Healdsburg Municipal Code Art. I General Provisions

The purpose of this chapter is to create a permitting process for operators and drivers engaged in providing taxicabs and other vehicles for hire within the City of Healdsburg and for regulating the terms and conditions under which such services can be provided.

(Ord. 1083 § 2, 2009)

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A.

"Certificate"

means a certificate of public convenience and necessity issued by the City Council.

B.

"City"

means the City of Healdsburg, California.

C.

"Driver"

means every individual who operates any taxicab or vehicle for hire as an employee of an operator, independently owns the taxicab or vehicle for hire and operates under the auspices of such operator, or has independently contracted with such operator to operate the taxicab or vehicle for hire pursuant to a lease, license or any other form of agreement.

D.

"Hearing officer"

means the City Manager or his or her designee.

E.

"Motor vehicle"

means every motor vehicle used for public hire propelled by mechanically produced power and intended for use on public streets and highways, except street cars, trains and motor buses.

F.

"Operator"

means any entity engaged in the business of providing vehicles for the purpose of carrying passengers in a taxicab or other vehicle for hire, whether comprised of an individual, group of individuals, partnership, limited partnership, joint venture, corporation or any other organizational structure.

G.

"Taxicab"

means a motor vehicle which is designed for carrying not more than eight passengers, excluding the driver, which is used in the transportation of passengers over the public streets of the City and operated at rates per mile, per destination or per mile and destination, irrespective of whether the operations extend beyond the limits of the City, and which is made available for hire on call or demand, at taxi stands or by telephone.

H.

"Taximeter"

means a mechanical or electronic instrument or device by which the charge for hire of a taxicab is mechanically or electronically calculated based on rates established by the City Council, either for distance traveled, for waiting time, or both, and upon which the charges are plainly registered by means of figures indicating dollars and cents.

I.

"Taxi stand"

means a designated place on public property or streets approved by the City as a place where taxicabs may park and wait for hire.

J.

"Vehicle for hire"

means any motor or electric vehicle which is offered to the public for a fee with the services of a driver, which is used for the transportation of passengers over the public streets of the City, irrespective of whether such operations extend beyond the boundary limits of the City, at rates per distance, per trip, per hour, per day, per week, or per month, and where the route is under the control of the persons hiring the same. "Vehicle for hire" shall not include a charter-party carrier of passengers within the meaning of the Passenger Charter-Party Carriers' Act, Article 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code. "Vehicle for hire" includes taxicabs.

(Ord. 1083 § 2, 2009)

No person shall engage in the business of operating any taxicab business within the City without first having obtained a certificate of public convenience and necessity ("certificate") from the City Council and an operator's permit based on the criteria set forth in HMC § 5.16.230.

(Ord. 1083 § 2, 2009)

A. All taxicabs authorized to operate within the City shall be properly licensed with the California Department of Motor Vehicles, and shall further comply with all state and local laws and regulations relating to the licensing and commercial operation of taxicabs. All taxicabs shall be registered under the firm name or the name of the individual holding the operator's permit.

B. No vehicle used or intended to be used in taxicab service in the City shall be rented to any operator or driver unless such operator or driver has obtained the appropriate permit(s) pursuant to this chapter.

(Ord. 1083 § 2, 2009)

A. All taxicab operators authorized to operate within the City shall indemnify the City from all damages, claims, liabilities, costs, and other expense resulting from and arising out of their taxicab operations.

B. It shall be unlawful to drive or operate any taxicab in the City unless the operator possesses current, valid commercial general liability and vehicle liability in amounts and with conditions acceptable to the City and evidenced through certificates of insurance filed with the City Clerk.

C. The operator's insurance shall remain in full force, at a level be at least equal to the minimum requirements of the City, or the operator's permit shall be automatically suspended until such time as full compliance with the requirements of this section are demonstrated to the City's satisfaction.

(Ord. 1083 § 2, 2009)

A. The City Council may set by resolution the maximum rates to be charged per flag drop, per mile and per minute of waiting time or traffic delay time. In the event such a resolution is adopted, it shall be unlawful for the taxicab operator or driver to fix or charge or collect or receive a rate in excess of the rates established and set by resolution of the City Council. Any charge or rate in excess of the rate set by resolution of the City Council shall be cause for revocation of said operator's permit.

B. The City Council, upon its own motion or upon application of an operator's permit holder, may set, establish, change, modify or amend the schedule of rates to be charged by all vehicles operated by each holder of an operator's permit under the provisions of this chapter. No rates shall be set, established, changed, modified or amended without a public hearing before the City Council. Notice of such hearing shall be given to each operator's permit holder, in writing, by the City Clerk at least five days before such hearing, and the City Council may give such other notice as it shall deem necessary.

C. Fares shall be conspicuously displayed in the passenger compartment of each taxicab where they are readily visible and readable by passengers in front and rear seats.

D. The taxicab rate or fare shall be determined by a taximeter in accordance with the schedule established by the City Council.

(Ord. 1083 § 2, 2009)

No person shall fail or refuse to pay the regular fare for a taxicab ride at its conclusion or termination of service after employing or hiring the taxicab for the ride.

(Ord. 1083 § 2, 2009)

No operator or driver shall operate, permit to be operated, or cause to be operated any vehicle for hire while the same or any of the equipment used thereon or therewith is in a defective, unsafe or unsanitary condition, as determined by the chief of police or his or her designee.

(Ord. 1083 § 2, 2009)

Every taxicab operated in the City shall have displayed on each side and the rear of the vehicle the taxicab business name as it appears on the operator's permit, together with the operator's identification number and the telephone number of the taxicab business. The lettering of the signs and all signs to be displayed on any taxicab shall be approved by the chief of police.

(Ord. 1083 § 2, 2009)

Every taxicab shall be equipped with a "For Hire" light attached to the top of the roof or to the top of the dome light. The light of the "For Hire" light unit shall be connected to a contact switch attached to the taximeter, and such contact switch shall operate automatically to illuminate the "For Hire" light when the taximeter is not in operation, indicating the cab is vacant and for hire, and to extinguish such light when the taximeter is in operation. No person shall drive or operate any taxicab with such a light illuminated while carrying passengers for compensation, or drive or operate any taxicab unless such a light is illuminated when such taxicab is for hire.

(Ord. 1083 § 2, 2009)

Every vehicle for hire shall at all times be equipped with a light of not less than two candlepower within such vehicle, so arranged as to illuminate the entire passenger compartment, which light shall be kept lighted at all times while any passengers are being loaded into or unloaded from any such vehicle 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 such vehicle while the same is occupied.

(Ord. 1083 § 2, 2009)

A. All taxicabs shall submit to an annual inspection as required by the police department. All taxicabs shall possess all of the equipment listed on the Healdsburg police department taxicab safety inspection checklist, and all such equipment shall be in good working order and repair. The chief of police shall establish the standard for good working order.

B. The chief of police, or any police officer, shall have the right and shall be permitted at any time to inspect any taxicab to ascertain whether the provisions of this chapter are being met. During an inspection, the driver of the taxicab must produce for inspection the following documents:

1. Valid California vehicle registration;

2. Valid proof of insurance document; and

3. Valid California driver's license.

C. The City Council shall establish a taxicab safety inspection fee that shall be due annually upon inspection.

D. Any taxicab that fails any safety inspection shall be given an opportunity to make repairs or correct defects and be re-inspected. Any such taxicab failing an inspection shall be removed from service until the repairs are made, defects corrected, and the vehicle has been re-inspected and passes such re-inspection. A safety inspection is "failed" if any police officer or mechanic determines the vehicle is not in compliance with the provisions of this chapter or any required inspection program established by the police department, or if the taxicab is in a defective, unsafe, or unsanitary condition as determined by the police chief or his or her designee.

E. The Healdsburg police department will provide the operator a copy of the taxicab safety inspection checklist at time of application.

(Ord. 1083 § 2, 2009)

A. The City Council may, by resolution, locate and designate taxicab stands on any public street in the City, and the taxicab stands shall be appropriately designated "Taxis Only."

B. Taxicab stands so established shall be in operation 24 hours of every day.

(Ord. 1083 § 2, 2009)

A. No taxicab shall be allowed to remain standing on a public street or in a public place unless it is attended by a driver, except when the driver is assisting passengers to load or unload, is answering his telephone or displays a sign reading "Not for Hire."

B. No operator, driver or operator of any taxicab shall allow such taxicab to remain parked, while awaiting employment, except in a designated taxicab stand.

(Ord. 1083 § 2, 2009)

No taxicab driver, or person acting on behalf of any such driver, shall solicit passengers except from a designated taxicab stand.

(Ord. 1083 § 2, 2009)

A. No driver, or any person acting on behalf of any such driver, shall engage in any disorderly or inappropriate conduct while in the performance of his or her duties as a taxicab driver, including, but not limited to, obstruction of any street or sidewalk, making of loud or unusual noises to attract the attention of potential customers, use of indecent, profane, or obscene language, boisterous or loud talking that might disturb the peace and quiet of others in the area, harassment of passersby, interference with, obstruction of, or impedance of the free passage of potential passengers, or seizing or grabbing any baggage carried by or belonging to potential passengers prior to being hired to provide transportation.

B. No taxicab driver shall smoke or permit any smoking to occur within any taxicab at any time. "No smoking" signs shall be prominently displayed in every taxicab.

C. No taxicab driver shall refuse to carry any person seeking transportation and tendering the fare for the service to any place within the City unless the vehicle is already in service, the person seeking transportation is unruly, boisterous, or intoxicated, or the person seeking transportation is known to the driver to have been unruly or created problems of a confrontational nature in the past.

D. The chief of police or his or her designee shall be responsible for maintaining files of and investigating complaints regarding taxicab service and shall initiate appropriate action against taxicab drivers and operators when a complaint or complaints warrant such action based on the written criteria adopted pursuant to HMC § 5.16.205.

(Ord. 1083 § 2, 2009)

The driver of a taxicab authorized to operate in any other municipality or military installation outside the City may transport passengers from outside the City to a destination within the City; however, it shall be unlawful for any such driver to seek or accept passengers from within the City, including any passengers previously dropped at a location within the City by such outside taxicab.

(Ord. 1083 § 2, 2009)

A. The driver of each taxicab shall keep a separate trip sheet of every service rendered by the driver, and shall include the following information: (1) the location where the passenger(s) entered the taxicab; (2) the number of passengers; (3) the time the passengers entered the taxicab; (4) the location where the passengers were discharged; and (5) the amount of fare collected.

B. The operator of every taxicab shall keep such trip sheets in the business office for a period of one year after the date service is rendered, and the trip sheets shall be open and available for inspection by any representative of the chief of police at all times during business hours. The falsification of any trip sheet by any operator or driver shall be grounds for revocation of his or her permit.

(Ord. 1083 § 2, 2009)

A. The operator of every taxicab business shall keep a dispatch sheet which shows the time of dispatch of every taxicab.

B. Every operator, including self-employed drivers, shall keep and maintain a complete and accurate record of all drivers, which record shall show for each employee their name, address, date of hire, date of termination, the number of the taxicab operated by the driver, the hours of employment for each driver, a list of absences from employment, and all motor vehicle violations, all traffic accidents, all complaints received from passengers or others, and the test results from controlled substance and alcohol testing. These records shall be subject to inspection by the chief of police or his or her designee at any time upon demand, and shall not be destroyed without the written permission of the chief of police.

(Ord. 1083 § 2, 2009)

Every operator and driver shall attempt to return property found in taxicabs to the owner. If the operator or driver is unable to locate the owner of the property, the taxicab driver shall deliver the property to the police department within 24 hours. Every operator shall keep a log of all found property.

(Ord. 1083 § 2, 2009)

No driver of any taxicab shall refuse to carry any persons seeking transportation and tendering fare for the service to any place within the City unless the vehicle is already in service, the person seeking transportation is known to the driver to have been unruly or created problems of a confrontational nature in the past.

(Ord. 1083 § 2, 2009)

A. The chief of police or his or her designee shall be responsible for maintaining files of and investigating complaints regarding taxicab service and shall initiate appropriate action against taxicab drivers and operators when a complaint or complaints warrant such action.

B. The chief of police shall adopt criteria establishing the type of information that, when contained in a complaint, is sufficient to warrant an investigation pursuant to Government Code Section 53075.7 to investigate complaints of unauthorized taxicab operations. These operating procedures shall be in writing and may be revised from time to time by the chief of police.

(Ord. 1083 § 2, 2009)