Lodi Municipal Code Art. III Drivers

No person shall drive or operate any taxicab within the city unless he/she holds a permit, to be known as a driver's permit, therefor, as provided in this chapter, and no person shall drive or operate a taxicab within the corporate limits of the city under or by virtue of any driver's permit which has been suspended or revoked as provided in this chapter.

(Ord. No. 1930, § 1, 10-19-2016)

Every driver under this chapter shall pay unto the city clerk an annual license fee in the sum prescribed by resolution of the city council, as amended from time to time. Owner-drivers who pay the owner's permit fee shall have the driver's permit fee waived. The fee shall be due and payable the first day of January of each year and shall be delinquent thirty days thereafter.

(Ord. No. 1930, § 1, 10-19-2016)

A. A driver's permit or renewal thereof shall be issued to each applicant complying with the provisions of this chapter; such permit shall be issued by the city clerk pursuant to a finding by the chief of police that the applicant for a permit or for renewal is a person of good character, and one who will not endanger the public interests and safety.

Applicants shall be subject to a criminal background check prior to the issuance of a driver's permit. Thereafter a licensee shall be subject to a criminal background check upon request of the chief of police or designee.

B. An applicant or licensee who, within the past ten years, has been convicted of any of the below-listed offenses is not eligible to be granted or hold a driver's permit:

1. A felony, or of any crime under the laws of this state that would amount to a felony;

2. Any crime in this state or elsewhere in which fraud or intent to defraud was an element;

3. Unlawfully possessing or distributing controlled substances as defined in the laws of the state or elsewhere;

4. Any sex offense or crime involving moral turpitude; or

5. Driving while under the influence of alcohol or drugs.

C. The applicant must hold a valid and appropriate driver's license issued by the department of motor vehicles of the state, under the Vehicle Code of the state.

D. The applicant, or licensee upon request, must be fingerprinted by the Lodi Police Department.

E. Any person having been denied a driver's permit may appeal such decision as set forth in Section 5.24.320.

F. Drivers operating as an independent contractor shall submit proof of a current city of Lodi business license and/or home occupation permit as required in Section 17.36.060 and ensure that their business activities do not violate any land use or zoning laws.

G. It shall be sufficient grounds to deny or revoke a driver's permit if any person fails to disclose any relevant information, or provides false or misleading information pursuant to this section.

(Ord. No. 1930, § 1, 10-19-2016)

No person driving or operating a taxicab shall, while operating such vehicle, do the following:

A. Fail to maintain the qualifications required for an operator's permit under this chapter;

B. Refuse without good cause to accept as a passenger any person desiring transportation who shall tender money sufficient to pay the fare to their stated destination;

C. Transport passengers to their stated destination over an unnecessarily circuitous route;

D. Refuse to load and unload for any passenger such hand baggage as may not exceed the reasonable internal capacity of the vehicle, and such other baggage as may not reasonably exceed its capacity in trunk or top; or, after being requested, refuse to carry such baggage to or from such buildings as the passenger may enter or leave;

E. Make false representations by word, act, conduct, or appearance regarding the name or identity of persons owning or leasing the taxicab he operates, or regarding his own identity; or refuse to give his name and the number of his vehicle to any person requesting them;

F. Refuse or fail, after being requested, to give a receipt for any fare paid;

G. Fail or neglect to report to the police department within twenty-four hours all property left in his vehicle by any passenger; or

H. Charge passengers in excess of the posted rate or fee.

(Ord. No. 1930, § 1, 10-19-2016)

No person shall be issued, or have renewed, a driver's permit until they have presented certification to the city clerk that they have tested negative for alcohol (breath alcohol concentration of less than 0.02 percent) and each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations. The date of testing shall be within ten days of the date of issuance or renewal of a driver's permit. Test results are confidential and shall not be released without the consent of the applicant, except as authorized or required by law. Cost for such testing is the obligation of the applicant or employer of the applicant.

(Ord. No. 1930, § 1, 10-19-2016)

Applicant shall show a valid California driver's license at the time and place of testing. Testing procedures shall be substantially as set forth in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations. The city may at random require a permitted driver to be retested. If such a test is required by city, city shall pay the cost for such testing.

(Ord. No. 1930, § 1, 10-19-2016)

Upon the request of a driver applying for a permit, or renewal, the city clerk shall give the applicant a list of the consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations that the city clerk knows offers tests in or near the city.

(Ord. No. 1930, § 1, 10-19-2016)

Any person issued a taxicab driver's permit who subsequently is convicted of any felony or misdemeanor offense, or who ceases to possess a valid state of California driver's license of the class required by state law for the type of motor vehicle such person drives, shall immediately so inform the chief of police and his or her employer.

(Ord. No. 1930, § 1, 10-19-2016)

A. The chief of police may suspend, for a period not to exceed thirty days, and may revoke a driver's permit if the permittee:

1. Misrepresents facts relevant to the fitness of the driver if such misrepresentation becomes known after a permit has been issued;

2. Violates the traffic laws of the city, county or state;

3. Is convicted for misdemeanor reckless driving;

4. Drives a taxicab known to the operator not to be in good order and repair;

5. Knowingly falsifies material and relevant facts on an application for a taxicab permit;

6. Is convicted or pleads nolo contendere to the violation of any law involving alcohol;

7. Is convicted or pleads nolo contendere to the violation of any law involving moral turpitude;

8. Operates any vehicle in a manner which constitutes a misdemeanor under the laws of the state of California; or

9. Repeatedly fails to comply with the applicable provisions of this chapter or the rules and regulations prescribed by the chief of police.

B. The chief of police shall immediately suspend, for a period not to exceed thirty days, and may revoke a taxicab driver's permit of any driver upon the receipt of information reasonably sufficient and reliable to establish that the driver has committed a violation of law involving:

1. A felony;

2. A sex offense;

3. Soliciting for prostitution;

4. A narcotics offense; or

5. Has had a license to drive issued by the state of California either suspended or revoked by the state.

C. The chief of police shall immediately revoke the taxicab driver's permit if that driver has been found guilty by final judgment of a court of competent jurisdiction of a violation of the law involving:

1. A felony;

2. A sex offense;

3. Soliciting for prostitution; or

4. A narcotics offense.

D. Upon suspension or revocation, the driver shall immediately surrender the taxicab driver's permit to the chief of police. In the event of suspension, the chief of police shall return the taxicab driver's permit to its driver immediately after termination of the suspension period.

(Ord. No. 1930, § 1, 10-19-2016)

Every taxicab driver whose permit has been suspended or revoked shall have the right to appeal such decision as provided in Section 5.24.320.

(Ord. No. 1930, § 1, 10-19-2016)

Taxicab driver's permits shall become void upon termination of employment. The employer shall notify the city upon termination of employment. Taxicab driver permits shall be returned to the city upon termination of employment or a determination of revocation.

(Ord. No. 1930, § 1, 10-19-2016)