Article V — TAXICABS AND VEHICLES FOR HIRE

Editor's note— Ord. No. 1358, § 7, adopted September 18, 2001, repealed art. V in its entirety and enacted new provisions as herein set out. Formerly, art. V pertained to taxicabs and derived from the Code of 1968, §§ 31-25—31-32.

The purpose of this article is to establish regulations for the provision of taxi service and vehicles for hire to the residents of the city in accordance with the authority granted to the city by state law. Moreover, these regulations are intended to assure that owners and drivers of taxicabs and vehicles for hire meet minimum operational and safety standards to assure that passengers are safely transported across city streets and highways.

(Ord. No. 1358, § 7, 9-18-01)

No person shall engage in the taxicab business or operate a vehicle for hire upon the streets of the city without first having obtained all permits required to do in accordance with the provisions of this article.

(Ord. No. 1358, § 7, 9-18-01)

(a)

It is hereby determined that Yellow Cab Company and Bell Cab Company are, as of the date of adoption of this article, providing taxicab service to the residents of the city under previous permits or permit extensions granted by the city.

(b)

The city reserves the right to terminate, without cause, the permits and licenses granted by this section upon 180-day written notice to the authorized representatives of Yellow Cab Company or Bell Cab Company.

(c)

The permits and licenses issued pursuant to subsection (a) of this section shall be deemed to have been accepted, subject to the terms and conditions set forth in this article, and this section in particular, on the effective date of this article and by the continued provision of taxicab service to the residents of the city.

(Ord. No. 1358, § 7, 9-18-01; Ord. No. 1698, § 4, 7-8-14)

(a)

The city council shall, from time to time, develop objective performance criteria to be used in evaluating permit requests for the awarding of new permits and licenses or the renewal of existing permits and licenses. The objective performance criteria shall be established by separate resolution and contain minimum performance standards to be met by permit applicants.

(b)

The management services director or designee shall award future permits to qualified permittees meeting the adopted performance criteria adopted by resolution of the city council. In accordance with California Government Code Section 53064, the management services director or designee shall have the right to select taxicab operators by lot in the event that more operators than necessary submit qualified bids that meet the minimum requirements of the performance criteria.

(c)

The management services director's or designee's decision with respect to such selection may be appealed in writing to the city manager within ten calendar days of the decision. The letter shall contain a statement of the reasons for the appeal.

(d)

Upon receipt of a timely appeal, the city manager shall review the statement of reasons contained in the appeal and determine whether the management services director's or the designee's decision comports with all requirements for selection contained in the performance criteria. The city manager shall render a written decision within ten calendar days of the receipt of an appeal. The city manager may designate an impartial hearing officer to hear the matter. The city manger's or hearing officer's decision shall be final.

(e)

The management services director shall award permits required pursuant to this article to operators and drivers selected in accordance with this section.

(Ord. No. 1358, § 7, 9-18-01)

(a)

It shall be unlawful to operate, or cause to be operated, a vehicle for hire or a taxicab upon any public street within the city without first having obtained a permit to do so in accordance with the provisions of this article. This section is intended to apply only to the initiation of service or pick-ups made by vehicles for hire or taxicabs in the city.

(b)

This article shall not be applicable to any of the following:

(1)

A vehicle which is lawfully transporting a passenger or sick, injured or dead person, provided that no such vehicle shall solicit or accept a passenger, sick, injured or dead person without obtaining the appropriate applicable permits, if any, for such transportation.

(2)

A vehicle being operated pursuant to a franchise issued by authority of the state public utilities commission or the Interstate Commerce Commission.

(3)

A vehicle being operated for the purpose of transporting bona fide pupils attending an institution of learning between their homes and such institution.

(4)

A vehicle being operated under what is commonly referred to as a "share-the-ride" plan or arrangement, as where a person en route from his place of residence to his place of business, or vice-versa, transports another person living and working in the same general vicinity upon payment of a sum estimated to cover the actual or approximate cost of operation of the vehicle or as part of a bona fide employer-sponsored program.

(5)

Vehicles rented or leased for self-operation by a person using such vehicle under a plan commonly known as "U-Drive," but not when transporting other persons for compensation.

(Ord. No. 1358, § 7, 9-18-01)

(a)

Between June 1 and June 30, inclusive, of each year any person desiring to obtain a new permit or renew an existing permit for a vehicle for hire or taxicab shall submit a letter to the city clerk requesting the city council determine that the public convenience and necessity require that additional permits be issued or that existing permits be renewed. The letter shall include information demonstrating why the public convenience and necessity require awarding additional permits or renewing existing permits. Within 60 days of receipt of the letter, the matter shall be set for hearing and all existing permittees shall be notified by letter at least ten days prior to the hearing. No additional permits shall be granted until the city council shall have determined by resolution that the public convenience and necessity requires the issuance of new licenses or the renewal of existing licenses.

(b)

In determining whether the public convenience or necessity requires additional licenses or the renewal of existing licenses, the city council shall be guided by the following:

(1)

The transportation needs of residents and visitors of the city;

(2)

The number of taxicabs and limousines, and other vehicles for hire already operational in the city;

(3)

Whether existing transportation services are adequate to meet the public need;

(4)

The probable effect of additional taxicabs or vehicles for hire on local traffic conditions;

(5)

Increases in population and its impact on the demand for taxicab services; and

(6)

Other relevant factors.

(c)

Nothing in this section shall prohibit the city council from determining that the public convenience and necessity require additional permits or licenses be issued at any time upon finding that conditions exist that necessitate granting additional licenses for the health, welfare, and benefit of the residents of the city.

(d)

The city council shall be authorized to establish a minimum number and maximum number of taxicabs and vehicles for hire to be employed by a permittee as a condition of the permit.

(Ord. No. 1358, § 7, 9-18-01)

If the city council determines that the public convenience and necessity require the issuance of additional licenses or the renewal of existing licenses, it shall direct the management services director to accept applications from all persons desiring to obtain such permits or licenses. The applicants shall pay to the city a nonrefundable fee in an amount set by resolution of the city council and shall make an application for such licenses or permits to the management services director. The applications shall set forth the following information:

(1)

The name, residence and business address and present occupation of the applicant;

(2)

If the applicant is a corporation, the names and present occupation(s) of its principal officers;

(3)

If the applicant is a partnership, association, or fictitious company, the names of the partners or persons comprising the association or company with the residence and business address of each;

(4)

A statement as to whether the permit is desired for a vehicle for hire or a taxicab;

(5)

A description of every motor vehicle which the applicant proposes to use, giving:

a.

The make, model, body style and year;

b.

The motor and serial numbers;

c.

The state license number; and

d.

The seating capacity.

(6)

The street number and exact location of the place where the applicant proposes to stand each such automobile;

(7)

The distinctive color scheme, name, monogram, or insignia proposed to be used on such automobile;

(8)

A financial statement prepared by a certified public accountant, showing net worth and results of operation for the prior 12 months and/or last fiscal year;

(9)

A statement as to whether the applicant, person or corporation has any unpaid judgements, and if so, the nature and amount of any unpaid or unbonded judgement;

(10)

A statement of any bankruptcies, either personal or business, including the number, court and date of discharge;

(11)

A statement of experience of the applicant in the operation of taxicabs or vehicles for hire; and

(12)

A statement of facts indicating how the applicant meets the objective performance criteria established by resolution of the city council.

A permit awarded to an operator by the management services director or designee in accordance with the provisions of section 29-174 shall state that the permit is granted for a term not to exceed five years, shall indicate the total number of licenses awarded to the operator, and shall include a statement that any violation of the terms of this article may be grounds for revoking the permit.

(Ord. No. 1358, § 7, 9-18-01)

Notwithstanding the approval period granted, all owner's permits shall be subject to review by the management services director, or designee, on an annual basis occurring on the anniversary of the granting of the permit. Such review shall be limited to determining whether the owner is complying with the provisions and standards contained in this article. The management services director, or designee, may refer the matter to the city council for review in accordance with the provisions contained in section 29-195 upon finding that a permittee is not complying with the provisions and standards set forth in this article.

(Ord. No. 1358, § 7, 9-18-01)

In the event any permittee desires to change his schedule of rates, or desires to change the color scheme, name, monogram, or insignia used on the automobile for hire or taxicab, or to substitute any vehicle for, and in place of, the vehicle described in the application for the permit, the permittee shall make application for permission to do so from the management services director, which permission shall be granted if, in the discretion of the management services director, he or she deems the public interest, necessity, and convenience will be served by such change and if the permittee has complied with all the provisions of this article.

(Ord. No. 1358, § 7, 9-18-01)

No permit issued pursuant to the provisions of this article shall be transferable, either by contract or operation of law, without the permission of the management services director having been first obtained, and any such attempted transfer shall be sufficient cause for revocation of such permit.

(Ord. No. 1358, § 7, 9-18-01)

It shall be unlawful for any person licensed pursuant to the provisions of this article to permit a taxicab or vehicle for hire to be driven for hire by any person who has not obtained a permit from the chief of police to operate as a taxicab or vehicle for hire driver.

(Ord. No. 1358, § 7, 9-18-01)

Driver's permit applications (including renewal and replacement) shall be on the form provided by the chief of police and shall become void upon termination of employment by the stated employer, who shall notify the chief of police upon termination and cause the permit to be returned to the city. First-time applications shall be accompanied by a nonrefundable application fee set by resolution of the city council. Driver's permits issued upon approval of applications shall remain in force for a period of one year from the date of issue. Fees for replacement and renewal driver's permit shall also be set by resolution of the city council.

As a condition to granting or renewing a driver's permit, the chief of police is hereby empowered to require the applicant:

(1)

To be fingerprinted;

(2)

To undergo background checks by the California Department of Motor Vehicles and any other agency deemed appropriate to determine the safety practices of the drivers;

(3)

To undergo testing for controlled substances and alcohol pursuant to section 53075.5 of the California Government Code;

(4)

To submit a statement of the applicant's physical condition, including statement of whether an applicant has ever had epilepsy, blackout periods, fainting spells, or been addicted to the use of alcohol, narcotics, or other form of dangerous drugs. Based upon such statement, an applicant may be required to submit a medical report and have a valid medical certificate. In such a situation, the applicant for a driver's permit may be granted a temporary permit for 30 days pending receipt of a valid certificate. Upon submittal of the valid medical certificate and acceptance by the chief of police, a regular permit shall be issued to an applicant if all other requirements of this article have been met; and

(5)

No driver's permit shall be issued to any person:

a.

Who fails to submit or fails a mandatory controlled substances and alcohol testing certification program in accordance with California Government Code, Section 53075.5;

b.

Whose driving record indicates five violations of traffic laws involving moving vehicles within two years preceding the date of application;

c.

Who has willfully furnished false information on this application or omitted to furnish all information requested on said application forms;

d.

Who has been convicted of driving while under the influence of intoxicating liquor or narcotic drugs, or both, within three years of the date of application; or

e.

Who has been convicted of a felony or any crime involving moral turpitude, violence toward persons or property or illegal sexual conduct within five years preceding the date of application.

The chief of police is also hereby empowered to accept a permit from another jurisdiction in lieu of the submittal of a permit application, upon a showing by the applicant that the jurisdiction contains substantially the same permit requirements.

(Ord. No. 1358, § 7, 9-18-01)

A driver's permit shall contain all the information contained on the operator's driver's license and shall include a picture of the driver.

(Ord. No. 1358, § 7, 9-18-01)

The driver's permit shall be posted in a conspicuous place in the vehicle which the driver is operating at all times while he is operating the same for the purpose of carrying passengers for hire.

(Ord. No. 1358, § 7, 9-18-01)

It shall be unlawful for any person licensed pursuant to the provisions of this article to permit a taxicab or vehicle for hire to be driven for hire by any person who has not complied with the requirements of the California Vehicle Code requiring a valid driver's license, within the appropriate automobile classification.

(Ord. No. 1358, § 7, 9-18-01)

The rules and regulations set forth in this section shall be observed by all persons operating taxicabs and vehicles for hire, as applicable, and it shall be unlawful to operate such taxicabs or vehicles for hire in violation of any such rules and regulations.

(1)

Uniforms and driver's appearance. Any person operating a taxicab or vehicle for hire shall wear a distinctive uniform with an emblem, badge or insignia and similar color scheme identifying the driver's association with an operating company licensed by the city. The driver's uniforms shall be clean and in good, nonfaded condition. Drivers shall be well groomed and shall not wear t-shirts or tank tops without collars. All persons operating taxicabs and vehicles for hire in the city shall take all efforts to be neat, clean and well groomed in their appearance and attire at all times while operating a vehicle regulated by this article.

(2)

Stopping at railroad crossing. All taxicabs and vehicles for hire shall, while carrying passengers, come to a full stop within 30 feet of the nearest railroad rail before crossing any railroad track where no gates are maintained.

(3)

Stopping and standing. No vehicle for hire or taxicab shall remain standing upon any portion of any public street within the city except for loading and unloading passengers, and then not for a period of more than five minutes, excepting such stand as may be designated by the city council and described in the application for a permit. The provisions of this subsection shall not apply to any automobile for hire or taxicab while the same is engaged by, and being paid for by, a passenger.

(4)

Direct routes. The operator of a taxicab shall carry any passenger engaging the same safely and expeditiously to his destination by the most direct and accessible route.

(5)

Mechanical condition. All vehicles for hire and taxicabs shall be kept in good mechanical condition. The city reserves the right to conduct periodic inspections and to charge a reasonable inspection fee to be set by resolution of the city council. Each taxicab operator and vehicle permittee shall maintain every taxicab or vehicle for hire free from:

a.

Unsightly dirt, grime and stains inside and out including the trunk.

b.

Cracked or broken windows, headlights, taillights and interior lights.

c.

Missing or broken door locks and handles and window cranks.

d.

Torn floor covering, head liner or upholstery.

e.

Unusual or unsightly paint defacement and body dents.

f.

Unauthorized signs or markings, such as bumper stickers.

g.

Missing parts such as hubcaps and moldings.

(6)

Sanitation. No vehicle for hire or taxicab shall be operated unless the passenger compartment is kept clean and in a sanitary condition.

(7)

Interior lighting. Hours. Every vehicle for hire and taxicab shall be equipped with a light of not less than two candlepower, within such vehicle, so arranged to illuminate the entire passenger compartment. Such light shall be constantly lighted at all times while the passenger is in such vehicle, except when the vehicle is in motion, from one-half hour after sunset of any day until one-half hour before sunrise of the following day, and no shade or blinds shall be drawn over the windows of an automobile for hire or taxicab while any passenger is in such vehicle.

(8)

Operation by minors and certain other persons. No taxicab or vehicle for hire shall be operated by any person who:

a.

Is under the age of 21 years;

b.

Does not have a valid driver's license issued by the state;

c.

Is under the influence of intoxicating liquors or narcotics;

d.

Is using tobacco in any form while operating such vehicle;

e.

Is for any reason whatever unable or incompetent to safely handle such vehicle; or

f.

Operates such vehicle in violation of any law.

(9)

Unfair competition. No owner or operator of any vehicle for hire or taxicab shall indulge in unfair competition with competitors or commit any fraud upon the public or other persons engaged in the same business. The management services director shall be the sole judge of what constitutes fraud or unfair competition for the purposes of this subsection. Any complaint to the city council of any violation of the provisions of this subsection shall only be heard upon a written complaint specifying the act complained of and sworn to by the complainant before a notary public or other officer authorized to administer oaths.

(10)

Posting of rates and provisions. Every taxicab shall have posted in the passenger compartment visible to passengers a schedule of rates and charges for the hire of such vehicle and a copy of the provisions of this article.

(11)

Overcharging. No charge shall be made by any operator or owner of a taxicab or vehicle for hire in excess of the rates approved by the city council and posted in the passenger compartment of such vehicle.

(12)

Taxicab vehicles and equipment. Each taxicab will be equipped with the following:

a.

A radio transmitter and receiver in good working order capable of two-way communication with a dispatcher anywhere in the service area over the taxicab operator's assigned frequency.

b.

An approved rate card showing city approved rates plainly visible to all passengers in the front and back seats of the vehicle.

c.

An approved complaint procedure card plainly visible to all passengers in the front and back seats of the vehicle identifying the city and the city's complaint phone number. A written log of complaints received by the city shall be submitted to the management services director quarterly.

d.

A sufficient number of seat belts, properly bolted in place, at least three sets in the rear and two sets in the front seat, to accommodate each passenger and the driver.

e.

An emergency system to signal when a robbery is in progress or when a felon suspect is in the taxicab.

f.

An approved fire extinguisher.

(Ord. No. 1358, § 7, 9-18-01)

Before a permit shall be issued by the city, the applicant to whom a permit shall have been awarded by the management services director, as provided in section 29-174 of this article, shall deliver to the city a policy of insurance executed by a company duly authorized under the laws of the state to engage in the insurance business. The policy shall provide that the city is named as an additional insured, and that all such insurance shall not be materially changed, terminated or allowed to expire except on 60 days prior written notice to the city. By the provisions of such policy the insurance company shall promise and undertake to pay in full all claims for damages to persons or property resulting from the operation of the vehicles described in the application for such permit; provided, however, the minimum amounts for which liability shall be assumed shall be as follows:

(1)

For the injury or death of one person in any one event, $1,000,000.00 ; and

(2)

For bodily injury to, or destruction of, property in any one event, $1,000,000.00.

Before a permit shall be issued by the city, a policy of worker's compensation insurance covering all employees and lease drivers, with statutory limits, must be executed and a certificate filed with the city, if worker's compensation insurance is required by the state.

(Ord. No. 1358, § 7, 9-18-01)

Each taxicab operator or vehicle permittee shall equip each taxicab with a state approved taximeter with unbroken state or County of San Bernardino Bureau of Weights and Measures seal affixed. A taximeter shall be placed in each taxicab or vehicle for hire so that the reading dial showing the amount to be charged shall be well lit and readily discernible to the passenger(s) riding in any such taxicab. No passenger shall be carried in any taxicab unless said taximeter shall be in operation. Every taximeter used in the operation of taxicabs shall be subject to inspection at any time by the city, or any of its agents or employees. Upon discovery or notification of any inaccuracy of the taximeter, the operator thereof shall remove, or cause to be removed from service any vehicle equipped with said taximeter until the taximeter has been repaired and accurately adjusted. Every taximeter shall be inspected and tested for accuracy by the carrier at least once annually. Certification is to be presented to the city indicating date of inspection and the name of the governmental agency performing the certification.

(Ord. No. 1358, § 7, 9-18-01)

Any applicant for a permit pursuant to the provisions of this article who desires space to stand a vehicle on the street shall obtain the written permission of the property owner(s) as well as the written consent thereto of all the occupants of the ground floor of any building in front of which such automobile is to be located and for 50 feet each way therefrom or, if there is no such occupant, by the written consent thereto of the owner or lessee of such building. No applicant shall be entitled to space on the street for more than one vehicle for hire or taxicab; and all applicants for permits for more than one vehicle shall be required to provide parking space for the remainder of such vehicles off the streets of the city and shall not be entitled to stand such vehicles on the public streets longer than necessary to load and unload passengers, except while the vehicle is actually paid for and engaged by a passenger.

(Ord. No. 1358, § 7, 9-18-01)

Persons licensed pursuant to the provisions of this article shall charge the rates set forth by separate resolution adopted by the city council, and it shall be unlawful for any person licensed pursuant to the provisions of this article to charge rates higher than provided by resolution of the city council.

(Ord. No. 1358, § 7, 9-18-01)

It shall be unlawful for any person to refuse to pay the legal fare for the hire of any vehicle for hire or taxicab, after having hired the same, with the intent to defraud the person from whom it is hired.

(Ord. No. 1358, § 7, 9-18-01)

It shall be unlawful for any driver operating under a permit issued pursuant to this article to refuse to transport passengers who present themselves for carriage in a sober and orderly manner and for a lawful purpose when the vehicle is in service and not otherwise engaged. This section is intended to prevent drivers from discriminating against a person on the basis of trip length, or on the basis of race, ethnicity, income level or gender. It is not intended to require the driver to transport a person whom the driver knows has not paid a fare in the past, or who presents a threat to the safety of the driver.

(Ord. No. 1358, § 7, 9-18-01)

It shall be unlawful for any driver of a taxicab to knowingly transport any passenger to the abode of a prostitute, or knowingly to transport any criminal, narcotic peddler, prostitute or bootlegger in the commission of a crime or as a panderer for prostitutes or a contact for unlawful establishments of any nature.

(Ord. No. 1358, § 7, 9-18-01)

Any person who, while operating a taxicab or vehicle for hire within the city, violates any provision of the Vehicle Code of the state, the violation of which is declared a misdemeanor or felony, and who is later convicted thereof, shall be disqualified from driving taxicabs or vehicles for hire within the city.

(Ord. No. 1358, § 7, 9-18-01)

(a)

Any owner's or operator's permit granted pursuant to the provisions of this article may be revoked by the city council, either in whole or as to any vehicle described therein or as to the right to use any distinctive color, monogram, or insignia, after five days notice to the permittee requiring him to appear at a certain time and place to show cause why such permit should not be revoked for any of the following reasons:

(1)

That the required insurance policy provided for in section 29-187 of this article has not been given or has been withdrawn or lapsed for the nonpayment of premiums or is not in force for any reason;

(2)

For the nonpayment of any license fee provided by law;

(3)

For failure to observe any of the rules, regulations, standards, or provisions set forth in this article;

(4)

For the violation, and later conviction, of any laws of the state or the city by any permittee, operator, or driver of any vehicle for hire or taxicab;

(5)

For failure to maintain satisfactory service to the public by means of any of the vehicles described in the permit, or failure to keep any vehicle described in the permit in use for an unreasonable length of time, or for failure to use the distinctive color, monogram, or insignia described in the application; and

(6)

For any cause which, in the opinion of the city council, make it contrary to the public interest, convenience, and necessity for the permit to be continued.

(b)

Notwithstanding anything contained in this section, any owner's or operator's permit granted pursuant to the provisions of this article may be terminated by the city council, either in whole or as to any vehicle described therein, without cause by providing 180 days written notification of such termination decision to the owner or operator.

(c)

Any driver's permit granted pursuant to the provisions of this article may be revoked by the city council in accordance with the provisions contained in section 29-142.

(Ord. No. 1358, § 7, 9-18-01)

Secs. 29-196—29-205. - Reserved.