Emeryville Municipal Code Art. 2 Limousines

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:

(a)

"Chief of Police"

shall mean the Chief of Police of the City of Emeryville or his or her designee.

(b)

"Limousine driver"

shall mean every person driving a limousine as defined by this chapter.

(c)

"Limousine"

means and includes every motor vehicle designed to carry passengers, of private appearance (except as to license plates), not equipped with a taximeter, and used for the transportation of persons for hire over and along the public streets, but not over a fixed and defined route, but, as to route and destination, under the direction of the passengers or person hiring such limousine, of which the charge or fee for its use is based upon rates per mile, per trip, per hour, per day, per week, or per month.

(d)

"Owner"

means any entity that is named as the registered owner of a vehicle which is used as a limousine in the City, including but not limited to, receivers or trustees appointed by any court.

(Sec. 2, Ord. 24-007, eff. July 18, 2024; Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)

Every owner of a limousine and limousine driver shall operate from a fixed location, other than a public street. It shall be a violation of the Emeryville Municipal Code for any owner of a limousine or limousine driver to travel the public streets within the City of Emeryville for the purpose of soliciting fares.

(Sec. 2, Ord. 24-007, eff. July 18, 2024; Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)

When a limousine is engaged, the occupants shall have the exclusive right to the full and free use of the passenger compartment, and it is unlawful for the owner of a limousine and limousine driver to solicit or carry passengers contrary to such right; provided, however, that whenever the Chief of Police finds that public necessity temporarily requires the grouping of passengers in limousines, he or she may issue a special written permit, limited in time, which permit shall specifically set forth the rules and regulations under which such passenger grouping is permitted. It is unlawful for the owner of a limousine or any limousine driver to cause or permit any shade or blind to be drawn over any window of such vehicle while the same is occupied.

(Sec. 2, Ord. 24-007, eff. July 18, 2024; Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)

The limousine driver employed to carry passengers to a definite point shall take the most direct route possible that will carry the passengers safely, lawfully and expeditiously to said destination.

(Sec. 2, Ord. 24-007, eff. July 18, 2024; Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)

The limousine driver shall give a receipt, upon the request of any passenger, for the fare paid by such passenger.

(Sec. 2, Ord. 24-007, eff. July 18, 2024; Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)

It is unlawful for any person to hire a limousine or to enter and obtain a ride in the same, and to thereafter depart from such limousine without paying the driver the legal fare.

(Sec. 2, Ord. 24-007, eff. July 18, 2024; Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)

The limousine driver shall keep separate trip data records of every service rendered by such limousine driver, which trip data records shall include the following information:

(a) Location where passengers entered vehicle;

(b) Time of entry;

(c) Number of passengers;

(d) Location where passengers were discharged; and

(e) Amount of fare collected.

The owner of every limousine shall keep said trip data in his or her office files for a period of ninety (90) days after the date of service rendered, and the same shall at all convenient times be open to examination by any authorized representative of the Chief of Police. The falsifying of any trip data by an owner of a limousine or by a limousine driver and waybills indicating that a limousine is not being operated on a prearranged basis shall be a violation of this chapter.

(Sec. 2, Ord. 24-007, eff. July 18, 2024; Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)

If the Chief of Police determines that a violation of this article has occurred the entity in violation shall be guilty of an infraction punishable as set forth in Chapter 2 of Title 1 of this Code. In addition, any violation of this article may also be subject to administrative citation, as provided in Chapter 7 of Title 1.

(Sec. 2, Ord. 24-007, eff. July 18, 2024; Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)