Mendota Municipal Code Ch. 5.52 Taxicabs

For the purposes of this chapter, the following words have the meanings set out in this section:

"Taxicab" means a motor-propelled passenger carrying vehicle used for the transportation of passengers for hire over and along the public streets, not over a defined route, but as to route and destination in accordance with and under the direction of the person hiring such vehicle.

"Taxicab driver" means the person exercising actual control over any motor vehicle operated as a taxicab.

(Prior code § 4.08.001)

No person shall engage in the business of operating a taxicab for the transportation of persons for hire within the city without first having been issued a permit in writing from the city authorizing him/her to do so, and without complying with all of the requirements of this chapter.

(Prior code § 4.08.002)

Each applicant for a permit to operate a taxicab shall file with the city clerk an application, under oath, containing the following information:

A. Name of the applicant;

B. Residence and business addresses of the applicant;

C. Whether or not a taxi permit held by the applicant was ever previously revoked, and if so, the circumstances of such revocation;

D. The number of vehicles proposed to be operated under the permit;

E. Social Security number of the applicant;

F. California driver's license number of the applicant; and

G. Such other information as the chief of police deems necessary.

(Prior code § 4.08.003)

Upon the issuance to any person of a permit provided for in this chapter, the grantee thereof shall present the same to the city clerk, who shall thereupon issue to such person a seal or decal for each of the taxicabs described in said permit, and which shall bear the words "Mendota, Calif. Taxicab No. ." Said seals or decals shall be attached to the rear exterior of each of the taxicabs described in said permit and shall not be removed or attached to any other vehicle except that the same may be removed for the purpose of surrender to the city. A license fee for each taxicab described in any permit that may be issued is fixed at the sum of one hundred dollars ($100.00) per year, or fraction thereof, payable annually in advance, and no permit issued under the provisions of this chapter shall authorize the operation of any taxicab unless said license fee shall have been paid.

(Prior code § 4.08.011)

No permit shall be issued to any person if:

A. The applicant is not a person of good moral character;

B. The applicant does not have a safe driving record;

C. Any taxicab proposed to be operated is inadequate or insufficient for the purpose intended, or is insufficiently equipped with reasonable safety devices and covered by insurance, as provided in this chapter;

D. The applicant proposes to engage in said business under a fictitious name or names which, in the opinion of the chief of police, so closely resembles the fictitious name or names of any person, firm or corporation already engaged in the same business in the city as may tend to deceive the public;

E. The applicant proposes to use upon his taxicab a peculiar or distinguishing color scheme or design of dress which, in the opinion of the chief of police, so closely resembles a color scheme or design already used upon the taxicab of any other person engaged in the same business as may tend to deceive or defraud the public;

F. The applicant submitted false or misleading information in his/her application.

(Prior code § 4.08.006)

A. Upon the filing of an application for a permit with the city clerk, he/she shall immediately transmit a copy thereof to the chief of police, who shall cause an investigation to be made and shall report his/her findings in writing to the city manager including the following information:

1. The criminal record and moral character of the applicant;

2. The financial responsibility and experience of the applicant;

3. The number, make, mechanical condition, type of equipment and the color scheme to be used by the taxi permit applicant;

4. Such other relevant facts as the chief of police may deem advisable.

B. The city manager shall thereafter make his recommendation as to the granting or denial of such application, and shall file his recommendation, together with the report of the chief of police, with the city clerk for consideration by the city council.

(Amended during 1995 codification; prior code § 4.08.004)

The city council shall consider the taxi permit application at a public hearing. The city council shall approve issuance of the permit if it finds that the public convenience and necessity would be served by granting the application. All permits shall contain the following information:

A. The name and address of the permittee and the name under which he/she operates;

B. The number of taxicabs permitted;

C. The color scheme and characteristic insignia to be used to designate the taxicabs of the permittee;

D. A statement that the operator of the taxicabs is subject to and will operate in accordance with all of the terms, requirements and provisions of this chapter;

E. A statement that the permit shall remain in full force and effect until revoked in the manner provided by this chapter;

F. The permit shall assign a separate number to be placed upon each taxicab to be operated by the permittee. The number so designated and the name of the operator shall be placed on each taxicab, in letters or figures not less than two inches in height, in the place or places and in the manner directed by the chief of police;

G. Such additional matters as the city council may deem necessary or proper to be inserted on the permit.

(Prior code § 4.08.005)

No permit issued under the provisions of this chapter may be assigned or transferred without the consent of the city council, and no grantee shall allow any other person to operate said taxicab business under such permit.

(Prior code § 4.08.007)

No grantee of a permit shall make any changes in the color or distinguishing characteristics of his taxicabs unless the permission of the chief of police has been first obtained.

(Prior code § 4.08.008)

A. The chief of police may suspend or revoke a permit for any of the following reasons:

1. If the owner's record is, in his judgment, unsatisfactory;

2. If the owner fails to operate taxicabs in accordance with the terms and provisions of this chapter;

3. If the owner discontinues or suspends operation of, or fails to put into operation a taxicab for a period of thirty (30) days without permission first had and obtained from the chief of police;

4. If any taxicab is operated at rate of fare other than that provided by this chapter;

5. For any other reason which, in the opinion of the chief of police, warrants revocation.

B. Every owner of a taxicab whose permit shall have been revoked by the chief of police may within seven days after receipt of notice thereof appeal to the city council for a hearing thereon; and the decision of the city council on such appeal shall be final. In case of suspension, the chief of police may, within a period of fifteen (15) days from the date thereof, revoke the order of suspension in the event the owner complies with the directions of the chief of police within said time. If the owner fails to comply with the directions of the chief of police within said fifteen-day period, the chief of police shall thereupon revoke the permit, subject to the owner's right of appeal to the city council within seven days thereafter as provided in this chapter.

C. The city council, for any of the foregoing causes or for any other reason which in its judgment requires such action, may on its own motion revoke any permit after hearing, and its action shall be final.

(Prior code § 4.08.010)

No grantee of a permit shall operate any taxicab until same has been approved by the chief of police and until the number and designation therefor has been issued by him. No grantee of a permit shall operate any taxicabs other than those approved by the chief of police and other than those authorized by the permit; provided, however, that in case of an emergency, either by destruction of or damage to a taxicab, or otherwise, which makes impossible the use of a taxicab for which a permit has been issued, the chief of police may authorize the use of another taxicab by a temporary permit in lieu of the one not able to be operated; provided, however, that where the taxicab is totally destroyed, the chief of police may give a permanent permit for another taxicab to which shall be transferred the number formerly on the destroyed vehicle.

(Prior code § 4.08.009)

A. No taxicab shall be driven or operated in the city unless the owner thereof shall have obtained a motor vehicle liability insurance policy or policies from a responsible and solvent corporation, authorized to issue such policies under the laws of the state of California, insuring said owner and covering such taxicab, and also unless said owner shall file with the city clerk of the city said policy or policies or duplicates thereof. The city council may at any time require an owner to replace such policy or duplicates with another policy or duplicates and if such owner fails to do so within ten days from the date of any such notice, in accordance with the provisions thereof, then at the termination of said ten days, the owner's permit for the taxicab covered by such policy shall be automatically suspended until such time as said requirement is complied with.

B. Each motor vehicle liability insurance policy required under this chapter, in addition to the provisions required to be therein under the laws of the state of California, shall provide coverage under the National Standard Liability Form and shall also provide that such policy covers any and all taxicabs which may be driven or operated by or for the owner insured under said policy, such policy shall insure the owner and any other person driving, using or responsible for the use of any taxicab covered by said policy, with the consent, express or implied, of said owner against loss from the liability imposed on any of them by law for injury to, or death of, any person, or damage to property, arising from or growing out of the maintenance, operation or ownership of any taxicab covered by the policy to the amount or limit, exclusive of interest and costs, as follows:

1. Fifty thousand dollars ($50,000.00) property damage;

2. Three hundred thousand dollars ($300,000.00) for death or injuries to any one person in any one accident;

3. Three hundred thousand dollars ($300,000.00) for death or injuries to two or more persons in any one accident.

C. Such policy shall be a continuing liability up to the full amount thereof, notwithstanding any recovery thereon; such policy, in the events of the death of the owner, insured to, and is for the benefit and protection of, any person who shall sustain or suffer any damage or injury, or to the heirs, or legal representatives of any such person, as the case may be, who may be so damaged or injured or suffer death by reason of the negligent operation of any taxicab, covered by the policy, during the period covered by the policy and the life of the owner; and any such person, or the heirs or legal representatives of any such person, as the case may be, may in such event, sue the insurance carrier provided that any such action must be brought within the period of time that an action of the policy could have been brought against the owner if he had not died and that no recovery can be had in such action in excess of the limits of the policy, and further provided that the payments required to be made in such events shall be made directly to any such person, or the heirs or legal representatives of any such person, as the case may be.

(Prior code § 4.08.019)

There shall be displayed in the passenger compartment of each taxicab, in full view of the passenger, a card not less than four inches by eight inches in size, which shall have plainly printed thereon the name of the owner, or the fictitious name under which said owner operates, the business address and telephone number of said owner and a correct schedule of the rates prescribed by this chapter to be charged for conveyance in said taxicab.

(Prior code § 4.08.015)

The driver of any taxicab shall answer all calls received in the order of their receipt.

(Prior code § 4.08.017)

No driver of any taxicab shall transport any larger number of passengers than the rated seating capacity of his taxicab.

(Prior code § 4.08.016)

In case any taxicab shall, while carrying any passenger or passengers for hire, become disabled or break down, the passengers shall not be charged any fare.

(Prior code § 4.08.018)

When a taxicab is engaged by the hour, the driver, at the time of hiring, shall hand to the passenger a card upon which shall appear:

A. The name and address of the owner;

B. The name of the driver of such taxicab and the number of his chauffeur's license; and

C. The exact time of such hiring.

(Prior code § 4.08.014)

All drivers of taxicabs upon payment of the fare shall give a receipt when requested for the fare paid.

(Prior code § 4.08.012)

The driver of a taxicab shall immediately report to the owner all property of value left in his taxicab by any passenger and not returned to the lawful owner, and the owner shall report the existence of such property to the chief of police before the expiration of twenty-four (24) hours after receiving such property.

(Prior code § 4.08.013)

Every person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be punishable by a fine of not more than three hundred dollars ($300.00), or by imprisonment in the county jail for a period of not more than ninety (90) days, or by both such fine and imprisonment.

(Prior code § 4.08.020)