Compton Municipal Code § 9-21 Taxicabs

[Ord. #856, § 6460]

As used in this section:

DRIVER

Shall mean any person in charge of driving, or operating any taxicab, either as agent, employee, or otherwise.

STAND

Shall mean a place designated by the Traffic Authority for the use, while awaiting employment, of any taxicab.

TAXI-METER

Shall mean a 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, which charges shall be indicated by means of figures.

TAXICABS

Shall mean any automobile or motor-propelled vehicle of a distinctive color, of public appearance, such as is in common usage in this country for taxicabs, used for the transportation of passengers for hire over the streets of the City, and not over a defined route, irrespective of whether the operations extend beyond the boundary limits of said City, at rates for distance traveled, or for waiting time, or for both, and such vehicle is routed under the direction of such passenger or person hiring the same.

TRAFFIC AUTHORITY

Shall mean the Chief of Police.

[Ord. #856, § 6461; Ord. #1296]

Applications for permits shall contain, in addition to the matters required under § 9-4, such information as may be provided by the rules and regulations of the Traffic Authority or the Council pertinent to the operation of such, the character and quality of the service of such taxicab.

a. Citizenship. Every applicant for a permit required by this section shall be a citizen of the United States of America, or a person who has regularly declared his intention to become a citizen, and more than 21 years of age.

b. Investigation. The Traffic Authority shall investigate such applicant and make a written report thereon to the Council.

c. Public Hearings. No permit (not including annual renewals of existing permits) for the operation of any taxicab shall be granted until the Council, after a public hearing, determines that the public convenience and necessity require the operation of such vehicles.

Before granting any new permit after an application therefor has been made, the Council shall pass a resolution declaring that an application therefor has been made, which resolution shall state the name of the applicant and the terms and conditions of such application. Such resolution shall fix and set forth the day, hour, and place when and where such persons having any interest therein, or any objection to the granting thereof, may appear before the Council and be heard thereon. The Council shall direct the City Clerk to publish such resolution at least once, within 10 days of the passage thereof, in the official newspaper. Such notice shall be published at least 10 days prior to the date of the hearing. The City Clerk shall also, at least 10 days prior to the date of the hearing, mail a copy of such resolution to every person then holding a permit for the operation of a taxicab business. The copy of the resolution shall be mailed to the address of such permittees as shown by the records of the City.

At the time set for the hearing, the Council shall proceed to hear and pass upon all protests, and its decision thereon shall be final and conclusive.

If the Council shall decree that the public convenience and necessity require the operation of additional vehicles, and if there exists in the City less than three taxicab companies operating under valid permits, the Council shall then issue such applicant permittee a permit to operate a number of taxicabs pertinent in amount to fulfill the needs of the City, such number to be determined by the Council.

Upon the existence of three taxicab companies operating under valid permits in the City, any subsequent applicant permittee shall follow the application procedure described in this section. Upon the conclusion of such procedure, if the Council shall decree that the public convenience and necessity require the operation of additional vehicles, the Council shall not issue such permits until each person holding a permit for the operation of a taxicab shall have been notified by the Council of its findings as to such additional taxicabs as are found to be necessary to fill the expanding need.

Every person holding a permit for the operation of a taxicab shall have the right to increase his service in the number proportionate to the additional taxicabs found necessary as his total number of taxicabs bears to the total number of taxicabs for which permits have been issued, and, in the event any permittee fails, neglects, or refuses to increase his service in the proportion as needed, such pertinent amount shall be distributed proportionately to such other permittees. In the event any established permittee refuses to increase his services in the entire amount, the permittee applicant may obtain a permit for such number of taxicabs as the established permittee will not take after the expiration of his permit rights to the taxicabs which any permittee refuses to take.

d. Public Convenience; Findings of Fact. The Council, in determining whether or not the public convenience exists, may make written findings of facts as it may deem pertinent, which findings shall include specific findings of the following:

1. That the applicant is fully responsible; and

2. That if the permit be granted the applicant will be under efficient management with a reasonable probability of earning a fair and reasonable return on his capital devoted thereto.

[Ord. #856, § 6462; Ord. #1293; Ord. #1327; Ord. #1402]

a. Before any permit is issued, the owner of any taxicab shall be required to file with the Council, and thereafter keep in full force and effect, a policy of insurance in such form as the Council may deem proper, executed by an insurance company approved by the Council, insuring the owner and the Council against liability for any loss and damage that may result to any person or property from the operation of such taxicab, in amounts not less than the following sums:

For the injury of any one person in any one accident, $250,000; and

For the injury of two or more persons or the death of two or more persons in any one accident, $500,000; and

For property damage liability in any one accident, $100,000.

Such policy of insurance specified shall protect each taxicab, or, in the event a group policy is carried, the amount of the policy shall be the same as specified in this section multiplied by the number of taxicabs operated.

b. In the event of the return unsatisfied of any execution issued on any judgment from which an appeal may be taken without bond rendered against any such person in any suit for damages on account of injury to persons or property caused by such taxicab, such person shall, within 10 days after the return of such execution unsatisfied, increase the amount of his insurance to the amount of such judgment, and failure to do so shall forthwith cease the operation of such taxicab until such insurance is filed or judgment is paid.

c. All insurance policies shall contain a provision for a continuing liability thereunder to the full amount of the penalty thereof, notwithstanding any recovery thereon.

d. No person shall operate any taxicab without having a policy of insurance as required by the provisions of this section in full force and effect at all times during the operation of such taxicab.

[Ord. #856, § 6463]

Taxicabs for which a permit has been issued shall be operated by the owner or employee of the owner.

No owner and driver of such taxicab shall enter into any contract, agreement, or understanding between themselves by the terms of which such driver pays to or for the account of such owner a fixed or determinable sum for the use of such vehicle.

[Ord. #856, § 6464]

a. No taxicab permit shall be issued to any person until a standard design and uniform color scheme has been adopted by the applicant and approved by the Council which designates by color the owner of such vehicle.

b. No permit shall be issued to any person having a color scheme, name, monogram, or insignia which conflicts with or imitates any color scheme, name, monogram, or insignia used by another in such a manner as to be misleading or tend to deceive or defraud the public.

[Ord. #856, § 6464.1]

Each permit issued hereunder shall entitle the holding owner to engage in the taxicab business upon the payment of the license fee provided for in § 9-2.

[Ord. #856, § 6464.2]

a. A permit may be issued to the owner of a taxicab by the Traffic Authority allowing such taxicab while awaiting employment to stand at certain designated places upon the street.

b. No such permit shall be granted by the Traffic Authority except upon the regular application of such person desiring such stand.

c. The application shall contain the written consent of the occupant of the first floor of that portion of the building or property in front of which it is desired that such vehicle shall stand, or, if such building shall contain more than 25 residents or be used for hotel purposes, the written consent of the person operating such hotel.

d. If there is no building on the premises in front of which it is desired that such vehicle may stand, or if there is a building and the first floor is not occupied, such permit may be granted upon the written consent of the owner of such building or premises.

e. In front of any building used for hotel purposes containing more than 100 guest residents, stand permits may be issued on the basis of one vehicle for every 100 guest residents or a fraction thereof, but none of such vehicles shall have permits to stand within a distance of 15 feet inside of a line drawn from the center of the entrance of such building at right angles to the street upon which such entrance is located.

f. In addition to the number of taxicabs that may be permitted to stand upon a street within the limits of any one block as provided in this section, the Traffic Authority may grant permission to a taxicab operator to stand upon the street at the station of any interurban or bus transportation system as may be necessary to meet the needs of the traveling public; provided the consent of the owner of the interurban or bus transportation system is first obtained by the operator for additional taxicabs.

[Ord. #856, § 6464.3; Ord. #1949, § 2]

a. No more than three taxicabs shall have permits to stand on any street within the limits of one block having a frontage of 500 feet or more, nor shall more than two such taxicabs be permitted to stand on any one street within such block having a frontage of less than 500 feet.

b. No permit shall be issued for any stand to be located within 50 feet of another stand on the same side of any street.

c. Notwithstanding the provisions of this section, the Traffic Authority shall have power and it shall be his duty to refuse the issuance of such permit when it satisfactorily appears:

1. That such stand will interfere with, obstruct, endanger, or congest traffic;

2. That such stand will increase traffic and pedestrian hazards to the extent of endangering lives and property.

d. The Traffic Authority may, after such a reasonable discretion grant renewal or extension of permits for such stands.

e. No taxicab shall be operated from any place except a stand designated by the Traffic Authority.

f. That all taxicabs shall be properly maintained, i.e. mechanical condition, the safety, the cleanliness and appearance.

g. No taxicab shall be more than five years old.

[Ord. #856, § 6464.4]

a. No owner or driver of any taxicab shall stand while awaiting employment at any place not a stand designated by the Traffic Authority, and assigned to the owner of such taxicab.

b. No owner or driver of any taxicab shall have such taxicab unattended at a stand for a period of time longer than three minutes.

c. Stands may be operated for a period of 24 hours a day except where standing, stopping and parking vehicles is otherwise prohibited by law.

[Ord. #856, § 6464.5]

a. While in a stand upon any street awaiting employment a taxicab may display a sign with the words thereon "For Hire." Such signs shall be of metal and uniform size of six inches by nine inches.

b. Such sign shall have a background of enameled dark color and the letters or figures appearing thereon shall be white.

[Ord. #856, § 6464.6]

a. Every taxicab used for carrying passengers for hire shall display in the rear of the driver's seat and in full view of passengers a card not less than 2 1/2 inches by five inches, not more than three inches by six inches which shall have lettered thereon the owner's name under which he is operating and the business address and telephone number of such owner together with the rates to be charged.

b. Every taxicab shall have painted upon the door of the taxicab the name under which the owner operates together with the telephone number and the taxicab number. The name of the cab, and the telephone number shall be painted upon the rear of such taxicab. All of the letters mentioned in this Paragraph shall be not less than 2 1/2 inches in height and not less than a 5/16 in stroke.

c. Every taxicab may show an electrically lighted vacant sign attached to the top of such taxicab. Every such sign shall be not more than 2 1/2 inches high by nine inches in length.

[Ord. #856, § 6464.7]

No person shall display any sign other than those provided in this section without first obtaining a written permit of the Traffic Authority to do so.

[Ord. #856, § 6464.8]

a. No owner operating any taxicab shall operate such vehicle unless it is equipped with a taxi-meter of such type and design as may be approved by the Traffic Authority. Every owner using such taxi-meter shall at all times keep such taxi-meter accurate. Such meter shall be subject to inspection from time to time.

b. The Traffic Authority or any police officer is authorized at his instance and upon the complaint of any person to investigate such taxi-meter and upon the discovery of any inaccuracy of the taxi-meter to remove any such taxicab equipped with the taxi-meter from the streets until the taxi-meter shall have been correctly adjusted.

c. All taxicabs shall base their charges upon taxi-meter and all taxi-meters shall be placed so that the reading dial showing the amount to be charged shall be well lighted as readily discernible by the passenger riding in such taxicab.

d. No driver of a taxicab while carrying passengers shall display the flag attached to the taxi-meter in such a position as to denote that such taxicab is not employed, or throw the flag of the taxi-meter in a recording position when such vehicle is not actually employed or fail to throw the flag of such taxi-meter in a non-recording position at the termination of each and every service.

e. No operator of any taxicab upon receiving payment or fare as indicated by the taxi-meter shall refuse to give a receipt upon the request of any passenger giving the payment.

f. That notwithstanding anything in this section provided, the City Council may authorize the owner or operator of any taxicab business to post a schedule of fares in lieu of equipping any taxicab with a taxi-meter, which schedule of rates shall be posted in a conspicuous place in each taxicab, so that the same will be visible to any passenger therein. The City Council, in fixing such schedule of fares, may do so upon a flat mileage basis or by zoning the City into zones.

[Ord. #856, § 6465]

When a taxicab is engaged, the occupant shall have the exclusive right to the full and free use of the passenger compartment and no owner or driver shall solicit or carry additional passengers therein, provided, however, that the Traffic Authority may upon application of the permittee, authorize such permittee during the period of the National War Emergency as proclaimed by the President of the United States, to waive the provisions of this section above set forth when in the judgment of the Traffic Authority it will be for the best interests of the National War Effort to do so.

[Ord. #856, § 6465.1]

The passenger compartment shall be the rear section of the taxicab and the front seat shall be the driver's compartment. Each taxicab shall provide for carrying of baggage in the front section to the right of the driver. No driver shall permit any passenger or any other person except student drivers to ride in the front seat of the driver's compartment when such taxicab is in motion, provided however, that the Traffic Authority shall have authority to require all taxicabs to provide a separate compartment for the driver separate from the passenger compartment by a glass partition, provided, however, that the Traffic Authority may, upon application of the permittee, authorize such permittee during the period of National War Emergency as proclaimed by the President of the United States, to waive the provisions of this section above set forth when in the judgment of the Traffic Authority it will be for the best interests of the National War Effort to do so.

[Ord. #856, § 6466]

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

[Ord. #856, § 6467]

a. No person shall charge, collect, demand, receive or arrange for any compensation for the services of any taxicab for hire in the City in amount, rate or compensation greater than the charges or the rates regulated by the Council.

b. No operator of any taxicab upon receiving full payment for a fare as indicated by the taxi-meter or schedule of fares, when such schedule is permitted in lieu of taxi-meter, shall refuse to give a receipt upon the request of any passenger making the payment.

[Ord. #856, § 6467.1]

The minimum and maximum rates of fare to be charged the public by taxicabs operated over any street may be set from time to time by the Council by Resolution.

No rate shall be placed in effect, charged, demanded or collected for taxicab services other than such rates so provided by resolution of the City Council pursuant hereto.

[Ord. #856, § 6467.2]

Irrespective of anything contained in the foregoing sections of this section, the holder of a valid taxicab license issued under this section, provided he maintains a taxicab service in the manner set forth in the foregoing subsections of this section may in addition thereto operate another and different type of taxicab service hereinafter designated "flat rate service" under the following conditions, to wit:

a. Taxicabs operated under such flat rate service shall be painted a different color as may be designated by the Traffic Authority and shall be distinctively marked so as to differentiate the same from the taxicabs used in regular type service.

b. Flat rate service shall be conducted by charging each passenger a flat rate of fare for transportation anywhere within designated zones of the City of Compton; no rate shall be placed in effect, charged, demanded or collected for such service other than such rates so provided by resolution of the City Council pursuant thereto.

c. The taxicabs used in such flat rate service shall not be required to have a passenger compartment in the rear section separated from the driver's compartment and passengers may be permitted to sit in any seat in the cab.

d. Taxicabs used in such flat rate service shall not be required to be equipped with taxi meters.

e. Occupants of taxicabs engaged in such flat rate service shall not have the exclusive right to the full and free use of the taxicab and the owner and driver thereof shall have the right to solicit and carry additional passengers therein.

[Ord. #856, § 6467.3]

The Traffic Authority shall have authority to adopt such rules and regulations as may be necessary for the service and safety of the operation of taxicabs.

[Ord. #856, § 6468]

a. The Chief of Police shall be the motor vehicle inspector of the Council and in addition to the powers of the Council to suspend or revoke permits or licenses under § 9-4, the Chief of Police may issue or suspend permits required herein when the permittee or licensee has not complied with the provisions of this section or shall have been arrested or convicted for the commission of a felony, reckless driving, pandering or the use, sale, possession, information or transportation of narcotics or illicit intoxicating liquors, or for assault and battery, or shall have charged rates greater than those which the permittee has on file with the Council or shall have violated any of the rules and regulations of the Council and Traffic Authority pertaining to the operation of and the extent, character and quality of the service of taxicabs.

b. The action of the Chief Motor Vehicle Inspector in issuing or suspending any of said permits shall be subject to the ratification and approval by the Council without further action at any meeting held subsequent to the action of the Chief Motor Vehicle Inspector but not later than 15 days thereafter.

[Ord. #856, § 6468.1]

All permits and licenses issued under the provisions of this section shall be for a period not to exceed one year and all such permits and licenses shall expire upon the last day of the current year. All permits issued for all street stands upon the written consent of a person operating a hotel must be renewed yearly. Other street stand permits shall remain in full force and effect until same shall be cancelled either on the request of the permittee or the person who gave such written consent to use such stand by notifying the Traffic Authority that such permission has been withdrawn. If the Traffic Authority has cancelled a permit for a stand after having been notified that the consent to use the same has been withdrawn, it shall not grant a permit for a stand so cancelled for a period of six months from date of cancellation.

[Ord. #856, § 6468.2]

Every driver of a taxicab must make written application to the Traffic Authority setting forth his name, age, and residence and last previous address and the length of his residence at each; whether he is married or single; the name of the owner for whom he intends to drive; whether he has ever been convicted of a felony or offenses referred to in this section, and such other information as may be required by the Traffic Authority.

The Traffic Authority shall cause an investigation of such an application to be made and cause the applicant to be examined as to his knowledge of the laws and ordinances regulating the operation of motor vehicles and his ability to operate a taxicab service on the streets of the City.

No driver's permit shall be granted to any person who is not of good moral character, or who is under the age of 21 years or who cannot speak the English language or who does not own a chauffeurs license issued by the Motor Vehicle Department of the state.

[Ord. #856, § 6468.3; Ord. #990]

Every driver's permit granted by the Traffic Authority shall be filed with the City License Collector who shall charge or collect the sum of $2, and upon receipt of the amount shall issue to the holder a "badge" of such design and bearing the words and numbers as may be prescribed by the Traffic Authority. The badge shall at all times be carried on the person of the driver during the times he is driving such taxicab.

[Ord. #856, § 6468.4]

In addition to the requirements herein provided for obtaining a driver's permit, every driver shall give and it shall be the duty of the Police Department to take the fingerprints of such driver together with his picture and such other information as will comprise a description of the driver.