Chapter 5.32 — TAXICABS

"Taxicab" as used in this chapter means and includes any vehicle used to carry passenger for hire but not operating on a fixed route.

(Ord. 474 §1 Art. 1(A), 1982)

It is unlawful to engage in the business of operating a taxicab in the city without first securing a license therefor.

(Ord. 474 §1 Art. 1(B), 1982)

Application for operator's business license shall be made in writing to the chief of police, and shall state thereon:

• A. The name and address of the applicant, and if a corporation, the names of the principal officers, or if a partnership, association or fictitious company, the names of the partners or persons comprising the association or company with the address of each;

• B. The intended place for the conduct of the financial affairs and service of the taxicabs in the business;

• C. The street number and exact location of the place or places where the applicant proposes to stand each taxicab;

• D. A description of each taxicab which the applicant proposes to use giving:

  1. Trade name,

  2. Make and style,

  3. Year,

  4. Motor and serial number,

  5. Seating capacity,

  6. Distinctive color scheme, name, monogram, insignia which shall be used on each taxicab,

  7. Such other information required by the chief of police which is reasonably related to the operation of a taxicab business;

• E. Filing of Rate Structure. The rates to be charged for use of taxicabs shall be filed with the police chief at the time of application for operator's license.

(Ord. 474 §1 Art. 1(C), 1982; Ord. 594 §1, 1997)

The chief of police and city administrator shall deny an application for an operator's license when:

• A. The application is not in the form and does not contain the information required.

• B. The taxicab or taxicabs described are inadequate or unsafe for the purpose for which they are to be used.

• C. The color scheme, name or monogram or insignia identifying such taxicab or taxicabs conflicts with or imitates any color scheme, name, monogram or insignia used by any person in such manner as to be misleading or tend to deceive or defraud the public.

• D. The location of the stand is such as to congest or interfere with travel on any public street, or that the proposed stand is within three hundred feet of any other stand theretofore fixed on the same street.

• E. The applicant presently is under suspension or has, at some prior time, had an operator's business license revoked for cause.

• F. The applicant has been convicted of a felony or misdemeanor on charges of fraud, embezzlement, or such other offense constituting a dishonest business practice; nor shall such license be issued to or be held by any corporation if any officer thereof would be ineligible for a license under the foregoing conditions of this section.

• G. The city council, after notice to the applicant, and a hearing, if such hearing is requested by applicant, by resolution determines that there are a sufficient number of taxicabs in this city to fully serve the public, and that the public interest, convenience, and necessity do not require issuance of an operator's business license to the applicant.

• (Ord. 474 §1 Art. 1(D), 1982)

• A. The annual flat fee, payable in advance, for an operator's business license shall be sixty dollars plus twenty-five dollars for each taxicab operated, providing that said fees are subject to change as may hereafter be established by council resolution. Whenever the number of taxicabs so operated shall be increased during the license year, the licensee shall notify the chief of police and administrator of such change and shall pay the additional fee. The license year shall begin July 1st of each year.

• B. The chief of police shall issue suitable tags or stickers for the number of taxicabs covered by each license. Such tag or sticker shall be displayed in a prominent place on each taxicab while it is in use, and may be transferred to any taxicab put into service to replace one permanently withdrawn from service.

• C. The licensee shall notify the chief of police of the motor number and state license number of each cab operated and of the corresponding city tag or sticker number.

• (Ord. 474 §1 Art. 1(E), 1982)

No operator's business license issued under the terms of this chapter shall be transferable, either by contract or operation of law, without the permission of the chief of police having first been obtained, and any attempted transfer shall be null and void, and further shall be sufficient cause for revocation thereof.

(Ord. 474 §1 Art. 2(F), 1982)

The chief of police, in his or her sole discretion, shall make the initial determination as to whether revocation or nonrenewal of an operator's business license is appropriate. (Ord. 474 §1 Art. 2(G)(1), 1982)

The licensee shall be given a written statement of the initial determination of the chief of police to revoke or not to renew the operator's business license, including supporting facts and reasons therefor, and the licensee thereafter shall have ten days to either respond orally or in writing to the chief of police before such determination, if not earlier withdrawn or modified, becomes effective.

(Ord. 474 §1 Art. 2(G)(2), 1982)

• A. Within thirty days after notice has been given to the licensee by personal delivery or within thirty-three days after notice has been given to the licensee by certified mail, as applicable, the licensee may make a written request for a hearing. After at least five days' notice to the licensee of the date and time of the hearing, a hearing shall be held at which the licensee may present evidence and dispute the validity of any charge made by the city.

• B. Failure of the licensee to make a written request for a hearing within the prescribed time limit shall mean that the initial determination made by the chief of police remains in full force and effect and shall be final.

• (Ord. 474 §1 Art. 2(G)(3), 1982)

Revocation or nonrenewal of an operator's business license by the chief of police or the city council must be supported by substantial evidence which establishes one or more of the following grounds:

• A. The licensee knowingly gave a false answer or knowingly omitted an answer material to his or her application for an operator's business license.

• B. The taxicab or taxicabs operated by the licensee are inadequate or unsafe for the purposes for which they are to be used.

• C. The licensee wilfully permitted a driver who is not qualified; as defined in this chapter, to drive a taxicab.

• D. The licensee knowingly made false representations for the purpose of securing patronage.

• E. Since the date of issuance of his or her operator's business license, the licensee has been convicted of a misdemeanor or felony on charges of fraud, embezzlement, or other such dishonest business practice.

• F. The licensee has failed to pay the fees required under this chapter. (Ord. 474 §1 Art. 2(G)(4), 1982)

It is unlawful for any driver to drive a taxicab in the city unless such driver is validly licensed by the state and as required by this chapter.

(Ord. 474 §1 Art. 3(A), 1982)

Application for a driver's permit shall be made in writing to the chief of police, upon verification by the applicant, and shall set forth the following:

• A. The name, address, description of applicant, and proof that the applicant is at least twentyone years of age;

• B. The name of the applicant's employer or proposed employer in the taxicab business;

• C. A photograph of the applicant taken within sixty days immediately prior to the date of filing such application, which picture shall be two inches by two inches, showing the head and shoulders of the applicant in a clear and distinguishing manner;

• D. A statement of any physical or mental infirmity, disease, or condition which may affect or impair the applicant's ability to drive a taxicab;

• E. A statement of any felony conviction which by its nature would expose taxi customers to an increased risk of harm, including, but not limited to, assault, theft, fraud or a sex offense;

• F. A statement of any misdemeanor conviction involving an incident arising from or related to his or her operation of a taxicab;

• G. A statement of any misdemeanor conviction for driving a vehicle under the influence of alcohol or narcotics;

• H. Driver's Drug and Alcohol Testing. No person shall be issued a driver's permit until they have presented certification to the police chief that they have tested negative for alcohol (breath alcohol concentration of less than 0.02 percent) and each of the controlled substances specified in Part 40 (commencing with Section 40.1) of the Title 49 of the Code of Federal Regulations. The date of testing shall be within ten days of the date of issuance of a driver's permit. Test results are confidential and shall not be released without the consent of the applicant, except as authorized or required by law. Cost for such testing is the obligation of the applicant or employee of the applicant;

• I. Testing Procedures. Applicant shall show a valid California driver's license at the time and place of testing. Testing procedures shall be substantially as set forth in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal regulations. The city may at random require a permitted driver to be retested. If such a test is required by city, city shall pay the cost for such testing;

• J. Other Information Required. Such other information required by the chief of police which is reasonably related to the safe, efficient, or honest operation of a taxicab by the driver. (Ord. 474 §1 Art. 3(C), 1982; Ord. 594 §1, 1997)

The chief of police shall deny an application for a driver's license when:

• A. The application is not in the form and does not contain the information required by this chapter.

• B. The applicant has a physical or mental infirmity, disease, or condition which, in the sole discretion of the chief of police materially affects the applicant's ability to drive a taxicab.

• C. Within three years immediately prior to application for a driver's permit, the applicant has been convicted of a felony which by its nature would expose taxi customers to an increased risk of harm or financial loss, including, but not limited to, assault, theft, fraud or a sex offense.

• D. Within three years immediately prior to application for a driver's permit, the applicant has been convicted of two or more misdemeanors, involving driving a vehicle while under the influence of alcohol or narcotics.

• E. Within three years immediately prior to application for a driver's permit, the applicant has been convicted of a misdemeanor directly related to his or her operation of a taxicab which subjected a taxi customer or bystander to physical violence by the applicant by assault, or the like, or which subjected a taxi customer or prospective taxi customer to fraudulent misrepresentations by the taxi driver or the like.

• F. The applicant has knowingly given false answer or knowingly omitted an answer material to his or her application for a driver's permit.

• G. The applicant presently is under suspension or has, at some prior time, had his or her driver's permit revoked for reason.

• (Ord. 474 §1 Art. 3(D), 1982)

The annual flat fee for a driver's permit valid for a period of one year, beginning July 1st of each year and ending June 30th of each following year, shall be five dollars, plus actual costs of processing fingerprints and making a check of the driver's criminal record. (Ord. 474 §1 Art. 3(B), 1982)

The chief of police, in his or her sole discretion, shall make the initial determination as to whether suspen-sion of a driver's permit is appropriate. (Ord. 474 §1 Art. 3(E)(1), 1982)

The permittee shall be given a written statement of the initial determination of the chief of police to suspend the driver's permit, including supporting facts and reasons therefor, and the permittee thereafter shall have ten days to either respond orally or in writing to the chief of police before such determination, if not withdrawn, becomes effective. (Ord. 474 §1 Art. 3(E)(2), 1982)

• A. Within thirty days after notice has been given to the permittee by personal delivery or within thirty-three days after notice has been given to the permittee by certified mail, as applicable, the permittee may make written request for a hearing. After at least five days' notice to the permittee of the date and time of the hearing, a hearing shall be held at which the permittee may present evidence and dispute the validity of any charge made by the city.

• B. Failure of the permittee to make written request for a hearing within the prescribed time limit shall mean that the initial determination made by the chief of police shall remain in full force and effect and shall be final.

• (Ord. 474 §1 Art. 3(E)(3), 1982)

Suspension of a driver's permit by the chief of police or the city council must be supported by a preponderance of the evidence and the burden of proof shall be on the city to establish one or more of the following grounds:

• A. The permittee repeatedly has used profane or obscene language while operating a taxicab in the city.

• B. The permittee repeatedly has shouted or called to prospective customers on the city streets.

• C. The permittee has been convicted of two or more moving violations within a period of six months.

• D. The permittee has committed acts or omissions sufficient to establish grounds for revocation of his or her driver's permit as provided in this chapter.

• (Ord. 474 §1 Art. 3 (E)(4), 1982)

No suspension for any one of the provisions set forth in Section 5.32.180 shall be longer than six months. For the following specific offenses, the length of suspension shall be as follows:

• A. A permittee who repeatedly has used profane or obscene language while operating a taxicab in the city or who repeatedly has shouted or called to prospective customers on the city streets shall be suspended for up to five calendar days.

• B. Any permittee twice convicted of moving traffic violations within a period of six months shall have his or her driver's permit suspended for fourteen calendar days.

• C. Any permittee convicted three times of moving traffic violations within a period of six months shall have his or her driver's permit suspended for thirty calendar days.

• D. Any permittee who has committed acts or omissions sufficient to establish grounds for revocation of his or her driver's permit may, in the alternative, have his or her driver's permit suspended for up to six months.

• (Ord. 474 §1 Art. 3(E)(5), 1982)

The chief of police, in his or her sole discretion, shall make the initial determination as to whether revocation or nonrenewal of a driver's permit is appropriate. (Ord. 474 §1 Art. 3(F)(1), 1982)

The permittee shall be given a written statement of the initial determination of the chief of police to revoke or not to renew the driver's permit, including supporting facts and reasons therefor, and the permittee thereafter shall have ten days to either respond orally or-in writing to the chief of police before such determination, if not withdrawn or modified, becomes effective. (Ord. 474 §1 Art. 3(F)(2), 1982)

• A. Within thirty days after notice has been given to the permittee by personal delivery or within thirty-three days after notice has been given to the permittee by certified mail, the permittee may make written request for a hearing. After at least five days' notice to the permittee of the date and time of the hearing, a hearing shall be held at which the permittee may present evidence and dispute the validity of any charge made by the city.

• B. Failure of the permittee to make written request for a hearing within the prescribed time limit shall mean that the initial determination made by the chief of police shall remain in full force and effect and shall be final.

• (Ord. 474 §1 Art. 3(F)(3), 1982)

Revocation or nonrenewal of a driver's permit by the chief of police or the city council must be supported by a preponderance of the evidence and the burden of proof shall be on the city to establish one or more of the following grounds:

• A. The permittee knowingly gave a false answer or knowingly omitted an answer material to his or her application for a driver's permit.

• B. Since the date of issuance of his or her driver's permit, the permittee has been convicted of a felony which by its nature would expose taxi customers to an increased risk of harm including, but not limited to, assault, theft, fraud, or a sex offense.

• C. Since the date of issuance of his or her driver's permit, the permittee has had his or her state driver's license suspended or revoked.

• D. Since the date of issuance of his or her driver's permit, the permittee has been convicted of driving a taxicab while under the influence of alcohol or narcotics.

• E. Since the date of issuance of his or her driver's permit, the permittee has been convicted of a misdemeanor directly related to his or her operation of a taxicab which subjected a taxi customer or bystander to physical violence by the permittee's assault, or the like, or which subjected a taxi customer or prospective taxi customer to fraudulent misrepresentation by the permittee, or the like.

• F. Since the date of issuance of his or her driver's permit, the permittee has shown a physical or mental infirmity, disease, or condition which materially affects his or her ability to drive a taxicab safely and efficiently.

• G. The permittee has operated a taxicab for business purposes during a time when his or her driver's permit has been suspended.

• (Ord. 474 §1 Art. 3(F)(4), 1982)

The chief of police or his or her authorized agent may inspect any taxicab so often as he or she deems necessary to enforce the provisions of this section. No taxicab shall be operated unless:

• A. It bears a state license duly issued;

• B. It is equipped with proper brakes, lights, tires, horn, muffler, rear vision mirrors, adequate windshield wipers and is in good running condition as determined by a city police officer;

• C. It bears a distinguishing color scheme, or design as set forth in the licensee's application, except when the chief of police has granted temporary use of automobiles not so marked;

• D. Each taxicab, while operated, shall have on each side, in letters not less than two inches high, the name of the licensee operating it; and if more than one taxicab is operated by a licensee, each taxicab shall be designated by a different number, which number, shall also so appear on the side of such taxicab;

• E. Information is displayed in the taxicab so as to be noticeable and readable by passengers, which information shall include the operator's business license number, name of licensee, date of issuance, the state license plate number and engine number of the taxicab, and further, the driver's license shall be clearly displayed.

• (Ord. 474 §1 Art. 2(A), 1982)

The licensee shall be responsible for hiring qualified drivers, as provided in this chapter, assuring that drivers who are hired remain qualified.

(Ord. 474 §1 Art. 2(B), 1982)

• A. No taxicab shall be operated unless it provides insurance which meets the requirements of California Vehicle Code Sections 16500 and 16502, as amended from time to time, and which makes the city an "additional insured," requires ten days' notice prior to cancellation, and which meets the satisfaction of the city attorney. If at any time in the judgment of the city attorney, the licensee's insurance is not sufficient for any cause, new or different insurance shall be obtained by the licensee. In addition, the licensee shall give proof of adequate worker's compensation insurance coverage for all employees entitled thereto.

• B. As an alternative, in whole or in part, to the requirements of subsection A of this section, and in accordance with the financial responsibility laws of this state, any person may satisfy the city's insurance requirements as qualifying under state law as a self-insurer and by obtaining a certificate of selfinsurance issued by the State Department of Motor Vehicles. Such self-insurance may be in amounts which satisfy the above city requirements in whole or in part. In addition, any person who is selfinsuring shall execute a hold harmless agreement, including agreement to defend against all claims and actions arising from the operation of vehicles authorized in this chapter, to the benefit of the city and its elected and appointed officers and employees.

(Ord. 474 §1 Art. 2(C), 1982)

No taxicab shall be operated unless it is equipped with a meter in good condition to record the amount to be charged on each trip, which amount shall be shown in figures visible to the passenger. It is unlawful for a passenger to fail or refuse to pay the lawful fare at the termination of a trip. No extra charge shall be made for baggage or parcels the size of which permits them to be carried in the cab.

(Ord. 474 §1 Art. 2(D), 1982)

Taxicab stand locations shall be kept on a list available to the public in the police department. Each taxicab stand shall be appropriately marked by signs. It shall be unlawful to park any vehicle, other than a licensed taxicab, in a taxicab stand. A licensed taxicab may be parked in any taxicab stand while such taxicab is in the charge of its driver on duty awaiting a fare. (Ord. 474 §1 Art. 2(E), 1982)