Chapter 6.52 — TAXICABS AND NONEMERGENCY MEDICAL VAN SERVICES

State Law reference— Local regulation of taxicabs, Government Code § 53075.5; authority to regulate taxicabs and vehicles for hire, Vehicle Code § 21100(b).

This chapter is enacted pursuant to the authority of Government Code § 53075.5 and Vehicle Code § 21100(b) to protect the public health, safety and welfare of the residents of the city when using taxicab service and to promote the orderly development and maintenance of safe and reliable privately operated taxicab transportation service in the city.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

State Law reference— Every city or county shall protect the public health, safety and welfare by adopting an ordinance or resolution in regard to taxicab transportation service rendered in vehicles designed for carrying not more than eight persons, excluding the driver, which is operated within the jurisdiction of the city or county, Government Code § 53075.5(a).

As used in this chapter, the following terms shall have the meanings as set forth in this section, except where the context clearly indicates a different meaning:

Driver means any person driving a taxicab, either as an owner or under the direction, employment, control or service of the owner as defined in this section.

Nonemergency medical van means a vehicle that is used on a commercial enterprise basis to transport a person between his residence and a health care provider under nonemergency circumstances. A nonemergency medical van shall not include an ambulance which is subject to regulation in 13 California Code of Regulations § 1100 et seq. or under this Code. A nonemergency medical van shall not include a vehicle that is used to transport patients between licensed health care facilities when the patient is accompanied in the vehicle by a licensed physician, registered nurse, licensed vocational nurse, licensed paramedic, or licensed emergency medical technician.

Owner means every person having control, whether by outright ownership, lease, or otherwise of any taxicabs for hire.

Person includes both singular and plural, and shall mean and include any individual, firm, corporation, association, partnership or society, exclusive of public agencies.

Taxicab means any vehicle which is used to provide taxicab service as defined in this section. The term "taxicab" includes a nonemergency medical van.

Taxicab service means any public passenger transportation service, including nonemergency medical van service, available for hire, on call or demand over the public streets of the city where the service is not provided over a defined route but between such points and over such routes, as may be directed by the passengers or persons hiring same, and irrespective of whether the operations extend beyond the area of the city.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

It is unlawful for any person to engage in the business of operating, or causing to be operated, any taxicab or nonemergency medical van service within the city without having a city permit to do so under the provisions of this chapter when the taxicab or nonemergency medical van service picks up customers in the city.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Any person desiring to obtain a permit to operate a taxicab service under this chapter shall submit a written application to the city clerk. The application forms will be provided by the city clerk. Applications shall be signed under penalty of perjury and shall contain the following information:

(1)

Name, residence address and telephone number of the applicant;

(2)

Business name, address and telephone number of the applicant;

(3)

Number of vehicles to be operated under the permit;

(4)

The make, type, year, manufacturer, license number and passenger seating of the vehicles to be used by the applicant;

(5)

The proposed color scheme, insignia or other distinguishable characteristics of the taxicab to be used, including the type of illuminated sign to be mounted on the top of the vehicle and legend thereon;

(6)

Evidence of public liability insurance of not less than $750,000.00 for the payment of damages for personal bodily injuries (including death resulting therefrom) and for damage to or destruction of property from any one accident;

(7)

Legal and registered ownership of the vehicles to be used by the applicant;

(8)

Prior experience of the applicant in the taxicab business, including any prior denial, revocation, or suspension by any public agency of any taxicab service, or taxicab driving permit, license or certificate;

(9)

All criminal convictions of the applicant and of all persons having an ownership interest in the proposed taxicab service.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The owner of a taxicab shall have the vehicle inspected by a licensed mechanic within 60 days of applying for an initial license or license renewal. No license or renewal thereof shall be granted unless the applicant presents a signed and dated statement from a licensed mechanic who inspected the vehicle certifying that the vehicle is in safe operating condition.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The owner of a taxicab shall maintain a legible, written record of all service maintenance and repairs performed on the vehicle, the dates the work was done, the mechanic doing the work and the location of the facility where the work was done. Such records shall be retained by the owner and shall be made available for inspection by the police department, for a period of at least three years.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Upon the furnishing of all the information required by sections 6.52.040 and 6.52.050 and payment of the required fee as established in a resolution adopted by the city council, the city clerk shall issue the applicant a taxicab service permit, if the applicant is in compliance with this chapter, is of good moral character and there are no grounds for denial of the permit under the provisions of this chapter. Any applicant denied a permit shall be given written notice of the grounds for denial.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Taxicab service permits shall be denied or revoked on the following grounds:

(1)

Failure to have or maintain insurance as required by this chapter;

(2)

Failure to maintain vehicles in good and safe order and in compliance with all laws;

(3)

False statements made on the application submitted under this chapter;

(4)

Failure to pay any fees as required under this chapter or by the city;

(5)

Repeated and persistent violations by the permittee or the permit holder's drivers of the traffic laws of the city and the state;

(6)

Employing a driver who does not have a valid taxicab driver's permit under the requirements of this chapter;

(7)

Violation of any of the provisions of this chapter by the permit holder;

(8)

The person is not of good moral character or has been convicted of a crime involving moral turpitude, soliciting for prostitution, the sale or use of narcotics or dangerous drugs, unless a period of not less than five years has elapsed since the date of conviction or the date of release from confinement for such offense, whichever is later.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

Every person engaging in or carrying on the business of taxicab service shall pay an annual permit fee as established by resolution adopted by the city council. Every person engaging in the activity of driving a taxicab shall pay an annual permit fee as established by resolution adopted by the city council. All such required fees shall be paid at the time an application for a permit is submitted.

(b)

Every permit issued under this chapter shall terminate at the expiration of one year from the date of its issuance, unless revoked prior to the termination. Any renewal of a permit issued under this chapter shall be pursuant to the same requirements, procedures, provisions and regulations set forth in this chapter for an original permit. A person holding a taxicab service permit may not drive a taxicab without also possessing a taxicab driver's permit. Permits issued under this chapter may not be transferred to any other person.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

It is unlawful for any person to drive a taxicab or non-emergency medical van in the city without having a taxicab driver's permit to do so under the provisions of this chapter where the driver picks up customers in the city.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

Any person desiring to obtain a taxicab driver's permit shall submit a written application to the city clerk. The applicant shall provide requested information on application forms supplied by the city clerk regarding the following:

(1)

Pertinent personal data and proof of possession of a valid class 3 driver's license issued by the state;

(2)

Physical condition;

(3)

Traffic record for five years prior to application;

(4)

All criminal convictions of the applicant;

(5)

Experience in driving motor vehicles, taxis or other vehicles for hire;

(6)

The name and address of the taxicab service by whom the applicant will be employed.

(b)

Each applicant shall be fingerprinted and photographed by the chief of police or designee and a criminal records check shall be conducted on the applicant. The applicant will be required to pay the police chief's established fees for such services in addition to the taxicab driver's permit fee as established by resolution adopted by the city council. A driver obtaining a permit renewal need not be fingerprinted and photographed if the chief of police determines that such is not necessary for proper administration of this chapter.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Taxicab driver's permits shall be denied or revoked on the following grounds:

(1)

The person does not possess a valid class 3 driver's license issued by the state;

(2)

The person is less than 18 years of age;

(3)

The person is required to register pursuant to Penal Code § 290;

(4)

The person is not of good moral character or has been convicted of a crime involving moral turpitude, soliciting for prostitution, the sale or use of narcotics or dangerous drugs, unless a period of not less than five years has elapsed since the date of conviction or the date of release from confinement for such offense, whichever is later;

(5)

The person has been convicted within the preceding five years for driving a vehicle while under the influence of liquor or drugs, or driving recklessly;

(6)

Repeated and persistent violations of the traffic laws of the city and state;

(7)

Driving any taxicab the driver knew, or should have known, was not in safe operating condition and/or in good repair;

(8)

False statements made on any application submitted under this chapter;

(9)

Operating a taxicab recklessly, unsafely, or while under the influence of alcoholic beverages or drugs;

(10)

Violation of any of the provisions of this chapter.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

If the city clerk finds that the applicant is duly qualified, of good moral character, in compliance with the provisions of this chapter and there are no grounds for denial, the city clerk shall issue a taxicab driver's permit to the applicant upon payment of all required fees. Any applicant denied permit shall be given written notice of the reasons for the denial. Permits shall remain the property of the city and are not transferable to any other person or driver. A permit shall be surrendered to the city clerk by the driver upon such driver ceasing to engage in the activity of a taxicab driver. The taxicab driver's permit shall set forth the driver's name and working address. The permit shall bear a current photograph of the driver and shall be displayed while the driver is operating the taxicab so as to at all times be easily visible in the passenger's compartment of the taxicab.

(b)

Upon payment of all required fees, submittal of the required application and completion of fingerprinting and photographing, the city clerk shall issue a temporary taxicab driver's permit which shall be valid for up to 60 days, if the applicant has certified under penalty of perjury that there are no grounds for denying the applicant a permit under the provisions of section 6.52.120. A temporary taxicab driver's permit may be terminated by the city clerk at any time by written notification of termination to the holder of a temporary driver's permit if the police chief's investigation determines that grounds for denial of a permit exist under section 6.52.120. Any temporary permit shall automatically terminate upon the issuance of a regular taxicab driver's permit to the applicant.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Any person denied a permit pursuant to this chapter may appeal, in writing, to the city council stating reasons why the permit should be granted. The city council may grant or deny the permit. Any appeal must be made within ten days of the mailing of notice of the denial of a permit. The city council may hear appeals directly, or in its sole discretion, may appoint a hearing officer to hear any appeal and make a recommendation to the city council. The decision of the city council on any appeal shall be final.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

No permit issued under this chapter shall be revoked until notice is provided and a hearing to determine whether there are grounds for revocation shall have been held before the city council or in the city council's sole discretion, before a hearing officer appointed by the city council, to hear the appeal and make a recommendation to the city council. Notice of such hearing shall be given, in writing, and served at least ten days prior to the date of the hearing hereon. The notice shall state the ground) for the proposed revocation, and shall designate the time and place where such hearing will be held. The notice shall be served upon the permit holder by delivering the same personally, or by leaving such notice at the place of business or residence of the permit holder in the custody of a person over the age of 18 years. In the event the permit holder cannot be found, and the service of such notice cannot be otherwise made in the manner herein provided, a copy of such notice shall be mailed, certified postage fully prepaid, addressed to the permit holder at his place of business or residence, at least ten days prior to the date of such hearing. The decision of the city council in a revocation appeal shall be final.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

This chapter shall be enforced by the chief of police.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

This chapter shall not apply to public transportation service being performed pursuant to a contract with the city or any other public entity in this state. This chapter shall not apply within the boundaries of the SunLine Joint Powers Authority Transit Agency except that nonemergency medical van service and drivers thereof shall comply with this chapter. A taxicab service or nonemergency medical van service and/or driver thereof shall be required to obtain a permit under this chapter whenever the driver or taxicab or nonemergency medical van service picks up customers in the city.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

Any taxicab service or taxicab driver performing service on the effective date of the ordinance from which this chapter is derived shall have 60 days from the effective date of such ordinance to obtain all permits required under this chapter.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

(a)

It is unlawful for any person to violate any provision of this chapter. Any person violating any provision of this chapter shall be deemed guilty of an infraction or misdemeanor as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted.

(b)

Any person so convicted:

(1)

Shall be guilty of an infraction offense and punished by a fine not exceeding $100.00 for a first violation;

(2)

Shall be guilty of an infraction offense and punished by a fine not exceeding $200.00 for a second violation;

(3)

For the third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding $1,000.00 or six months in jail, or both.

(c)

Notwithstanding subsection (b) of this section, a first offense may be charged and prosecuted as a misdemeanor.

(d)

Payment of any penalty herein shall not relieve a person from the responsibility for correcting the violation.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

CHAPTERS 6.56—6.64. - RESERVED