Lodi Municipal Code Art. II Owners

No individual or company shall operate any taxicab on or over any streets of the city without having first obtained approval from the city clerk.

Every vehicle used by an owner in transportation for compensation shall be licensed, inspected, and insured annually as set forth in this chapter.

(Ord. No. 1930, § 1, 10-19-2016)

The owner or lessee of any taxicab obtaining any permit under this chapter shall pay unto the city clerk a permit fee as prescribed by the city. No permit issued under the provisions of this chapter shall be valid until the city clerk endorses thereon an acknowledgment of the payment of the fee for the current year. Such fee shall be due and payable to the city clerk on the first day of January of each year and delinquent thirty days thereafter.

(Ord. No. 1930, § 1, 10-19-2016)

Any permit issued under this chapter shall expire at the end of the calendar year in which it is issued; provided, that the fee therefor is paid in accordance with the provisions of this chapter. Unless suspended or revoked, it shall be renewed upon application for renewal as set forth in Section 5.24.230.

(Ord. No. 1930, § 1, 10-19-2016)

The owner's permit required by this chapter shall be granted in writing by the city clerk, upon a satisfactory showing by the applicant that:

A. Applicant has submitted a financial statement which has been reviewed by the finance director. The purpose of this requirement is to insure that the applicant or permit holder makes use of the permit and that the permit is obtained and used by the person or entity identified in the application documents rather than an undisclosed third party.

Initial applications shall include:

1. A statement of all assets, liabilities, and equities of the taxicab business or owner; and

2. A statement of the expected revenues and expenses of the taxicab business operation for the next year.

Renewal applications shall include:

1. A statement of all assets, liabilities, and equities of the taxicab business as of the application date;

2. A statement of the actual revenues and expenses of the taxicab business for the past year; and

3. A statement of the expected revenues and expenses of the business for the next year.

B. Applicant has submitted evidence of insurance coverage as set forth in Section 5.24.080

C. The applicant's vehicle or vehicles are possessed of the following qualifications as determined by the chief of police:

1. The vehicle must meet all requirements of the Vehicle Code of the state in regard to equipment and mechanical condition. Further, it must be maintained in a safe, clean, and sanitary condition throughout as set forth in Sections 5.24.250 through 5.24.310.

2. The vehicle must bear, visibly painted in a distinctive color, in figures at least three inches high, a number of one or two digits, which number shall not be the number of any other vehicle earlier granted a vehicle permit under this chapter. The number shall be specified in the application and noted on the permit. The vehicle must also bear, visibly painted in a distinctive color, in letters at least one and one-half inches high, the name of the owner or lessee thereof.

3. The vehicle must carry in a conspicuous position within its passenger compartment a clear, intelligible, and legible statement of the fares or charges to be made in connection with the use of the vehicle. A copy of such fares and charges shall be filed with the city clerk as well.

4. A taxicab over the entire exterior normally covered with paint must be painted in a distinctive color or system of colors; and the color or system of colors shall be so selected that the vehicle may not reasonably be confused with any ordinary private vehicle.

D. The applicant shall provide annually a list and photograph, prepared under oath, of all vehicles to be used in transportation for compensation, and/or which have been used in transportation for compensation during the preceding year. The list shall identify each vehicle by year, make, model, license plate, and vehicle identification number.

E. The applicant possesses a current city of Lodi business license and/or home occupation permit as required in Section 17.36.060.

F. The applicant's business activities do not violate any land use or zoning laws, including, but not limited to the prohibition of parking, storing, dispatching, or repairing commercial vehicles in a residential zoning district pursuant to Sections 17.36.060(B)(2)c., 17.36.060(B)(2)(i), and 17.36.060(C)(10).

(Ord. No. 1930, § 1, 10-19-2016)

No person owning or leasing a taxicab shall, while such vehicle owned or leased is being operated, do the following:

A. Fail to maintain as to such vehicle the qualifications required for a permit for such vehicle under this chapter;

B. Do any act, or employ any person to do any act, which would be forbidden by Section 5.24.150 if done by a person driving or operating a taxicab; or

C. Rent or lend the vehicle to any person who operates it, or permit any person to operate it, except himself or his duly authorized agent.

Prior to placing any new or additional vehicle into service, the owner shall:

D. Inform the city clerk in writing of the acquisition or transfer of the vehicle into taxicab operations;

E. Provide the date upon which such vehicle will be put into service;

F. Provide all information required under Section 5.24.060D.;

G. Provide proof of inspection as required in Section 5.24.250;

H. Provide proof of insurance as required in Section 5.24.080; and

I. Provide any other information requested by the city clerk related to such vehicle, its ownership, or use in the owner's business operations.

(Ord. No. 1930, § 1, 10-19-2016)

In order to ensure the safety of the public, it is unlawful for any person who owns a taxicab to allow it to be operated or driven or to obtain a permit for its operation under this chapter unless and until such person has complied with the provisions of this section.

The owner or lessee of any taxicab must secure their ability to answer to any claim for damage to person or property which may arise by reason of the operation of any vehicle as follows:

A. General liability insurance in the minimum limits of not less than one million dollars for injury or death to any person and not less than two million dollars for injury or death of more than one person in the same accident;

B. Automobile insurance in the minimum limits of not less than five hundred thousand dollars;

C. Insurance for property damage in the minimum limits of not less than fifty thousand dollars; and

D. A certificate evidencing such insurance shall be filed with the city's risk manager and shall name the city, its officers, agents, and employees as additional insureds.

Any person or entity issued a permit pursuant to this chapter shall, and by acceptance of the permit does, to the maximum extent permitted by law, agree to indemnify and hold harmless the city of Lodi, its officers, employees, and agents from any and all damages, claims, liabilities, costs, suits, or other expense resulting from and arising out of the permit holder's operations.

(Ord. No. 1930, § 1, 10-19-2016)

The owner's permit required by this chapter may be revoked or suspended if one or more of the following conditions exist:

A. The qualifications required for the granting of the owner's permit are no longer met by the permittee or the permittee's vehicle or vehicles;

B. The permittee has been convicted of any violation of restrictions imposed upon the permittee as owner or lessee under this chapter, or the permittee has become bankrupt;

C. The permittee has failed to maintain his/her vehicle or vehicles as required in Sections 5.24.250 to 5.24.310; or

D. The permittee is in violation of any of the provisions of this chapter.

(Ord. No. 1930, § 1, 10-19-2016)

For the purpose of ascertaining whether any cause exists for the suspension or revocation of an owner's permit under this chapter, the chief of police may, and on direction of the city council or upon complaint shall, cause strict inquiry to be made into the conduct of the permittee, the sufficiency and validity of the permittee's security, and the conditions of the permittee's vehicle or vehicles.

An owner's permit may be revoked for any cause which would have warranted denial thereof in the first instance, for a failure to comply with any of the provisions of this chapter, a failure to comply with any conditions imposed upon the owner's permit or when taxicab business operations have ceased for ten consecutive days. If an owner's permit is granted and operation of the service for which the permit is granted does not commence within four months of the date of the approval thereof, the permit shall be automatically null and void. A revocation may be appealed through the procedure set forth in Section 5.24.320. If the owner's permit is revoked, the holder of the permit shall not reapply for six months from the date of revocation.

(Ord. No. 1930, § 1, 10-19-2016)

Any owner's permit issued under the provisions of this chapter may be sold, assigned, leased, transferred or inherited as other property only upon written authorization of the city clerk. In the event a permit is transferred, the transferee must satisfy all requirements of this chapter prior to engaging in taxicab business.

(Ord. No. 1930, § 1, 10-19-2016)