La Puente Municipal Code Art. II Taxicab Drivers

No person shall operate or drive a taxicab which accepts passengers for transportation within the city of La Puente without first obtaining a valid taxicab driver’s permit issued under the provisions of Chapter 5.08 of this title. If any of the provisions of Chapter 5.08 of this title conflict with the provisions of this chapter, the provisions of this chapter shall prevail as to all matters and questions arising out of the subject matter of this chapter.

(Ord. 788 § 28 (part), 1999)

In addition to the information required in Section 5.08.030(a) of this title, an applicant for a taxicab driver’s permit shall furnish the following information:

(a) A photograph of the applicant;

(b) Proof of a current valid California driver’s license;

(c) Proof that the applicant is at least eighteen years of age;

(d) Written documentation that the applicant has successfully passed a controlled substance and alcohol test which adheres to the requirements of Government Code Section 53075.5(b)(3);

(e) Written documentation from a taxicab operator issued an operator’s permit to conduct business in the city of La Puente that the applicant will be hired or is employed as a taxicab driver upon issuance of a taxicab driver’s permit; and

(f) Any other relevant information that the director deems necessary.

Once an application is determined to be complete, it shall be filed and accepted for processing and review. The director has responsibility to grant or deny a taxicab driver’s permit. An application which is not complete shall be returned to the applicant along with a list of the deficiencies. The application shall be deemed abandoned if, within ten calendar days from the first class mailing of any notice from the city, the application is not received by the city with all of its defects entirely corrected.

(Ord. 788 § 28 (part), 1999)

Every applicant for a taxicab driver’s permit shall be required to take an examination, developed and administered by the city, which tests whether the applicant possesses the qualifications necessary to operate a taxicab, including the applicant’s ability to communicate in English.

(Ord. 924 § 2, 2013: Ord. 788 § 28 (part), 1999)

The director shall grant a driver’s permit only if he or she finds that there is no reason to deny the permit under Section 5.08.060(b) of this title and that all of the following requirements have been met:

(a) The applicant has not been convicted of a felony or a misdemeanor involving moral turpitude;

(b) The applicant has not been convicted for reckless driving or driving under the influence of intoxicating liquors or narcotics or other illegal drugs;

(c) The applicant has not been convicted or pleaded guilty or no contest to two or more moving violations under the State Vehicle Code within the preceding two-year period;

(d) The applicant has the physical ability to safely operate a taxicab;

(e) The applicant successfully passed the examination required by Section 5.48.220 of this chapter;

(f) The applicant successfully passed the controlled substance and alcohol test required by Section 5.48.210(d) of this chapter;

(g) The applicant has a current valid California driver’s license;

(h) The applicant is employed or has an offer to be employed by a taxicab operator which has an operator’s permit to operate in the city of La Puente; and

(i) The applicant meets any other applicable requirements in this chapter.

(Ord. 788 § 28 (part), 1999)

The director’s decision may be appealed to the city council pursuant to the provisions of Section 5.08.030(d) of this title.

(Ord. 788 § 28 (part), 1999)

Upon approval of a taxicab driver’s permit, the director shall issue a taxicab driver’s permit, which shall be in the form of a card, containing the price of the permit and the permittee’s name, photograph and right index fingerprint, and name of employer.

(Ord. 788 § 28 (part), 1999)

Taxicab driver’s permits are personal in nature and may not be transferred.

(Ord. 788 § 28 (part), 1999)

The director may condition the taxicab driver’s permit to ensure that the permit shall comport with the public health, safety and welfare.

(Ord. 788 § 28 (part), 1999)

(a) Driver’s License. Every taxicab driver, while in charge of, or driving, a taxicab, shall have in his or her possession a valid and current driver’s permit issued by the California Department of Motor Vehicles.

(b) Presentment of Driver’s Permit. The taxicab driver shall post the taxicab driver’s permit in a permanent fixture in prominent view of passengers in the taxicab.

(c) Radio. A taxicab driver shall keep the radio tuned to the correct frequency for the area in which the taxicab is operating so that it shall be audible to the driver at all times the taxicab is available for service.

(d) Manner of Soliciting Customers. A taxicab driver shall not solicit a customer’s patronage on any public street in a loud or annoying manner.

(e) Destination. A taxicab driver shall not inquire of trip destination until a passenger is seated in the taxicab. A taxicab driver shall comply with the instruction of a passenger regarding destination and shall not attempt in any way to influence destination.

(f) Direct Route. A taxicab driver shall use the most direct available route on all trips unless otherwise specifically requested by the passenger.

(g) Rates and Fares Charged.

(1) A taxicab driver shall not solicit, demand or arrange for any compensation in an amount greater or lesser than the schedule of rates specified in the taxicab operator’s permit. No rate other than that approved by the city shall be charged, demanded, or collected for taxicab service originating in the city, regardless of whether the destination of such service is within or beyond the corporate boundaries of the city.

(2) Fares shall not exceed the amount shown on the taxicab meter, plus any lawful surcharges. Fares shall not be calculated based upon the number of persons transported in the vehicle.

(h) Records. A taxicab driver shall make an accurate, legible record of all trips and all service calls including time and location of pick up, directed to him or her by dispatching personnel, as they occur. The information shall be recorded on waybills, shall be complete as to all items indicated and shall reflect appropriate information for all responses including “no goes” or ‘‘no loads.’’ Such records shall be available for inspection by the director and the Los Angeles County sheriff’s department for at least six months.

(i) Refusal to transport a passenger. A taxicab driver shall not refuse to transport any passenger requiring transportation except:

(1) When the driver has already been dispatched on another call;

(2) When the passenger appears to be a disorderly person;

(3) When the passenger requires use of a stretcher; or

(4) When the passenger can, upon request, show no ability to pay fare.

(j) Occupied Cabs. A taxicab driver shall not accept any passenger while in route to fill an order, nor accept any additional passengers while the taxicab is engaged unless so directed by an occupant of the taxicab.

(k) Language. Taxicab drivers shall not use foul or abusive language toward passengers.

(l) Receipt. Every taxicab driver shall issue a receipt for the taxi fare when requested by the passenger.

(m) Coupons. Every taxicab operating in the city shall comply with all provisions of the city’s taxi coupon program as adopted by the council and shall accept taxi coupons issued by the city of La Puente at full face value from passengers.

(n) Compliance with Code. Taxicab drivers shall comply with all of the provisions of the city of La Puente Municipal Code, including the city’s nondiscrimination ordinances.

(o) Taximeter Display. The driver of a taxicab while engaged in carrying any passenger shall cause the meter to display the “HIRED” position so as to denote that such vehicle is employed; and shall not cause the taximeter to be in a recording position when such vehicle is not actually employed, or fail to place the taximeter in a non-recording position at the termination of each and every service.

(p) Evaluation Forms. “Taxi service evaluation forms” as designated by the city, shall be available for passengers in an easily accessible location in the taxicab.

(q) Cooperation with Law Enforcement. Every taxicab operating in the city shall cooperate with the Los Angeles County sheriff’s department and city staff during enforcement operations.

(r) Taxicab Zone. Only one taxicab per permitted operator shall wait in any taxicab zone at any time.

(s) Taxicab Operator.

(1) No taxicab driver shall operate a taxicab in the city of La Puente into which passengers are accepted for transportation unless such driver is employed by, or associated with, a taxicab operator issued an operator’s permit to do business in the city of La Puente.

(2) No taxicab driver shall knowingly work for or drive for a taxicab operator who does not comply with the provisions in this chapter.

(Ord. 788 § 28 (part), 1999)

Upon termination of employment, the taxicab driver shall return the permit to the city of La Puente. Said permit will be null and void.

(Ord. 788 § 28 (part), 1999)

In addition to the grounds set forth in Section 5.08.110 of this title, any permit issued pursuant to this chapter may be modified, suspended or revoked if:

(a) The taxicab driver failed to comply with the provisions of this chapter;

(b) The permittee has been convicted of a felony, reckless driving, pandering, the use, sale, possession, or transportation of narcotics or illicit intoxicating liquors, or for assault or battery, or for driving under the influence of alcohol or narcotics;

(c) The permittee has been convicted of, or plead guilty or no contest to, two or more moving violations within the preceding two-year period;

(d) The permittee has a record of service complaints, including but not limited to, an inability to locate destinations, overcharging for trips, speeding, unsafe driving, rudeness, or late arrivals for pick-ups; or

(e) The permittee’s operation of a taxicab is detrimental to the public health, safety and welfare.

(Ord. 788 § 28 (part), 1999)

Where the conduct or activity of the permittee creates an imminent peril to the public health, welfare, or safety, the permit may be summarily suspended by the director or the city manager upon written notice to the permittee stating the basis for the suspension. Any temporary emergency suspension pursuant to this paragraph shall not exceed fifteen days pending a hearing in a manner consistent with Section 5.08.100 of this title.

(Ord. 788 § 28 (part), 1999)

(a) Generally. Any person violating any of the provisions of this chapter and/or any condition or continuing obligation imposed by any taxicab operator’s permit, taxicab driver’s permit, or vehicle permit granted or issued is punishable pursuant to Section 1.08.040 of this code. Where the conduct subject to the violation is of a continuing nature, each day that the conduct continues constitutes a separate and distinct violation.

(b) Rules and Regulations Promulgated by the Director. The director shall have the power and authority to promulgate rules and regulations for the implementation and enforcement of the provisions of this article, and when duly promulgated, such regulations shall be in full force and effect. Violations of such regulations shall constitute a violation of this code and shall be punishable in the same manner and to the same extent as other violations of this code.

(c) Impounding Taxicab. The Los Angeles County sheriff’s department is authorized to impound the taxicab of any person violating the provisions of Sections 5.48.010 and 5.48.200 of this chapter.

(1) If the person from whom the vehicle is impounded is not the owner, the director shall immediately give notice to the owner by first-class mail of the impounding of the vehicle. The notice shall state that the owner may file a written request with the director for a hearing before the city manager, or the city manager’s designee, to determine whether probable cause exists for the vehicle’s impoundment. Such hearing shall be held within forty-eight hours of the director’s receipt of the owner’s request.

(2) The impounded vehicle shall be immediately returned to the owner without cost if the citation issued is not prosecuted or is dismissed, the owner is found not guilty of the offense, or it is determined that the vehicle was used in violation of Section 5.48.010 or Section 5.48.200 of this chapter without the knowledge and consent of the owner. Otherwise, the vehicle shall be returned to the owner upon full payment of the citation.

(3) At any time, the owner of the impounded vehicle may make a motion in municipal court for the immediate return of the vehicle on the ground that there was no probable cause for the impoundment of the vehicle or that there is some other good cause for the return of the vehicle, as determined by the court.

(4) If the city has not received payment in full of the citation or as ordered by the city manager within six weeks of either: the date of the citation; the date of the notice to owner; or the date of any hearing, the city may dispose of the vehicle, in accordance with Section 1411 of the California Penal Code.

(Ord. 788 § 28 (part), 1999)