Huntington Beach Municipal Code Ch. 5.48 Taxicabs—vehicles for Hire

Note: Ord. 3377-12/97 amended Ch. 5.48, derived from Ord. Nos. 1368-12/67, 1882-1/74, 2032-2/76, 2088-8/76, 2140-1/77, 2288-8/78, 2633-8/83, 3043-7/90 and 3161-8/92.

For the purpose of this chapter, the words and phrases herein defined shall be construed in accordance with the following definitions:

"City"

means the City of Huntington Beach.

"City authorization"

means City authorization to operate a taxicab business in the City.

"City regulations"

means the current administrative regulations established by the City Manager or designee.

"Driver"

means a person who drives a taxicab and who has a valid City-issued driver permit.

"Driver's permit"

means a valid permit issued by the City authorizing a person to drive or control the movements of a taxicab.

"Exclusive ride"

means one or more passengers hiring a driver for a ride to a specified destination. As part of an exclusive ride, the passenger may direct the driver to pick up additional passengers en route to a destination and incur the additional metered time and/or distance that would be required.

"Operate a taxicab"

means to drive a taxicab and either solicit or pick up passengers for hire in the City.

"Owner"

means the registered owner or lessor of a taxicab.

"Person"

includes natural person, firm, association, organization, partnership, business, trust, corporation, or public entity.

"Prearranged trip"

means a trip using an online enabled application, dispatch, or Internet website. A taxicab company may provide prearranged trips anywhere within the County in which it has obtained a taxicab company permit.

"Substantially located"

means the primary business address of the taxicab company or driver is located, and the City within Orange County which accounts for the largest share of that company or driver's total number of trips within Orange County over the past year and determined every year thereafter.

"Taxicab"

means a vehicle operated within the jurisdiction of the City, capable of carrying not more than eight persons, excluding the driver, and used to carry passengers for hire. The term shall exclude a vehicle operating as a Charter Party Carrier licensed as such by any State agency, including the Public Utilities Commission, or any other vehicle having a Certificate of Public Convenience and Necessity issued by any State agency, including the Public Utilities Commission.

"Taxicab company"

means a passenger-for-hire business either based in the City or elsewhere whose business activity includes picking up any passengers in the City by on-demand requests, a radio dispatched service, or referral which results in charging the passenger by metered time and/or distance to a destination identified by the hiring passenger for an exclusive ride. Such taxi services are a business that is required to be permitted under this chapter. Taxi services which have picked up passengers outside of the City and delivered the passengers to a location within the City are excluded from the permitting requirements under this chapter.

"Taxicab company permit"

means a valid permit issued by the City authorizing a company to operate a taxicab business.

"Taxicab vehicle permit"

means a valid permit issued by the City authorizing a particular vehicle to be operated as a taxicab.

(3377-12/97, 4178-5/19, 4248-1/22)

The City Manager or designee shall establish administrative regulations that have the same force and effect as this section which shall be published on the City's website and also available for the public in the Clerk, Police, Finance and City Manager's Offices.

(4248-1/22)

A. No person shall only operate a taxicab in the City without a City issued taxicab company permit.

B. Only an owner authorized by the City may operate its taxicab(s) in the City.

(3377-12/97, 4178-5/19, 4248-1/22)

No person shall operate a taxicab in the City without a City issued driver's permit. No owner shall permit a person to operate the owner's taxicab unless the person possesses a City-issued driver's permit.

A. The driver's permit must be displayed in the passenger side area of the dashboard, easily viewable from inside or outside of the vehicle.

B. The driver permit must be attached in a way that makes it removable by the driver to provide to law enforcement, code enforcement officers, or City staff, when requested.

C. The driver's California driver's license number on the driver permit may be covered by a removable label, if desired. No other alterations, covered, or hidden information to the City driver's permit is allowed.

(3377-12/97, 4178-5/19, 4248-1/22)

A. No person shall operate a taxicab unless his or her vehicle displays a City-issued taxicab vehicle permit.

B. No owner shall permit his or her taxicab to be operated in the City unless the taxicab displays a taxicab vehicle permit.

C. At all times while providing taxi service, the taxicab vehicle permit must be displayed in the passenger-side corner of the rear window of the taxicab for which the taxicab vehicle permit is issued.

(3377-12/97, 4178-5/19, 4248-1/22)

No person shall operate a taxicab company in the City without a City issued taxicab company permit.

(3377-12/97, 4178-5/19, 4248-1/22)

Applications for a driver permit, taxicab vehicle permit or taxicab company permit shall be made to the City of Huntington Beach, upon a form provided by the City and shall be accompanied by all information required, including proof of insurance, and shall indemnify and hold harmless the City for any damages resulting from taxicab operation and an application fee sufficient to cover the administrative costs of processing said application as established by the City.

A. All applicants must submit to, and participate in, a background check by the City. No taxicab driver permits will be issued if the background check reveals any of the following:

1. One or more DUI convictions within the last 10 years; or

2. One or more convictions of crimes related to the manufacture, use, sale, possession, or transportation of controlled substances; or

3. One or more convictions of reckless driving; or

4. The applicant has been convicted of any felony, or conspiracy to commit, or attempt to commit, the same, as defined by Federal or State law; or

5. The applicant has been convicted of any misdemeanor, or conspiracy to commit, or attempt to commit, the same, which is sexual in nature, as defined by State and/or local law; or

6. The applicant has been convicted of any crime of moral turpitude, or conspiracy to commit, or attempt to commit, the same, as defined by State and/or local law.

(3377-12/97, 4178-5/19, 4248-1/22)

A taxicab operated under the authority of this chapter shall be equipped according to the City regulations.

(3377-12/97, 4178-5/19, 4248-1/22)

Pursuant to Government Code Section 53075.52 beginning January 1, 2019, all taxicab companies and drivers shall collect data to determine which jurisdiction each company and driver are substantially located. Beginning January 1, 2019, data for prearranged and non-prearranged trips collected in the previous 12 months shall be provided upon the date of renewal to the City of any taxicab company.

(4178-5/19)

Any taxicab company or driver who changes from being substantially located in another jurisdiction to be substantially located in the City shall provide the City with six months' notice prior to making that change.

(4178-5/19)

A taxicab operated under the authority of this chapter shall be maintained according to the OCTAP regulations.

(3377-12/97, 4178-5/19)

A. A driver shall only carry a passenger to his or her destination by the most direct and accessible route.

B. A taxicab shall have all permits issued by the City conspicuously displayed according to the standards established by the City.

C. A taxicab shall have the following information continuously posted in a prominent location in the taxicab passenger's compartment according to the standards established by the City:

1. A schedule of rates and charges for the hire of said taxicab;

2. The driver's name and address;

3. The owner's name, address and telephone number;

4. The taxicab identification number;

5. The driver's permit issued pursuant to this chapter;

6. The taxicab vehicle permit issued pursuant to this chapter; and

7. Any other information required by the City.

D. A driver shall give a receipt for the amount charged upon the request of the person paying the fare.

E. A taxicab shall only be operated if the passenger compartment is kept in a clean and sanitary condition.

F. A driver shall not leave his or her taxicab to solicit passengers.

G. The name or trade name of the owner and the number by which the taxicab is designated shall be printed, stamped or stenciled conspicuously on the outside of each taxicab according to the standards established by the City and adopted by separate resolution of the City Council.

(3377-12/97, 4178-5/19, 4248-1/22)

No driver shall charge fares and charges higher than those established by the City.

(3377-12/97, 4178-5/19, 4248-1/22)

The requirements of this chapter are separate and independent from the business licensing and any other provisions under this Code.

(3377-12/97, 4178-5/19)

A. The City intends to secure compliance with the provisions of this chapter by any of the following alternate, separate and distinct methods. Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations. Each day a violation exists constitutes a separate offense.

B. Notwithstanding any other provision of this chapter, each violation of the provisions of this chapter may be enforced alternatively as follows:

1. Infraction. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter may be prosecuted for an infraction. Written citations for infractions may be issued by police officers. Any person convicted of an infraction under the provisions of this chapter shall be punished either by fines as specified in the currently adopted Uniform Infraction Bail Schedule used by the Orange County Municipal Courts, or, where no fine is specified therein, by:

a. A fine not exceeding $100.00 for a first violation;

b. A fine not exceeding $200.00 for a second violation within one year;

c. A fine not exceeding $500.00 for each additional violation within one year.

2. Misdemeanor. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter may be prosecuted for a misdemeanor. Any person convicted of a misdemeanor under the provisions of this chapter shall be punished by a fine not exceeding $1,000.00 or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment.

3. Civil Action. The City Attorney by and at the request of the City Council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this chapter, as provided by law.

4. Administrative Hearing.

a. Upon a finding by the City official vested with the authority to enforce the various provisions of this chapter that a violation exists, he or she may notify the person(s) deemed responsible for said violation(s) that a public hearing shall be held before the City Council to hear and determine the existence of said violation(s) and the anticipated compliance necessary, i.e., abatement or other action required.

b. Said notification shall be in writing setting forth the alleged violation(s) and the anticipated action sought, and shall be given not later than 10 days prior to the scheduled date of the hearing.

c. The City Council may preside over the hearing or, in the alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence and to submit to the City Council findings and recommendations to be considered by the City Council.

d. The City Council shall render its decision within 45 days from the date of the hearing or, in the event that a hearing officer has been appointed, within 45 days from the date on which the City Council receives the findings and recommendations of the hearing officer. The decision of the City Council shall be final and enforceable as provided by law.

(3377-12/97, 4178-5/19)

A. The City may revoke any permit granted pursuant to this chapter on the grounds that the permit holder has failed to comply with the permit conditions or other requirements of this chapter.

B. In the event that the permit of any person is revoked by the City, such person shall not be granted a permit to operate a taxicab business for a period of one year after such revocation.

(4248-1/22)