Kingsburg Municipal Code Ch. 5.36 Taxicabs

Whenever the following words or terms are used in this chapter they shall have the meanings herein ascribed to them:

"Automobile for hire" means every automobile or motor propelled vehicle by means of which passengers are transported for hire upon any public street in the city and not over a regular or defined route and irrespective of whether the operation extends beyond the limits of the city or not, except vehicles embraced in the term taxicab and except vehicles and transportation companies as herein defined.

"Taxicab" means every automobile or motor propelled vehicle by means of which passengers are transported for hire upon any public street in the city and not over a particular or defined route, and irrespective of whether the operations extend beyond the boundary limits of the city or not, where charge for the transportation is measured by the distance traveled or by the time required for such transportation, or both, excepting vehicles or transportation companies as herein defined.

"Transportation companies" means and shall be synonymous with the phrase "transportation company," as defined in that certain act of the legislature of the state, approved May 10, 1917, providing for the supervision of transportation of persons and property for compensation over public highways by automobiles, jitney buses, auto trucks, stages and auto stages, and all amendments to the Act.

(Prior code § 56-0001)

It is unlawful to operate automobile for hire or a taxicab upon any public street within the city without first having obtained a permit to so do in accordance with the provisions hereof, and without complying with all the provisions of this chapter.

(Prior code § 56-0002)

Any person desiring to obtain a permit required by Section 5.36.020 of this chapter shall pay a fee as set forth by council resolution to the clerk, and shall make application for the permit to the council, which application shall set forth:

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

B. A statement as to whether the permit is desired for an automobile for hire or taxicab;

C. A description of every motor vehicle which the applicant proposes to use, giving:

1. Trade name, year and model;

2. Motor and serial number;

3. State license number;

4. Seating capacity;

5. Body style; and

6. The street number and exact location of the place where the applicant proposes to stand each such automobile.

D. Proposed schedule of rates or fares to be charged for carrying passengers in such automobile;

E. The distinctive color scheme, name, monogram or insignia which shall be used on the automobile;

F. If any proposed stand is in the public street, the application shall be accompanied by a written consent thereto of all the occupants of the ground floor of any building in front of which the automobile is to be located and for twenty (20) feet each way therefrom, or if there is no such occupant, by the written consent of the owner or lessee of the building or lot;

G. The applicant shall maintain a place of business within the limits of the city, and maintain a telephone at such place of business and that taxicabs shall be available for patrons on a twenty-four (24) hour basis;

H. The past experience of the applicant in the matter to which the requested permit pertains; and the name, address, and past experience of the person to be in charge of the premises or business;

I. A verified financial statement of the applicant;

J. Whether or not any permit has been revoked, and if so, the circumstances of the revocation;

K. Such further information as the council, or such official of the city to whom the application may be referred, may require.

(Prior code § 56-0003)

A. Upon receipt of any application referred to in Section 5.36.030 hereof, the clerk shall set a time, not less than ten (10) or more than thirty (30) days thereafter, for the hearing of the application before the council, and shall give notice of the time so set at least seven days before the date of the hearing to the applicant by mail at the address set forth in the application and by mail to all other permit holders.

B. At the time set for the hearing of the application, the mayor and council may examine the applicant and all persons interested in the matter set forth in the application, and shall determine whether or not the public interest, convenience and necessity require the issuance of the permit, subject to the filing and approval of an undertaking as hereinafter provided in Section 5.36.190 and any conditions imposed by the council thereon.

(Prior code § 56-0004)

The following reasons shall be sufficient for denial of the permit:

A. That the application is not in the form and does not contain the information required to be contained therein by this chapter.

B. That the vehicles described therein are inadequate or unsafe for the purposes for which they are to be used.

C. That the color scheme, name, monogram or insignia to be used upon the vehicles is in conflict with or imitates any color scheme, name, monogram or insignia used by any other person in such a manner as to be misleading or tend to deceive or defraud the public.

D. That the location of the stand, as herein stated, is such as to congest or interfere with travel on any public street or that the proposed stand is within one hundred (100) feet of any other stand heretofore fixed by the council on the same street.

E. That the applicant has, at some time prior, had a permit for the operation of automobiles for hire or taxicabs revoked for reason, or that the applicant is not financially responsible.

F. That it appears to the council that there are a sufficient number of taxicabs and automobiles for hire in the city to fully serve the public, and that the granting of more permits would unduly congest traffic and interfere with the free use of the public streets by the public, and that the public interest, convenience and necessity do not require the issuance of the permit.

G. That the persons holding permits for the operation of taxicabs or automobiles for hire are under efficient management and are adequately serving the public under normal conditions.

(Prior code § 56-0005)

It is unlawful for any owner granted a permit under this chapter to conduct any operation or give any service other than the service authorized by his/her permit granted by the council in accordance with provisions of this chapter.

(Prior code § 56-0006)

A. The council shall have the power to suspend or revoke any or all of the owner's permits granted under the provisions of this chapter when it shall have determined that any of the provisions hereof have been violated or that any holder of a permit has failed to comply with the terms and conditions of the permit or the rules and regulations of the council pertaining to the operation of and to the extent, character and quality of the service of any such vehicles. Before revocation of the permit, the owner shall be entitled to a hearing thereon before the council, and shall be notified thereof.

B. Notice of hearing on such suspension or revocation shall be in writing, and shall be served at least ten (10) days prior to the date of the hearing thereon, such service to be upon the holder of the permit, or its manager or agent, and the notice shall state the grounds of the complaint against the holder of the permit, and shall also state the time when and the place where the hearing will be held. In the event the holder of the permit cannot be found, or service of the notice cannot be made upon him/her in the manner herein provided, then a copy of the notice shall be mailed, postage fully prepaid, addressed to the owner at his/her last known address, at least ten (10) days prior to the date of the hearing.

C. The council shall have power to determine after hearing all issues relative to granting or denying the owner's permits for taxicabs, automobiles for hire or stands.

(Prior code § 56-0007)

The permits herein mentioned shall entitle the holder thereof to obtain a license to engage in the business described in the permit from the clerk upon payment of a license fee as set by council resolution, which fee shall be payable to the clerk semiannually in advance. Upon receipt of payment, the clerk shall issue to the holder of the permit a license which shall set forth the kind of transportation for which the license is issued and the date of issuance and expiration date of the license.

(Prior code § 56-0008)

Each taxicab operated pursuant to the terms of this chapter shall be numbered to correspond with the number appearing on the license. The number shall be printed upon the body of the taxicab in numbers not less than four inches nor more than six inches in height, in a position approved from time to time by the council.

(Prior code § 56-0009)

It is unlawful for any person to operate any vehicle required by this chapter to obtain a permit, without first obtaining a driver's permit or temporary driver's permit issued pursuant to this chapter, so to do.

A. No driver's permit or temporary driver's permit shall be issued to any applicant who is under the age of eighteen (18) years, or who has, to the knowledge of the chief of police, been convicted of a felony, or of a misdemeanor involving moral turpitude, or of serious California Vehicle Code violations, such as negligent manslaughter and driving while under the influence of drugs and/or alcohol, or found to be a negligent driver by the California State Department of Motor Vehicles.

B. The license inspector shall keep a copy of the driver's permit on file in his/her office. The driver's permit shall constitute evidence of compliance with the terms of this chapter, but shall be subject to all other applicable laws or orders of the city. The driver's permit shall be effective until the expiration date printed thereon, which shall not be later than the thirtieth day of June next following the date of issuance, unless suspended or revoked as herein provided.

C. A renewal driver's permit for a period of one year shall be issued to any permittee without further information upon payment of a renewal fee as set by resolution. No such driver's permit issued hereunder shall be transferable.

(Prior code § 56-0011)

The council, the chief of police or the license inspector shall have the power to revoke or suspend any driver's permit issued hereinunder in the event the holder thereof is found guilty of a violation of any of the provisions of this chapter, or is found guilty of reckless driving, or for the violation of any other law, which violation, in the sound discretion of the officials, shall be deemed sufficient evidence of the fact that the driver is not a competent person to operate the motor vehicle for which the driver's permit was issued. In the event of such revocation or suspension, the driver's permit and such certificate as may be issued in connection therewith shall be, by the holder thereof, immediately surrendered to the chief of police. Such revocation shall not be effective until notice and hearing are had as in owner's permit provisions herein.

(Prior code § 56-0012)

The council shall designate, in any stand permit granted by it, the exact location of the stand in which the taxicab may park. No stand shall be wider than twenty (20) feet on streets where parallel parking is required. Upon the granting of a permit under this chapter, every stand as designated by the council shall be designated by red paint or other red material upon the entire curb surface, with the word "Taxicabs Only" in white letters thereon. It is unlawful for any vehicle to occupy any regularly established taxi stand unless the vehicle is one being operated by the owner to which the taxi stand has been assigned.

(Prior code § 56-0013)

An application fee as set by resolution shall be required to be paid for each stand or change of location thereof for which a permit is applied. All application fees shall accompany the application. All permits granted pursuant to this section shall be nontransferable. When any permit is granted hereunder, the clerk shall issue to the grantee thereof a certificate, giving the name and address of the grantee, the nature of the permit granted, and the date when same was granted.

(Prior code § 56-0014)

In the event that any permit holder desires to change his/her schedule of rates and charges or the color scheme, monogram or insignia used on automobiles for hire or taxicabs, or to substitute any vehicle in place of the vehicle described in the application for permit, or to increase or decrease the number of vehicles used by him/her as automobiles for hire or taxicabs, he/she shall make application for permission to do so from the license inspector, which permission shall be granted by the council in its discretion if the council deems the public interest, necessity and convenience will be subserved by the change, and if the permit holder has complied with all provisions of this chapter.

(Prior code § 56-0015)

Any motor vehicle for which a permit has been issued hereunder shall be operated by the owner, personally, or his/her employee, on his/her behalf, and it is unlawful for any owners or drivers to enter into any contract, agreement or understanding between themselves by the terms of which the driver pays to, or for the account of, the owner a fixed or determinable sum for the use of the vehicles.

(Prior code § 56-0016)

The driver of every vehicle covered by this chapter shall keep a complete and accurate record of each trip upon a daily sheet, showing the time and place of origin and destination of the trip, the number of passengers carried and the amount of fare collected. This record shall be filed daily by the driver with the company by whom he/she is employed, and the record shall be kept on a file available for inspection by the police department for a period of not less than six months.

(Prior code § 56-0017)

A. Every taxicab shall have displayed in a conspicuous place in the passenger compartment thereof at all times a sign stating in clear, legible characters the rates of fares charged for carrying passengers therein, the owner's name or the fictitious name under which he/she operates, the business address and telephone number of the owner, and the license number furnished by the clerk.

B. The driver of every chauffeured limousine shall have in his/her possession at all times rate cards upon which shall be printed the name and address of the owner of the vehicle and the rates authorized to be charged for the chauffeured limousine service. Every person making inquiry regarding the rates charged by the operator of the chauffeured limousine service shall be furnished with a copy of the printed rates.

(Prior code § 56-0018)

All owners or operators of taxicabs and automobiles for hire shall file with the clerk reasonable and uniform tariffs or schedules of fares. It is unlawful to charge, collect or receive any different compensation for the use of the taxicab or automobile for hire than that specified in the tariff or schedule of fares on file and at the time in effect. The tariffs and schedules of fares shall not be amended except with the consent of the council.

(Prior code § 56-0019)

It is unlawful for any owner or driver to drive or operate any taxicab or automobile for hire, unless there is on file with the clerk and in full force and effect at all times while the taxicab or automobile for hire is being operated, a true copy of a policy of insurance or certificate, approved by the council, in a solvent and responsible company, insuring the owner of the taxicab or automobile for hire, giving the manufacturer's motor number and serial number thereof, against loss by reason of injury or damage that may result to persons or property from the negligent operation or defective construction of the taxicab or automobile for hire, or from the violation of this chapter or the laws of the state. The policy shall provide coverage for bodily injury and property damages with not less than five hundred thousand dollars ($500,000.00) combined single limit. The policy of insurance shall guarantee the payment to any and all persons suffering injury or damage to person or property, of any final judgment rendered against the owner, within the limits herein mentioned, irrespective of the financial condition or any acts or omissions of the owner, and shall insure to the benefit of the persons; if at any time the policy of insurance is cancelled by the company issuing the same, the council shall require the owner to replace the policy with another policy or bond as herein provided, satisfactory to the council, and in default thereof may revoke the owner's permit and license.

(Amended during 5-08 supplement; prior code § 56-0020)

All taxicabs or vehicles for hire shall, before being placed into service in the city, be inspected at a California Highway Patrol office or authorized testing station, and secure a certificate for said vehicle indicating it meets all the requirements of the California Vehicle Code as to safety standards.

(Prior code § 56-0021)

A. Every driver of a taxicab who is engaged to carry passengers shall take the most direct route possible that will carry the passengers safely and expeditiously to their destination, unless otherwise directed by a passenger.

B. When a taxicab is engaged, the persons engaging the taxicab shall have the exclusive right to the full and complete use of the passenger compartment, and it is unlawful for the driver of the taxicab to solicit or carry additional passengers therein; provided, however, that where the council finds that public necessity requires the grouping of passengers in taxicabs, the council may issue, after application, special written permit, which permit shall specifically set forth the rules and regulations under which passenger grouping is permitted. It is unlawful for any driver to operate any taxicab in violation of any of the rules and regulations set forth in the special permit.

C. The number of passengers which may be carried in any vehicle covered by this chapter shall be limited to the seating capacity of the vehicle as specified by the manufacturer. No person shall be carried in the vehicle who is required to share in any way the seating space occupied by another, nor shall any person be carried who is required to occupy any space in or on the vehicle which does not provide a seat.

(Prior code § 56-0022)

It is unlawful for any person to drive or operate any taxicab other than one bearing the color scheme, name, monogram or insignia set forth in the application for the permit as provided in this chapter. It is unlawful for any person to change the color scheme, name monogram or insignia without first having obtained the consent of the council.

(Prior code § 56-0023)

Every person holding a permit issued under the terms of this chapter shall at all times be subject to the laws of the state and all provisions of this code not in conflict with this chapter.

(Prior code § 56-0024)

It shall be the duty of the license inspector to enforce the provisions of this chapter.

(Prior code § 56-0025)

It is unlawful for any person to refuse to pay the legal fare for the hire of any automobile for hire or taxicab with the intent to defraud the person from whom it is hired.

(Prior code § 56-0026)