Murrieta Municipal Code Ch. 10.60 Taxicabs

This chapter is enacted pursuant to the authority of Government Code Section 53075.5 and Vehicle Code Section 21,100(b) to protect the public health, safety and welfare of the residents of Murrieta when using taxicab service and to promote the orderly development and maintenance of safe and reliable privately-operated taxicab transportation service in the city of Murrieta.

(Ord. 344 § 2, 2005)

Unless the context in which used requires otherwise, the following words and variants thereof, when used with initial capitalization shall have the following meanings:

“Business license” means the license required by the finance department to operate any business within the city of Murrieta and is in addition to any specific permits required under this chapter for the operation of a taxicab business.

“Business license officer” means the finance director of the city of Murrieta, or the designee of such person.

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

“For hire” means any compensation, whether monetary or with any other tangible or intangible item of value, for the purposes of employing a taxicab driver for transportation purposes.

“Passenger” means and includes a person riding in a taxicab as distinguished from one operating the same.

“Pedicab” means a passenger vehicle designed for the carrying of passengers, powered by the use of a single person pedaling passengers for hire on a cycle within the city.

“Person” means and includes a natural person, a partnership, an association, a corporation, or any officer, director or stockholder of a corporation.

“Street” means and includes any street, alley, avenue, lane, court or public place in the city.

“Taxi business permit” means the specific taxicab business permit required under this chapter for any person, proprietor, partnership or corporation to operate a taxicab business transporting passenger(s)-for-hire within the city of Murrieta. This permit is in addition to a business license.

“Taxi driver permit” means the permit required under this chapter that each taxicab driver or operator must possess to operate a taxicab within the city of Murrieta.

“Taxicab” means a motor-propelled passenger vehicle designed for carrying not more than eight persons, excluding the driver, and intended to carry passengers for hire within the city. “Taxicab” shall not include a charter-party carrier of passengers within the meaning of the Passenger Charter-Party Carriers' Act, Chapter 8 (commencing with Section 5351) of Division 2 of the California Public Utilities Code (PUC). “Taxicab” shall not include limousine services licensed by the PUC. Taxicabs shall not include passenger stage carriers licensed by the PUC.

“Taxicab business” means a passenger-for-hire business, either based in Murrieta or elsewhere, whose business activity includes picking up any passengers in the city of Murrieta by on-demand requests, a radio dispatched service, or referral which results in charging the passenger by metered time and/or distance to a destination identified by the hiring passenger for an exclusive ride. Such taxi services are a business that is required to be licensed under this chapter. Taxi services which have picked up passengers outside of the city of Murrieta and delivered the passengers to a location within the city are excluded from the licensing requirements under this chapter.

“Taxicab permit” means the taxicab permit sticker which must be displayed on the taxicab vehicle being used to transport passenger(s)-for-hire within the city of Murrieta.

“Taximeter” means a mechanical or electronic device, by which the charge for hire of a taxicab is automatically calculated, either for distance traveled or for waiting time, or both, and upon which such charge is plainly registered by means of figures indicating dollars and cents.

(Ord. 344 § 3, 2005)

A. No taxicab business shall be operated in the city without first obtaining a valid business license issued by the city and a taxicab business permit issued by the city for the operation of a taxicab business in accordance with this chapter. The permits must be renewed annually.

B. No taxicab shall be operated within the city without a valid taxicab permit. The permit must be renewed annually.

C. No driver shall operate a taxicab within the city without a valid taxi driver permit from the city. The permit is valid for 24 months.

D. All permit holders, except employee taxi drivers, must have a valid city business license. The business license must be renewed annually.

(Ord. 344 § 4, 2005)

Any person desiring to obtain a permit required by this chapter shall pay a fee as established by resolution of the city council to the business license officer/finance department license collector and shall make a verified application for the permit to the business licensing sector of the city. The application shall set forth:

A. The name and address of applicant; and if the same be a corporation, the names of its principal officers and stockholders; if the same be a partnership, the names of the persons comprising the partnership or association;

B. Proof of legal residency and/or the ability to work or legally own and operate a business in California;

C. The trade name, and proof of filing of fictitious name;

D. A complete schedule of the rates of fare to be charged;

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

• 1. Color, scheme and markings
• 2. Motor and serial number
• 3. State license number
• 4. Seating capacity
• 5. Body style

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

G. The name of the legal and registered owner of each such vehicle;

H. The name of each proposed driver;

I. The distinctive color scheme, name, monogram or insignia which shall be used on such taxicab;

J. If any proposed stand is in the public street, the application shall be accompanied by a written consent thereto of all occupants of the ground floor of any building or lot in front of any building or lot in front of which taxicab is to be located, and for twenty- five (25) feet each way therefrom, or if there is no such occupant, by the written consent thereto of the owner or lessee of such building or lot, or as deemed necessary by the city-proposed locations of any fixed taxicab stands within the city. A separate fee may be imposed for the operation of each fixed taxicab stand;

K. All persons whose names appear as required by subsection A. of this section shall indicate in their application their assent to submit to a background investigation, livescan fingerprinting and drug screening at the cost of the applicant by chief of police, or his or her designee. Thereafter, the chief of police, or his or her designee, shall obtain the fingerprints during a routine investigation of the applicant as required by the following sections. The chief of police, or his or her designee, shall immediately inquire into the facts and shall investigate the character and background of the applicant and shall be prepared to submit the results of the investigation to the business licensing officer when so requested;

L. All previous and current passenger carrier business interests and activity within any other jurisdiction;

M. The taxicab business permit holder shall furnish to the chief of police, or his or her designee, a good quality four by six inch color photograph of a completely equipped vehicle for each approved color scheme, monogram and insignia. The color scheme adopted shall not be one which is already used by or which has been trademarked by any other taxicab business permit holder in the city. No material change in the color scheme or distinguishing characteristics of any taxicab shall be made without prior written permission from the chief of police, or his or her designee. Such permission shall not be unreasonably withheld.

(Ord. 344 § 5, 2005)

The owner of a taxicab shall have each taxicab vehicle inspected by a licensed mechanic within sixty (60) days of applying for a city taxicab business permit, taxicab permit or renewal of these permits. No taxicab permit shall be granted unless the applicant presents a signed and dated statement from a licensed mechanic who inspected the vehicle, certifying that the vehicle is in safe operating condition. The statement from the licensed mechanic must include the date of the inspection, the name of the business and name of the mechanic; business address and phone number and bureau of automotive repair license number; the vehicle identification number (VIN) and license plate number to the taxicab vehicle. The business licensing officer shall not renew the business license until the above requirements have been satisfied through notification by the officer handling the renewal, as designated by the chief of police.

(Ord. 344 § 6, 2005)

At the review of such application, the chief of police, or his or her designee, may examine the applicant and all persons interested in the matter set forth in the application, and the chief of police, or his or her designee, shall determine whether or not the public interest, convenience and necessity require the issuance of the permit applied for, and if it be found by the chief of police, or his or her designee, that the public interest, convenience and necessity require the issuance of the permit applied for, the chief of police, or his or her designee shall issue a permit in accordance with the application, subject to the filing and approval of an undertaking, and subject to such conditions as may be imposed by the chief of police, or his or her designee, including the minimum and maximum number of vehicles that may be used. This includes a complete criminal background check conducted on the applicant by the chief of police, or his or her designee.

(Ord. 344 § 7, 2005)

Any of the following reasons shall be sufficient for denial of a permit required by this chapter:

A. The application is not complete and does not contain the information required to be contained therein by this chapter.

B. The applicant fails the background investigation conducted by the office of the chief of police, or his or her designee, as described in Section 10.60.040K., or does not meet the requirements to obtain a driver's permit as listed in Section 10.60.200A. and B.

C. The vehicles represented in the application are inadequate or unsafe for the purposes for which they are to be used.

D. The applicant cannot demonstrate proof of legal residency and/or the ability to legally work or operate a business in California.

E. The color scheme, name, monogram or insignia to be used upon such automobiles shall 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.

F. The location of the proposed taxi stand is such as to congest or interfere with travel on any public street, or that the proposed stand is within three hundred (300) feet of any other taxi stand theretofore fixed by the chief of police, or his or her designee, on the same street.

G. The applicant does not maintain a local business office and dispatch center within ten (10) driving miles of the Murrieta city limits, a local or toll- free phone number where prospective passengers do not incur added calling charges when calling from Murrieta.

H. The applicant has, at some prior time, had such a permit revoked for reason.

I. It appears to the chief of police that there are sufficient taxicabs for hire in the city to fully serve the public, and that the public interest, convenience and necessity do not require the issuance of such permit.

J. The schedule of fares or rates does not appear to be fair and equitable.

K. The applicant failed a drug screen test.

L. The applicant provided false information on any permit application or to background investigators.

(Ord. 344 § 8, 2005)

Within ten (10) calendar days after receipt of the decision of the chief of police, or his or her designee, the applicant may file with the city clerk a written request for a hearing before the city council. Fees for appeal shall be established by resolution of the city council. Upon the filing of such a request and payment of fees, the city clerk shall set the matter for a hearing and shall notify the appellant of the date, time and place of such hearing at least five days before the hearing date. At the hearing, any person may present evidence in opposition to, or in support of, the appellant's case. At the conclusion of the hearing, the city council shall either grant or deny the appeal, and the decision of the city council shall be final.

(Ord. 344 § 9, 2005)

The taxicab permit holder shall maintain a legible, written record of all service maintenance and repairs performed on the vehicle, the dates the work was done, the mechanic doing the work, and the location of the facility where the work was done. Such records shall be retained by the taxicab permit holder and shall be made available for inspection by the police department for a period of at least three years.

(Ord. 344 § 10, 2005)

A. The taxicab permit shall be in the form of a vehicle sticker. Every taxicab shall have a sticker affixed to the upper left section of the vehicle's rear window, indicating that the taxicab permit application therefore has been approved by the city and all fees required by resolution of the city council in relation thereto have been paid in full. No taxicab permit vehicle sticker shall be issued each renewal period unless annual renewal fees have been paid in full, written proof of passing an annual vehicle inspection conducted within thirty (30) previous days by a certified mechanic has been presented, the taximeter has a valid seal, and proof of valid insurance is presented.

B. Registration of Vehicles. Each permitted taxicab shall have a valid and current registration issued to the taxicab permit holder by the department of motor vehicles of the state of California. A copy of such registration shall be kept in each taxicab and available for inspection by any law enforcement officer or code enforcement officer.

C. Identification—Color Scheme. Each permitted taxicab shall be uniformly painted in accordance with a color scheme described in the taxicab business application and approved by the chief of police, or his or her designee, which approval may not be withheld except for consideration of safety or duplication of another permittee's color scheme. On each taxicab there may be painted a monogram or insignia for identification purposes that has also been approved in writing by the chief of police, or his or her designee.

D. Name, Lettering and Designs.

1. The name or fictitious business name of the taxicab business permit holder of the taxicab shall be printed on the outside of each front or rear side door of every taxicab operated in the city.

2. The number of each taxicab, as designated by the taxicab business, shall be painted on each side and on the rear of such vehicle in conspicuous locations approved by the chief of police, or his or her designee. A separate number shall be used for each vehicle. All required numbering and lettering shall be assigned by the chief of police, or his or her designee, and posted on the taxicab vehicle, not less than three and one-half inches in height and not less than one-half inch in width.

3. All lettering and designs on each taxicab shall be clean and legible and shall be of a substance that will weather the elements. The lettering and identifying design on all vehicles operating within the city and owned and/or operated by the same taxicab business permittee shall be of the same wording, color scheme, size and be located at the same places on each vehicle, as has been approved by the Chief of Police, or his or her designee, for the parent business.

4. Taxicabs shall not be utilized for advertising purposes. No advertising device, such as a display sign, shall be placed on or in a taxicab operated pursuant to this chapter. Advertising, for the taxicab business only, may be painted on the taxicab itself, provided that the identifying numbers and designs required by this chapter shall not be obscured thereby.

E. Taxicab Signs.

1. The following information shall be posted in taxicabs. In every taxicab there shall be a sign of heavy material, not smaller than six inches by four inches (or such other specified by the chief of police, or his or her designee), securely attached and clearly displayed in view of the passenger at all times, providing in letters as large as the size of the sign will reasonably allow, all of the following information:

a. Name of the owner, or the fictitious business name under which the owner operates;

b. The business address and telephone number of the business;

c. The identifying number of such vehicle;

d. The approved rates of fare to be charged for the hire of such vehicle;

e. The name, address, telephone number of the city business licensing office, and police department dispatch number;

f. At the request of any person, the driver of a taxicab shall give the number of his or her vehicle.

2. In the event more than one local regulatory agency has jurisdiction over the operation of the taxicab, the required notice shall provide the name, address and telephone number of the agency having jurisdiction in the area where the taxicab operator conducts its greatest volume of business; or, if this cannot readily be ascertained, the name, address and telephone number of the agency having jurisdiction in the area where the taxicab operator maintains its offices or primary place of business, provided that the operator conducts a substantial volume of business in such area; or, if neither of the foregoing provisions apply, any agency having jurisdiction of an area where the taxicab operator conducts a substantial volume of business.

3. All names, trademarks and other identifying marks and designs for companies no longer in business, no longer operating with the same name, or no longer operating under the same operating authority shall be removed from all affected taxicabs or covered over within sixty (60) days from the change of company ownership or operation.

F. Fasten Seatbelt Sign. In every taxicab, there shall be a sign no smaller than five inches by seven inches, stating that all occupants of the taxicab, including the driver, must wear his or her seatbelt at all times while the vehicle is in motion.

G. Vehicle Requirements.

1. Following the issuance of a taxicab permit, the holder thereof shall cause each vehicle to which the permit applies to be inspected by a licensed mechanic, pursuant to this chapter as often as necessary, but in no case less than once annually. Each taxicab vehicle must comply, at all times, with the California Vehicle Code.

2. All licensed taxicabs shall at all times be maintained by the taxicab business permit holder, in an acceptable appearance and state of repair, in clean and sanitary condition, and in safe operating condition.

3. The taxicab business permit holder must keep and maintain a maintenance log on every taxicab. The maintenance log must include the following information:

a. A record of brake inspection, the name and address of the garage that performed the inspection, the date of the inspection; and

b. Any other inspection or maintenance performed on the taxicab vehicle.

The garage mechanic must sign and date the maintenance log after each appointment. The maintenance log must be kept at the taxicab business principal office and be available for review by the police department/code enforcement department for at least three years after the date of the last entry in the log book or other form of log. A taxicab permit for the inspected vehicle may be revoked or suspended if the holder fails to comply with the provisions of this section after being given ten days written notice to so comply.

H. Necessary Equipment. Taxicabs shall have the following equipment in addition to such equipment as may be required by the California Vehicle Code or by reasonable safety considerations:

• 1. A properly inflated spare tire; unless towing and road service is maintained.
• 2. A set of tools for changing tires; unless towing and road service is maintained.
• 3. Three operable safety flares.
• 4. A fully operable fire extinguisher.
• 5. A taximeter.
• 6. A radio transmitter and receiver capable of two-way communication with a dispatcher.

I. Whenever a vehicle licensed as a taxicab pursuant to the provisions of this chapter is replaced with another vehicle, all requirements of this chapter must be first met, and a fee as established by city council resolution shall be paid by the owner of the vehicle to the business licensing officer. The previously issued vehicle permit sticker shall be removed at the time the replacement sticker is applied to the new vehicle.

(Ord. 344 § 11, 2005)

A. Testing and Sealing of Taximeter. Prior to placing any taxi vehicle into service, it shall be the duty of every taxicab business permit holder to present its licensed taxicabs at a designated reasonable place and at such reasonable time as may be specified by the weights and measures division of the county of Riverside or by other appropriate regulatory authority for the purpose of testing, checking and sealing taximeters. Failure to produce a taxicab for such purpose will be sufficient grounds for the city to deny a sticker and/or to require that the vehicle be taken out of service until the taximeter has been checked, tested and sealed by such regulatory authority in accordance with the provisions of law. The cost of all such tests, checks and seals shall be borne by the holder of the permit. Proof of completion of this requirement shall be presented to the chief of police, or his or her designee, prior to any issuance or renewal of a taxicab permit.

B. Rates—To be Filed. Every holder of a taxicab business permit shall file with the city clerk a true and correct statement of the rates proposed to be charged for the transportation of passengers in all taxicabs operated by the holder pursuant to this chapter. The company shall submit, not less than sixty (60) days in advance of changing rates, a formal request to the city council for approval of the proposed rates. At the discretion of the city council, a public hearing may be set to consider the proposed rates. The city council may require justification for the proposed rates. If the council does not hold a public hearing within sixty (60) days after the submittal, the proposed rates will be deemed to have been approved.

C. Taximeter—Operation.

1. No holder of a taxicab business permit or of a taxicab permit or of a drivers permit shall operate,

drive, cause or permit to be driven or operated, any taxicab in the city unless and until the taximeter for such taxicab shall have been approved by the appropriate regulatory authority, and it shall be the duty of such permit holder to keep the taximeter operating at all times within such standards of accuracy as may be prescribed from time to time by the appropriate regulatory authority and consistent with the approved rates on file with the city.

2. No passenger shall be carried in any taxicab unless the taximeter shall be in operation. This provision shall apply regardless of whether a taxicab is engaged for a trip entirely within the boundaries of the city or partially outside thereof, and the taximeter shall be kept operating continuously during the entire time that it is engaged in the transportation of passengers, regardless of the point of destination.

3. Within one month prior to submitting an application for issuance or renewal of a taxicab permit, the taximeter of such taxicab must be tested and sealed by the appropriate regulatory authority.

4. A taximeter shall be placed in each taxicab so that the reading dial showing the amount to be charged will be well lighted and readily discernible to a passenger riding in the taxicab.

5. Every taximeter used in the operation of taxicabs shall be subject to inspection at any time by a duly authorized representative of the city, or by other appropriate authority, including a police officer. Upon the discovery of any material inaccuracy of a taximeter or inconsistent with approved rates, the operator thereof shall remove, or cause to be removed from service, the vehicle equipped with the inaccurate or inconsistent taximeter until such taximeter shall have been replaced or repaired, and tested and resealed.

D. Flag Drop Charges. The driver of any taxicab, while carrying passengers, must immediately activate the meter once the vehicle is in motion and is actively transporting passengers, and must be deactivated by the driver once the passengers have reached the desired destination, or the passenger verbally communicates the cancellation of the service, and/or at the termination of the service.

E. Charges to be Registered. All charges for taxicab service shall be calculated and indicated by taximeter, and at all times while the taxicab is engaged, the taximeter shall be activated to register the charges.

No taximeter shall be so operated as to cause any charge to be registered thereon except during the time when the taxicab is engaged by a passenger or passengers.

F. Receipt for Charges. No driver of any taxicab, upon receiving full payment for a fare as indicated by the taximeter, shall refuse to give a receipt when requested. The receipt shall show the name of the taxi company, name of the driver, date of service, and taxicab number, total amount of fare, origin of fare and destination.

G. Charges Must be Indicated. Charges for transportation of passengers in a taxicab operated in the city shall not exceed the amount shown on the taximeter installed in the taxicab and is verified by the county of Riverside Weights and Measures. It is unlawful for any owner or driver of any taxicab to charge any passenger or passengers any sum in excess of the sum indicated on the taximeter.

(Ord. 344 § 12, 2005)

A. Rates to be Displayed in Vehicle. Every taxicab shall have conspicuously displayed in full view for the passenger or passengers a sign not less than six inches by four inches in size, which shall have printed thereon the following information:

• 1. Name of the owner or the fictitious business name under which the owner operates;
• 2. The business address and telephone number of the business;
• 3. The identifying number of such vehicle;
• 4. The approved rates of fare to be charged for the hire of such vehicle;

5. The name, address, telephone number of the city business licensing office and police department dispatch number;

6. At the request of any person, the driver of a taxicab shall give the number of his or her vehicle.

B. Deduction for Time While Disabled. In the event any taxicab shall, while under hire, become disabled or break down without fault of the passenger, the time stopped for such cause shall be deducted from the charge made.

(Ord. 344 § 13, 2005)

Before any permit is issued or renewed by the business licensing officer, or any permit is issued by the chief of police, the applicant shall deliver to the chief of police, or his or her designee, a policy of automobile liability insurance executed by a company duly authorized under the laws of this state to sell commercial automobile liability, and be an admitted carrier member of the California Insurance Guarantee Fund, or maintain an AM Best rating of “A” or better for non-admitted carriers (with proof of licensing or rating to be provided by applicant), which insurance business, through the provisions of the policy, promises and undertakes to pay in full all legal liability incurred by the insured for damages to persons or property resulting from the operation of the taxicabs referred to in the application or subsequently replaced; and, that the insurance policy complies with the minimum total coverage of five hundred thousand dollars ($500,000) per vehicle, per accident, for any liability for any injuries, death, or destruction of property, with an amount specified of no less than one hundred thousand dollars ($100,000) for individual bodily injury to any person and fifty thousand dollars ($50,000) for any property damage.

(Ord. 344 § 14, 2005)

The taxicab business permit holder or taxicab permit holder shall maintain for a period of three years and disclose to any duly authorized representative of the city, or other appropriate authority, including a police officer or code enforcement officer upon request, the following records:

A. Driver's trip records;

B. Receipts and disbursements from vehicle-for- hire operations;

C. Payments to drivers;

D. Mileage record of each vehicle;

E. Workers' compensation coverage, if required;

F. Liability insurance coverage;

G. All financial statements;

H. Copies of all citations issued by a California law enforcement officer or copies of the department of motor vehicles printout;

I. Federal and state tax returns, and such other information as the city may require.

(Ord. 344 § 15, 2005)

Any permit granted under the provisions of this chapter may be revoked by the business licensing officer and/or the chief or police, or his or her designee, 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 days notice to the permit holder, requiring him or her to appear at a certain time and place to show cause why the permit should not be revoked for any of the following reasons:

A. That the insurance has not been underwritten or has been withdrawn or lapsed for nonpayment of premium, or not in force for any reason;

B. For the nonpayment to the city of any license or permit fee.

C. For failure to comply with any of the rules and regulations or provisions set out in this chapter or in the permit.

D. For the violation of any of the laws of the state or ordinances of the city by any permit holder of any taxicab covered by such permit.

E. For failure to maintain satisfactory service to the public by means of the business, the drivers or 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;

F. For any cause which in the opinion of the chief of police, or his or her designee, makes it contrary to the public interest, safety, convenience and necessity for the permit to be continued;

G. Discrimination of gender or race.

(Ord. 344 § 16, 2005)

In the event that any taxicab business permit holder desires to change 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 or her as taxicabs, he or she shall first make written application for permission to do so from the chief of police, or his or her designee, which permission shall be granted if, and in the discretion of the chief of police, or his or her designee, it deems the public interest, necessity and convenience will be served by such change, and if the permit has complied with all provisions of this chapter, and no such change shall be made without or in advance of such permission. Any changes to the rates and charges are addressed in Section 10.60.110B.

(Ord. 344 § 17, 2005)

The chief of police, or his or her designee, may specify stands at which taxicabs permitted by the city of Murrieta may be parked for the convenience of prospective passengers, and may specify the nature and extent of the use of the stand. Such stand shall consist of a one-car space, to be marked off, painted and reserved for taxicabs only.

(Ord. 344 § 18, 2005)

No person shall refuse to pay the legal fare for the hire of any taxicab, after having hired the same. A violation of this section shall constitute a misdemeanor.

(Ord. 344 § 19, 2005)

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

A. Clothing. Any person driving a taxicab shall be clothed in a shirt with sleeves, a full pair of pants or shorts with no less than a ten-inch inseam, and shoes which cover the feet. They shall wear a name badge bearing the driver's first initial and last name visibly displayed on their shirt. The name and lettering shall be at least 1/2-inch in height. The taxi company logo may also be displayed on the shirt.

B. Insurance. No taxicabs shall be operated in the city unless the undertaking provided for in Section 10.60.130 is in full force and effect.

C. Standing on Streets. No taxicab shall remain standing upon any public street except for active 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 chief of police, or his or her designee. This subsection shall not apply to any taxicab while the same is engaged by and being paid for by a passenger.

D. Soliciting Passengers—Exclusive Use of Taxicab by Passengers. 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 engaging the same having been first obtained. A passenger engaging such taxicab shall have the exclusive right to full and free use of the passenger compartment and the whole thereof if he or she desires the same.

E. Direct Route. The driver of any taxicab shall carry any passengers engaging the same safely and expeditiously to his or her destination by the most direct and accessible route unless specifically directed otherwise by the hiring passenger.

F. Business License. No person shall operate any taxicab without prepaying any license and/or permit fee required by the city for the transaction of such business.

G. Mechanical Condition. All taxicabs shall be kept in good mechanical condition.

H. Class C or Better License and Driver's Permit. No person shall drive a taxicab in the city without a valid Class C or better license from the California department of motor vehicles and also a city taxicab driver's permit issued in writing by the chief of police in his or her possession.

I. Unfair Competition. No automobile for hire or taxicab shall be equipped with scanners or other devices which can be used to intercept radio signals and dispatches sent to specific destinations. 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 business license officer shall be the sole judge of what constitutes fraud or unfair competition under the provisions of this section. Any complaints to the city council of 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 or brought by the business licensing officer.

J. Information to be Posted in Taxicabs. In every taxicab there shall be a sign of heavy material, not smaller than six inches by four inches (or such other specified by the chief of police, or his or her designee), securely attached and clearly displayed in view of the passenger at all times, providing in letters as large as the size of the sign will reasonably allow, all of the following information:

1. The name, address, and telephone number of the city business licensing officer;

2. The name, address, and telephone number of the taxicab business permit holder under this chapter;

• 3. The name or trade name of the permit holder;
• 4. The taxicab number;
• 5. A schedule of rates and charges;
• 6. The taxicab driver's permit in prominent view of the passengers;
• 7. A “No Smoking” sign posted in prominent view of the passengers.

K. Remaining Near Cab. The driver of a taxicab shall remain within ten feet of his or her taxicab while parked at any stand designated by the chief of police, except while actively assisting passengers to load or unload.

L. Excessive Charges. No charge shall be made by any operator or owner of a taxicab or in excess of the rates approved by the city and posted in the passenger compartment of the car.

M. Sanitary Condition. No taxicab shall be operated unless the passenger compartment is kept clean, free of debris, and in sanitary condition.

N. Fire Extinguisher. Every taxicab shall be equipped at all times with a standard type of fire extinguisher in good working condition.

O. Baggage; Canceling Calls. Persons served with a taxicab hereunder shall be entitled to have such valises or small hand baggage as can be conveniently carried when the vehicle is loaded, conveyed and unloaded without charge. Persons canceling service for taxicabs or for-hire cars after the meter or flag drop has been activated may be charged the same rate as if the taxicab was in service, up to the amount of time the passenger communicated the cancellation of the service to the driver.

P. Refusal to Carry Passengers. It is unlawful for any driver operating under a permit issued pursuant to the terms of this chapter to refuse when the vehicle is in service and not otherwise engaged to transport any passengers who present themselves for carriage in a sober and orderly manner and for a lawful purpose.

Q. Trip Record. The driver or the dispatcher shall maintain a current log of all pick-ups and drop- offs, listing times and dates, fares, number of passengers per trips, start and stop locations and mileage.

R. Maximum Driving Hours. The driver shall not be in service or operate a taxicab in excess of sixteen (16) hours in any twenty-four (24)-hour period.

S. No Smoking. There shall be no smoking of tobacco or any other combustible material by the driver or any passenger inside the taxicab while the taxicab is in service.

(Ord. 344 § 20, 2005)

A. No person shall drive a taxicab in the city without a valid taxi driver permit. The prospective driver shall submit a written application to the chief of police, or his or her designee. No permit shall be issued:

1. To any person under the age of twenty-one (21) years;

2. The applicant has within ten (10) years preceding the date of the application been convicted of any of the following:

a. A violation of Penal Code Section 266(h), 266(i), 314, 315, 316 or 318, Penal Code Section 647(a) or (b), or that the applicant is required to register under the provisions of Penal Code Section 290, or when the prosecution accepted a plea of guilty or nob contendere to a charge of a violation of California Penal Code Section 415 or any lesser included or lesser related offense in satisfaction of, or as a substitute for, any of the previously listed crimes;

b. A violation of Health and Safety Code Section 11550 or any offense involving the illegal sale, distribution or possession of a controlled substance specified in Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058;

c. Any offense in any other state which is the equivalent of any of the above-mentioned offenses;

d. To any person who has, within a period of ten (10) years immediately preceding such application, been convicted of a felony or any crime of violence, theft or fraud;

e. Any person who, within a period of five (5) years immediately preceding such application, has been convicted of reckless driving or driving a vehicle while under the influence of intoxicating liquors or drugs, or convicted of the violation of any of the provisions of the Alcoholic Beverage Control Act of the state;

f. To any person who is for any reason whatsoever unable or incompetent to safely demonstrate the skill and ability to safely handle a vehicle in driving it through the crowded sections of the city while accompanied by an inspector designated by the chief of police, or his or her designee, This condition may be required or waived at the sole discretion of the chief of police, or his or her designee, depending on the need and traffic conditions within the city as determined by the chief of police, or his or her designee;

g. To any person who cannot demonstrate proof of legal residency and/or the ability to legally work or operate a business in the United States;

h. To any person who does not hold a Class C or better license issued by the motor vehicle department of the state, or who is not sufficiently acquainted with the laws or ordinances regulating the operation of motor vehicles.

Any falsification on the application for the permit will be grounds for the refusal of the permit. The application shall also be signed by the taxicab business permit holder and shall indicate where the driver will operate and whether the driver is an employee or not.

B. Photograph and Fingerprints. Before a driver's permit is granted to any applicant, the applicant shall present himself or herself to the police department, furnish an acceptable photograph (or be photographed by police staff) and be fingerprinted, and such photographs and fingerprints shall be filed with the permanent records of the police department.

C. Posting—Taxi Driver's Permit. Upon obtaining the permit the driver shall at all times keep posted in full view of the passenger in the vehicle operated by him or her the driver's permit, which shall have plainly printed thereon the name of the driver, his or her business address and telephone number, his or her permit number and his or her photograph, and the name and address of the taxicab business permit holder.

D. Duration—Renewal. All taxi driver permits to drive a taxicab shall expire two years from the date of issue. Applications for renewal shall be made within thirty (30) days before the date of expiration of the permit. When renewal is made within the period prescribed, such renewal shall be accompanied by a fee as established by resolution of the city council. Permits are property of the city and are not transferable.

(Ord. 344 § 21, 2005)

If the chief of police finds that the applicant is duly qualified, in compliance with the provisions of this chapter and there are no grounds for denial, the chief of police, or his or her designee, shall issue a taxicab driver's permit to the applicant upon payment of all required fees. The permit shall be valid for a period of twenty-four (24) months from the date of issuance unless suspended or revoked for cause. Any applicant denied permit shall be given written notice of the reason(s) for the denial. Permits shall remain the property of the city and are not transferable to any other person or driver. A permit shall be surrendered to the chief of police, or his or her designee, by the driver, upon such driver ceasing to engage in the activity of a taxicab driver.

Taxicab driver's permits shall be denied or revoked on the following grounds:

A. The person does not possess a valid Class C driver's license issued by the State of California.

B. The person is less than twenty-one (21) years of age.

C. The person cannot demonstrate proof of legal residency and/or the ability to legally work in the United States.

D. The person is required to register pursuant to Section 290 of the California Penal Code.

E. The person is not of good moral character as evidenced by a conviction of a crime involving moral turpitude, theft, fraud, soliciting for prostitution, the sale or use of narcotics or dangerous drugs; unless a period of not less than ten (10) years has elapsed since the date of conviction or the date of release from confinement for such offense, or completion of probation or parole, whichever is later.

F. The person has been convicted within the preceding five (5) years for driving a vehicle while under the influence of liquor or drugs, or driving recklessly.

G. Repeated and persistent violations of the traffic laws of the city, county or state.

H. Driving any taxicab the driver knew, or should have known, was not in safe operating condition and/or in good repair.

I. False statements) made on any application submitted under this chapter or to the background investigator.

J. Operating a taxicab recklessly, unsafely, or while under the influence of alcoholic beverages or drugs.

K. Violation of any of the provisions of this chapter.

L. The chief of police may revoke or suspend any such driver's permit so issued for any violation of the provisions of this chapter by the holder of such permit or for the existence of any state of facts which would have been a good reason for denying such permit when applied for, whether such state of facts existed at the time application was made for such permit or came into existence thereafter.

M. In the event of a refusal of permit, revocation or suspension of any driver's permit by the chief of police, the applicant or permittee may appeal from the decision to the city council. The city council, at its discretion, may appoint an independent hearing officer, which may in its discretion affirm, reverse or modify the rule made by the chief of police.

(Ord. 344 § 22, 2005)

A. It shall be the responsibility of the holder of the taxicab driver's permit to maintain in good working order, at all times during the operation of a taxicab, a two-way voice communication device or cellular phone in the taxicab at all times during operation of the taxicab.

B. Upon request, a passenger shall be given the name and direct contact telephone number of the on-duty taxi service supervisor, dispatch center, taxi office, or management personnel of the taxicab business permit holder in an effort to provide immediate access to resolve disputes, complaints or concerns by the passenger.

(Ord. 344 § 23, 2005)

All owners and operators of pedicabs must comply with all of the provisions set forth in obtaining a taxicab business permit under Sections 10.60.030 through 10.60.070, inclusive. The operators of pedicabs shall be exempted from obtaining a taxicab permit.

(Ord. 344 § 24, 2005)

A. A taxicab business permit, taxicab permit and driver's permit, are issued at the sole discretion of the chief of police to a specific applicant. A permit has no monetary value and shall not be transferred, sold or bartered. The rights and responsibilities of the permit holder remain with the permit holder at all times while the permit is current and valid.

B. Every taxicab business permit holder shall report immediately to the police department any and all changes of ownership or management of the taxicab business, including, but not limited to, changes of person(s) principally in charge, stockholders holding more than five percent (5%) of the stock of the corporation, officers, directors and partners in any and all changes of name, style or designation under which the business is to be conducted and all changes of address or telephone numbers of the taxicab business. Such changes are subject to the approval of the chief of police.

C. Failure of any permit holder to comply with any provisions of this chapter or the renewal of the permit, or in the event the permit holder ceases to operate/utilize the permitted business, driver or vehicle, shall cause the issued permit to be null and void.

(Ord. 344 § 25, 2005)

Any person denied a permit pursuant to this chapter may appeal, in writing, to the city council, stating reason(s) why the permit should be granted. The city council may grant or deny the permit. Any appeal must be made within ten (10) days of the mailing of notice of the denial of a permit. The city council may hear appeals directly, or in its sole discretion, may appoint a hearing officer to hear any appeal and make a decision. Once the hearing officer has made a decision, the appellant may appeal the hearing officer's decision, in writing, within ten (10) days of notification of the decision. The city council, at its discretion, may deny the appeal and allow the hearing officer's decision to stand. The decision of the city council on any appeal shall be final.

(Ord. 344 § 26, 2005)

This chapter shall be enforced by any peace officer or code enforcement officer of the Murrieta police department, including the inspection of the business premises or records, whether it is in the city limits or not, and any permitted vehicle under this chapter.

(Ord. 344 § 27, 2005)

Any taxicab service or taxicab driver performing service on the effective date of the ordinance(s) codified in this chapter shall have one hundred eighty (180) days from the effective date of said ordinance(s) to qualify for and obtain all licenses and permits required under this chapter.

(Ord. 344 § 28, 2005)

A. It is unlawful for any person to violate any provision of this chapter. Any person violating any provision of this chapter shall be deemed guilty of an infraction as hereinafter specified. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted.

B. Any person so convicted shall be: (1) guilty of an infraction offense and punished by a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding two hundred dollars ($200.00) for a second violation. The third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or six (6) months in jail, or both.

C. Payment of any penalty herein shall not relieve a person from the responsibility for correcting the violation.

D. Any and all provisions of this section are subject to the violator being released on a citation as listed under “no business license” section of the Murrieta Municipal Code.

E. Compliance with this code is the responsibility of the taxicab business permit holder, unless the subsection specifically describes the violation as the responsibility of the “driver”, the “person driving” or similar language.

(Ord. 344 § 29, 2005)