Chapter 7.34 — TAXICABS

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:

A.

"Convicted of moving traffic violations" means a plea of guilty or nolo contendere or a judgment of guilty, whether probation is granted or not, or a forfeiture of bail.

B.

"Driver" means every person driving a taxicab, whether as agent, employee, or otherwise.

C.

"Owner" means every person having use or control of any taxicab, whether as owner, lessee, or otherwise.

D.

"Taxicab" means every vehicle which carries or transports passengers for hire within the confines of the county. "Taxicab" shall not include courtesy cars or other vehicles which transport passengers and for which such transportation a consideration is not directly paid to the driver of the vehicle.

E.

"Taximeter" means any instrument or device attached to a taxicab and designed or intended to measure mechanically the distance traveled by such taxicab, to record the time the vehicle is in waiting and to indicate upon such record by figures or designs the fare to be charged in dollars and cents.

(Ord. 80-466-A § 1, 1980; Ord. 77-466 § 1 (part), 1977.)

Every taxicab operating under the provision of this chapter shall be insured for public liability and property damage in sums of a minimum of one hundred thousand dollars per person and three hundred thousand dollars per accident. Such public liability insurance shall be executed by an insurance company authorized to do business in the state.

No permit shall be granted under this chapter until a policy for such insurance has been secured and the same or a copy thereof is filed with the tax collector's office of Mono County, which policy shall contain an endorsement that the insurance company issuing said policy will not allow the same to be canceled for any purpose without service of a ten-day written notice of cancellation upon the tax collector's office of Mono County. In the event of failure of the permittee to keep the policy in full force or to properly renew the policy, the tax collector's office of Mono County shall immediately cancel the permit to operate taxicabs.

(Ord. 77-466 § 1 (part), 1977.)

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

(Ord. 77-466 § 1 (part), 1977.)

It is unlawful for any person to engage in the business of operating taxicabs within the limits of the county, without having first procured a permit to do so.

(Ord. 77-466 § 1 (part), 1977).

All persons operating a taxicab business upon the effective date of this chapter shall have forty-five days from said date to obtain all required permits. It is unlawful for any such person to continue the taxicab business after said forty-five days without having the required permits.

(Ord. 77-466 § 1 (part), 1977.)

No person shall engage in the business of operating taxicabs within the county pursuant to a taxicab permit unless there is first established and maintained within the county by such person an office where some person in charge can be contacted in person or by telephone and where taxi records required by Section 7.34.160 shall be kept. Notwithstanding any other county ordinance, the office portion of this business may be conducted within the home of the permittee.

(Ord. 77-466 § 1 (part), 1977.)

Application for the issuance or transfer of a taxicab permit shall be filed with the license collector and shall contain the following information:

A.

The name or names and complete addresses of all persons who have any interest in the business;

B.

The number of vehicles proposed to be operated;

C.

The name under which the business is to be conducted and the peculiar or distinguishing color scheme or design or dress (including any monogram or insignia) intended to be used upon the vehicles and by their drivers;

D.

The address at which the business is to have its principal office;

E.

A statement for each person having a financial interest in the business as to all convictions of crimes involving moral turpitude or lack thereof;

F.

Such other information as the license collector or the sheriff's office may require.

(Ord. 77-466 § 1 (part), 1977.)

Before a taxicab permit is issued or transferred, all persons having a financial interest in the operation of the business for which the permit is requested shall be fingerprinted by the sheriff's office.

(Ord. 77-466 § 1 (part), 1977.)

No taxicab permit shall be issued or transferred to any person if it appears that the motor vehicles proposed to be operated by the applicant are inadequate or insufficient for the purpose intended or are insufficiently equipped with reasonable safety devices.

(Ord. 77-466 § 1 (part), 1977.)

The license collector shall issue or transfer a taxicab permit if he is satisfied that the requirements of Section 7.34.070 are fulfilled, that all persons having a financial interest in the operation of the business are of good moral character, and that the equipment to be used is in good mechanical condition and may be operated with due regard for the safety of the public.

(Ord. 77-466 § 1 (part), 1977.)

The permit required by this chapter may be suspended or revoked by written notice to the permittee of such suspension or revocation by the license collector when he finds that any person interested in the business for which the permit is issued has been convicted of any crime involving moral turpitude after the issuance of the permit, or has violated any of the provisions of this chapter pertaining to the operation of taxicabs, or has knowingly allowed employees to violate the provisions of this chapter.

(Ord. 77-466 § 1 (part), 1977.)

If the permittee is dissatisfied with the action of the license collector in suspending or revoking the permit, such person may appeal to the board of supervisors by filing a notice of appeal in writing with the clerk of

the board not more than ten days after the action of the tax collector becomes effective. The clerk shall transmit the appeal to the board forthwith, and the board shall set the matter for hearing within twenty days and not less than ten days from the date of receipt of the appeal by the board. The board shall cause written notice of the time and place of the hearing to be mailed to the permittee so appealing to his last- known address. The persons appealing shall have a right to present witnesses on their own behalf at the hearing.

(Ord. 77-466 § 1 (part), 1977.)

The board may either sustain, reverse or modify the action of the license collector in suspending or revoking the permit provided for in Section 7.34.100. During the time such appeal is pending before the board, and until final determination thereof, the action of the license collector in suspending or revoking the permit, as provided in this chapter, shall be suspended.

(Ord. 77-466 § 1 (part), 1977.)

Should any person holding a taxicab permit desire to substitute a vehicle or vehicles which are presently licensed pursuant to an existing permit, he may do so by making application to the sheriff's office on such form as shall be prescribed by the sheriff.

(Ord. 77-466 § 1 (part), 1977.)

Before a permit required by Section 7.34.100 is issued or transferred to any owner, the taxicab for which permit is requested shall be delivered by the owner to a place designated by the sheriff's office for inspection, and the sheriff shall designate persons to inspect the taxicab, its equipment and taximeter, to determine whether such taxicab complies with the provisions of this chapter.

(Ord. 77-466 § 1 (part), 1977.)

Every person holding a business permit to operate taxicabs shall keep and maintain a daily record of the origin and destination of each trip for hire made by the driver of each vehicle in operation.

Such record shall be kept for the period of one year and shall be open to inspection and use by any member of the license collector's or sheriff's office.

(Ord. 77-466 § 1 (part), 1977.)

No person shall act as a driver of a taxicab unless he holds a valid Class Two driver's permit from the state.

(Ord. 77-466 § 1 (part), 1977.)

It is unlawful for any person who conducts, manages or carries on the business of operating a public vehicle for hire to employ as a driver of any such vehicle, one who has not a valid Class II driver's license during the time of such employment.

(Ord. 77-466 § 1 (part), 1977.)

Any driver or permittee operating a taxicab may have the permit provided in this chapter suspended for the following reasons after a hearing and findings made as provided in this chapter:

A.

Any person who has been twice convicted of moving traffic violations within a period of six months may have his driver's permit suspended for ten days.

B.

Any person who has been three times convicted of moving traffic violations within a period of six months may have his driver's permit suspended for thirty days.

(Ord. 77-466 § 1 (part), 1977.)

The permit provided for in this chapter may be revoked or not renewed when a driver or permittee has since the granting of the permit:

A.

Been convicted of a felony;

B.

Had his state driver's license revoked or suspended;

C.

Been convicted of driving while under the influence of intoxicating liquors;

D.

Been convicted of driving while under the influence of narcotics;

E.

There is discovered that false answers have deliberately been given in the application for the permit provided for in this chapter;

F.

When, for any reason, including, but not limited to those designated in this section, in the opinion of the sheriff, the applicant is unfit to drive a taxicab.

Any person whose permit has been suspended, revoked or renewal refused may within ten days after receipt of notice thereof appeal to the board for a hearing thereof. The decision of the board in this regard shall be final. If no appeal is taken within ten days, the action of the sheriff shall be final.

(Ord. 77-466 § 1 (part), 1977.)

Any person who wilfully refuses to pay the legal fare for a taxicab which has been hired for use as prescribed in this chapter is guilty of an infraction.

(Ord. 77-466 § 1 (part), 1977.)

Should a taxicab become disabled or break down while conveying any passenger for hire, the time for stoppage shall be deducted from the time charged for.

(Ord. 77-466 § 1 (part), 1977.)

The owner shall cause to be answered and the driver of any taxicab shall answer all calls received in the order of their receipt. The owner shall maintain taxicab service between the hours of seven a.m. and two- thirty a.m. the following day.

(Ord. 77-466 § 1 (part), 1977.)

The sheriff's office shall have the authority to designate agents who may inspect taxicabs and their equipment at any time if it is found that the taxicab or equipment is in such condition that its operation is unsafe for the passengers or for the public, the sheriff shall prohibit the use of such taxicab until such time as it is made safe for operation. The operation of any taxicab which has been designated as unsafe by the sheriff is unlawful.

(Ord. 77-466 § 1 (part), 1977.)

It is unlawful for the driver or operator of a taxicab for hire to fail to report to the owner at once all property of value left in his vehicle by passengers and not returned to the lawful owner, and it is unlawful for the owner to fail to report the existence of such baggage to the sheriff's office after the expiration of twenty- four hours.

(Ord. 77-466 § 1 (part), 1977.)

A.

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

B.

Each taxicab licensed to operate in the county shall have located in a convenient place in the driver's compartment and in view of the passengers therein, containers of type and design approved by the sheriff. Such containers shall contain cards provided by the sheriff's office bearing the following information:

One such container shall have a card therein bearing:

The permit number issued for each individual taxicab licensed to operate in the county;

The name of the company to whom it is issued; 3. The date of issuance;

The state license plate number and engine number of the taxicab displaying same.

(Ord. 77-466 § 1 (part), 1977.)

There shall be a fee established for the taxicab permit and there shall be fees established for the necessary fingerprinting and vehicle inspections required by this chapter. Those fees shall be by resolution of the board of supervisors after one public hearing at an appropriate meeting of the board of supervisors and notice to any existing permittee.

(Ord. 77-466 § 1 (part), 1977.)

The board of supervisors may after public hearing grant an exclusive license to any taxicab operator to operate from any facility owned or controlled by the county. Such exclusive license shall be issued upon such terms and conditions as the board of supervisors finds are in the best interests of the public health, safety and welfare of the citizens of Mono County.

(Ord. 88-466-C § 1, 1988.)