Mission Viejo Municipal Code Div. 4 Operation of Taxicabs

Footnotes:

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Editor's note— Ord. No. 97-178, adopted Dec. 15, 1997, repealed former §§ 5.03.410, 5.03.415, relative to taxicab stands, and re-enacted §§ 5.03.410—5.03.480 to read as herein set out. The provisions of former §§ 5.03.410 and 5.03.415 derived from §§ 4(5-3-42) and 4(5-3-43) of Ord. No. 88-12, adopted June 27, 1988.

For purposes of this division, the words and terms set forth below shall be construed in accordance with the following definitions:

City means the City of Mission Viejo.

City authorization means city authorization to operate a taxicab business in the city.

Driver means a person who drives or controls the movements of a taxicab.

Driver's permit means a valid permit issued by OCTAP authorizing a person to drive or control the movements of a taxicab.

OCTAP means the Orange County Taxi Administration Program administered by the Orange County Transportation Authority.

Operate a taxicab means to drive a taxicab and either solicit or pick up passengers for hire in the city.

Owner means the registered owner or lessor of a taxicab.

Person includes natural person, firm, association, organization, partnership, business, trust, corporation, or public entity.

Taxicab means a vehicle operated within the jurisdiction of the city, capable of carrying not more than eight persons, excluding the driver, and used to carry passengers for hire. The term shall exclude a vehicle operating as a charter party carrier licensed as such by any state agency, including the public utilities commission, or any other vehicle having a certificate of public convenience and necessity issued by any state agency, including the public utilities commission.

Taxicab business permit means a valid permit issued by OCTAP authorizing a person to operate a taxicab business.

Taxicab stand means a portion of the street designated for the use of taxicabs waiting for employment or hire.

Taxicab vehicle permit means a valid permit issued by OCTAP authorizing a particular vehicle to be operated as a taxicab.

(Ord. No. 97-178, § 2, 12-15-97)

(a) A person shall operate a taxicab only if the owner of that taxicab is authorized by OCTAP to operate a taxicab business.

(b) An owner shall allow a taxicab owned by or under the control of the owner to be operated only if the owner is authorized by OCTAP to operate a taxicab business.

(c) City's authorization to operate a taxicab and taxicab business in the city shall be deemed granted provided each driver and taxicab business possesses all required OCTAP permits.

(Ord. No. 97-178, § 2, 12-15-97)

A person shall operate a taxicab only if that person possesses a driver's permit and city authorization has been granted. An owner shall allow a driver to operate a taxicab owned by or under the control of the owner only if that driver possesses a driver's permit and city authorization has been granted.

(Ord. No. 97-178, § 2, 12-15-97)

A person shall operate a taxicab only if that vehicle displays a taxicab vehicle permit and if city authorization has been granted. An owner shall allow a taxicab owned by or under the control of the owner to be operated in the city only if that vehicle displays a taxicab vehicle permit and if city authorization has been granted.

(Ord. No. 97-178, § 2, 12-15-97)

A person shall operate a taxicab business in the city only if that person possesses a taxicab business permit and if city authorization has been granted.

(Ord. No. 97-178, § 2, 12-15-97)

Application for a driver's permit, taxicab vehicle permit or taxicab business permit shall be made to OCTAP, upon a form provided by OCTAP and shall be accompanied by an application fee sufficient to cover the administrative costs of processing said application as established by the Orange County Transportation Authority.

(Ord. No. 97-178, § 2, 12-15-97)

Each driver shall test negative for controlled substances and alcohol as required by any and all applicable state and federal statutes.

(Ord. No. 97-178, § 2, 12-15-97)

Each driver operating a taxicab in the city shall at all times carry proof of insurance covering that vehicle, with such policy limits and coverage as established by OCTAP and adopted by resolution of the city council. Said proof of insurance must clearly identify the vehicle covered.

(Ord. No. 97-178, § 2, 12-15-97)

No permit issued under this division shall be used by or assigned to any person or vehicle other than the person or vehicle named in such permit.

(Ord. No. 97-178, § 2, 12-15-97)

A taxicab operated under the authority of this division shall be equipped according to the standards established by OCTAP and adopted by resolution of the city council.

(Ord. No. 97-178, § 2, 12-15-97)

A taxicab operated under the authority of this division shall be maintained according to the standards established by OCTAP and adopted by resolution of the city council.

(Ord. No. 97-178, § 2, 12-15-97)

(a) Each driver shall carry each passenger to his/her destination by only the most direct and accessible route.

(b) Each taxicab shall have all permits issued by OCTAP conspicuously displayed according to the standards established by OCTAP and adopted by resolution of the city council.

(c) Each taxicab shall have the following information continuously posted in a prominent location in the taxicab passenger's compartment according to the standards established by OCTAP and adopted by resolution of the city council:

(1) A schedule of rates and charges for the hire of said taxicab;

(2) The driver's name and address;

(3) The owner's name, address and telephone number;

(4) The taxicab identification number;

(5) The driver's permit issued pursuant to this chapter;

(6) The taxicab vehicle permit issued pursuant to this chapter; and

(7) Any other information required by the city.

(d) Each driver shall give a receipt for the amount charged upon the request of the person paying the fare.

(e) Each taxicab shall be operated only if the passenger compartment is kept in a clean and sanitary condition.

(f) A driver shall not leave his or her taxicab to solicit passengers.

(g) The name or trade name of the owner and the number by which the taxicab is designated shall be printed, stamped or stenciled conspicuously on the outside of each taxicab according to the standards established by OCTAP and adopted by resolution of the city council.

(Ord. No. 97-178, § 2, 12-15-97)

No driver shall charge rates or charges other than those established by OCTAP and adopted by resolution of the city council.

(Ord. No. 97-178, § 2, 12-15-97)

The requirements of this division are separate and independent from all other provisions of this Code, including, but not limited to, those provisions related to business licensing.

(Ord. No. 97-178, § 2, 12-15-97)

(a) No owner or driver of any taxicab shall park or stand the same upon any public street in the city, other than at a taxicab stand for which the owner has a permit, for any period longer than is necessary to discharge passengers occupying the taxicab or receive passengers then waiting for the taxicab; provided, however, that a taxicab shall in no case be parked for a period longer than five minutes on any street within the city, except in a taxicab stand for which the owner has a permit. Each taxicab business desiring a taxicab stand permit shall file an application with the chief of police on such form as may be provided by the city. No taxicab stand permit shall be issued to any taxicab business unless such business possesses a current taxicab business permit issued by OCTAP.

(b) The chief of police shall designate the exact location of the taxicab stand in each taxicab stand permit. Such permit shall also specify the taxicab stand dimension in feet and the location of any parking or stand space reserved for the taxicab stand, which reserved space may be at any time changed, diminished or increased by the chief of police following written notice to a permittee.

(c) Every taxicab stand, as permitted by the chief of police, shall be indicated by white paint upon the entire curb surface and a six-inch wide white line boxing in the stand area. Inside the enclosed area (on the street surface) shall be painted in white letters 24 inches (minimum height) the words "TAXI ONLY." All markings required by this subsection shall be done at the sole expense of the permittee, and to the satisfaction of the director of public works.

(d) Any taxicab stand permit that is granted to any person may be used jointly by any two or more persons holding permits under this division by the mutual written consent of said persons, provided such consent is signed and filed with the chief of police.

(e) No assigned taxicab stand shall be transferred, assigned or otherwise changed without obtaining a new permit from the chief of police.

(f) In the event that any taxicab stand permittee shall fail, for a period of 14 consecutive days after service of written notice, to use such taxicab stand for his or her taxicab or taxicabs, the permittee shall be deemed to have abandoned such taxicab stand. Said notice shall state that continued non-use of the taxicab stand for the period specified herein shall result in a determination of abandonment. In the event a taxicab stand is abandoned, it may be reassigned to any other permittee. This subsection shall not apply when a permittee, within said 14-day period, provides written evidence to the chief of police establishing that such non-use was due to illness or some other occurrence beyond the reasonable control of the permittee. Taxicab malfunction shall not be an acceptable excuse.

(g) No person shall stop, stand or park any vehicle, other than a city-authorized taxicab, in or upon any taxicab stand.

(Ord. No. 97-178, § 2, 12-15-97)