King City Municipal Code Ch. 5.30 Public Transit Vehicles

The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section, as follows:

“City”

means the city of King.

“Operator”

includes every person, other than the city and persons employed by or acting under contract to the city, owning, controlling or operating any public transit vehicle within the city.

“Person”

includes every person, firm or corporation, other than the city and persons acting under contract to the city.

“Public transit vehicle”

includes taxicabs, jitneys, buses, vans and other motor vehicles used to transport passengers for hire within the city, excepting vehicles which are subject to regulations by the Public Utilities Commission of the State of California under provisions of the Public Utilities Act.

“Within the city”

means within the incorporated area of the city.

(Ord. 392 § 1, 1977)

(a) No person shall operate or cause to be operated within the city any public transit vehicle owned or controlled by such person without first obtaining a permit pursuant to the provisions of this chapter and thereafter maintaining such permit in full force and effect with the exception of taxicab owners and drivers who have been issued and maintained in full force and effect a valid taxicab permit by the Monterey County Regional Taxi Authority.

(b) Any such person operating under a valid Monterey County Regional Taxi Authority permit shall be exempt from requirements set forth in this chapter for issuance of a city permit, vehicle inspections and rates charged, but shall be required to comply with all regulations and requirements set forth as conditions of the permit issued by the Monterey County Regional Taxi Authority while operating within the city, including the rates charged and regular inspections conducted by the Monterey County Regional Taxi Authority. Any such person authorized to operate public transit services without a city permit under the exemption set forth in this subsection shall comply with all other provisions set forth in this chapter regarding the operation of public transit vehicles within the city and shall be required to apply for, obtain and maintain in full force and effect a city business license prior to operation within the city. Failure to comply with any regulations or requirements for operation of a public transit vehicle set forth by the city or Monterey County Regional Taxi Authority shall be grounds for revocation of the business license and termination of future operation within the city.

(Ord. 392 § 2, 1977; Ord. 825, 3/12/2024)

(a) Any person desiring to obtain the permit required by Section 5.30.020 shall make application therefor to the city council. Each such application shall be accompanied by a bond or policy of insurance required by this chapter and shall be in writing and set forth the following information:

(1) The name, age, and business address and residence address of the applicant, if a natural person; if a corporation, its name, date and place of incorporation and the names of its principal shareholders and officers; or if a partnership, association or fictitious company, the names of the partners or of the persons comprising the association or company with the place of business and residence of each such partner or person;

(2) A description of every motor vehicle which the applicant proposes to use, disclosing the name of the manufacturer thereof, the motor number, and state license number of each such vehicle, the color scheme and the type of insignia, if any, to be used;

(3) A detailed statement of the proposed method of operation of said vehicle or vehicles, including a description of the type of service to be provided, the hours of proposed operation, proposed routes and schedules for regularly scheduled service on fixed routes or a statement of the proposed method of operation of a nonscheduled service, a statement of fares to be charged, the street number and exact location of each place where the applicant proposes to stand any such vehicle or pick up passengers;

(4) Evidence of financial responsibility in written form satisfactory to the city manager;

Such further information as the city council or the city manager shall require.

(b) Each application shall be accompanied by a fee of one hundred dollars to cover the cost of investigating and processing the same.

(Ord. 392 § 3, 1977; Ord. 497 § 4, 1986)

Upon the filing of an application under this chapter, the city clerk shall cause a notice to be published in a newspaper of general circulation within the city, which notice shall set forth the fact that the application has been filed, the name of the applicant, the type of vehicles and service to be operated, and the time and place at which the city council will hold a hearing on said application. The notices shall be published once at least ten days prior to the hearing.

(Ord. 392 § 4, 1977)

Any interested person may file written objections to the granting of a permit at any time before the date of the hearing on said application. The council shall also call for and consider the recommendation of the planning commission and of the chief of police with respect to each such application and shall have the right to call witnesses as it may see fit. In such hearings the burden of proof shall be upon the applicant to establish by clear and convincing evidence which shall satisfy the council that public convenience and necessity require such operation of the vehicle or vehicles for which application has been made and that the application should be granted. The city council, in determining whether or not public convenience and necessity exist, shall take into consideration all facts which it may deem pertinent and proper. No such application shall be granted unless the council shall first make its specific findings that each of the following conditions exist:

(1) That the applicant is financially responsible;

(2) That the applicant is of good moral character;

(3) That the proposed method of operation will enable the applicant to earn a fair and reasonable return on invested capital;

(4) That the existing service by public transit vehicles operating in the city is not adequately serving the public;

(5) That the applicant has complied with the provisions of all city ordinances and all federal and state laws, rules and regulations applicable to the proposed operation;

(6) That such additional service will not result in a greater hazard to the public and will not create traffic congestion in parking; and

(7) That each vehicle described therein is adequate and safe for the purpose for which it is to be used, and is equipped as herein required.

(Ord. 392 § 5, 1977)

No permit issued pursuant to this chapter may be sold, assigned, or otherwise transferred without the prior consent of the city council. Application for such consent shall be made in writing to the city council in the same manner as an original application for a permit, but such consent shall be given as a matter of right unless the council shall find that the proposed transferee, or the shareholders and officers of the proposed transferee, are not of good moral character, or that such transferee does not possess sufficient financial responsibility.

(Ord. 392 § 6, 1977)

(a) Any permit issued under this chapter may be suspended or revoked by the city council upon any of the following grounds:

(1) That the permit holder knowingly, and after notice from the city manager, has failed to operate the vehicles under permit in accordance with the provisions of this chapter and any and all federal and state laws, rules and regulations applicable to the operation of said vehicles;

(2) That any such vehicle is being operated on a schedule or at any rate of fare other than that approved by the city council;

(3) That the permit holder has abandoned the operation of all vehicles for a period of thirty consecutive days, except when such period of nonoperation is the result of act of God, labor disputes, unavailability of parts or materials, or other causes beyond the control of the permit holder;

(4) That the permit holder has committed acts or carried on a course of conduct which the council finds, after hearing, establishes a lack of good moral character.

(b) No suspension or revocation shall be made effective until a hearing has been held before the city council upon not less than ten days’ notice by registered mail to the permit holder, at which time the permit holder may be present and be represented by counsel.

(Ord. 392 § 7, 1977)

The city council, upon its own motion or upon application of a permit holder, may set, establish, change, modify or amend the schedule of rates to be charged by all vehicles operated by each permit holder. No rates shall be set, established, changed, modified or amended without a hearing before the city council. Notice of such hearing shall be given to each permit holder by registered mail at least ten days prior to the date of hearing.

(Ord. 392 § 8, 1977)

Every vehicle operating under provisions of this chapter shall be subject to inspection at any time by the chief of police or his authorized representative. Any vehicle which is found, after said inspection, to be unsafe or in violation of any of the provisions of this chapter, or in any way unsuitable for service, shall be immediately taken out of service and shall not again be placed in service until it has been put in a safe and proper condition. The interior of every vehicle shall be kept in a clean and sanitary condition and shall be cleaned thoroughly at least once in every twenty-four hours.

(Ord. 392 § 9, 1977)

(a) It shall be unlawful for any person to drive or operate any vehicle subject to this chapter without first applying for and obtaining a permit in writing to do so from the city manager, and thereafter maintaining said permit in full force and effect. Each permit will show the name of the owner of the vehicle and will entitle the driver to work only for that owner. A new permit will be required for each subsequent employment, but no application shall be necessary other than a request for ratification of change of employment. All drivers permits shall expire at the end of the calendar year in which they are issued, subject to annual renewal as hereinafter set forth.

(b) Except for renewal of existing permits, each application shall be accompanied by a photo of the applicant and shall disclose his name, age, Social Security number, places and dates of residence during the previous five years, the names, addresses and occupations of two references residing within the county of Monterey, and such other information as the city manager may deem pertinent. A fee of twenty dollars for original applications, or ten dollars for renewal applications, shall be paid at the time of filing.

(c) No permit shall be issued to any person under the age of eighteen years, to anyone who has been convicted of a felony or of a crime involving moral turpitude, or to anyone who has been convicted of reckless driving or driving while under the influence of intoxicating liquors or narcotics; provided, however, that the city council may, in its discretion, issue a permit in cases where such conviction occurred more than three years immediately preceding the filing of the application.

(d) No permit shall be issued to any person under the age of eighteen years, to anyone who has been convicted of a felony or of a crime involving moral turpitude, or to anyone who has been convicted of reckless driving or driving while under the influence of intoxicating liquors or narcotics; provided however, that the city council may, in its discretion, issue a permit in cases where such conviction occurred more than three years immediately preceding the filing of the application.

(e) The city council may revoke or refuse to renew a driver’s permit if the driver has, since being granted such permit:

(1) Been convicted of a felony or crime involving moral turpitude; pandering; using, possessing, selling or transporting narcotics; or imparting information for obtaining narcotics;

(2) Been convicted of driving recklessly or while under the influence of intoxicating liquors or narcotics;

(3) Had his state driver’s license or chauffeur’s license revoked or suspended;

(4) Had two or more convictions for violation of the state speed law (Vehicle Code Section 22348 to 22364, inclusive) occurring during any continuous period not exceeding twelve months; or

(5) Violated any provisions of this chapter.

(f) Any driver whose permit has been revoked may within ten days of such revocation appeal the revocation to the city council. The city council shall thereupon hold a hearing upon such revocation and may reinstate such permit if it finds that the revocation was not justified, or, if it finds that good cause exists therefor, it shall order the permanent revocation of the permit. The decision of the city council on such revocation shall be final and conclusive. Pending such hearing it shall be unlawful for such driver to operate a public transit vehicle within the city.

(Ord. 392 § 10, 1977; Ord. 497 § 4, 1986)

It shall be unlawful for any owner or driver to drive or operate any public transit vehicle, or cause the operation thereof, nor shall the operation thereof be granted, unless there is in full force and effect at all times while such vehicle is being operated a policy of public liability and property damage insurance, approved by the city manager, in a solvent and responsible company authorized to do business in the state, insuring the owner of such vehicle against loss by reason of injury or damage that may result to persons or property from the negligent operation or defective condition of such vehicle. Such policy shall have a single limit of not less than five hundred thousand dollars liability per vehicle with ten or less passengers and one million dollars liability per vehicle in excess of ten passengers and shall provide that there shall be a continuing liability thereon, notwithstanding any recovery thereunder. Said policy shall provide that it may not be cancelled or revoked without at least thirty days’ prior written notice to the city, and a certificate evidencing such insurance coverage shall be filed with the application for a permit to operate such vehicle. If at any time such insurance policy should be cancelled, the owner shall forthwith replace the same with another policy as provided in this chapter, and in default thereof such owner’s permit may be revoked by the city council.

(Ord. 392 § 11, 1977)