Hawaiian Gardens Municipal Code Ch. 5.38 Taxicabs

For the purpose of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

Automobile for hire or vehicle for hire means every automobile or motor-propelled vehicle of private appearance, not equipped with a taximeter, used for the transportation of passengers over the public streets of the City and not over a defined route, irrespective of whether such operations extend beyond the boundary limits of the City, at rates per mile, per trip, per hour, per day, per week, per month and which vehicle is routed under the direction of a passenger or of the person hiring the same.

Carrier means every person, corporation, partnership, joint venture or other form of business organization, their lessees, receivers or trustees, engaged in operation or causing to be operated any vehicle required by the provisions of this chapter to obtain a permit.

Chauffeured limousine means a motor vehicle used for the transportation of passengers for hire along public streets, not over a defined route, but a route under the control of the person hiring such a vehicle, and the point of origin is within the City. A chauffeured limousine shall not bear any distinguishing insignia or monogram or top lights, and shall operate and be dispatched from a fixed location, and shall be hired by contract on a minimum hourly basis only; the minimum rates shall be approved by the City Council.

Compensation means any money, thing of value, payment, consideration, reward, tip, donation, gratuity or profit paid to or accepted.

Driver means every person driving, operating or in charge of any vehicle as defined by this chapter.

Driver's permit means the permit issued by the City Administrator to any person operating or driving any vehicle as defined by this chapter.

Motor vehicle or vehicle means every motor-propelled vehicle used for the transportation of persons over the public streets, and not upon rails or tracks.

Stand means a particular place on a public street in the City which has been designated by the City Council for the use of particular vehicles authorized by this chapter to stop or stand in said place while awaiting employment.

Taxicab means every motor vehicle of a distinct color or commercial appearance used for the transportation of passengers and/or baggage and packages over the streets of the City for compensation irrespective of whether or not the operation extends beyond the boundaries of the City; and whose service is demand-responsive; and whose fare is determined and indicated by a taximeter or by posted rates pertaining to a shared ride; and which has a top light, and a uniform monogram or insignia, a vehicle number and telephone number clearly visible on the body of the vehicle; and whose route and destination are under the exclusive control of the passengers being transported.

Taxicab operator means a person engaged in the business of running, driving or operating one or more taxicabs and soliciting or accepting passengers in such taxicab or taxicabs for hire, either at a taxicab stand or elsewhere, within the City.

Taximeter means a mechanical or electronic device by which the charge for hire of a taxicab is automatically calculated, either for distance traveled or for waiting time, or both, and upon which such charge is plainly registered by means of figures indicating dollars and cents.

(Ord. 412 § 3, 1993)

A. Any person desiring to operate any vehicle covered by this chapter shall file a completed application with the City Administrator's office accompanied with a filing fee. The application shall contain information as may be required by the City Administrator pertaining to the operation of, and the extent, character and quality of the service of taxicabs or vehicles for hire. In addition, a complete background check shall be performed on the owner of business and person applying, who is financially interested in the operation of said taxicab or vehicle for hire. A Law Enforcement Agency will conduct the background check and the applicant will be responsible for the cost of the investigation.

B. A nonrefundable application fee to defray the cost of processing the application for a permit under this chapter shall be submitted as stated in Chapter 5.04.

(Ord. 412 § 3, 1993)

Upon a fully completed application, the City Clerk shall set a time not sooner than ten nor more than 30 days thereafter for the hearing of said application before the City Council.

(Ord. 412 § 3, 1993)

Written notice of the hearing shall be given to the owner and applicant as indicated on the application. Due notice of the time and place of the public hearing before the City Council shall be given to the general public by causing such notice of such hearing to be posted within public places of the City and advertised once in the local newspaper.

(Ord. 412 § 3, 1993)

A. The City Council, after the public hearing, shall declare by resolution that the public convenience and necessity requires the proposed service and that the following conditions exist:

1. That the business owner and applicant are both of good moral character;

2. That the applicant has complied with the provisions of all City, State and Federal laws applicable to the proposed operations;

3. That the service requested will not result in a greater hazard to the public and will not create traffic congestion or parking problems;

4. That the vehicles described in the application and proposed to be used are adequate and safe for the purpose intended;

5. That the color scheme, insignia, name, monogram or other distinguishing characteristics proposed to be used on such vehicle or vehicles is not in conflict with and does not imitate any color scheme, insignia, name, monogram or other distinguishing characteristics used by any person, in such manner as to mislead or tend to mislead, deceive or defraud the public;

6. That existing transportation is inadequate to meet the public need;

7. That all the information contained in the application has been verified as true and sufficient.

B. The City Council may approve the permit if it finds that all of the above conditions exist. If one of the conditions does not exist, then the City Council may deny the permit. The City Council decision is final and may not be appealed.

(Ord. 412 § 3, 1993)

A. All permits issued under the provisions of this chapter shall be for a period of not to exceed one year as regulated by Chapter 5.08.

B. Upon application of the permittee, the City Administrator shall determine if the permittee during the prior permit period has operated in conformity with the provisions of this chapter and that permittee is capable of such continued operation in the succeeding year. The permit holder shall provide a report on the prior year's operations and a current financial statement in a form approved by the City Administrator.

(Ord. 412 § 3, 1993)

The permit required by the provisions of this chapter shall entitle the holder to obtain a license from the City Clerk to engage in the business described in the permit upon the payment of the license fee, and the City Clerk shall issue to the holder of such permit a license setting forth the kind of transportation for which such license is issued and the year when issued. Such permit shall be filed with the City Clerk.

(Ord. 412 § 3, 1993)

A. Licensee shall procure and maintain for the duration of the business permit, insurance against claims and injuries to persons or damages to property which may arise from or in connection with the performance of said business. Evidence of liability insurance shall be filed with the Business License Collector. The minimum amount of insurance shall not be less than the following:

1. General liability. One million dollars per occurrence for bodily injury, personal injury and property damage. If commercial general liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately or the general aggregate limit shall be twice the required occurrence limit;

2. Automobile liability. One million dollars per accident for bodily injury or disease;

3. Employer's liability. One million dollars per accident for bodily injury or disease.

B. Scope of insurance shall include workers' compensation insurance as required by the State of California and employer's liability insurance.

C. Licensee shall furnish the Business License Collector with original endorsements effecting coverage. The endorsement shall be signed by a person authorized by the insurer to bind coverage on its behalf.

(Ord. 412 § 3, 1993)

The City Council shall have the power to suspend or revoke any of the permits required by the provisions of this chapter when the permittee violates:

A. Terms of the permit or the rules and regulations of the City Council pertaining to the operation and to the extent, character and quality of the service or any such vehicles;

B. Provisions of the Hawaiian Gardens Municipal Code;

C. Laws of the City of Hawaiian Gardens, or State of California, or of the United States.

(Ord. 412 § 3, 1993)

Upon being informed that sufficient justification exists to suspend or revoke a permit, the City Clerk shall fix a time and place for a public hearing before the City Council for possible suspension or revocation in accordance with Chapter 1.14.

(Ord. 412 § 3, 1993)

It is unlawful for any person to operate or drive a taxicab or vehicle for hire in the City without first having obtained a driver's permit from the City Administrator. All persons applying for such a permit shall file with the City Administrator a sworn application which shall set forth:

A. The experience of the applicant in the transportation of passengers;

B. A concise history of his/her employment;

C. The educational background of the applicant;

D. Two recent photographs (size one and one-half inches by one and one-half inches);

E. An application fee of $5.00 shall accompany each application for a driver's permit.

(Ord. 412 § 3, 1993)

The City Administrator shall not issue a permit to:

A. Any person under the age of 21 years;

B. Any person not a citizen of the United States or who has not filed a petition for naturalization;

C. Any person not possessing a valid driver's license issued by the State of California;

D. Any person who has been convicted of driving a vehicle recklessly or while under the influence of intoxicating liquors or narcotics.

(Ord. 412 § 3, 1993)

If, upon completion of the investigation, the City Administrator finds the applicant is not a fit and proper person to be a driver, he/she shall refuse to issue a driver's permit to the applicant.

(Ord. 412 § 3, 1993)

A driver's permit issued under the provisions of this division of the Code may be suspended or revoked at any time by the City Administrator if the holder thereof has:

A. Been convicted of a felony or a crime involving, using, possessing, selling or transporting narcotics; or imparting information for obtaining narcotics;

B. Been convicted of driving recklessly or while under the influence of liquor or narcotics;

C. Had his/her State driver's license revoked or suspended;

D. Been convicted of any of the offenses set forth in Sections 20001, 22350, 22351, 23102 and/or 23103 of the Vehicle Code of the State of California and amendments thereto, or any combination of either or any of the said offenses;

E. Charged or received a fare in excess of the rates provided for herein or violated any of the other provisions hereof;

F. Been determined by the City Administrator, for any reason, after due investigation, to be an unfit person to drive a taxicab.

(Ord. 412 § 3, 1993)

Revocation of a taxicab driver's permit shall be made in accordance with Chapter 1.14.

(Ord. 412 § 3, 1993)

Each permit approved by the City Administrator shall be an annual permit and shall be automatically renewable by the City Administrator if, in the opinion of the City Administrator, said driver should receive a subsequent permit. No permit fee will be required for renewals.

(Ord. 412 § 3, 1993)

No carrier or driver of any vehicle operated pursuant to the terms of this chapter shall stand any such vehicle while awaiting employment at any place upon any portion of the street of the City other than at a place designated as a stand by the City Council for the nonexclusive use of such vehicles.

(Ord. 412 § 3, 1993)

Jurisdiction to issue permits for taxicab stands shall be vested in the City Council. All permits shall be revocable at the pleasure of the City Council and all applications shall be referred to the City Traffic Engineer for his/her recommendation. The City Council shall not grant a taxicab stand permit without taking into consideration the need for such public and shall not grant such stand where it would tend to create a traffic hazard.

(Ord. 412 § 3, 1993)

For each permit for a street stand or parking space or place upon any public street or other public place, the owner of the taxicab company or vehicles for hire using said space shall pay to the City an annual fee to be set by City Council resolution.

(Ord. 412 § 3, 1993)

A. Taximeters. It is unlawful for any owner or driver to operate any taxicab in the City unless such vehicle is equipped with a taximeter of such type, style and design as may be approved by the City Administrator of said City, and it shall be the duty of every owner operating a taxicab to keep such taximeter in perfect condition so that said taximeter will, at all times, correctly and accurately indicate the correct charge for the distance traveled and waiting time, and such taximeter shall be at all times subject to inspection by the City Administrator of the City, and said City Administrator is authorized at his/her instance or upon complaint of any person to investigate or cause to be investigated such taximeter, and upon the discovery of any inaccuracy in said meter, to remove or cause to be removed such vehicle equipped with such taximeter from the streets of the City until such time as said taximeter shall have been correctly adjusted.

B. Registration of fares. Every taximeter shall register the charge to the nearest $0.10 and be equipped with a flag or other mechanical device with the words "for hire" printed or stamped thereon, and said flag shall be so attached and connected to the mechanism of said taximeter as to cause said mechanism to operate when said flag is in a position other than upright and indicate that the taxicab is not for hire, and which said flag shall, when moved forward or downward, start the operation of said taximeter so that the same will operate in the manner defined in this chapter.

C. Unlawful display of flag. It is unlawful for any driver of a taxicab while carrying passengers to display the flag or device attached to such taximeter in such a position as to denote that such vehicle is for hire or is not employed, or to have such flag or other attached device in such position as to prevent said taximeter from operating, and it will be unlawful for any driver to throw such flag or other device of a taximeter into a position which causes said taximeter to record when such device on such taximeter is not in service and said taximeter must be placed into a nonrecording position at the termination of each and every service.

D. Charges based on taximeters. The charges for transportation of passengers in taxicabs operated in the City must be based on the charges indicated on said taximeters and it shall be unlawful for any owner, driver or operator of any taxicab to charge any passenger or passengers any sum in excess of the sum indicated on said taximeter.

E. Placement of taximeter. The taximeter must be placed in said taxicab so that the reading dial showing the amount to be charged shall be well lighted and visible by the passenger riding in such taxicab.

F. Posting schedule of fares.

1. There shall be displayed in the passenger compartment of each taxicab in full view of the passenger a card not less than four inches by six inches in size which shall have plainly printed thereon the name of the owner, or the fictitious name under which said owner operates, the business address and telephone number of said owner, and a correct schedule of the rates to be charged for conveyance in said vehicle, including rates for minimum flag drop, mileage and waiting time.

2. In addition, such rates, including rates for minimum flag drop, mileage and waiting time, shall be displayed on each side of the taxicab on the exterior of the front doors in letters not less than one-half inch in size in a color contrasting with the color of the taxicab.

G. Rates. It is unlawful for the owner or driver of any taxicab to charge or collect or receive a rate in excess of rates established and set from time to time by resolution of the City Council.

H. Acceptance of personal property—Prohibited. It is unlawful for any driver of a taxicab, or other vehicle regulated, to purchase, accept, receive, acquire, or to agree to purchase, accept, receive or acquire any jewelry, watches, camera, firearms, clothing or any articles of personal property in payment of or as a pledge for the payment of any fares due and payable for conveyance in any taxicab or vehicle regulated by this chapter.

I. Direct route of travel. Any driver employed to transport passengers to a definite point shall take the most direct route that will take the passengers to their destination safely and expeditiously.

J. Receipts. If requested, every driver shall give a receipt upon payment of the correct fare. In case of dispute the matter shall be determined by the watch commander at the Sheriff's station. Failure to comply with such determination shall subject the offending party to a charge of misdemeanor.

K. Refusal to pay fare. It is unlawful for any person to refuse to pay the lawful fare of any of the vehicles regulated by this Code after employing or hiring such vehicle, and any person who shall hire such vehicle with intent to defraud the person from whom it is hired shall be guilty of a misdemeanor.

L. Number of passengers. No driver of any taxicab shall accept, take into his/her vehicle or transport a larger number of passengers than the rated seated capacity of his/her vehicle. Rated capacity means three passengers in the back seat and two in the front seat of the taxicab unless the rated capacity of a taxicab is otherwise designated in writing by the Chief of Police.

M. Additional passengers. Whenever any taxicab is occupied by a passenger, or passengers, the driver shall not permit any other person to occupy, or ride, in that taxicab, except at the specific request of, and originating with, the original passenger or passengers.

N. Unattended taxicabs. It is unlawful for any taxicab to remain unattended at any place other than at a duly designated taxicab stand. It is also unlawful for any taxicab to remain unattended in a designated taxicab stand for a period of time longer than five minutes, except when the Chief of Police grants, in his/her sole discretion upon written request, a temporary waiver which would permit unattended parking in a stand for a long period of time.

O. Deception of passengers. No driver shall deceive or attempt to deceive any passengers who may ride in his/her taxicab as to his/her destination, or the rate of fare to be charged, or cause him/her to be conveyed to a place other than directed by him/her.

P. Manifests. The driver of every taxicab shall keep a separate manifest of every service rendered, which shall include the following information:

1. Location where passengers entered vehicle;

2. Time of entry;

3. Location where passengers were discharged;

4. Number of passengers;

5. Amount of fare collected.

The owner of every such taxicab shall keep said manifests in his/her office files for a period of 90 days after date of service rendered, and the same shall at all convenient times be open to examination by any authorized representative of the City Administrator. The falsifying of any manifest by an owner or by a driver shall be grounds for revocation of the owner's permit.

Q. Hiring of taxicab. The services of a taxicab operating pursuant to any permit granted under the provision of this Code shall be available only upon telephone call, engagement of the taxicab when parked at a regular stand or when hailed from the street, sidewalk or curb, but not otherwise. No taxicab driver, owner or his/her agent shall solicit passengers.

(Ord. 412 § 3, 1993)

A. Replacement of broken or faulty taximeter. Taximeters placed upon taxicabs to replace broken or faulty meters shall under no conditions be operated more than 24 hours prior to being inspected, tested, approved and sealed by an authorized representative of the City Administrator.

B. Conformance to color scheme. All taxicabs must be and conform to the color scheme, insignia or any other distinguishing characteristics approved by the City Council at the same time as the permit was approved.

C. Inspection of taxicabs. To insure continued maintenance of safe operating conditions, taxicabs, their equipment and taximeters, operating or used pursuant to this section shall be inspected semiannually at a garage or garages approved by the City Administrator. The garage or garages shall, after such semiannual inspection, issue a "certificate of safety" certifying that said vehicle, its equipment and taximeter comply with the safety requirements of the Code. The costs of said inspections shall be paid by owner of said vehicle.

D. Authority of police to inspect taxicabs. Police or any member of the Sheriff's Department under his/her direction shall have the right, at any time after displaying proper identification, to enter into or upon any taxicab for the purpose of ascertaining whether or not any of the provisions set forth in this chapter are being violated.

E. Unsafe or unsuitable taxicab. Any taxicab which is found, in the opinion of the City Administrator, to be unsafe or in any way unsuitable for taxicab service shall be immediately ordered out of service.

F. Things deemed to make a taxicab unsafe or unsuitable. For the purpose of this section, the existence of the following named things, but not to the exclusion of other things, shall be deemed to make a taxicab unsafe or unsuitable for taxicab service:

1. Excessive leakage of oil, grease, gas or any other substances from any part of the taxicab;

2. The existence of any defects in the frame of the taxicab;

3. The failure of any movable parts of the car, including doors, windows, hoods, trunk, lights, etc., to function in proper working order;

4. Failure to maintain the tires, lights, turning signals or brakes in good and safe operating condition;

5. Failure to maintain the motor and other mechanical parts of the car in good and safe operating conditions;

6. The failure to have an adequate exhaust system, that complies with State law properly installed and in good working condition;

7. The existence of large or excessive dents or scratches in the body of the taxicab;

8. Improper maintenance of the exterior paint, in the proper color scheme;

9. The existence of excessive wear and tear on the upholstery, floor mats and other parts of the interior of the taxicab;

10. Failure to have adequate interior lighting in proper working condition.

G. Cleaning of interior. The interior of every taxicab shall be thoroughly cleaned at least once every 24 hours.

H. Cleaning of exterior. The exterior of every taxicab shall be thoroughly cleaned at least once every seven days.

(Ord. 412 § 3, 1993)

It is unlawful for the operator of any other vehicle to park in a taxicab or vehicle for hire space or stand.

(Ord. 412 § 3, 1993)

A. Enforcement official. The City Administrator, Police Chief or their designated agents is given the authority and is instructed to watch and observe the conduct of holders and drivers operating under this chapter of the Municipal Code. Upon discovering a violation of any section of this Code, the Police Chief or his/her agents shall report same to the City Administrator and initiate appropriate action.

B. Additional rules and regulations. The City Administrator may in his/her discretion promulgate any rules or regulations pertaining to the operation of taxicabs not inconsistent with this chapter.

C. Penalty. Any violation of this chapter shall be punishable as a misdemeanor as stated in Chapter 1.12.

(Ord. 412 § 3, 1993)