and photographed. The Applicant Shall supply such information as is needed for the Application.

E. Upon obtaining said Driver's Permit, said Driver Shall expire one Year from the date of issue. Applications for renewal Shall be made within thirty Days from the date of expiration of said Driver's Permit. The renewal Fee, to be paid to the Finance Department, Shall be ten dollars per Year. Permits are personal and not transferable.

G. The Chief of Police May at any time suspend or revoke any such Driver's Permit so issued for any reason mentioned in this section or for any Violation of the provisions of this chapter by the holder of such Driver's Permit, or for the existence of any cause which would have been grounds for denying such Permit when applied for, whether it existed when Application was made for such Driver's Permit or came into existence thereafter.

H. In the event of refusal to approve an Application to issue a Driver's Permit or in the event of a suspension or revocation of said Driver's Permit by the Chief of Police, said Applicant or Permittee May Appeal said Decision to the City Council. The Council Shall conduct a hearing and then May in its discretion affirm, reverse or modify the action taken by the Chief of Police.

I. With Approval of the Chief of Police of Colton, a Driver's Permit or Business License to drive Taxicab issued by another California City May be substituted for the Colton Driver's Permit referred to in this section. In that event no Colton Driver's Permit is necessary. Persons who hold a current valid Driver's Permit from another City May apply to the Colton Chief of Police to have that Permit accepted as a Colton Driver's Permit. In the absolute discretion of the Chief of Police he May require such Persons to apply for and obtain a separate Colton Driver's Permit. He May accept the other City's Permit in which event he Shall do so in writing.

(Ord. 0-4-87 § 6, 1987)

A. Every Driver of a Taxicab Shall take the most direct route possible that will carry the passenger safely and expeditiously to his destination, unless otherwise directed by the passenger.

B. The passenger engaging a Taxicab Shall have the exclusive right to the full and free Use of the passenger compartment and the whole thereof and the Carrier of said Vehicle Shall not, until said passenger has reached his destination, solicit or take on any additional passengers whatsoever without the expressed consent of all passengers then in the Vehicle.

C. It is unlawful for any Driver of any Vehicle licensed herein, while driving said Vehicle, to cruise, loiter or Stop on a Public Street for the purpose of soliciting passengers. It is lawful, however, for such Vehicle while proceeding to a regularly assigned taxistand, regularly established call station, or to the Carrier's principal place of Business, to accept employment when hailed down from the Street or Curb; provided, however, that such action is not in Violation of any rules and regulations of the California Vehicle Code, and is not causing an unsafe condition.

D. No Taxicab for which a Permit Shall have been granted Shall remain standing or Stopped for Business upon any portion of any Public Street within the City for the period of longer than prescribed by Law or in any case, except in emergencies or without fault of the Operator, for longer than three minutes; provided, that the City Council May Designate taxistands, at which Taxicabs May be parked. The Council May specify the nature, size and extent of such stands.

(Ord. 0-4-87 § 7, 1987)

A. Every Carrier operating a Taxicab service Shall file with the Chief of Police a true and correct statement of the established rates to be charged for the transportation of passengers in all Taxicabs by said Carrier. Said Carrier Shall not change or modify such established rates in any manner without filing said modified or changed rates with the Chief of Police, thirty Days before the effective date of said changes or modifications. Rates Shall be posted in each Vehicle and clearly visible to passengers.

B. All disputes as to the interpretation of fares as determined from the established rate schedule Shall be determined by the officer in charge of the Police Station.

C. It is unlawful for any Carrier or Driver to charge or collect any sum not in accordance with the rates so fixed by said rate schedule so filed with the Chief of Police.

D. It is unlawful for any Person to refuse to pay the lawful fare of any Taxicab after employment or hiring of the same with intent to defraud.

E. It is unlawful for any Driver, upon receiving full payment for a fare or for services rendered, to refuse to give a receipt upon request of the Person making such payment.

(Ord. 0-4-87 § 8, 1987)

A. Before being placed in service each Taxicab Shall be Approved by the Chief of Police. Taxicabs Shall be of a Design and type of construction as Shall comply with regulations pertaining to such equipment adopted from time to time by the City Council. Such Vehicles Shall at all times be kept in a clean and sanitary condition and in a good state of repair, and Shall be subject to inspection at all times by the Chief of Police, or his Representatives. Annually each Vehicle of each Permittee Shall be inspected. An inspection sheet on each Vehicle Shall be filed with the Chief of Police. The inspection Shall be the same as is required for a petition to operate as outlined in subsection 5.48.040(A)(6) of this section. The inspection Shall be made at the expense of the Carrier by an independent qualified mechanic who is not an Employee of the Carrier. Any Vehicle which is unsafe, unserviceable or mechanically defective Shall be retired from service upon order of the Chief of Police, and not be again operated in such service, except with his Approval. The Chief of Police Shall have the authority to accept an inspection certificate transmitted from the Police Department of another California City on the Permittee's Taxicab if such inspection is performed in essentially the same manner as required by this chapter.

B. The Carrier Shall cause each Taximeter to be inspected and tested for accuracy at least once every six Months. The Carrier Shall cause to be placed on the Taximeter a label having printed thereon the Following: "This Taximeter was inspected and tested on (Date of Inspection) and found to comply with the standard of accuracy prescribed by the Bureau of Weights and Measures of San Bernardino County."

C. Each Carrier Shall maintain a log of complaints and the Carrier's response to such complaints. Every complaint Shall be entered therein. The details of such entry Shall be in the form prescribed by the Chief of Police. Said log Shall be available for public inspection and retained as a permanent record of the Carrier.

D. The Chief of Police Shall have the right to inspect the books and records of any Carrier at any and all reasonable times. Carriers Shall keep adequate and complete books and records as determined by the Chief of Police. The failure to keep and allow inspection of such books and records Shall be grounds for suspension of any Permit issued hereunder.

(Ord. 0-4-87 § 9, 1987)

A. The City Council May by Resolution change the Fees fixed by this chapter and adopt rules and regulations supplemental to the provisions of this chapter.

B. The Chief of Police is charged with the duty of enforcement of all provisions of this chapter.

C. The Decisions of the City Council are conclusive and final.

D. No Permit Shall be sold, transferred, assigned, mortgaged or otherwise conveyed without the consent of the City Council. Any such conveying without the prior consent of the City Council Shall revoke the certificate.

(Ord. 0-4-87 § 11, 1987)

Any Person, firm or corporation violating any of the provisions of this chapter Shall be deemed guilty of a misdemeanor and upon conviction thereof Shall be punishable by a fine of not more than five hundred dollars or by imprisonment in the County Jail for a period of not more than six Months, or both.

(Ord. 0-4-87 § 10, 1987)