El Cerrito Municipal Code Ch. 6.30 Taxicabs

"Taxicab business" means any person, firm or corporation which operates any vehicle within the city for the purpose of carrying passengers for hire provided that such vehicle is designed for carrying not more than eight persons, excluding the driver.

(Ord. 99-2 Div. I, 1999.)

A. It is unlawful for any person, firm or corporation to engage in a taxicab business within the limits of the city unless a taxicab permit has been obtained from the city, in the manner specified in Chapter 6.05 of this title, for each taxicab used in such taxicab business. The police chief is the public official who will conduct the investigation. In addition to obtaining a taxicab permit, any person, firm or corporation who wishes to engage in a taxicab business within the city shall pay a business license tax as provided for in Chapter 4.32 of this code.

B. It is unlawful for any person to drive a taxicab within the city without first having obtained a taxicab driver's permit from the police chief as provided in Section 6.30.025.

C. A copy of the taxicab permit, the taxicab driver's permit and a picture of the taxicab driver shall be posted in a conspicuous manner, and large enough in size to be easily readable from the back seat passenger compartment.

D. No taxicab permit or taxicab driver's permit shall be required for a taxicab which is lawfully transporting a passenger from a point outside the city to a destination within the city is in route from a point outside the city to a destination outside the city.

(Ord. 99-2 Div. II, 1999: Ord. 92-14 Divs. 1, 2, (part), 1992.)

Any person, firm or corporation requesting a taxicab permit from the city shall submit the following documents with the taxicab permit application:

A. A certificate of insurance provided directly by the applicant's insurance agent or insurance company, evidencing that the applicant is in conformance with the insurance requirements contained in Section 6.30.040. The insurance agent or insurance company shall provide insurance endorsements confirming compliance with the insurance requirements contained in Section 6.30.040. The insurance agent or insurance company shall provide insurance endorsements confirming compliance with the insurance requirements contained in Section 6.30.040 within forty days of the issuance of the certificate of insurance. If the police chief does not receive the endorsement within forty days of the issuance of the certificate of insurance, the taxicab permit shall be immediately revoked pursuant to Section 6.30.140.

B. A rate scheduled which includes the maximum rates to be imposed.

C. Evidence satisfactory to the police chief indicating that the vehicles to be utilized in the taxicab business are in a safe operating condition. In satisfaction of this requirement, the police chief shall require an inspection report by a facility certified by the state of California Bureau of Automotive Repair provided that the facility is in no way connected to the applicant's taxicab operation. This inspection shall include, but not be limited to, mileage at the time of inspection, the condition of the engine and transmission, all running gears, braking system, lighting system, exhaust system, air pollution system, tires and wheels and compliance with appropriate safety equipment mandated by the federal government for the particular make, model and year of the vehicle.

D. A current copy of the taximeter cerificate of inspection dated within thirty days of the date of application and confirming that the taximeter has been tested and sealed.

E. The name, address and telephone number of the owner of the taxicab. If the taxicab is leased, the name, address and telephone number of the taxicab leasing company.

F. If the police chief denies the application for a taxicab permit, the police chief shall make findings which provide the basis for the denial. The applicant may appeal the police chief's determination in the manner provided in Chapter 6.15 of this code.

(Ord. 2001-8 Div. 1, 2002; Ord. 99-2 Div. III, 1999: Ord. 92-74 Divs. 1, 2 (part) 1992.)

Any person requesting a taxicab driver's permit from the city shall submit the following documents with the permit application:

A. A letter of employment, or an offer of employment, from a taxicab business licensed to do business in the city or a taxicab business which has submitted an application for a license to do business in the city. In those instances in which the applicant is the owner or operator of a taxicab business, a copy of the taxicab permit for that business shall be submitted in connection with the taxicab driver permit application.

B. A valid California driver's license.

C. A driver's license report from the California Department of Motor Vehicles concerning the applicant which is dated within ten days of the date of the applicant's application for a taxicab driver's permit. The report shall be used to determine whether the applicant has a record of driving in a safe and lawful manner and whether the applicant has been convicted of driving under the influence of drugs and/or alcohol within the past five years.

D. Compliance with the mandatory controlled substance and alcohol testing certification program as set forth below:

1. A report from a reputable drug testing company certifying that the applicant has tested negative for each controlled substance specified in Part 40, Title 49 of the Code of Federal Regulations. A negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent. The police chief shall provide the applicant with a list of certified drug testing companies which offer tests in or near the city.

2. The applicant shall show a valid California driver's license at the time and place of testing. The testing procedures shall be in conformance with Part 40, Title 49 of the Code of Federal Regulations.

3. Test results from another jurisdiction shall not be accepted by the city as satisfying the requirements of this section for an initial taxicab driver's permit. Test results from another jurisdiction may be accepted by the city in connection with the renewal of a taxicab driver's permit as provided for in Section 6.30.030.

4. Test results shall be reported directly to the police chief. In the case of a self-employed independent driver, the police chief shall notify the taxicab leasing company of record, if any, of any positive result. In all other cases, the police chief shall notify the taxicab business employing, or offering employment, to the applicant whether a taxicab driver's permit has been approved or rejected.

5. All test results are confidential and shall not be released without the consent of the applicant, except as authorized or required by law.

6. Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of, this program with respect to themselves. Employing taxicab companies shall be responsible for compliance with, and pay all costs of, this program with respect to their employees, except that an operator may require employees who test positive to pay the cost of rehabilitation and of return to duty and follow up testing.

E. Each taxicab driver's permit issued hereunder shall state the name of the driver's employer.

F. A taxicab driver's permit shall become void upon termination of employment. The taxicab company for which the driver has been working shall provide written notification to the police chief within fifteen days of such termination, and the driver shall immediately surrender his or her taxicab driver's permit to the police chief.

G. Each application for a taxicab permit, and each renewal thereof, shall be accompanied by a fee in the amount established by the city's master fee schedule.

H. If the police chief denies the application for a driver's permit, the police chief shall make finding which provide the basis for the denial. The applicant may appeal the police chief's determination in the manner provided in Chapter 6.15 of this code.

(Ord. 99-2 Div. IV, 1999.)

A. All taxicab permits and taxicab driver's permits issued by the city shall expire on the thirtieth day of June of each year, and may be renewed each year only upon compliance with Sections 6.05.090, 6.30.020 and 6.30.025 of this title.

B. As part of the application for the renewal of a taxicab driver's permit, the applicant shall provide all of the documentation required by Section 6.30.025 of this code except as provided below.

C. In the case of the renewal of a taxicab driver's permit, a negative test result from another jurisdiction may be submitted in satisfaction of the testing requirements contained in Section 6.30.025(D) provided that the negative test is less than one year old and provided that the driver has not tested positive for a controlled substance specified in Part 40, Title 49 of the Code of Federal Regulations subsequent to the date of the negative test result.

(Ord. 99-2 Div. V, 1999: Ord. 92-14 Divs. 1, 2 (part), 1992.)

A. No taxicab permit shall be granted or maintained unless a policy of insurance, covering each taxicab utilized in the taxicab business, is in full force and in effect at all times. The policy of insurance shall:

1. Insure the holder of the permit against loss by reason of injury or damage that may result to any person or to property from the operation of that taxicab;

2. Provide limits of at least two hundred fifty thousand dollars or any person injured or killed and subject to such limit for each person, a total liability of at least one million dollars for any one accident resulting in bodily injury or death to more than one person;

3. Each such policy of insurance shall also provide insurance to the extent of at least fifty thousand dollars for damage to or destruction of any property of third persons.

4. Each such policy shall provide that it shall no be canceled except upon thirty days' prior written notice thereof to the police chief.

B. Each such policy shall be a continuing insurance policy up to the full amounts thereof notwithstanding any recovery thereon.

C. The agent or company providing the insurance shall include with the applicable endorsement, a list of all of the vehicles owned or operated by the taxicab business in the city which are included as insured vehicles under the policy. For each vehicle, the agent or company shall provide the year and model of such vehicle and its vehicle identification number.

(Ord. 99-2 Div. VI, 1999: Ord. 92-14 Divs. 1, 2 (part), 1992.)

It is unlawful for any person, firm or corporation to engage in a taxicab business within the city unless service is available daily on a twenty-four-hour per day basis.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

It is unlawful for any person, firm or corporation to install call boxes on city property.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

Each taxicab with a permit to operate in the city shall bear the name under which the owner operates, together with a telephone number and cab number plainly painted, in letters at least two inches in height, on each side and upon the rear of such vehicle. In addition, every taxicab shall have a sticker attached to the right rear bumper, furnished by the license administrator of the city. The vehicle sticker is for identification purposes only, and does not grant the vehicle operator any special driving or parking privileges.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

Taxicab names and markings shall be distinctive and not similar to those an other taxicabs having permits to operate in the city.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

A. It is unlawful for any person, firm or corporation to offer taxicab service or to accept passengers from any location where a taxicab service is operated by another person, firm or corporation, or when it is apparent that the prospective passenger has already called for a taxicab operated by another person, firm or corporation and is waiting for such taxicab to arrive.

B. When a taxicab is engaged by any person or persons the occupants shall have the exclusive right to the use of the taxicab from the time of engaging such taxicab until the occupant or occupants are delivered to the designated destination. No owner or driver of the taxicab shall solicit or carry, or cause or permit to be solicited or carried, additional passengers therein without the consent of the person or persons first engaging such taxicab.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

A. The current taxicab fare rates shall be on file with the police chief.

B. All taxicabs which have obtained a permit under the provisions of this title shall display the maximum fare rates in a conspicuous manner, readable in the passenger compartment,

(Ord. 2001-8 Div. 2, 2002; Ord. 92-14 Divs. 1, 2 (part), 1992.)

A. Every taxicab subject to the provisions of this chapter shall be equipped with a taximeter which conforms to all applicable requirements of state law. Every taximeter shall be sealed by a county sealer of weights and measures and shall be mounted in each taxicab so as to be visible at all time to the passengers therein. The face of the taximeter shall be illuminated at all times that the taxicab is in operation between the hours of sunset and sunrise.

B. Every taximeter shall be subject to inspection by the police chief and the county sealer of weights and measures or theor designated representatives at any time. In the event any taximeter is found to be inaccurate. or it it is found in any respects not to meet the requirements of this section or the applicable laws and regulations of the state, the taxicab in which such taximeter is mounted shall be placed out of operation until such time as the taximeter is repaired and found to be in proper operating condition by the police chief or the county sealer of weights and measures or their designated representatives.

C. Any owner or operator of a taxicab who has made repairs or adjustments to the taximeter installed therein, or who has installed a new or repaired taximeter in the taxicab, or has made any adjustments to the taxicab which may affect or alter the accuracy of the taximeter, shall, within twenty-four hours after such taximeter has been repaired, adjusted or installed, notify the county sealer of weights and measures and request a test of the taximeter for accuracy.

(Ord. 2001-8 Div. 3, 2002.)

Each owner of a taxicab business shall maintain a record of requests for service, listing time, location, destination, cab number and driver assigned. Such records shall be displayed to the police chief at any time upon demand. Such records shall be maintained for two years.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

Each owner of a taxicab business shall keep and maintain at all times a complete and accurate record of all drivers employed in the business, which records shall show in detail:

A. The names and addresses and dates of the beginning and termination of employment of the drivers;

B. The taxicab or taxicabs driven by each such driver;

C. The hours during which each such driver was on duty during each day or night of employment;

D. A list of all days or nights on which such driver was absent from his employment.

Such records shall be displayed to the police chief at any time upon demand and shall not be destroyed within two years without permission of the police chief.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

It is unlawful to operate or cause to be operated any taxicab utilized in a taxicab business for which a permit has been granted pursuant to Section 6.30.010 of this chapter when it is not in safe operating condition. The police chief may have an inspection performed on any taxicab to ensure compliance with this section.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

The police chief shall have the power to refuse to issue the permit required by Section 6.30.010, or to suspend or revoke any permit or license issued to a person, firm or corporation to operate a taxicab within the city. Such power shall be exercised by the police chief for good cause found only after notice and hearing. The reasons for such action include violation of or failure to comply with any of the provisions of this chapter, or of the state Vehicle Code.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

A person, firm or corporation may appeal the action of the police chief to the council in the manner specified in Chapter 6.15 of this title.

(Ord. 92-14 Divs. 1, 2 (part), 1992.)

By providing for the regulation of taxicabs and taxicab drivers in the manner provided for in this chapter, the city is only protecting the general welfare. It is not assuming, nor is it imposing, on the city, or its officers and employees an obligation for which there may be liability in money damages to any person who claims that such breach proximately caused injury.

(Ord. 99-2 Div. VII, 1999.)