Chapter 5.19 — TAXICABS AND RENT CARS

For the purpose of this chapter, certain words and phrases used herein are defined as follows:

A.

"Driver" means every person in charge of or operating any taxicab or rent car, either as agent, employee, or otherwise, under the direction of the owner or as owner.

B.

"Owner" means every person having use or control of any taxicab or rent car, whether as owner, lessee, or otherwise.

C.

"Person" means any individual, partnership, association, corporation or other organization owning, operating or proposing to operate any taxicab or rent car in the town.

D.

"Rent car" means every automobile or motor-propelled vehicle, excluding taxicabs, operated at rates per hour or a flat fee per trip and not equipped with a taximeter, used for the transportation of passengers for hire over the public streets of the town and not over a defined route, irrespective of whether the operations extend beyond the boundary limits of the town, and such vehicle is routed as to destination under the direction of a passenger or of a person hiring same.

E.

"Street" means any place commonly used for the purpose of public travel.

F.

"Taxicab" means every automobile or motor-propelled vehicle operated at rates per mile or for wait-time, or for both, and equipped with a taximeter, used for the transportation of passengers for hire over the public streets of the town and not over a defined route, irrespective of whether the operations extend beyond the boundary limits of the town, and such vehicle is routed as to destination under the direction of a passenger or of a person hiring the same.

G.

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

(Ord. 242 §2, 1995; Ord. 129 §5.19.010, 1985)

It shall be unlawful to operate any taxicab or rent car business in the town unless the owner or official representative thereof shall apply for and obtain a business license to do so, which business license shall be applied for, granted and in effect, all in compliance with the provisions of this chapter.

(Ord. 242 §3, 1995: Ord. 129 §5.19.020, 1985)

The application for an owner's business license shall be in writing, and shall be filed with the police department. Each applicant shall provide the following:

A.

The name and address of the applicant;

B.

The name and address of the business to be approved by the town planning director;

C.

The number of vehicles actually owned and the number of vehicles actually operated by the owner on the date of application;

D.

The make, model, year, license plate number and description of each vehicle operated by owner as part of the business;

E.

Proof of valid insurance in the following amounts and coverages: comprehensive automobile and general liability insurance policy in an amount no less than one million dollars ($1,000,000.00) single limit per occurrence; issued by an insurer approved by the town's risk manager; naming the town and in their capacities as such, its officers, employees and agents as insured; covering all losses and damages as specified in this section; stipulating that the policy will operate as primary insurance and that no other insurance will be called on to contribute to a loss covered thereunder; and providing that no cancellation, change in coverage, or expiration by the insurance company or the insured shall occur during the term of the license, without thirty (30) days' written notice to the police chief prior to the effective date of such cancellation or change in coverage;

F.

The applicant shall provide his or her fingerprints as directed by the police department; and

G.

An application fee, as set forth in the resolution establishing fees and charges for various municipal services, shall accompany each application for an owner's business license.

(Ord. No. 542, § 1, 6-10-2014; Ord. 242 §4, 1995: Ord. 129 §5.19.030, 1985)

Upon receiving an application for a taxicab business license, the chief of police shall determine, based on substantial evidence, whether the public health, safety and welfare would not be harmed by the issuance of the license. The application shall be denied where the results of an investigation by the police department show that the applicant has any of the following:

A.

Been convicted within five years prior to application of any crime involving moral turpitude or for operating a vehicle while under the influence of alcohol or drugs or for reckless driving;

B.

A proposed taxicab is in an unsafe condition; or

C.

Falsified any information in the application.

(Ord. No. 542, § 2, 6-10-2014; Ord. No. 404, § 1, 9-9-2003)

Editor's note— Ord. No. 404, § 1, adopted Sept. 9, 2003, repealed § 5.19.031 in its entirety and enacted new provisions to read as herein set out and subsequently amended. Prior to amendment, § 5.19.031 pertained to Owner's business license—Investigation and approval and derived from Ord. No. 242, § 5, adopted 1995.

It is unlawful for any person to operate any taxicab or rent car in the town unless the driver shall apply for and obtain a taxi driver's license to do so. Such license, issued by the town, shall be in the driver's possession at all times while operating a taxicab or rent car within the town limits and shall be presented to any California peace officer upon demand. Inspection of the taxi driver's license by a California peace officer may be accomplished whenever and wherever the taxicab or rent car is being operated within the town without any other probable cause for action by the peace officer.

(Ord. 242 §6, 1995)

The application for a taxicab driver's license shall be in writing and shall be filed with the police department along with a certified copy of the applicant's department of motor vehicles driver's license status print out dated within 30 days of the application and the fees established by town council resolution. Each application shall provide the following:

A.

The name, current residential address and date of birth of the applicant.

B.

The number of applicant's valid California driver's license, which is properly classed or endorsed by the state of California Department of Motor Vehicles to operate a taxicab or rent car;

C.

A full set of his or her fingerprints as directed by the police department.

The police department shall investigate the background of each applicant and deny the application if the applicant has falsified any information in the application or has been convicted within five years before the application date of any crime involving moral turpitude or for operating a vehicle while under the influence of alcohol or drugs or for reckless driving, and which conviction or convictions should, in the judgment of the chief of police, render such applicant not a competent person to operate a taxicab in the town. If, after being informed by the police department that an applicant is not a competent person to operate a taxicab, the taxicab business owner shall not employ the applicant in such capacity.

Each time a taxicab business owner proposes to hire a new driver, the owner shall immediately submit the information required by the provisions of this section to the police department. Owner shall also notify the police department when a driver terminates his or her employment.

(Ord. No. 404, § 2, 9-9-2003)

Editor's note— Ord. No. 404, § 2, adopted Sept. 9, 2003, repealed § 5.19.036, in its entirety and enacted new provisions to read as herein set out. Prior to amendment § 5.19.036, pertained to Taxi driver's license —Application and derived from Ord. No. 242, § 7, adopted 1995.

Operation of a taxicab or rent vehicle within the town without possession of a valid town issued taxi driver's license is declared to be unlawful. A taxicab or rent vehicle found to be operating by a driver without a valid taxi driver's license shall, upon issuance of a citation or other appropriate action being taken, be impounded and stored and the owner's business license to operate a taxicab or rent vehicle business within the town shall be immediately suspended as described within section 5.19.050. Release of the impounded vehicle shall be pursuant to the normal procedure for the release of any vehicle towed and stored by the police department.

(Ord. 242 §8, 1995; Ord. No. 401, § 3, 8-26-2003)

Pursuant to Government Code § 53075.5, prior to the issuance or renewal of a taxi driver's license, the applicant shall be required to pass a mandatory drug and alcohol test conducted in compliance with Part 40 of Title 49 of the Code of Federal Regulations. A certified copy of the test results shall be delivered to the police department by the applicant. If an applicant fails to pass the test, his or her application shall be denied.

(Ord. No. 404, § 3, 9-9-2003)

All taxicabs shall comply with all the requirements of the California Vehicle Code. In addition, all taxicabs shall have fare rates and charges posted in a conspicuous place in clear view of passengers.

(Ord. No. 404, § 4, 9-9-2003)

The police department may suspend or revoke any license to operate a taxicab business or to drive a taxicab in the event a licensee has provided false information to it, or the police department determines, based upon competent evidence, that it would be harmful to the public health, safety and welfare to permit the licensee to operate a taxicab business or to drive a taxicab within the town. The licensee may exercise his or her right to appeal such denial and/or suspension to the town manager within five days of the licensee being notified of the action relating to the appeal. The town manager shall conduct a hearing on the appeal within 15 days and at least five days prior thereto send notice to the appellant. The town manger, subsequent to the hearing, shall affirm, modify or rescind the action of the police department.

If the appellant is dissatisfied with the decision of the town manager, the appellant shall have the right to appeal the matter further to the town council by filing a written notice of appeal with the town clerk within ten days of the town manager's decision. The town council will then hold a hearing on the matter as soon as practicable.

(Ord. No. 404, § 5, 9-9-2003)

Editor's note— Ord. No. 404, § 5, adopted Sept. 9, 2003, repealed § 5.19.050, in its entirety and enacted new provisions to read as herein set out. Prior to amendment § 5.19.050, pertained to denial or suspension of license by police department and derived from Ord. No. 242, § 10, adopted 1995; and Ord. No. 129, § 5.19.050, adopted 1985.

The applicant or licensee may exercise his or her right to appeal any denial, suspension or revocation to the town manager within five days of the applicant or licensee being notified of the action relating to the appeal. The town manager shall review the appeal within 15 days. The town manager shall affirm, modify or rescind the action of the police department.

If the appellant is dissatisfied with the decision of the town manager, the appellant shall have the right to appeal the matter further to the town council by filing a written notice of appeal with the town clerk within ten days of the town manager's decision. The town council will then hold a hearing on the matter as soon as practicable.

(Ord. No. 404, § 6, 9-9-2003)