Chapter 5 — TAXICABS

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

DRIVER. Every person in charge of, or operating, any passenger-carrying or motor propelled vehicle, as defined in this section, either as agent, employee, or otherwise of the owner, as owner, or under the direction of the owner. DROP CHARGE. The initial charge made on the taximeter when the ride begins.

INSPECTION REPORT. A document from an approved automotive repair facility certifying that a particular vehicle meets all vehicle safety standards set forth in this chapter and in regulations adopted pursuant to this chapter.

OWNER. Every person having the use or control of any passenger-carrying automobile or motor- propelled vehicle, as defined in this section, whether as owner, lessee, or otherwise.

QUALIFIED AUTOMOTIVE REPAIR FACILITY. A repair facility certified by the State of California to perform safety inspections and repairs.

STREET. Any place commonly used for the purpose of public travel.

TAXICAB. Any motor vehicle designed for carrying not more than ten passengers, including the driver operated in the streets of the city other than over a defined or fixed route, for the transportation of persons for hire at the direction of the passengers.

TAXICAB DRIVERS PERMIT. A permit issued pursuant to this chapter, to a person for the privilege of operating a taxicab.

TAXICAB PERMIT. A permit issued pursuant to this chapter for the operation of a taxicab on city streets. TAXICAB PERMITTEE. The person or company in whose name taxicab permits and taxicab driver permits are issued.

TAXIMETER. Any instrument or device attached to a taxicab, and designed or intended to measure mechanically or electronically the distance traveled by such taxicab, or to record the time the taxicab is in waiting, and to indicate, by figures or designs, the fare to be charged in dollars and cents.

('61 Code, § 4-5.01) (Ord. 145 N.S., passed - - ; Am. Ord. 801 C.S., passed 9-6-06; Am. Ord. 941 C.S., passed 6-7-17)

No person shall operate or cause to be operated any taxicab, regardless of whether such operation extends beyond the boundary limits of the city, without a valid taxicab permit first having been obtained authorizing such operation, and a valid taxicab driver's permit having been obtained for the driver, provided that no taxicab or taxicab drivers permit shall be required for a taxicab which is lawfully transporting a passenger from a point outside this city to a destination within this city, or which is en route from a point outside this city to a destination outside this city; provided that no driver of a taxicab without such taxicab permit and taxicab driver's permit shall solicit or accept a passenger or passengers from within this city for transportation to any destination whatsoever. Violation of this section shall be a misdemeanor.

('61 Code, § 4-5.02) (Ord. 145 N.S., passed - - ; Am. Ord. 746 C.S., passed 2-5-03; Am. Ord. 801 C.S., passed 9-6-06)

(A) Any person desiring to secure a taxicab permit shall submit an application therefor to the City Administrator or his or her designee. The application shall be in a form approved by the City Administrator or his or her designee and

shall include the following:

(1) The applicant's name, home address, business address, and telephone numbers, including information as to persons doing business under fictitious names, as members of partnerships, or as officers or corporations or associations;

(2) The number of permits desired and a list of vehicles to be used as taxicabs, including a full description of each vehicle; provided, that the full description of new vehicles may be submitted within 30 days of the date of issuance of a permit hereunder;

(3) A full description of the location and operation of the applicant's place of business, including radio operation, if any;

• (4) The date upon which the applicant desires the permit to be issued;

• (5) Such other and further information as the City Administrator or his or her designee may require.

(B) The application shall be under penalty of perjury, and shall not be accepted unless it is clearly filled out in full with all required information and is accompanied by the non-refundable application fees designated in the Master Fee Resolution for each permit requested.

('61 Code, § 4-5.03) (Ord. 145 N.S., passed - - ; Am. Ord. 746 C.S., passed 2-5-03; Am. Ord. 801 C.S., passed 9-6-06; Am. Ord 941 C.S., passed 6-7-17)

(A) The City Administrator or his or her designee, with the assistance of the Police Chief or his or her designee, shall cause an investigation to be made of the facts stated in the taxicab permit application, and shall, within 60 days, determine the following:

• (1) Whether the applicant has had a taxicab permit revoked for any cause within the last 24 months;

• (2) Whether the application fee has been paid;

• (3) Whether any fact exists that would be cause for revocation of a taxicab permit because of a violation of any of the terms of this article or rules promulgated pursuant thereto;

• (4) Whether any statement made in the application is false;

• (5) Whether the applicant, including all persons doing business under fictitious names as members of

partnerships, or as officers of corporations or associations, has been convicted within the last five years of a crime or other offense involving moral turpitude, or a conviction of use, possession or sale of a controlled substance within the past three years.

(B) If the City Administrator or his or her designee makes a finding unfavorable to the applicant, with respect to any of the above factors, the City Administrator or his or her designee shall deny issuance of the permit and shall give the applicant prompt written notice of such finding and decision. The notice shall include a statement of the specific reasons for denial, including any complaints received against any applicant presently holding a permit and a notice that the applicant has a right to file an appeal under Chapter 4 of Title I of this code.

(C) Should the City Administrator or his or her designee's report conclude that the applicant meets the requirements of this chapter, the City Administrator or his or her designee shall issue such permit or permits. Each permit shall be numbered and shall state the name and address of the permittee and the date of issuance. One permit shall be issued for each taxicab. The fees paid by unsuccessful applicants shall not be refunded.

('61 Code, § 4-5.04) (Ord. 145 N.S., passed - - ; Am. Ord. 746 C.S., passed 2-5-03; Am. Ord. 801 C.S., passed 9-6-06; Am. Ord. 941 C.S., passed 6-7-17)

Any person desiring to secure a taxicab driver's permit shall submit an application therefor to the City Administrator or his or her designee. The application shall be in a form approved by the City Administrator or his or her designee and shall include the following:

• (A) The applicant's name, home address, business address, and telephone numbers;

• (B) The applicant's age and place of birth;

• (C) The date upon which the applicant wishes the permit to be issued:

• (D) Identification, including the number, of any previous driver's permit issued to the applicant;

• (E) Three current identification pictures of the applicant; one for the city issued ID card, one to be kept on file with the application and one to be kept on file at the Police Department;

• (F) A report of a Department of Transportation exam within the last 12 months, by a doctor of medicine, showing the applicant to be in a proper physical condition to operate a taxicab safely;

• (G) A statement of the applicant's criminal convictions within the last five years, excluding parking violations:

• (H) A copy of the drivers Class "B" California driver's license or a copy of the driver's Class "C" license and a medical examination certificate as required for the issuance of a Class"B" license;

• (I) A letter from a current cab company certifying that the driver is employed or will be employed by that company;

• (J) Such other information as the City Administrator or his or her designee may require. The application shall be under penalty of perjury, and shall not be accepted unless it is clearly filled out in full with all required information and is accompanied by the nonrefundable permit fee designated in the Master Fee Resolution.

• (K) Provide an approved Live Scan background check.

• (L) A ten year history driving record issued by the California Department of Motor Vehicles.

• (Ord. 801 C.S., passed 9-6-06; Am. Ord. 941 C.S., passed 6-7-17)

(A) The City Administrator or his or her designee, with the assistance of the Police Chief or his or her designee, shall cause an investigation to be made of the facts stated in the application and shall, within 30 days, determine the following:

(1) Whether the applicant has had a taxicab driver's permit revoked for any cause within the last 24 months, has ever had a taxicab driver's permit revoked for a cause involving reckless driving or drunkenness, or has had an application for a taxicab driver's permit denied within the last six months;

• (2) Whether any statement made in the application is false;

• (3) Whether the taxicab driver's permit has not been paid;

(4) Whether the applicant has been convicted within the last five years of a crime involving moral turpitude or a conviction of use, possession or sale of a controlled substance within the past three years, or a conviction including any of the following:

• (a) Any crimes listed in 290 CPC;

• (b) DUI - Within five years of the date of fingerprinting;

• (c) Vehicle theft;

• (d) Fraud;

• (e) Stolen property;

• (f) Crimes of violence;

• (g) Any felony crime relating to narcotics or any controlled substance;

• (h) Any other crimes enumerated in 2432.3 of the CVC;

• (i) Actively on parole or on any form of probation;

• (j) Crimes resulting in the applicant becoming a sex, arson or narcotics registrant;

• (k) Other felony or violent misdemeanor conviction;

• (5) Whether any fact exists that would be cause for suspension or revocation of a taxicab driver's permit because of a violation of any of the terms of this article or rules promulgated pursuant thereto;

• (6) Whether the applicant possesses a valid California Class "B" driver's license or a Class"C" license and documentation of the required medical examination for a Class"B" license;

(7) Whether the applicant has submitted three recent pictures, has been fingerprinted, and has presented proof of a physical examination within the last 12 months showing the applicant to be in a proper physical condition to operate a taxicab.

(B) The City Administrator or his or her designee may deny issuance of a permit in the event he or she makes a finding adverse to the applicant with respect to any of the above factors. If a permit is denied, the City Administrator or his or her designee shall give the applicant prompt written notice of such decision. The notice shall include a statement of the specific reasons for denial including any complaints received against any applicant currently holding a permit.

(C) If the City Administrator or his or her designee concludes that the applicant meets the requirements of this chapter, the City Administrator or his or her designee shall issue the taxicab driver's permit.

(D) An applicant denied issuance of a taxicab driver's permit under this section may appeal the denial pursuant to the provisions of Chapter 4 of Title I of this code.

(Ord. 199 N.S., passed - - ; Am. Ord. 323 N.S., passed - - ; Am. Ord. 136 C.S., passed 5-7-69; Am. Ord. 204 C.S., passed 9-5-73; Am. Ord. 256 C.S., passed 2-2-77; Am. Ord. 338 C.S., passed 5-5-80; Am. Ord. 375 C.S., passed 8-1781; Am. Ord. 746 C.S., passed 2-5-03; Am. Ord. 801 C.S., passed 9-6-06; Am. Ord. 941 C.S., passed 6-7-17)

(A) No vested right or property interest of any type is acquired by a taxicab permit or taxicab driver's permit issued to any person under this chapter.

(B) All taxicab permits and taxicab driver's permits are revocable and subject to suspension in accordance with the provisions of this chapter, and are to be exercised only in conformance with the regulations provided in this chapter. (C) A permittee shall not permit any right or privilege granted by his or her permit to be exercised by another, nor shall his or her permit or any interest therein or any right or privilege there under be sold, transferred, leased, assigned or otherwise disposed of except as provided in this chapter. A transfer in violation of this subsection shall be grounds for revocation or suspension of the permit. Upon the death of any taxicab permittee, the permit may be exercised by the executor or administrator of the deceased permittee's estate during the period of estate administration. The period shall not exceed one year from the permittee's death.

(1) A deceased permittee's surviving heir(s) who inherits the permittee’s entire taxicab company may reapply for taxicab permits in an amount equal to the permits possessed by the deceased permittee.

(2) A permittee may sell his/her taxicab company, or one or more taxicabs, to another current permittee without invoking any minimum permit regulations in force at that time. The permittee purchasing the taxicabs may then apply for taxicab permits for all the taxicabs for which the selling company possessed permits. Any permittee purchasing such taxicabs who is otherwise not required to operate under a radio-dispatched system shall be required to so operate as a result of such purchase.

(D) The renewal fee for each taxicab permit shall be the annual amount designated in the Master Fee Resolution. If any permit is not exercised, the fee shall not be refunded. The fee required is a permit fee and shall not be deemed to

be in lieu of a business license tax as required by the provisions of this code. Prior to the payment of the annual permit renewal fee for a taxicab permit the permittee must submit a valid State of California vehicle registration card.

(E) A permittee who has a taxicab permit but does not exercise this permit due to the taxicab vehicle being out-ofservice, wrecked, unavailable for service, or without liability insurance, for a period of 180 days shall automatically forfeit that permit, except for those vehicles mentioned in subsection (H) of this section.

(F) Taxicab driver's permits are annual permits which expire on the following June 30, provided, that whenever a taxicab driver's permit has been applied for and issued within a period of 60 days before June 30, it shall be valid when issued and may be issued for the next ensuing year. Application for renewal must be received by the City Administrator or his or her designee before expiration of the permit and will require a records update from the Police Department and will, if permittee has been arrested within the past 12 months, require the permittee to be fingerprinted. The City Administrator or his or her designee shall determine whether the permittee possesses a valid California Class "B" driver's license or a Class "C" license with the required medical examination.

(G) The renewal fee for a taxicab driver's permit shall be the annual amount designated in the Master Fee Resolution. If any permit is not exercised, the fee shall not be refunded.

(H) Each taxicab permit holder may have one additional vehicle, which must be permitted, insured, and otherwise ready for use, for every three permits he or she holds.

('61 Code, § 4-5.08) (Ord. 145 N.S., passed - - ; Am. Ord. 801 C.S., passed 9-6-06; Am. Ord. 941 C.S., passed 6-7-17)

By permitting or overlooking any obligation of a taxicab permittee or driver, the city does not waive or bar its right to require prompt performance, when due, of all other such obligations. (Ord. 801 C.S., passed 9-6-06)

A taxicab permittee shall, and by acceptance of his or her permit does, agree to indemnify, defend and hold the city free and harmless from any and all claims, costs, liability, damages or expenses, including costs of suit and fees, including attorneys' fees, on account of any damages arising out of the taxicab permittee's operation of a taxicab business under the permit, except for that liability caused by the sole negligence of the city. (Ord. 801 C.S., passed 9-6-06)

(A) It shall be unlawful to operate any taxicab unless there shall be filed and deposited with the City Clerk a current and valid certificate of insurance executed and delivered by a company authorized to carry on an insurance business in the state, the financial responsibility of which company shall be evidenced by an A.M. Best Rating of at least A:VII. The certificate of insurance shall identify coverage in force for the following minimum amounts:

• (1) General liability coverage in the following minimum amounts:

• (a) $1,000,000 limit for each occurrence;

• (b) $1,000,000 limit for personal injury;

• (c) $1,000,000 general aggregate limit;

• (d) $5,000 medical expense limit for any one person;

• (e) $100,000 limit for damage to rented premises.

• (2) Automobile liability with a combined single limit of $1,000,000 for each accident; and

(3) Workers' compensation and employer liability as required by the State of California. The city may require at its option, a copy of all policies and endorsements of required insurance in addition to certificates of insurance.

(B) Certificates of insurance shall contain a provision against cancellation except upon 30 day(s) prior written notice thereof to the city.

(C) Any deductibles or self insured retentions must be declared to and approved by the city. Approval will not be unduly withheld if the operator is able to provide evidence of sufficient financial means that would allow meeting the deductible or self insured retention.

(D) The insurance policies are to be endorsed to contain the provisions noted below and such endorsements are to be identified on the certificate(s) of coverage (and/or policies and endorsements) that are to be provided to the city by the operator with any mandatory endorsements.

(E) Endorsements . The city, its officers, officials, employees, and volunteers are to be covered as additional insured with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the operator. ('61 Code, § 4-5.06) (Ord. 145 N.S., passed - - ; Am. Ord. 192 C.S., passed 10-18-72 ; Am. Ord. 746 C.S., passed 2-503; Am. Ord. 801 C.S., passed 9-6-06)

Subject to the general control of the City Administrator, the regulation of taxicab permits shall be within the power and duties of the City Administrator or his or her designee. The City Administrator or his or her designee shall immediately inform the Police Chief, or his or her designee, of the suspension or revocation of taxicab permits or taxicab driver's permits for any reason.

(Ord. 801 C.S., passed 9-6-06; Am. Ord. 941 C.S., passed 6-7-17)

(A) The City Administrator or his or her designee is hereby empowered to make rules and regulations not inconsistent with the provisions of this chapter as may be necessary or desirable to aid in the enforcement of the provisions and purposes of this chapter. The rules and regulations may include, but are not limited to, a system of identification and numbering of taxicabs and drivers.

(B) Any violation of such rules and regulations shall be grounds for denial, suspension or revocation of a taxicab permit, or taxicab driver's permit.

(Ord. 801 C.S., passed 9-6-06; Am. Ord. 941 C.S., passed 6-7-17)

Each taxicab and other equipment used by a taxicab permittee shall be maintained and used strictly in conformance with the following:

(A) Taximeter . Every taxicab shall be equipped with an accurate taximeter. It shall be unlawful to tamper with any taximeter or other measuring instrument used for the purpose of gauging or indicating distance traveled, or waiting time, or for the purpose of fixing rates to be collected from the public, or the lead tags or seal thereof.

(1) Every taximeter or other measuring instrument used for the purpose of gauging or indicating distance traveled, or waiting time, or for the purpose of computing fares to be collected from the public shall be of a type inspected and approved, and subject to inspection, at all times, by the County Bureau of Weights and Measures.

(2) The taximeter shall be so placed in the taxicab that the reading dial showing the amount to be charged shall be well lighted and readily discernible by the passenger riding in such taxicab, unless such taximeter is equipped and operated as a receipt-printing taximeter.

(3) The driver of a taxicab shall not throw the flag of the taximeter in a recording position when such taxicab is not actually employed. The driver of a taxicab shall throw the flag of such taximeter to the non-recording position at the termination of each service.

(4) The driver of a taxicab while carrying passengers or under employment, except on an hourly basis or contract basis, shall not display the flag affixed to such taximeter in such position as to denote that he or she is employed at a rate of fare different from that to which he or she is entitled.

(5) A taxicab having a broken lead tag and/or lead wire, an out-of-date seal or a notification from the County Bureau of Weights and Measures that the meter of that taxicab is red flagged" shall have its permit suspended for so long as the condition existing beginning one work day after the taxicab permittee is notified by the City or County Bureau of Weights and Measures that the condition exists. A taxicab permit shall be suspended for ten days if the above condition occurs three times in any six month period for that taxicab. Such suspension may be appealed using the procedure described in Chapter 9, § 1-9.10.

(B) Color . Each taxicab of any permittee shall be of a distinctive uniform color scheme, and no vehicle covered by the terms of this chapter shall be operated whose color scheme, identifying design, monogram, or insignia to be used herein shall, in the opinion of the City Administrator or his or her designee, conflict with or imitate any color scheme, design, monogram or insignia used on or in a vehicle or vehicles operating under another taxicab permit of the city, or pursuant to any other law or statute, in such manner as to be misleading or intended to deceive or defraud the public. Taxicabs may bear an advertising sign, space, or placard on the rear thereof, which shall not be of a size so as to interfere with the vision of the driver or a view of the license plate, name, or permittee, or number of taxicab.

(C) Display of names, rates and service status .

(1) Rate structure . The rate structure must include the distance for which the initial flag drop pays, the rate per mile thereafter and the charge per minute of waiting time, if any. Unit rates smaller or larger than one minute may also be included.

(2) Exterior signs . There shall be on the outside of each taxicab, signs, cards or plates, of a durable or permanent nature, showing the permittee's taxicab business name, taxicab permit number, current telephone number and rate structure. The taxicab business name and telephone number shall be displayed prominently on both sides of the taxicab. The taxicab's rate structure shall be displayed on both sides of the taxicab in the manner prescribed in the City Administrator or his or her designee's rules and regulations.

(3) Interior signs . There shall be displayed in the passenger compartment of each taxicab, in full view of the passenger, a sign or card of heavy material not less than four inches by eight inches in size, securely attached, providing the following information in letters and numbers as large as the size of the sign will allow: the name of the taxicab permittee and any fictitious name under which the taxicab operates, the current business address and telephone number of the permittee, a correct schedule of the rates to be charged for conveyance in the taxicab, and the name, address and telephone number of the agency issuing the taxicab permit, i.e., the City Administrator or his or her designee of the City of Madera.

(4) Any taxicab which is not available for fares, such as an off-duty taxicab, a taxicab being driven by a nonpermitted driver, or having had the permit suspended, must display in both side rear windows signs which state, "Out of Service." The letters of the sign shall not be less than one inch high nor less than one-quarter inch wide.

(D) Prior to the issuance of any new taxicab permit and at the discretion of the City Administrator or his or her designee and at least once a year, the owner shall present to the City Administrator or his or her designee an inspection report by a qualified automotive repair facility, which must be a certified inspection facility by the Bureau of Automotive Repair, certifying that an inspection involving the mileage, engine, gears, transmission, brake system, lighting system, exhaust and air pollution control system, tires and wheels has taken place and the automobile complies with all federal and state safety requirements along with any other items specified by the City Administrator

or his or her designee. Throughout the duration of a permit all taxicabs shall be maintained in a clean and mechanically safe condition.

(E) Seats, upholstery and rugs must be kept in good repair and must not be torn or ripped. Seat springs must not be broken or protrude through the upholstery. Seats shall be firm and comfortable and the tension of the seat springs shall be evenly distributed. All taxicab vehicles must have seatbelts in all seating positions where passengers may ride. These seatbelts must be in working order and available and observable for use by passengers at all times.

(F) All taxicab vehicle tires must comply with the requirements set forth in the California Vehicle Code.

• (G) All taxicab vehicles shall at all times have a functional spare tire and a working jack and wrench to replace a flat tire.

(H) Only objects required by law or approved by the City Administrator or his or her designee may be placed on taxicab vehicle windows in conformance with Cal. Veh. Code § 26078. Nothing shall be placed on any portion of the taxicab vehicle which blocks the driver's vision. All windows and the windshield shall be kept clean and clear.

• (I) All interior and exterior lights must function properly and all lenses of same are to be reasonably intact.

• (J) The taxicab vehicle shall have a rear-view mirror and a side-view mirror on the drivers side.

• (K) The taxicab vehicle speedometer and odometer shall be in good working order.

• (L) The taxicab vehicle horn shall be in good working order.

• (M) The taxicab vehicle heater and air conditioner shall be in good working order.

• (N) The taxicab vehicle shall be structurally sound and operate with a minimum of vibration and noise.

• (O) The exterior of the taxicab vehicle, including the paint, shall be kept in good condition.

• (P) The taxicab vehicle door hinges, locks and latches must be in good mechanical order, and all doors shall operate easily and close securely from either the outside or inside of the taxicab vehicle.

(Q) The taxicab vehicle wheels must have hubcaps attached, unless the wheels are of custom design, or otherwise of an appearance that hubcaps are not necessarily for a satisfactory appearance.

(R) The taxicab bumpers and body moldings must be in good condition and properly attached as installed by the manufacturer.

• (S) The taxicab vehicle shock absorbers and springs must be in good working order.

• (T) The taxicab windshield wipers shall be operable and the blades in good condition.

• (U) The taxicab vehicle suspension, steering, brakes, emergency brakes and exhaust system must be in good condition.

• (V) The taxicab vehicle dashboard and rear shelf shall not have any loose items lying about.

• (W) The taxicab vehicle trunk and/or baggage area shall be kept clean, free of items or materials that could damage or stain passengers' baggage, and free of any containers containing flammable liquids.

• (X) All numbers and letters painted on or attached to the sides, front, or rear of the taxicab vehicle as required by this chapter shall be the same color and in good contrast to the distinctive color scheme.

• (Y) All taxicab vehicles must have at least three passenger doors.

• (Z) The driver of a taxicab vehicle shall at all times when operating the taxicab vehicle display the permit card supplied by the taxicab operator as set forth in this chapter.

Taxicabs not maintained in a clean and mechanically safe condition shall be subject to revocation of that taxicab's permit.

• (Ord. 801 C.S., passed 9-6-06; Am. Ord. 941 C.S., passed 6-7-17)

At a time specified by the City Administrator or his or her designee, each taxicab shall be inspected by the City Administrator or his or her designee to ascertain compliance with the requirements of this chapter. If such inspection

reveals a significant safety hazard, the permit shall be automatically suspended, and the taxicab shall immediately be ordered out of service. Prior to being placed back in service, the taxicab shall be re-inspected to determine that the deficiency has been corrected. An inspection fee for a rescheduled inspection or a re-inspection will be charged as designated in the Master Fee Schedule.

(Ord. 801 C.S., passed 9-6-06; Am. Ord. 941 C.S., passed 6-7-17)

(A) The existence of a significant safety hazard shall be grounds for the automatic suspension of a taxicab permit by the City Administrator or his or her designee. The taxicab shall immediately be ordered out of service. Prior to being placed back in service, the permittee shall submit to the City Administrator or his or her designee verification from a qualified mechanic approved by the City Administrator or his or her designee that the deficiency has been corrected.

(B) For the purposes of this chapter, a significant safety hazard shall be deemed to include, but not be limited to, the following:

(1) For excessive leakage of oil, grease or any other substance from any part of the taxicab, including leakage into the taxicab.

• (2) Existence of any defects in the frame of the taxicab.

• (3) Failure to maintain any movable parts of the taxicab, including doors, windows, handles, hood, trunk and lights, in good operating condition.

• (4) Failure to maintain the tires, horn, exterior lights, turning signals or brakes in good operating condition.

• (5) Failure to maintain the motor, steering, and other mechanical parts of the taxicab in good operating condition.

• (6) Failure to have an adequate exhaust system, properly installed and in good operating condition.

(7) Presence within the interior of the taxicab of any hard or sharp protrusion not necessary for the operation of the taxicab, or the presence of any large or heavy item which is not securely anchored to prevent movement in case of a sudden stop or collision.

• (8) Obstructions of the windshield, or the side or rear windows.

• (Ord. 801 C.S., passed 9-6-06; Am. Ord. 941 C.S., passed 6-7-17)

Taxicab drivers shall be familiar with and obey the following rules:

(A) Taxicab drivers shall not park their taxicab on any public street in the Central Business District, except where a driver is answering a call or parked at an authorized parking area or zone.

(B) Taxicab drivers shall, upon request, give any passenger making payment a receipt for the amount of the fare charged.

(C) Each taxicab driver shall wear a nametag having the driver's first name, driver number, and current picture attached to the driver's breast pocket or other readily visible location at all times while the driver is operating a taxicab for hire. The driver's permit shall be readily available at all times for inspection by the City Administrator or his or her designee or a Police Officer, while the driver is operating a taxicab.

(D) Taxicab operators, managers, or drivers shall not drive, or permit to be driven, a taxicab vehicle with an unclean interior.

(E) Every taxicab operator and driver placing in service, driving, or causing to be driven, any taxicab vehicle in the City of Madera shall be responsible for the thorough washing of each taxicab vehicle operated or driven by them at least once a week, and shall also carefully sweep and clean each taxicab vehicle and trunk compartment at the completion of each shift of operation: and whenever required in writing by the Department of Public Health of the

County of Madera every taxicab operator and driver operating or causing to be operated a taxicab vehicle within the city limits shall be responsible for immediately disinfecting each taxicab vehicle so operated or driven by them by spraying them with a disinfectant.

• (F) Taxicab drivers shall not consume or be under the influence of any alcohol, controlled substance, or prescribed or non-prescribed drug which affects their driving, while operating a taxicab vehicle.

(G) Taxicab drivers shall comply with all the reasonable requests of a passenger, including but not limited to the giving of their name, permit number, the taxicab permit number, and informing the passenger of the complaint form available in the Neighborhood Revitalization Department.

• (H) Taxicab drivers shall not threaten, harass or abuse any passenger or use or attempt to use any physical force against a passenger except in self-defense or in the defense of another.

(I) Taxicab drivers shall not refuse to transport a passenger's luggage, wheelchair, crutches, or other similar property or a guide dog or other orderly pet.

(J) Taxicab drivers shall, if requested, assist a handicapped, disabled or elderly person to, into and out of the taxicab vehicle if within the physical capacity of the driver.

(K) Upon request of a passenger, taxicab drivers shall load or unload luggage in or from the taxicab vehicle's interior or trunk compartment if within the physical capacity of the driver.

• (L) Taxicab drivers shall not smoke, drink or eat while a passenger is in the taxicab vehicle.

(M) Taxicab drivers shall not operate any radio, except the radio dispatch system, or any radio or tape player while a passenger is in the taxicab vehicle unless the passenger so requests.

(N) Taxicab drivers shall be neatly attired and shall not wear short pants; ragged, torn, or dirty clothing of any type; unsightly or unsafe footwear; any clothing with offensive or obscene words, statements or phrases; T-shirts (unless covered by an overshirt or designated as part of a uniform by the driver's employer): or any other clothing

inappropriate to the conduct of business. Violations of this section shall be grounds for revocation of permittee's taxi driver permit.

(Ord. 801 C.S., passed 9-6-06; Am. Ord. 941 C.S., passed 6-7-17)

All taxicabs shall be used strictly in conformance with the following rules:

(A) Carrying of additional passengers . When a taxicab is engaged, the occupant shall have the exclusive right to the full use of the passenger compartment, and the owner or driver of such taxicab shall not solicit or carry additional passengers without the consent of the occupant.

(B) Calls to be answered as received . The driver of any taxicab shall answer all calls received in the order of their receipt.

(C) Limitation on number of passengers . No driver of any taxicab shall transport any larger number of passengers than the rated seating capacity of his or her taxicab.

(D) Circuitous routes . Any driver employed to carry passengers to a definite point shall take the most direct route possible that will carry the passengers safely and expeditiously to their destination.

(E) Radio dispatch . All new taxicab permittees shall operate under a radio dispatch system.

(Ord. 801 C.S., passed 9-6-06)

(A) The rates of fare to be charged to the public for use of taxicabs shall be the same for all taxicabs operated by the permittee, and shall be based upon time and distance traveled.

(B) The Council, by resolution, may establish rates for mileage, drop charges, and waiting time applicable to all taxicabs. This rate shall increase due to changes in the Consumer Price Index.

(Ord. 801 C.S., passed 9-6-06)

Except where credit is extended, any person who shall willfully or fraudulently fail or refuse to pay, at the end of the trip, or the termination or discharge of service, the legal fare for a taxicab that he or she has hired, shall be guilty of a misdemeanor.

(Ord. 801 C.S., passed 9-6-06)

The provisions of this chapter shall apply to all taxicab companies which were conducting business prior to the date on which this chapter becomes effective; provided however, the permits required for taxicab companies existing on or before the effective date of this chapter shall comply with all provisions of this chapter within 120 days from and after the date on which this chapter becomes effective.

(Ord. 801 C.S., passed 9-6-06)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by forfeiture of his or her permits in addition to any other fine or imprisonment as provided in Chapter 2 of Title 1 of this code.

(Ord. 801 C.S., passed 9-6-06)