Maywood Municipal Code Ch. 21 Taxicabs and Other Vehicle for Hire

For the purposes of this chapter, the following words and phrases shall have the meanings ascribed to them unless otherwise noted:

"Automobile for hire" means and includes every motor vehicle of private appearance not equipped with a taximeter and which is operated and hired from a public or a private garage only, and the destination and route of which are under the control of the passengers 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.

"Dial-a-ride vehicle" means and includes every motor vehicle of a distinct color or commercial appearance used in the business of carrying passengers; and which is hired from a public or a private garage or any fixed stand or location; and the destination and route of which are under the joint control of the driver and the passengers being carried therein, corresponding with the destination and general direction of each of them and requests from additional customers; for a compensation which is fixed in accordance with the distance traveled, by zone.

"Driver" means and includes every person in actual charge and control of any automobile for hire, dial-a-ride vehicle, jitney or taxicab as the driver thereof.

"Jitney" means and includes every motor vehicle of a distinct color or commercial appearance used in the business of carrying passengers; and which is hired from any fixed stand or location, or is hailed; and which travels along a fixed route; for a compensation which is fixed in accordance with the distance traveled.

"Motor vehicle" means every self-propelled vehicle used for transportation of persons over the public highways otherwise than upon fixed rails or tracks.

"Owner" means and includes every person owning or directing the general operation of any automobile for hire, dial-a-ride vehicle, jitney, or taxicab for hire.

"Public convenience and necessity" means an indispensability and needfulness embracing both the present and future of a highly important service, which includes the criteria set forth under Section 5-21.11 of this chapter.

"Stand" means and includes a portion of the street designated by the Director of Public Works for the exclusive use of dial-a-ride vehicles, jitneys or taxicabs while waiting for employment.

"Taxicab" means and includes every motor vehicle of a distinct color or commercial appearance used in the business of carrying passengers; and which is rented from a public or a private garage or any fixed stand or location, or is hailed; and the destination and route of which are under the exclusive control of the passengers being carried therein.

"Taximeter" means and includes a mechanical or electronic instrument or device by which the charge for hire of a passenger-carrying vehicle is mechanically or electronically calculated and registered, either for distance traveled or for waiting time or both, and upon which such charge is indicated by means of figures.

(§ 1, Ord. 97-440, eff. May 13, 1997)

(a) Every owner and driver shall obtain a permit as required by this chapter. In addition, a separate license shall be obtained for every motor vehicle operated pursuant to this chapter.

(b) The amount or rate of any permit, license or other fee shall be established and/or modified by resolution of the City Council. The schedule for such fees shall remain on file and be available in the office of the City Clerk. The City Clerk shall review the fees charged at least once annually and shall, with the approval of the Chief Administrative Officer recommend changes to the council when appropriate.

(§ 1, Ord. 97-440, eff. May 13, 1997)

No person shall operate or cause to be operated at any point in the city any automobile for hire, dial-a-ride vehicle, jitney or taxicab, unless there shall have been issued an owner's permit to the owner and a driver's permit to the driver thereof as provided in this chapter and unless each such permit shall be in full force and effect.

(§ 1, Ord. 97-440, eff. May 13, 1997)

No owner's permit shall be required of the owner of the following:

(a) Any operations for which a certificate of convenience and necessity has been granted by the Public Utilities Commission of the State of California;

(b) Any vehicle which only transports a passenger or passengers from a point outside of the city to a destination within the city;

(c) Any vehicle which only transports a passenger or passengers through the city while en route to a destination outside of the city.

(§ 1, Ord. 97-440, eff. May 13, 1997)

All permits and licenses granted or issued pursuant to this chapter shall be nontransferable unless otherwise specifically permitted by other provisions of this chapter.

(§ 1, Ord. 97-440, eff. May 13, 1997)

When any permit is granted under this chapter, the City Clerk shall issue to the grantee thereof a certificate, giving the name and address of such grantee, the nature of the permit granted, and the date when the same was granted.

(§ 1, Ord. 97-440, eff. May 13, 1997)

(a) An owner having a permit for the operation of an automobile for hire, dial-a-ride vehicle, jitney or taxicab, desiring to operate additional motor vehicles of the same type and classification shall file an application therefor with the City Clerk. The application shall be verified under oath and shall set forth the information required by this chapter in an original owner's permit application. The City Clerk shall then issue a permit to operate up to a maximum of three (3) such additional motor vehicles over and above the number of vehicles originally approved by the Director of Finance.

(b) An owner, as described in subsection (a) of this section, desiring to operate more than three (3) additional vehicles over and above the number originally approved by the Director of Finance shall make application therefor to the Director of Finance setting forth all the information required by this chapter in an original owner's permit application. Pursuant to the procedure and conditions set forth in Sections 5-21.10 and 5-21.13, the Director of Finance shall schedule a hearing and may grant such permit in whole or in part, and may impose limitations on the number of additional vehicles to be permitted under subsection (a) of this section.

(§ 1, Ord. 97-440, eff. May 13, 1997)

Any owner having a permit for the operation of an automobile for hire, dial-a-ride vehicle, jitney or taxicab may substitute another motor vehicle for that for which such permit was granted, but before doing so shall obtain and file with the City Clerk proof of coverage from the owner's insurer on the owner's policy of insurance relative to such substitution. No such substitution shall continue longer than thirty (30) days unless the substituted vehicle(s) has been licensed pursuant to Section 5-21.39.

(§ 1, Ord. 97-440, eff. May 13, 1997)

(a) Any owner desiring to obtain the owner's permit required by Section 5-21.03 shall make application therefor to the Director of Finance. The application shall be verified under oath and filed with the City Clerk. An application acceptance period shall be established as the time period between and inclusive of the first day of January and the last day of March of each calendar year. Applications shall not be accepted after the expiration of this acceptance period unless the Director of Finance finds that there is good cause for accepting an application. A determination to accept an application outside of the established time period shall be based upon the applicant demonstrating by a preponderance of the evidence, the current or immediate future anticipated need for the new or additional service, or the fact that the existing operator(s) is failing to provide an adequate level of service. An application for owner's permit shall be forwarded to the Director of Public Works, and shall set forth the following:

(1) The name, age, business address, residence and citizenship of the applicant, if a natural person; or if a corporation, its name, date and place of incorporation, address 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;

(2) A description of the motor vehicles which the applicant proposes to use, indicating the number, make, model and type of vehicle(s), and the seating capacity of each, according to its trade or factory rating; or if a truck, the actual carrying and seating capacity thereof. The vehicle license number(s) and the vehicle identification number(s) (VIN) shall not be required to be listed in the initial application, but will be required by the City Clerk for certification prior to issuance of an owner's permit;

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

(4) A schedule of the rates of fare to be charged for carrying passengers. In the case of dial-a-ride vehicles a map of fare zones shall also be filed, and in the case of jitneys, a map of the routes to be established shall also be filed;

(5) 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;

(6) Whether or not any permit has been suspended, denied, terminated, canceled or revoked, and if so, the circumstances regarding same;

(7) Such further information as the Director of Finance, or such official of the City to whom the application may be referred, may require.

(b) If the application referred to in subsection (a) of this section is for a permit to operate dial-a-ride vehicles, jitneys or taxicabs, it shall also set forth the following:

(1) The street number and exact location of the place where the applicant proposes to stand each such vehicle;

(2) If the proposed stand is in a public highway, such application shall be accompanied by a list in writing, setting forth the names and respective addresses of all lessees or sublessees and owners in actual or constructive possession of the ground floor of any building or parcel or real estate contiguous to that portion of the highway where such stand is proposed to be located; provided, that if such names cannot, with due diligence, be ascertained, such facts shall be stated opposite the respective address in such list;

(3) The color scheme, name, monogram or insignia which the applicant proposes to use;

(4) In the case of taxicabs, that each of the applicant's taxicabs will be equipped with a taximeter which will correctly compute and indicate the amount charged, distance traveled 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 taximeter is operating.

(§ 1, Ord. 97-440, eff. May 13, 1997)

(a) Upon receipt of any application for an owner's permit referred to in Section 5-21.09 or application for additional vehicles pursuant to Section 5-21.07(b), the Director of Public Works shall make or cause to be made an investigation and shall set a date for hearing by the Director of Finance. Public notice of such hearing shall be given by publishing notice thereof once in the official newspaper, at least ten (10) days before the time of the hearing. Notice of such hearing shall also be given to all persons to whom owner's permits have been previously granted.

(b) The commission may grant an owner's permit pursuant to Sections 5-21.07(b) and 5-21.09 if he shall find:

(1) That the applicant has complied with all the terms and conditions of this chapter;

(2) That in the case of taxicabs, the vehicle(s) proposed for use by the applicant have not been driven in excess of 500,000 miles, or in the case of non-emergency medical vehicles, that the vehicles proposed for use by the applicant have not been driven in excess of 500,000 miles;

(3) That the applicant has proven by a preponderance of the evidence that public convenience and necessity requires the operation of the vehicle(s) for which the permit application was made.

(c) This permit shall become effective subject to certification by the office of the City Clerk that the vehicle(s) listed under the application are safe and adequately equipped as herein required.

(d) Upon being granted an owner's permit, the applicant shall have ninety (90) days to install the necessary equipment required by this chapter to the vehicle(s) listed under the application.

(e) If, upon inspection, the vehicles described in the application are found to be adequate and safe for the purpose for which they are to be used, and equipped as herein required, a permit shall be issued by the City Clerk for a period of time not to exceed five (5) years. Owners of taxicab operations permitted within the City as of the effective date of the ordinance codified in this section must re-apply for an owner's permit not later than five (5) years from July 1, 1995.

(f) The ninety (90) day time period granted to an applicant is solely for the purpose of permitting the applicant time to expend the funds necessary to properly outfit the vehicle(s) listed under the application. The applicant shall not have the right to operate any taxicab, jitney, dial-a-ride or other vehicle for hire prior to the City Clerk certifying that the vehicle(s) intended for use under the applicant's application are safe and adequately equipped.

(g) If for any reason the vehicle(s) described in the applicant's application fail to gain certification by the office of the City Clerk, the permit shall be deemed denied pursuant to Section 5-21.13.

(h) In the case of an application for a dial-a-ride vehicle, jitney or taxicab permit, the Director of Finance must determine that:

(1) Color scheme, name, insignia, etc. The color scheme, name, monogram or insignia to be used upon such car is not in conflict with, does not imitate any color scheme, name, monogram or insignia used by another person in such manner as to be misleading, or tend to deceive or defraud the public, or that a color scheme, name, monogram or insignia has theretofore been designated for the applicant.

(2) Location of stand and notice and hearing by Director of Finance. The location of the stand is such that it will not congest or interfere with travel on any public street nor the use of any public street by the public; and is not prohibited by any ordinance of the City; provided, however, that no permit shall be granted for a proposed stand on a public highway in the City until notice has been given by the City Clerk to the persons whose names are required to be set out in the list as provided for in Section 5-21.09(b), and ten (10) days shall have elapsed from the time of giving such notice. Such notice shall be in writing and state that an application has been made for a dial-a-ride vehicle, jitney or taxicab stand; where the same is proposed to be located, and shall require any protests against the granting of the same to be made in writing to the Director of Finance within ten (10) days from the date thereof. The notices provided for in this subsection shall be deemed to have been given upon the depositing of the same in the United States Post Office in the City, in a properly stamped and addressed envelope; provided, that where the name and address of the persons entitled to notice are unknown, such notices shall be given by posting the same for a period of ten (10) days in a conspicuous place upon the property affected. Upon receipt of any such protests, the Director of Finance shall set a time and place for hearing of the same, which time shall not exceed ten (10) days from the last day for filing protests, and shall notify all protestants thereof by mail.

(§ 1, Ord. 97-440, eff. May 13, 1997)

(a) The Director of Finance, when considering the issue of public convenience and necessity as set forth in subsection (b)(3) of Section 5-21.10, may consider, but is not limited to, the following:

(1) The ability of the current operator(s) to perform the service in which the current operator(s) is permitted;

(2) The effect of multiple service providers within the City;

(3) The growth and development of the City at the present and in the future;

(4) The scope of service to be provided by the applicant;

(5) The reliability of the applicant's equipment;

(6) The ability of the current operator(s) and applicants to provide efficient service to passengers;

(7) The inability of the current operator(s) to handle the current demand for service;

(8) Evidence from complaints on file with the City Clerk registered against the current operator(s), and

(9) Innovative proposals of service to the public presented by the applicant including, but not limited to, guaranteed ride home programs, special services for the elderly and nonambulatory persons and/or the use of vehicles utilizing clean fuel technology.

(b) The Director of Finance shall have the power to deny the granting of an owner's permit if public convenience and necessity does not require the same or for any reasonable cause which, in the Director of Finance's sound discretion, is contrary to the public welfare.

(§ 1, Ord. 97-440, eff. May 13, 1997)

(a) Notwithstanding any provision of this chapter or any other ordinance of the City, this section shall apply to a taxicab owner who desires a taxicab owner's permit to operate before, during or after a special event or in the wake of a natural disaster.

(b) In the event of a natural disaster or special event as described herein, any person may apply for a taxicab owner's permit pursuant to the procedure set forth under this chapter, except that an owner applying for a special permit hereunder need only comply with the following sections this Code: Sections 5-21.02, 5-21.03, 5-21.05, 5-21.06, 5-21.09(a), 5-21.17, 5-21.24, 5-21.29, 5-21.31, 5-21.34, 5-21.36 and 5-21.40.

(c) (1)

Any person desiring an owner's permit under this section shall submit an application therefor pursuant to Section 5-21.09(a), to the City Clerk. Upon receipt of the application, a copy shall be forwarded to the Director of Public Works and the City Clerk shall then place the application on the next available agenda for City Council consideration. In the case of a natural disaster, the application may be considered for immediate action by the City Council at an emergency meeting pursuant to California Government Code, Section 54956.5. Same shall be acted upon by the City Council without the necessity of a public hearing. It shall be left to the discretion of the City Council to grant or deny any such permit and to limit the length of time any such permit shall be deemed valid. However, in no event shall any such permit be valid for a period in excess of sixty (60) days. Nothing contained hereto shall preclude an applicant from reapplying for a permit in the event of a natural disaster or special event hereunder, for additional periods of time for the same special event or during or after the same natural disaster.

(2) For the purposes of this section, the determination of what constitutes a special event shall be left to the discretion of the Council. However, in order to guide prospective applicants and the Council, special events include, but are not limited to, regional or local events calculated to draw a large number of people to either the City or the region, such as the Olympics, World Cup Soccer tournament, or other local or regional events deemed to be sufficient magnitude to warrant, in the Council's sole discretion, the temporary need for additional taxicabs.

(d) Upon approval of a permit hereunder, the City Clerk shall cause each vehicle to be inspected to determine if same is safe to operate as a taxicab in Maywood. A fee for such inspection shall be imposed as established by resolution of the Council. Upon passing inspection, the City Clerk shall issue a license for each vehicle.

(§ 1, Ord. 97-440, eff. May 13, 1997)

(a) In addition to the failure to set forth the information required by Section 521.09, the Director of Finance shall deny the owner's permit required by Section 5-21.03, if it shall appear to its satisfaction that any motor vehicle proposed to be operated is inadequate or unsafe; that the applicant has been convicted of a felony or a violation of any narcotic law or of any penal law involving moral turpitude within the seven (7) years preceding the application date.

(b) The Director of Finance shall have the power to revoke, suspend or cancel any such permit if public convenience and necessity does not require the same or for any reasonable cause which, in its sound discretion, is contrary to the public welfare.

(§ 1, Ord. 97-440, eff. May 13, 1997)

Any person aggrieved by the denial of an owner's permit, or permit for operating additional vehicles pursuant to Section 5-21.07, or from the denial of an application filed outside the acceptance period pursuant to Section 5-21.09(a), may appeal the decision of the Director of Finance to the City Council within the time, and the manner, provided in Chapter 4 of Title 1 of this Code.

(§ 1, Ord. 97-440, eff. May 13, 1997)

(a) Required. It is unlawful for any person to drive or operate a dial-a-ride vehicle, jitney or taxicab without first obtaining a driver's permit in writing to do so from the Chief of Police.

(b) Applications. Applicants for driver's permits shall file applications therefor with the Police Department upon blanks to be furnished by the City Clerk. Each such application shall be accompanied by a filling fee in an amount established by resolution of the City Council, sufficient to defray the costs incurred by the City in processing the application. The application shall set forth the name, age and address of the applicant, the applicant's past experience in operating automobiles, the names and addresses of the applicant's employers during the preceding period of three (3) years, the number of the applicant's California driver's license, a statement as to whether a driver's license has ever been issued to the applicant by California or any other state or governmental agency and whether any driver's license issued to the applicant has ever been suspended or revoked, the name and address of the owner of the vehicle which the applicant shall use (the employer shall endorse the application), and such additional information as may be required. A driver's permit shall be effective for one year from the date of issuance. Application for renewal shall be made with the City Clerk not later than thirty (30) days prior to the expiration date.

(c) Permit. Upon obtaining approval of a driver's permit, the holder shall be entitled to a permit of such design, and bearing a number, as the Chief of Police may prescribe upon payment of the required fee. The permit shall state the name of the employer or taxicab leasing company. Such permit shall be displayed conspicuously in the rear passenger compartment of the vehicle used by the permittee while driving or operating a vehicle for hire and shall not be transferable.

(d) Qualifications. No permit shall be issued to any of the following persons:

(1) Any person under the age of eighteen (18) years;

(2) Any person who is not legally entitled to work in the United States by reason of citizenship or immigration status; provided, however, this provision shall not apply to any person who by regulation, decree, edict or legislative enactment shall have been declared by an authorized agency of the United States of America to be a United States National;

(3) Any person who has:

(i) Been convicted of a felony;

(ii) Had his state driver's or chauffeur's license revoked or suspended;

(iii) Been convicted of driving while under the influence of intoxicating liquors;

(iv) Been convicted of driving while under the influence of narcotics or other drugs;

(v) During any continuous six (6) month period had three (3) or more convictions of any "moving violations" set forth in the California Vehicle Code and amendments thereto;

(vi) For any reason, including or other than the reasons set forth in this subsection, been declared in the opinion of the Chief of Police as rendering the applicant unfit to drive a vehicle for hire within the City; unless seven (7) years have elapsed since the conviction and two (2) years have elapsed since his discharge from a penal institution or after having been placed upon probation during which period of time his record has been good;

(4) Any person who has made any false statement in the application or as to any other information presented as part of the application process. Any person who fails to pass the City's controlled substance and alcohol testing certification program.

(e) Examination. Each applicant for a permit shall be interviewed by a person designated by the authority as to the applicant's knowledge of the provisions of this chapter, the traffic regulations, and the geography of the City, and if the result of the examination shall be unsatisfactory, the permit shall be refused.

(f) Driving test. Each applicant may demonstrate his skill and ability to drive safely, to safely handle his vehicle by driving it through the City accompanied by an inspector designated by the Chief of Police and must evidence a proficient knowledge of the traffic laws of the state and of the City.

(g) Upon satisfying the foregoing requirements, the driver shall be fingerprinted by, and the driver's record filed in the Police Division. Every driver's permit issued by the Chief of Police shall set forth the name of the driver, the driver's photograph, the name of the owner of the vehicle which the driver shall use.

(h) Controlled substance and alcohol testing program.

(1) Pursuant to Government Code Section 53075.5(b)(3), each applicant shall test negative for each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations.

(2) All drivers shall test negative each year for such controlled substances and for alcohol as a condition of permit renewal. A negative test for alcohol requires an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent. A qualifying test in or for another jurisdiction will be accepted as meeting the same requirement in the City of Maywood. Any negative test result will be accepted for one year as meeting the requirement of periodic renewal testing if the driver has not tested positive subsequent to the negative result.

(3) Requirements for rehabilitation and for return-to-duty and follow-up testing and other requirements are as specified in Part 382 (commencing with Section 38.101) of Title 49 of the Code of Federal Regulations.

(4) In the case of self-employed independent drivers, the test results shall be reported directly to the City which shall notify the taxicab leasing company of record, if any, of positive test results. In all other cases, the results shall be reported directly to the employing transportation operator, who may be required to periodically notify the City of positive results.

(5) Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of this program with regard to themselves. Employing transportation operators shall be responsible for compliance with, and shall pay all costs of this program with respect to their employees and potential employees except that an employer may require an employee who tests positive to pay the costs of rehabilitation and of return-to-duty and follow-up testing.

(6) Upon the request of a driver applying for a permit, the City shall provide the driver with a list of the facilities certified pursuant to Part 382 of Title 49 of the Code of Federal Regulations that offer tests in or near the City.

(7) No evidence derived from a positive test pursuant to this program shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances.

(i) Termination of employment. The driver's permit shall become void upon termination of employment for any reason. The employer, or driver if self-employed, shall notify the City upon termination of employment. The driver shall return the permit to the City upon such termination.

(j) Refusal to Renew—Revocation. The Chief of Police may suspend, revoke or refuse to renew an operators license if the driver or applicant has, since the granting of his permit:

(1) Been convicted of a felony;

(2) Had his state driver's or chauffeurs license revoked or suspended;

(3) Been convicted of reckless driving;

(4) Been convicted of driving while under the influence of intoxicating liquors;

(5) Been convicted of driving while under the influence of narcotics or other drugs;

(6) During any continuous six (6) month period had three (3) or more convictions of any "moving violations" set forth in the California Vehicle Code and amendments thereto;

(7) For any reason, including or other than the reasons set forth in this subsection, been declared in the opinion of the Chief of Police as rendering the applicant unfit to drive a vehicle for hire within the City.

(k) Any person or corporation which fails to submit an application for renewal of a driver's permit within the time limit prescribed in this section shall be charged a late renewal fee, which fee shall be established by resolution of the City Council pursuant to Section 5-21.02(b). This fee shall be in addition to any other remedy or penalty provided for elsewhere in this Code.

(§ 1, Ord. 97-440, eff. May 13, 1997)

Any person aggrieved by the denial, suspension or revocation of the driver's permit required by this chapter may appeal to the Council within the time and the manner provided in Chapter 4 of Title 1 of this Code.

(§ 1, Ord. 97-440, eff. May 13, 1997)

(a) No person shall drive or operate any dial-a-ride vehicle, jitney or taxicab other than one bearing the color scheme, name, monogram or insignia set forth in the application for the permit as provided in Section 5-21.09. No person shall change the color scheme, name, monogram or insignia without first having obtained the consent of the Director of Finance.

(b) No person shall drive or operate any automobile for hire, dial-a-ride vehicle, jitney or taxicab other than one bearing the vehicle identification number set forth in the application for the permit or license as provided in Sections 5-21.07, 5-21.08, 5-21.09(a) and 5-21.39.

(c) All persons or corporations having all owner's permit pursuant to this chapter shall submit to the City Clerk upon request of the City Clerk a statement signed under penalty of perjury showing the make, model, year, vehicle license number and vehicle identification, number of each vehicle which is to be available for hire commencing July 1st of that year.

(§ 1, Ord. 97-440, eff. May 13, 1997)

The owner of every automobile for hire, dial-a-ride vehicle, jitney or taxicab operating in the City shall file with his/her application for an owner's permit a true and correct schedule of fares to be charged for the transportation of passengers in any and all vehicles operated by such owner, and such owner shall not change or amend such fares in any manner without first filing such changed or amended fares with the City Clerk thirty (30) days prior to the effective date of such change or amendment. Owners of dial-a-ride vehicles shall also file with their applications a map of their fare zones, and such maps shall not be changed or amended except in accordance with the provisions of this section. No person shall charge, collect or receive any other or different compensation for the use of such automobile for hire, dial-a-ride vehicle, jitney or taxicab than that specified in the schedule of faxes on file with the City Clerk and at the time in effect.

(§ 1, Ord. 97-440, eff. May 13, 1997)

(a) Every automobile for hire, dial-a-fide vehicle, jitney and taxicab shall have displayed in plain view in the rear passenger compartment thereof at all times a sign stating in clearly legible characters the rates of fare charged for carrying passengers therein, the owner's name or the fictitious name under which the owner operates, the business address, and telephone number of such owner, and the license number furnished by the City Clerk.

(b) In addition to the sign required under subsection (a) of this section, every automobile for hire, dial-a-ride vehicle, jitney and taxicab shall have displayed in plain view in the rear passenger compartment thereof a permanently affixed printed sign not less than eight (8″) by five (5″) inches in size with lettering not less than three-sixteenths of an inch in height (or eighteen (18) point Helvetica regular), which sign shall contain the minimum following language:

NOTICE TO PASSENGERS

This vehicle is regulated for your health, safety, and convenience. The regulations require:

1. This vehicle to be kept neat, clean and sanitary.

2. The driver shall be courteous and neat and clean in appearance.

3. Smoking by the driver or passengers is prohibited.

If you have any reason to believe that this vehicle has not been operated in compliance with these requirements or that the service provided has been unsatisfactory, please call the City of Maywood at (213) 562-5000 between 8:00 a.m. and 5:00 p.m.

The exact location of the signs required by this section shall be approved by the City Clerk who shall be guided solely by the criteria set forth above.

(§ 1, Ord. 97-440, eff. May 13, 1997)

No owner or driver of any taxicab operated in the City pursuant to the terms of this chapter, shall have any such vehicle not equipped with a taximeter of such type and design as may be approved by the Chief Administrative Officer. The owner of such taxicab shall keep such meter accurate at all times. Such meter shall be subject to inspection from time to time. The Chief Administrative Officer or the Chief Administrative Officer's duly appointed agent, or any police officer of the City is authorized at his or her instance or upon the complaint of any person, to investigate such taximeter and upon discovery of any inaccuracy of such taximeter to remove or cause to be removed from service any such vehicle equipped with such taximeter until such taximeter shall have been repaired and accurately adjusted.

(§ 1, Ord. 97-440, eff. May 13, 1997)

The charge for any service to all patrons of a taxicab shall be calculated and indicated by a taximeter, 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 any such taxicab.

(§ 1, Ord. 97-440, eff. May 13, 1997)

No driver of any taxicab shall display the "flag" attached to the taximeter in the "in use" position until the passenger has entered the taxicab, except in the case of a request for a taxicab at a specified time and location in which case the "flag" may be placed in the "in-use" position at the time and location requested by the customer, or at any time thereafter, after the driver has personally contacted such customer. No driver, while carrying passengers, shall display the "flag" in such position as to denote that such vehicle is not employed, or to fail to place the "flag" in the "home" or "for hire" position at the termination of each and every service.

(§ 1, Ord. 97-440, eff. May 13, 1997)

No driver of any taxicab, upon receiving full payment for a fare as indicated by the taximeter, shall refuse to give a receipt upon the request of any passenger making such payment. Such receipt shall indicate the amount of the fare, the date, the initial location and destination of the trip, the taxicab number, and the name of the driver.

(§ 1, Ord. 97-440, eff. May 13, 1997)

The services of a taxicab operating pursuant to any permit granted under this chapter 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. No driver, owner, or his or her agent shall solicit passengers from or about the vehicle except through written and posted advertising.

(§ 1, Ord. 97-440, eff. May 13, 1997)

All persons engaged in the taxicab business in the City operating under this chapter shall render an overall service to the public desiring to use taxicabs and shall keep open twenty-four (24) hours a day for the purpose of receiving orders and dispatching vehicles. They shall answer and dispatch all calls received as soon as possible, and if service cannot be rendered within a reasonable time, they shall so notify the prospective passenger the approximate time that service can be rendered and give the reason therefor. The holder of any owner's permit who refuses to accept a call anywhere within the corporate limits of the City at any time when such owner has available vehicles or who fails or refuses to give service without reasonable cause relating to the health, safety or welfare of the driver, shall be deemed to be in violation of this chapter and his or her owner's permit shall be subject to revocation procedures.

(§ 1, Ord. 97-440, eff. May 13, 1997)

The services of an automobile for hire operating pursuant to any permit granted under this chapter shall be available only upon telephone call or upon engagement at the public or private garage from which such vehicle is operated. No person shall cruise or cause or permit to be cruised any automobile for hire. An automobile for hire shall be deemed to be cruising when it solicits or takes on any passenger other than in response to an order given at its garage, or in response to a telephone call requesting transportation.

(§ 1, Ord. 97-440, eff. May 13, 1997)

The services of a dial-a-ride vehicle operating pursuant to any permit granted under the provisions of this chapter shall be available only upon telephone call or by engagement to the vehicle when parked at a regular stand, but not otherwise. No dial-a-ride vehicle driver, owner or his or her agent shall solicit passengers from or about the vehicle, except through written and posted advertising.

(§ 1, Ord. 97-440, eff. May 13, 1997)

The services of a jitney operating pursuant to any permit granted under this chapter shall be available only upon engagement of the jitney at locations along its fixed route, but not otherwise. No jitney driver, owner or his or her agent shall solicit passengers from or about the vehicle, except through written and posted advertising.

(§ 1, Ord. 97-440, eff. May 13, 1997)

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 such taxicab shall solicit or carry additional passengers therein.

(§ 1, Ord. 97-440, eff. May 13, 1997)

No person shall refuse to pay the legal fare of any of the vehicles mentioned in this chapter, after having hired the same, and any person who shall hire any such vehicle with the intent to defraud the person from whom it is hired shall be punishable as provided in Chapter 2 of Title 1 of this Code.

(§ 1, Ord. 97-440, eff. May 13, 1997)

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 the passenger's destination; except that in the case of dial-a-ride vehicles the driver shall proceed as expeditiously as possible fit the general direction of all of the passengers, taking into consideration requests from additional customers, leaving such passengers at their prescribed destinations; and in the case of jitneys the driver shall travel a fixed route.

(§ 1, Ord. 97-440, eff. May 13, 1997)

Applications for a vehicle-for-hire stand may be submitted to the Director of Public Works by an applicant for an owner's permit, by any owner authorized to operate within the City, or by the Director of Finance. The Director of Public Works shall determine the dimensions and exact location of any vehicle-for-hire stand. The dimensions and location shall be set forth in any stand permit granted by the Director of Public Works, No such stand shall be of a size or at a location other than that approved by the Director of Public Works. Upon the granting of a permit under this chapter, every stand as designated by the Director of Public Works shall be marked as prescribed in Title 10 of this code.

(§ 1, Ord. 97-440, eff. May 13, 1997)

No stand shall be changed except upon written application to the Director of Public Works setting forth the proposed new location. Such application shall be accompanied by a list as provided for in Section 5-21.09(b) and shall be filed, heard and determined in the same manner as an original application.

(§ 1, Ord. 97-440, eff. May 13, 1997)

Any one stand as defined in Section 5-21.33 that is granted to any person, may be used jointly by any two (2) or more persons holding dial-a-ride, jitney or taxicab owner's permits under this chapter, provided that a stand may be shared only by vehicles in the same class, by the mutual consent of such persons, which consent must be first reduced to writing, properly signed, and filed with the City Clerk.

(§ 1, Ord. 97-440, eff. May 13, 1997)

No owner or driver of any automobile for hire, dial-a-ride vehicle, jitney or taxicab shall 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 vehicle; provided that a dial-a-ride vehicle, jitney or taxicab may park in a permitted stand.

(§ 1, Ord. 97-440, eff. May 13, 1997)

(a) Every automobile for hire, dial-a-ride vehicle, jitney or taxicab shall be maintained in a safe, neat, clean and sanitary condition.

(b) Every automobile for hire, dial-a-ride vehicle, jitney or taxicab shall be equipped with an air conditioning unit. These air conditioning units are to be in good working condition at all times.

(c) The driver of all such vehicles shall be courteous and clean of body and wearing apparel.

(d) Smoking by drivers or passengers in any such vehicle while same is available for, or actually hired for use, shall be prohibited.

(e) All vehicle-for-hire operations shall have handicapped-accessible vehicles as required by federal law as it now exists or may hereafter be amended.

(§ 1, Ord. 97-440, eff. May 13, 1997)

In the case of taxicabs, no vehicle driven in excess of 500,000 miles shall be allowed to operate as a taxicab within the City. In the case of nonemergency medical vehicles, no vehicle driven in excess of 500,000 miles shall be allowed to operate as a nonemergency medical vehicle within the City. Existing permittees shall comply with this section no later than January 1, 1995.

(§ 1, Ord. 97-440, eff. May 13, 1997)

(a) Each taxicab operated under an owner's permit shall be identified as a taxicab authorized to operate in the City by an identifying decal affixed to the upper front portion of the right and left front doors of the vehicle(s). These decals shall be issued by the City Clerk upon payment of a taxicab identification decal fee, as established by resolution of the City Council pursuant to Section 5-21.021(b) of this chapter. No person shall identify any taxicab by means of such decal or any facsimile thereof, unless authorized to do so by the Director of Finance.

(b) The taxicab identification decal shall remain affixed to the vehicle(s) until such a time as the age of the vehicle(s) exceed the vehicle age limit pursuant to Section 5-21.37 of this chapter, or in the event of revocation or suspension of the owner's permit under which the vehicle operates pursuant to Section 5-21.13 of this chapter, or in the event of accident in which the vehicle cannot be repaired. In the event of a situation as described herein, both identification decals shall be removed completely from the vehicle, placed on backing paper, and returned to the City Clerk. The fee for the decals shall not be refunded upon return of the decal.

(§ 1, Ord. 97-440, eff. May 13, 1997)

(a) No owner or driver shall operate, or cause to be operated, any automobile for hire, dial-a-ride vehicle, jitney or taxicab without an annual license having been issued for such vehicle, except as otherwise provided in this chapter.

(b) No owner or driver shall operate or cause to be operated any automobile for hire, dial-a-ride vehicle, jitney or taxicab while the same or any of the equipment used thereon or therewith shall be in a defective, unsafe or unsanitary condition. An annual inspection of each vehicle to be licensed in the City is to be completed within sixty (60) days prior to the expiration of the license, The annual inspection and certification is to be evidenced by two (2) authorized numbered decals issued by the City Clerk which are to be affixed to the center of the taxicab identification decals affixed to the upper, front portions of the right and left front doors of each licensed vehicle. The owner or operator shall keep a maintenance log on each vehicle. Each vehicle and the maintenance logs shall be available for inspection by the City at all times. The City Clerk or any duly authorized employee of the City Clerk or any police officer of the City is authorized at their instance or upon the complaint of any person to investigate and inspect every such vehicle at any time.

(c) Taxicab permittees shall retain their trip records for a period of six (6) months. During such time, the records shall be available for inspection by the City upon request.

(d) Every person or corporation operating an automobile for hire, dial-a-ride vehicle, jitney or taxicab shall pay a license fee for the full twelve (12) month period from July 1st of each year to June 30th of the following year. Any person applying for a license for less than the full twelve (12) month period for operating additional vehicles or a substitute vehicle for less than the annual period pursuant to Sections 5-21.07 and 5-21.08 of this code shall pay a prorated fee.

(e) (1)

A fee established by resolution of the City Council shall be charged for vehicle inspections required under a new application for an owner's permit, The fee shall cover the initial inspection and one reinspection, Any subsequent or further additional inspections as required to obtain a license shall be subject to an additional inspection fee which shall be established by resolution of the City Council pursuant to Section 5-21.02(b) of this chapter.

(2) This fee shall be in addition to any other remedy or penalty provided for elsewhere in this Code. This subsection shall not apply to spot inspections initiated by City employees.

(§ 1, Ord. 97-440, eff. May 13, 1997)

(a) No owner or driver shall drive or operate any automobile for hire, dial-a-ride vehicle, jitney or taxicab, or cause the same to be driven or operated, unless there is on file with the City Clerk and in full force and effect at all times while such vehicle is being operated, a policy of insurance or certificate evidencing issuance from an insurer licensed by the state of California to sell commercial automobile liability insurance, or a foreign insurance carrier domiciled within the United States but outside California, with a minimum A.M. Best Rating (or any successor entity) of B+, which will insure and indemnify the owner and the passengers riding in an owner's or a driver's vehicle against liability or financial loss resulting from damage to property, or injury occurring to persons or passengers from the operation of such vehicle, in an amount not less than One Hundred Thousand and no/100ths ($100,000.00) Dollars for bodily injury to any person, Three Hundred Thousand and no/100ths ($300,000.00) Dollars for any one accident, and Fifty Thousand and no/100ths ($50,000.00) Dollars for property damages. Such policy and certificate evidencing same shall contain a statement of obligation on the part of the insurance carrier to notify the City of any material change, cancellation or termination of the coverage, at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination. The insurance policy shall include and identify any deductible limit under fine policy, which limit shall be subject to approval by the City Attorney. Such policy of insurance shall provide that the insurer shall pay and satisfy any and all judgments imposed upon the insured or the operators of any of its vehicles, by operation of law for injuries to, or death of, persons other than employees of insured, or damages to property arising out of the operation of the motor vehicle of any kind or description for which a permit is required under this chapter. The policy of insurance or certificate evidencing issuance of such a policy of insurance, shall be approved as to form by the City Attorney.

(b) Notwithstanding the foregoing requirements for insurance, an owner of an automobile for hire, dial-a-ride vehicle, jitney or taxicab, may, in lieu of a policy of liability insurance with a deductible limit, provide a policy of liability insurance in the same limits as set forth in subsection (a) of this section, with a self-insured retention not to exceed Fifty Thousand and no/100ths ($50,000.00) Dollars, wherein the insurance policy includes an endorsement which generally provides that such insurance provides full coverage and that the insurance carrier is obligated to pay in full, all valid liability claims notwithstanding any self-insured retention.

(c) If, at any time, any policy of insurance issued hereunder shall be terminated, canceled or not renewed by the company issuing same, or the owner fails to comply with the provisions of this section, the owner shall replace such policy with another policy as above provided, in full compliance with this section, within thirty (30) days of such termination, cancellation, nonrenewal, or failure to comply with conditions. In default thereof, the Director of Finance shall revoke such owner's permit and license.

(d) Notwithstanding the requirements for insurance, under subsections (a) and (b) of this section, an owner of an automobile for hire, dial-a-ride vehicle, jitney or taxicab, may, in lieu of a policy of liability insurance, self insure against liability provided that:

(1) The owner files with the City Clerk a current balance sheet certified and audited by a certified public accountant, which indicates the owner has a net worth of at least One Million and no/100ths ($1,000,000.00) Dollars. Said certified and audited balance sheet shall be filed at periods from time to time as required by the City's Director of Finance, but not less than once annually.

(2) The owner files evidence satisfactory to the City that the owner is obligated to pay damages which it, or the operators of owner's vehicles, become legally obligated to pay as a result of injury to third persons and/or damage to real or personal property of third persons, resulting from the operation of any vehicles operating pursuant to permit under this chapter.

(3) The owner complies with the requirements of the City Attorney, including, but not limited to, the maintenance of adequate reserves, notice of claims, the policy of adjusting claims, and claims management procedures.

(4) The owner shall execute an indemnity agreement on a form provided by the City which provides that, by acceptance or use of the permit and election to self insure, owner agrees to keep and save free and harmless and defend the City, its officers, agents and employees against any and all claims, demands or causes of action, which may be asserted against them, or any of them, for damage to persons or property of whatsoever nature arising out of the operations conducted pursuant to any permit issued under this chapter.

The above requirements for self insurance are in addition to any requirements impose on the owner or operator of any automobile for hire, dial-a-ride vehicle, jitney or taxicab, by State law.

(e) In lieu of filing the certificate of insurance required in either subsection (a) or (b) of this section, and in lieu of full self insurance as set forth in subsection (d) of this section, an owner may elect to partially self insure against liability, provided that the owner follows the procedure outlined in subsection (d) and complies with all requirements therein, except that for purposes of partial insurance, the owner may submit a current balance sheet to the City Clerk certified and audited by a certified public accountant, which indicates the owner has a net worth of at least Five Hundred Thousand and no/100ths ($500,000.00) Dollars. Any election to partially self insure may include a self-insured retention which shall not exceed Fifty Thousand and no/100ths ($50,000.00) Dollars.

(f) Whenever the City shall find that the owner does not comply with the provisions of subsection (d) or (e) of this section, the City Clerk may revoke the authority of the owner to file balance sheets in lieu of a policy of liability insurance anti shall requite the owner to file a policy of liability insurance as provided in subsection (a) or (b) of this section, and within the time limits set forth under subsection (c) of this section.

(g) The insurance requirements under this section shall be inapplicable to any bus service, dial-a-ride, or other transportation service which is under direct contract with the City to provide transportation services. Any insurance requirements for such direct contract transportation service shall be set forth in the contract and approved by the City Attorney.

(§ 1, Ord. 97-440, eff. May 13, 1997)

It shall be the duty of the Chief of Police of the City to enforce this chapter.

(§ 1, Ord. 97-440, eff. May 13, 1997)