Mountain View Municipal Code § 30.2 Taxicab permits; exclusions

Footnotes:

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Editor's note— Ord. No. 5.10, § 1, adopted February 23, 2010, amended the Code by repealing former Ch. 30, §§ 30.1—30.37, and adding a new Ch. 30. Former Ch. 30 pertained to similar subject matter, and derived from Ord. No. 11.94, adopted June 28, 1994; and Ord. No. 5.99, adopted April 13, 1999.

Cross reference— Franchises generally, §§ 2.56 to 2.65.

Prior ordinance history—Ord. Nos. 175.603, 175.611, 15.66, 7.72, 27.79, 9.78, 7.81, 10.82, 6.86, 20.86 and 26.91

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"ADA paratransit providers" means taxi companies operating taxicabs contracted with a "broker" to provide ADA (Americans with Disabilities Act) paratransit services on designated "broker" business. The Santa Clara County Transit District (SCCTD) funds a county-wide "broker" of paratransit services to administer and manage paratransit service to eligible individuals with disabilities in compliance with the SCCTD's approved ADA plan.

"Holder" means a person to whom a Taxicab Company Permit or Taxicab Driver's Permit has been issued.

"Manifest" means a daily record prepared by a taxicab driver of all trips made by such driver, showing time and place of origin, destination, number of passengers, and the amount of fare of each trip.

"Medallions" or "vehicle medallion" means the official city-issued decal or appliqué affixed to the taxicab denoting that the taxicab is registered with the city.

"Taxicab company permit" means the permit issued by the city to the owner of a minimum of five (5) taxicabs seeking to offer service in the city.

"Taxicab driver's permit" means the permit issued by the city to the driver of a taxicab. References to the obligation of the company or driver shall apply equally to drivers who are employees, affiliates and/or subcontractors.

"Taxicab" or "cab" means a motor vehicle regularly engaged in the business of carrying passengers for hire and having a seating capacity of not more than eight (8) persons, excluding the driver, and not operated on a fixed route.

"Taximeter" means a meter instrument or device attached to a taxicab which measures mechanically the distance driven and the waiting time upon which the fare is based.

"Waiting time" means the time when a taxicab is not in motion, from the time of acceptance of a passenger or passengers until the time of discharge. Waiting time shall not include the time when a taxicab is not in motion because of the fault of the driver or the vehicle.

(Ord. 5.10, § 1, 2/23/10.)

Any person owning a taxicab or driving a taxicab seeking to operate the same in the city shall comply with this chapter. The taxicab company permit, described below, will authorize the owner of a minimum of five (5) taxicabs or taxicab company owning a minimum of five (5) taxicabs to secure a permit to operate his/her taxicab(s) in the city provided each driver of one of the company taxicabs receives a taxicab driver's permit. In addition, the taxicab company must secure an individual medallion for each taxicab to be registered with the city.

a. No person shall operate a taxicab for hire upon the streets of the city, and no person who owns or controls a taxicab shall permit it to be so driven, unless the owner of such taxicab and driver shall have first obtained and shall have then in force a taxicab company permit and a taxicab driver's permit issued by the city.

1. Taxicab company permit—It shall be unlawful for any owner or driver to operate a taxicab in the city without first registering the taxicab with the city and paying all applicable licensing and permit fees. A taxicab permit may be acquired from the city upon presentation of the following:

(i) A complete taxicab permit application;

(ii) Proof of insurance in accordance with this chapter;

(iii) A statement indemnifying the city in accordance with this chapter;

(iv) A schedule of rates of fare which will be posted in the taxicab;

(v) Proof of vehicle ownership accompanied by a statement under penalty of perjury that the applicant is the vehicle owner or authorized representative of the owner and is authorized to legally bind the company as required by this chapter; and

(vi) Payment of the biennial permit application fee, plus an individual biennial medallion fee for each taxicab registered with the city.

2. Taxicab driver's permit—It shall be unlawful for any person to operate a taxicab within the city or for any taxicab company to permit their taxi(s) to be operated in the city by a driver not licensed pursuant to this chapter. A driver's permit may be acquired upon presentation of the following:

(i) A complete taxicab driver's permit application;

(ii) A valid California driver's license;

(iii) A statement under penalty of perjury that the driver has never been convicted of a felony or misdemeanor conviction involving moral turpitude, larceny, theft or sex crimes;

(iv) A certificate acceptable to city showing the driver passed a drug test within the previous twelve (12) months;

(v) Submission to a criminal offender records check as required by the police department; and

(vi) Payment of the taxicab driver's permit fee.

Each permit shall be valid for two (2) calendar years following issuance.

The permits and medallions issued pursuant to this chapter shall be nontransferable to other taxicabs or drivers.

b. Renewal of permits. It is the permit holder's responsibility to renew a taxicab company or taxicab driver's permit. The taxicab permit, driver's permit and vehicle medallions shall be renewed biennially by the permit holder provided a complete renewal application with appropriate permit renewal fees are received by the city or postmarked thirty (30) calendar days before the permit's expiration date. If the application is late, determined to be incomplete or is not otherwise capable of being acted on prior to the thirty-day period before the expiration date, the applicant may be required to pay late fees. Holders of expired permits are not permitted to operate taxicabs in the city. If the permit lapses for more than thirty (30) calendar days after the expiration date, the applicant shall file an initial application.

c. Exclusions. The following are excluded from the requirement to obtain a taxicab company permit:

(i) ADA paratransit providers when providing paratransit service in compliance with SCCTD's approved ADA plan.

(ii) A charter-party carrier of passengers within the meaning of Sec. 5351, et seq. of the California Public Utilities Code.

(iii) Any person operating or causing to be operated a taxicab while transporting a passenger(s) from a point outside to a destination within the city, or proceeding through the city to a destination outside the city.

(Ord. 5.10, § 1, 2/23/10.)

The taxicab driver's permit shall be posted in such a place to be easily visible to all passengers, day and night. The vehicle medallion shall be on display and easily visible in the rear window of the taxicab.

(Ord. 5.10, § 1, 2/23/10.)

No taxicab permit shall be issued or continued in effect unless there is in full force and effect the following:

a. Commercial general liability/automobile liability insurance: Taxicab company shall obtain and maintain commercial general liability insurance and automobile liability insurance in the amount of one million dollars ($1,000,000.00) per occurrence. If a general aggregate limit is used, either the general aggregate limit shall apply separately to this contract or the general aggregate limit shall be twice the required occurrence limit. Taxicab company's insurance coverage shall be written on an occurrence basis.

b. Workers' compensation insurance: Taxicab company shall obtain and maintain statutory workers' compensation insurance and employer's liability insurance in the amount of one million dollars ($1,000,000.00) per accident.

c. Acceptability of insurers: Insurance is to be placed with insurers with a current Best Rating of A:VII unless otherwise acceptable to the city.

d. Verification of coverage: Insurance, deductibles or self-insurance retentions shall be subject to the city's approval. Original certificates of insurance with endorsements shall be received and approved by the city before a permit is issued.

e. Other insurance provisions:

(1) The city, its officers, officials, employees and volunteers are to be covered as additional insured by Endorsement CG 20 10 11 85 or other endorsement approved by the city's risk manager for commercial general and automobile liability coverage.

(2) For any claims related to this application, taxicab company's insurance coverage shall be primary and any insurance or self-insurance maintained by the city, its officers, officials, employees and volunteers shall not contribute to it.

(3) Each insurance policy required shall be endorsed that a thirty-day notice be given to the city in the event of cancellation or modification to the stipulated insurance coverage.

(4) Approval of the insurance by the city or acceptance of the certificate of insurance by the city shall not relieve or decrease the extent to which taxicab company may be held responsible for payment of damages resulting from taxicab company's services or operation pursuant to this chapter, nor shall it be deemed a waiver of the city's rights to insurance coverage hereunder.

(5) If, for any reason, taxicab company fails to maintain insurance coverage that is required pursuant to this ordinance, the city, at its sole option, may suspend or revoke the taxicab company's permit(s).

The permit holder is responsible also to keep the city informed of deletions and additions of vehicles to the insurance schedule when changes are made during the year.

It shall be a misdemeanor to operate a taxicab business without insurance coverage as specified in this section.

(Ord. 5.10, § 1, 2/23/10.)

The taxicab company shall defend, indemnify and hold the city, its officers, employees and agents harmless from any liability for damage or claims of same, including but not limited to personal injury, property damage and death, which may arise from taxicab company or taxicab company's contractors, subcontractors, agents or employees' operations under this agreement. The city shall cooperate reasonably in the defense of any action, and taxicab company shall employ competent counsel, acceptable to the city attorney.

(Ord. 5.10, § 1, 2/23/10.)

If, at any time, in the judgment of the city, the taxicab auto liability insurance policy for the holder does not meet the requirements set forth in Section 30.2.2, the city may suspend the permit until the city has received satisfactory proof that the holder has obtained insurance which meets such requirements or revoke the permit for repeated violations of this section.

(Ord. 5.10, § 1, 2/23/10.)

a. A taxicab permit and/or taxicab driver's license may be suspended or revoked by the city if the holder thereof has:

1. Violated any of the provisions of this Code, including this chapter.

2. Violated any provision of state or federal law.

3. Made a materially false or misleading statement or omission of fact on any permit application, or renewal application, or in any supplementary materials submitted therewith.

b. When a decision to suspend has been made, the permit holder shall be given notice of the suspension and the reason(s) therefor. Should the holder wish to contest the action, they may request an appeal hearing pursuant to section 30.16.

c. Should the permit renewal date come while a permit is suspended, the holder shall follow renewal procedures under section 30.2 for reactivation of the permit.

d. Revocation of said permit(s) may occur for repeated or serious violation of this chapter or state law; felony conviction; misdemeanor conviction involving moral turpitude, larceny, theft or sex crimes.

(Ord. 5.10, § 1, 2/23/10.)

Any suspension of a permit shall become effective immediately upon delivery of the written decision of the city to the holder at the most recent home or business address on file with the city, or within five (5) days of the deposit of such decision addressed to the holder into the United States mail by certified mail.

(Ord. 5.10, § 1, 2/23/10.)

Upon a written decision suspending a taxicab permit, the permit shall immediately be surrendered to the city. Once the reasons for suspension are duly remedied and the period of suspension, if applicable, has expired, the city shall return the permit.

(Ord. 5.10, § 1, 2/23/10.)

It shall be unlawful for any person to operate a taxicab during a period in which the taxicab permit for the vehicle has been suspended or revoked.

(Ord. 5.10, § 1, 2/23/10.)

Every holder under this chapter shall comply with all city, state and federal laws. Violations shall justify the suspension or revocation of the taxicab and/or driver's permit(s).

(Ord. 5.10, § 1, 2/23/10.)

a. All taxicabs operating in the city shall adhere to state and federal laws regarding vehicle maintenance.

b. It shall be unlawful for a holder to operate, cause to be operated, or permit to be operated any taxicab when it is not in a safe operating condition.

c. A taxicab permit holder shall obtain an annual mechanical safety inspection of all permitted taxicabs. At a minimum, the inspection shall include a mechanic's certification that the windshield wipers, defroster, braking system, emergency brake, lighting system, glass, tires, exhaust system, spare tire and jack, driver displays (e.g., gear shift indicator, speedometer, engine warnings), steering system, suspension system, mirrors, horn, seat belts, seats, door/window handles and locks, heating system and body panels are in good working order. A copy of the inspection report shall be carried in the vehicle and produced to the police upon request. The permit holder shall maintain the inspection records for each vehicle for a period of no less than one (1) year after the vehicle is no longer permitted by the city.

d. Any city police officer, or reserve police officer, having reasonable cause to believe that any taxicab or combination of taxicabs is not equipped as required by this code, the California Vehicle Code, or is in any unsafe condition as to endanger any person, may require the driver to stop and submit the vehicle or combination of vehicles to an inspection and those tests as may be appropriate to determine the safety to persons and compliance with the code.

(Ord. 5.10, § 1, 2/23/10.)

All taxicabs operated under the authority of this chapter shall be equipped with taximeters which conform to all applicable requirements of State of California laws and regulations and shall be sealed by a California County Sealer of Weights and Measures. All taximeters shall be fastened so as to be clearly visible to passengers at all times of day and night. The taximeter shall be subject to inspection from time to time by the city and a California County Sealer of Weights and Measures. Such inspection may be initiated by complaint of a private citizen. If an inspection results in the finding of a faulty meter, the taxicab company permit shall be suspended until such time as the meter can be repaired and approved by a California County Sealer of Weights and Measures, and all other taxicabs of that company licensed in Mountain View can be checked for compliance.

(Ord. 5.10, § 1, 2/23/10.)

The licensee shall furnish service on a meter and service charge basis. A true and correct schedule of rates of fare to be charged for the transportation of passengers in any and all vehicles operated by said permit holder shall be filed with the application for a permit. A schedule of such fares shall be posted conspicuously in each vehicle operated by said permit holder and shall be visible to all passengers, day and night. The rates shall not exceed those in effect in the City of San Jose for service not related to the San Jose Airport.

ADA paratransit providers who contract with the "broker" for transporting an eligible passenger or passengers on designated "broker" business will discount from the total regular fare.

It shall be unlawful to charge, collect, or receive any other or different compensation for the use of such taxicab than that specified in the tariff or fare schedule so on file and at the time in effect, excepting tips.

(Ord. 5.10, § 1, 2/23/10.)

Upon a passenger's request, the driver of any taxicab shall render to such passenger a receipt that shall include the following information:

1. The amount charged;

2. The name of the permit holder or name of the business;

3. The vehicle or taxicab number; and

4. The date of transaction.

(Ord. 5.10, § 1, 2/23/10.)

It shall be unlawful for any person to refuse to pay the legal fare after having hired the same, and it shall be unlawful for any person to hire any vehicle herein defined with intent to defraud the person from whom it is hired of the fare for such service.

(Ord. 5.10, § 1, 2/23/10.)

a. No driver shall solicit patronage to the annoyance of any person nor obstruct the movement of any persons, nor follow any person for the purpose of soliciting patronage.

b. No additional passenger shall be accepted by a taxicab driver without the consent of the person or persons first employing the taxicab. No charge shall be made for any additional passenger except when the additional passenger rides beyond the previous passenger's destination, and then only for the additional distance so traveled. A "double" charge made by the driver is prohibited, and violation thereof is declared to be a misdemeanor.

c. No driver shall permit more persons to be carried in a taxicab as passengers than the rated seating capacity of his/her taxicab, as stated in the taxicab permit.

d. No driver shall refuse or neglect to convey any orderly person or persons, upon request, unless previously engaged or unable or forbidden by the provisions of this chapter to do so. Any such refusal or neglect by the driver shall render him/her guilty of a misdemeanor and subject him/her to punishment therefor, in addition to any punishments otherwise provided by law.

e. Any driver employed to carry passengers to a definite point shall take the most direct route possible that will carry the passenger or passengers safely and expeditiously to their destination, unless otherwise directed by the passenger or passengers.

(Ord. 5.10, § 1, 2/23/10.)

a. The traffic engineer is hereby authorized and empowered to establish taxi stands in such place or places upon the streets of such city as he/she deems necessary for the use of taxicabs operated in the city. The city shall prescribe the number of cabs that shall occupy taxi stands.

b. Taxi stands shall be used by the different drivers on a first-come first-served basis. Drivers shall stay within twenty (20) feet of their cab and they shall not solicit passengers or engage in loud or boisterous talk while at a taxi stand.

c. The city shall paint the curbs in areas designated as taxicab stands by the traffic engineer. The costs of painting such curbs shall be borne by the city.

(Ord. 5.10, § 1, 2/23/10.)

No holder shall park or permit to be parked a taxicab in a city parking lot while waiting for a patron, except as noted in Sec. 30.12.1. For the purpose of this section, a taxicab is waiting for a patron if the driver is not otherwise engaged in an activity and/or is available for hire.

(Ord. 5.10, § 1, 2/23/10; Ord. No. 8.12, § 8, 10/23/12.)

The city traffic engineer may allow up to five (5) designated taxicab parking spaces in Lot 4 for use of taxicabs that are queuing for the taxicab parking spaces in the Downtown Transit Center lot from 5:00 a.m. until 10:00 a.m. Taxicabs queuing in Lot 4 may not pick up patrons from Lot 4. The maximum amount of time a taxicab shall occupy one of these designated taxicab spaces is one (1) hour.

(Ord. No. 8.12, § 9, 10/23/12.)

Private or other vehicles for hire shall not at any time occupy the space upon the streets that has been established as taxicab stands.

(Ord. 5.10, § 1, 2/23/10.)

Every driver shall maintain a daily manifest upon which is recorded all trips made each day, showing time and place of origin and destination of each trip, and amount of fare. All such completed manifests shall be returned to the holder by the driver at the conclusion of his/her tour of duty. The forms of each manifest shall be furnished to the driver by the holder and shall be of a type and form approved by the city.

Every holder of a taxicab permit shall retain and preserve all drivers' manifests in a safe place for at least one (1) calendar year, and such manifests shall be available to the city exclusively, for inspection at all reasonable hours.

(Ord. 5.10, § 1, 2/23/10.)

a. Every holder shall keep accurate records of receipts from operations, operating and other expenses, capital expenditures, and such other operating information as may be required under the terms of this chapter. Every holder shall maintain the records containing such information and other data required by this chapter at a place readily accessible for examination by the city.

b. All accidents arising from or in connection with the operation of taxicabs permitted by the city which occur on a street/highway or private property, regardless of jurisdiction, shall be reported to the police department within three (3) days if there was an injury, death or property damage in excess of the amount reportable to the California Department of Motor Vehicles. This reporting is in addition to any other report filed with a law enforcement agency, insurance company or California Department of Motor Vehicles.

c. Every holder of a taxicab company permit shall keep and maintain at all times a complete and accurate record of all drivers employed by the holder, which record shall show in detail the names, home addresses and the beginning and separation dates of employment of the drivers, the taxicab or taxicabs driven by such drivers, and the hours during which such drivers were on duty during each day or night of their employment. Such records shall be provided to the city at any time upon demand and shall be retained for a period of at least five (5) years after the driver's separation from the taxicab company. Upon separation of the employment of any driver, the holder shall surrender the driver's permit to the police department.

d. Every holder of a taxicab permit shall require employed drivers to submit a certificate showing the driver passed a drug test within the previous twelve (12) months. The drug test shall be completed by a certified laboratory meeting standards consistent with the U.S. Department of Health and Human Services. Evidence of completion shall be required annually and these records shall be provided to the city upon request and retained by the holder with other employment records specified in subsection c.

(Ord. 5.10, § 1, 2/23/10.)

Whenever the city has made a decision or ruling to deny, suspend or revoke any permit issued under this chapter, the applicant or holder of the permit may appeal the decision by filing a written request for an appeal hearing to the city manager within ten (10) days of receipt or constructive receipt of the decision. Until the ruling of the city manager, the administrative decision shall remain in full force and effect whether it will be for denial of an application, suspension or revocation.

The city manager shall provide notice to the appellant and a date for the hearing within twenty (20) days of receipt of the appeal and the payment of the appeal fee. The hearing shall be set within twenty (20) days, unless the applicant or holder requests a continuance. At the hearing, both the applicant or holder and staff shall have the right to appear and be represented by counsel and to present evidence and arguments which are relevant to the grounds for the appeal, limited to the grounds for appeal stated in the filing of the appeal. The applicant or holder may appear in person or by submitting written material. A nonappearance shall result in a vacation of the appeal.

Within ten (10) days of the hearing, the city manager shall issue a written decision which states whether the decision of the administrative staff is to be upheld, modified or reversed, and the length of any suspension. The decision shall be served on the holder or applicant by certified mail, and the decision of the city manager shall be final.

(Ord. 5.10, § 1, 2/23/10.)

The following shall be among the criteria for denial of a permit or suspension or revocation of same.

1. The application is not complete.

2. The application contains fraudulent or misleading statements or omissions of facts.

3. The applicant is not qualified or able to safely operate a taxicab in accordance with the laws of the State of California and the requirements of this chapter.

4. The applicant has been convicted of reckless driving, driving under the influence in the past ten (10) years, or has previously been convicted of vehicular manslaughter.

5. The applicant has been convicted of a felony or any offense involving moral turpitude or the use of force or violence upon another person or any sex offense.

If the application is denied, the applicant may appeal to the city manager as set forth in section 30.16.

(Ord. 5.10, § 1, 2/23/10.)

The city may conduct periodic inspections of taxicab companies and taxicabs to ensure the permit holder and its permitted vehicles are in compliance with the provisions of this code. Permit holders shall display records, allow inspection of vehicles and comply with providing proof of compliance with this code. The provisions of this chapter shall be enforced by the city manager. Any violation of this chapter may result in any or all of the following:

1. Fine;

2. Misdemeanor charge;

3. Suspension of taxicab or driver's permit; or

4. Revocation of the taxicab and/or driver's license.

(Ord. 5.10, § 1, 2/23/10.)

The city manager is hereby authorized to promulgate administrative rules, regulations and interpretations to implement this chapter. Said rules, regulations and interpretations may include, but are not limited to, revisions to the terms or limits of the required insurances; the application process; requirements of operation, etc. Once promulgated, they shall have the force of law as an embodiment of this section.

(Ord. 5.10, § 1, 2/23/10.)