Indio Municipal Code Ch. 118 Taxicabs and Vehicles for Hire

[1961 Code, § 21.1; Ord. 271; Ord. 1016]

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DRIVER

Every person in charge of or operating, any taxicab, as herein defined, either as agent, employee or otherwise under the direction of the owner, or as owner, as herein defined.

OWNER

Every person having use or control of any taxicab as herein defined, whether as owner, lessee or otherwise.

STAND

A place designated for the use, while awaiting employment, of the particular motor-propelled passenger-carrying vehicles authorized to utilize the same.

STREET

Any place commonly used for the purpose of public travel.

TAXICAB

Every automobile or motor-propelled vehicle operated at rates per mile, or for wait-time, or for both, and equipped with a taximeter, used for the transportation of passengers for hire over the public streets of the city and not over a defined route and irrespective of whether the operations extend beyond the boundary limits of the city, and when such vehicle is routed as to destination under the direction of such passenger or passengers, or of such persons hiring the same.

TAXIMETER

Any mechanical instrument, appliance, device or machine by which the charge for hire of a calculated, either for distance traveled or time consumed, or both, and upon such instrument, appliance, device or machine such charge is indicated by figures.

[1961 Code, § 21.2; Ord. 271]

All public passenger vehicles for hire shall be under the supervision and control of the Chief of Police, and the Chief of Police shall not permit any driver to operate any vehicle in the city, while same or any equipment used thereon, or therewith, shall be in an unsafe, defective or unsanitary condition, and every vehicle shall be at all times subject to the inspection of any police officer of the city.

[1961 Code, § 21.3; Ord. 271; Ord. 1016]

It shall be unlawful for any owner or operator to drive or operate a taxicab or cause the same to be driven or operated in the city, and no license for the operation thereof shall be granted unless there is on file with the City Clerk and in full force and effect at all times while such taxicab is being operated, a policy of insurance approved by the City Attorney, with a solvent and responsible company authorized to do business in the state, insuring the owner of such taxicab (giving the manufacture number and state license number) against loss by reason of injury or damage that may result to persons or property from the negligent or defective construction of such taxicab, or for any other cause.

[1961 Code, § 21.4; Ord. 271; Ord. 469; Ord. 986]

The policy of insurance required by § 118.03 shall guarantee the payment to any and all persons suffering injury or damage to person or property, of any final judgment rendered against such owner or driver, within the limits mentioned in this section irrespective of the financial condition or any acts or omissions of such owner or driver, and shall enure to the benefit of such persons. Such policy shall be in the amount of $1,000,000 combined single limit.

[1961 Code, § 21.5; Ord. 271]

If, at any time, such policy of insurance is canceled by the company issuing the same, or the authority of the company to do business in the state shall be revoked, the City Clerk shall require the owner to replace such policy with another policy satisfactory to the City Attorney and in default thereof the owner's license to operate shall be revoked.

[1961 Code, § 21.11; Ord. 271; Ord. 1016]

It shall be unlawful for a taxicab, while awaiting employment, to stand on any street or place other than upon a designated stand, nor shall any operator of a taxicab, while awaiting employment, drive so as to interfere with vehicular traffic.

[1961 Code, § 21.12; Ord. 271]

It shall be unlawful for any driver, operating under a permit issued pursuant to the terms of this chapter to refuse, when the vehicle is in service and not otherwise engaged, to transport any person who presents himself for carriage in a sober and orderly manner and for a lawful purpose.

Subchapter 2. Taxicab Stands

[1961 Code, § 21.6; Ord. 271; Ord. 1016]

The Chief of Police shall designate, in writing, stands upon public streets to be occupied by taxicabs after the permits required by this chapter have been issued. Such stands shall appropriately be designated or marked, “Taxis Only,” as the Chief of Police may determine.

[1961 Code, § 21.7; Ord. 271]

Before any designation of stands is made, the written consent must be obtained of the tenant of the ground floor fronting the space where such stand is to be located. In the event the ground floor is not occupied, the written consent of the owner must be first obtained.

[1961 Code, § 21.8; Ord. 271]

The stand permit shall specify the name and address of the permittee and the number of vehicles authorized thereunder.

[1961 Code, § 21.9; Ord. 271]

It shall be unlawful for the owner or operator of any vehicle for hire, other than the permittee, to use any stand designated under § 118.20 and when such stand is occupied, no other vehicle shall loiter or wait nearby.

[1961 Code, § 21.10; Ord. 271; Ord. 1016]

Any stand designated by the Chief of Police, as herein provided, may be revoked by the Chief of Police and it shall be unlawful for any taxicab to occupy the stand after such revocation.

Subchapter 3. Certificate of Public Convenience and Necessity

[1961 Code, § 21.13; Ord. 271; Ord. 538; Ord. 1016]

No person shall engage in the business of operating any taxicab or any other company supplying public bus transportation to various points within the city without having first obtained from the City Council a certificate of public convenience and necessity.

[1961 Code, § 21.14; Ord. 271; Ord. 538]

All persons applying for a certificate required by § 118.35 shall file with the City Council a verified application which shall set forth:

(A) The name and address of the person making application;

(B) If, at the same time of making application such person is actually operating a passenger carrier company the name of the company and the area which it services;

(C) The area for which a certificate of public convenience and necessity is desired;

(D) A description of the proposed service and proposed charges and rates for the services;

(E) Such other information as the City Council may require.

[1961 Code, § 21.15; Ord. 271; Ord. 538]

Upon filing of the fully completed application for the certificate of public convenience and necessity, the City Clerk shall fix the time for a public hearing thereon before the City Council for the purpose of determining whether the public convenience and necessity require the proposed service. No certificate shall be granted until the City Council shall, after hearing, declare by resolution that the public convenience and necessity require the proposed service.

[1961 Code, § 21.16; Ord. 271; Ord. 538]

Notice of the time and place of the public hearing before the City Council shall be published once in a newspaper of general circulation in the city, and the cost of the publication shall be at the expense of the applicant.

[1961 Code, § 21.17; Ord. 271; Ord. 538]

In determining whether public convenience and necessity require the proposed service for which the application is made, the City Council shall investigate and consider:

(A) The demand of the public for the requested service;

(B) The adequacy of the existing service;

(C) The financial responsibility and experience of the applicant;

(D) The effect which the service may have upon existing service.

[1961 Code, § 21.18; Ord. 271; Ord. 1016]

If the City Council shall, by resolution, declare that public convenience and necessity require the service, a certificate to that effect shall be issued to the persons entitled thereto; provided the City Council may in its discretion determine the area of service and limitations on the granting of such permit and any change in the area of service shall require new application and approval; provided further that no certificate authorized hereunder shall be issued to any person who shall not have fully complied with all of the necessary requirements of this chapter.

[1961 Code, § 21.19; Ord. 271; Ord. 1016]

Sections 118.35 through 118.46 shall not affect the number of taxicabs operating with valid permits on the effective date of this section.

[1961 Code, § 21.20; Ord. 271; Ord. 1016]

Every owner operating a taxicab under permission of the City Council prior to the effective date of this chapter shall be presumed to have established prima facie evidence of public convenience and necessity for the licensing of his taxicabs actually in operation, and the City Council, upon written application received by it not later than 15 days after the effective date of this chapter shall grant a certificate to such owner for such taxicabs.

[1961 Code, § 21.21; Ord. 271; Ord. 538]

If the service permitted hereunder is for any reason discontinued for a period of 30 days, the certificate granted shall be automatically canceled, and shall be restored only in accordance with the provisions of this subchapter.

[1961 Code, § 21.22; Ord. 271; Ord. 1016]

If an owner sells or transfers title to a vehicle for which a certificate has been issued, or in the event a taxicab for which a certificate has been issued, has been destroyed, he is entitled, as a matter of right, upon written application to the City Council made within 15 days after such sale, transfer or destruction, to have a new certificate issued, but for no greater number than sold, transferred or destroyed, and provided such owner has complied with all the provisions of this chapter.

[1961 Code, § 21.22-1; Ord. 538]

If the owner sells or transfers title to the transportation company, or if more than 25% of the stock in the company is transferred in any one-year period a new certificate must be issued provided such new owners have complied with all of the provisions of this chapter.

[1961 Code, § 21.23; Ord. 271; Ord. 538]

(A) The City Council may at any time revoke or suspend the certificate granted pursuant to this subchapter:

(1) If the company's record is unsatisfactory;

(2) If the company fails to operate the service in accordance with the provisions of this chapter;

(3) If the company discontinues or suspends operation of service for a period of 30 days without permission first had and obtained from the City Council.

(B) All certificates which shall have been surrendered or revoked by the City Council shall be surrendered to the City Clerk, and the operation covered by such certificates shall cease and be unlawful.

[1961 Code, § 21.24; Ord. 271; Ord. 538]

(A) The City Council shall act on the company's application for a certificate of public convenience and necessity by resolution and may deny any such application, if in its sound discretion, it determines that:

(1) There is a reasonable cause rendering the proposed operation undesirable or inadequate to this city or the financial condition of the company appears to the City Council to be unstable or inadequate to perform the conditions which may be reasonably imposed;

(2) There is insufficient public need or demand for the proposed service;

(3) The applicant's operation is inadequate or unsafe or applicant fails to meet reasonable issuance requirements established by the city.

(B) The City Council may, by resolution, and after five days written notice to the company, suspend or revoke a company's certificate of necessity for any of the grounds for which it may deny an application and, in addition thereto, it may suspend or revoke any company's certificate of necessity, for a violation of any of the provisions of this chapter.

[1961 Code, § 21.24-1; Ord. 538]

Prior to the issuance of a certificate of public convenience and necessity, the applicant therefor must show proof of coverage and shall, during the existence of the certificate of public convenience and necessity, maintain public liability insurance in a minimum amount of $1,000,000 combined single limit and such policy shall carry an endorsement protecting the city against any claims or demands as a result of persons injured or killed or property damaged as a result of the operation of the passenger carrier by the applicant and a copy of such policy or policies shall be deposited with the City Clerk together with an endorsement thereon requiring the insurance carrier to notify the city ten days in advance of any intended cancellation or material change in such coverage.

[1961 Code, § 21.24-2; Ord. 538]

Prior to the issuance of such certificate of public convenience and necessity the applicant shall deposit with the Department of Public Works the cost estimated by the Department of Public Works for the installation and signing of all bus stops proposed to be used by the applicant together with a bond assuring that upon the termination of bus service or upon failure of the company, for any reason, the bus stops may be removed without cost to the city. Such bonds shall be in an amount determined by the Department of Public Works.

[1961 Code, § 21.24-3; Ord. 538]

Any driver of a passenger carrier operating under a certificate of public convenience and necessity under the terms of this subchapter shall comply with all rules and regulations set forth in §§ 91.55 through 91.60 of the Code relating to ambulance drivers.

[1961 Code, § 21.24-4; Ord. 538]

The City Manager may promulgate a set of rules and regulations describing the duties and procedures to be observed and complied with by drivers of passenger carrier or by the owner of a certificate of public convenience and necessity hereunder, which rules and regulations and any amendments thereto shall be subject to approval by the City Council. Such rules, regulations and amendments, when approved by the City Council by resolution and filed with the City Clerk, shall constitute enforceable provisions of this chapter and violations thereof shall be subject to the penalties provided by this chapter. Copies of such rules, regulations and any amendments thereto, shall be delivered to each owner of such certificate of public convenience and necessity at the time such certificate is granted.

Subchapter 4. Driver's Permit

[1961 Code, § 21.25; Ord. 271; Ord. 1016]

It shall be unlawful for any person to operate or drive a taxicab in the city without having first obtained written permission to do so from the Chief of Police.

[1961 Code, § 21.26; Ord. 271; Ord. 665]

To secure such permission as required by this subchapter, a written application must be filed with the Chief of Police and accompanied by a deposit in an amount established by resolution of the City Council to cover the cost of a badge to be issued to and conspicuously worn by the permittee during all working hours. Such badge shall not be transferable.

[1961 Code, § 21.27; Ord. 271; Ord. 475; Ord. 1016]

The Chief of Police shall not issuance a permit and must revoke a permit therefore granted for any one of the following reasons:

(A) If the applicant is under 21 years of age;

(B) If the applicant has not resided in the county 30 days immediately prior to filing his application;

(C) If the applicant does not possess a valid chauffeur's license issued by the state;

(D) If the applicant is a reckless driver or has been convicted within five years preceding the application, of reckless driving or driving while under the influence of intoxicating liquors or narcotics or has been convicted two or more times regardless of time of occurrence of any of the above offenses;

(E) If the applicant is guilty or has been convicted of a felony or crime involving moral turpitude;

(F) If the applicant is not a fit and proper person to drive a taxicab;

(G) If the owner or driver uses a vehicle license hereunder for transporting persons for immoral purposes or is otherwise engaged in an unlawful activity;

(H) If the applicant violates any provisions of this chapter.

[1961 Code, § 21.28; Ord. 271]

Upon satisfying the requirements of this chapter, the applicant for a driver's permit shall be fingerprinted, and his record filed in the office of the Police Department, and thereupon a permit shall be issued.

[1961 Code, § 21.29; Ord. 271; Ord. 1016]

The permit required by this subchapter shall be fixed in a conspicuous place in the taxicab, so as to be seen from the passenger's compartment, and such permit shall set forth the name, address and telephone number of the owner of the taxicab.

[1961 Code, § 21.30; Ord. 271]

If a driver changes his employment to a different owner, he shall, within 24 hours thereafter, notify the Chief of Police for the purpose of having his driver's certificate changed so as to properly designate the name of the new employer.

[1961 Code, § 21.31; Ord. 271]

When issued, the driver's permit shall be valid for one year from the date of issuance, unless the same has been revoked for any of the causes herein set forth. The driver, in making application for a renewal of his permit, shall follow the same procedure as set forth in making his original application, except he shall not be required to pay the badge deposit, be fingerprinted or furnish photographs. He shall pay the fee of $1 for the issuance of the renewal permit.

[1961 Code, § 21.32; Ord. 271]

The Chief of Police is hereby authorized and directed to revoke and cancel, without previous notice, any permit granted pursuant to this chapter, whenever an owner or driver violates any of the provisions of this chapter. The owner of the permit thus revoked may, within ten days thereafter, appeal from such order of revocation to the City Council, who shall, after due notice to the owner, hear and determine the matter and their decision therein, shall thereupon become final. Any person whose permit is thus revoked shall not be eligible to apply for another for a period of one-year from the date of such revocation.

Subchapter 5. Fares

[1961 Code, § 21.33; Ord. 271]

It shall be unlawful for any owner or driver to operate any taxicab in the city unless and until such vehicle is equipped with a taximeter of such type, style and design as may be approved by the Chief of Police. It shall be the duty of every owner operating a taxicab to maintain such taximeter in perfect condition so that it will at all times correctly and accurately indicate the correct charge for the distance travelled and waiting time; and such taximeter shall be at all times subject to inspection by the Chief of Police and the Chief of Police is hereby authorized at his instance or upon complaint of any person to investigate or cause the taximeter to be investigated, and upon discovery of any inaccuracy in the taximeter, to remove or cause the same to be removed, and not be used until it shall have been correctly adjusted. Taxicabs not equipped with meters operating in the city at the effective date of this chapter shall be equipped as soon as delivery can be obtained.

[1961 Code, § 21.34; Ord. 271]

It shall be unlawful for a taxicab driver while carrying passengers to display the flag or the device attached to the taximeter in such a position as to denote that the vehicle is for hire or to cause the taximeter to record when the vehicle is not actually employed or to fail to cause the device on the taximeter to be placed in a nonrecording position at the termination of each and every service.

[1961 Code, § 21.35; Ord. 271]

Every taximeter shall be equipped so as to register the cost of transportation of passengers in the city. It shall be unlawful for any owner, driver or operator of a taxicab in the city to charge any sum in excess of the amount shown on the dial for conveyance in such taxicab.

[1961 Code, § 21.36; Ord. 271]

The taximeter shall be so placed in the taxicab that the reading dial showing the amount to be charged may be readily seen by the passengers in the taxicab.

[1961 Code, § 21.37; Ord. 271; Ord. 513; Ord. 659; Ord. 757]

It is unlawful for the owner or driver of any taxicab in the city to fix, charge or collect for service a rate more or less than that set forth by resolution of the City Council.

[1961 Code, § 21.38; Ord. 271]

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.

[1961 Code, § 21.39; Ord. 271]

If requested, every driver shall give a receipt upon payment of the correct fare.

[1961 Code, § 21.40; Ord. 271]

In case of a dispute concerning payment of any fare the matter shall be determined by the officer in charge at the police station. Failure to comply with such determination shall subject the offending party to a charge of misdemeanor.

[1961 Code, § 21.41; Ord. 271]

It is unlawful for any person, except where credit is extended, to refuse to pay the lawful fare, as fixed herein, for the use of any taxicab or rent car after hiring the same.