Hemet Municipal Code Art. II Taxicabs

Footnotes:

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Cross reference— Taxistands, parking of taxicabs, § 78-126.

(a) In 1960, the city council enacted Ordinance No. 359, which provided for the permitting and franchising of taxicab service within the city. Since that date, the passage of time has rendered the ordinance ineffective, and the ordinance has not been in force for many years.

(b) The Passenger Charter-Party Carriers' Act, contained at Public Utilities Code § 5351 et seq., regulates businesses providing charter party carrier service. Public Utilities Code § 5353(g) exempts taxicab transportation service if licensed and regulated by the city.

(c) Government Code § 53075.5 provides, in part, that every city or county shall protect the public health, safety and welfare by adopting an ordinance or resolution in regard to taxicab transportation service rendered in vehicles designed to carry not more than eight persons, excluding the driver, operated within the jurisdiction of the city or county. In regard to this provision, the state legislature has specifically found that privately operated taxicab transportation service provides vital transportation links within the state and between the state and the people and economical systems of the nation and the world.

(d) There currently exist two taxi companies within the city, which are operating illegally within the city in that they are neither regulated by local ordinance or public utilities commission regulations.

(e) In view of the lack of regulation of the taxicabs operating within the city, the public utilities commission has ordered the taxi services to cease operation until such time as they either comply with city regulations or the provisions of the Public Utilities Code, which order jeopardizes taxi service in the city.

(f) Therefore, the city council finds that, for the reasons enumerated in this section, and pursuant to Government Code § 36937(b), this article is necessary for the immediate preservation of the public peace, health or safety.

(Ord. No. 1439, § 1, 11-26-91)

(a) No person shall engage in the business of a taxicab transportation service, as defined by Government Code § 53075.5, without first obtaining a permit from the city for the operation of such business, as well as a permit for each vehicle used in such business.

(b) No person shall solicit any passenger for hire in the city in a vehicle unless the vehicle has obtained a permit evidencing that it is authorized to operate as a taxicab transportation service within the city.

(c) No person authorized to operate a taxicab transportation service in the city shall solicit or engage for hire any passenger picked up outside the city unless such taxi is currently regulated by the jurisdiction in which such passenger pickup is made. Such areas outside the city specifically include but are not limited to the following:

(1) Colonial Country Club Mobile Estates, 25115 Kirby, Hemet.

(2) Hemet West Mobile Estates, Florida Avenue, Hemet.

(3) Golden Village RV Resort, on Florida Avenue, Hemet.

(4) The Foothills of Hemet, on Kirby north of Eden, Hemet.

(5) Heather Estates, on Menlo east of Lyon, Hemet.

(6) Royal Holiday Mobile Park, on Florida Avenue, Hemet.

(7) Downtown Estates, on Menlo east of Palm, Hemet.

(8) Menlo Manor, on Palm south of Menlo, Hemet.

(9) Americana Mobile Home Estates, between State Street and Palm Avenue, Hemet.

Violation of this subsection shall result in the immediate suspension of the driver's permit until such time as such permit is either reinstated or revoked.

(Ord. No. 1439, § 2, 11-26-91)

An application for a permit required by this article shall be filed with the chief of police, accompanied by the currently required processing fee, and shall contain the following information:

(1) The name, date of birth, driver's license number, and business and residence address of the applicant, if a natural person; or, if a corporation, its name, the date and place of incorporation, and the address of its principal officers, together with their respective residence addresses; or the names of the partners or of the persons comprising such association or company, and the business and residence of each partner or person.

(2) A description of each taxi or other vehicle proposed to be used by the applicant, together with engine identification number and state vehicle license number thereon.

(3) The name, date of birth, address and driver's license number of all taxicab operators employed by the applicant.

(4) The driving record of each operator, current within the last two months.

(5) A list of all criminal convictions, which shall be confirmed by a statement from the department of justice issued within the last two months.

(6) Such other identification and information as the chief of police deems necessary to carry out the purposes of this article.

(Ord. No. 1439, § 2, 11-26-91)

(a) The chief of police or his authorized representative may deny an application for a permit under this article for any of the following grounds:

(1) The application does not comply with the provisions or requirements of this article.

(2) The applicant or operator is unfit to be trusted with the privileges granted by such permit, by reason of a conviction of a crime involving moral turpitude, intemperate habits or an unacceptable record.

(3) The applicant or operator is a person under the age of 18 years.

(b) The chief of police or his authorized representative shall notify the applicant of his intention to deny an application for a permit. Service of such notice shall be made personally or by United States mail. The notice shall include the reasons for denial.

(Ord. No. 1439, § 2, 11-26-91)

The application for a permit to operate a taxicab business shall state the make and type of taximeter intended to be installed on each taxicab for which such application is made. At the time of application, a certificate shall be submitted for each taximeter, from the county department of weights and measures, issued within the last 60 days, stating that such taximeter is accurate within the standards established by such department.

(Ord. No. 1439, § 2, 11-26-91)

The application for a permit to operate a taxicab business shall contain, for each vehicle, a certificate from an authorized factory repair facility for the make of vehicle, issued within the last 60 days, stating that the lights, brakes, turn signals, horn and steering are in safe condition. Each taxi shall also have a valid smog certificate which has been issued in the last 60 days.

(Ord. No. 1439, § 2, 11-26-91)

(a) Upon receipt of the application for a taxicab transportation service permit for the operation of a taxicab business, the chief of police shall have a reasonable time to investigate the application and the background of the applicant. The chief of police shall grant the permit if he finds that:

(1) The application conforms in all respects with the provisions of this article.

(2) The applicant and any officers of the applicant are of good moral character and are likely to provide taxicab services in a satisfactory manner. In making such determination, the chief of police shall consider whether any person:

a. Has previously provided satisfactory taxi services.

b. Has committed any act which would be grounds for the revocation of a permit issued pursuant to this article.

c. Has knowingly made a false statement of fact in such application.

(3) The business location is in compliance with all applicable zoning ordinances of the city.

(b) In the event of denial, the applicant shall be informed in writing of the reasons therefor.

(c) All drivers are to provide picture identification.

(Ord. No. 1439, § 2, 11-26-91)

The name of the holder of the permit under this article or the trade name under which he does business shall be printed on the outside of each front door or on the rear door of every vehicle operated in the city, if approved by the chief of police.

(Ord. No. 1439, § 3, 11-26-91)

If any vehicle engaged in taxicab transportation service is for any reason disqualified under the terms and provisions of this article from operating as such, all such signs or equipment provided by this article, and any other device or insignia indication that such vehicle is qualified for operation as a vehicle for hire, including but not limited to cruising lights, shall be removed immediately from such vehicle, and any person failing to remove such signs and equipment after disqualification shall be guilty of a misdemeanor, punishable as provided in section 1-8.

(Ord. No. 1439, § 3, 11-26-91)

The person, or the employer of a person, responsible for any charge other than that authorized by this article shall be required to make restitution jointly and severally to any overcharged patron for the amount of the overcharge.

(Ord. No. 1439, § 3, 11-26-91)

No driver shall solicit passengers for a taxicab except when seated in the driver's compartment of such cab, or while standing immediately adjacent to the curbside thereof. No taxicab driver or other person shall solicit patronage in the terminal of any common carrier, or in the street within 100 feet of such terminal, or at any regular pickup point of any other common carrier without written permission from the person operating such terminal or from such common carrier. No fixed taxicab stands shall be allowed upon the streets of the city.

(Ord. No. 1439, § 3, 11-26-91)

It shall be unlawful for any driver of a taxicab knowingly to transport any passenger to the abode of a prostitute, or knowingly to transport any criminal, narcotic peddler, prostitute or bootlegger in the commission of a crime or infraction of the law in any manner, or to act in any manner as a panderer for prostitutes or a contact for unlawful establishments of any character.

(Ord. No. 1439, § 3, 11-26-91)

No passenger shall be carried in any taxicab unless the taximeter is in operation. This section shall apply regardless of whether a taxicab is engaged for a trip entirely within the boundaries of the city or partially outside thereof, and the meter shall be kept operating continuously during the entire time that it is engaged in the transportation of passengers, regardless of the point of destination.

(Ord. No. 1439, § 3, 11-26-91)

A taximeter shall be placed in each taxicab so that the reading dial showing the amount to be charged is well-lighted and readily discernible to the passenger riding in any such taxicab.

(Ord. No. 1439, § 3, 11-26-91)

No driver of a taxicab, while carrying passengers, shall display the flag attached to the taximeter in such position as to denote that such vehicle is not employed, or fail to throw the flag of the taximeter to a position indicating that the vehicle is unemployed at the termination of each and every service.

(Ord. No. 1439, § 3, 11-26-91)

All charges for taxicab service shall be calculated and indicated by the taximeter, and, at all times while the taxicab is engaged, the flag of the taximeter shall be thrown into a position to register the charges. No taximeter shall be so operated as to cause any charge to be registered thereon except during the time when the taxicab is engaged by a passenger.

(Ord. No. 1439, § 3, 11-26-91)

All charges for transportation of passengers in taxicabs operated in the city must be indicated on the taximeter installed in the taxicab, and it shall be unlawful for any owner or driver of any taxicab to charge any passenger any sum in excess of the sum indicated on the taximeter.

(Ord. No. 1439, § 3, 11-26-91)

Every taxicab shall have conspicuously displayed in full view of the passenger a card not less than two inches by four inches in size, which shall have stated thereon the name of the owner, or the fictitious firm name under which the owner operates, together with the business address and telephone number of the business, and the owner's identifying number of such vehicle, and also the rates of fare to be charged for the use of such vehicle. Any driver of a taxicab shall give the number of his vehicle on the inquiry of any person.

(Ord. No. 1439, § 3, 11-26-91)

If any taxicab or vehicle for hire shall, while under employment, become disabled or break down without fault of the passenger, the time of stoppage shall be deducted from the charge made.

(Ord. No. 1439, § 3, 11-26-91)

On top of every taxicab there shall be an electric light sign or top light, which shall be illuminated when the taximeter flag is in the "vacant" or nonearning position, so that persons desiring taxicab service may be informed of the availability of the taxicab for hire.

(Ord. No. 1439, § 3, 11-26-91)

(a) Before a permit shall be issued under this article by the chief of police, the applicant shall deliver to the chief of police a policy of insurance executed by a company duly authorized under the laws of the state to engage in the insurance business. By the provisions of such policy, the insurance company shall promise and undertake to pay in full all claims for damages to persons or property resulting from the operation of the vehicles described in the application for such permit. The minimum amounts for which liability shall be assumed shall be as follows:

(1) For the injury or death of one person in any one accident, $750,000.00.

(2) For the injury or death of more than one person in any accident, $750,000.00.

(3) For the injury to or destruction of property in any one accident, $750,000.00.

(b) The operator of a taxicab transportation service shall provide to the city, in a form acceptable to the city attorney, an insurance certificate naming the city as an additional insured. Such certificate shall provide that the city shall be provided with a notice of cancellation or change of terms of the policy not less than 30 days before such change takes affect.

(Ord. No. 1439, § 4, 11-26-91)

Any charge made or sought to be made to any patron of a vehicle for hire in excess of the charges authorized pursuant to this article for a particular type of service rendered or sought, when shown either by confession of the party or competent testimony, or failure on the part of any driver or operator of any vehicle for hire to make proper returns to his employer, shall result in immediate suspension of the driver's permit until such time as such permit is either reinstated or revoked.

(Ord. No. 1439, § 4, 11-26-91)

Pursuant to Government Code § 53075.5(b)(2), the maximum rate which may be charged for taxicab service shall be set from time to time by resolution of the city council.

(Ord. No. 1439, § 4, 11-26-91)

Pursuant to Government Code § 53075.5(c), the city council may provide for service charges, fees or assessments, in an amount sufficient to pay for the cost of carrying out the provisions of this article, by resolution of the city council.

(Ord. No. 1439, § 4, 11-26-91)