Chapter 5.36 — TAXICABS

5.36.010 Definitions.

• 5.36.020 License--required.

• 5.36.050 License--suspension or revocation.

• 5.36.060 Driver's permit--required.

• 5.36.070 Driver's permit--requirements.

• 5.36.080 Driver's permit--suspension or revocation.

• 5.36.090 Solicitation.

• 5.36.100 Restrictions.

• 5.36.110 Stands.

A. Unless otherwise expressly stated, whenever used in this chapter, the following terms shall respectively be deemed to have the meanings set forth in this section:

1. "Driver" means every person in charge of, or operating, any passenger-carrying or motor propelled vehicle, as defined in this section, either as agent, employee or otherwise, of the owner, as the owner, or under the direction of the owner, as defined in this section.

2. "Owner" means every person, firm or corporation having use or control of any passenger-carrying automobile or motorpropelled vehicle, as defined in this section, whether as owner, lessee or otherwise.

3. "Person" means any individual, partnership, associate, corporation or other organization owning, or operating, or proposing to operate any taxicab within the city.

4. "Street" means any place commonly used for the purpose of public travel.

5. "Taxicab" means every automobile or motor propelled vehicle such as in common usage in this country for taxicabs, and/or operated at rates per mile, or for wait-time, or both, or at rates per trip, per hour, per day, per week or per month, and such vehicle is routed under the direction of passengers or of persons hiring the same, and used for the transportation of passengers for hire over the public streets of the city and not over a defined route, and irrespective of whether the operations extend beyond the boundary of the city.

B. The singular number includes the plural, and the plural, the singular.

(Ord. 108 § 1, 1953).

5.36.020 License--required.

It is unlawful to operate any taxicab in the city unless the owner thereof shall apply for, and obtain, a license so to do in compliance with all the provisions of Section 5.36.030.

(Ord. 108 § 2, 1953).

• A. The application for such owner's license shall be verified under oath and shall set forth:

1. A full identification of the applicant and all persons to be directly or indirectly interested in the license, if granted;

2. The residence and business address of the applicant, including all members of any firm or partnership, or all officers and directors of any corporation applying;

3. The location of the proposed business for which the license is requested, and the name of the owner and the present use of such premises;

4. The exact nature of the proposed business for which the license is requested, and the name under which it is to be operated;

5. The past experience of the applicant in the matter to which the requested license appertains; and the name, address, and past experience of the person to be in charge of the premises or business;

6. Whether or not any license or permit has been revoked, and if so, the circumstances of such revocation;

7. The number of vehicles proposed to be operated;

8. A complete description of the vehicles proposed to be operated and the proposed operations, together with the initial rates to be charged therefor;

9. The color scheme and characteristic insignia to be used to designate the vehicles of the owner;

10. Such further information as the city council, or such official of the city to whom the application may be referred, may require.

• B. The application for an owner's license shall also be accompanied by a sworn financial statement of the applicant.

• (Ord. 361 § 2, 1980; Ord. 108 § 3, 1953).

A. In addition to the grounds set forth in Section 5.36.030, governing the issuance of licenses, upon which an application for an owner's license may be denied, the city council shall deny the same if it shall appear to its satisfaction that such vehicle proposed to be operated is inadequate or unsafe; that the applicant has been convicted of a felony, or violation of any narcotic law, or of any penal law involving moral turpitude.

B. Further, the city council may deny the granting of any permit to operate any public motor vehicle in the city for the reason that there is insufficient public need or demand for the operation of the vehicle or vehicles for which a permit has been applied, or for any reasonable cause which, within its sound discretion renders the proposed operations undesirable to the city, or inadequate.

(Ord. 108 § 4, 1953).

In addition to the grounds set forth in other sections of this chapter upon which the city council may revoke or suspend any owner's license to operate a public vehicle, the city council shall have the power to so suspend or revoke the same for a violation of any of the provisions of this chapter, or any ordinance relating to traffic or use of streets, or for a failure to pay any judgment for damages arising from the unlawful or negligent operation of the public motor vehicle for which the license was issued.

(Ord. 108 § 5, 1953).

It is unlawful for any driver to operate any taxicab in the city unless there exists a valid permit to do so as provided in this chapter. Application for such driver's permit shall be made to the city clerk, shall be in writing and in duplicate, and the original thereof shall be duly acknowledged before some person lawfully authorized to administer oaths. The application shall set forth the name, age and address of the applicant; his past experience in operating automobiles; the names and addresses of his employers during the preceding period of three years; whether or not a chauffeur's license issued to him by the state of California or any state or governmental agency has ever been revoked; the name and address of the owner by whom he is to be employed as a driver, which owner shall endorse the application; and such additional information as the city clerk may require.

(Ord. 108 § 6, 1953).

A. Upon application for a driver's permit, and before it shall be issued, the driver, whether the owner or otherwise, must evidence a proficient knowledge of the traffic laws of the city and the state, and demonstrate his ability to operate a taxicab, all to the satisfaction of the chief of police.

B. Upon satisfying the requirements of subsection A of this section, the driver shall be fingerprinted by, and his record filed in the police department bureau of identification. The driver shall also file with his application two recent photographs (size one and one-half by one and one-half inches), one to be filed with his application and one to be permanently attached to his driver's permit when issued, which permit shall be posted in a place conspicuous from the passenger's compartment of the taxicab while said driver is operating same. Every driver's permit issued under the provisions of this chapter shall set forth the name of the owner for which the driver is authorized to operate a taxi- cab, and shall be valid only so long as he continues in the employ of such owner. Upon the termination of such employment, the driver shall forthwith surrender his driver's permit to the city clerk. No such driver's permit shall be granted to any person under the age of eighteen years. Such driver's permit may be denied upon the substantial evidence of facts of either physical or moral deficiencies of the applicant, which in the sound discretion of the city council would render such applicant not a competent person to operate a taxicab.

C. No driver's permit issued under the provisions of this chapter shall be transferrable in any event.

D. All drivers employed by any given owner while on duty shall wear a distinctive cap, and a badge bearing the driver's number. Only such caps and badges shall be worn as have been approved by the chief of police for use by drivers employed by a particular owner. Badges shall be worn in a conspicuous position.

E. Upon the termination of the employment of the driver, the owner for whom such driver has been working shall immediately give the city clerk written notice of such termination.

(Ord. 361 § 1, 1980; Ord. 108 § 7, 1953).

A. The city council and the chief of police, and either of them, shall have the power to revoke or suspend any driver's permit issued under the provisions of this chapter in the event the holder thereof shall be found guilty of a violation of any provisions of this chapter or shall be found guilty of reckless driving, or for the violation of any other provision of this chapter or other law, which violation, in the sound discretion of the officials, shall be deemed sufficient evidence of the fact that the driver is not a competent person to operate a taxicab. Such revocation by the chief of police, together with the reason therefor, shall be forthwith reported to the city council.

B. In the event of such revocation or suspension of a driver's permit, such certificate as may be issued in connection therewith shall be, by the holder thereof, forthwith surrendered to the city clerk.

(Ord. 108 § 8, 1953).

It shall be unlawful for any driver to operate any taxicab in the city without providing the City Clerk with proof of insurance in an amount not less than $500,000 for injuries, including but not limited to death to any one person, and $1,000,000 for any one occurrence and further, that property damage insurance be provided in an amount not less than $100,000.

(Ord. 646, 1995)

No driver of any taxicab, or agent of the owner or operator thereof, shall solicit passengers except from a taxicab stand or while standing immediately adjacent thereto on the curb side thereof.

(Ord. 108 § 9, 1953).

No driver of any taxicab shall cruise in search of passengers at any time; and whenever all passengers have been discharged from any taxicab, it shall be the duty of the driver thereof to proceed at once by the most direct route to the regular stand of such taxicab or garage, or other point where the vehicle is stored. It is unlawful, within the central business district, to park taxicabs at any point other than a taxicab stand, except when receiving or discharging passengers or responding to calls.

(Ord. 108 § 10, 1953).

Stands for taxicabs and vehicles for hire shall be maintained and occupied only as provided in the ordinances of the city.

(Ord. 108 § 11, 1953).

Any person, firm, corporation or association violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than five hundred dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment.

(Ord. 108 § 12, 1953).