Merced Municipal Code Art. I Generally

The following words and phrases, when used in this chapter, shall have the meanings respectively ascribed to them in this section:

A. "Driver" means every person in charge of or operating any passenger-carrying or motor-propelled vehicle as herein defined, either as agent, employee or otherwise, of owner, as owner or under the direction of the owner, as herein defined.

B. "Owner" means every person, firm or corporation having use or control of any passenger-carrying automobile or motor-propelled vehicle as defined in this section, whether as owner, lessee or otherwise.

C. "Street" means any place commonly used for the purpose of public travel.

D. "Taxicab" means every automobile or motor-propelled vehicle of a distinctive color, such as is in common usage in this country for taxicabs, or operated at rates per mile, for waiting time or for bath, and equipped with a taximeter used for the transportation of passengers for hire over the public streets of the city and not over a defined route, and irrespective of whether the operations extend beyond the boundary limits of the city, and such vehicle is routed under the direction of the passengers or of any persons hiring the same.

E. "Taximeters" means any mechanical instrument, appliance, device or machine by which the charge for hire of a passenger-carrying vehicle is mechanically calculated and printed, either for distance traveled or time consumed, or both, and upon such instrument, appliance, device or machine such charge is indicated by figures and such figures imprinted upon a receipt which may be handed or delivered to the patron of such passenger-carrying vehicle.

(Prior code § 27.1).

Every person who under this chapter has been issued a certificate of public convenience and necessity shall pay the following registration and license fees to the city:

A one hundred twenty dollar ($120.00) registration fee for the first car and a six dollar ($6.00) registration fee for each additional car, and a license fee of six dollars ($6.00) per car per quarter.

(Prior code § 27.2).

All taxicabs or other vehicles employed in the city for the purpose of transporting passengers for hire, except vehicles operating from a fixed terminal over regular routes, shall be equipped with and carry a sign in the rear and on the front part of the vehicle bearing the ward "TAXI," the letters of which may be either block or gothic type not less than five (5) inches in height and the stems of such letters shall not be less than three-fourths of an inch in height, together with the telephone number of the concern, company, corporation or association owning the taxicab, which telephone number shall be in numerals either block or gothic type not less than two (2) inches in height, with stems or lines one-fourth of an inch in height. In the event such taxicab is an extra or spare cab not in regular use and being substituted for one (1) of the taxicabs regularly licensed by this chapter, such taxicab must be identified in addition to the foregoing signs by a card, placard or sign fixed to the rear and to the front of the taxicab in like letters of either block or gothic type at least five (5) inches high containing the word "EXTRA" OR "SPARE."

(Prior code § 27.3).

The chief of police, or any member of the police department under his direction, shall have the right at any time after displaying proper identification to enter into or upon any certified taxicab for the purpose of ascertaining whether or not any of the provisions of this chapter are being violated.

(Prior code § 27.4).

Before any taxicab is placed in service, it shall first be inspected for safety by the police department. If a taxicab is found to be unsafe, it shall not be placed in service. Thereafter, any taxicab which is found after any inspection by any member of the police department to be unsafe or in any way unsuitable for taxicab service it shall be immediately ordered out of service. Before such taxicab shall again be placed in service, it shall be placed in a safe condition and such condition shall be verified by the police department.

(Prior code § 27.5).

(Ord. No. 2343, § 10, 10-19-2009)

The interior of every taxicab shall be thoroughly cleaned at least once in every twenty-four (24) hours.

(Prior code § 27.6).

It shall be unlawful and a misdemeanor, subject to punishment in accordance with Chapter 1.12 of this code, for any person to operate any vehicle in this city as a taxicab unless and until the following conditions have been fulfilled:

A. There shall have been issued by a company or companies duly authorized to transact insurance business in the state, and maintained in full force and effect, a policy of automobile liability insurance covering taxicab operations and insuring the financial responsibility of the owner and the operator of such taxicab for claims, damages, or causes of action arising out of the operation of such taxicab in amounts not less than one hundred thousand dollars ($100,000.00) for bodily injury or death of any one (1) person, and three hundred thousand dollars ($300,000.00) for bodily injuries or deaths arising out of any one (1) occurrence, and twenty-five thousand dollars ($25,000.00) for property damage or in such amounts, type, and/or form as set by resolution of the city council; and

B. There shall be filed with the city clerk a certificate issued by such insurance company as evidence that such insurance has been issued and is in effect, which certificate shall provide that the insurance evidenced shall not be cancelled for any cause without thirty (30) days' notice in writing to the city clerk. Upon request of the city clerk, the original policy of such insurance shall be made available for examination and review to determine compliance with the above conditions.

(Ord. 1216 § 1, 1978: prior code § 27.7).

(Ord. No. 2343, § 11, 10-19-2009)

The city council may locate and designate taxicab stands in addition to those established by Section 10.32.100. Such stands when so established shall be designated "Taxis Only," or same other appropriate designation. Such stands and the permits heretofore issued and hereinafter issued to any person, individual, company or association are nontransferable. One (1) stand only shall be issued to each taxicab company operating within the city.

(Prior code § 27.9).

It is unlawful for the owner, driver or operator of any taxicab to park or leave standing, or permit to leave standing his taxicab except in a regularly established taxicab stand on such streets of the city as are provided with parking spaces, or to stop or leave his taxicab along the curb or portion of street for the parking of vehicles on such streets as have been designated as the parking space for the parking of vehicles, for taking on or discharging passengers, except in the regularly established taxicab stand; provided, that between the hours of ten p.m. and eight a.m. of the following day, such taxicab may stop, stand or park in any place where the parking of vehicles is otherwise permitted; provided, however, that the right to park during the hours of ten p.m. to eight a.m. of the following day shall not relieve the persons so parking the taxicab or causing the taxicab to be parked, from liability under any other provision of this code or any ordinance of the city now existing or which hereafter may be passed, referring to the parking of vehicles between such hours.

(Prior code § 27.10).

It is unlawful for any taxicab to remain standing in any established taxicab stand unless the taxicab is attended by a driver or operator, except when assisting passengers to load or unload, or when answering his telephone.

(Prior code § 27.11).

Any taxicab driver employed to transport passengers to a definite point shall take the most direct route possible that will carry the passenger to his destination safely and expeditiously.

(Prior code § 27.12).

Unoccupied taxicabs shall not be operated over public streets in search of, or soliciting prospective passengers for hire.

(Prior code § 27.13).

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

(Prior code § 27.14).

No driver of any motor vehicle described in this chapter shall drink or use any intoxicating liquor or take any controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations while he is on duty.

(Ord. 1951 § 2, 1997: prior code § 27.15).

No driver shall work as a driver for more than a maximum of ten (10) hours in any twenty-four (24) hour period.

(Prior code § 27.16).

Every person licensed to operate taxicabs under this chapter shall keep a daily record of the operation of each taxicab in service. Such record shall be retained by the owner of the taxicab company for a period of no less than three (3) years and shall be open for inspection at all times by the chief of police or any person designated by him or the city council. The record shall contain the following facts:

1. Month, day and year;

2. Location and time of pickup;

3. Destination and time reached; and

4. Number of passengers carried.

It shall be the duty of the driver to record the foregoing facts upon the completion of each trip or hiring.

(Prior code § 27.17).

(Ord. No. 2343, § 12, 10-19-2009)