Gilroy Municipal Code Art. II Taxicab Permit

(a) No owner of a taxicab shall operate or cause to be operated a taxicab on the streets of the City of Gilroy without a fully valid taxicab permit issued by the chief of police.

(b) Any taxicab may, however, transport passengers from a point outside to a destination within the city or may proceed through the city while en route to a destination outside of the city without the issuance of a permit, and such operations shall not of themselves constitute engaging in business in the city within the meaning of this chapter.

(c) The chief of police may, in his sole discretion, issue a taxicab permit to an owner in reliance on an owner’s permit, license, certificate or equivalent document issued by another local public entity if the chief finds that said public entity obtained substantially similar information regarding the ownership and operation of the taxicabs and imposes substantially similar requirements for safe operation of taxicabs and the lawful operation of a taxicab business.

(d) A taxicab permit issued pursuant to this chapter shall be valid for one (1) year from the date of issuance.

(Ord. No. 94-2, § II, 2-22-1994)

Every applicant for a taxicab permit shall execute and file with the chief of police a verified application that contains the following information:

(a) The name, residence and business addresses of the applicants, including those of all members of any firm or partnership, and all officers and directors of any corporation.

(b) The location of the proposed business and the fictitious name, if any, under which the business is to be operated.

(c) The applicant’s past experience with regard to taxicab operations.

(d) Whether any application for, or permit, license, certificate or equivalent document issued to the applicant for operation of vehicles for hire has been denied, revoked or suspended by any public agency. The circumstances of said denial, revocation or suspension shall be fully explained.

(e) Whether the applicant or officers of the applicant have been convicted of any crime, misdemeanor or violation of any municipal ordinance or state law within five (5) years prior to the date of the application, including the nature of the offenses and the punishment or penalty assessed therefor.

(f) The number of vehicles proposed to be used as taxicabs.

(g) A complete description of the vehicles, including the make, model, serial number and license number of each vehicle, and any logos, distinguishing vehicle markings and colors.

(h) A completed taxicab inspection form showing that each vehicle has successfully passed the lamp, brake, smog and taximeter inspections. Said inspection is to be sworn to by a mechanic licensed by the State of California for the purpose of automobile inspection and repairs who has inspected and examined such vehicles.

(i) Proof of valid insurance policies as required by this chapter; or where not yet issued, a written statement from an insurer that such insurance policies will be issued if the application is granted.

(j) Such additional information as required by the chief of police for the protection of the city.

(Ord. No. 94-2, § II, 2-22-1994)

The applicant for a taxicab permit shall submit with the application an application fee, as set forth in the schedule of fees established by resolution of the city council, and if a permit is granted, the applicant shall pay a permit fee established by the city council.

(Ord. No. 94-2, § II, 2-22-1994)

The chief of police, or the city council on appeal, may deny an application for a taxicab permit on any of the following grounds:

(a) The application fails to contain any of the required information as set forth in section 23.7 above, or any of the information contained in the application is false.

(b) Any vehicle proposed to be operated is inadequate or unsafe, and the applicant has failed to substitute a safe vehicle in its place in a reasonable time.

(c) The name under which the applicant will conduct business, or applicant’s proposed color scheme or other marking, design or insignia, will tend to confuse the identification of taxicabs which applicant proposes to operate with those operated under existing taxicab permits.

(d) The applicant has failed to comply with any term, condition, or requirement in a taxicab permit or has had a taxicab permit revoked within three (3) years prior to the date of application.

(e) The applicant within five (5) years prior to the date of application, has been convicted of a crime, or is on parole or probation for a crime, and the crime is substantially related to the qualifications, functions or duties of an owner of a taxicab business.

(f) The applicant has failed to pay when due any applicable taxes, license or other permit fees imposed by the City of Gilroy.

(Ord. No. 94-2, § II, 2-22-1994)

(a) Within a reasonable time after receipt of the application, the chief of police may approve or deny the application, or issue a taxicab permit to the applicant to conduct all or any part of the proposed service.

(b) The chief of police may impose such terms, conditions or restrictions on the taxicab permit as the chief deems necessary to provide adequate and dependable service to the public and to protect the use of public streets and facilities.

(c) Any taxicab permit issued, and all interest, rights and obligations pertaining thereto, is personal to the holder of such permit, and are not transferable or assignable, by operation of law or otherwise.

(d) The applicant to whom a taxicab permit has been issued shall, prior to commencement of any taxicab operation, file with the chief of police acknowledged written acceptance thereof and its agreement to comply with all the terms and conditions required under such permit and this chapter.

(Ord. No. 94-2, § II, 2-22-1994)

The decision of the chief of police in regard to the issuance of a taxicab permit may be appealed to the city council. The procedures for the appeal and the requirements of notice and hearing are set forth in Article VII of this chapter.

(Ord. No. 94-2, § II, 2-22-1994)

The holder of a taxicab permit may add or substitute a different vehicle for a taxicab operated under the permit issued pursuant to this chapter by filing an application amendment with the chief of police, setting forth all information required in section 23.7 regarding taxicab vehicles, including, but not limited to, the proof of safe operating conditions and evidence that the vehicles are covered under the insurance policies required by this chapter.

(Ord. No. 94-2, § II, 2-22-1994)

(a) The city council may by resolution after a public hearing determine and fix rates and fares for the use of taxicabs. The city clerk shall notify every holder of a taxicab permit at least ten (10) days prior to the public hearing on rates and fares.

(b) If the city council has not established rates and fares, then an owner shall cause the correct schedule of rates and fares to be registered with the chief of police upon issuance of a taxicab permit. Any proposed changes in said schedule shall be filed with the chief at least ten (10) days prior to taking effect.

(c) It shall be unlawful to charge or collect rates or fares in excess of said rates and fares as set by the city council or, if not set by the council, then to charge or collect rates or fares in excess of that schedule registered with the chief of police. Any overcharge shall constitute a ground for revocation or suspension of a taxicab permit or a taxicab driver’s permit.

(d) It shall be unlawful for any person to refuse to pay the scheduled fare imposed for taxicab service upon arriving at a destination.

(e) The driver of any taxicab shall give any passenger who so requests a receipt for the fare charged and paid. The receipt shall contain the name of the taxicab business, the name of the driver, and the date and the amount of fares charged and paid.

(Ord. No. 94-2, § II, 2-22-1994)

(a) The following identification shall be placed and maintained on both sides and the rear of each taxicab operated under this chapter:

(1) A serial body number, assigned by the chief of police for each taxicab, at least four (4) inches in height and of such color as will contrast distinctly with the color of the body of the taxicab, shall be placed on each vehicle in the locations directed by the chief of police.

(2) The owner’s trade name shall include the word “taxicab,” “taxi” or “cab” and shall be in letters at least four (4) inches in height and of such color as will contrast distinctly with the color of the body of the taxicab.

(b) All identification required to be placed on a taxicab shall be removed within forty-eight (48) hours after such taxicab is removed from the owner’s taxicab service.

(c) There shall be displayed in each taxicab, in full view of the passenger, a card not less than four (4) inches by six (6) inches in size, which shall have plainly printed thereon the name of the owner, or the fictitious name under which such owner operates, the business address and telephone number of such owner, and a correct schedule of the rates allowed in this chapter to be charged for conveyance in the vehicle.

(Ord. No. 94-2, § II, 2-22-1994)

§ 23.15. through § 23.19. (Reserved)