Hanford Municipal Code Ch. 5.52 Taxicabs, Automobiles for Hire, and Drivers for Hire

Note: Prior history: Ord. 96-18 and prior code §§ 5-14.01—5-14.11.

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases shall be defined as follows:

"Automobile for hire"

means and includes every automobile or motor-propelled vehicle by means of which passengers are transported for hire upon any public street in the city and not over a regular or defined route, irrespective of whether the operations extend beyond the city limits, except vehicles defined as taxicabs and except vehicles of transportation companies.

"Driver for hire"

means and includes any individual or business entity that transports a passenger or passengers for hire in an automobile or motor-propelled vehicle, which is owned by or within the legal possession of a passenger or a person or entity other than the driver for hire, upon any public street in the city, irrespective of whether the operations extend beyond the city limits.

"Taxicab"

means and includes every automobile or motor-propelled vehicle by means of which passengers are transported for hire upon any public street in the city and not over a regular or defined route, irrespective of whether the operations extend beyond the city limits, when a charge for such transportation is measured by the distance traveled or by the time required for such transportation or both, except vehicles of transportation companies and vehicles operated on behalf of a passenger or passengers by a driver for hire. "Taxicab" includes, without limitation, automobiles and other motor-propelled vehicles that are part of a transportation network that uses an online-enabled platform to connect passengers with drivers utilizing their personal, non-commercial vehicles to provide transportation services to such passengers (e.g., Uber, Lyft, etc.).

"Transportation company"

shall be synonymous with the phrase "carrier" as defined by the Public Utilities Code of the state.

(Ord. 10-09 § 2, 2010; Ord. 16-09 § 1, 2016)

A. It is unlawful for any person or business entity to operate or cause to be operated, any automobile for hire or taxicab upon any public street in the city or offer driver for hire services within the city without first having obtained a permit to so do in accordance with the provisions of this chapter and without complying with or having complied with, all the provisions of this chapter.

B. This chapter shall not apply to vehicles involved in the transportation of sick, injured, disabled, or handicapped persons in specially equipped vehicles that are not ordinarily used for the transportation of taxicab patrons. Persons operating a service claiming such an exemption shall transport only sick, injured, handicapped, or disabled persons and their attendants.

(Ord. 10-09 § 2, 2010; Ord. 16-09 § 1, 2016)

Any person or business entity desiring to obtain the permit required by Section 5.52.020 of this chapter, shall make an application with the city's director of finance and pay to the director of finance a fee in the amount fixed by resolution of the council, which application shall set forth:

A. The name and address of the applicant and, if the applicant shall be a corporation or limited liability company, the names of its principal officers, directors, and managers or, if the applicant shall be a partnership, association, or sole proprietorship (including a sole proprietorship operating under a fictitious business name), the names of the partners or persons comprising the association or company, with the address of each;

B. A statement as to whether the permit is desired for an automobile for hire, taxicab, or driver for hire services;

C. A proposed schedule of rates or fares to be charged for carrying passengers;

D. With respect to taxicabs and automobiles for hire, a description of and information regarding every motor vehicle which the applicant proposes to use, including:

1. The trade name,

2. The motor and serial number,

3. The state license number,

4. The seating capacity,

5. The body style,

6. An inspection report from a licensed mechanic stating that the vehicle is in good working order, to include but not limited to, brakes, lighting, engine, drive train, interior and tires, and

7. If applicable, appropriate documentation showing that the taxicab meter for each such automobile has been calibrated in accordance with state law;

E. With respect to taxicabs and automobiles for hire, the street number and exact location of the place where the applicant proposes to stand each such automobile, if applicable;

F. With respect to taxicabs and automobiles for hire, the distinctive color scheme, name, monogram or insignia which shall be used on such automobiles, if applicable;

G. If any proposed taxicab or automobile for hire stand is in the public street, the application shall be accompanied by a 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 25 feet each way therefrom or, if there is no such occupant, by the written consent thereto of the owner or lessee of such building or lot; and

H. Upon any change in ownership of a taxicab, an automobile for hire, or a business involving a taxicab, automobile for hire, or driver for hire services, the new owner shall, as a condition of commencement of operations, submit an application for permit in the manner provided in this chapter.

(Ord. 10-09 § 2, 2010; Ord. 16-09 § 1, 2016)

A. Upon the receipt of any completed application, the director of finance shall respond to the applicant in writing in no more than 20 days as to the acceptance or denial of said application and the reasons for denial of the application. The following reasons shall be sufficient for the denial of a permit:

1. That the application is not in the form and does not contain the information required by the provisions of this chapter;

2. That the vehicles described in the application are inadequate or unsafe for the purpose for which they are to be used;

3. That the color scheme, name, monogram or insignia to be used upon such vehicles shall be in conflict with or imitate any color scheme, name, monogram or insignia used by another person or company in such manner as may be misleading or tend to deceive or defraud the public;

4. That the location of the proposed stand is such as to congest or interfere with travel on any public street or that the proposed stand is within 300 feet of any other stand theretofore fixed by the council on the same street;

5. That the applicant, at some prior time, has had a permit for the operation of an automobile for hire, taxicab, or driver for hire business revoked for any reason; or

6. That the approval of the application may be contrary to public interest, safety or welfare.

B. Persons receiving notice of permit denial may request an administrative appeal hearing in a manner consistent with Hanford Municipal Code Chapter 1.08, as may be amended. The denial shall not be stayed pending the appeal process.

(Ord. 10-09 § 2, 2010; Ord. 16-09 § 1, 2016)

A. Required. It is unlawful for any person to drive any taxicab or automobile for hire or provide driver for hire services without first obtaining a permit from the city. Such permits issued shall entitle the driver to work only for the company whose name appears on the permit. A new permit shall be required for each subsequent employment. Drivers' permits are separate and distinct from the permits required under Section 5.52.040 of this chapter.

B. Application. Applicants for such permits shall file applications with the police chief or designee upon forms to be furnished by the city and pay a processing fee in the amount fixed by resolution of the council.

C. Issuance—Refusal. Permits shall be in the form of a card which shall bear the signature, photograph and fingerprints of the applicant. Such card shall be issued by the Hanford police department. An electronic copy shall be kept by the police department and the original card shall be conspicuously worn by drivers at all times while operating a taxicab or automobile for hire or while providing driver for hire services. No permit shall be issued to any of the following persons:

1. Any person under the age of 21 years;

2. Any person who, within the last 10 years, has been convicted of a felony or a crime involving moral turpitude;

3. Any person who, within the last seven years, has been convicted of reckless driving or driving while under the influence of intoxicating liquor, narcotics, or controlled substance; or

4. Any person not possessing a State Class C driver's license of the state. Notwithstanding the foregoing limitations and conditions, the city may, at its sole discretion, deny a permit sought by any applicant who has been convicted of any felony offense.

D. Expiration. A driver's permit shall automatically expire upon the expiration or renewal of the individual's driver license issued by the California Department of Motor Vehicles. Renewal of a driver license shall not result in an automatic renewal of a driver's permit required under this chapter, and a driver must apply for a permit renewal whenever his or her driver license expires or is renewed.

(Ord. 10-09 § 2, 2010; Ord. 16-09 § 1, 2016)

A. Before a permit shall be issued by the director of finance per Section 5.52.040, the applicant shall deliver to the director of finance a policy of insurance, executed by a company duly authorized under the laws of the state to do business, in which policy the insurance company promises and undertakes to pay claims for damages to persons or property resulting from the operation of the vehicles and provision of services referred to in the application. The amount of liability coverage maintained by an applicant shall have limits of no less than $250,000 occurrence and $500,000 aggregate. Such liability coverage shall be maintained a permittee as long as the permittee engages in operations governed by this chapter, and a permittee shall provide a new policy of insurance to the director of finance whenever the permittee obtains new coverage, renews coverage, or modifies coverage.

B. If a driver applicant participates in an online-enabled platform to connect passengers with drivers or is a driver for hire, the driver will maintain the insurance described in preceding subsection A. The policy of insurance shall be received by the police chief prior to issuance of a permit to the driver applicant.

(Ord. 10-09 § 2, 2010; Ord. 16-09 § 1, 2016)

The following rules and regulations shall be observed by all persons operating taxicabs or automobiles for hire or providing driver for hire services, and it is unlawful to operate a taxicab or automobile for hire or provide driver for hire services in violation of any of the following rules:

A. Any person operating a taxicab or automobile for hire or providing driver for hire services shall wear a badge issued by the Hanford police department. The badge shall be worn in plain sight inscribed with the name of the person to whom the permit has been issued, the company that the individual is employed by and the chargeable rates of that company. The provisions of this subsection shall not apply to an individual to whom a permit has been issued when driving his or her own car (personal vehicle not engaging in taxicab automobile for hire, or driver for hire services). A fee payable to the Hanford police department shall be adopted by city council resolution to cover the costs of the issuance of said badges.

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

C. No automobile for hire or taxicab shall remain standing upon any portion of any public street except for loading and unloading passengers and then not for a period of more than five minutes, except at such stand as may be designated by the 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.

D. No operator or owner of any automobile for hire or taxicab shall solicit, take or carry any passengers after such automobile for hire or taxicab shall have been engaged or while in use for another passenger, without the consent of the passenger first engaging the same having been first obtained. A passenger engaging such automobile shall have the exclusive right to full and free use of the passenger compartment and the whole thereof, if he or she desires the same.

E. No driver for hire shall solicit, take, or carry any person in a passenger's vehicle other than the passenger(s)engaging the driver and the passenger's guest(s).

F. The operators of taxicabs shall carry each passenger engaging the same safely and expeditiously to his or her destination by the most direct and accessible route.

G. No driver for hire may utilize a passenger's vehicle for any purpose other than transportation of the passenger and the passenger's guest(s) to an identified destination.

H. No owner or operator of any automobile for hire or taxicab shall solicit patronage for the same from the vehicle or within 100 yards thereof, upon any public street save and except at railroad and interurban depots and within the boundaries of the space designated by the city council or the police chief for such purposes.

I. No driver for hire shall solicit patronage from a member of the public while engaged by a patron.

J. All automobiles for hire and taxicabs shall be kept in good mechanical condition.

K. No taxicab or automobile for hire shall be operated by any person and no individual may provide services as a driver for hire: (1) if he or she is under the age of 21 years; (2) if he or she does not have a chauffeur's license issued by the state; (3) while under the influence of intoxicating liquor, a narcotic, or controlled substance; (4) while using tobacco in any form; (5) if he or she is, for any reason whatsoever, unable or incompetent to safely handle an automobile; or (6) in violation of any law.

L. No owner or operator of any automobile for hire, taxicab, or driver for hire service shall indulge in unfair competition with competitors or commit any fraud upon the public or other persons engaged in the same business. The city's director of finance shall be the judge of what constitutes fraud or unfair competition pursuant to the provisions of this subsection. Any complaint of violation of the provisions of this subsection shall only be heard upon written complaint specifying the act complained of and sworn to by the complainant before a notary public or other officer authorized to administer oaths. Determinations of the director of finance shall be subject to appeal in accordance with Section 5.52.040.

M. Every taxicab shall have posted in the passenger compartment a schedule of rates and charges for the hire of such vehicle and a copy of the provisions of this section.

N. Every automobile for hire and taxicab shall be equipped with a light of not less than two candlepower within such vehicle, so arranged as to illuminate the whole of the passenger compartment, which light shall be constantly lighted at all times while any passenger is in such vehicle (except when the same is in motion) from one-half hour after sunset of any day until one-half hour before sunrise of the next day and no shades or blinds shall be drawn over the windows of any automobile for hire or taxicab while any passenger is in such vehicle.

O. No charge shall be made by any operator or owner of a taxicab or automobile for hire in excess of the rates posted in the passenger compartment of such vehicle and approved by the director of finance.

P. Each driver for hire business will require its drivers to maintain a log book to document each patron's name, beginning and ending miles of a patron's vehicle, a general description of the patron's vehicle (e.g., make, model, color, license plate number, and visible damage), and beginning and ending locations of each patron. Each driver for hire business will retain driver log books and may not discard, destroy, or dispose of such records without the city's authorization.

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

R. No automobile for hire shall be designated as a taxi or taxicab or by word or phrase using the words taxi or taxicab in any sign or advertising manner.

(Ord. 10-09 § 2, 2010; Ord. 16-09 § 1, 2016)

A. The police chief may suspend or revoke a driver's permit issued pursuant to Section 5.52.050 or may refuse to renew a permit if a driver has, since the granting of a permit:

1. Been convicted of a felony or a crime involving moral turpitude;

2. Been convicted of reckless driving or driving while under the influence of intoxicating liquor, narcotic, or controlled substance;

3. Had his or her state operator's license revoked or suspended;

4. Had two or more convictions for speeding within any 12 month period; or

5. Violated any of the provisions of this chapter.

B. The finance director may suspend or revoke any permit granted pursuant to Section 5.52.040 for any of the following reasons:

1. That the insurance provided for in Section 5.52.060 of this chapter has not been given, has been withdrawn or lapsed for nonpayment of premium or is not in force for any reason;

2. For the nonpayment of any license fee provided by Chapters 5.04 and 5.08;

3. For failure to observe any of the rules, regulations or provisions set forth in this chapter;

4. For the violation of any laws, ordinances, or resolutions of the state or city by any permittee, operator, or driver;

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

6. For any cause which, in the opinion of the finance director, is contrary to public interest.

C. Suspension or revocation of a permit issued pursuant to this chapter shall be effective immediately upon the issuance of a written notice by the police chief or finance director. The notice shall inform the permittee or driver of: (1) the grounds for the suspension or revocation; (2) the actions required to reinstate the permit; and (3) the permittee's or driver's right to appeal the suspension or revocation. Such written notices will be given by delivering the notice personally to the permittee or driver, or by mailing the notice, certified with return receipt requested, to the permittee or driver at the mailing address identified in the permit application submitted by the permittee or driver to the city in accordance with this chapter.

D. The decision of the police chief or finance director to suspend or revoke a permit may be appealed in accordance with Section 5.52.040; provided, however, the filing of an appeal shall not stay or otherwise affect the suspension or revocation of a permit. The permit holder may not exercise any rights under a suspended or revoked permit unless expressly allowed under this code. A permittee of a suspended permit will not be issued a new permit while his, her or its permit remains suspended.

(Ord. 10-09 § 2, 2010; Ord. 16-09 § 1, 2016)

In the event any permittee shall desire to change his, her or its schedule of rates and charges or the color scheme, name, monogram or insignia used on any automobile for hire or taxicab or to substitute any vehicle for and in place of the vehicle described in the application for a permit or to increase or decrease the number of vehicles used by him or her as automobiles for hire or taxicabs, he or she shall make application for permission to do so from the finance director, which permission shall be granted if, in the discretion of the finance 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 chapter.

(Ord. 10-09 § 2, 2010; Ord. 16-09 § 1, 2016)

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

No person shall be entitled to hold more than one permit at a time, either as an individual, a member of a partnership, joint venture, or limited liability company, as a stockholder, director, or officer of a corporation, or in any other manner.

(Ord. 10-09 § 2, 2010; Ord. 16-09 § 1, 2016)

It is unlawful for any person to refuse to pay the legal fare for the hire of any automobile for hire, taxicab, or driver for hire with the intent to defraud the person from whom services are received.

(Ord. 10-09 § 2, 2010; Ord. 16-09 § 1, 2016)

The city council may adopt a resolution to levy service charges, fees, fines, and assessments in amounts sufficient to pay for the costs of administering and carrying out the requirements of this chapter.

(Ord. 10-09 § 2, 2010; Ord. 16-09 § 1, 2016)

A. Any operator or owner of a business or any driver subject to this chapter that violates any of the provisions of this chapter shall be deemed to have committed an infraction and shall be subject to a fine for such violation. The fines shall be established by the resolution of the city council as provided in subsection (b) of Section 36900 of the Government Code of the state.

B. The enforcement procedures, penalties and remedies provided in this chapter are not exclusive, but are in addition to any other enforcement procedures, penalties and remedies that may be provided elsewhere in this code or by any federal, state or local law, regulation or rule. In addition, the city may pursue any, all or any combination of these enforcement procedures, penalties and remedies against any person or entity that violates any provision of this chapter.

(Ord. 10-09 § 2, 2010; Ord. 16-09 § 1, 2016)