Montebello Municipal Code Ch. 5.68 Taxicabs

For the purpose of this chapter, certain words and phrases shall be construed as herein set forth, unless it is apparent from the context that a different meaning is intended.

"Certificate" means a certificate of public convenience and necessity issued pursuant to this chapter.

"Taxicab" means every automobile or motor propelled vehicle by means of which passengers are transported for hire upon any public street in the city, and not over a regular or defined route and irrespective of whether the operation extends beyond the boundary limits of the city or not, excepting vehicles of transportation companies as herein defined.

"Transportation companies" means "transporting company" as defined in that certain act of the legislature of the state of California, approved May 10, 1917, providing for the supervision and regulation of the transportation of persons and property for compensation over public highways by automobiles, jitney buses, auto trucks, auto stages, and all amendments to said act.

(Ord. 2071 § 1 (part), 1992: prior code §§ 6405, 6405.1, 6405.2, 6405.3)

No person shall engage in the business of providing taxicab service or of operating a taxicab upon any public street within the city without having obtained from the director of planning, a certificate of public convenience and necessity to do so in accordance with the provisions hereof, and without complying with or having complied with all the provisions of this chapter and of such certificate.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.4)

A. Any person desiring to obtain the certificate required by Section 5.68.020 shall pay a fee, in such amount as shall be set by the city council by ordinance, to the finance department and shall receive and make a verified application for the certificate to the director of planning, which such application shall set forth:

1. The name and address of the applicant, and if the same be a corporation, the names of its principal officers, or if the same be a partnership, association, or fictitious company, the names of the partners or persons comprising the association or company, with the address of each;

2. A complete schedule of the fares or rates to be charged;

3. A description of every motor vehicle which the applicant proposes to use, giving:

a. Trade name,

b. Legal owner,

c. Registered owner,

d. Motor and serial number,

e. State license number,

f. Seating capacity,

g. Body style,

h. Distinctive color scheme, name, monogram, or insignia, which shall be used on such taxicab;

4. The street number and exact location of the place where the applicant proposes to stand each such taxicab;

5. If any proposed stand is in the public street, the application shall be permitted only after submission of an additional application in a form acceptable to the director of planning. The additional application shall be considered by the planning commission pursuant to a public hearing conforming to the requirements of Chapter 17.78 of the Montebello Municipal Code. In evaluating such an application, the planning commission shall consider potential disruptions to traffic, the affect on neighboring properties, the need for and benefits of such a stand, and other relevant factors. Such an application can be held concurrently with an application for a certificate or after receipt of such a certificate;

6. Each vehicle to be used as a taxicab must pass the state's standardized smog test prior to approval of this application. Applicant must submit a copy of a smog certificate, indicating passing, for each vehicle listed herein;

7. Proof of current liability insurance executed by a company duly authorized under the laws of the state of California, meeting the guidelines set forth herein under Section 5.68.080;

8. A valid California drivers license.

B. The fee for filing the application is three hundred fifty dollars.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.5)

Upon receipt of any application referred to in Section 5.68.030, the finance department shall verify that all information required on the application is submitted and shall forward copies of the application to the planning director and police chief, who will review and determine if the applicant meets the guidelines of this code as it pertains to their respective departments, within ten working days of receipt of the application. Once all determinations are made by the respective departments, they shall forward recommendations to the director of planning. The director of planning will review recommendations made by the finance department and police department, and determine if there is public convenience and necessity for such taxicab service.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.6)

Upon receiving the application and recommendations from the finance and police departments, the director of planning will examine the application and all persons associated therewith as set forth in the application. The director of planning shall then determine whether or not the public interest, convenience and necessity require the issuance of the certificate, and whether the applicant should be granted a permit to provide such service. If it is found by the director of planning that the public interest, convenience and necessity require the issuance of the certificate and permit applied for, the director of planning shall direct the finance department to issue a certificate in accordance with the application, along with a business permit. The applicant will be required to file the appropriate insurance policies for approval, as set forth under Section 5.68.080.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.7)

Any of the following reasons shall be cause for denial of the certificate and/or permit by the director of planning:

A. If the finance department or director of planning concludes that the application is not in the form, and does not contain the information required to be contained therein by this chapter;

B. If the planning department determines any of the following:

1. That the vehicles described therein appear inadequate and unsafe for taxicab purposes,

2. That the color scheme, name, monogram or insignia to be used upon such automobiles would be in conflict with or imitate any color scheme, name, monogram or insignia used by any person in such manner as to be misleading or tend to deceive or defraud the public,

3. That the location of the stand, as therein stated, is such as to congest or interfere with travel on any public street, or that the proposed stand is within three hundred feet of any other taxi stand theretofore fixed by the director of planning on the same street;

C. If the finance and/or police department(s) determine(s) that the applicant, at some prior time, had such a certificate revoked for any reason;

D. That it appears to the director of planning that there are a sufficient number of taxicabs and automobiles for hire in the city to fully serve the public, and that the granting of more certificates would unduly congest the traffic and interfere with the free use of the public streets by the public, and that the public interest, convenience and necessity do not require the issuance of such certificate.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.8)

A. Any certificate or permit granted under the provisions of this chapter may be revoked by the director of planning either as a whole or as to any car described therein, or as to the right to use any distinctive color, monogram or insignia, after five working days notice to the certificate holder, requiring him/her to appear at a certain time and place to show cause why the certificate should not be revoked for the following reasons:

1. That the required insurance policy described in Section 5.68.080 has not been given or has been withdrawn or lapsed for nonpayment of premium, or is not in force for any reason;

2. For the nonpayment to the city of any license fee provided by this code;

3. For failure to observe any of the rules and regulations or provisions set out in this chapter or in the certificate;

4. For the violation of any of the laws of the state of California, or ordinance of the city by any certificate holder, operator or driver of any taxicab covered by such certificate;

5. For failure to maintain satisfactory service to the public by means of any of the vehicles described in the application, or for failure to keep any such car in use for an unreasonable length of time, or for failure to use the distinctive color, monogram or insignia described in the application, or for deviation from the schedule of rates and fares set forth in the application;

6. For any cause, which in the opinion of the director of planning makes it contrary to the public interest, convenience and necessity for the certificate or permit to be continued;

B. Any city department including finance, planning and police shall notify the director of planning, in writing, of any certificate holder who falls into one or more of the above-mentioned categories either before or after their application is approved.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.10)

A. Before a certificate shall be issued by the finance department, the applicant must present to the finance department, together with the completed application, the original copy (of which a copy will be made by the finance department) of the policy for liability insurance. Such liability insurance shall be issued by an insurance provider duly authorized to do business under the laws of the state of California and licensed by the state of California Department of Insurance to sell commercial automobile liability insurance and be a member of the California Insurance Guarantee Fund.

B. The insurance provider shall commit to pay in full all claims and damages to persons or property resulting from the operation of the taxicab(s) referred to in the application. The policy shall contain policy limits of not less than three hundred fifty thousand dollars combined single limit per occurrence, or provide that the amount for which liability shall be assumed for injury to, or death of one person in any one accident shall not be less than one hundred thousand dollars, and for injury to, or death of more than one person in any one accident shall not be less than three hundred fifty thousand dollars, and the amount for which liability shall be assumed for injury to, or destruction of property in any one accident shall not be less than fifty thousand dollars. Such insurance may include a property damage deductible not greater than two thousand five hundred dollars per occurrence. The policy shall contain a condition that it cannot be modified or cancelled without at least thirty days prior written notice to the city.

C. Notwithstanding the foregoing, each person providing taxicab service, and each taxicab operating in the city shall have liability insurance sufficient to satisfy all liability requirements discussed herein and all applicable state laws.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.9)

In the event that a certificate holder desires to change his schedule of rates and charges, or the color scheme, name, monogram or insignia used on such taxicab, or to substitute any vehicle for and in place of the vehicle described in the application, or to increase or decrease the number of vehicles used by him/her as taxicabs, he/she shall first make application for permission by submitting an application to the finance department in a form acceptable to the finance department, with a fee in an amount set by the city council by ordinance. Such permission shall be granted if, in the discretion of the director of planning, it deems the public interest, necessity and convenience will be served by such change, and if the certificate holder has complied with all provisions of this chapter, and no such change shall be made without such permission.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.11)

The director of planning may, by resolution, specify stands at which such taxicabs may be parked pursuant to the provisions of this code, and may, by such resolution, specify the nature and extent of the use to which such stand may be devoted. The stand shall consist of a one car space, to be marked off, painted and reserved for such taxicabs only.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.12)

No person shall refuse to pay the legal fare for the hire of any taxicab, after having hired the same with the intent to defraud the person from whom it is hired.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.13)

The following rules and regulations shall be observed by all persons operating taxicabs.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.14)

No taxicab shall be operated in the city unless the insurance required as set forth in Section 5.68.080 of this chapter is in full force and effect.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.15)

No taxicab shall remain standing upon any public street except for loading and unloading passengers, and then not for a period of more than five minutes, excepting at such stand as may be designated by the director of planning. This section shall not apply to any taxicab while the same is engaged by and being paid for by a passenger.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.16)

No operator, driver or owner of any taxicab shall solicit or carry any passenger after such taxicab shall have been engaged or while in use for another passenger without the consent of the passenger first engaged in the same having been first obtained. A passenger or passengers engaging such taxicab shall have the exclusive right to full and free use of the passenger compartment and the whole thereof if he/she desires the same.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.17)

The driver of any taxicab shall carry any passengers engaging the same safely and expeditiously to their destination by the most direct and accessible route.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.18)

No person shall operate any taxicab without prepaying any license fee required by the city for the transaction of such business.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.19)

All taxicabs shall be kept in good mechanical condition.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.20)

No driver, owner or operator of any taxicab shall indulge in unfair competition with competitors or shall commit any fraud upon the public or other persons engaged in the same business, and the director of planning shall judge what constitutes fraud or unfair competition under the provisions of this section. Any complaints to the director of planning in violation of this section shall only be heard upon written complaint specifying the act complained of and sworn to by the complainant before a notary public or other officer authorized to administer oaths.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.21)

Every taxicab shall have posted in the passenger's compartment a schedule of rates and charges for the hire of the vehicles; also a card bearing the driver's photo, name and address of the business as hereinafter provided and another card bearing the owner's name, address and telephone number of business, the cab number and the Montebello police department telephone number; all of which must be contained in a small card holder at least five inches by seven inches in size and placed in a conspicuous place in the passenger compartment.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.22)

The driver of a taxicab shall remain within ten feet of said taxicab while parked at any stand designated by the director of planning, except while assisting passengers to load or unload or while answering his/her telephone.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.23)

No charge shall be made by any operator or owner of a taxicab lower than, or in excess of, the rates posted in the passenger compartment of said car and approved by the director of planning.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.24)

No taxicab shall be operated unless the passenger compartment is kept clean and in sanitary condition.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.25)

Every taxicab shall be equipped at all times with a standard type of fire extinguisher in good working condition. A current record of maintenance dates must be visibly posted on the fire extinguisher.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.26)

No person shall solicit or pickup passengers for pay on the streets of the city for transportation in any cab, taxicab, automobile, station wagon or bus without carrying a permit issued by the finance department and without a valid California driver's license. Anyone not licensed or carrying a permit to do so from and by the city finance department will be in violation of this code, excepting only buses operating under authority of the public utilities commission.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.27)

Upon obtaining such permit, the driver or operator shall have in his/her possession, at all times while operating a taxicab, the permit furnished to him/her by the finance department.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.28)

All permits to provide taxicab service or to drive a taxicab shall expire one year from the date of issue. Applications for renewal shall be made within thirty days before the date of expiration of the permit, together with a renewal fee in such amount as shall be set by the city council by resolution.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.29)

The director of planning may revoke or suspend any such taxicab permit so issued, or the director of finance or police chief may suggest to the director of planning to revoke or suspend any such taxicab permit so issued, for any violation of the provisions of this chapter by the holder of such permit. Such suspension or revocation may come about as a result of the existence of any facts which would have been good reason for denying such permit when first applied for, whether such facts existed at the time the application was made for such permit or came into existence thereafter.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.30)

In the event of a refusal, revocation or suspension of any taxicab permit by the director of planning, the applicant permittee may appeal the decision to the city manager, which may in his/her discretion affirm, reverse or modify the rule made by the director of planning.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.31)

Every certificate holder shall designate each of their taxicabs by number, and no two taxicabs of any certificate holder shall be designated by the same number. The name or trade name of the certificate holder and the number which the taxicab is designated shall be printed, stamped or stenciled conspicuously on the outside and on top of each taxicab, and in the passenger compartment thereof.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.32)

No certificate or permit issued under the terms of this chapter shall be transferable either by contract or operation of law without the permission of the director of planning having been first obtained. Any such attempted transfer shall be sufficient cause of revocation thereof.

(Ord. 2071 § 1 (part), 1992: prior code § 6405.33)