Chapter 29 — VEHICLES FOR HIRE

Cross reference— Licenses, permits and business regulations, ch. 15; motor vehicles and traffic, ch. 17.

State Law reference— Vehicles for hire, Vehicle Code § 16501; authority of city to license and regulate operation of vehicles for hire, Vehicle Code § 21100.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Advertise means to give public notice, either by publication in a newspaper or by means of handbills, placards or other written public notice, or to call to the public attention by any means whatsoever.

Ambulance means any motor vehicle used to transport, move or convey a sick, injured or dead person, but does not include a funeral coach. Ambulance services may provide such life-saving techniques allowed by the state, which may include emergency medical services and paramedic services.

Bureau means the management services department of the city.

Carrier means every person engaged in operating or causing to be operated any vehicle required by the provisions of this chapter to be covered by a permit.

Charter vehicle means every vehicle other than taxicabs, chauffeured limousines and sightseeing vehicles used for the public transportation of passengers for compensation over the streets of the city, not over defined routes, to a destination or over a route designated by the hirer thereof, when the point of origin is within the city.

Chauffeured limousine means every vehicle, the seating capacity of which has been specified by the manufacturer thereof to be seven persons or more, but does not include a bus, not equipped with a taximeter, used for the transportation of passengers for compensation over the streets of the city, but not over defined routes, when the point of origin is within the city.

Compensation means any money, thing of value, payment, consideration, reward, tip, donation, gratuity or profit paid, accepted or received for transportation of persons or for services rendered, whether paid upon solicitation, demand or contract, or voluntarily, or intended as a gratuity or donation.

Driver means every person driving, operating or in charge of any vehicle regulated by this chapter.

Driver's permit means a permit issued by the chief of police to any person to operate or drive any vehicle regulated by this chapter.

Emergency services means those services rendered under unforeseen conditions which require hospitalization for the repair of accidental injury, relief of acute pain, elimination of acute infection, protection of the public health or the amelioration of illness, which if not immediately diagnosed or treated would lead to disability or death.

Sightseeing vehicle means every vehicle, other than taxicabs and charter vehicles, used for the transportation of passengers for compensation over the streets of the city, whether or not over defined routes, for sightseeing purposes or showing points of interest, when the route is designated by the carrier and when the point of origin is within the city.

Street means every public street and road, alley, place, way or highway in the city.

Taxicab means every vehicle having a seating capacity of less than eight persons, excluding the driver, used for the public transportation of passengers over the streets of the city, but not over defined routes, irrespective of whether such operations extend beyond the city, whether or not compensation is paid for such transportation, and whether or not the charge to patrons is determined and indicated by the mechanical calculation of a taximeter.

Taximeter means a mechanical instrument or device by which the charge for hire of a taxicab is mechanically calculated, either for distance traveled or for waiting time, or both, and upon which such charge is plainly registered by means of figures indicating dollars and cents.

Taxistand means a place on a public street designated by the bureau for the use, while awaiting employment, of a vehicle covered by this chapter.

Temporary driver's permit means a permit issued by the chief of police to any person to temporarily operate or drive any vehicle regulated by this chapter.

Towing vehicle means any vehicle equipped or adapted for towing service or otherwise removing disabled motor vehicles from one place to another.

(Code 1968, § 31-1; Ord. No. 1086, § 46, 8-17-93; Ord. No. 1358, § 1, 9-18-01)

Cross reference— Definitions and rules of construction generally, § 1-2.

The requirements of this chapter shall not be applicable to towing carriers and drivers engaged in towing services other than towing carriers and drivers engaged in towing services furnished in response to police calls. The requirements of this chapter shall also be inapplicable to limousines and their drivers providing services as part of a funeral services.

(Code 1968, § 31-2; Ord. No. 1338, § 1, 12-5-00)

Upon the granting of any permit to any carrier as provided by this chapter, a copy of such permit shall be transmitted by the bureau to the chief of police, who is charged with the duty of enforcement of all provisions of this chapter and other ordinances pertaining to the operation of vehicles for hire.

(Code 1968, § 31-12)

Whenever a notice is required to be given, unless different provisions are otherwise specifically made in this chapter, such notice may be given either by personal delivery thereof to the person to be notified, or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to the person to be notified at his last known business or residence address as the address appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail shall be deemed to have been completed at the time of deposit in the post office. Proof of giving such notice may be made by an affidavit of any person over the age of 18 years, which affidavit shows service in conformity with this chapter or other provisions of law applicable to the subject matter concerned.

(Code 1968, § 31-11)

The city may terminate a permit issued under this chapter if the conditions of this chapter are not met.

(Code 1968, § 31-12.1)

Editor's note— Ord. No. 1698, § 1, adopted July 8, 2014, repealed § 29-6, which pertained to license plates and derived from Code 1968, § 31-3.

Editor's note— Ord. No. 1358, § 2, adopted September 18, 2001, repealed § 29-7, which pertained to insurance and derived from the Code of 1968, § 31- 4.

No permit shall be granted to any carrier to operate any vehicle covered by this chapter whose color scheme, name, trade name, monogram or insignia shall be in conflict with or in imitation of any color scheme, name, trade name, monogram or insignia used by any other carrier, and which shall be of such character and nature as to be misleading or deceptive to the public.

(Code 1968, § 31-5)

Each vehicle operated pursuant to the terms of this chapter shall be numbered. Such number shall be painted upon the body of the vehicle in numerals not less than four inches and not more than six inches in height, in a position approved by the bureau.

(Code 1968, § 31-6)

Secs. 29-10, 29-11. - Reserved.

Editor's note— Ord. No. 1358, § 2, adopted September 18, 2001, repealed §§ 29-10 and 29-11 in their entirety. Formerly, §§ 29-10 and 29-11 pertained to advertising on vehicles and vehicle cleanliness and inspection, respectively, and derived from the Code of 1968, §§ 31-7 and 31-8.

It shall be unlawful for any person to hire any vehicle regulated by this chapter with intent to defraud the person from whom it is hired or engaged of the value of such service.

(Code 1968, § 31-9)

It shall be unlawful for the driver of any vehicle subject to this chapter, upon receiving full payment for a fare as indicated by the taximeter or for services rendered, to refuse to give a receipt upon the request of any person making such payment. When the taximeter is of the so-called "receipt type," a receipt shall always be offered the passenger upon receiving payment without a request therefor being made.

(Code 1968, § 31-10)

(a)

No rate or fare shall be placed in effect, charged, demanded or collected by any carrier for the transportation of passengers by vehicles, or by any towing carrier for its services as covered by this chapter, until the bureau, after a hearing upon its own motion, or upon application or complaint, shall have found and determined such rate to be just, reasonable and nondiscriminatory and not in any way in violation of any provisions contained in this chapter or any provision of law; nor until such rate or fare shall have been established and authorized by the bureau with the approval of the mayor and city council. In establishing and authorizing such rates or fares, the bureau shall take into account and give due and reasonable consideration to the cost of all comparable transportation services performed by all persons engaged in such transportation services for compensation in the city or neighboring cities, the consumer price index, the investment of the applicant, the cost to provide service, a reasonable rate of return, and the rate approved by state highway patrol, as may be applicable.

(b)

The city council shall establish a maximum schedule of rates to be charged to persons who are transported for emergency or nonemergency purposes within the boundaries of the city by a city franchised ambulance company. It shall be unlawful for any city franchised ambulance company to charge, demand or collect rates exceeding those provided in the schedule of rates. City franchised ambulance companies shall not, however, be prevented from providing emergency or nonemergency ambulance transport services at rates less than those set forty in the schedule of rates.

(c)

This section shall not be applicable to the establishment of rates and fares of towing carriers.

(Code 1968, § 31-33; Ord. No. 1120, § 1, 8-2-94; Ord. No. 1358, § 3, 9-18-01)

(a)

The bureau shall have power, upon a hearing of its own motion, or application or complaint, to investigate a single rate of fare or the entire schedule of fares in effect, charged, demanded or collected for the transportation services by vehicles covered by this chapter and, with the approval of the mayor and city council, to establish a new rate, fare or schedule of fares in lieu thereof.

(b)

When requesting a rate increase, the franchised carrier will submit a detailed operating budget showing the resources of revenue for operations and the nature of all proposed expenditures by object, an audited financial statement covering the carrier's last complete fiscal year, a statement relating actual revenues and expenditures to the budget estimates for that year and indicating any separate surplus or deficit, and a statement outlining the proposed program of the carrier for the year for which the change is being requested.

(c)

The schedule of maximum rates for ambulance service and nonemergency wheelchair, van and gurney service may be increased upon an application to the bureau by a company providing ambulance, nonemergency wheelchair, van or gurney service. Such company, prior to application to the bureau, shall have reviewed the rates for which an increase is requested and have investigated comparable rates in other jurisdictions. The company requesting an increase shall submit an application to the bureau that shall include a detailed operating budget showing the resources of revenue for operations and the nature of all proposed expenditures by object, an audited financial statement covering the carrier's last complete fiscal year, a statement relating actual revenues and expenditures to the budget estimates for that year and indicating any separate surplus or deficit, and a statement outlining the proposed program of the carrier for the year for which the change is being requested. Approval of the mayor and city council shall be required to establish a new schedule of maximum rates for ambulance service and nonemergency wheelchair, van and gurney service.

(d)

This section shall not be applicable to the adjustment of rates and fares of towing carriers.

(Code 1968, § 31-34; Ord. No. 1358, § 4, 9-18-01; Ord. No. 1698, § 2, 7-8-14)

Secs. 29-16—29-40. - Reserved.

Editor's note— Ord. No. 1358, § 6, adopted September 18, 2001, repealed art. III, §§ 29-71—29-79, in its entirety. Formerly, art. III pertained to permits and derived from the Code of 1968, §§ 31-17—31-24.1 and Ord. No. 1190, §§ 1, 2, adopted May 21, 1996.

Secs. 29-71—29-105. - Reserved.