Monrovia Municipal Code Ch. 5.20 Automobiles for Hire

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

ASSOCIATION. An organization that provides taxicab and/or limousine service, where the taxicab and/or limousine vehicles are owned and operated by individual members of the organization.

AUTOMOBILE FOR HIRE. An automobile or motor-propelled vehicle used for the commercial transportation of passengers over the streets of the city and not over a fixed or defined route, irrespective of whether the operations extend beyond the boundary limits of the city, at rates for distance traveled, per mile, per trip, for waiting time, or otherwise. AUTOMOBILE FOR HIRE shall include, but shall not be limited to, taxicabs and limousines.

CITY. The City of Monrovia.

CITY MANAGER. The City Manager of the City of Monrovia or his designee.

DRIVER. Any person in direct and immediate possession or charge of, or having or operating an automobile for hire.

LEGAL OWNER. A person holding a security interest in a vehicle that is subject to the provisions of the Uniform Commercial Code, or the lessor of a vehicle to the state or to any county, city, district, or political subdivision of the state, or to the United States, under a lease, lease-sale, or rental purchase agreement that grants possession of the vehicle to the lessee for a period of 28 consecutive days or more.

OWNER. A person who owns, controls, or directs the use of an automobile for hire or owns, controls, rents, leases, or otherwise allows or permits the operation or use of any automobile for hire.

PERSON. A natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, and any manager, lessee, agent, servant, officer or employee thereof.

REGISTERED OWNER. A person registered by the Department of Motor Vehicles as the owner of a vehicle.

STREET. Any location open to the public and set apart and/or commonly used for the travel of vehicles; including but not limited to streets, highways, alleys, or passages.

TAXICAB. Any motor-propelled vehicle used for the transportation of passengers who direct the route to be traveled or which route is directed by the person hiring such vehicle over the streets and not operated over a fixed route, the compensation for which transportation is fixed by a taximeter in accordance with the distance traveled, the time elapsed, or both, irrespective of whether the operations extend beyond the boundary lines of the city.

TAXIMETER. A mechanical instrument or device by which the charge for the hire of a passenger-carrying, motor-propelled vehicle is mechanically registered, calculated, and/or indicated by means of figures in accordance with the distance traveled, the time elapsed or waiting time, or both.

TRAFFIC AUTHORITY. The Police Chief of the city or his designee.

(Ord. 2007-03 § 2, 2007)

No person shall operate or conduct any automobile for hire business within the city without a valid owner's permit issued under the provisions of this chapter.

(Ord. 2007-03 § 2, 2007)

(A) An owner's permit issued pursuant to this chapter shall be effective for a period of one year from the date of issuance, unless either a shorter term is specified on the permit or the permit is suspended or revoked at an earlier time in accordance with the provisions of this chapter.

(B) An owner's permit shall not be transferred to any other person or entity.

(Ord. 2007-03 § 2, 2007)

(A) Application for an owner's permit shall be made on a form designated by the traffic authority, filed with the city's Business License Officer, and include the following:

(1) Two photographs of the applicant, each measuring one and one-fourth inches by one and one-half inches;

(2) The applicant’s fingerprints as taken by the traffic authority;

(3) Payment of the fees as prescribed by the Council;

(4) Proof of Worker's Compensation insurance as prescribed by § 5.20.380 of this chapter;

(5) Such other information as required by the city.

(B) Where the applicant is a corporation, association, partnership, or other legal entity, APPLICANT shall mean each partner, officer, director, and each shareholder owning or controlling more than 10% of such entity;

(Ord. 2007-03 § 2, 2007)

An owner's permit shall be issued by the traffic authority unless there is a finding that:

(A) The applicant has made a material false, misleading, or fraudulent statement or omission of fact to the city in the permit application process;

(B) The applicant has been convicted of a felony or a misdemeanor involving moral turpitude, and has not subsequently demonstrated rehabilitative characteristics; or

(C) The applicant has violated any provision of this chapter, or any similar ordinance, law, rule, or regulation of any public agency or governmental entity that regulates the operation of automobile for hire businesses.

(Ord. 2007-03 § 2, 2007)

Where an application for an owner's permit is denied, the applicant shall be notified in writing in accordance with § 5.20.410 of this chapter of the denial and the reason(s) therefor.

(Ord. 2007-03 § 2, 2007)

An owner's permit issued under this chapter may be revoked or suspended by the traffic authority for any of the following reasons:

(A) The permittee has made a material false, misleading, or fraudulent statement or omission of fact to the city in the permit application process;

(B) The permittee has failed to comply with federal, state, or local laws; or

(C) The permittee has failed to comply with any provision of this chapter or regulations promulgated by the traffic authority.

(Ord. 2007-03 § 2, 2007)

(A) Prior to suspension or revocation of an owner's permit, the permittee shall be notified in writing in accordance with § 5.20.410 of the ground(s) for suspension or revocation, and a hearing shall be held thereon by the traffic authority. Notice of the hearing shall be given to the permittee at least ten calendar days prior to such hearing.

(B) Where an owner's permit is suspended or revoked, the permittee shall be notified in writing (in accordance with § 5.20.410 of this chapter) of the denial and the reason(s) therefor.

(Ord. 2007-03 § 2, 2007)

Any final decision of the traffic authority denying, suspending, or revoking an owner's permit may be appealed to the City Manager. Any appeal shall be filed with the Monrovia Business License Officer within 14 calendar days of the decision by the traffic authority. The City Manager shall hold a hearing on the appeal within a reasonable time, and the applicant shall be given at least ten calendar days notice of such hearing. The hearing shall be held under the rules of procedure adopted by the traffic authority. The City Manager shall have the authority to sustain, modify, or overrule the decision of the traffic authority. The decision shall be in writing, shall set forth the reasons for the decision and the appellant shall be notified in writing in accordance with § 5.20.410. Any decision rendered by the City Manager under this section shall be final and shall not be appealable to the City Council.

(Ord. 2007-03 § 2, 2007)

No person shall drive or operate an automobile for hire as regulated by this chapter without a valid driver's permit issued under this chapter.

(Ord. 2007-03 § 2, 2007)

Driver's permits issued pursuant to this chapter shall be effective for a period of one year from date of issuance, unless a shorter term is specified on the permit or unless suspended or revoked at an earlier time in accordance with the provisions of this chapter.

(Ord. 2007-03 § 2, 2007)

(A) Application for a driver's permit shall be made on a form designated by the traffic authority, filed with the city's Business License Officer, and shall include the following:

(1) Two photographs of the applicant, each measuring one and one-fourth inches by one and one-half inches;

(2) The applicant's fingerprints as taken by the traffic authority;

(3) Proof of a current valid California driver's license;

(4) Proof that the applicant is at least 18 years of age;

(5) Payment of the fees as prescribed by Council; and

(6) Evidence of compliance with a controlled substance and alcohol testing certification program that meets with the requirements of § 5.20.130 of this chapter

(B) If the applicant will be operating an automobile for hire as an employee, the application shall be accompanied by a letter from the employer stating that the applicant will be employed upon issuance of the driver's permit. If the applicant will be operating an automobile for hire as a member of an association, then the application shall be accompanied by a letter from the association stating that the applicant will be admitted upon issuance of the driver's permit.

(Ord. 2007-03 § 2, 2007)

(A) For purposes of this chapter, a controlled substance and alcohol testing certification program shall:

(1) Require the applicant to test negative for each of the controlled substances specified in Part 40 (commencing with section 40.1) of Title 49 of the Code of Federal Regulations and for alcohol, before employment. For purposes of this requirement, "employment" includes self-employment as an independent driver, and a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02%.

(2) Employ procedures that are substantially the same as those in Part 40 (commencing with section 40.1) of Title 49 of the Code of Federal Regulations, except that the driver must show a valid California driver's license at the time and place of testing. Requirements for rehabilitation and for return-to-duty and follow-up testing and other requirements must be substantially as in Part 382 (commencing with section 382.101) of Title 49 of the Code of Federal Regulations.

(B) If the applicant for a driver's permit is either an employee or prospective employee of an owner of an automobile for hire, the results of a controlled substance and alcohol testing certification program required by this chapter shall be reported directly to the city. Owners shall be responsible for ensuring compliance of their employees with the controlled substance and alcohol testing certification program, and must pay all costs of the program with respect to their employees and prospective employees; except that an owner may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and follow-up testing. Owners shall notify the city upon termination of employment of a permitted taxicab driver. Upon termination of a driver, the driver's permit shall be void, and the drive shall return the permit to the traffic authority.

(C) Self-employed independent drivers shall be responsible for compliance with, and must pay all costs of, the required controlled substance and alcohol testing certification program with regard to themselves. The test results must be reported directly to the city, and the city shall notify the leasing company of record of the automobile for hire, if any, of any positive results.

(D) Upon the request of a driver applying for a driver's permit, the city shall give the driver a list of consortia certified pursuant to Part 382 (commencing with section 382.101) of Title 49 of the Code of Federal Regulations that are known to offer tests in or near the city.

(E) A test conducted in another California jurisdiction shall be accepted as meeting the testing requirement of the City of Monrovia.

(F) The city shall accept any negative test result for one year from the testing date as meeting a requirement for periodic permit renewal testing in the city if the driver has not tested positive subsequent to a negative result. However, an earlier negative result will not be accepted as meeting the pre-employment testing requirement for any subsequent employment, or any testing requirements under the program other than periodic testing.

(G) All test results are confidential and shall not be released without the consent of the driver, except as otherwise authorized or required by law.

(H) The City Council, by resolution, may levy service charges, fees, or assessments in an amount sufficient to pay for the costs of implementing and administering the procedures specified in this section.

(Ord. 2007-03 § 2, 2007)

A driver's permit shall be issued by the traffic authority unless there is a finding that:

(A) The applicant has made a material false, misleading, or fraudulent statement or omission of fact to the city in the permit application process;

(B) The applicant has been convicted of a felony or a misdemeanor involving moral turpitude, and has not subsequently demonstrated rehabilitative characteristics;

(C) Within the preceding three years, the applicant has been convicted of or pleaded guilty or no contest to reckless driving or driving under the influence of intoxicating liquors or narcotics;

(D) Within the preceding 12 month period, the applicant has been convicted or pleaded guilty to three or more moving violations under the Cal. Vehicle Code or has been determined by the Department of Motor Vehicles (or equivalent public entity) to be at fault in two or more vehicular accidents in any state;

(E) The applicant has tested positive for any of the controlled substances specified in Part 40 (commencing with section 40.1) of Title 49 of the Code of Federal Regulations or for alcohol. For the purposes of this subsection [§ 5.20.130(E)], a positive test for alcohol means an alcohol screening test showing a breath alcohol concentration of more than 0.02%.

(Ord. 2007-03 § 2, 2007)

Where the permit is denied, the applicant shall be notified in writing (in accordance with § 5.20.410 of this chapter) of the denial and the reason(s) therefor.

(Ord. 2007-03 § 2, 2007)

A driver's permit issued under this chapter may be revoked or suspended by the traffic authority for any of the following reasons:

(A) The applicant has made a material false, misleading, or fraudulent statement or omission of fact to the city in the permit application process;

(B) Failure of permittee to comply with federal, state, or local laws;

(C) Failure of permittee to comply with provision of this chapter or regulations promulgated by the traffic authority;

(D) The permittee has been convicted of or pleaded guilty or no contest to any felony; or any misdemeanor involving reckless driving, pandering, or for the use, sale, possession, or transportation of narcotics or illicit intoxicating liquors, or for assault or battery, or for driving under the influence of alcohol or narcotics; or any misdemeanor involving moral turpitude for which the permittee has not subsequently demonstrated rehabilitative characteristics;

(E) Within the preceding 12 month period, the permittee has been convicted of or pleaded guilty to three or more moving violations under the Cal. Vehicle Code or has been determined by the Department of Motor Vehicles (or equivalent public entity) to be at fault in two or more vehicular accidents in any state;

(F) The permittee has tested positive for any of the controlled substances specified in Part 40 (commencing with section 40.1) of Title 49 of the Code of Federal Regulations or for alcohol. For these purposes, a positive test for alcohol means an alcohol-screening test showing a breath alcohol concentration of more than 0.02%. Procedures for random testing and requirements for rehabilitation and for return-to-duty and follow-up testing and other requirements shall be substantially as in Part 382 (commencing with section 382.101) of Title 49 of the Code of Federal Regulations.

(Ord. 2007-03 § 2, 2007)

Prior to suspension or revocation of a driver's permit, the permittee shall be notified in writing in accordance with § 5.20.410 of the ground(s) for suspension or revocation, and a hearing shall be held thereon by the traffic authority. Notice of the hearing shall be given to the permittee at least ten calendar days prior to such hearing.

(Ord. 2007-03 § 2, 2007)

Where the conduct or activity of the permittee creates an imminent peril to the public health, welfare, or safety, the permit may be summarily suspended by the traffic authority upon written notice to the permittee stating the basis for the suspension. Any temporary emergency suspension shall not exceed 15 calendar days pending a hearing under § 5.20.170 of this chapter.

(Ord. 2007-03 § 2, 2007)

The decision of the traffic authority in connection with any suspension or revocation of a driver's permit shall be rendered within five calendar days of the hearing. The decision shall be in writing, and shall set forth the findings and reasons for the decision, and the permittee shall be notified in writing in accordance with § 5.20.410 of this chapter.

(Ord. 2007-03 § 2, 2007)

Any final decision of the traffic authority denying, suspending, or revoking a driver's permit may be appealed to the City Manager. Any appeal shall be filed with the Monrovia Business License Officer within 14 calendar days of the decision by the traffic authority. The City Manager shall hold a hearing on the appeal within a reasonable time, and the applicant shall be given at least ten calendar days notice of such hearing. The hearing shall be held under the rules of procedure adopted by the traffic authority. The City Manager shall have the authority to sustain, modify, or overrule the decision of the traffic authority. The decision shall be in writing, shall set forth the reasons for the decision and the appellant shall be notified in writing (in accordance with § 5.20.410 of this chapter). Any decision rendered by the City Manager under this section shall be final and shall not be appealable to the City Council.

(Ord. 2007-03 § 2, 2007)

It shall be unlawful for any driver to operate or be in charge or control of any automobile for hire in the city without carrying upon his or her person and having in his or her possession a driver's permit issued pursuant to this chapter.

(Ord. 2007-03 § 2, 2007)

(A) It shall be unlawful for any driver operating or having charge or control of any automobile for hire as regulated by this chapter to display upon his or her person, or to use for the purpose of operating such automobile, a driver's permit issued to another person.

(B) It shall be unlawful for any person who has been issued a driver's permit pursuant to the provisions of this chapter to allow another person to use the driver's permit for the use of operating an automobile for hire in the city.

(Ord. 2007-03 § 2, 2007)

(A) No person shall operate any automobile for hire without having first obtained a vehicle permit for each such vehicle issued under the provisions of this chapter.

(B) A separate vehicle permit is required for each vehicle used as an automobile for hire.

(C) The provisions of this section shall not apply to the following:

(1) Any vehicle for which a permit or certificate has been issued by the State Public Utilities Commission or by the Federal Interstate Commerce Commission;

(2) Any school bus used by or under contract with a public or private school;

(3) Any vehicle transporting passengers from a point outside the city to a destination within the city, or proceeding through the city while en route to a destination outside the city. This exemption allows an automobile for hire without a vehicle permit to unload and reload particular passengers with the intent to transport them to another location as long as (i) its taximeter continues to run; (ii) it does not leave the city; and (iii) it does not provide transportation to any other persons while waiting for such passengers. This exemption shall not apply to any taxicab that unloads passengers within the city, departs the location where the passengers were unloaded, resets its taximeter, and then returns to the location where the passengers were unloaded and reloads the same passengers.

(Ord. 2007-03 § 2, 2007)

Vehicle permits issued pursuant to this chapter shall be effective for a period of one year from date of issuance, unless either a shorter term is specified on the permit or the permit is suspended or revoked at an earlier time in accordance with the provisions of this chapter.

(Ord. 2007-03 § 2, 2007)

(A) Applications for vehicle permits shall be made on a form to be provided by the traffic authority and shall include the following:

(1) Payment of the fee as prescribed by Council resolution;

(2) An inspection certificate completed by an automotive repair dealer registered with the Bureau of Automotive Repairs of the State of California for each vehicle. The certificate will be valid only if issued within 60 calendar days of the filing of the new or renewal application;

(3) A copy of the current registration issued by the State Department of Motor Vehicles for the vehicle for which the permit is requested;

(4) Proof of insurance as prescribed by § 5.20.380 of this chapter;

(B) An application for a vehicle permit shall be filed a minimum of 45 calendar days prior to the date requested for issuance of the permit. Any new application that is rejected shall be refiled a minimum of 30 calendar days prior to the date requested for permit issuance. An application filed less than 30 calendar days prior to the date requested for permit issuance shall not be accepted;

(C) An application for the renewal of an existing vehicle permit shall be filed a minimum of 45 days prior to the expiration of the existing permit. Any renewal application that is rejected must be refiled a minimum of 30 calendar days prior to the expiration of any existing permit. A renewal application that is filed less than 30 calendar days prior to the date requested for permit renewal shall not be accepted. Application for a vehicle permit shall be made by, and the permit issued to, the holder of the owner's permit provided further, if the holder of the owner's permit is an association (as defined by §5.20.010), the vehicle permit application shall be filed by, and the permit shall be issued to, the owner of the vehicle;

(D) Vehicle permit applications for taxicabs shall be accompanied by a taximeter inspection permit which has been issued by the County of Los Angeles Department of Weights and Measures within 30 calendar days of filing of the application.

(Ord. 2007-03 § 2, 2007)

(A) The vehicle permit shall be issued by the traffic authority unless there is a finding that:

(1) The applicant, the applicant's employer, or the association to which the applicant belongs does not have a valid owner's permit;

(2) The applicant has been convicted of a felony or a misdemeanor involving moral turpitude, and has not subsequently demonstrated rehabilitative characteristics;

(3) The applicant has made a material false, misleading, or fraudulent statement or omission of fact to the city in the permit application process;

(4) The vehicle does not comply with the ordinances or regulations of the city;

(5) The applicant has violated conditions of any previously issued owner's, driver's, or vehicle permit as issued by the city, or any ordinance or regulation of the city in connection with the regulation of automobiles for hire.

(B) When one or more of the findings is negative to the applicant, a permit may either be denied or conditionally issued to the applicant. The permit may be conditionally issued to the applicant where unique circumstances exist which justify issuance of the permit, and provided that appropriate conditions are imposed on the permit to protect the public health, welfare, and safety.

(Ord. 2007-03 § 2, 2007)

Where the permit is denied, the applicant shall be notified in writing (in accordance with § 5.20.410 of this chapter) of the denial and the reason(s) for the denial.

(Ord. 2007-03 § 2, 2007)

A vehicle permit issued pursuant to this chapter may be revoked or suspended by the traffic authority for any of the following reasons:

(A) The applicant has made a material false, misleading, or fraudulent statement or omission of fact to the city in the permit application process;

(B) Failure to comply with federal, state, or local laws and regulations;

(C) Failure to comply with any conditions imposed by the city on the issuance of the vehicle permit;

(D) Failure to operate in accordance to such orders, rules, and regulations as may be applicable;

(E) Conduct of the business in a fraudulent or disorderly manner, or in a manner that endangers the public health, welfare, or safety.

(Ord. 2007-03 § 2, 2007)

Prior to the suspension or revocation of a vehicle permit, a hearing shall be held thereon by the traffic authority. The permittee shall be notified in writing (in accordance with § 5.20.410 of this chapter) of the grounds for the suspension or revocation of the permit, and a hearing shall be held thereon by the traffic authority. Notice of the hearing shall be given to the permittee at least ten calendar days prior to the scheduled hearing.

(Ord. 2007-03 § 2, 2007)

Where the conduct of the permittee or the mechanical condition of the vehicle creates an imminent peril to the public health, welfare, or safety, or where the permittee refuses to allow inspection of the vehicle as allowed under § 5.20.360 of this chapter, the vehicle permit may be summarily suspended by the traffic authority upon written notice to the permittee stating the basis for the suspension without the need for a hearing; provided further, any temporary emergency suspension shall not exceed 15 days pending a hearing under § 5.20.290 of this chapter.

(Ord. 2007-03 § 2, 2007)

The decision of the traffic authority in connection with any suspension or revocation of a vehicle permit shall be rendered within five calendar days of the hearing. The decision shall be in writing, and shall set forth the findings and reasons for the decision, and the permittee shall be notified in writing in accordance with § 5.20.410 of this chapter.

(Ord. 2007-03 § 2, 2007)

Any final decision of the traffic authority denying, suspending, or revoking a vehicle permit may be appealed to the City Manager. Any appeal shall be filed with the Monrovia Business License Officer within 14 calendar days of the decision by the traffic authority. The City Manager shall hold a hearing on the appeal within a reasonable time, and the applicant shall be given at least ten calendar days notice of such hearing. The hearing shall be held under the rules of procedure adopted by the traffic authority. The City Manager shall have the authority to sustain, modify, or overrule the decision of the traffic authority. The decision shall be in writing, shall set forth the reasons for the decision and the appellant shall be notified in writing in accordance with § 5.20.410 of this chapter. Any decision rendered by the City Manager under this section shall be final and shall not be appealable to the City Council.

(Ord. 2007-03 § 2, 2007)

In addition to other regulatory provisions of this code, the following restrictions and prohibitions shall be applicable to automobiles for hire:

(A) The driver's permit shall be conspicuously displayed inside each vehicle at all times such vehicle is operated in the city. The holder in which the permit is displayed shall contain a statement visible to passengers upon removal of the permit that states that the driver's permit is required by law to be displayed at all times the vehicle is in operation.

(B) The rates charged for service shall be conspicuously displayed in both the front and rear seating compartments of each vehicle, in clearly legible print and on a placard of a minimum size of four inches by six inches; and such placard shall also state the name, business address, and telephone number of the holder of the owner's permit.

(C) Drivers shall, upon receipt of full payment of the fare, issue a written receipt to any passenger requesting a receipt.

(D) No owner, driver, or agent of either, shall charge, collect, demand, receive, or arrange for any compensation for service in excess of a rate as notified to the city pursuant to § 5.20.350(A) of the chapter.

(E) No owner, driver, or agent of either shall misrepresent by word, sign, hatband, insignia, or badge, or by any other means or device, the true identity of the vehicle in soliciting patronage for such vehicle.

(F) Drivers shall maintain a neat and groomed appearance while operating an automobile for hire.

(G) Each automobile for hire shall have the current vehicle permit issued by the city affixed upon the left portion of the rear area of the vehicle.

(H) All automobiles for hire and all equipment therein shall comply with all applicable requirements of the Cal. Vehicle Code, the Federal Motor Vehicle Safety Standards, Safety Orders of the State Division of Industrial Safety, and any vehicle standards promulgated by the city.

(Ord. 2007-03 § 2, 2007)

In addition to the other provisions of this code, the following restrictions and prohibitions are specifically applicable to taxicabs:

(A) Every taxicab shall be clearly marked on both sides with the name and telephone number of the taxicab company, and a number designating the specific taxicab. Every taxicab shall be marked with the same unique identifying number on the rear of the vehicle. For purposes of this subsection, lettering shall be not less than two and one-fourth inches in height and not less than five-sixteenths inch in stroke.

(B) Every taxicab driver, while transporting any passenger to a destination, shall proceed by the most direct route that will deliver the passenger safely and expeditiously to the destination.

(C) Any person engaging a taxicab shall have the full and exclusive use of such vehicle, and the taxicab driver shall not solicit or carry any additional passenger without the consent of the person first engaging the taxicab.

(D) Taxicab passengers shall be seated in the rear seat of the taxicab, except when the rear seat of the taxicab is fully occupied, or except for student drivers, supervisors, or aged, infirm, or handicapped persons who cannot readily enter the rear compartment of the taxicab.

(E) Each taxicab shall be equipped with a dispatch system capable of two-way voice communication from all locations within the city limits.

(F) Each taxicab shall be equipped with a taximeter that shall at all times accurately reflect the service charges. Taximeters shall be of a type and design approved by the city. Taximeters shall be illuminated with charges readily discernible by any passenger in the taxicab. Where the approved taximeter is capable of a setting to rates other than approved by the city, the taximeter shall by sign, or other device, clearly indicate when the rates authorized by this chapter are being charged when operating within the city.

(G) The documents required by § 5.20.330(A) shall be displayed in each taxicab, by placing them in a holder permanently affixed to the dash of the vehicle, and in full view of passengers.

(H) Any vehicle operated as a taxicab shall be equipped with a functioning air conditioning system.

(Ord. 2007-03 § 2, 2007)

(A) Holders of owner's, driver's, and/or vehicle permits shall notify the city's Business License Officer in writing of any taxicab rate to be charged for any taxicab operating over any street in the city. All such rates, or any change in rate, shall be submitted to the city's Business License Officer in writing at least 30 calendar days prior to said rate being placed in effect.

(B) The rates and fares submitted to the city, as described in division (A) of this section, shall be collected only to the extent applicable on the taxicab meter, plus any surcharge applicable, regardless of the number of persons occupying the taxicab. No rate other than that specified in this section shall be placed in effect, charged, demanded, or collected for taxicab service originating in the city, regardless of whether the destination of such service is within or beyond the corporate boundaries of the city.

(Ord. 2007-03 § 2, 2007)

The traffic authority shall have the authority to inspect, or cause the inspection of, at all reasonable times any automobile for hire and the business records of any holder of a vehicle permit.

(A) Refusal to permit inspection by the traffic authority shall be the basis for emergency suspension of the permit pursuant to § 5.20.300, in addition to any other penalties as provided in this chapter.

(B) When an inspection reveals safety defects that in the opinion of the traffic authority endanger the safety of the public, or where the taximeter on any taxicab is inaccurate or has been tampered with to incorrectly reflect the rates authorized by the city, the vehicle permit may be suspended pursuant to § 5.20.300, in addition to any other penalties as provided in this chapter.

(C) Failure to appear for a scheduled inspection shall constitute a violation of this code, and shall be the basis for emergency suspension of the permit pursuant to § 5.20.300, in addition to any other penalties as provided in this chapter.

(D) If an automobile for hire fails a scheduled inspection, the permittee shall arrange for a re-inspection of the vehicle within 14 calendar days. The permittee shall be responsible for paying the re-inspection fee as established by resolution of the City Council.

(Ord. 2007-03 § 2, 2007)

(A) All drivers of automobiles for hire shall keep and complete an accurate record of each trip upon a daily trip sheet approved by the traffic authority. Such daily trip sheet shall show the following information for each trip:

(1) The time and place of origin and destination of the trip;

(2) The number of passengers carried;

(3) The mileage; and

(4) The amount of fare collected.

(B) The requirements of subsections (A)(1) and (A)(2) shall be completed at the commencement of the trip, and subsections (A)(3) and (A)(4) shall be completed immediately upon the completion of the trip.

(C) Daily trip sheets shall be filed daily by the driver with the business under whose owner's permit the driver conducts business, and such records shall be kept on file and available for inspection by the traffic authority for a period of not less than six months.

(Ord. 2007-03 § 2, 2007)

(A) Owners of automobiles for hire shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the owner of automobiles for hire, his/her agents, representatives, employees or subcontractors.

(B) Minimum scope of insurance. Coverage shall be at least as broad as:

(1) Insurance Services Office Commercial General Liability coverage (occurrence Form CG 0001).

(2) Insurance Services Office Form Number CA 0001 covering Automobile Liability, code 1 (any auto).

(3) Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

(C) Minimum limits of insurance. Contractor shall maintain limits no less than:

(1) General liability (including operations, products, and completed operations): $1,000,000 per occurrence for bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

(2) Automobile liability: $1,000,000 per accident for bodily injury and property damage.

(3) Workers' Compensation: As required by the State of California.

(4) Employer's liability: $1,000,000 per accident for bodily injury or disease.

(D) Deductibles and self-insured retentions. Any deductibles or self-insured retentions must be declared to and approved by the city. At the option of the city, either; the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the city, its officers, officials, employees and volunteers; or the owners for automobiles for hire shall provide a financial guarantee satisfactory to the entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

(E) Other insurance provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provision:

(1) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice by certified mail, return receipt requested, has been given to the city.

(2) Owners of automobiles for hire must submit with the annual permit application a current Inspection Certificate completed by any automotive repair dealer registered with the Bureau of Automotive Repairs of the State of California for each automobile proposed to be for hire. This certificate shall be considered current if completed no more than 60 days before the day it is tendered with an application.

(F) Acceptability of insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Exception may be made for the State Compensation Insurance Fund when not specifically rated.

(G) Verification of coverage. Owners of automobiles for hire shall furnish the entity with original certificates effecting coverage required by this clause. All certificates are to be received and approved by the city before work commences. The city reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

(H) Drivers. Owners of automobiles for hire shall include all drivers as insureds under its policies or shall furnish separate certificates and endorsements for each driver to the city for review and approval. All coverages for drivers shall be subject to all of the requirements stated herein.

(Ord. 2007-03 § 2, 2007)

The traffic authority shall have the authority to promulgate rules and regulations for the implementation and enforcement of provisions of this chapter.

(Ord. 2007-03 § 2, 2007)

Whenever notice is given pursuant to this chapter, unless different provisions are otherwise specifically designated, such notice may be given either by personal delivery or by deposit in the United States mail in a sealed envelope, postage paid, addressed to the intended recipient at his last known business or residential address as the same appears in the public records.

(Ord. 2007-03 § 2, 2007)

Proof of notice given under the terms of this chapter may be made by the declaration or affidavit of any officer or employee of the city or by any person over the age of 18 years, which shows service in conformity with this chapter or such other provisions of law as applicable to the subject matter concerned.

(Ord. 2007-03 § 2, 2007)

In addition to the other penalties provided in this chapter, the violation of any of the provisions of this chapter shall be deemed a misdemeanor and, upon conviction thereof, shall be punishable as set forth in § 1.16.010 of this code.

(Ord. 2007-03 § 2, 2007)

(A) A peace officer, as defined in Cal. Penal Code Part 2, Title 3, Chapter 4.5 (commencing with § 830), may upon a warrant or court order issued pursuant to Cal. Vehicle Code § 21100.4 remove an automobile for hire from the streets or from public or private property within the city and have same stored for a period not to exceed 30 calendar days if the peace officer has probable cause to believe that the vehicle was being operated without a valid vehicle permit as required by this chapter or by a person who is not in possession of a valid driver's permit as required by this chapter.

(B) A notice of the impoundment shall be mailed (via certified mail, return receipt at the address listed on the most current Department of Motor Vehicles registration records) or personally delivered to the registered and legal owners within 48 hours, excluding weekends and holidays, and shall include all of the following:

(1) A copy of the warrant or court order authorizing the impoundment;

(2) The name, address, and telephone number of the city department or employee charged with providing the notice;

(3) The location of the place of storage.

(4) A description of the impounded vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage; and

(5) A statement that, in order to receive a post-storage hearing, the owners, or their agents, shall request the hearing from the court that issued the warrant or order authorizing the impoundment in person, in writing, by telephone, within ten days of the date appearing on the notice.

(C) The failure of the registered or legal owners to receive notice properly served in accordance with this section at the address(es) listed on the most current Department of Motor Vehicles registration records, or the failure to notify any person with legal interest in the vehicle that is not listed on the most current Department of Motor Vehicles registration records, does not constitute defective service and shall not be a bar to the impoundment procedures set forth in this chapter.

(D) The city shall release an impoundment vehicle to its registered owner or agent thereof prior to the end of the impoundment period and without permission of the magistrate that issued the warrant or court order authorizing impoundment if it is determined either that the vehicle was stolen or was seized pursuant to an offense for which seizure is not authorized.

(E) Notwithstanding any other provision of this section, no vehicle impounded pursuant to this section shall be released without presentation of the registered owner's or agent's currently valid driver's license to operate the vehicle and proof of current registration and liability insurance (in the limits as required by law), or upon order of a court.

(F) Pursuant to Cal. Vehicle Code § 22850.5, the registered owner or his or her agent shall be responsible for all towing and storage charges related to the impoundment.

(G) Pursuant to Cal. Vehicle Code § 22655.5(d), in any prosecution of the crime for which a vehicle was impounded pursuant to this section, the prosecutors may request, and the court may order, the perpetrator of the crime, if convicted, to pay the costs of towing and storage of the vehicle, and any administrative charges in accordance with Cal. Vehicle Code § 22850.5.

(H) The notice and hearing provisions of this section shall not apply to vehicles abated as a public nuisance pursuant to Cal. Vehicle Code § 22660 and/or Chapter 10.28 of this code, or to vehicles impounded for investigation/evidentiary purposes pursuant to Cal. Vehicle Code § 22655.5(b).

(Ord. 2007-03 § 2, 2007)

(A) Notwithstanding any other provision of this chapter, an impounded vehicle shall be released to the legal owner of the vehicle or the legal owner's agent prior to the end of the impoundment period and without the permission of the magistrate who issued the warrant or order for the seizure of the vehicle if all of the following conditions are met:

(1) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state or is another person, no the registered owner, holding a financial interest in the vehicle.

(2) The legal owner or the legal owner's agent pays all towing and storage fees related to the seizure of the vehicle. No lien sale processing fees shall be charged to the legal owner who redeems the vehicle prior to the fifteenth day of impoundment. Neither the impounding authority nor any person having possession of the vehicle shall collect from the legal owner of the type specified in paragraph (1), or the legal owner's agent any administrative charges imposed pursuant to Cal. Vehicle Code § 22850.5 unless the legal owner voluntarily requested a post-storage hearing.

(3) The legal owner or the legal owner's agent presents either lawful foreclosure documents or a certificate of repossession and a security agreement or title showing proof of legal ownership for the vehicle.

(a) "Foreclosure documents" means an "assignment" as that term is defined in Cal. Business and Professions Code § 7500.1(o).

(b) Any documents presented may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The city shall not require any documents other than those specified in this section, and shall not require any such documents to be notarized.

(B) The city may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Cal. Business and Professions Code Division 3, Chapter 11 (commencing with § 7500), or to demonstrate, to the satisfaction of the city, that the agent is exempt from licensure pursuant to Cal. Business and Professions Code § 7500.2 or 7500.3.

(C) The city shall not charge the legal owner any administrative costs authorized under subdivision (a) of Cal. Vehicle Code § 22850.5 who redeems an impounded vehicle unless the legal owner voluntarily requests a post-storage hearing.

(D) The city shall not require a legal owner or a legal owner's agent to request a post-storage hearing as a requirement for release of the vehicle to the legal owner or the legal owner's agent.

(E) A legal owner or the legal owner's agent that obtains release of an impounded vehicle shall not release the vehicle to the registered owner of the vehicle or any agents of the registered owner until the termination of the impoundment period.

(F) The legal owner or the legal owner's agent shall not relinquish the vehicle to the registered owner until the registered owner or that owner's agent presents his or her valid driver's license or valid temporary driver's license, and an operator's license that is in compliance with the licensing requirements of this chapter to the legal owner or the legal owner's agent. The legal owner or the legal owner's agent shall make every reasonable effort to ensure that the licenses presented are valid.

(G) Prior to relinquishing the vehicle, the legal owner may require the registered owner to pay all towing and storage charges related to the impoundment and the administrative charges authorized under Cal. Vehicle Code § 22850.5 that were incurred by the legal owner in connection with obtaining the custody of the vehicle.

(H) Notwithstanding any other provisions of this chapter, the registered owner and not the legal owner shall remain responsible for any towing and storage charges related to the impoundment and the administrative charges authorized under Cal. Vehicle Code § 22850.5 and any parking fines, penalties, and administrative fees incurred by the registered owner.

(I) The city shall not be liable to the registered owner for the improper release of the vehicle to the legal owner or the legal owner's agent if the release complies with this section.

(Ord. 2007-03 § 2, 2007)