Chapter 5.24 — TAXICABS

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Convicted of moving traffic violations means a plea of guilty or nolo contendere or a judgment of guilty, whether probation is granted or not, or a forfeiture of bail.

Driver means every person driving a taxicab, whether as agent, employee or otherwise.

Owner means every person having use or control of any taxicab, whether as owner, lessee or otherwise.

Tax Collector means the Finance Director of the Town.

Taxicab means every vehicle, whether motor driven or otherwise, which carries or transports passengers over the streets of the Town for hire, whether or not the operation extends beyond the boundaries of the Town. The term "taxicab" shall not include courtesy cars or other vehicles which transport passengers and for which such transportation a consideration is not directly paid to the driver of the vehicle.

Taximeter means any instruments or device attached to a taxicab and designed or intended to measure mechanically the distance traveled by such taxicab, to record the time the vehicle is in waiting and to indicate upon such record by figures or designs the fare to be charged in dollars and cents.

(Prior Code, § 7.34.010; Code 1990, § 5.36.010; Ord. No. 92-01, § 1(exh. A), 1992)

No person shall solicit or pick up passengers in the Town or engage in the business of operating any taxicab within the Town, without having first obtained a separate taxicab permit for each such business as required by this chapter.

(Prior Code, § 7.34.020; Code 1990, § 5.36.020; Ord. No. 92-01, § 1(exh. A), 1992)

Application for the issuance or transfer of a taxicab permit shall be filed with the Tax Collector upon forms provided by the Collector and shall contain the following information:

(1)

The names and complete addresses and telephone numbers of all persons who have any interest in the business;

(2)

The number of vehicles proposed to be operated;

(3)

The name under which the business is to be conducted;

(4)

A description of every vehicle which the applicant proposes to use, including the trade name, year, make, body style, motor or serial number, and State license number;

(5)

The peculiar or distinguishing color scheme or design or dress (including any monogram or insignia) intended to be used upon the vehicles and by their drivers;

(6)

The address at which the business is to have its principal office;

(7)

The address and location of the place where the applicant proposes to keep such taxicabs, vehicles for hire, or other vehicles;

(8)

A statement for each person having a financial interest in the business as to all convictions of crimes involving moral turpitude or a lack of such convictions;

(9)

Such other information as the Tax Collector or the Police Chief may require.

(Prior Code, § 7.34.030; Code 1990, § 5.36.030; Ord. No. 92-01, § 1(exh. A), 1992)

Before a taxicab permit may be issued or transferred, all persons having a financial interest in the operation of the business for which the permit is requested shall be fingerprinted by the Police Department.

(Prior Code, § 7.34.040; Code 1990, § 5.36.040; Ord. No. 92-01, § 1(exh. A), 1992)

No taxicab permit shall be issued or transferred to any person if it appears that the vehicles proposed to be operated by the applicant are inadequate or insufficient for the purpose intended or are insufficiently equipped with reasonable safety devices.

(Prior Code, § 7.34.050; Code 1990, § 5.36.050; Ord. No. 92-01, § 1(exh. A), 1992)

(a)

Every owner operating under the provisions of this chapter shall keep and maintain insurance against liability for bodily injury and property damage with limits as follows:

(1)

For all vehicles of eight passengers or less:

a.

No less than $5,000.00 per accident for bodily injury liability; and

b.

No less than $100,000.00 per accident for property damage liability.

(2)

For all vehicles of eight or more passengers:

a.

No less than $1,000,000.00 per accident for bodily injury liability; and

b.

No less than $300,000.00 per accident for property damage liability.

The Town shall be an insured on all policies required by this chapter.

(b)

No permit shall be granted under this chapter until a policy for such insurance has been secured and the same or a copy thereof is filed with the Tax Collector's office, which policy shall contain an endorsement that the insurance company issuing the policy will not allow it to be cancelled for any purpose without service of 30-day written notice of cancellation upon the Tax Collector's office. In the event of failure of the permittee to keep the policy in full force or to properly renew the policy, the Tax Collector shall immediately cancel and revoke the permit to operate taxicabs.

(Prior Code, § 7.34.060; Code 1990, § 5.36.060; Ord. No. 92-01, § 1(exh. A), 1992)

No person shall engage in the business of operating taxicabs within the Town pursuant to a taxicab permit unless there is first established and maintained within the Town by such person an office where some person in charge can be contacted in person or by telephone and where taxicab records required by Section 5.24.130 shall be kept. Notwithstanding any other Town ordinance, the office portion of this business may be conducted within the home of the permittee.

(Prior Code, § 7.34.070; Code 1990, § 5.36.070; Ord. No. 92-01, § 1(exh. A), 1992)

The permit required by this chapter may be suspended or revoked by written notice to the permittee of such suspension or revocation by the Tax Collector when the Collector finds any of the following:

(1)

Any person with interest in the business for which the taxicab permit is issued has been convicted of any felony or any crime involving moral turpitude after the issuance of the permit;

(2)

Any person with interest in the business for which the taxicab permit is issued has violated any of the provisions of this chapter, or has knowingly allowed employees to violate the provisions of this chapter;

(3)

For nonpayment of any Town business tax or other applicable fee provided by this chapter;

(4)

For the violation of any State law or this Code with respect to the operation of the business by any permit holder, or repeated violations by owners or drivers of any vehicle covered by such permit;

(5)

For failure to maintain satisfactory service to the public, or for failure to keep any such vehicle in a safe and sanitary condition and good repair, or for failure to use the distinctive coloring, monogram, or insignia described in the application, or for deviation from the schedule or rates and fares set forth in the application;

(6)

For any cause which the Town Council finds makes it contrary to the public health, interest, convenience, necessity or general welfare for the permit to be continued;

(7)

There is discovered that false answers have been given in the application for the taxicab permit provided for in this chapter.

(Prior Code, § 7.34.080; Code 1990, § 5.36.080; Ord. No. 92-01, § 1(exh. A), 1992)

If the permittee is dissatisfied with the action of the Tax Collector in suspending or revoking the permit, such person may appeal to the Town Council by filing a notice of appeal in writing with the Town Clerk not more than ten days after the action of the Tax Collector becomes effective. The clerk shall transmit the appeal to the Town Council forthwith, and the Town Council shall set the matter for hearing. The Town Council shall cause written notice of the time and place of the hearing to be mailed to the permittee so appealing to the permittee's last known address. The persons appealing shall have a right to present

witnesses on same's own behalf at the hearing. If no appeal is taken within ten days, the action of the Tax Collector shall be final.

(Prior Code, § 7.34.09; Code 1990, § 5.36.090; Ord. No. 92-01, § 1(exh. A), 1992)

The Town Council may either sustain, reverse or modify the action of the Tax Collector in suspending or revoking the permit provided for in Section 5.24.080. During the time such appeal is pending before the Town Council, and until final determination thereof, the action of the Tax Collector in suspending or revoking the permit, as provided in this chapter, shall be stayed. However, if the Tax Collector makes a finding in the order of suspension that the health, safety, or welfare of the people of the Town will be endangered if the taxicab permit is not suspended or revoked during an appeal, then the Tax Collector's action suspending or revoking the permit shall not be stayed pending appeal.

(Prior Code, § 7.34.100; Code 1990, § 5.36.100; Ord. No. 92-01, § 1(exh. A), 1992)

Should any person holding a taxicab permit desire to substitute vehicles which are presently licensed pursuant to an existing permit, such person may do so by making application to the Tax Collector on such form as shall be prescribed. The Tax Collector shall require the proposed substitution vehicles to be inspected by the Police Department pursuant to Section 5.24.120.

(Prior Code, § 7.34.110; Code 1990, § 5.36.110; Ord. No. 92-01, § 1(exh. A), 1992)

Before a permit required by Section 5.24.020 is issued or transferred to any owner, the taxicab for which permit is requested shall be delivered by the owner to a place designated by the Police Department for inspection, and the Police Chief shall designate persons to inspect the taxicab, its equipment and taximeter, to determine whether such taxicab complies with the provisions of this chapter.

(Prior Code, § 7.34.120; Code 1990, § 5.36.120; Ord. No. 92-01, § 1(exh. A), 1992)

Every person holding a business permit to operate taxicabs shall keep and maintain a daily record of the origin and destination of each trip for hire made by the driver of each vehicle in operation. Such record shall be kept for the period of one year and shall be open to inspection and use by any member of the Tax Collector's office or Police Department.

(Prior Code, § 7.34.130; Code 1990, § 5.36.130; Ord. No. 92-01, § 1(exh. A), 1992)

It is unlawful for any person who conducts, manages or carries on a taxicab business to employ as a driver of any taxicab any person who does not hold a valid California State driver's license of a type and class appropriate to the type of vehicle being operated during the time of such employment.

(Prior Code, § 7.34.140; Code 1990, § 5.36.140; Ord. No. 92-01, § 1(exh. A), 1992)

Application for a taxicab driver permit shall be filed with the Tax Collector upon forms provided by the Collector and shall contain such information as required by the Tax Collector and the Police Chief. No person shall act as a driver of a taxicab unless said driver holds a valid driver's license from the State of a type and class appropriate to the type of taxicab permitted, complies with all applicable laws of the State, and secures a taxicab driver's permit from the Tax Collector prior to operating any taxicab.

(Prior Code, § 7.34.150; Code 1990, § 5.36.150; Ord. No. 92-01, § 1(exh. A), 1992)

No driver of a taxicab shall accept, take into the vehicle or transport any larger number of passengers than the rated seating capacity of the vehicle.

(Prior Code, § 7.34.160; Code 1990, § 5.36.160; Ord. No. 92-01, § 1(exh. A), 1992)

Any driver or permittee operating a taxicab may have the taxicab driver permit provided in this chapter suspended or revoked for the following reasons after a hearing before the Tax Collector and findings made as provided in this chapter:

(1)

Any person who has been twice convicted of moving traffic violations which moving traffic violations occur within a period of six months may have his or her taxicab driver permit suspended for ten days.

(2)

Any person who has been three times convicted of moving traffic violations which moving traffic violations occur within a period of six months may have his or her taxicab driver permit suspended for 30 days.

(3)

The permit provided for in this chapter may be revoked or not renewed when a taxicab driver has, since the granting of the permit:

a.

Been convicted of a felony;

b.

Had his or her State driver's license revoked or suspended;

c.

Been convicted of driving while under the influence of intoxicating liquors;

d.

Been convicted of driving while under the influence of narcotics;

e.

Is discovered to have given false answers in the application for the taxicab driver permit provided for in this chapter.

(Prior Code, § 7.34.170; Code 1990, § 5.36.170; Ord. No. 92-01, § 1(exh. A), 1992)

If the permittee is dissatisfied with the action of the Tax Collector in suspending or revoking the taxicab driver permit, such person may appeal to the Town Council by filing a notice of appeal in writing with the Town Clerk not more than ten days after the action of the Tax Collector becomes effective. The Clerk shall transmit the appeal to the Town Council forthwith, and the Town Council shall set the matter for hearing. The Town Council shall cause written notice of the time and place of the hearing to be mailed to the permittee so appealing to the same's last known address. The person appealing shall have a right to present witnesses on his or her own behalf at the hearing. If no appeal is taken within ten days, the action of the Tax Collector shall be final.

(Prior Code, § 7.34.180; Code 1990, § 5.36.180; Ord. No. 92-01, § 1(exh. A), 1992)

The Council may either sustain, reverse or modify the action of the Tax Collector in suspending or revoking the permit provided for in Section 5.24.180. During the time such appeal is pending before the Town Council, and until final determination thereof, the action of the Tax Collector in suspending or revoking the permit, as provided in this chapter, shall be stayed. However, if the Tax Collector makes a finding in his or her order of suspension that the health, safety, or welfare of the people of the Town will be endangered if the taxicab driver permit is not suspended or revoked during an appeal, then the Tax Collector's action suspending or revoking the permit shall not be stayed pending appeal.

(Prior Code, § 7.34.190; Code 1990, § 5.36.190; Ord. No. 92-01, § 1(exh. A), 1992)

Any person who willfully refuses to pay the legal fare for a taxicab which has been hired for use as prescribed in this chapter is guilty of an infraction.

(Prior Code, § 7.34.210; Code 1990, § 5.36.200; Ord. No. 92-01, § 1(exh. A), 1992)

Should a taxicab become disabled or break down while conveying any passenger for hire, the time of stoppage shall be deducted from the time charged for.

(Prior Code, § 7.34.220; Code 1990, § 5.36.210; Ord. No. 92-01, § 1(exh. A), 1992)

The owner shall cause to be answered and the driver of any taxicab shall answer all calls received in the order of their receipt.

(Prior Code, § 7.34.230; Code 1990, § 5.36.220; Ord. No. 92-01, § 1(exh. A), 1992)

The Police Department shall have the authority to designate agents who may inspect taxicabs and their equipment at any time if it is found that the taxicab or equipment is in such condition that its operation is unsafe for the passengers or for the public, the Chief of Police shall prohibit the use of such taxicab until such time as it is made safe for operation. The operation of any taxicab which has been designated as unsafe by the Chief of Police is unlawful.

(Prior Code, § 7.34.240; Code 1990, § 5.36.230; Ord. No. 92-01, § 1(exh. A), 1992)

It is unlawful for the driver or operator of a taxicab to fail to report to the owner at once all property of value left in the vehicle by passengers and not returned to the lawful owner, and it is unlawful for the owner to fail to report the existence of such property to the Police Department after the expiration of 24 hours.

(Prior Code, § 7.34.250; Code 1990, § 5.36.240; Ord. No. 92-01, § 1(exh. A), 1992)

(a)

There shall be displayed in the passenger compartment of each public vehicle for hire, in full view of the passengers, a card not less than two inches by 3½ inches in size, which shall have plainly printed thereon the name of the owners and the fictitious name under which such owner operates, the business address and telephone number of the owner and a correct schedule of the rates to be charged for conveyance in the vehicle.

(b)

Each taxicab licensed to operate in the Town shall have located in a convenient place in the driver's compartment and in view of the passengers therein, containers of the type and design approved by the Tax Collector. One such container shall have a card in it bearing:

(1)

The permit number issued for each individual taxicab licensed to operate in the Town;

(2)

The name of the company to whom it is issued;

(3)

The date of issuance;

(4)

The State license plate number and engine number of the taxicab displaying it.

(Prior Code, § 7.34.260; Code 1990, § 5.36.250; Ord. No. 92-01, § 1(exh. A), 1992)

There shall be a fee established for the taxicab permit and for a taxicab driver permit and there shall be fees established for the necessary fingerprinting and vehicle inspections required by this chapter. Such fees shall be established by resolution of the Town Council after one public hearing at a meeting of the Town Council and notice to any existing permittee.

(Prior Code, § 7.34.270; Code 1990, § 5.36.260; Ord. No. 92-01, § 1(exh. A), 1992)

The Town Council may establish a schedule of rates for conveyance in a taxicab. Such rates shall be established by resolution of the Town Council after one public hearing at a meeting of the Town Council and notice to any existing permittee.

(Prior Code, § 7.34.280; Code 1990, § 5.36.270; Ord. No. 92-01, § 1(exh. A), 1992)