Irvine Municipal Code Ch. 6 Taxicab Transportation Service

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 Irvine.

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

Driver means a person who drives or controls the movements of a taxicab.

Driver's permit means a valid permit issued by OCTAP authorizing a person to drive or control the movements of a taxicab.

OCTAP means the Orange County Taxi Administration Program administered by the Orange County Transportation Authority.

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

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 business permit means a valid permit issued by OCTAP authorizing a person to operate a taxicab business.

Taxicab vehicle permit means a valid permit issued by OCTAP authorizing a particular vehicle to be operated as a taxicab.

(Ord. No. 97-18, § 1, 11-11-97)

A. A person shall only operate a taxicab if the owner of that taxicab is authorized by the City to operate a taxicab business in the City.

B. An owner shall only allow a taxicab owned by the owner to be operated if the owner is authorized by the City to operate a taxicab business in the City.

C. The procedures for City authorization to operate a taxicab business in the City shall be established by separate resolution or ordinance of the City Council.

(Ord. No. 97-18, § 2, 11-11-97)

A person shall only operate a taxicab if that person possesses a driver's permit and if City authorization has been obtained. An owner shall only allow a driver to operate a taxicab owned by the owner if that driver possesses a driver's permit and if City authorization has been obtained.

(Ord. No. 97-18, § 3, 11-11-97)

A person shall only operate a taxicab if that vehicle displays a taxicab vehicle permit and if City authorization has been obtained. An owner shall only allow a taxicab owned by the owner to be operated in the City if that vehicle displays a taxicab vehicle permit and if City authorization has been obtained.

(Ord. No. 97-18, § 4, 11-11-97)

A person shall only operate a taxicab business in the City if that person possesses a taxicab business permit and if City authorization has been obtained.

(Ord. No. 97-18, § 5, 11-11-97)

Application for a driver's permit, taxicab vehicle permit or taxicab business permit shall be made to OCTAP, upon a form provided by OCTAP, and shall be accompanied by an application fee sufficient to cover the administrative costs of processing said application as established by the Orange County Transportation Authority.

(Ord. No. 97-18, § 6, 11-11-97)

A driver shall test negative for controlled substances and alcohol as required by applicable State statutes.

(Ord. No. 97-18, § 7, 11-11-97)

A driver operating a taxicab in the City shall carry with him or her at all times proof of insurance covering that vehicle, with such policy limits and coverage as established by OCTAP and adopted by separate resolution of the City Council. Said proof of insurance must clearly identify the vehicle covered.

(Ord. No. 97-18, § 8, 11-11-97)

No permit issued under this chapter shall be assigned to, or used by, any person or vehicle other than the person or vehicle named in such permit.

(Ord. No. 97-18, § 9, 11-11-97)

A taxicab operated under the authority of this chapter shall be equipped according to the standards established by OCTAP and adopted by separate resolution of the City Council.

(Ord. No. 97-18, § 10, 11-11-97)

A taxicab operated under the authority of this chapter shall be maintained according to the standards established by OCTAP and adopted by separate resolution of the City Council.

(Ord. No. 97-18, § 11, 11-11-97)

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 OCTAP conspicuously displayed according to the standards established by OCTAP and adopted by separate resolution of the City Council.

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 OCTAP and adopted by separate resolution of the City Council:

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 OCTAP and adopted by separate resolution of the City Council.

H. All taxicabs shall comply with all OCTAP regulations imposed by the Orange County Transportation Authority.

(Ord. No. 97-18, § 12, 11-11-97)

No driver shall charge rates and charges other than those established by OCTAP and adopted by separate resolution of the City Council.

(Ord. No. 97-18, § 13, 11-11-97)

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

(Ord. No. 97-18, § 14, 11-11-97)

Every applicant for a license for a taxicab stand must show to the satisfaction of the issuing officer that the location of the stand is such that it will not interfere with the use of the highway by the public nor endanger the safety of the traveling public and that the public convenience and necessity require the establishment of the stand.

(Code 1976, § II.M-901; Ord. No. 27, § 53.031, 4-17-72)

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.

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

A. 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 or nonsafety employees designated by the City by separate resolution. 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:

1. A fine not exceeding $100 for a first violation;

2. A fine not exceeding $200 for a second violation within one year;

3. A fine not exceeding $500 for each additional violation within one year.

B. 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. Written citations for misdemeanors may be issued by police officers or by nonsafety employees designated by the City by separate resolution. Any person convicted of a misdemeanor under the provisions of this chapter shall be punished by a fine not exceeding $1,000 or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment.

C. 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.

D. Administrative hearing.

1. 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.

2. 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.

3. 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.

4. 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.

(Ord. No. 97-18, § 15, 11-11-97)