Los Altos Municipal Code Ch. 4.40 Taxicabs

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

A.

"Taxicab" shall mean and include every motor vehicle of a distinct color or commercial appearance used in the business of carrying passengers for hire, and which is rented from a public or a private garage or any fixed stand or location, and the destination and route of which are under the control of the passenger being carried therein.

B.

"Automobile for hire" shall mean and include every motor vehicle of private appearance not equipped with a taxi meter and which his operated and hired from a public or a private garage only, and the destination and route of which are under the control of the passenger being carried therein, for a compensation which is fixed in accordance with the distance traveled, waiting time, or both. No automobile for hire shall be painted a distinctive color for the purpose of identification.

C.

"Owner" shall mean and include every person, firm or corporation owning or controlling any taxicab or automobile for hire.

D.

"Driver" shall mean and include every person in actual charge and control of any taxicab or automobile for hire as the driver thereof.

E.

"Stand" shall mean and include a portion of the street designated by the council for the sole use of taxicabs while waiting for employment.

F.

"Taxi meter" shall mean and include a mechanical instrument or device by which the charge for hire of a passenger-carrying vehicle is mechanically calculated and receipted for, either for distance traveled or for waiting time, or both, and upon which such charge is indicated by means of figures and a printed receipt.

(Prior code § 4-7.01)

It shall be unlawful for any person to operate, or cause to be operated, at any point in the city any taxicab or automobile for hire unless there shall have been issued an owner's permit to the owner and a driver's permit to the driver thereof, and unless each such permit shall be in full force and effect.

(Prior code § 4-7.02)

Any owner desiring to obtain the permit required by Section 4.40.020 of this chapter shall make application therefor to the city manager. The application shall be verified under oath and shall set forth:

A.

The name, age, business address and residence; if a corporation, its name, date and place of incorporation, address of its principal place of business, and the names of its principal officers, together with their respective addresses; or if a partnership, association or unincorporated company, the names of the partners, or the persons comprising the association or company, with the place of business and residence of each partner or person;

B.

A description of each motor vehicle which the applicant proposes to use giving the name, year, make and type and seating capacity if in excess of five and the color scheme, name, monogram or insignia which the applicant proposes to use with respect to said vehicle;

C.

The street number and exact location of the public or private garage from which each such vehicle is to be operated;

D.

A schedule of the rates of fare to be charged for carrying passengers;

E.

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

F.

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

G.

Such further information as the city manager, or such official of the city to whom the applicant may be referred, may require; and

H.

That each of the applicant's taxicab will be equipped with a taxi meter which will correctly compute, indicate and receipt for the amount charged, distance traveled, and/or the time elapsed, and shall be affixed to the taxicab in such manner that the reading dial showing the amount to be and being charged shall be readily discernible from the passenger compartment during all times that such taxi meter is operating.

(Prior code § 4-7.03)

A.

In addition to the failure to set forth the information required by Section 4.40.030 of his chapter, the city manager shall deny the owner's permit required if it shall appear to its satisfaction that any motor vehicle proposed to be operated is inadequate or unsafe or that the applicant has been convicted of a felony or a violation of any narcotic law, or of any penal law involving moral turpitude.

B.

The applicant must affirmatively show that public convenience and necessity will be served, and further, the city manager may deny the granting of any permit to operate any public motor vehicle in the city for the reason that there is insufficient public need or demand for the operation of the vehicle for which a permit has been applied, or for any reasonable cause which, within its sound discretion, renders the proposed operations undesirable or inadequate to the city.

(Prior code § 4-7.04)

In the event that the applicant has designated a stand, that said stand will not congest or interfere with travel on any public street.

(Prior code § 4-7.05)

It shall be unlawful for any driver to operate or drive any taxicab or automobile for hire unless the owner thereof has obtained a permit and license therefor as herein required, and such driver has obtained a driver's permit as herein provided, and both of said permits are in full force and effect. The application for such driver's permit shall be made to the city manager, shall be in writing and in duplicate, and the original thereof shall be duly acknowledged before some person lawfully authorized to administer oaths. Such original shall forthwith be transmitted to the city manager. The application shall set forth the name, age and address of the applicant, his past experience in operating automobiles, the name and addresses of his employers during the preceding period of three years, and the number of his chauffeur's license, whether or not a chauffeur's license issued to him by the state or any other state or governmental agency has every been revoked, the name and address of the owner by whom he is to be employed as a driver (said owner shall endorse the application), and such additional information as the city manager may require.

(Prior code § 4-7.06)

Every applicant for a driver's permit shall possess the proper California driver's license for the class of vehicle to be driven. Every driver's permit issued hereunder shall set forth the name of the owner by whom said driver is employed and shall automatically be revoked at any time as said driver ceases to be in the employ of the owner. Upon the termination of said employment the driver shall forthwith surrender the driver's permit to the city. No driver's permit issued hereunder shall be transferable.

(Prior code § 4-7.07)

The city manager shall have the power to revoke or suspend any driver's permit issued hereunder in the event the holder thereof shall be found guilty of a violation of any of the provisions of this chapter or shall be found guilty of reckless driving or for the violation of any other law, which violation, in the sound discretion of said officials, or either of them, 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 of a driver's permit, such certificate as may be issued in connection therewith shall be forthwith surrendered by the holder thereof to the city manager.

(Prior code § 4-7.08)

It shall be unlawful for the owner or driver of any taxicab or automobile for hire to park or stand the same upon any public highway in the city any period of time longer than is necessary to discharge or receive

passengers then occupying or then waiting for such taxicab or automobile for hire; provided, that a taxicab may park in a permitted stand.

(Prior code § 4-7.10)

A.

For each taxicab permit which is granted by the city manager, there shall be a fee payable to the city as follows:

Taxicab fee. Fifty dollars ($50.00) per year for the first taxicab, and ten dollars ($10.00) per year for each and every additional taxicab used or operated in the area;

Driver's permit fee. An application fee in the sum of one dollar ($1.00) shall be required to be paid by each applicant for a driver's permit, said fee to accompany the application.

B.

All permits granted pursuant to this chapter shall be nontransferable.

(Prior code § 4-7.11)

When any permit is granted hereunder, the city manager shall issue to the grantee a certificate giving the name and address of the grantee, the nature of the permit granted, and the date when the same was granted.

(Prior code § 4-7.12)

Every person carrying passengers for hire in any motor vehicle in the city shall obtain a license therefor and pay the license fee provided for by Chapter 4.04 of this title. Said license shall be issued in the same manner provided by this code for other licenses of the city but not until a permit for the use of such motor vehicle has been obtained as provided in this chapter.

(Prior code § 4-7.13)

The services of a taxicab operating pursuant to any permit granted hereunder shall be available only upon telephone call, engagement of the taxicab when parked at a regular stand, or when hailed from the street, sidewalk or curb, but not otherwise. It shall be unlawful for any taxicab driver, owner, or agent to solicit passengers.

(Prior code § 4-7.14)

Any owner having a permit for the operation of a taxicab or automobile for hire may substitute another motor vehicle for that for which the permit was granted, but before doing so, he shall obtain and file with the city manager the consent of the surety on his bond or the insurer on his policy of insurance to such substitution. No substitution shall continue longer than seven days unless a permit shall be obtained from the city manager for the substituted motor vehicle.

(Prior code § 4-7.15)

A.

Each owner or driver of a taxicab operated in the city pursuant to this chapter shall equip such taxicab with a taxi meter of such type and design as may be approved by the city manager. The owner of such taxicab shall keep the taxi meter accurate at all times, and such meter shall be subject to inspection from time to time. The city manager or his duly appointed agent, or any police officer of the city is authorized at his instance or upon the complaint of any person to investigate such taxi meter, and upon discovery of any inaccuracy of such taxi meter, to remove or cause to be removed from service any vehicle equipped with such taxi meter until the taxi meter shall have been repaired and accurately adjusted.

B.

The charge for any service to all patrons of a taxicab shall be calculated, indicated and receipted for by a taxi meter, which shall be placed in each vehicle so operated so that the reading dial showing the amount to be charged shall be well lighted and readily discernible by the passenger riding in the taxicab.

C.

It shall be unlawful for any driver of a taxicab, while carrying passengers, to display the "flag" attached to the taxi meter in such a position as to denote that such vehicle is not employed, or to fail to throw the flag of the taxi meter to the "home" or "for hire" position at the termination of each and every service.

D.

It shall be unlawful for the driver of any taxicab, upon receiving full payment for a fare as indicated by the taxi meter, to refuse to give the meter receipt upon the request of any passenger making such payment.

(Prior code § 4-7.16)

Every taxicab and automobile for hire shall have displayed in a conspicuous place in the passenger compartment at all times a sign stating in clearly legible character the rates of fare charged for carrying passengers therein, the owner's name or the fictitious name under which he operates, the business address and telephone number of the owner, and the license number furnished by the city manager.

(Prior code § 4-7.17)

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

(Prior code § 4-7.18)

It shall be unlawful for any owner to drive or operate, or cause to permit to be driven or operated, any public motor vehicle in the city unless such owner shall have placed on file with the city manager a written certificate of a responsible and solvent corporation authorized to issue such policy under the laws of the state that it has issued to or for the benefit of the owner a motor vehicle liability policy which, at the date of said certificate, is in full force and effect, and designating therein that any and all public motor vehicles which may be driven or operated under any permit granted to such owner under the provisions of this chapter are, or will be, covered under said policy.

(Prior code § 4-7.19)

A.

The motor vehicle liability policy required under the provisions of Section 4.40.180 of this chapter shall insure the owner, as defined herein, and any other person using or responsible for the use of any such vehicle, with the consent, express or implied, of such owner against loss from the liability imposed upon such owner by law for injury to or death of any person, or damage to property growing out of the maintenance operation or ownership of any public motor vehicle to the amount or limit of twenty-five thousand dollars ($25,000.00), exclusive of interest and costs, on account of injury to, or death of any one person, of fifty thousand dollars ($50,000.00), exclusive of interest and costs, on account of any one accident result in injury to or death of more than one person, and of ten thousand dollars ($10,000.00) for damage to property of others, resulting from any one accident.

B.

The motor vehicle liability policy shall insure to the benefit of any and all persons suffering loss or damage either to person or property, and the liability of the insurance carrier shall be in no manner abrogated or abated by the death of the tort feasor and/or the owner.

(Prior code § 4-7.20)

Every certificate required under the provisions of this chapter shall certify that the motor vehicle liability policy therein cited shall not be cancelled except upon ten (10) days' prior written notice thereof to the city manager. The motor vehicle liability insurance shall be a continuing liability up to the full amount thereof, notwithstanding any recovery thereon, and said certificates thereof shall so certify. All motor vehicle liability policies and all certificates thereof shall be subject to the approval of the city manager and the city attorney in any and all matters and if, at any time, in the judgment of the city manager, the motor vehicle liability policies are not sufficient for any cause, the city manager may require the owner of such public motor vehicle who filed the same to replace said motor vehicle policies within ten (10) days with other policies in accordance with the provisions of this chapter. If said owner fails to replace said motor vehicle policies within the ten (10) day period with good and sufficient policies, then at the termination of the period the owner's permit issued hereunder shall be by such failure automatically suspended until such time as said requirement is complied with, and the city manager shall enforce such suspension.

(Prior code § 4-7.21)

Subject to the approval of the city manager, the owner of any taxicab operated under the provisions of this chapter may file a bond of a responsible and solvent corporation authorized to issue such bonds under the laws of the State containing the conditions and giving the protection required in the motor vehicle liability policy required by Sections 4.40.180, 4.40.190 and 4.40.200 hereof, in lieu of either all or part of the insurance coverage required by said sections. In the event of the filing of a bond under the provisions of this section, the applicable provisions of said Sections 4.40.180, 4.40.190 and 4.40.200 of this chapter shall govern the furnishing of such bond and the owner filing it.

(Prior code § 4-7.22)

It shall be unlawful for any owner or driver to operate, or cause to be operated, any taxicab, automobile for hire or motor bus while the same or any of the equipment used thereon or therewith shall be in a defective, unsafe or insanitary condition. Every taxicab or automobile for hire shall at all times be subject to the inspection of any police officer of the city.

(Prior code § 4-7.23)

No driver of any taxicab or automobile for hire shall permit any person to ride on the running board thereof or elsewhere outside of the body of the vehicle. No driver of any taxicab or automobile for hire shall permit more persons to ride in the driver's compartment than can be seated in the regular seats in the compartment or permit any person to sit or stand at any place in or on the taxicab or automobile for hire where such person obstructs the driver's view of traffic ahead or to either side.

(Prior code § 4-7.24)

When a taxicab or automobile for hire is engaged, the occupants shall have the exclusive right to the full and complete use of the passenger compartment, and no owner or driver of a taxicab shall solicit or carry additional passengers therein.

(Prior code § 4-7.25)

Any driver employed to carry passengers to a definite point shall take the most direct route possible that will carry the passenger safely and expeditiously to his or her destination.

(Prior code § 4-7.26)

It shall be unlawful for any person to drive or operate, a 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 shall be unlawful for any person to change the color scheme, name, monogram or insignia without first having obtained the consent of the city manager.

(Prior code § 4-7.27)