Article IX — MOTOR VEHICLES FOR HIRE

engage in the business of operating or causing to be operated any taxicab or public transportation vehicle for hire in the County of Lake without first having obtained from the Board of Supervisors a Certificate of Public Convenience and Necessity.

(Ord. No. 481, § 2, 1965)

circumstances whatsoever shall any such Certificate of Convenience and Necessity, license or permit provided for herein constitute or be deemed to be a property right or right of livelihood vested in the holder of any such certificate, permit or license.

(Ord. No. 481, § 14, 1965)

(a)

Taxicabs. Any motor propelled vehicle designed for carrying not more than eight (8) persons, excluding the driver, used for the transportation of passengers who direct the route to be traveled over the streets and not operated over a fixed route for compensation. Taxicab does not include vehicles which are regulated by the Public Utilities Commission

(Ord. No. 481, § 1, 1965; Ord. No. 2543, § 1, 10-19-2000)

(b)

Public Transportation Vehicles. Every motor propelled vehicle not otherwise defined in this section used in the business of transporting passengers over the streets of the County of Lake irrespective of whether or not any fee, compensation, or consideration is paid for such transportation, excepting any vehicle which is under the jurisdiction of the Public Utilities Commission.

(Ord. No. 481, § 1, 1965; Ord. No. 2543, § 2, 10-19-2000)

(c)

Person, includes any person, firm, or corporation.

(Ord. No. 481, § 1, 1965)

(d)

Owner. Owner is any person who in any manner has the proprietary use, ownership or control of any passenger carrying motor propelled vehicle.

(Ord. No. 481, § 1, 1965)

contain the following information:

(a)

Name and address of persons making application.

(Ord. No. 481, § 2, 1965)

(b)

Number of vehicles proposed to be operated under the permit requested.

(Ord. No. 481, § 2, 1965)

(c)

Number of vehicles presently being operated, if any.

(Ord. No. 481, § 2, 1965)

(d)

The make, type, year of manufacture, and passenger seating capacity for each vehicle proposed to be operated for which a permit will be requested.

(Ord. No. 481, § 2, 1965)

(e)

The description of the proposed color scheme, insignia, or other distinguishable characteristics of the taxicab to be used.

(Ord. No. 481, § 2, 1965)

(f)

Any further facts which the applicant believes tend to prove that public convenience and necessity require the granting of a permit.

(Ord. No. 481, § 2, 1965)

(g)

Proposed rates to be charged.

(Ord. No. 481, § 2, 1965)

ten (10), nor more than thirty (30) days thereafter, for the hearing of said application before the Board of Supervisors and notice shall be given to the applicant by mail of the time so set at least five (5) days before the date of such hearing.

(Ord. No. 481, § 3, 1965)

(a)

A notice shall be published once in a newspaper of general circulation in the County of Lake, at least ten (10) days prior to the hearing.

(Ord. No. 481, § 3, 1965)

(b)

The applicant shall pay the County Clerk the sum of twenty-five (25) dollars as and for a filing fee.

(Ord. No. 481, § 3, 1965)

hearing, declare by resolution that the public convenience and necessity require the proposed service and that the following conditions exist:

(a)

That the applicant is financially responsible, and that the applicant is of good moral character, or that the officers of said applicant are of good moral character.

(Ord. No. 481, § 3, 1965)

(b)

That the persons holding permits or licenses for the operation of motor vehicles for hire are under the experienced and efficient management earning a fair and reasonable return of their capital devoted to such service.

(Ord. No. 481, § 3, 1965)

(c)

That the applicant has complied with the provisions of all County, State and Federal laws applicable to the proposed operation.

(Ord. No. 481, § 3, 1965)

the creating of an additional certificate and the granting of permits requested thereunder, it shall notify the applicant of its findings. Within sixty (60) days thereafter the applicant shall furnish to the Board of Supervisors any and all additional information which may be required, and if the Board of Supervisors then finds the vehicles proposed to be used by the applicant meet the requirements of this article, the Clerk of the Board shall thereupon issue to the applicant a Certificate of Public Convenience and Necessity.

(Ord. No. 481, § 3, 1965)

necessity does not justify the granting of an additional Certificate, it shall forthwith notify the applicant of said finding.

(Ord. No. 481, § 3, 1965)

date of this article shall be presumed, in the absence of any contrary evidence presented to the Board, to have provided prima facie evidence of public convenience and necessity for the licensing of the taxicab or public transportation vehicles for hire in operation.

(Ord. No. 481, § 5, 1965)

date of this article shall grant a Certificate of Public Convenience and Necessity to such owners for the number of taxicabs or public transportation vehicles held by such owner on the effective date of the article.

(Ord. No. 481, § 5, 1965)

there is in full force and effect and covering each vehicle classified hereunder a policy of insurance in such form as the Board of Supervisors of the County of Lake shall deem proper, executed by an insurance company approved by said Board, which policy shall:

(a)

Name the owner(s) of the public transportation vehicle(s) to be used.

(b)

Describe the vehicle(s) to be used and the passenger capacity of each vehicle.

(c)

Provide a minimum of one million dollars ($1,000,000.00) combined single limit (CSL) public liability and property damage liability coverages.

(d)

Describe the vehicle(s) usage as "taxicab" or "public transportation."

(Ord. No. 481, § 6, 1965; Ord. No. 2137, § 1, 2-2-93)

Editor's note— Ord. No. 2137, § 2, adopted Feb. 2, 1993, amended this Code by repealing subsection 19- 93.2, pertaining to insurance, as derived from Ord. No. 481, § 6, adopted in 1965.

(Ord. No. 2877, § 1, 10-21-2008)

transfer his business, the intended buyer must make application to the County for a Certificate of Convenience and Necessity as required by this article. The seller and holder of the Certificate must file an affidavit of intention to surrender and cancel the existing certificates and licenses conditionally upon and concurrently with consummation of sale and issuance of new certificates and licenses in the name of the buyer.

(Ord. No. 481, § 7, 1965)

of Convenience and Necessity, the County shall issue a new certificate to the buyer and concurrently therewith shall cancel the seller's certificate.

(Ord. No. 481, § 7, 1965)

issued, or in the event said vehicle has been destroyed, said owner is entitled as a matter of right to have a new license issued for the taxicab or vehicle replacing the one so sold or transferred, upon proper application to the County Clerk within forty-five (45) days after such sale, transfer, or destruction.

(Ord. No. 481, § 8, 1965)

being first secured from the County of Lake, Board of Supervisors, the license for such vehicle shall be automatically cancelled and the certificate shall be reduced by one or more, as the case may be.

(Ord. No. 481, § 8, 1965)

of Supervisors if the holder thereof has:

(a)

Violated any of the provisions of this article.

(Ord. No. 481, § 9, 1965)

(b)

Discontinued operations for a period of five (5) days, or more.

(Ord. No. 481, § 9, 1965)

(c)

Has violated any law or statute of the County of Lake, the State of California, or of the United States, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation.

(Ord. No. 481, § 9, 1965)

proposed action to be taken, and shall have an opportunity to be heard by the Board of Supervisors.

(Ord. No. 481, § 9, 1965)

shall be under the supervision and control of the Sheriff of the County of Lake and no owner or driver shall operate, or permit to be operated, any vehicle in the County while said equipment used therein is defective, unsafe, or in any unsanitary condition, and every such vehicle shall be at all times subject to the inspection of any Deputy Sheriff of the County.

(Ord. No. 481, § 10, 1965)

(a)

The Sheriff is hereby authorized and directed to suspend, without previous notice, any vehicle operating pursuant to this article whenever an owner or driver violates any of the herein sections.

(Ord. No. 481, § 10, 1965)

(b)

Any owner may appeal such decision in writing to the Board of Supervisors who shall, after due notice to the owner, conduct a hearing and determine the matter and their decision therein shall become final.

(Ord. No. 481, § 10, 1965)

(c)

The Board of Supervisors may order a continued suspension of such license until such time as the vehicle shall be restored to a safe or sanitary condition.

(Ord. No. 481, § 10, 1965)

the penalty provided herein for violation of this article.

(Ord. No. 481, § 10, 1965)

will take the passenger to their destination safely and expeditiously.

(Ord. No. 481, § 11, 1965)

affixed herein for the use of any vehicle covered by this article.

(Ord. No. 481, § 11, 1965)

transport any person who presents himself, or is presented for carriage in a sober and orderly manner and for a lawful purpose.

(Ord. No. 481, § 11, 1965)

to charge a passenger a fare greater than to that which he is entitled under the provisions of this article. It shall be unlawful for the owner or driver of any vehicle under this article to conduct his business from any place other than the established place of business set forth in the Certificate of Convenience and Necessity.

(Ord. No. 481, § 11, 1965)

first having obtained a written permit or license to do so from the Sheriff. A reasonable fee shall be required to cover the cost of a photograph and badge to be issued and conspicuously worn by the permittee during all working hours. Such badge will not be transferable.

(Ord. No. 481, § 12, 1965)

reasons:

(a)

If the applicant is under twenty-one (21) years or not a citizen of the United States.

(Ord. No. 481, § 12, 1965)

(b)

If the applicant has not resided in the County of Lake for thirty (30) days prior to filing the application.

(Ord. No. 481, § 12, 1965)

(c)

If the applicant does not possess a valid chauffeur's license issued by the State of California.

(Ord. No. 481, § 12, 1965)

(d)

If the applicant is convicted or has been convicted of reckless driving or a crime involving moral turpitude, of driving while under the influence of intoxcating liquors or narcotics.

(Ord. No. 481, § 12, 1965)

(e)

If the applicant violates any of the provisions of this article.

(Ord. No. 481, § 12, 1965)

shall be appropriately designated. The Sheriff shall recommend in writing to the Board for their approval the location of such stands.

(Ord. No. 481, § 13, 1965)

(a)

Before any designation of private stands is made, the written consent thereto must be obtained of the tenant of the ground floor fronting space where each stand is to be located, or in the event said ground floor is not occupied the written consent thereto of the owner of the building or stand must first be obtained.

(Ord. No. 481, § 13, 1965)

any vehicle for hire for which a certificate has been duly issued. The Board of Supervisors may designate stands for specific vehides for hire and shall state which vehicles and which owners are entitled to use those stands. It shall be unlawful for the owner or operator of any vehicle for hire, other than the permittee to use a stand designated specifically to such individual.

(Ord. No. 481, § 13, 1965)

be charged for carrying passengers from point-to-point or on a time basis. The Board of Supervisors of the County of Lake, may from time to time adopt rates by resolution after conducting a hearing thereon, and said resolution shall become of the same force and effect as though incorporated in this article.

(Ord. No. 481, § 16, 1965)

(a)

Each owner and driver operating in the County of Lake shall charge according to the schedule of rates as provided in such resolutions, and it shall be unlawful to charge at any rate other than those set forth therein.

(Ord. No. 481, § 16, 1965)

100.1 In addition to the provisions of this article providing for revocation, suspension, or change, of certificates, licenses or permits, as the case may be, any person violating any of the provisions of this article, shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than five hundred (500) dollars, or by imprisonment for not more than six (6) months, or by both such fine and imprisonment.

(Ord. No. 481, § 15, 1965)

Secs. 19-101—19-110. - Rescued.