McFarland Municipal Code Ch. 5.52 Taxicabs

Footnotes:

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Editor's note— Ord. No. 007-2009, § 1, adopted November 12, 2009, set out provisions intended for use as Chapter 5.48. For purposes of classification, and at the editor's discretion, these provisions have been included as Chapter 5.52.

As used in this chapter, "taxicab" shall have the same meaning as in Section 5412.2(b) of the California Public Utilities Code or as same is amended from time to time.

(Ord. No. 007-2009, § 1, 11-12-09)

It is unlawful for any person to operate, or cause to be operated, any taxicab along or upon any public street in the city without first having obtained a permit in accordance with the provisions of this chapter, or without having complied with all of the provisions of this chapter.

(Ord. No. 007-2009, § 1, 11-12-09)

Any person desiring to obtain the permit referred to in Section 5.52.020 shall pay a fee which shall be established by the city council by resolution or minute order to the city clerk, and make application for such permit to the city manager. The application shall set forth:

A. The name and address of the applicant and, if a company, the names and addresses of its principal officers or of each of its partners or members;

B. A description of every motor vehicle which the applicant proposes to use, including its trade name, motor and serial number, state license number, seating capacity, and body style;

C. A schedule of proposed fares;

D. The distinctive color scheme, name, monogram or insignia, if any, which applicant proposes to be used on his taxicabs;

E. Street number and exact location of the place or places where applicant proposes to stand taxicabs. If any such place is to be in a public street, the application must be accompanied by the written consent thereto of the owner of any building in front of which such stand is to be located.

(Ord. No. 007-2009, § 1, 11-12-09; Ord. No. 002-2010, § 1, 2-11-10)

The following grounds shall be sufficient for denial of the application by the city manager:

A. That the application is not in the form or does not contain the information required by Section 5.52.030;

B. That the vehicle or vehicles described in the application are inadequate or unsafe for the purposes for which they are to be used;

C. That the color scheme, name, monogram or insignia to be used upon the taxicabs in question is in conflict with or imitates or so closely resembles the color scheme, name, monogram or insignia of another permit holder as to be misleading or tend to confuse or deceive the public;

D. That the location of any cab stand, as designated in the application, will congest or interfere with travel on any public street, or is within three hundred feet of any other stand theretofore authorized;

E. That the applicant has had a prior permit revoked.

(Ord. No. 007-2009, § 1, 11-12-09; Ord. No. 002-2010, § 1, 2-11-10)

If the city manager otherwise approves the permit, the city manager shall refer the proposed rates to the city council for the city council's approval. The city council may approve or deny the rates. upon denial, the applicant may submit a different proposed rate schedule for further review by the city council.

(Ord. No. 007-2009, § 1, 11-12-09; Ord. No. 002-2010, § 1, 2-11-10)

Before a permit shall be issued, the applicant shall provide evidence of liability insurance in an amount not less than one million dollars per occurrence, in a combined single limit insurance policy issued in standard form by a company authorized and qualified to do business in the state. The policy shall not be cancellable without thirty days prior written notice to the city.

(Ord. No. 007-2009, § 1, 11-12-09)

No permit issued under the terms of this chapter shall be transferable, either by contract or operation of law, without the permission of the city council, and any such attempted transfer shall be sufficient cause for revocation of the permit.

(Ord. No. 007-2009, § 1, 11-12-09)

Any permit granted under the provisions of this chapter may be revoked by the city manager, either as a whole or as to any car or cars described therein, or as to the right to use any distinctive color, monogram or insignia, after five days' notice to the permit holder, requiring him to appear at a certain time and place and show cause why the permit should not be revoked for any of the following reasons:

A. The undertaking provided for in Section 5.52.080 has not been given or has been withdrawn or lapsed for nonpayment of premium, or is not in force for any reason;

B. The nonpayment of any city business license fee;

C. Failure to observe any of the rules and regulations or provisions set forth in this chapter;

D. The violation of any law of the state, or ordinance of the city, pertaining to the operation of taxicabs or motor vehicles, by a permit holder, operator, or driver of a taxicab;

E. Failure to maintain satisfactory service to the public, or failure to keep any vehicle described in the permit in use for an unreasonable length of time, or failure to use the distinctive color, monogram or insignia described in the application;

F. Any cause which, in the opinion of the city council, makes it contrary to the public interest, convenience and necessity for the permit to be continued.

(Ord. No. 007-2009, § 1, 11-12-09; Ord. No. 002-2010, § 1, 2-11-10)

A. It is unlawful for any person to operate a taxicab within the city without having first obtained a class C driver's license from the state and a city taxicab driver's permit, issued in writing by the chief of police.

B. Each applicant for a driver's permit shall file an application therefor with the chief of police, accompanied by a fee to be established by resolution by the city council.

C. No permit shall be issued to any driver or operator under the age of twenty-one years, or to any person who is for any reason whatever is unable or incompetent to safely operate an automobile as reasonably determined by the city manager, or who is not a citizen of the United States, or who has not lawfully declared his intention of becoming such, or to any person who has been convicted of a felony, or to any person who within a period of two years immediately preceding such application has been convicted of reckless driving, or of driving a vehicle upon a highway while under the influence of intoxicating liquor or drugs, or to any person who is for any reason whatever unable or incompetent to safely operate an automobile.

D. Each applicant must demonstrate his skill and ability to operate a motor vehicle, under such conditions as the chief of police may prescribe.

E. Each applicant for a permit shall also be examined by a person designated by the chief of police as to his knowledge of the provisions of this chapter, traffic regulations, and the geography of the city, and if the result of the examination is unsatisfactory, a permit shall be refused.

F. The chief of police may refuse a permit to any person if, after investigation, it appears to him that the issuance thereof would not be compatible with the public interest and welfare.

(Ord. No. 007-2009, § 1, 11-12-09; Ord. No. 002-2010, § 1, 2-11-10)

A. Upon obtaining a permit, as required in this chapter, the holder thereof shall be entitled to a badge of such design and having such number as the chief of police may prescribe; also an identification card.

B. Such badge and card shall be the property of the city, and must be returned to the police department upon the termination of employment in the city as an operator of a taxicab, but such badge and card must be carried on the person of such operator while employed and shown upon demand.

(Ord. No. 007-2009, § 1, 11-12-09)

The following rules and regulations shall be observed by all persons operating taxicabs, and it is unlawful to operate any taxicab in violation of such rules and regulations:

A. No taxicab shall remain standing upon any public street except for unloading and loading passengers, and then for a period not exceeding five minutes, except at a stand authorized by the city manager. This section shall have no application to any taxicab while it is engaged by a passenger.

B. The operator of a taxicab shall carry passengers to their destinations by the most direct and accessible route, unless otherwise directed by a passenger.

C. All taxicabs shall be kept in good mechanical condition, and operated in a careful and prudent manner.

(Ord. No. 007-2009, § 1, 11-12-09; Ord. No. 002-2010, § 1, 2-11-10)

In the event that any permit holder desires to change his schedule of rates and charges, or color scheme, name, monogram or insignia used on such taxicab, or to substitute any vehicle for and in place of the vehicle or vehicles described in the application for permit, or to increase or decrease the number of vehicles operated by him, he shall first make application for permission to do so from the city manager, which permission shall be granted if, in the discretion of the city manager, it deems the public interest, necessity and convenience will be subserved by such change, and provided further that the permit holder has complied with all provisions of this chapter. The application fee shall be established by the city council by resolution.

(Ord. No. 007-2009, § 1, 11-12-09; Ord. No. 002-2010, § 1, 2-11-10)

Every taxicab shall have posted in the passenger's compartment a schedule of rates and charges for the hire of the vehicle, a copy of this chapter, also a card bearing the owner's name, address and telephone number, and the police department phone number, all contained in a metal container or holder and placed in conspicuous place in the passenger department.

(Ord. No. 007-2009, § 1, 11-12-09)

No taxicab shall be operated unless the passenger compartment is kept in a clean and sanitary condition.

(Ord. No. 007-2009, § 1, 11-12-09)

Every taxicab shall be equipped with a light of not less than two candlepower, so arranged as to illuminate the whole of the passenger compartment; the light shall be constantly lighted while any passenger is in the vehicle (except when the same is in motion) from one-half hour after sunset until one-half hour before sunrise of the next day, and no shades or blinds shall be drawn over the windows while any passenger is in the vehicle.

(Ord. No. 007-2009, § 1, 11-12-09)