Newark Municipal Code Ch. 5.32 Public Transportation Vehicles

For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used in this chapter are defined as follows:

A. "Ambulance" means any privately owned vehicle equipped or used for transporting the wounded, injured or sick.

B. "Driver" means any person in direct and immediate possession or charge of driving or operating any public transportation "drive-yourself vehicle."

C. "Drive-yourself vehicle" means any automobile or motor-propelled vehicle offered to the public for hire for the transportation of passengers over the public streets of the city and without a driver being supplied therewith.

D. "Limousine" means any vehicle without exterior lettering used in the transportation of passengers on a contractual basis.

E. "Motorcycle escort service" means the furnishing of a motorcycle and rider to lead or escort any funeral cortege or other procession for compensation or hire. Whenever the word "driver" is used in this chapter relative to public transportation vehicles, it also refers to a rider of a motorcycle in such escort service.

F. "Owner" means any person having proprietary control of or right to proprietary control of any public transportation vehicle, as defined in this chapter.

G. "Public transportation vehicle" means any ambulance, bus, drive-yourself vehicle, taxicab, vehicle used in a motorcycle escort service, limousine and every automobile or motor-propelled vehicle not otherwise defined in this section used in the business of transporting passengers over streets of the city, irrespective of whether such operations extend beyond the city and for which a fee, compensation or consideration is paid for such transportation; provided, however, that the term "public transportation vehicle" does not apply to any vehicle operated by any governmental agency, nor to any vehicle operated on a private basis in connection with agricultural operations.

H. "Taxicab" means any automobile or motor-propelled vehicle with maximum seating capacity of not more than eight persons, and used for the transportation of passengers who direct the route to be traveled over the streets, and not over a defined route or upon a fixed schedule, for compensation in accordance with the distance traveled and/or the time elapsed and number of passengers carried as determined by a (taxi) meter device, or by a flat rate schedule, irrespective of whether the operations extend beyond the boundary lines of the city.

(Ord. 198 § 1 (part), 1984)

A. No person shall operate or cause to be operated in the city any public transportation vehicles unless there shall have been issued by the police chief or designee a certificate of compliance to the owner thereof and unless such certificate and permit shall be in full force and effect; provided, however, that no certificate and permit shall be required for any operations for which a certificate or permit has been issued by the public utilities commission of the state or by the interstate commerce commission of the United States of America, or by another city.

B. Any public transportation vehicle may, however, transport a passenger or passengers from a point outside to a destination within the city or may proceed through the city while enroute to a destination outside of the city without the issuance of a certificate or permit, and such operations shall not of themselves constitute engaging in business in the city within the meaning of this chapter.

C. Except for those owners regularly providing service in the city, no certificate and permit shall be required of any ambulance in the city responding to an emergency call made by the police department or providing service at the scene of a disaster.

(Ord. 198 § 1 (part), 1984)

Any person upon payment of the application fee established by resolution of the city council may apply to the city for a certificate of compliance and permit to operate any public transportation vehicle by filing with the police chief or designee, in such form as may be prescribed, an application containing the following information:

A. Application Information.

1. The name, residence and business address of the applicant, if a natural person; if a firm, association or partnership, the name and address thereof and the names and addresses of any persons owning more than twenty percent of the voting stock of the corporation,

2. Nature of business and the fictitious name, if any, under which the business is proposed to be operated,

3. All previous experience in the operation of the type of vehicle for which a permit is requested,

4. The period for which the permit is requested,

5. Number of vehicles proposed to be operated, and their make, model and age,

6. The color scheme, name, monogram or insignia to appear on the vehicles,

7. The location and description of the place or places from which it is intended to operate the business for which a permit is requested,

8. A statement as to whether or not the applicant or any officers of the applicant have been convicted of any crime, misdemeanor or violation of any municipal ordinance or state law (other than minor traffic and parking offenses), the nature of the offense and the punishment or penalty assessed therefor,

9. Such other information as the police chief or designee may deem necessary in all applications or in individual applications, for the proper protection of the city;

B. Certificate Information.

1. If for a taxicab business, the number and locations of taxicab stands applicant proposes to use and the type, design and manufacturer's brand name of (taxi) meter device proposed to be used,

2. If for a bus business, the areas, routes and locations proposed to be served,

3. If for an ambulance business, the type of vehicle(s) and the equipment, apparatus and supplies in connection therewith which applicant proposes to use,

4. A statement of the contracts, if any, under which applicant expects to render services to public or private agencies; and if for an ambulance business, a statement that applicant agrees to execute and faithfully perform the currently prevailing standard contract by which the city engages private ambulance services for members of the public needing such services on an emergency basis.

(Ord. 198 § 1 (part), 1984)

A. Upon the filing of an application for a certificate of compliance an investigation will be made, of the application and the proposed operation, and may require the applicant or person named in the application to be fingerprinted and photographed when such action is necessary to complete the investigation.

B. Upon completion of such investigation the person conducting the investigation shall make a recommendation for or against the issuance of the certificate and permit applied for. The person conducting the investigation shall recommend the issuance of the certificate and permit unless he shall find as a result of his investigation that:

1. The applicant or any person mentioned in the application is not a person of good moral character;

2. Any vehicle proposed to be operated is inadequate or insufficient for the purpose intended or is insufficiently equipped with reasonable safety devices;

3. The granting of such certificate would be in violation of any law or would endanger the public health, peace, morals or safety;

4. Applicant has been unable to obtain insurance coverage equal to the requirements established by city resolution.

(Ord. 198 § 1 (part), 1984)

A. Upon completing his investigation, the police chief or designee shall grant the applicant a certificate of compliance if he finds the applicant is fit, willing and able to perform such public transportation and to conform to the provisions of this chapter and all other applicable laws and regulations. In making such findings, consideration shall be given to the character, experience and responsibility of the applicant. Otherwise, the application shall be denied.

B. Every person holding a valid permit to engage in a public transportation vehicle business in the city for which is required a certificate of public necessity and convenience, and owner's permit had been required prior to the effective date of the ordinance codified in this chapter shall be deemed to be providing such service in the city as required by the public necessity and convenience, and shall also be presumed to be fit, willing and able to perform such public transportation and to conform to the provisions of this chapter and other applicable laws and regulations, and a certificate of compliance shall be granted by the police chief or designee to such person without application therefor.

C. Upon granting and issuance of a certificate of compliance, the original thereof shall be filed in the office of the city clerk and a copy thereof shall be issued to the applicant.

D. No certificate of compliance shall be assigned without the prior approval of the police chief or designee. Any certificate assigned without the prior approval of the police chief or designee shall be null and void.

(Ord. 198 § 2 (part), 1984)

A. The police chief or designee, after five days' notice of hearing to the holder of a certificate of compliance dispatched by certified mail to the certificate holder's address as officially listed in the original certificate on file or in any subsequent notice of change of address given by the certificate holder, and after hearing, may revoke or suspend any such certificate and permit if it is found by the police chief that any of the following causes exist:

1. Certificate holder has failed to comply with any provision of this chapter, any rules and regulations promulgated thereunder, or any law of the state in connection with operations under such certificate and permit.

2. Certificate holder's drivers have been guilty of repeated violations of any provision of this chapter, any rules and regulations promulgated thereunder, of any law of the state in connection with operations under such certificate.

3. Certificate holder's vehicle or anyone thereof have or has been operated in repeated violation of traffic laws.

4. Applicant has failed to make use of a certificate within ninety days from the date of issuance thereof.

5. Certificate holder has ceased or abandoned operations under a certificate for an unusual or unreasonable period of time and the public has suffered detriment thereby, except in case such a cessation of operations is the result of labor strike or public or national emergency, or other cause beyond the control of the certificate holder; provided, that insolvency or financial inability to continue operations shall not be deemed a cause beyond certificate and permit holder's control. Cessation or abandonment of operations for a continuous period of seven days shall prima facie be presumed a completed cessation and abandonment to the public detriment, but this presumption may be rebutted by certificate holder at the hearing.

6. Any of the certificate holder's vehicles has been operated or driven in substantial detriment to the best interest of the general public; that the certificate holder's conduct indicates that he is not a fit and proper person to hold such certificate, or that the public peace, health, safety, morals, or general welfare require revocation or suspension of any certificate.

7. There has been a substantial and serious failure on the part of the certificate holder or his employees or agents, to faithfully perform any duty or duties prescribed by the terms of any contract certificate holder has with the city for performing of ambulance services, or prescribed by duly promulgated, effective and applicable administrative regulations.

8. The existence of any state of facts which would have been good reason to deny such certificate when applied for, regardless of when such state of facts arise.

9. Certificate holder has been charging rates which are unreasonable when compared with the average rates charged for like service elsewhere throughout the county, or certificate holder has failed to keep a correct schedule of rates on file with the police chief.

B. No refund of prepaid fees shall be made upon revocation or suspension of any such certificate.

(Ord. 198 § 2 (part), 1984)

Each person engaging in the taxicab business in the city shall at all times keep on file with the police chief an up-to-date schedule of rates charged for the services provided to the public, and no person shall demand or charge any rate for such services which does not conform to the schedule of rates currently on file. Such rates shall not be increased in any manner without first filing such increase with the police chief fifteen days prior to the effective date of such increase.

(Ord. 198 § 2 (part), 1984)

No person shall drive upon the streets of the city any public transportation vehicle, for which a certificate of compliance is required and issued by the city, except a drive-yourself vehicle or a vehicle which carries no members of the public as passengers, such as a motorcycle escort service vehicle, and no owner of such vehicle shall permit it to be so driven unless the driver of such vehicle first obtains and has then in force a driver's permit issued under the provisions of this chapter. The police chief, however, may waive and grant exceptions to this requirement in the case of a driver who has a current similar driver's permit issued by another governmental agency following substantially the same procedure as this city in the issuance of such permits. The granting of any such waiver or exception shall be at the discretion of the police chief and such waiver or exception may at the time be withdrawn by the police chief notice to the driver involved and to his employer, if applicable, and thereafter such driver will be required to obtain a driver's permit from the police chief before driving any vehicle as aforesaid within the city. The police chief may grant such waivers and exceptions to an individual driver or to all drivers of an owner on a collective basis or on a collective basis with specified drivers excluded from such waiver and exception. Whenever any such waiver or exception is granted the police chief shall issue written evidence of same to the driver or to the owner as appropriate. Where such written evidence is issued on an individual basis, no driver to whom the same has been issued shall fail, refuse or neglect to have the same in possession at all times when operating a vehicle as aforesaid within the city.

(Ord. 198 § 2 (part), 1984)

Any person, upon payment of a fee as established by resolution of the city council, may apply for a permit to operate a public transportation vehicle by filing with the police chief, in such form as may be prescribed by the police chief, an application containing the following information:

A. Name, address and age of applicant;

B. Convictions, if any, in the courts of any state of the United States or in any United States court;

C. The endorsement of the owner, if any, by whom he is to be employed as a driver;

D. Number, class and expiration date of driver's license;

E. Such other information regarding the health, character, and experience of the applicant as may be necessary or desirable to enable the police chief to ascertain applicant's qualifications for a driver's permit.

(Ord. 198 § 2 (part), 1984)

A. Upon receipt of the application, the police chief shall conduct an investigation of each applicant for a driver's permit and, on the basis of the report of this investigation by the police chief, he shall approve or reject the application. Before it is approved the driver, whether the owner or otherwise, must evidence a proficient knowledge of the provisions of this chapter and the traffic laws of the city, demonstrate his ability to operate a public transportation vehicle all to the satisfaction of the police chief. Upon satisfying the foregoing requirements, such driver shall be fingerprinted and his record filed in the police department. Such driver shall also file with his application, two recent photographs (size: three-inch by four-inch), one to be filed with his application and one to be permanently attached to his driver's permit when issued, which permit shall be in driver's possession at all times when operating a public transportation vehicle within the city.

B. Mandatory Denial. The city shall deny a permit for any of the listed causes when the applicant:

1. Has been convicted of any of the following offenses in the previous three years or any two of the following offenses in the previous five years. Code sections cited are those appearing in the 1998 editions of the California Vehicle Code and the California Penal Code. Should any section referenced have had a different number in the past five years or should it be renumbered in the future, such section shall be applicable:

a. Manslaughter resulting from the operation of a motor vehicle (Vehicle Code Section 13350(3); Penal Code, Section 192.),

b. Hit-run, injury or death, immediate report of fatality (Vehicle Code Section 20001),

c. Hit-run, property damage, including vehicles (Vehicle Code Section 20002a),

d. Hit-run property damage, by runaway vehicle (Vehicle Code Section 20002b),

e. Intoxicated driver, causing injury to other than self on highway (Vehicle Code Section 23153a),

f. Driving under influence causing injury on other than highway (Vehicle Code Section 23153a),

g. Under influence of alcohol (or combined with drug), driving on highway (Vehicle Code Section 23152a),

h. Under influence of alcohol (or combined with drug), driving on other than highway (Vehicle Code Section 23152a),

i. Reckless driving, no injury (Vehicle Code Section 23152a),

j. Reckless driving, causing injury (Vehicle Code Section 23152a),

k. Drugs, driving under influence (Vehicle Code Section 23152),

l. Driving under influence of drugs on other than highway (Vehicle Code Section 23152a),

m. Drugs, driving while addicted to (Vehicle Code Section 23152c),

n. Drugs, driving under influence of alcohol or drugs causing injury (Vehicle Code Section 23153);

2. Has had his/her driving privilege suspended, revoked or placed on probation by DMV for a cause involving the safe operation of a motor vehicle;

3. Has failed to obtain a medical examiner's certificate, DL51A (applies to class II license only).

C. Discretionary Denial. The city may deny a permit for any of the listed causes when the applicant has:

1. F.T.A. (failure to appeal);

2. Three or more moving violations in the previous two years;

3. Five or more moving violations in the previous three years;

4. More than one chargeable accident in the previous two years, or more than two chargeable accidents in the previous three years (conviction date will show if chargeable);

5. Conviction of any offense, punishable as a felony, within seven years preceding application date;

6. Has committed any act involving moral turpitude (conduct contrary to justice, honesty, modesty, or good morals);

7. Any person not possessing a valid state driver's license of a class entitling him to operate the vehicle or vehicles for which the driver's permit is sought;

8. Has knowingly made a false statement or knowingly concealed a material fact in the permit application.

D. Any prohibition limiting the issuance of a driver's permit as contained in subsections B and C of this section may be waived by the police chief in any case where, in his sound discretion, he deems the application of such prohibition to be unreasonable under the circumstances, and unnecessary in order to carry out the purpose of this chapter.

(Ord. 351 § 1, 1999: Ord. 198 § 2 (part), 1984)

A. After filing the written application for a driver's permit under Section 5.32.100, the applicant may receive temporary approval to operate a public transportation vehicle, not to exceed ninety days. The issuance of such temporary approval shall be within the discretion of the police chief and shall not be issued unless the applicant has satisfactorily completed the permit application and has a satisfactory driving history, as provided by the Department of Motor Vehicles. It is unlawful for any person to operate a vehicle in the city after the expiration date of the temporary permit approval unless such person has been issued a regular driver's permit.

B. If, upon investigation report by the police chief, he ascertains the applicant for a driver's permit does not qualify under Section 5.32.100, he shall forthwith revoke such temporary permit, and it shall be unlawful thereafter for such applicant to operate a public transportation vehicle in the city.

(Ord. 198 § 2 (part), 1984)

A. The police chief may revoke any driver's permit issued by him, or the permission for any driver to operate upon the streets of the city any public transportation vehicle, wherein the police chief finds that facts or circumstances exist where it is necessary that such denial or revocation take place for the immediate preservation of the public safety, peace, morals or health.

B. Any such denial or revocation shall be effective as to driver upon his receiving written or oral notification of the same, but in any case the police chief shall within twenty-four hours of such revocation cause a written statement to be prepared setting forth the facts or circumstances as found, requiring revocation as stated in this section, and one copy thereof shall be served or mailed to the affected driver and to his employer, if any, at the last known address of said parties, and one copy shall be kept on file in the office of the police chief.

C. The driver or his employer shall have the right thereafter to request a hearing before the police chief as to such revocation and to present evidence and arguments showing cause why the revoked driver's permit should be reinstated.

D. After any such hearing the chief of police may affirm, modify or reverse the revocation previously ordered by him.

E. The driver or employer shall, however, whether or not such hearing before the police chief has been demanded or held, have the right to a hearing before the city manager and shall have the right to an appeal to the city council, within the time and in accordance with the provisions prescribed within this chapter.

(Ord. 198 § 2 (part), 1984)

No driver shall operate any public transportation vehicle within the city without having displayed in the manner prescribed by Section 5.32.110 of this chapter, a valid and current driver's permit issued pursuant to this chapter or in case of waiver of city's driver's permit by the police chief pursuant to Section 5.32.090, the driver's permit from another governmental agency, upon which such waiver was based.

(Ord. 198 § 2 (part), 1984)

No driver of any taxicab shall, in connection with any trip originating or reaching its destination in the city, charge, collect, demand, receive or arrange for any rate for such trip in excess of the amount authorized in accordance with the schedule of rates as posted pursuant to Section 5.32.080 above, and in accordance with the rate schedule on file with the police chief pursuant to Section 5.32.080.

(Ord. 198 § 2 (part), 1984)

The (taxi) meter of every taxicab used to determine the compensation to be charged on the basis of distance traveled and/or the time elapsed and the number of passengers carried, shall be of a type and design known to be mechanically accurate and efficient, not easily capable of being intentionally or unintentionally maladjusted and containing illuminable letters and numerals indicating in a convenient and easily visible manner to all passengers the compensation to be paid for the hiring of the taxicab, and a flag which operates to indicate to outside vehicular inspection whether or not the taxicab is employed in the transportation of passengers.

(Ord. 198 § 2 (part), 1984)

Any person engaging a taxicab shall have the exclusive right to the full use of the rear seat of the taxicab and of the passenger portion of the front seat. While so engaged, no owner or driver of a taxicab shall solicit or carry additional passengers without obtaining the consent of the person first engaging such vehicle.

(Ord. 198 § 2 (part), 1984)

No driver of any public transportation vehicle shall accept, take into his vehicle or transport any larger number of passengers than the capacity of his vehicle.

(Ord. 198 § 2 (part), 1984)

Any driver of any public transportation vehicle employed to carry passengers directly to a definite point shall take the most direct route possible that will carry the passengers safely, lawfully and expeditiously to their destination.

(Ord. 198 § 2 (part), 1984)

Every driver of any public transportation vehicle shall, if requested, give a correct receipt upon receiving full payment for the correct fare or for the service rendered, and no driver shall fail or refuse to do so.

(Ord. 198 § 2 (part), 1984)

No owner, driver or agent soliciting patronage for any public transportation vehicle shall misrepresent by word, sign, hatband, insignia, badge or by any other means or device, the true identity for which patronage is sought.

(Ord. 198 § 2 (part), 1984)

No person shall refuse to pay the legal fare of any taxicab or other public transportation vehicle after having hired the same, and no person shall hire any such vehicle with the intent to defraud the person from whom it is hired.

(Ord. 198 § 2 (part), 1984)

It is unlawful for the owner or operator of any taxicab licensed to operate in the city to fail or refuse, or to permit the failure or refusal, to transport to his announced destination within the city at rates as posted pursuant to this chapter, any person who presents himself for carriage in a sober and orderly manner and for a lawful purpose.

(Ord. 198 § 2 (part), 1984)

The safety features and equipment of all public transportation vehicles operated pursuant to permit issued under the provisions of this chapter shall be at all times subject to the inspection of any police officer.

(Ord. 198 § 2 (part), 1984)

A. Issuance of Permits. Permits may be issued by the police chief to the owners of public transportation vehicles allowing any such vehicles while awaiting employment to stand at certain designated places upon the streets of the city; providing, however, that no such permit shall be granted except upon the written application of the person desiring such stand, stating the number and kind of vehicle for which the permit is sought, and the proposed location of such stand; provided, that such application shall also be accompanied by such other information as the police chief may deem necessary.

B. May be Exclusive or Common. The police chief may, in his sound discretion assign any stand established pursuant to subsection A of this section, to one owner for his exclusive use, or may designate any such stand for joint use by two or more owners, as the police chief may deem appropriate under the circumstances.

C. Near Transportation Stations and Hotel. Stands adequate in size to accommodate the number of vehicles which will answer the needs of the traveling public may be established upon the public street near the stations of all interurban and bus transportation systems and all hotels.

D. Limitations on Number. Not more than two permits shall be issued to vehicles to stand on the same side of the street in any one block and, except as provided in subsection C of this section, not more than two vehicles shall be allowed to any one stand; provided, however, that no permit shall be issued for any stand to be located within fifty feet of another such stand on the same side of the street.

E. Parking Limit at Places Other than Stands. No owner or driver of any of the vehicles defined in this chapter shall stand or cause or permit such vehicles to stand while awaiting employment at any stand other than a stand designated by the police chief and assigned to the owner of such vehicle, or at any other place for a longer time than forty-five minutes.

F. Limitation on Leaving Vehicle Unattended. No owner or driver of any of the vehicles defined in this chapter shall leave such vehicle unattended in a stand for a period of time longer than thirty minutes, between the hours of six a.m. and eight p.m.

G. Use. All stands may be occupied for the full period of twenty-four hours; provided, however, that nothing contained in this chapter shall authorize the establishing of a stand at any place in the city where the standing of vehicles is prohibited by law; provided, also that no public transportation vehicle shall be permitted to occupy a stand in any district of the city during "no parking hours" applicable to such district.

H. Revocation of Permits. Any stands designated by the police chief as provided in this chapter or the permission of any owner to use any such stand, may be revoked at the discretion of the police chief. No owner or driver shall occupy any such stand in violation of such revocation order after appropriate notice thereof has been given.

(Ord. 198 § 2 (part), 1984)

Any person aggrieved by any act or failure to act on the part of the police chief either in issuing, failing to issue, or revoking any permit provided for under the provisions of this chapter, may file with the police chief, a statement addressed to the city council, setting forth the full facts and circumstances in connection with the action or failure of action on the part of the police chief. Such appeal must be filed within ten days after commission of the act by which appellant claims to have been aggrieved. The city council at its next regular meeting held not less than ten days from the date on which such appeal is filed, shall hear the appellant and his witnesses and determine the merits of the appeal and the ruling of the city council thereon shall be final.

(Ord. 198 § 2 (part), 1984)