Corning Municipal Code Ch. 5.36 Taxicabs

"Taxicab" includes every motor-propelled vehicle used for the transportation of passengers for hire and operated wholly or primarily over the streets of the city, and not over fixed and defined routes, being routed under the direction of the passenger or passengers therein and driven by the owner or lessee thereof, or his employee.

(Ord. 330 §1, 1979).

A. The chief of police may establish and cause to be marked off individual stands for each taxicab and such general stands as he deems necessary, and may in his discretion determine the site and limits thereof.

B. No general taxicab stand shall be established before any business building without the consent of the occupant of the ground floor of such building.

C. The chief of police may in his discretion alter any determination that he has under this section original discretion to make. Notice of such alteration must be given to the operators of the taxicabs affected.

D. Unless altered, each taxicab stand established under the provisions of this section shall have an indefinite duration.

E. No person operating or controlling any taxicab shall permit such vehicle to stand on the streets for the purpose of attracting passengers, or while awaiting employment, at any other place than at a stand established under the provisions of this section; nor shall any person permit his taxicab to stand for the purpose of attracting passengers or while awaiting employment at any stand other than a general stand or one set aside for taxicabs owned or leased by the same person.

(Ord. 330 §2, 1979).

A. No person owning, operating or controlling any taxicab shall demand, charge, collect or receive any greater fares or charges than those which under this section are, or hereafter may be, established; nor shall any such person, except as in this section provided, make or collect any charge for the doing of any act required by this chapter; provided, however, that this section shall not be construed as prohibiting the receiving of voluntary gratuities.

B. Fares and rates shall be as fixed from time to time by resolution of the city council.

C. Fares and rates based on distance travelled shall be computed only on the distance from the point where the person, persons or freight is picked up to the point where the person, persons, or freight is discharged.

(Ord. 330 §3, 1979).

No person shall drive or operate a taxicab within the corporate limits of the city unless he shall hold a current, valid, unrevoked and unsuspended permit, to be known as an operator's permit, as provided in this chapter.

(Ord. 330 §6, 1979).

A taxicab operator's permit shall be granted in writing by the chief of police upon application in writing, accompanied by such photographs and fingerprints of the applicant as the chief of police shall specify, and upon a satisfactory showing by the applicant that he is possessed of the following qualifications:

A. That he is a citizen of the United States of good moral character;

B. That he is over the age of twenty-one years;

C. That he is able to read and write the English language;

D. That he is not addicted to the habitual use of intoxicating liquors or narcotics and has not been convicted of any offense involving the unlawful operation of a motor vehicle while intoxicated;

E. Shall require a license of the type required by the state of California for a public carrier;

F. That he has demonstrated to the satisfaction of the chief of police his knowledge of this and all applicable ordinances or provisions of the Vehicle Code relating to the operation of a motor vehicle.

(Ord. 330 §8, 1979).

Every permittee under this chapter shall pay into the city treasury an annual fee of five dollars; and no operator's permit issued under the provisions of this section shall be valid until the city clerk shall endorse thereon an acknowledgment of the payment of such fee for the current year.

(Ord. 330 §12, 1979).

Any operator's permit issued under this section shall have a duration of one year from and after the date of its issuance, and unless suspended or revoked, it shall be renewed from year to year upon application for renewal.

(Ord. 330 §11, 1979).

The operator's permit, which shall not be transferable shall be in the permittee's possession at all times while driving or operating a taxicab within the city.

(Ord. 330 §7, 1979).

The operator's permit reguired by Section 5.36.040 may be revoked or suspended by the chief of police as his sound and reasonable discretion may determine, if it shall appear to him that any one or more of the following conditions exist:

A. That any of the qualifications required for the granting of the operator's permit can no longer be met by permittee;

B. That the permittee has been convicted of any felony or of an illegal act against the person or property of any passenger in his vehicle; or, if an employee of the owner or lessee of the vehicle he operates, if any illegal act against the property interests of such owner or lessee in relation to the operation of such vehicle; or more than twice in any twelve months has been convicted of, or forfeited bail for, any offense defined in the Vehicle Code of the state or this chapter;

C. That for any other reasonable cause permittee has ceased to be a fit and proper person to operate a taxicab.

(Ord. 330 §9, 1979).

Any refusal by the chief of police to issue an operator's permit, or any suspension or revocation of such permit by the chief of police shall be subject to appeal to and review by the city council. Such appeal shall be in writing and made within ten days after the order appealed from and the decision of the council shall be final.

(Ord. 330 §10, 1979).

No person owning or leasing a taxicab shall operate it, or cause or permit it to be operated within the corporate limits of the city unless he shall hold a current, valid, unsuspended and unrevoked permit, known as a vehicle permit, for such vehicle as provided in this chapter.

(Ord. 330 §13, 1979).

A taxicab permit shall be granted in writing by the city council upon application in writing, and upon a satisfactory showing by the applicant that he and his taxicab or taxicabs, are possessed of the following qualifications, and that public convenience and necessity, as hereinafter in this section specified, make expedient the operation of his taxicab or taxicabs.

A. The taxicab must meet all requirements of the Vehicle Code of the state in regard to equipment and mechanical condition;

B. The taxicab must have the proper license as required by the laws of the state;

C. The taxicab must be painted a distinctive color or colors so that it will not be confused with taxicabs owned or leased by other persons; the name of the owner or lessee and the permit number of the taxicab must appear on the front door of each side in letters at least four inches high. Each permittee who holds more than one taxicab permit may have one taxicab for emergency use only which need not comply with this subsection concerning painting;

D. The owner or lessee must be a financially responsible person;

E. The owner or lessee of the taxicab must secure his ability to answer to any claim for damage to person or property which may arise against him by reason of the operation of such vehicle to the following extent:

1. For personal injury to one person, one million dollars,

2. For personal injury to more than one person in an accident, three million dollars,

3. For property damage, one hundred thousand dollars. Such security may be by an insurance policy or by surety bond issued by a licensed bonding corporation. In either case, the form of the security and the reliability of the company issuing it must meet with the approval of the city council;

F. It must appear that the public convenience and necessity require the operation of the taxicab. To comply with this provision, the applicant must show that vehicles of the same kind already holding taxicab permits under this chapter are inadequate in number, unsatisfactory in service, or otherwise unable to provide transportation for hire commensurate with the demand for such transportation for hire commensurate with the demand for such transportation in the city; provided, however, that if any such taxicab be required to obtain a certificate of public convenience and necessity from the public utilities commission of the state, this provision shall not apply to such vehicle while operating according to such certificate.

(Ord. 531 §1, 1992; Ord. 330 §14, 1979).

Every permittee under this chapter shall pay into the city treasury an annual license fee of thirty dollars for the first taxicab and fifteen dollars for each additional taxicab owned or leased by the same person; and no taxicab permit issued under the provisions of this chapter shall be valid until the director of finance shall endorse thereon an acknowledgment of the payment of such license fee for the current year.

(Ord. 330 §19, 1979).

Any taxicab permit issued under this chapter shall have a duration of one year. Unless suspended or revoked, it shall be renewed from year to year upon application for renewal.

(Ord. 330 §16, 1979).

The holder of a taxicab permit may substitute one vehicle for another under such permit upon proof to the chief of police that the taxicab for which the permit was issued will no longer be operated as a taxicab and that the new vehicle meets the requirements of this chapter.

(Ord. 330 §18, 1979).

Taxicab permits shall be numbered consecutively and each taxicab shall bear the number of the permit issued for it, as provided in Section 5.36.120.

(Ord. 330 §17, 1979).

A. The taxicab permit required by this chapter may be revoked or suspended by the city council, as its sound and reasonable discretion may determine, if it shall appear to the city council that any of the following conditions exist.

1. That any of the qualifications required for the granting of the taxicab permit are no longer met by permittee or his vehicle; provided, however, vehicle permits shall not be suspended or revoked on the ground that public convenience or necessity no longer require the operation of such vehicle;

2. That the permittee has been convicted of any violation or restriction imposed upon him as owner or lessee under this chapter; or, that has become bankrupt;

3. That for any other reasonable cause, the permittee's vehicle has ceased to be a fit and proper vehicle to be operated as a taxicab or automobile for hire.

B. For the purpose of ascertaining whether any cause exists for the suspension or revocation of a taxicab permit under this section, the chief of police may, and on direction of the city council or upon complaint shall, cause strict inquiry to be made into the conduct of the permittee, the sufficiency and validity of his security, and the condition of his taxicabs.

(Ord. 330 §15, 1979).

No person driving or operating a taxicab shall while operating such vehicle:

A. Fail to maintain the qualification required for an operator's permit under this chapter;

B. Refuse without good cause to accept as a passenger any person desiring transportation who shall tender money sufficient to pay his fare to his stated destination;

C. Refuse to load and unload for any passenger such hand baggage as may not exceed the reasonable internal capacity of the vehicle including the truck or, after being requested, refuse to carry such baggage to or from the entrance to such buildings as the passenger may enter or leave;

D. Make false representations by word, act, conduct or appearance regarding the name or identity of persons owning or leasing the taxicab he operates, or regarding his own identity; or refuse to give his name and number of his vehicle to any person requesting the same;

E. Refuse or fail, after being requested, to give a receipt for any fare paid;

F. Fail or neglect to report to the police department within twenty-four hours all property left in his vehicle by any passenger;

G. Carry more than one person at a time in such taxicab unless every person to be carried in such taxicab consents thereto;

H. Operate a taxicab within eight hours after the consumption of any alcoholic beverage.

(Ord. 330 §4, 1979).

No person owning or leasing a taxicab, while such vehicle so owned or leased is being operated, shall:

A. Fail to maintain as to such vehicle the qualifications required for a vehicle permit for such vehicle under this chapter;

B. Do any act, or employ any person to do any act, which would be forbidden by Section 5.36.180, if done by a person driving or operating a taxicab;

C. Rent or lend such vehicle to any person to operate the same, or permit any person to operate the same except himself or his agent thereunto duly authorized.

(Ord. 330 §5, 1979).