Fresno Municipal Code Art. 9 Taxicab Regulations

The title of this article shall be the "Taxicab Ordinance."

(Added Ord. 2006-50, § 2, eff. 6-8-06).

(a) The Council finds that licensing and regulating the operation of taxis/taxi-stands is necessary in order to control traffic flow, ensure passenger safety and protect the public health, safety and welfare, and therefore requires the adoption of this ordinance.

(b) If any sentence, clause or phrase of this section is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this section. Council hereby declares that it would have adopted this section and each sentence, clause or phrase thereof, irrespective of the fact that any one or more subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(c) The Council declares that any use of such words as "shall" and "must" in this article does not intend self-imposition of liability.

(Added Ord. 2006-50, § 2, eff. 6-8-06).

Unless the particular provision or the context otherwise requires, the definitions and provisions contained in this section shall govern the construction, meaning and application of words and phrases used in this article and resolutions adopted pursuant thereto, and, except to the extent that a particular word or phrase is otherwise defined in this section, the definitions and provisions contained in Article 2, commencing with section 1-201 of Chapter 1 of this Code, shall also govern the construction, meaning and application of words and phrases used in this article. The definition of each word or phrase shall constitute, to the extent applicable, the definition of each word or phrase which is derivative from it, or from which it is a derivative, as the case may be.

(a) "Airport Taxicab Vehicle Operations Permit" shall mean a taxicab permit issued pursuant to and incorporating this article, that provides for the privilege of operation of a taxicab at city airports subject to any/all additional rules and regulations applicable to the airports and/or promulgated by the city's director of aviation. Whenever a taxicab permit is suspended or revoked, any related airport taxicab operations permit privileges shall be automatically suspended or revoked.

(b) "Approved Automotive Repair Facility" means a repair facility certified by the state of California to perform safety inspections and repairs and included on a list maintained by the city manager.

(c) "Certificate of Safety" means a document from an approved automotive repair facility certifying that a particular vehicle meets all vehicle safety standards set forth in this chapter and in regulations adopted pursuant to this chapter.

(d) "Chief of Police" means the Chief of Police of the City of Fresno, as a designee of the city manager.

(e) "City Manager" shall mean the City Manager of the city and/or his/her designee(s) and each of them.

(f) "Controller" shall mean the Controller of the City of Fresno, as a designee of the city manager.

(g) "Director of Aviation" shall mean the Director of Aviation of the City of Fresno, as a designee of the city manager.

(h) "Director of Transportation" shall mean the Director of Transportation of the City of Fresno, as a designee of the city manager.

(i) "Drop Charge" shall mean the initial charge made on the taximeter when the ride begins.

(j) "Handicapped Person" or "Disabled Person" means any person who, by reason of illness, injury, age, congenital malfunction, or other permanent or temporary incapacity or disability, is unable without special facilities or special planning or design to use mass transportation facilities and services as efficiently as persons who are not so affected, and shall include ambulatory persons whose capacities are hindered by sensory disabilities such as blindness or deafness, such mental disabilities as mental retardation or emotional illness, and physical disabilities that still permit the person to walk comfortably, or a combination of these disabilities, and shall also includes a semi-ambulatory person who requires such special aids to travel as canes, crutches, walkers, respirators, or human assistance, and a nonambulatory person who must use wheelchairs or wheelchair-like equipment to travel.

(k) "Knowingly Permit" means 1) to know of an action or condition that violates this article or any regulation or rule promulgated pursuant to this article, and 2) to fail to take reasonable steps to cure the violation and to prevent future violations. There is a rebuttable presumption that a person knows a fact, action or condition of which a reasonable person in the same position would have knowledge.

(l) "Model Year" as used in this article means the year model designated at the time of manufacture of first assembly as a completed vehicle (e.g. If a vehicle is produced in 1997, but is designated for sale as a 1998 model, then the vehicle is considered a 1998 "Model Year".)

(m) "Motor Vehicle" means every motorized vehicle by or upon which any person may be transported or carried upon a public street, highway or alley; provided, that vehicles used exclusively upon stationary rail tracks or propelled by use of overhead electric wires are not considered motor vehicles for purposes of this chapter.

(n) "O.E.M." as used in this article means any equipment installed on the vehicle when it was initially produced.

(o) "Operating in the City of Fresno" means owning, leasing, advertising, driving, occupying and/or otherwise using a taxicab that at any time transports any passenger or item for compensation from a point within the geographical confines of the City of Fresno. The vehicle is considered to be operating during the administering of inspections at the city's inspection facility. The term does not include being in control of a vehicle that is physically inoperable. A taxicab association is "operating in the City of Fresno" if it represents or includes any taxicab that at any time transports any passenger or item for compensation from a point within the geographical confines of the City of Fresno.

(p) "Owner" means the person whose lawful right of possession of a taxicab has most recently been recorded with the state Department of Motor Vehicles.

(q) "Permittee" means any person or entity issued a permit under this chapter.

(r) "Risk Manager" means the risk manager for the City of Fresno, as a designee of the city manager.

(s) "Senior Citizen" means any person over the age of 62 with a valid identification confirming that person's age.

(t) "Taxicab" shall mean any motor vehicle designed and used for carrying passengers, operated in the streets of the city other than over a defined or fixed route, and irrespective of whether the operations extend beyond the boundary limits of the city, between such points and over such route for the transportation of persons for hire at the direction of the passengers, of a distinctive color or colors or insignia or of public appearance such as is in common usage in this nation for taxicabs. Taxicab shall not include a charter-party carrier of passengers or a transportation network company within the meaning of the Passenger Charter-party Carriers' Act, Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code.

(u) "Taxicab Driver's Permit" shall mean a permit issued pursuant to and incorporating this article, to a person for the privilege of operating a taxicab.

(v) "Taxicab Vehicle Permit" shall mean a taxicab permit issued pursuant to and incorporating this article, including any related airport taxicab operations permit privileges.

(w) "Taximeter" shall mean any instrument or device attached to a taxicab, and designed or intended to measure mechanically or electronically the distance traveled by such taxicab, or to record the time said taxicab is in waiting, and to indicate, by figures or designs, the fare to be charged in dollars and cents.

(x) "Taxi Stand" shall mean taxicab stand, taxi zone, or taxicab zone as defined or designated by Chapter 14 of this Code.

(y) "Ultra Low Emissions Vehicle" (ULEV) means Vehicles that meet the Air Resources Board ultra-low emission standards.

(Added Ord. 2006-50, § 2, eff. 6-8-06; Am. Ord. 2016-47, § 1, eff. 1-9-17).

It shall be unlawful to operate or cause to be operated any taxicab, regardless of whether such operation extends beyond the boundary limits of the city, without a valid taxicab permit first having been obtained authorizing such operation, and a valid driver's permit having been obtained for the driver, provided that no taxicab or driver's permit shall be required for a taxicab which is lawfully transporting a passenger from a point outside this city to a destination within this city, or which is en route from a point outside this city to a destination outside this city; provided that no driver of a taxicab without such taxicab permit and driver's permit shall solicit or accept a passenger or passengers from within this city for transportation to any destination whatsoever.

(a) The act or omission of any permittee's and/or owner's officer, agent, employee or independent contractor, or of any driver whose services are engaged by any of the above, is for all purposes the act or omission of the respective permittee and/or owner operating the transportation services regulated by this chapter.

(b) The city may levy service charges, fees, or assessments in an amount sufficient to pay for the costs of carrying out an ordinance or resolution adopted in regard to taxicab transportation services pursuant to this section.

(c) Nothing in this section prohibits the city from adopting additional requirements for a taxicab to operate in its jurisdiction.

(Added Ord. 2006-50, § 2, eff. 6-8-06).

This article shall not apply to the transportation of the handicapped persons or disabled persons in specially equipped vehicles, which vehicles cannot ordinarily be used for the transportation of taxicab patrons. Persons operating a service claiming such an exemption shall transport only handicapped persons and their attendants.

(Added Ord. 2006-50, § 2, eff. 6-8-06).

Any person desiring to secure a taxicab permit with or without airport taxicab operations permit privileges shall submit an application therefor to the city manager. The application shall be in a form approved by the city manager and shall include the following:

(a) Ownership and form of business organization:

(1) If the owner is an individual, the owner's full name, home address, home and business telephone number and date of birth (which shall be at least eighteen years prior to the date of application), or

(2) If the owner is a corporation, partnership or other legal entity, the names, home addresses, telephone numbers and date of birth (which must be at least eighteen years before the date of application) for the corporation's or entity's officers, directors, general, managing or operating partners, registered agents, and each person vested with authority to manage or direct the affairs of the legal entity or to bind the legal entity in dealings with third parties; the corporation's, partnership's or entity's true legal name, fictitious business statement(s) (if any), state of incorporation, articles of organization, or partnership registration (if any), business address and telephone and facsimile numbers and City of Fresno's business license number, and any other information that the city manager may reasonably require. The city manager may request copies of the entity's governing documents.

(3) For each person with a ten (10) percent or greater financial interest in the business which operates the taxicab, fingerprinting by the police department and/or Department of Justice personnel, submission of three recent dated portrait photographs, one to be attached to the application and two for the use of the special investigations section of the police department, and a list, signed under penalty of perjury, of each conviction of such person and whether such conviction was by verdict, plea of guilty, or plea of nolo contendere. The list shall, for each such conviction, set forth the date of arrest, the offense charged, and the offense of which the person was convicted. A person who acquires a ten (10) percent or greater financial interest in the business which operates the taxicab during the life of the permit issued pursuant to this chapter shall immediately so notify the city manager and comply with this subsection. Any holder of a valid taxicab driver permit issued pursuant to this article shall be exempt from the requirements of this subsection;

(b) The number of permits desired and a list of vehicles to be used as taxicabs, including a full description of each vehicle, the taxicab vehicle number assigned by any regulatory agency, the make, model, model year, vehicle identification number, California State vehicle license plate number, and any other vehicle information required by rule or regulation promulgated under this chapter; provided, that the full description of new vehicles may be submitted within thirty days of the date of issuance of a permit hereunder;

(c) A full description of the location and operation of the applicant's place of business, including any required two-way communications system;

(d) The date upon which the applicant desires the permit to be issued;

(e) Whether or not the applicant is applying for airport taxicab operations permit privileges;

(f) Proof of liability insurance policy as required by this article;

(g) A rate schedule setting forth all rates for taxi service and the methodology for computing these rates, consistent with city's then prevailing Master Fee Schedule. A written amended schedule of rates to be charged for the hire of the taxicab may be filed with the city manager; provided, however, that a rate schedule may be amended no more frequently than once every three months;

(h) A declaration that all vehicles are mechanically sound and contain properly operating taxi meters;

(i) Such other and further information as the city manager may require;

(j) An annual nonprorateable, nonrefundable permit fee including any applicable vehicle inspection or re-inspection fee, as established by resolution of the city council;

(k) The application shall be under penalty of perjury, and shall not be accepted unless it is clearly filled out in full with all required information and is accompanied by the application fees designated in the Master Fee Resolution for each permit requested.

(Added Ord. 2006-50, § 2, eff. 6-8-06; Am. Ord. 2016-47, § 2, eff. 1-9-17).

(a) The city manager, with the assistance of the police chief, shall cause an investigation to be made of the facts stated in the taxicab permit application, and shall, within sixty days determine the following:

(1) Whether the applicant has had a taxicab permit revoked for any cause within the last twenty-four months;

(2) Whether the application fee has been paid;

(3) Whether any fact exists that would be cause for revocation of a taxicab permit because of a violation of any of the terms of this article or rules promulgated pursuant thereto;

(4) Whether any statement made in the application is false;

(5) Whether issuance is in furtherance of the public convenience and necessity;

(6) Whether the applicant, including all persons doing business under fictitious names as members of partnerships, or as officers of corporations or associations, has been convicted of a crime or other offense involving moral turpitude including whether subject to any sex offender registration requirement, or a conviction of use, possession or sale of a controlled substance. However, no person shall be denied a permit solely on the basis that he or she has been convicted of a felony if he or she has obtained a certificate of rehabilitation under State Penal Code Section 4852.01, et seq., or that he or she has been convicted of a misdemeanor if he or she has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering the denial of a license under State Penal Code Section 4852.01(a);

(7) Whether each vehicle and related equipment proposed for use/used as a taxicab has been inspected and approved by an approved automotive repair facility in accordance with federal and state requirements, this article and all rules and regulations adopted from time to time by city manager. Such inspection shall include without limitation the mileage, engine, gears, transmission, brake system, lighting system, seat belts, tires and wheels, and along with any other items specified by the city manager.

(b) If the city manager makes a finding unfavorable to the applicant, with respect to any of the above factors, the city manager shall deny issuance of the permit and shall give the applicant prompt written notice of such finding and decision. The notice shall include a statement of the specific reasons for denial, including any complaints received against any applicant presently holding a permit. An applicant denied issuance of a taxicab driver's permit under this section may appeal the city manager's decision pursuant to section 9-930 of this article.

(c) Should the city manager's report conclude that the applicant meets the requirements of this article, the city manager shall issue such permit or permits. Each permit shall be numbered and shall state the name and address of the permittee and the date of issuance. One permit shall be issued for each taxicab. Any fees deposited by unsuccessful applicants shall be refunded, less any amount designated in the Master Fee Resolution to be retained to defray the cost of application and investigation processing.

(d) The city manager may impose such terms, conditions or restrictions on the taxicab permit as he/she deems necessary to provide adequate and dependable service to the public and to protect the use of public streets and facilities.

(e) Upon any change in ownership of a taxicab company, the new owner shall submit an application for and be issued a taxicab permit in the manner provided in this article.

(f) Where the city manager has grounds pursuant to this article, and where the city manager documents that, for a period of at least sixty (60) consecutive days a permitted taxicab is not legally operated as a taxicab, the permit(s) issued for such taxicab shall be subject to suspension and revocation in the manner provided by this article.

(g) Upon permit issuance and in addition to the inspections otherwise specified in this article, the city manager in his/her sole discretion, shall have the authority to require additional permit inspections including of taximeters, lamps, brakes, and emission control, and if it is found that the permittee is operating in violation of this article and/or the State Vehicle Code, the city manager shall, in addition to rights/remedies available hereunder and in accordance with the provisions of the Vehicle Code Section 24004, suspend the taxicab permit and prohibit the use of such taxicab until such time as it has been brought into compliance with the State Vehicle Code.

(h) All vehicles and operation thereof which are subject to The Americans with Disabilities Act, (ADA), shall comply with the applicable provisions of said Act.

(Added Ord. 2006-50, § 2, eff. 6-8-06; Am. Ord. 2016-47, § 3, eff. 1-9-17).

(a) There shall be displayed in the taxicab passenger compartment in full view of any passenger:

(1) A copy of a valid permit issued pursuant to this chapter;

(2) A rate schedule that is consistent with the requirements of this article; and

(3) The register display of the taximeter;

(4) Complaint hotline phone number(s).

(b) There shall be displayed on each exterior side of the taxicab in full view of prospective passengers:

(1) In letters not less than two inches in height, the business name and telephone number of the taxicab vehicular permittee; and

(2) A rate schedule in the following format:

FIRST MILE: (fee) *

ADDITIONAL MILES: (fee/miles) *

* subject to time clock

(c) All letters and numbers in the first two lines of the above format shall be not less than one and one-half inches in height. The third line of the above format shall be in letters not less than three-quarters of an inch in height. The rate schedule shall be consistent with the requirements of this article.

(d) In letters not less than one and one-half inches in height and adjacent to the schedule required by subsection (b) above, any additional types of fees to be charged and the amount of such fees, as indicated on the rate schedule filed/amended pursuant to this article.

(e) Nothing in this section shall preclude the display on the taxicab exterior fees calculated on a different basis than required above; provided, however, that such display must be located below the information required by this section.

(f) There shall be displayed in the left lower rear window of each taxicab a City issued current and valid taxicab registration sticker, which shall be plainly visible from the rear of the vehicle. The sticker shall be applied to the window in such a manner that it may not be easily transferred to another vehicle. Failure to properly display the registration sticker shall constitute prima fascia evidence of the failure of the taxicab to have a valid taxicab permit. Any violation of this section shall be an infraction, with a fine not to exceed fifty dollars ($50.00). Taxicab operators shall have ninety (90) days from the effective date of this amended section to obtain and display the registration sticker as required in this section.

(Added Ord. 2006-50, § 2, eff. 6-8-06; Am. Ord. 2013-7, § 1, 4-11-13).

Every taxicab shall be equipped with any required two-way communications system.

(Added Ord. 2006-50, § 2, eff. 6-8-06).

A top light containing light or lights shall be affixed to the roof of every taxicab and shall be illuminated in non-daylight hours when the taxicab is available for hire. The word "taxicab," "taxi," "cab" or the business name of the taxicab owner or other words identifying the vehicle as a taxicab shall be visible on the top light.

(Added Ord. 2006-50, § 2, eff. 6-8-06).

Any person desiring to secure a taxicab driver's permit shall submit an application therefor to the city manager. The application shall be in a form approved by the city manager and shall include the following:

(a) The applicant's name, home address, business address, and telephone numbers;

(b) The applicant's age and place of birth;

(c) The date upon which the applicant wishes the permit to be issued;

(d) Identification, including the number, of any previous driver's permit issued to the applicant;

(e) A statement that the applicant has been fingerprinted by the police department and/or Department of Justice Personnel;

(f) Submission of four recent dated portrait photographs, two to be attached to the application, one to be attached to the driver permit if issued, and one for the use of the special investigation section of the police department;

(g) A report of a physical examination meeting Department of Transportation standards completed within the last twelve (12) months, by a doctor of medicine, showing the applicant to be in a proper physical condition to operate a taxicab safely;

(h) A statement of the applicant's criminal convictions including any related sex offender registration requirements, whether such conviction was by verdict, plea of guilty, or plea of nolo contendere, for each such conviction, set forth the date of arrest, the offense charged, and the offense of which applicant was convicted, excluding parking violations;

(i) Type, number, and description of California driver's licenses held by the applicant and date(s) of expiration;

(j) A declaration that the applicant possesses proficient knowledge of traffic laws of the City of Fresno and of the State of California; proficient knowledge of the streets of the City of Fresno and ability to properly and safely operate a taxicab; and ability to communicate sufficiently in basic English with the general population;

(k) A declaration signed by a taxicab employer that the applicant is employed by or has an offer of employment by that employer to operate a taxicab, or a declaration that the applicant is a self-employed independent driver;

(l) A declaration by a taxicab employer for an applicant who is employed by or has an offer of employment with the employer, or by applicant if applicant is a self-employed independent driver, that applicant has been tested for controlled substances (and alcohol for permit renewal) in accordance with Government Code Section 53075.5 and the results thereof are negative;

(m) All applicants shall take and pass with negative results a controlled substance and/or alcohol test in accordance with Government Code Section 53075.5 as it may be amended or renumbered. Such test shall be taken no more than thirty (30) days preceding the date the application is filed for a new permit or renewal of an expired permit. In the event that an applicant or permittee takes a controlled substance and/or alcohol test with positive results, the employing taxicab operator shall report such results to the city. In the event that a self-employed independent driver takes a controlled substance and/or alcohol test with positive results, the city shall report such results to any taxicab leasing/licensing entity;

(n) If applicant is a self-employed independent driver, test results from the controlled substance (and alcohol for permit renewal) test shall be reported to the city and are to be made a part of the application;

(o) The name of the taxicab business which does or will employ the applicant, or if applicant is a self-employed independent, the name of the taxicab business under which the applicant will operate;

(p) A statement of whether the applicant's state driver license has ever been revoked or suspended and, if so, the reason(s) for such revocation or suspension;

(q) Such other information as may be required by the city manager to further the purpose of this chapter;

(r) An annual nonprorateable, nonrefundable permit fee, as established by resolution of the city council;

(s) The application shall be under penalty of perjury, and shall not be accepted unless it is clearly filled out in full with all required information and is accompanied by the nonrefundable permit fee designated in the Master Fee Resolution.

(Added Ord. 2006-50, § 2, eff. 6-8-06; Am. Ord. 2016-47, § 4, eff. 1-9-17).

(a) The city manager, with the assistance of the police chief, shall cause an investigation to be made of the facts stated in the application and shall, within thirty days, determine the following:

(1) Whether the applicant has had a taxicab driver's permit revoked for any cause within the last twenty-four months, has ever had a taxicab driver's permit revoked for a cause involving reckless driving or drunkenness, or has had an application for a taxicab driver's permit denied within the last six months;

(2) Whether any statement made in the application is false;

(3) Whether the taxicab driver's permit has not been paid;

(4) Whether the applicant has been convicted of a crime involving moral turpitude including any sex offender registration requirements, or a conviction of use, possession or sale of a controlled substance, however, no person shall be denied a permit solely on the basis that he or she has been convicted of a felony if he or she has obtained a certificate of rehabilitation under State Penal Code Section 4852.01, et seq., or that he or she has been convicted of a misdemeanor if he or she has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering the denial of a license under State Penal Code Section 4852.01(a);

(5) Whether any fact exists that would be cause for suspension or revocation of a taxicab driver's permit because of a violation of any of the terms of this article or rules promulgated pursuant thereto;

(6) Whether the applicant possesses a California driver's license valid to allow operation of a public taxicab;

(7) Whether the applicant has been fingerprinted by the police department and/or Department of Justice Personnel, and has submitted four recent dated portrait photographs, two to be attached to the application, one to be attached to the driver permit if issued, and one for the use of the special investigation section of the police department;

(8) Whether the applicant has presented proof of a physical examination within the last twelve (12) months showing the applicant to be in a proper physical condition to operate a taxicab;

(9) Whether the applicant has tested negative for controlled substances, or for renewal, controlled substances and alcohol, in accordance with Government Code Section 53075.5;

(10) Whether any ground for permit denial or revocation, as specified in this article exists.

(b) The city manager may deny issuance/renewal of a permit in the event he makes a finding adverse to the applicant with respect to any of the above factors including the following grounds:

(1) Failure to submit a complete application;

(2) Failure to submit fingerprinting and photographs;

(3) The applicant knowingly made a false statement of fact required to be revealed in the permit application;

(4) The applicant (i) has been convicted of a crime, and the time for appeal has elapsed, or when an order granting parole or probation is made suspending the imposition of sentence, irrespective of the entry of a subsequent order under Penal Code Section 1203.4, or (ii) has done any act involving dishonesty, fraud or deceit with intent to substantially benefit himself or herself, or another, or substantially injure another, or (iii) has a physical or mental disability or incapacity, or takes medication, uses alcohol or any controlled substance as defined in the State Health and Safety Code; Provided, however, that the permit shall be denied upon any of the grounds specified in this subsection 4 of this section only if, in the opinion of the city manager, the crime, act, disability, incapacity or impairment from a substance consumed is substantially related to the qualifications, functions or duties of a taxicab driver. However, no person shall be denied a permit solely on the basis that he or she has been convicted of a felony if he or she has obtained a certificate of rehabilitation under State Penal Code Section 4852.01, et seq., or that he or she has been convicted of a misdemeanor if he or she has met all applicable requirements of the criteria of rehabilitation developed to evaluate the rehabilitation of a person when considering the denial of a license under State Penal Code Section 4852.01(a);

(5) If applicant refuses or fails to submit to a controlled substance and/or alcohol test required by Government Code Section 53075.5;

(6) If applicant tests positive for any controlled substance or alcohol when tested for controlled substances and/or alcohol in accordance with Government Code Section 53075.5;

(7) Public convenience and necessity do not require the proposed service;

(8) Failure to pay application, permit and related fees; or

(9) Failure to submit proof of current DOT physical examination.

(c) If a permit is denied, the city manager shall give the applicant prompt written notice of such decision. The notice shall include a statement of the specific reasons for denial including any complaints received against any applicant currently holding a permit. An applicant denied issuance of a taxicab driver's permit under this section may appeal the city manager's decision pursuant to section 6-930 of this article.

(d) If the city manager concludes that the applicant meets the requirements of this article, the city manager shall issue the taxicab driver's permit. Any taxicab driver's permit issued/renewed shall be subject to such terms, conditions or restrictions on the taxicab driver permit as the city manager deems necessary to provide adequate and dependable service to the public and to protect the use of public streets and facilities, including without limitation the following conditions and requirements:

(1) The city manager may, upon reasonable cause, require any taxicab driver permittee to take a controlled substance and/or alcohol test in accordance with Government Code Section 53075.5. Such test shall be taken by driver within five days (5) after city manager gives notice of the requirement. Notice shall be given to permittee, and to permittee's employer if permittee is not self-employed. Notice shall be deemed effective upon depositing said notice in the U.S. mail first class postage prepaid addressed to the permittee and permittee's employer, if applicable, at the last address on record with the city manager. Failure to take the test within the time specified shall result in automatic suspension of the permittee's taxicab driver permit and shall be grounds for revocation of the permit.

(2) The applicant's photograph shall be permanently attached to the taxicab driver's permit. The taxicab driver's permit shall be posted in a place conspicuous from the passenger's compartment of the taxicab.

(3) All employers shall maintain, and all drivers shall comply with a mandatory controlled substance and alcohol testing certification program. The program shall include, but need not be limited to, all of the following requirements:

A. Drivers shall test negative for each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations. Drivers shall test negative for these controlled substances and for alcohol as a condition of permit issuance/renewal and at such other times as the city manager shall designate. As used in this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.

B. Procedures shall be substantially as in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, except that the driver shall show a valid California driver's license at the time and place of testing, and except as provided otherwise in this section. Requirements for rehabilitation and for return-to-duty and follow up testing and other requirements, except as provided otherwise in this section, shall be substantially as in Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations.

C. A test in one jurisdiction shall be accepted as meeting the same requirement in any other jurisdiction. Any negative test result shall be accepted for one year as meeting a requirement for periodic permit renewal testing or any other periodic testing in that jurisdiction or any other jurisdiction, if the driver has not tested positive subsequent to a negative result. However, an earlier negative result shall not be accepted as meeting the pre-employment testing requirement for any subsequent employment, or any testing requirements under the program other than periodic testing.

D. In the case of a self-employed independent driver, the test results shall be reported directly to the city, which shall notify the taxicab leasing company of record, if any, of positive results. In all other cases, the results shall be reported directly to the employing transportation operator, who shall be required to notify the city of positive results.

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

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

(4) Upon the request of a driver applying for a permit, the city shall give the driver a list of the consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations that the city knows offer tests in or near the jurisdiction.

(5) No evidence derived from a positive test result pursuant to the program shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances.

(e) For purposes of this section, "employment" includes self-employment as an independent driver.

(Added Ord. 2006-50, § 2, eff. 6-8-06).

(a) It is unlawful for any person to operate a taxicab for compensation with knowledge that the taxicab, driver, or taximeter is not authorized by a valid permit or that grounds for revocation or suspension of said permit pursuant to this article exist.

(b) It is unlawful for any taxicab driver or person in the business of operating a taxicab for compensation to do any of the following:

(1) Charge an additional type of fee or higher fee other than those fees posted, as required by this article, provided it is lawful to charge a fee less than those fees posted;

(2) Transport a greater number of passengers than the rated seat capacity of the taxicab;

(3) Fail to answer all calls received in the order of receipt;

(4) Leave a taxicab unattended in a taxicab zone;

(5) Refuse, upon request, to give a passenger a written receipt showing the fare due, and the miles and minutes employed;

(6) For the primary purpose of obtaining higher fees, drive passengers via indirect or circuitous routes;

(7) Refuse to provide service on the basis of the short length of the prospective ride;

(8) Fail to display a valid permit, issued pursuant to this article, in the taxicab interior in full view of any passenger;

(9) Pick up additional passengers without prior consent of the passenger(s) already in the taxicab;

(10) Solicit or carry passengers for compensation in a taxicab not posted in compliance with this article, or not equipped with an operable accurate taximeter;

(11) Knowingly fail to report to the taxicab vehicle permittee or authorized agent thereof all property of value left by a passenger in the taxicab within twenty-four (24) hours of discovery of such property;

(12) Operate the taxicab for hire without engaging the taxicab meter in the manner prescribed by state law;

(13) Refuse to drive to a destination different from that originally stated;

(14) Refuse, upon request, to allow a passenger to disembark at a location different from the originally stated destination;

(15) Operate a taxicab for which insurance coverage as required by section 916 of this article 9 of this chapter 6 is not in effect; or

(16) Operate a taxicab with an invalid, suspended or revoked state driver's license.

(c) Except where credit is extended, any person who shall willfully or fraudulently fail or refuse to pay, at the end of the trip, or the termination or discharge of service, the legal fare for a taxicab that he has hired, shall be guilty of a misdemeanor.

(Added Ord. 2006-50, § 2, eff. 6-8-06).

(a) The city manager may from time to time and by rule/regulation promulgated and enforceable hereunder, require driver training and testing through the city or authorized by the city.

(b) The city, by and through its Utility Billing and Collection Department, may perform random inspections on taxicabs and drivers to determine compliance with this article and with any rules and regulations promulgated by the city manager pursuant to the authority granted in this article. Inspections may be performed in the field, or by sending mailed notice to a permit holder. There shall be no fee for the inspection, however, fines or penalties may be assessed for any violation of this ordinance, any state law, or of any other rule or regulation.

(Added Ord. 2006-50, § 2, eff. 6-8-06; Am. Ord. 2016-47, § 5, eff. 1-9-17).

(a) The rates of fare to be charged within the City of Fresno to the public for use of taxicabs shall be the same for all taxicabs operated by the permittee, shall be consistent with city Master Fee Schedule requirements, and shall be based upon time and distance traveled.

(b) The Council, by resolution, may establish rates for mileage, drop charges, and waiting time applicable to all taxicabs. This rate shall increase due to changes in the Consumer Price Index.

(c) Consumers shall be notified of the drop charge and mileage rate in effect at the time the services is contracted and before the initiation of the trip.

(d) Rates may not be based on the geographic location or neighborhood of the drop off or pick up site, or a consumer's race, sex, religion, age, national origin, caste, indigeneity, or disability.

(e) Permittees may voluntarily offer or negotiate a rate lower than the posted rate.

(Added Ord. 2006-50, § 2, eff. 6-8-06; Am. Ord. 2016-47, § 6, eff. 1-9-17; Amd. Ord. 2023-031, § 4, eff. 11-3-23).

(a) No taxicab shall be driven or operated in the city unless the permittee thereof obtains and maintains, at no cost to the city, a motor vehicle liability insurance policy, with coverage limits not less than as prescribed in subsection (b) below, with an insurance company either (i) admitted by the California Insurance Commissioner to do business in the State of California and rated not less than "A- VII" in Best's Insurance Rating Guide, or (ii) authorized by the risk manager.

(b) Such policy shall insure permittee, owner and driver against liability for injury to or death of any person, or damage to property, arising or alleged to have arisen directly or indirectly out of the ownership, maintenance or use of the permitted taxicab. The minimum limits of insurance required hereunder are $100,000.00 for injury to or death of any one person in any one accident, $300,000.00 for injury to or death of more than one person in any one accident, and $100,000.00 for property damage in any one accident.

(c) Such policy shall be endorsed to provide that the coverage shall not be cancelled, non-renewed, reduced in coverage or in limits except after thirty (30) calendar day written notice by certified mail, return receipt requested, has been given to city. Upon issuance by the insurer, broker, or agent of a notice of cancellation, non-renewal, or reduction in coverage or in limits, permittee shall furnish city with a new certificate and applicable endorsements for such policy. In the event the policy is due to expire during the permit period, the permittee shall provide a new certificate, and applicable endorsements, evidencing renewal of such policy not less than fifteen (15) calendar days prior to the expiration date of the expiring policy.

(d) Such policy shall be endorsed to provide that the city, its officers, officials, employees, agents and volunteers are named as additional insureds and that permittee's insurance shall be primary and no contribution shall be required of city, its officers, officials, employees, agents and volunteers.

(e) Permittee shall furnish city with the certificate of insurance and applicable endorsements for all required insurance prior to issuance of the permit.

(f) Permittee shall furnish city with copies of the actual policy upon the request of risk manager at any time during the life of the permit or any extension, and this requirement shall survive revocation, suspension or expiration of the permit.

(g) Failure to maintain the required insurance for any period of time is a violation of this chapter and shall be sufficient grounds for suspension, revocation of non-renewal of a permit. Upon any such suspension and upon direction of the city manager, said permittee shall pay in advance a full year's liability insurance coverage required by this section for all permitted vehicles.

(Added Ord. 2006-50, § 2, eff. 6-8-06).

(a) The permit is the property of the city.

(b) No vested right or property interest of any type is acquired by any permittee under this article.

(c) All permits issued under this article are enforceable and subject to suspension and revocation in accordance with the provisions of this article, and are to be exercised only in conformance with any and all rules and regulations promulgated and enforceable hereunder.

(d) All permits issued under this article are personal to the permittee. A permittee shall not permit any right or privileges thereunder to be exercised by another, nor shall any permit or any interest therein or any right or privilege there under be sold, transferred, leased, assigned or otherwise disposed of except as may be provided in this article. A transfer in violation of this subsection shall be ineffective and shall constitute permittee's violation of this article.

(e) Upon the death of any taxicab permittee, the permit may be exercised by the executor or administrator of the deceased permittee's estate during the period of estate administration. The period shall not exceed one year from the permittee's death.

(1) A deceased permittee's surviving heir(s) who inherits the permittee's entire taxicab company may apply for the taxicab permit(s) held by decedent permittee.

(2) A permittee may sell his taxicab company, or one or more taxicabs, to another current permittee, who may then apply for the taxicab permits held by the selling company.

(f) A permit issued under this article is an annual permit which expires on the following thirtieth day of June, provided, that whenever a taxicab vehicle or driver's permit has been applied for and issued within a period of sixty (60) days before June thirtieth, it shall be valid when issued and may be issued for the next ensuing year. Application for renewal must be received by the city manager before expiration of the permit and will require permittee attest to that all information on file remains current and correct and submission of current insurance certificates and other required certifications and declarations, as applicable.

(g) The renewal fee shall be the annual amount designated in the Master Fee Resolution and shall be paid at such times designated in the Master Fee Resolution. If any permit is not exercised or is suspended or rescinded, the fee shall not be refunded. The fee required is a permit fee and shall not be deemed to be in lieu of a business tax as required by the provisions of this Code. Prior to the payment of the annual permit renewal fee for a taxicab permit the permittee must submit a valid State of California vehicle registration card.

(h) Late penalty on renewal shall be charged on all applications for renewal received later than ten (10) working days after the expiration date. The amount of such late penalty shall be fixed annually in the Master Fee Resolution.

(Added Ord. 2006-50, § 2, eff. 6-8-06).

(a) The city manager, with the assistance of the controller and the directors of transportation and aviation, from time to time and by rule/regulation promulgated and enforceable hereunder may establish a consumer complaint hotline telephone number and complaint process.

(Added Ord. 2006-50, § 2, eff. 6-8-06).

(a) The city manager, with the assistance of the controller and the directors of transportation and aviation, may make rules and regulations enforceable hereunder, which are not inconsistent with the provisions of this article and which may be necessary or desirable to aid in the administration or enforcement of the provisions of this article, including all necessary policies and procedures for the issuance of the permits, administration and enforcement of this article, collection of fees and bonds and/or indemnities, or proof(s) of insurance. A copy of the rules and regulations then in effect shall be provided to an applicant upon issuance of a permit or renewal of a permit.

(b) The rules and regulations authorized under subsection (a) shall not require any taxicab to be removed from service or refused a permit or permit renewal solely for the reason the taxicab is any model year of age less than ten (10).

(Added Ord. 2006-50, § 2, eff. 6-8-06; Am. Ord. 2013-7, § 2, eff. 4-11-13; Am. Ord. 2016-47, § 7, eff. 1-9-17).

The city manager shall have the authority to enforce the provisions of this article and, when vested with criminal citation authority, to arrest any person without a warrant for a violation of this article when committed in his/her presence, to impound any taxicab vehicle(s), and to issue a notice to appear pursuant to Penal Code Section 836.5. This authority shall be in addition to the authority granted to police officers under this Code.

(a) Each day on which a taxicab vehicle is operated in violation of any provision of this chapter shall constitute a separate violation.

(b) Each day on which a taxicab driver operates a taxicab in violation of any provision of this chapter shall constitute a separate violation.

(Added Ord. 2006-50, § 2, eff. 6-8-06).

(a) For any violation of this article including rules and regulations promulgated and enforceable hereunder code enforcement proceedings under Section 301 et seq. of Chapter 1 of this code shall apply, including penalties approved by resolution of the city council, as modified from time to time.

(b) In addition to the penalties above, subject to emergency suspension procedures in section 9-922 below and variously through rules and regulations promulgated hereunder, the city manager may suspend or revoke a permit issued under this article upon written notice to affected permittee(s) specifying any of the following grounds for the proposed action and a date and place for city manager's hearing thereon:

(1) Any of the conditions thereof are being violated;

(2) Suspension or revocation is warranted pursuant to any points system promulgated by rule or regulation hereunder;

(3) The permit is being exercised in violation of this Code, an ordinance, statute, regulation, permit or license issued by a regulatory agency other than the city;

(4) The fact(s) which supported the determination of the city manager that grounds existed for the issuance of said permit no longer exists;

(5) The permit is being used for a purpose detrimental to public morals, peace, or order, or is being used for a purpose contrary to that for which the permit was issued;

(6) The application contained falsehoods;

(7) Any fact or condition exists which, if it had been known to exist at the time of the original application for such permit, reasonably would have warranted the city manager in refusing originally to issue the permit;

(8) The licensee fails to pay a monetary penalty imposed under this chapter within thirty (30) days after an unappealed notice of violation or final decision or order imposing such monetary penalty is issued;

(9) The taxicab or its equipment is in such condition that its operation violates the State Vehicle Code;

(10) Transfer or sale of the permit to a vehicle or taximeter other than that identified in the permit application;

(11) Failure of the permittee to notify the city of cancellation, expiration, or change of insurance coverage as required by this article;

(12) Operation of a taxicab for which the insurance coverage required by this article is not in effect;

(13) Submitting a false controlled substance and/or alcohol test declaration or employment declaration. Such suspension or revocation may apply to all taxicab permits in the name of the person, persons or business in whose behalf the declaration is submitted;

(14) Allowing an employee without a valid taxicab driver permit to operate a taxicab vehicle for compensation. Such suspension or revocation may apply to all permits in the name of the person, persons or business who allow an employee without a valid taxicab driver permit to operate a taxicab vehicle for compensation;

(15) If permittee or permittee's employer submits a false controlled substance and/or alcohol test declaration or employment declaration; or

(16) Operation of a taxicab in an unsafe manner or any conduct which places any passenger, motorist or pedestrian at unreasonable or unnecessary risk.

(c) Upon written notice by an insurer or verification of cancellation, expiration or change in insurance coverage resulting in noncompliance with this article, a permit issued pursuant to this article shall be automatically suspended effective upon the effective date of the cancellation, expiration, or change in coverage. The suspension shall continue until the earlier of the required insurance coverage being reinstated and the city receives written notice from the insurer indicating compliance with the requirements of this article, or permit expiration.

(d) Any taxicab driver permit suspended or revoked for positive results of a controlled substance and/or alcohol test, shall not be reinstated, nor shall a new permit be issued, until the requirements for rehabilitation and return-to-duty in accordance with Government Code Section 53075.5 are satisfied.

(e) Except in the case of a section 9-922 regarding emergency suspension, permit suspension or revocation shall become effective only following city manager's hearing/opportunity therefor. The hearing shall be informal and shall provide permittee(s) noticed pursuant to this section with the opportunity to present and examine witnesses and documentary evidence and to be represented by counsel. At the hearing any issuance of a written notice of cancellation, expiration or change in coverage by an insurance company shall be conclusive proof at the hearing of the change in the policy so indicated. Any unexcused failure by Permittee(s) to appear for hearing shall be deemed acquiescence in the proposed action. The city manager, within fifteen (15) days following the hearing shall mail or otherwise furnish to persons noticed pursuant to this section a written decision stating the grounds for the decision. The decision of the city manager may be appealed pursuant to section 9-930 of this article 9 of this chapter 9, provided such an appeal shall not stay the effectiveness of the city manager's decision.

(f) Any permit suspension shall continue in effect until the earlier of (i) satisfaction of the requirements specified to the end the suspension period, or (ii) expiration of any period of suspension as may be specified therein. The permit holder may not exercise the permit at any time during the suspension period unless expressly allowed under this Code.

(g) A suspended or revoked permit may not be renewed.

(h) No person may allow a vehicle to provide taxicab services as defined in this article without a valid permit. Any violation of this section shall be an infraction, with a fine not to exceed one hundred dollars ($100.00). In addition to all other penalties and remedies listed in this article, more than one violation of this article may subject the vehicle to be immediately towed and impounded by order of a police officer.

(Added Ord. 2006-50, § 2, eff. 6-8-06; Am. Ord. 2013-7, § 3, eff. 4-11-13).

(a) Notwithstanding section 9-921 of this article 9 of this chapter 9 and in addition thereto the city manager may issue an order for emergency suspension of a taxicab permit and/or a taxicab driver's permit for a period not exceeding fifteen (15) days without having conducted a hearing therefor, upon a determination that the continued use of the permit will cause immediate hazard to the public safety, health or welfare. Such an order shall also contain a notice of the hearing setting forth the date, time and place of the hearing.

(1) Within fifteen (15) days of the effective date of the order, the city manager shall hold a hearing for the affected permittee(s) to show cause why the license or permit should not be suspended or revoked. The city manager, within fifteen (15) days following the hearing shall mail or otherwise furnish to persons noticed pursuant to this section a written decision, stating the grounds for the decision.

(2) Any permit suspension by the city manager following hearing shall continue in effect until the earlier of (i) satisfaction of the requirements specified to the end the suspension period, or (ii) expiration of any period of suspension as may be specified therein.

(3) The decision of the city manager may be appealed pursuant to section 9-930 of this article 9 of this chapter 9, provided such an appeal shall not stay the effectiveness of the decision of the city manager. The permit holder may not exercise the permit at any time during the suspension period unless expressly allowed under this Code.

(b) A permit suspended on an emergency basis may not be renewed.

(Added Ord. 2006-50, § 2, eff. 6-8-06).

By permitting or overlooking any obligation of a taxicab permittee or driver, the city does not waive or bar its right to require prompt performance, when due, of all other such obligations.

(Added Ord. 2006-50, § 2, eff. 6-8-06).

A permittee under this article shall, and by acceptance of his permit does, agree to indemnify, defend and hold the city, its officers, employees and agents free and harmless from any and all claims, costs, liability, damages or expenses, including costs of suit and fees, including attorneys' fees, arising out of or related to the permittee's acts, omissions and/or operations thereunder, except for that liability caused by the sole negligence of the city. The foregoing is not intended to and shall not be construed to limit any responsibility or liability to which the permittee may be subjected under other laws.

(Added Ord. 2006-50, § 2, eff. 6-8-06).

Subject to the continuing general control and discretion of the city manager, the administration and regulation of permits and permittees hereunder shall be jointly and severally within the power and duties of the city controller, the director of aviation, the director of transportation, the risk manager and the chief of police.

(Added Ord. 2006-50, § 2, eff. 6-8-06).

This article shall not invalidate any taxicab permit extant upon the date of its effectiveness, and all such permits shall remain in full force and effect until expiration unless revoked or suspended.

(Added Ord. 2006-50, § 2, eff. 6-8-06).

Any remedy provided under this article is cumulative to any other remedy provided in equity or at law. Nothing in this Code shall be deemed to limit the right of the city to bring a civil or criminal action against any person who violates this article; nor shall any conviction for such violation exempt any person from a civil action brought by the city or its authorized collection agent(s). Any fees and penalties imposed under this article shall constitute a civil debt and liability owing to the city from the persons, firms or corporations using or chargeable for such services and shall be collectible in any manner provided by law.

(Added Ord. 2006-50, § 2, eff. 6-8-06).

Nothing in this article shall be deemed to impose any liability upon the city or upon any of its officers or employees.

(Added Ord. 2006-50, § 2, eff. 6-8-06).

If any section, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this article. Council hereby declares that it would have passed this ordinance and adopted this article and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Added Ord. 2006-50, § 2, eff. 6-8-06).

Unless otherwise expressly provided by this Code, any person adversely and directly affected by any determination made or action taken by the city manager pursuant to the provisions of this article may file an administrative appeal pursuant to chapter 1, article 4 of this Code. If no appeal is filed within the time prescribed, the determination or action of the city manager shall be final.

(Added Ord. 2006-50, § 2, eff. 6-8-06).