Chapter 5.98 — TAXICABS

For the purpose of this chapter, certain terms used herein are defined as follows:

"Taxicab" means a vehicle operated at rates per mile or for waiting time, or both, used for transportation of passengers for hire with trips originating from points within the city, or, if outside the city, regularly carries passengers within the city streets, and such vehicles are in route as to destination under the direction of a passenger or of a person hiring the same.

"Taxicab driver" means any person driving and in immediate possession of a taxicab for the purpose of providing a taxicab transportation service and may be an employee or an independent operator.

"Taxicab operator or business" means every person, company, corporation, association or any other organizational structure which purpose is to provide taxicab services in the city.

"Taximeter" means any mechanical instrument, device or machine by which the charge for hire of a passenger-carrying vehicle is mechanically calculated, either for distance travelled or time consumed, or both, and upon which instrument, device or machine such charge is indicated by figures.

"Top light" means a dome light installed on the roof of a taxicab vehicle to provide ready identification of their for hire status.

(Ord. 603 § 1, 1990)

It is unlawful to operate any taxicab business in the city unless the taxicab operator thereof has applied for and obtained a permit issued pursuant to the provisions of this chapter from the director of code compliance. The permit fee required herein, shall be in addition to any other license, permit or fee required under any of the provisions of this code. (Ord. 603 § 1, 1990)

Taxicab permit shall be renewed annually and the permit fee shall be set forth by resolution of the city council and amended as deemed necessary by council. (Ord. 603 § 1, 1990)

Taxicab operator shall be required to affix a business license tax vehicle decal to the rear bumper of each taxicab vehicle per Section 5.04.200(D) of this code. (Ord. 603 § 1, 1990)

• A. Each taxicab vehicle shall be equipped with a properly operating taxicab meter and top light.

• B. A rate card shall be posted in each vehicle, in full view, stating the current rates being

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City of Palm Desert, CA

BUSINESS TAXES, LICENSES AND REGULATIONS

§ 5.98.050

§ 5.98.070

charged by the taxicab operator. The city council shall regulate the rates any time it is deemed necessary by resolution.

• C. No taxicab driver shall be employed by the taxicab operator who does not have in his or her possession at all times a valid and proper class of license issued by the state of California.

• D. The taxicab operator shall assure that all taxicab drivers employed or used in carrying out their duties shall be courteous, of good moral character, neatly dressed and groomed, and knowledgeable of city's streets, addresses and points of interest.

• E. The taxicab operator shall assure the exterior and interior of each taxicab vehicle is maintained in an attractive appearance.

• F. Taxicab operator shall assure that the taxicab vehicle at all times, meets the requirements of Title 13 of the California Administrative Code, as they now exist or as they may hereafter be lawfully amended. No vehicle shall be operated which reflects any deficiency from Title 13 in the power train, suspension, brakes, lighting system, signaling devices, or fuel systems. In the event any such deficiency is detected, the taxicab operator shall immediately remove such vehicle from service until such deficiency is corrected, and the permit suspended per Section 5.98.090 of this chapter.

• G. Taxicab operator shall operate all vehicles in accordance with the laws of the state, municipal codes of the city, and/or any other applicable law.

• H. A taxicab operator shall not conduct his or her business out of any residential zone of the city.

• I. A taxicab operator upon request of the director of code compliance shall respond within ten days to any written complaint concerning transportation service.

• J. The taxicab operator shall have the vehicle available for inspection by the sheriff's department, and taximeter available for inspection by the division of weight and measure, when ordered to do so.

• (Ord. 603 § 1, 1990)

Before any taxicab permit shall be issued, the taxicab operator shall file with the director of code compliance, and thereafter keep in full force and effect, a policy of insurance in such form as the city attorney may deem proper. Such policy shall insure the taxicab operator and taxicab driver of each taxicab vehicle operated, or to be operated under the taxicab permit against liability for damage to property, and for injury to or the death of, any person as a result the ownership, operation, or other use thereof. The minimum liability limits shall not be less than seven hundred fifty thousand dollars. All such policies shall contain a provision naming the city of Palm Desert as additionally insured. The taxicab operator shall hold the city harmless for all claims, demands and actions of any type whatsoever occasioned by the operation of the taxicab operator business. The insurance policy shall contain a provision or endorsement providing that such policy or bond will not be canceled until notice in writing shall be given to the city, addressed to the city attorney, at least thirty days immediately prior to the time such cancellation be comes effective. (Ord. 603 § 1, 1990)

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City of Palm Desert, CA § 5.98.070

PALM DESERT CODE

§ 5.98.100

Taxicab operator agrees to indemnify, defend, and save the city and its agents and employees harmless from any and all liability, claims, damages or injuries to any person including, without limitation, injury to taxicab operators drivers and other employees, and all claims which arise from or are connected with the negligent performance of, or failure to perform the work or other obligations upon vehicles provided by law or are caused or claim to be caused by the negligent acts of the taxicab operator, drivers and other employees, all expenses of investigating and defending against same, provided, however, that this indemnification and hold harmless shall include any claim arising from the sole negligence or wilful misconduct of the city and its agents and employees.

(Ord. 603 § 1, 1990)

The taxicab operator shall keep the following records which shall be made available, upon request, for inspection by the city manager or his designated representative or by the sheriff's department.

• A. Number of calls for service, by day, including the time of call, time of deposit and time of pick-up;

• B. Daily log, by taxicab number, of those taxicabs in safe mechanical condition and available for service;

• C. Daily log, by taxicab number, of those taxicabs not available for service, and the reason thereof;

• D. Current rate schedule of fees;

• E. Employment record of taxicab drivers; and

• F. Copy of Federal Communication Commission license showing the assigned radio frequency.

• (Ord. 603 § 1, 1990)

Advertising materials are permitted on taxicabs pursuant to Section 10.68.060 of this code. (Ord. 1079 § 1, 2004)

The city manager may suspend any taxicab permit to operate a business or any vehicle for a period of up to two weeks, in the event he determines that the public safety and welfare would be benefitted thereby and where mechanical or operational deficiencies need be corrected. If the taxicab operator fails to correct such deficiencies within said two week period, the city manager may request the permit be revoked.

(Ord. 603 § 1, 1990)

The taxicab operator aggrieved by any decision of the city manager made pursuant to the

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City of Palm Desert, CA

BUSINESS TAXES, LICENSES AND REGULATIONS

§ 5.98.100

§ 5.98.150

provisions of this chapter may appeal therefrom to the city council within ten days after notice of such decision by filing with the city clerk's office a written notice of appeal. If such appeal is made within the prescribed time, the city clerk shall cause the matter to be set for hearing before the city council within thirty days from date of receipt of such notice of appeal, giving the taxicab operator not less than ten days notice in writing of the time and place of the hearing. The findings and determination of the council at such hearing shall be final and conclusive. In the event the taxicab operator fails to submit an appeal within the prescribed time, the decision of the city shall become final and conclusive on expiration of the time stated in this section for appeal.

(Ord. 603 § 1, 1990)

After notice and hearing pursuant to the provisions of this chapter, the permit may be revoked by city council if it finds and determines:

• A. Taxicab operator or taxicab drivers or other employees, fails to comply with all the provisions of this chapter;

• B. Upon request by the city requiring the sheriff's department to check into the moral character of the taxicab operators, the sheriff's department recommends revocation of the permit; and

• C. Upon request by the city requiring the sheriff's department to check into the moral character of taxicab drivers and other employees and the sheriff's department recommends the termination of said persons and the taxicab operator fails to do so, the permit may be revoked;

• D. Cancellation of policy of insurance.

• (Ord. 603 § 1, 1990)

Prior to the city's taking action to revoke a taxicab permit, the taxicab operator shall be afforded a due process hearing before the city council, at which time the taxicab operator may introduce evidence and examine or cross-examine witnesses as to why such action should not be taken. The taxicab operator may be represented by counsel or any other person of his or her choice upon the close of the hearing, the city council shall render a final and conclusive decision. (Ord. 603 § 1, 1990)

The taxicab permit is not assignable, transferable, or otherwise alienable by the taxicab operator. (Ord. 603 § 1, 1990)

Any person violating the provisions of this chapter shall be guilty of an infraction. (Ord. 603 § 1, 1990)

If any provision of this chapter is held to be unconstitutional or otherwise invalid by any court

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City of Palm Desert, CA

PALM DESERT CODE

§ 5.98.150

§ 5.98.150

of competent jurisdiction, the remaining provisions of this chapter shall not be invalidated. (Ord. 603 § 1, 1990)

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City of Palm Desert, CA

BUSINESS TAXES, LICENSES AND REGULATIONS

§ 5.99.010

§ 5.99.040