Hesperia Municipal Code Ch. 5.36 Taxicabs

Footnotes:

--- (9) ---

Editor's note— Ord. No. 2019-10, § 3(Exh. A), adopted August 20, 2019, amended ch. 5.36 in its entirety to read as herein set out. Former ch. 5.36, §§ 5.36.020—5.36.070, pertained to similar subject matter, and derived from Ord. 197 Exh. A (SBCC § 41.0132(b)—(g)), 1994; Ord. 250 Exh. A (part), 1998.

This chapter shall not apply to public transportation services being performed pursuant to a contract or franchise with the city or any other public entity in this state.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

It is unlawful for any person to engage in the business of operating or causing to be operated any taxicab service within the city, without having a license to do so under the provisions of this chapter.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

Any person desiring to obtain a license to operate a taxicab service under this chapter shall submit a written application pursuant to Section 5.04.040 to the city. In addition to the information required by Section 5.04.040, the following information shall be provided:

A. The number of vehicles to be operated under the permit;

B. The make, type, year, manufacturer, vehicle license number, and passenger seating of the vehicles to be used by the applicant;

C. The proposed color scheme, insignia or other distinguishable characteristics of the taxicab to be used, including the type of illuminated sign to be mounted on the top of the vehicle and legend thereon;

D. Legal and registered ownership of the vehicles to be used by the applicant. It shall be the licensee's responsibility to notify the city of any changes in vehicles registered to their license;

E. Prior experience of the applicant and each driver in the taxicab business, including any prior denial, revocation or suspension by any public agency of any taxicab service or taxicab driving permit, license or certificate for a period of five years prior to application;

F. A valid LiveScan clearance issued by the Department of Justice (DOJ) prepared within the last thirty (30) days.

G. Written evidence satisfactory to the city that each driver employed by the applicant has complied, and currently complies, with the provisions of California Government Code Section 53075.5(b)(3), or any successor provision thereto, pertaining to pre-employment and periodic testing of drivers for controlled substances and alcohol, and with provisions therein pertaining to payment for drug and alcohol testing programs and related reporting requirements.

H. This program shall include, but not be limited to:

1. Drivers shall test negative for each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, before employment. Drivers shall test negative for these controlled substances and for alcohol as a condition of permit renewal or, if no periodic permit renewals are required, at such other times as the city shall designate. As used in this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.

2. Procedures shall be substantially as in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, except that the driver shall show a valid California driver's license at the time and place of testing, and except as provided otherwise in this section. Requirements for rehabilitation and for return-to-duty and follow-up testing and other requirements, except as provided otherwise in this section, shall be substantially as in Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations.

3. A test in one jurisdiction shall be accepted as meeting the same requirement in any other jurisdiction. Any negative test result shall be accepted for one year as meeting a requirement for periodic permit renewal testing or any other periodic testing in that jurisdiction or any other jurisdiction, if the driver has not tested positive subsequent to a negative result. However, an earlier negative result shall not be accepted as meeting the pre-employment testing requirement for any subsequent employment, or any testing requirements under the program other than periodic testing.

4. In the case of a self-employed independent driver, the test results shall be reported directly to the city, which shall notify the taxicab leasing company of record, if any, of positive results. In all other cases, the results shall be reported directly to the employing transportation operator, who may be required to notify the city of positive results.

5. All test results are confidential and shall not be released without the consent of the driver, except as authorized or required by law.

6. Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of, this program with regard to themselves. Employing transportation operators shall be responsible for compliance with, and shall pay all costs of, this program with respect to their employees and potential employees, except that an operator may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and follow-up testing.

7. Upon the request of a driver applying for a permit, the city shall give the driver a list of the consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations that the city knows offer tests in or near the jurisdiction.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)

A. Upon receipt of a complaint containing sufficient information to warrant conducting an investigation, the city shall investigate any business that advertises or operates taxicab transportation service for hire. Pursuant to this investigation, the city shall do all of the following:

B. Determine which businesses, if any, are required to have in effect a valid taxicab certificate, license, or permit as required by ordinance, but do not have that valid authority to operate.

C. Inform any business not having valid authority to operate that it is in violation of law.

D. Investigate whether the business has committed or is committing any violations of this code, or any other state or federal code, which they are required to follow.

E. Within sixty (60) days of informing the business pursuant to paragraph (b), institute civil or criminal proceedings, or both, pursuant to the Hesperia Municipal Code.

(Ord. No. 2019-10, § 3(Exh. A), 8-20-19)