Chapter 2 — TAXICABS

For the purposes of this chapter, the following terms shall be deemed and construed to have the meanings respectively ascribed to them in this section, unless from the particular context it clearly appears that some other meaning is intended:

"Automobile for hire" shall mean and include every motor vehicle of private appearance not equipped with a taximeter and which is operated and hired from a public or private garage or stand or other location, and the destination and route of which are under the control of the passengers being carried therein, for a compensation which is fixed in accordance with the distance traveled, waiting time, or both, and shall include motor vehicles coming within the above definition whether or not intended to be hired or which are hired for operation by a person other than the owner thereof or his agent or employee;

"Driver" shall mean and include every person in actual charge and control of any taxicab or automobile for hire as the driver thereof;

"Owner" shall mean and include every person owning or controlling any taxicab or automobile for hire;

"Stand" shall mean and include a portion of the street designated by the Council for the sole use of taxicabs and automobiles for hire while waiting for employment;

"Substantially located within the City of Ojai" means any taxicab or automobile for hire business, owner, or operator with a principal business address located within the City of Ojai or for whom the largest share of trips within Ventura County have been located within the City of Ojai in the year before each year's permit application;

"Taxicab" shall mean and include every motor vehicle of a distinct color or commercial appearance used in the business of carrying passengers for hire, and which is rented from a public or private garage or any fixed stand or location, and the destination and route of which are under the control of the passenger being carried therein;

"Taximeter" shall mean and include a mechanical instrument or device by which the charge for hire of a passenger carrying vehicle is mechanically calculated, either for distance traveled or for waiting time, or both, and upon which such charge is indicated by mean of figures. (§ 1, Ord. 117, as amended by § 1, Ord. 890, eff. March 25, 2019)

It is unlawful for any person to operate or cause to be operated at any point in the City any taxicab or automobile for hire substantially located within the City of Ojai unless there shall have been issued an owner's permit to the owner and unless each such permit be in full force and effect. Owners of taxicabs or automobiles for hire substantially located within the City of Ojai shall also procure a business license certificate under Chapter 1 of Title 6 of the Ojai Municipal Code.

(§ 2, Ord. 117, as amended by § 2, Ord. 890, eff. March 25, 2019)

Any owner desiring to obtain the permit required by Section 4-2.02 hereof shall make application

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City of Ojai, CA

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-2.03

§ 4-2.05

therefor to the Council. The application shall be verified under oath and shall set forth:

• (a) The name, age, business address, residence, and citizenship of the applicant if a natural person; or if a corporation, its name, date and place of incorporation, address of its principal place of business, and the names of its principal officers, together with their respective addresses; or if a partnership, association, or unincorporated company, the names of the partners, or the persons comprising the association of company, with the place of business and residence of each such partner or person; and

• (b) The street number and exact location of the public or private garage from which each such vehicle is to be operated; and

• (c) The principal business address of the owner; and

• (d) Proof of commercial general liability insurance and automobile insurance in amounts as required by law or the City Manager; and

• (e) Such further information as the Council, or such official of the City to whom the application may be referred, may require.

• (§ 3, Ord. 117, as amended by § 3, Ord. 890, eff. March 25, 2019)

If the application referred to in Section 4-2.03 of this chapter is for a permit to operate taxicabs, it shall also set forth:

• (a) The street number and exact location of the place where the applicant proposes to stand each taxicab;

• (b) If any proposed stand is in the public street, such application shall be accompanied by a written consent thereto of all the occupants of the ground floor of any building in front of which such taxicab or automobile for hire stand is to be located or, if there is no such occupant, by the written consent thereto of the owner or lessee of such building or premises. No permit shall be issued for any stand to be located within 100 feet of another stand on the same side of the street;

• (c) The color scheme, name, monogram, or insignia which the applicant proposes to use; and

• (d) That each of the applicant's taxicabs, at the election of the Council, shall be equipped with a taximeter which will correctly compute and indicate the amount charged, the distance traveled, and/or the time elapsed, and such taximeter shall be affixed to the taxicab in such a manner that the reading dial showing the amount to be and being charged shall be readily discernible from the passenger compartment during all times such taximeter is operating.

• (§ 4, Ord. 117, as amended by § 1, Ord. 469, eff. March 29, 1973, and § 1, Ord. 588, eff. December 25, 1980)

Upon the receipt of any application referred to in Sections 4-2.03 and 4-2.04 of this chapter, the City Clerk shall set a time, not less than 10 days nor more than 30 days thereafter, for the hearing of such application before the Council and shall give notice of the time so set at least seven days before the date of such hearing to the applicant by mail at the address set forth in such application and by mail to all other permit holders.

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City of Ojai, CA § 4-2.05

OJAI CODE

§ 4-2.09

(§ 5, Ord. 117)

At the time set for the hearing of the application referred to in Sections 4-2.03 and 4-2.04 of this chapter, the Mayor and Council may examine the applicant and all persons interested in the matter set forth in the application and shall determine whether or not the public interest, convenience and necessity require the issuance of the permit applied for, and if it is found by the Council that the public interest, convenience, and necessity require the issuance of the permit applied for, it shall order, by resolution, the City to issue a permit, subject to the filing and approval of an undertaking as hereinafter provided in Section 4-2.18. The following reasons shall be sufficient for denial of the permit:

• (a) That the application is not in the form and does not contain the information required to be contained therein by this chapter;

• (b) That the color scheme, name, monogram, or insignia to be used upon such automobile 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;

• (c) That the location of the stand, as therein stated, is such as to congest or interfere with travel on any public street, or that the proposed stand is within 100 feet of any other stand theretofore fixed by the Council on the same street;

• (d) That it shall appear to the Council that there are a sufficient number of taxicabs and automobiles for hire in the City to fully serve the public, and that the granting of more permits would unduly congest the traffic and interfere with the free use of the public streets by the public, and that the public interest, convenience, and necessity do not require the issuance of such permit;

• (e) That the persons, firms, or corporations holding permits for the operation of taxicabs or automobiles for hire, as defined in this chapter, are under efficient management, and are adequately serving the public under normal condition.; and

• (f) That the persons, firms, or corporations holding permits for the operation of taxicabs or automobiles for hire have demonstrated development of and compliance with a mandatory controlled substance and alcohol testing certification program meeting applicable Federal requirements.

• (§ 6, Ord. 117, as amended by § 4, Ord. 890, eff. March 25, 2019)

It is unlawful for any owner granted a permit hereunder to conduct any operation or give any service other than the service authorized by the permit granted by the Council in accordance with the provisions of this chapter or any service licensed or permitted under other applicable law. (§ 7, Ord. 117, as amended by § 4, Ord. 890, eff. March 25, 2019)

The Council shall have power to determine after hearing all issues relative to granting or denying owners' permits for taxicabs, automobiles for hire, or stands. (§ 8, Ord. 117)

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City of Ojai, CA

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-2.09

§ 4-2.12

The Council shall have the power to suspend or revoke any or all of the owner's permits granted under the provisions of this chapter when it shall have determined that any of the provisions hereof have been violated, or that any holder of such a permit shall have failed to comply with the terms of such permit or the rules and regulations of the Council pertaining to the operation of and to the extent, character, and quality of the service of any such vehicles. Before revocation of any such permit, the owner shall be entitled to a hearing thereon before the Council and shall be notified thereof.

Notice of hearing on such suspension or revocation shall be in writing, and shall be served at least 10 days prior to the date of the hearing thereon, such service to be upon the holder of such permit, or its manager or agent. Said notice shall state the grounds of complaint against the holder of the permit and shall also state the time when and the place where such hearing shall be held. In the event the holder of such permit cannot be found, or service of such notice cannot be made upon it or him in the manner herein provided, a copy of the notice shall be mailed, postage fully prepaid, addressed to the owner at his last known address at least 10 days prior to the date of the hearing.

(§ 9, Ord. 117)

The permits herein mentioned shall entitle the holder thereof to obtain a license to engage in the business described in such permit from the City upon payment of a license fee at the rate set by the City Council by resolution, which fees for taxicabs shall be payable semi-annually in advance. Upon receipt of payment, the City shall issue to the holder of such permit a license which shall set forth the kind of transportation for which the license is issued and the date of issuance and expiration date of the license. A penalty of 10% of the amount of the license tax, for taxicabs, or installment thereof, shall be added to all such license taxes not paid within 15 days after the due date thereof.

(§ 10, Ord. 117, as amended by § 5, Ord. 890, eff. March 25, 2019)

All persons required to secure an owner's permit and pay a City license fee pursuant to the provisions of this chapter shall post the license in a conspicuous place in their respective places of business. If any licensee shall not have a regular place of business, he or she shall carry the license in his automobile or taxicab or upon his or her person and exhibit the license to any City official upon demand. All persons licensed to operate a taxicab or automobile for hire in Ventura County by issuance of a permit from another jurisdiction within Ventura County, under Government Code Section 53075.5, shall carry such license in the automobile or taxicab or upon their person and exhibit the license to any City official upon demand. (§ 11, Ord. 117, as amended by § 6, Ord. 890, eff. March 25, 2019)

No person may operate a stand without a permit issued by the City Council, upon findings by the City Council that the: (1) proposed location of the stand will not congest or interfere with travel on any public street; (2) proposed stand is not within 100 feet of any other stand previously approved by the Council on the same street; and (3) approval of the proposed stand will not be injurious to the public's health, safety, or welfare. The Council shall designate, in any taxi stand

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City of Ojai, CA § 4-2.12

OJAI CODE

§ 4-2.16

permit granted by it, the exact location of the stand in which taxicabs may park. No such stand shall be wider than 20 feet on streets where parallel parking is required. Upon the granting of a stand permit pursuant to the provisions of this chapter, every stand as designated by the Council shall be designated by red paint or other red material upon the entire curb surface with the words, "Taxicabs Only," in white letters thereon. It shall be unlawful for any vehicle to occupy any regularly established taxicab stand unless such vehicle is one being operated by the owner to which such taxicab stand has been assigned.

(§ 12, Ord. 117, as amended by § 7, Ord. 890, eff. March 25, 2019)

An application fee in an amount set by the City Council by resolution shall be required to be paid for each application for a stand permit or change of location thereof for which a permit is applied. All such application fees shall accompany the application, on a form issued by the City Manager. All taxi stand permits granted pursuant to the provisions of this chapter shall be nontransferable. When any such permit is granted, the City License Tax Collector shall issue to the grantee thereof a certificate giving the name and address of the grantee, the nature of the permit, and the date when the permit was granted.

(§ 13, Ord. 117, as amended by § 8, Ord. 890, eff. March 25, 2019)

Taxicab service shall be available at all times during which service is required by telephone call, Internet-based communication, or wireless communication, by engagement of the taxicab when standing at a regularly assigned taxicab stand, or when properly hailed from the street or curb. It shall be unlawful for any carrier or driver of a taxicab to refuse or neglect to transport any orderly person upon request anywhere in the City when a taxicab of such carrier is standing in a regularly assigned taxicab stand, and such service shall be rendered immediately upon request. It is unlawful for any carrier or driver of a taxicab or driver or owner of an automobile for hire to prejudice, disadvantage, or require different rates or provide different service to a person because of race, national origin, religion, color, ancestry, physical disability, medical condition, occupation, marital status or change in marital status, sex, or any characteristic listed or defined in Section 11135 of the Government Code.

(§ 14, Ord. 117, as amended by § 2, Ord. 469, eff. March 29, 1973, and § 9, Ord. 890, eff. March 25, 2019)

The services of an automobile for hire operated pursuant to any permit granted pursuant to the provisions of this chapter shall be available only upon telephone call, Internet-based communication, or wireless communication, or upon engagement at the public or private garage from which such vehicle is operated, or at the permitted taxicab stand where the vehicle is parked. It is unlawful for any person to cruise, or cause or permit to be cruised, any automobile for hire. An automobile for hire shall be deemed to be cruising when it solicits or takes on any passenger other than in response to an order given at its garage or in response to a telephone call, Internet-based communication, or wireless communication requesting transportation. (§ 15, Ord. 117, as amended by § 10, Ord. 890, eff. March 25, 2019)

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City of Ojai, CA

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-2.16

§ 4-2.20

In the event any permit holder desires to change his or her schedule of rates and charges or the color scheme, name, monogram, or insignia used on his or her automobiles for hire or taxicabs, or to substitute any vehicle for and in place of the vehicle described in the application for a permit, or to increase or decrease the number of vehicles used by him as automobiles for hire or taxicabs, he or she shall make an application for permission to do so to the City, which permission shall be granted by the Council in its discretion if the Council deems the public interest, necessity, and convenience will be subserved by such change and if the permit holder has complied with all the provisions of this chapter.

(§ 16, Ord. 117, as amended by § 11, Ord. 890, eff. March 25, 2019)

Any motor vehicle for which a permit has been issued hereunder shall be operated by the owner, personally, or his employee, on his or her behalf, and it is unlawful for any owner or driver to enter into any contract, agreement, or understanding between themselves by the terms of which such driver pays to, or for the account of, such owner a fixed or determinable sum for the use of such vehicle.

(§ 17, Ord. 117)

It is unlawful for any owner or driver to drive or operate any taxicab or automobile for hire, or cause the same to be driven or operated unless there is on file with the City Clerk and in full force and effect at all times while such taxicab or automobile for hire is being operated a true copy of a policy of insurance, approved by the Council, in a solvent and responsible company insuring the owner of such taxicab, or automobile for hire (giving the manufacturer's motor number and serial number thereof), against loss by reason of injury or damage that may result to persons or property from the negligent operation or defective construction of such taxicab or automobile for hire, or from violation of this chapter or of the laws of the State. Said policy may be limited to $300,000 for the injury or death of one person, and $500,000 for the injury or death of two or more persons in the same accident, and to $100,000 for injury or destruction of property. The policy of insurance shall guarantee the payment to any and all persons suffering injury or damage to person or property, of any final judgment rendered against such owner, within the limits above mentioned, irrespective of the financial condition or any acts or omissions of such owner, and shall inure to the benefit of such persons. If, at any time, such policy of insurance shall be canceled by the company issuing the same, the Council shall require the owner to replace such policy with another policy or bond as above provided, satisfactory to the Council, and in default thereof may revoke such owner's permit and license.

(§ 18, Ord. 117, as amended by § 1, Ord. 669, eff. February 23, 1990)

It is unlawful for any person to drive or operate any taxicab other than one bearing the color scheme, name, monogram, or insignia set forth in the application for the permit as provided in this chapter. It is unlawful for any person to change the color scheme, name, monogram, or insignia without first having attained the consent of the Council. (§ 19, Ord. 117)

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City of Ojai, CA § 4-2.20

OJAI CODE

§ 4-2.24

Every person holding a permit issued under the terms of this chapter shall at all times be subject to the laws of the State and all laws of the City not in conflict with this chapter. (§ 20, Ord. 117)

The maximum rates of fare which may be charged the public by taxicab carriers and drivers shall be set by resolution of the Council.

(§ 23, Ord. 117, as amended by § 1, Ord. 588, eff. December 25, 1980, and by § 12, Ord. 890, eff. March 25, 2019)

Each taximeter shall be inspected and tested for accuracy by the carrier at least once every six months. Upon the completion of such inspection and of any adjustment necessary to cause such taximeter to operate within the standards of accuracy approved by the City Manager, the carder shall cause to be placed upon such taximeter a gummed label having printed thereon: "This taximeter was inspected and tested on (date) and found to comply with the standards of accuracy prescribed by the manager of the City of Ojai." The date on which such inspection was made shall be stamped in the blank space provided for that purpose. No such label shall be removed except at the time a subsequent inspection is made.

(§ 1, Ord. 588, eff. December 25, 1980)

Advertising matter on the outside of any taxicab or automobile for hire shall be prohibited, except for the owner's trade name, monogram or insignia, and telephone number or numbers. (§ 1, Ord. 588, eff. December 25, 1980)

It shall be the duty of the City Manager to enforce the provisions of this chapter. In addition to any other penalty or fine under other applicable law, any person who violates a provision of this chapter shall be subject to a civil administrative fine of between $100 and $1,000. In addition to any other penalty or fine under other applicable law, any person who violates Section 4-2.02 of this chapter by operating a taxicab or automobile for hire substantially located within the City of Ojai without an owner's permit shall be subject to a civil administrative fine of $5,000, under this section and Government Code Section 53075.5, subdivision (i)(2).

(§ 1, Ord. 588, eff. December 25, 1980, as amended by § 13, Ord. 890, eff. March 25, 2019)

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City of Ojai, CA

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-3.101

§ 4-2.24

CHAPTER 3 PUBLIC PARKS

Editor's note—Chapter 3, Concealed Weapons and Firearms, consisting of Section 4-3.01, codified from Ord. No. 6, repealed by Section 1, Ord. No. 445, effective December 23, 1971. Chapter 3, Public Parks, consisting of Sections 4-3.01 through 4-4.03, added by said Ord. No. 445, repealed by Part 1, Ord. No. 568, effective December 28, 1978.

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City of Ojai, CA § 4-3.101

PUBLIC WELFARE, MORALS, AND CONDUCT

§ 4-3.102