Daly City Municipal Code Div. I General Regulations and Definitions

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

1. "Certificate" means a certificate of public convenience and necessity issued by the city council.

2. "Certificate holder" means any person to whom a certificate of public convenience and necessity has been issued under the provisions of this chapter which has not been revoked.

3. "City" means the city of Daly City.

4. "Driver" means every person in charge of, or operating, any taxicab or handicapped serving van as herein defined, either as agent, employee, or otherwise or under the direction of the owner, as herein defined.

5. "Driver's permit" means a permit issued by the chief of police to an individual person, permitting that person to drive a taxicab upon the streets of the city.

6. "Handicapped serving van" means a motor-propelled vehicle that is of a size and use commonly known as a "van" designed for easy accessibility of wheelchair-bound or other mobility impaired passengers.

7. "Public transportation vehicles" means every motor-propelled vehicle, not otherwise defined in this section, used in the business of transporting passengers over the streets of the city of Daly City, irrespective of whether such operations extend beyond the city and regardless of whether or not any fee, compensation or consideration is paid for such transportation, excepting any transportation system operating over a fixed route under a certificate of public convenience and necessity issued by the Public Utilities Commission.

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

9. "Taxicab or handicapped serving van" means any motor-propelled vehicle used for the transportation of passengers who direct the route to be traveled over the streets, and not operated over a fixed route, for compensation, including vehicles commonly known as limousines (unless regulated by the State Public Utilities Commission).

10. "Taxicab permit" means an authorization issued to a holder of a certificate of public convenience and necessity pursuant to the provisions of this chapter to operate a taxicab or handicapped serving van within the city limits of the city of Daly City.

11. "Taxicab Rules and Regulations" means the separate document adopted and modified, where appropriate, by the city of Daly City setting performance, cleanliness, operational and informational requirements for taxicabs, handicapped serving vans and taxicab drivers.

12. "Taximeter" means an instrument or device attached to a taxicab or handicapped serving van by which the fare authorized for hire of such taxicab is displayed. Electronic devices contemporary with technology are authorized and encouraged.

(Ord. 1278 § 3 (part), 2000)

It is unlawful for any owner or driver to drive or operate any taxicab or handicapped serving van or limousine, or cause the same to be driven or operated, and no permit for the operation thereof shall be granted, unless there is on file with the city clerk and in full force and effect at all times while such taxicab or handicapped serving van is being operated, policies of insurance covering general public liability, property damage, and automobile liability, approved by the city attorney, in a solvent and responsible company insuring the owner of such taxicab or handicapped serving van against loss by reason of injury or damage that may result to persons or property from negligent acts committed in the conduct of the taxicab or handicapped serving van business generally, or from the negligent operation or defective construction of such taxicab or handicapped serving van, or from the violation of this chapter or the laws of the state.

A. The policies of insurance shall have minimum limits as set forth in this subsection:

1. General Liability (Including Property Damage).

a. Five hundred thousand dollars bodily injury per person and/or occurrence, and

b. One hundred thousand dollars property damage, per occurrence, or

c. Five hundred thousand dollars combined single limit bodily injury/property damage;

2. Automobile Liability (Including Property Damage).

a. Five hundred thousand dollars bodily injury per person and/or occurrence, and

b. One hundred thousand dollars property damage per occurrence, or

c. Five hundred thousand dollars combined single limit bodily injury/property damage.

B. On all policies of insurance referred to in this section, the operator shall name the city, its officers, agents, representatives and employees as additional primary insured. No insurance or self insurance effected by the city shall be called upon to contribute to any loss. The policies shall provide that written notice shall be given to the city not less than thirty days prior to the cancellation of any such policies and the insurance afforded such additional primary insureds shall apply in full regardless of any other insurance carried by them.

C. The policies of insurance shall insure by their terms to benefit any and all persons suffering injury or damage to person or property covered thereby, and shall provide that suit may be brought thereon in any court of competent jurisdiction by any such person. The policies shall provide that there shall be a continuing liability thereon notwithstanding any recovery thereon. If at any time any such policies of insurance shall be cancelled by the company insuring the same for any reason whatsoever, or the authority of such company to do business in the state shall be revoked, the owner shall immediately replace such policy with another policy approved by the city attorney and filed with the city clerk, and upon failure to do so the city council of the city may revoke the owner's certificate of necessity and taxicab or handicapped serving van permit(s).

D. 1.

The owners of the taxicab or handicapped serving van shall also provide and maintain insurance for workers compensation and employer's liability as required by law, which shall be evidenced by a certificate of insurance filed with the city clerk and which shall provide for written notice to the city not less than thirty days prior to cancellation of any such policies. Upon failure to provide or maintain any such policies, the city council of the city may revoke the owner's certificate of necessity and taxicab or handicapped serving van permit(s).

2. As an alternative, and for those owners of the taxicab or handicapped serving van service providers whose drivers are independent contractors, the service providers shall provide and maintain insurance commonly known as "occupational hazard insurance" for independent contractors of service providers. Such insurance shall have minimum benefits equal or greater than twenty-five thousand dollars medical coverage, two hundred fifty dollars per week disability payments and ten thousand dollars death benefit with a combined limit of no less than ten thousand dollars. Such insurance shall be evidenced by a certificate of insurance filed with the city clerk and which shall provide for written notice to the city not less than thirty days prior to cancellation of any such policies. Upon failure to provide or maintain any such policies, the city council of the city may revoke the owner's certificate of necessity and taxicab or handicapped serving van permit(s).

E. If at any time the chief of police determines that the automobile liability, general liability or workers compensation insurance for any certificate holder does not meet the requirements set forth in this section, then the police chief may suspend the certificate issued, and suspend operation of the certificate holder, until the matter of insurance coverage is heard by the city council, or the certificate holder has subsequently submitted a sufficient verification of coverage as required by this section.

(Ord. 1278 § 3 (part), 2000)

All persons or companies holding certificates of public convenience and necessity shall regularly and daily operate their taxicab or handicapped serving van on a twenty-four hour basis during each day of the license year to the extent reasonably necessary to meet the public demand for such taxicab or handicapped serving van.

(Ord. 1278 § 3 (part), 2000)

The city council of the city, upon its own motion or upon application of a certificate holder, may set, establish, change, modify or amend the schedule of rates to be charged by all vehicles operated by each holder of a certificate of public convenience and necessity under the provisions of this chapter, and through those procedures as set out in Chapter 5.84 of the Daly City Municipal Code. In no event shall any rate other than the rates established in the schedule of rates be charged. No rates shall be set, established, changed, modified or amended without a hearing before the city council of the city as required by Chapter 5.84.

(Ord. 1278 § 3 (part), 2000)

There shall be available in each taxicab or handicapped serving van a schedule of rates and fares.

(Ord. 1278 § 3 (part), 2000)

A. The city council adopts the operating regulations set forth in this section as mandatory components for all taxicabs and handicapped serving vans permitted to operate within the city:

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

2. Refusing Service. No driver of any licensed taxicab or handicapped serving van shall refuse any person prompt taxi service in the city at any time while such taxicab or handicapped serving van is on the public streets, ready for service, unless such taxicab or handicapped serving van is already engaged in the carrying of one or more passengers or is en route to answer a call for taxicab or handicapped serving van service; provided further, that nothing in this section shall require any owner or driver to furnish taxicab or handicapped serving van service to any person under the influence of intoxicating liquor or narcotics.

3. Receipt. Every driver, upon request, shall give a correct receipt for the amount of payment required.

4. Number of Passengers. No driver of any taxicab or handicapped serving van shall accept, take into his vehicle or transport any larger number of passengers than the rated seated capacity of his vehicle.

5. Receipt and Discharge of Passengers on Sidewalks Only. Drivers of taxicabs shall not receive or discharge passengers in a roadway, but shall pull up to the right-hand sidewalk as nearly as possible; or, in the absence of a sidewalk, to the extreme right-hand side of the road and there receive and discharge passengers, except upon one-way streets, where passengers may be discharged at either the right- or left-hand sidewalk, or side of the roadway in the absence of a sidewalk.

6. Additional Passengers. No driver shall permit any other person to occupy or ride in such taxicab or handicapped serving van, unless the person or persons first employing the taxicab or handicapped serving van shall consent to the acceptance of the additional passenger or passengers. No charge shall be made for any additional passenger except when the additional passenger rides beyond the previous passenger's destination, and then only for the additional distance so traveled.

7. Tampering with Taximeter. No person shall wilfully tamper with or in any way cause any taximeter to be inoperative or inaccurate.

8. Display of Driver's Permit. Every driver shall at all times display his driver's permit in a conspicuous place in the taxicab or handicapped serving van which he or she is operating. Every taxicab or handicapped serving van shall also visibly display the city-issued "medallion" evidencing proper licensure by the taxicab or handicapped serving van.

9. Taximeter Flag. The taximeter flag shall not be placed in an earning position when the taxicab or handicapped serving van is not actually employed. The flag shall be placed in a nonearning position at the termination of each and every service, at which time the driver of the taxicab or handicapped serving van must clearly call the attention of the passenger to the amount registered. The flag shall not be placed or maintained in a nonearning position when the taxicab or handicapped serving van is employed.

B. The city council further empowers the chief of police to generate, amend where necessary, and enforce "Taxicab Rules and Regulations" constituting a separate document that is to be provided to all taxicab drivers upon their hire by any local taxicab service provider. Such "Taxicab Rules and Regulations" are for the purpose of setting performance, cleanliness, operational and informational requirements for taxicabs, handicapped serving vans and taxicab drivers. The amendment or modification of the "Taxicab Rules and Regulations" by the chief of police shall be as if adopted herein by the city council.

(Ord. 1278 § 3 (part), 2000)

A. No certificate holder, agent or employee of a certificate holder, owner-operator, or driver permittee shall do any of the following:

1. Intentionally intercept, endeavor to intercept, or procure any other person to intercept or endeavor to intercept, any communication directed to another certificate holder, another certificate holder's agent, employee or driver, or another owner-operator;

2. Intentionally use, endeavor to use, or procure any other person to use or endeavor to use any electronic, mechanical or other device to intercept any communication directed to another certificate holder, another certificate holder's agent, employee or driver, or another owner-operator;

3. Intentionally disclose, or endeavor to disclose, to any other person the contents of any communication directed to another certificate holder, another certificate holder's agent, employee or driver, or another owner-operator, knowing or having reason to know that the information was obtained through the interception of a communication in violation of this section; or

4. Intentionally use, or endeavor to use, the contents of any communication directed to another certificate holder, another certificate holder's agent, employee or driver, or another owner-operator, knowing or having reason to know that the information was obtained through the interception of a communication in violation of this section.

B. Wilful interception of such calls, by any means identified in subsection A of this section, by any individual or company, whether permitted pursuant to this chapter, or unpermitted, shall constitute:

1. A criminal misdemeanor that may be prosecuted by the city;

2. An unfair business practice as defined by California Business and Professions Code Sections 17200 et seq.; and

3. An actionable civil wrong subject to judicial remedies and civil penalties as well as legal costs and fees as may be awarded by the court.

C. For the purposes of this section, the term "communication" means any oral, radio, telephonic, wire, mechanical or electronic communication.

D. It shall not be unlawful under this section for a person to intercept a communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception.

(Ord. 1278 § 3 (part), 2000)

Except where credit is intended, no person shall fail or refuse to pay, at the end of the trip or the termination or discharge of service, the regular fare for the taxicab or handicapped serving van that he or she has hired.

(Ord. 1278 § 3 (part), 2000)

In the event the police chief deems it necessary in order to provide adequate taxicab services within the city or while an application is under review, he or she may:

A. Issue temporary certificates of convenience to persons for the purpose of allowing them to provide taxicab services within the city; and

B. Issue temporary taxicab driver's licenses to persons for the purpose of permitting them to drive taxicabs upon the streets of the city; without the necessity of strict compliance with the other provisions of this chapter. Such certificates, or taxicab driver's licenses, as the case may be, once issued, shall be valid for a period not to exceed sixty days, and shall be issued upon such terms and conditions as the police chief deems appropriate. Such certificates or taxicab driver's licenses shall only be temporary in nature, and shall not entitle any person to the automatic issuance of a certificate of public convenience and necessity or taxicab driver's license pursuant to the provisions of this chapter.

(Ord. 1278 § 3 (part), 2000)

Pursuant to California Government Code Section 53075.61, and any amendments to that statute, the city council affirmatively empowers the Daly City police department to impound, when lawfully appropriate and at the discretion of the chief of police or his or her designee, those vehicles found operating in the city as taxicabs without having secured the appropriate certificates and/or permits. Impoundment and retention of vehicles shall follow the procedures, notices, recovery and due process safeguards of Government Code Section 53075.61, and any amendments thereto.

(Ord. 1278 § 3 (part), 2000)

The Daly City police department, in conjunction with the city's planning division, may appropriately locate taxicab stands, curb markings and/or signs within or along public streets or rights-of-way where, in their professional opinion, they provide appropriate public notice consistent with public safety and traffic management. The right to provide, locate, reposition or remove a taxicab stand, curb marking or sign from a public street or right-of-way remains exclusively within the discretion of the Daly City police department, subject to consideration and approval of other city departments or divisions.

(Ord. 1278 § 3 (part), 2000)

A. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements or provisions of this chapter heretofore or hereafter enacted or the provisions of any "Taxicab Rules and Regulations" adopted by reference by this chapter. Any person violating any such provisions or failing to comply with any of the mandatory requirements of this chapter, or any rules and regulations adopted by reference by this chapter, shall be guilty of an infraction, unless such violation or failure to comply is specifically declared to be a misdemeanor by other provisions of this chapter.

B. Any person convicted of an infraction under the provisions of this chapter, or any rules and regulations adopted by reference by this chapter, shall be punished by:

1. A fine not exceeding one hundred dollars for a first violation;

2. A fine not exceeding two hundred dollars for a second violation of the same provisions within one year; and

3. A fine not exceeding five hundred dollars for each additional violation of the same provisions within one year.

C. Any person convicted of a misdemeanor shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment.

D. Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of or failure to comply with any provision of this chapter, or the provisions of any rules and regulations adopted by reference by this chapter, is committed, continued or permitted by such person and shall be punishable accordingly.

E. In addition to the penalties provided by this section, or elsewhere in this chapter, or in any rules and regulations adopted by reference by this chapter, any condition caused or permitted to exist in violation of any of the provisions of this chapter, or the provisions of any rules and regulations adopted by reference by this chapter, shall be deemed an unfair business practice and may be abated by any individual or business so affected by the unfair business practice(s), and each day such condition continues shall be regarded as a new and separate offense.

F. Any violation expressly declared to be punishable, in the discretion of the court, by either a fine, or by a fine or imprisonment, or both, shall become an infraction for all purposes under any of the following circumstances:

1. Where a judgment imposes a punishment of a fine not exceeding one hundred dollars in the case of a first offense; or

2. When the court grants probation to a defendant without the imposition of a sentence and, at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be an infraction; or

3. When the city attorney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is an infraction, unless the defendant, at the time of his arraignment or plea, objects to the offense being made an infraction, in which event the complaint shall be amended to charge the misdemeanor, and the case shall proceed on the misdemeanor complaint.

(Ord. 1278 § 3 (part), 2000)