Fairfield Municipal Code Art. II Certificate and Public Convenience and Necessity

No person shall operate or permit a taxicab, and no owner shall permit a taxicab to be operated as a vehicle for hire upon the streets of the City without first having filed an application for, and having obtained, a certificate of public convenience and necessity pursuant to this section.

Notwithstanding the foregoing, owners of taxicabs operating on Travis Air Force Base through a permit for franchise issued by the proper authority on such base, shall not be required to obtain a certificate of public convenience and necessity from the City for such operation. The permit or franchise authorizing such taxicabs or taxicab company to operate within the limits of Travis Air Force Base, however, does not authorize the vehicles coming under such permit or franchise to hire or pick up customers upon the streets of the City outside of the confines of Travis Air Force Base without first having obtained a certificate of public convenience and necessity for such taxicab from the City Council.

All persons applying to the City Council for a certificate for one or more taxicabs shall file with the Chief of Police a sworn application therefore on forms provided by the Chief of Police as follows:

(a) The name and address of the owner or person applying.

(b) The number of vehicles actually owned or leased, and the number of vehicles actually operated by such owner on the date of application, if any.

(c) The number of vehicles for which certificates of public convenience and necessity is desired.

(d) The make, type, year of manufacture and passenger seating capacity of each taxicab for which application for certificate of public convenience and necessity is made.

(e) The make and type of taximeter intended to be installed on each taxicab for which application for certificate is made.

(f) A description of the proposed color scheme, insignia, trade style and any other distinguishing characteristics of the proposed taxicab design.

(g) The name of the company under which the owner shall conduct business in the City.

(h) Such other information as the Chief of Police may require.

(Ord. 2006-25)

In determining whether the public convenience and necessity require the operation of the taxicab(s) for which application is made, the City Council shall hold such public hearing as may be necessary to determine that fact.

Having declared that the public convenience and necessity require the additional taxicab service, the City Council shall grant a certificate of public convenience and necessity to those persons applying therefor who in its opinion are entitled thereto. Each certificate shall permit the operation of one or more vehicles. The Council shall, in its discretion, determine the number of certificates to be granted to any applicant.

No certificate shall be issued to any person who shall not have fully complied with all of the requirements of this Chapter necessary to be complied with before the commencement of operation of the proposed vehicle.

Upon the granting of such certificate, the certificate holder shall, within thirty days, start operation of the taxicab(s) and shall regularly and continuously operate the taxicab(s) for a period of not less than eight hours per day, five days per week, conditions preventing such operation which are beyond control of the certificate holder excepted, unless the Chief of Police grants written permission for temporary non-operation of the taxicab(s) for a period not to exceed ninety (90) days.

(Ord. 2007-21, § 1)

No certificate holder of a certificate of public convenience and necessity shall operate a taxicab under that certificate unless it complies with all of the provisions of this Chapter. The Chief of Police may approve, in writing, the replacement of vehicles authorized by a certificate of public convenience and necessity with vehicles of a different type. In addition, each vehicle which is the subject of a granted certificate shall maintain the same color scheme, insignia, numbers and lettering, and shall continue to be operated under the same company name, as were identified in the application for the certificate, except to the extent that the Chief of Police approves changes in writing.

(Ord. 2007-21, § 2)

Within ninety (90) days of the effective date of this ordinance, the Chief of Police shall specify a new form of certificate and issue certificates in such new form to all current holders.

Thereafter, all persons who receive certificates shall receive them in the new form so specified. Each taxicab operator to whom a certificate of public convenience and necessity is or has been issued shall cause a copy of the certificate of convenience and necessity, duly authenticated by the Chief of Police, to be conspicuously displayed at all times in each cab for which the certificate has been granted.

No certificate of public convenience and necessity may be sold, assigned or otherwise transferred without the consent of the City Council. The Council may grant or deny or impose such conditions with respect to the transfer of a certificate as it may deem to be in the best interests of the public safety and general welfare. No certificate may be mortgaged without first filing a notice of intention to mortgage with the Chief of Police and submitting additional information as may be required.

Certificates issued under the provisions of this article may be revoked or suspended by the chief of police if the certificate holder thereof has:

(a) Violated any of the provisions of this Chapter.

(b) Violated this code or any other ordinances of the City or laws of the United States or the state, the violations of which reflect unfavorably on the fitness of the certificate holder to offer public transportation.

Prior to suspension or revocation under this section, the certificate holder shall be given notice of the proposed action to be taken and shall have an opportunity for a hearing before the Chief of Police or a hearing officer appointed by him or her for this purpose. An appeal of the decision to revoke or suspend a certificate may be heard by the City Council.

If an owner sells or discontinues his or her business for a period of more than thirty (30) days without having obtained permission for temporary cessation of operations from the Chief of Police pursuant to section 19.14, and the Chief of Police has provided the owner with not less than five days’ written notice to appear at a specified City Council meeting to provide evidence that the owner continues to own and operate the service in conformance with this Chapter, the certificate granted shall be automatically cancelled. unless the City Council adopts a resolution at such meeting making findings that the owner in fact continues to own and operate the service in conformance with this Chapter. Such cancellation shall be effective as of the day immediately following said City Council meeting.

(Ord. 2006-25)

Certificates of public convenience and necessity which have been suspended or revoked by the Chief of Police, or which have been cancelled, shall forthwith be surrendered to the Chief of Police and the operations of any taxicab covered by such certificates shall cease and be unlawful. The owner may not secure additional certificates for the operation of any taxicab without having first made application therefore in the manner provided in this Chapter.

In the event a vehicle is retired from service and the certificate holder wishes to replace it with another vehicle, the new vehicle shall maintain the same color scheme, insignia, numbers and lettering, and shall continue to be operated under the same company name, as were identified in the application for the certificate, except to the extent that the Chief of Police approves changes in writing. The Chief of Police, upon written request of applicant within thirty (30) days of such replacement, shall inspect the replacement vehicle and certify in writing that it complies with all the provisions of this Chapter. No replacement cab shall be put into operation before the Chief of Police has provided such written certification.

Each certificate holder shall continuously operate its taxicab(s) exclusively under the company name identified in its application except to the extent that the Chief of Police approves a change in writing. Compliance with this section 19.22 includes, without limitation, using that name in all advertising and on all company communications.

(Ord. 2006-25)