Chapter 5.72 — VEHICLES FOR HIRE

This chapter shall be known and designated as the "taxicab ordinance."

(Ord. 6465 § 2 (part), 1991)

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

A.

"City" means the city of Pasadena.

B.

"City clerk" means the city clerk of the city.

C.

"Council" means the city council of the city.

D.

"City engineer" means the city engineer and superintendent of streets of the city.

E.

"City manager" means the city manager of the city.

F.

"Driver" means a person in direct and immediate possession or charge of, driving, or operating a taxicab, for-hire vehicle or sightseeing vehicle or public transportation vehicle.

G.

"For-hire vehicle" means a motor-propelled vehicle of private appearance used to transport passengers who direct the route to be traveled over the streets, and not operated over a fixed route, for compensation which is not fixed by a taximeter but which is fixed in accordance with the distance traveled and/or the time elapsed.

H.

"License collector" means the city assessor, tax and license collector of the city who, in addition to the powers and duties set forth in this chapter, shall be or shall designate the administrator and enforcement official for the purposes of administrative penalties, both compliance orders and citations, under Chapters 1.25 and 1.26 of this code for violating any provision of this chapter, including but not limited to accessibility standards.

I.

"Owner" means any person, firm, association or corporation having proprietary control of, or right to proprietary control of any vehicle as herein defined.

J.

"Person" means and includes a natural person, firm, copartnership, association or corporation.

K.

"Police chief" means the police chief of the city.

L.

"Public transportation vehicle" means any vehicle, not otherwise defined in this section, used in the business of transporting passengers over streets of this city, irrespective of whether such operations extend beyond the city and regardless of whether or not any fee, compensation or consideration is paid for such transportation.

M.

"Sight-seeing vehicle" means a motor-propelled vehicle used for the transportation of passengers over the streets for the purpose of sightseeing, showing the points of interest, showing or exhibiting lands, houses, property, or any other thing or object for compensation or for the purposes of advertising, promoting or effecting the sale of any lands, houses, property or other thing or object.

N.

"Street" or "highway" means a way or place of whatever nature properly maintained and open to the use of vehicular traffic.

O.

"Substantially located" shall have the same meaning as defined in Government Code Section 53075.5, as amended.

P.

"Taxicab" means a motor-propelled vehicle, used for the transportation of passengers who direct the route to be traveled over the streets, and not operated over a fixed route for compensation fixed by a taximeter in accordance with the distance traveled and/or the time elapsed.

Q.

"Taximeter" means a mechanical instrument or device by which the charge for the hire of a passenger-carrying motor- propelled vehicle is mechanically registered, calculated and/or indicated by means of figures in accordance with the distance traveled and/or the time elapsed.

R.

"Taxi stand" means a public place alongside the curb of a street or elsewhere in the city which has been designated by the city manager as reserved exclusively for the use of taxicabs.

(Ord. 7084 §§ 2, 3, 2007; Ord. 6465 § 2 (part), 1991)

(Ord. No. 7339, § 1, 2-25-2019)

A.

Every taxicab must post in a conspicuous place in the passenger compartment a card in a form approved by the license collector and with the following language, in no less than 20 pt. type in San Serif or comparable font: "COMPLAINTS? Call the City of Pasadena and the Taxicab Supervisor," followed by a telephone number provided and maintained by the city and a supervisor telephone number provided and maintained by the owner. The same information shall also be posted in Braille in an accessible and readily ascertainable position for persons with vision impairments. To the maximum extent feasible, the license collector shall standardize the placement of placards within vehicles with due regard for placement requirements of other licensing jurisdictions.

B.

If a customer advises a driver that he or she wishes to file a complaint through this process, the driver shall properly identify himself or herself to the customer, including name, identification number if applicable, and the taxicab identification (vehicle) number.

C.

As to complaints made to the city, the license collector shall give notice to the owner within two (2) business days of receipt (or as soon as practical thereafter) with a request for response and resolution. As to complaints made to the owners, the owners shall give notice to the license collector within two (2) business days of receipt. Owners shall respond to the city within twenty-four (24) hours of said notice informing the city of steps to be taken toward investigation, findings and remedial action. The company shall use best efforts to make final resolution of the complaint within fifteen (15) days of the date of the complaint, with the resolution and implementation schedule communicated both to the license collector and the complainant. The owner shall cooperate with the license collector, or designee in their active monitoring of complaints and resolution thereof.

D.

The license collector or his designee shall actively monitor all complaints and the resolution thereof. Nothing in this section shall prevent the license collector from independently investigating any customer complaint or from taking any enforcement action authorized by this code apart from or in addition to any resolution proposed or effected by the owner.

E.

Without limiting the authority of the license collector to initiate any investigation, if a customer is dissatisfied with either the resolution or implementation schedule proposed by the owner as the result of a complaint, the customer may notify the license collector and request an independent investigation. The license collector shall promptly determine whether or not to conduct an independent investigation and shall notify the customer of that determination. If an investigation is conducted as a result, the license collector shall communicate findings and recommendations to the customer and to the owner.

(Ord. 7084 § 4, 2007)

No person who is substantially located within the city shall operate or cause to be operated in the city any of the vehicles defined in Section 5.72.020 unless there has been issued by the city an owner's permit to the owner thereof and unless such permit is in full force and effect.

(Ord. 6465 § 2 (part), 1991)

(Ord. No. 7339, § 2, 2-25-2019)

No owner's permit shall be required where the owner, vehicle, or operations meet any of the following criteria:

A.

Any owner who is not substantially located within the city;

B.

Any vehicle under the terms and conditions of a franchise granted by the city to the owner of such vehicle;

C.

Any operations for which a certificate of convenience and necessity has been granted by the Public Utilities Commission of the state;

D.

Any vehicle which only transports a passenger or passengers from a point outside to a destination within the city; and/or

E.

Any vehicle which only travels from a point outside the city through the city while en route to a destination outside of the city.

(Ord. 6465 § 2 (part), 1991)

(Ord. No. 7339, § 3, 2-25-2019)

Any person who is substantially located within the city may apply to the city for a permit to operate any vehicle defined in Section 5.72.020 by paying the nonrefundable application fee specified by resolution of the city council and by filing with the license collector, upon forms supplied by the city, a verified application containing the following information:

A.

The residence and business address of applicant if a natural person; if a firm, association or partnership, the name and address thereof and names and residences of members; if a corporation, name and address thereof and names and residences of officers and local manager if any;

B.

Nature of business;

C.

Number of vehicles proposed to be operated;

D.

The age and mileage of each vehicle to be operated;

E.

A current inspection certificate, pursuant to Section 5.72.275(A) of this chapter, for each vehicle to be operated;

F.

Rates to be charged;

G.

A sworn financial statement of the applicant;

H.

If a taxicab business, application shall set forth in full the color scheme and characteristic insignia to be used to designate the vehicles of the owner, the type and trade name of taximeter to be used and the size, location and wording of signs to appear on the taxicab;

I.

Proof of insurance, including claims reserve, in a form acceptable to the license collector and an agreement to maintain insurance at levels set by resolution of the city council and to meet any additional insurance requirements established by resolution after granting of the permit;

J.

Assent to submit to a background investigation by the chief of police;

K.

Disclosure of the date and issuer of all permits to operate as a taxicab business held by the applicant at any time in the 5 years prior to the date of application;

L.

Plan for meeting the accessibility standards of Section 5.72.055 of this chapter;

M.

Such further information as the license collector may require;

N.

An applicant for an owner's permit for a taxicab business must demonstrate compliance with the requirements of Section 5.72.054 of this chapter.

(Ord. 6801 § 1, 1999; Ord. 6729 § 2, 1997: Ord. 6465 § 2 (part), 1991)

(Ord. No. 7339, § 4, 2-25-2019)

To be issued an owner's permit for a taxicab business under this chapter, an owner must maintain the following:

A.

Proprietary control or right to proprietary control over a minimum number of twenty taxicabs having current and valid inspection certificates, pursuant to Section 5.72.275 of this chapter, and otherwise permitted to operate within the city.

B.

The capacity both to receive telephonic requests from the general public for taxicab service 24 hours per day and 7 days per week and to dispatch taxicabs to fulfill those requests via direct wireless communication.

(Ord. 6801 § 2, 1999)

A.

All owners shall comply with the requirements of the Americans with Disabilities Act in the delivery of services permitted under this chapter, including, but not limited to, providing wheelchair accessible taxi service and service to service animals as defined by the Americans with Disabilities Act.

B.

Wheelchair accessible taxi service shall be provided on an equivalent response time to nonaccessible taxi service during all hours of operation, either directly or by written, cooperative agreement with another owner or owners. In addition, all owners shall operate no fewer than 1 wheelchair accessible taxicab for every 20 vehicles permitted to operate within the city.

C.

If there is a request for dispatch of a wheelchair accessible taxicab and the owner receiving said request has no wheelchair accessible taxicabs available, the owner shall immediately contact other taxi companies with wheelchair accessible vehicles to handle the request and advise the customer of the company name and vehicle number of the responding wheelchair accessible taxicab. If there are no wheelchair accessible taxicabs available in the city of Pasadena at the time of the call, the owner shall notify the customer of such and use best efforts to provide an alternative cab in a reasonable period of time, not to exceed one hour. The owner shall also advise the customer of the supervisor and a telephone number where the supervisor can be reached, and shall keep a record of the contact including the customer's name and what other taxicab services were contacted.

D.

Service animals and their handlers shall be permitted in vehicles so long as the animal is under the direct control of the handler, such as in harness or on leash, or in a closed carrier. Unless it is impractical to do so, the service animal shall ride on the floor of the vehicle between the front and back seats.

E.

Owners shall train every driver in the proper and legal procedures for transporting persons with disabilities and service animals consistent with the Americans with Disabilities Act and its progeny within seven (7) days of hire or engagement and at least once per year. Proof of training shall be submitted to the license collector at the time of annual permit renewal, including the use of tests or other indicia of competency established by the license collector for each driver following training. Failure to provide training hereunder shall be considered adequate grounds to deny renewal of a permit, or to place conditions on said renewal. Standards for training and performance shall include the following:

A driver shall, if requested, provide all reasonable assistance to a person with a disability or service animal.

A driver shall not refuse to transport folding wheelchairs. Provided a wheelchair may be folded and placed in either the passenger, driver, or trunk compartment of a taxicab, the driver shall assist the passenger in folding and loading the wheelchair into the taxicab. If the driver is unable to assist the passenger upon request with his or her wheelchair, the driver shall notify the passenger of this fact and immediately notify dispatch and request another driver or service to assist. The driver shall remain with the passenger until assistance from another driver or service has arrived.

A driver may not refuse to transport service animals as such are defined by the Americans with Disabilities Act.

F.

All drivers shall, at a minimum, meet and observe the standards of performance set forth in subsections (E)(1) through (E)(3) of this section.

(Ord. 7084 § 5, 2007: Ord. 6729 § 3, 1997)

A.

Upon the filing of an application, the license collector shall cause an investigation to be made and a public hearing to be held in regard thereto.

B.

Notice of the public hearing shall be by publication in a newspaper of general circulation for at least 1 day and shall be at least 7 days before the date of such hearing. Notice of the hearing shall also be given to the applicant and to all persons holding valid owner's permits of the class requested by the applicant at least 7 days before the date of such hearing. The notice shall specify the time and place of the hearing and shall specify that any person may appear and be heard or submit written comments with respect to the grounds stated in Section 5.72.080(B).

C.

The license collector shall preside over the public hearing and shall hear and consider testimony for and against an application for an owner's permit. A public hearing may be continued without additional public notice.

(Ord. 6465 § 2 (part), 1991)

The police department shall expeditiously conduct an investigation of each applicant, and the police chief may require the applicant to be fingerprinted and photographed when he considers such action necessary to complete his investigation. The police chief shall indicate his recommendation of approval or denial of the application and if recommending disapproval, the reasons therefor.

(Ord. 6465 § 2 (part), 1991)

A.

The owner's permit shall be granted or denied, based upon compliance with this chapter or granted conditionally upon satisfaction of the requirements of this chapter, by the license collector within 20 days after conclusion of the public hearing and investigation by police. No permit shall be issued except upon payment of the fees specified by resolution of the council. The permit shall state:

The name and address of the applicant;

The number of vehicles authorized under the permit;

The date of issuance. The permit shall be effective for the calendar year in which issued or until suspended or revoked in the manner provided in this chapter.

B.

An owner's permit shall be denied to the applicant if, based on substantial evidence:

Any vehicle proposed to be operated is inadequate, improperly licensed or unsafe; or

The applicant's proposed color scheme, name, insignia or monogram will be in conflict with or imitate any color scheme, name, insignia or monogram used by any other person operating any vehicle described in Section 5.72.020 in such a manner as to be misleading or tend to deceive or defraud the public; or

The applicant has not complied with this chapter; or

The applicant is not a fit or proper person to whom such permit should be issued; or

The police chief recommends disapproval of the application pursuant to the investigation authorized in Section 5.72.070; or

The applicant has made any material misrepresentation in its application for a permit under this chapter.

(Ord. 7084 § 9 (part), 2007; Ord. 6465 § 2 (part), 1991)

An applicant aggrieved by the decision of the license collector may appeal, pursuant to Section 5.72.260, on the ground that the license collector misapplied this chapter to the facts presented. If an appeal is taken as to a permit granted conditionally, that permit shall not be issued until final determination of the appeal.

(Ord. 6465 § 2 (part), 1991)

The council shall establish by resolution the minimum levels and standards of automobile liability insurance and claims reserve which must be maintained in order to apply for, to receive and to operate with an owner's permit and any special permits under this chapter. The council shall also establish by resolution the manner in which compliance with the minimum standards is demonstrated. The failure to maintain the minimum levels and standards of automobile liability insurance for any period of time is a violation of this chapter and shall be sufficient grounds for suspension, revocation or non-renewal of a permit.

(Ord. 7084 § 9 (part), 2007; Ord. 6465 § 2 (part), 1991)

A.

The license collector may, without a public hearing, grant a limited owner's permit to operate within the city to any person licensed by any governmental entity to transport passengers for compensation. Such permit shall be for the limited purpose of transporting persons from within the limits of the community wherein such applicant maintains a principal place of business to locations within the city and from locations within the city to locations in the community wherein the applicant

maintains a principal place of business and not otherwise. Persons to whom such limited permits are issued shall not be required to maintain a permanent place of business in the city but shall otherwise meet all the requirements of this chapter.

(Ord. 6465 § 2 (part), 1991)

The license collector may, in case of any public emergency or necessity, waive or modify any or all of the requirements of this chapter and may issue a temporary owner's permit for a period not to exceed 30 days without a public hearing to any person approved by the police chief. Such permit may be revoked at any time, with or without notice, by the license collector.

(Ord. 6465 § 2 (part), 1991)

An owner's permit shall be effective for the calendar year in which issued unless it has been revoked or suspended. A permit which has not been revoked or suspended may be renewed annually by paying the fee specified by resolution of the city council and by filing with the license collector, upon forms supplied by the city, a verification that the owner is in compliance with the provisions of this chapter, a current inspection certificate required by Section 5.72.275(A) for each vehicle to be operated, a true and exact copy of the maintenance log, kept pursuant to Section 5.72.275(B) of this chapter, for each vehicle to be operated, and such further information as the license collector may require. The license collector may deny the renewal if there are facts indicating that the owner is not in compliance with the provisions of this chapter.

(Ord. 6729 § 4, 1997: Ord. 6465 § 2 (part), 1991)

A.

The owner of every taxicab, for-hire vehicle and sight-seeing vehicle operating in the city shall file with the application for an owner's permit a true and correct schedule of rates to be charged for the transportation of passengers in any and all vehicles operated by the owner, and the owner shall not change or modify the rates in any manner without first filing said changed or modified rates with the city manager 30 days prior to the effective date of the change or modification.

B.

There shall be displayed in the passenger's compartment of each taxicab, for-hire vehicle and sight-seeing vehicle a statement of rates as prescribed by state laws and regulations.

(Ord. 6465 § 2 (part), 1991)

No person who is substantially located within the city shall operate a taxicab, for-hire vehicle or a sight-seeing vehicle upon the streets of the city and no person who owns or controls any such vehicle shall permit it to be so driven and no such vehicle licensed by the city shall be so driven unless the driver of the vehicle shall have first obtained and shall have then in force a driver's permit issued under the provisions of this chapter. A permitted driver who becomes employed by a different owner is required to obtain a new permit either in the driver's own name, if the driver has a valid owner's permit, or in the name of the new employer.

(Ord. 6465 § 2 (part), 1991)

(Ord. No. 7339, § 5, 2-25-2019)

Any person who is substantially located within the city who intends to operate a taxicab, for-hire vehicle, or sightseeing vehicle may apply to the city for a driver's permit by filing with the license collector, upon forms supplied by city, a verified 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 by whom he is to be employed as a driver, or a copy of applicant's valid owner's permit;

D.

Proof of insurance in a form acceptable to the license collector;

E.

Such other information regarding the health, mentality, 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;

F.

Number and expiration date of chauffeur's license;

G.

Submit to a background investigation and fingerprinting by the chief of police;

H.

A negative test result for alcohol and for controlled substances as set forth in Section 5.72.155 of this chapter;

I.

Such other information as the license collector may require.

(Ord. 6729 § 5, 1997; Ord. 6465 § 2 (part), 1991)

(Ord. No. 7339, § 5, 2-25-2019)

A.

Applicants shall annually test negative for alcohol and for each of the controlled substances as set forth in California Government Code Section 53075.5(b)(3)(A), or any successor provision. Except as set forth in subsection B of this section, testing shall be completed within thirty days prior to the date of application and at a certified drug testing laboratory acceptable to the director of public works and transportation. As used in this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.

B.

Any negative test result from another jurisdiction shall be accepted for a period of one year from the date of the administration of said test as meeting the requirement for yearly permit renewal testing if the applicant has not tested

positive subsequent to a negative result. However, a negative test result from another jurisdiction shall only be accepted from renewal applicants and not from new applicants.

C.

In the case of a self-employed independent applicant, the test results shall be reported directly to the director of finance, who shall notify the taxicab owner or leasing company of record, if any, of said test results. All test results are confidential and shall not be otherwise released without the consent of the driver, except as authorized or required by law. In all other cases, the results shall be reported directly to the employing taxicab owner, who shall be required to notify the city in writing of all results.

(Ord. 6729 § 6, 1997)

The police chief shall conduct an investigation of each applicant for a driver's permit and shall indicate his approval on the application or, if disapproved, the reason therefor. The police chief may disapprove any applicant who has a record of criminal conduct or other behavior involving any of the following: moral turpitude, violence toward persons or property, severe mental or physical disease which could make the applicant a danger to the safety of others, illegal sexual conduct involving another nonconsenting person, negligent or reckless driving, or operating a motor vehicle while under the influence of alcohol or drugs. The police chief may dispense with the investigation of an applicant possessing a valid Los Angeles County taxicab driver's license.

(Ord. 6465 § 2 (part), 1991)

A.

The license collector shall, upon consideration of the application after investigation, approve or reject the application.

B.

No such driver's permit shall be granted to any person under the age of 18 years. The driver's permit shall be denied upon disapproval by the police chief pursuant to Section 5.72.160 and may be denied upon substantial evidence of facts of either physical or moral deficiencies of the applicant which in the sound discretion of the license collector would render such applicant not a fit and proper person to operate a vehicle defined in this chapter.

C.

Upon approval of an application for a driver's permit, the license collector shall issue a permit to the applicant, together with a card which shall bear the name and photograph of the applicant, the receipt number, date of expiration of the permit, and the name of the owner for which the driver is authorized to operate a vehicle defined in this chapter. Such card-permit shall be mailed to the owner named therein and shall be valid only so long as the driver continues in the employ of such owner or, if in the driver's own name, only so long as driver has a valid owner's permit.

D.

Upon termination of any driver's employment, the owner by whom such driver has been employed shall immediately give the license collector written notice of the termination, the reasons therefor, and shall forthwith surrender the driver's permit to the license collector for cancellation.

E.

Such permit shall be effective for the calendar year in which issued except upon termination of driver's employment, or unless it has been revoked, or suspended. A permit which has not been revoked or suspended may be renewed annually by paying the fee specified by resolution of the city council and by filing with the license collector, upon forms supplied by the

city, a verification that the driver is in compliance with the provisions of this chapter pertaining to driver's permits, proof of compliance with the alcohol and controlled substance testing provisions of Section 5.72.155 of this chapter and such further information as the license collector may require. The license collector may deny the renewal if there are facts indicating that the driver is not in compliance with the provisions of this chapter.

(Ord. 6729 § 7, 1997; Ord. 6465 § 2 (part), 1991)

Every driver of any taxicab operating under this chapter shall display his driver's permit at all times, in such a place as to be in view of all passengers in such vehicles.

(Ord. 6465 § 2 (part), 1991)

5.72.190—5.72.215 - Reserved.

Editor's note— Ord. No. 7339, §§ 6—9, adopted Feb. 25, 2019, repealed §§ 5.72.190—5.72.215, which pertained to Tournament of Roses and Superbowl, and derived from Ord. No. 6465, § 2, 1991; Ord. No. 7084, § 9, 2007.

A driver's permit, when approved by the license collector, shall be issued upon payment to the license collector of the fee specified by resolution of the council.

(Ord. 7084 § 9 (part), 2007; Ord. 6465 § 2 (part), 1991)

An owner's permit, limited owner's permit or temporary owner's permit, when approved by the license collector, shall be issued upon payment to the license collector of the fee specified by resolution of the council.

B.

The owner's permit shall be for the calendar year and shall not be prorated except as indicated. No person shall use, drive, or operate or cause or permit the use, driving or operation of any such vehicle without the payment of the fees specified herein.

C.

Except in the case of drive-yourself vehicles, when such owner's permit is issued, the applicant may be required to furnish the license collector a detailed description of each vehicle, which shall include the make, type, engine number and state license number thereof.

D.

Upon payment of the required fee, the license collector may furnish the owner of the vehicle with a metal plate for each vehicle; and each person using, driving, operating or causing or permitting to be used, driven or operated, any such vehicle, shall conspicuously display and maintain the metal plate upon the exterior of such vehicle.

E.

The number of drive-yourself vehicles subject to the annual fee specified shall be determined in the following manner:

For new owners, the number of vehicles proposed to be operated as stated in the application for an owner's permit required by Section 5.72.050; or

For owners holding a permit under Section 5.72.050 during the preceding calendar year, the number of vehicles available for hire during the preceding calendar year.

F.

Owners within the purview of subsection (E)(2) herein shall submit to the license collector at the beginning of each calendar year a sworn statement showing the actual number of individual vehicles, identified either by equipment number or state license number, available for hire for each calendar month of the preceding year or portion thereof. The number of vehicles available for hire during the preceding calendar year shall then be computed by obtaining the sum of the monthly totals for vehicles available for hire for the preceding year and dividing the total thus obtained by the number of months for which the monthly totals are submitted.

(Ord. 7084 § 9 (part), 2007; Ord. 6465 § 2 (part), 1991)

A.

The license collector may temporarily suspend any owner's or driver's permit without a hearing, whenever the continued operation by the permittee would constitute a danger to public health, safety, welfare or public morals, including, without limitation, failure to maintain the minimum levels and standards of automobile liability insurance or claims reserve or failure to observe accessibility standards. The notice of temporary suspension may be personally delivered to the party named and to the address given on the application pursuant to which such permit was issued, or, mailed by registered or certified mail to the party named at the address given on the application pursuant to which such permit was issued. The temporary suspension is effective upon the earlier of either receipt or the expiration of 5 days from the date of mailing. The notice of temporary suspension shall include a notice of hearing and all other information required by Section 5.72.250(A). The temporary suspension shall remain effective until the decision on revocation or suspension is final.

B.

The license collector may at any time, with or without temporary suspension, suspend or revoke any owner's or driver's permit whenever the license collector determines, after notice and hearing as set forth in Section 5.72.250, and based upon substantial evidence, that the permit holder has not complied with or has violated any of the provisions of this chapter or any ordinance of the city, including but not limited to accessibility standards or the failure to maintain the minimum levels and standards of automobile liability insurance or claims reserve for any period of time, or any law of the state in connection with the operation of the permit or that such person's conduct indicates that he is not a fit and proper person to hold such owner's or driver's permit.

(Ord. 7084 § 6, 2007: Ord. 6465 § 2 (part), 1991)

A.

A notice of intent to revoke or suspend an owner's or driver's permit shall be personally delivered or mailed, at the direction of the license collector, to the party named and to the address given on the application pursuant to which such permit was issued, shall state grounds for suspension or revocation and shall give the permit holder notice of a hearing thereon which shall be convened within 10 days of notice. The notice shall advise the party of the date, time and place of hearing, that they may be represented by counsel, and any other information deemed proper.

B.

The license collector shall preside over the hearing and shall consider testimony of city staff and the permit holder, if present, and any other evidence which the license collector determines to be relevant to any matter at issue.

C.

At the hearing, the license collector may revoke or suspend the permit by making the following finding based upon substantial evidence:

The permit holder has not complied with or has violated any one of the provisions of this chapter or any ordinance of the city or any law of the state in connection with operation under the permit; or

The permit holder's conduct indicates that he is not a fit and proper person to hold such owner's or driver's permit.

D.

Within 15 days after the conclusion of the hearing, the license collector shall render a decision, and shall mail notice of the decision to the permit holder.

E.

A decision to revoke or suspend a permit shall become effective on the 15th day after the date of notice of the decision unless appealed as provided in Section 5.72.260.

(Ord. 6465 § 2 (part), 1991)

A.

Any person aggrieved by a decision of the license collector with reference to the denial, suspension, revocation or non- renewal of his permit shall have the right to appeal pursuant to this section. An appeal must be perfected within 15 days after notice of the decision or action complained of by filing with city manager a letter of appeal, briefly describing the reasons applicant believes the license collector misapplied this chapter to the facts presented, together with a filing and processing fee in the sum as is established by resolution of the council.

B.

Failure to file a letter of appeal within said 15 days shall constitute a waiver of appellant's right to hearing, but the city manager, in his sole discretion, may nevertheless grant such a hearing.

C.

The city manager shall fix the time and place of the hearing at a date no more than 30 days after his receipt of the letter of appeal, unless the hearing cannot reasonably be set within such time, in which case the hearing shall be set as promptly as may be practicable. The city manager shall appoint a hearing officer, and shall give the appealing party, and any other person requesting the same, at least 10 days' notice of the time and place of such hearing. The notice shall advise the parties of the date, time and place of hearing, that they may be represented by counsel, and any other information deemed proper.

D.

At the time and place set for the hearing upon the appeal from the decision of the license collector, the hearing officer shall give the appealing party and any other interested party a reasonable opportunity to be heard in order to show cause why determination of the license collector should not be upheld. In any such cases, the burden of proof shall be upon the appellant, who may be represented by counsel, to show that there was no substantial evidence to support the decision of the license collector.

E.

Within 15 days after conclusion of a hearing, the hearing officer shall submit a written report to the city manager. The report shall contain a brief summary of the evidence considered, findings of fact and the recommendations of the hearing officer. In addition, the report shall contain a proposed decision, in such a form that it may be adopted by the city manager as his decision in the appeal. If the city manager approves the decision of the hearing officer, it shall be final and conclusive. The city manager shall transmit the decision to the license collector who shall comply with the decision. If the city manager does not approve the decision, he shall review the evidence taken before the hearing officer for the purpose of determining if the license collector misapplied this chapter to the facts presented.

F.

The decision of the city manager shall be issued within 21 days after his receipt of the hearing officer's report. The decision shall contain findings of fact, a determination of the issues presented, and shall be final and conclusive. The city manager shall transmit the decision to the license collector who shall comply with the decision. The license collector shall, within 10 days after receipt of the city manager's decision, mail a copy of said decision to the appellant. It shall be conclusively presumed that the appellant received said decision within 5 days after same was mailed.

(Ord. 7084 § 9 (part), 2007; Ord. 6465 § 2 (part), 1991)

The taxicabs of every owner operating a taxicab in the city shall be of a color scheme and bear the owner's trade name, monogram or insignia which are clearly and easily distinguishable from the color scheme, owner's trade name, monogram or insignia used on the taxicabs of any other owners already operating under this chapter. No change whatever in the color scheme or distinguishing characteristics of any taxicab shall be made without written permission from the license collector. It is unlawful for any person soliciting patronage from any vehicle described in this chapter to represent by word, sign or insignia that the vehicle for which he is soliciting such patronage is a vehicle owned or operated by other than the actual owners.

(Ord. 6465 § 2 (part), 1991)

A.

Current Inspection Certificate. The director of public works and transportation shall adopt an inspection form which sets forth the minimum equipment condition and safety standards which a vehicle shall be required to meet to be issued a permit to operate under this chapter. The certificate must be completed, under penalty of perjury, by any automotive repair dealer registered with the Bureau of Automotive Repairs of the state of California pursuant to Business and Professions Code Sections 9884, et seq. or any successor provision. The certificate shall be considered current for the purposes of this chapter if completed no more than sixty (60) days before the day it is tendered with an application.

B.

Maintenance. No owner or driver shall operate or cause to be operated any vehicle permitted under this chapter while the same or any of the equipment used thereon is in an unsafe, defective or unsanitary condition. The owner and driver shall keep a log of all maintenance work, including date of work, work performed and identity of person performing work, within each vehicle at all times the vehicle is operated pursuant to a permit issued under this chapter. The inspection log shall be made available to any peace officer who requests it, and true and exact copies of the maintenance log shall be presented to the City as specified in this chapter.

(Ord. 6729 § 8, 1997)

No vehicles exceeding seven (7) years of age from January 1 of the year of manufacture or exceeding 200,000 miles of use, whichever occurs later, shall be permitted to operate under this chapter. Existing permittees shall comply with this Section 5.72.276 no later than July 1, 1999.

(Ord. 6729 § 9, 1997)

Every taxicab operated in the city shall bear the following identification: The owner's trade name, monogram or insignia together with a cab number and the owner's telephone number or numbers painted upon the metal portion of the outside of each side of the taxicab and the cab number and owner's telephone number or numbers painted upon the outside rear panel of the taxicab. All lettering mentioned in this paragraph shall be not less than 2-1/4" in height and not less than 5/16" stroke.

(Ord. 6465 § 2 (part), 1991)

In addition to the identification required by Section 5.72.280, taxicabs may bear the following signs or advertisements:

A.

A metal sign bearing the words "For Hire" and being no larger than 6" by 9";

B.

Advertisements not exceeding 12 square feet in total area, with no more than 6.75 square feet located on the top of the taxicab.

(Ord. 6801 §§ 3, 4, 1999; Ord. 6465 § 2 (part), 1991)

All taxicabs operated under the authority of this chapter shall be equipped with taximeters of a type and design approved by state laws and regulations. No fare shall be charged other than allowed by state laws and regulations, and in no event shall a passenger be charged in excess of the amount displayed on the taximeter. All taximeters shall be maintained and inspected as prescribed by state laws and regulations. Such taximeter shall be subject to inspection from time to time by the license collector, the police chief or their authorized representatives. In addition, all taxicab owners shall maintain and operate taximeters as follows:

A.

Placement. All taxicabs shall have taximeters placed so that the reading dial displaying the amount to be charged is well lighted and readily discernable by the passenger riding in such taxicab.

B.

Operation. The taximeter shall be in operation whenever there is a passenger in the taxi. This is also required when there is an agreement with a passenger for a pre-set flat rate. The open meter indicates that the taxicab has been hired, and that it is not then available. Rate cards shall be conspicuously placed in the vehicle to be clearly visible to passengers riding in either the front or back of the taxicab.

C.

Certification. All taxicab licensees, at the time of license issuance/renewal, shall certify under penalty of perjury that the taximeter in every taxicab owned or operated by it, or by others operating under its color scheme, is accurate and fully functional and is in compliance with state laws and regulations. No taxicab shall be operated which has a taximeter which is inaccurate or which does not provide a true depiction of actual time or distance traveled.

(Ord. 7084 § 7, 2007: Ord. 6465 § 2 (part), 1991)

No owner or driver of any taxicab operated in the city shall interfere with or prohibit any police officer of the city from at any time inspecting or thoroughly examining any taxicab or any taximeter used upon any taxicab.

(Ord. 6465 § 2 (part), 1991)

A.

The city engineer is authorized and empowered to establish taxi stands for the exclusive use of taxicabs in such places upon the streets of the city as he deems necessary. In creating a taxi stand, the city engineer shall take into consideration the need for such stands and he shall prescribe the number of vehicles which shall occupy each taxi stand. Such stands shall be designated by appropriate signs or curb markings as the city engineer determines.

B.

Taxi stands shall be used by the different drivers on a first-come, first-served basis. The driver shall pull into the taxi stand from the rear and shall advance forward as the vehicles ahead pull off. A driver shall be in attendance at every taxi parked in a taxi stand. Nothing in this chapter shall be construed as preventing a passenger from boarding the vehicle of his choice that is parked at a taxi stand.

C.

No owner or driver of a taxicab which is available for use shall stand or park such vehicle at any place on a public street other than a taxi stand except for the purpose of discharging or receiving passengers.

(Ord. 6465 § 2 (part), 1991)

All persons engaged in the taxicab business in the city, operating under the provisions of this chapter shall render an overall service to the public desiring to use taxicabs and shall keep their place of business open 24 hours a day for the purpose of receiving calls and dispatching vehicles. They shall answer all calls received by them for services inside the corporate limits of the city as soon as they can do so and if the service cannot be rendered within a reasonable time, they shall then notify the prospective passengers how long it will be before the call can be answered and give the reason therefor. Any holder of any owner's FOR permit who refuses to accept a call anywhere within the corporate limits of the city at any time when such holder has available vehicles, or who fails or refuses to give service, shall be deemed a violator of this chapter and the owner's permit granted to such person shall be suspended or revoked at the discretion of the license collector.

(Ord. 6465 § 2 (part), 1991)

No driver of any taxicab or for-hire vehicle, upon receiving full payment of a fare indicated by the posted statement of rates or by the taximeter, shall refuse to give a receipt therefor upon the request of any passenger making such payment.

(Ord. 6465 § 2 (part), 1991)

Any person engaging a taxicab shall have the exclusive right to the full use of the passenger compartment and no owner or driver of the vehicle shall solicit or carry additional passengers without obtaining the consent of the person first engaging such vehicle.

(Ord. 6465 § 2 (part), 1991)

Any driver employed to carry any passenger to a definite point shall take the most direct route which will carry the passenger safely and expeditiously to the point of destination.

(Ord. 6465 § 2 (part), 1991)

Every person to whom an owner's permit has been issued under the provisions of this chapter shall maintain a permanent place of business within the corporate limits of the city, shall maintain a telephone at such place of business, and shall also regularly and daily open that office.

(Ord. 6465 § 2 (part), 1991)

No driver to whom a permit has been issued under the provisions of this chapter shall refuse or neglect to convey any orderly person or persons upon request unless previously engaged or unable or forbidden by the provisions of this chapter to do so.

(Ord. 6465 § 2 (part), 1991)

No person shall refuse to pay the legal fare of any of the vehicles mentioned in this chapter after having hired the same, and no person shall hire any vehicle herein defined with intent to defraud the person from whom it is hired of the value of such service.

(Ord. 6465 § 2 (part), 1991)

No sightseeing vehicle shall bear any mark of identification, sign or advertisement other than 1 metal sign no larger than 8" by 24" bearing the words "Sightseeing Vehicle," "Sightseeing Bus" or some similar phrase together with the names or other means of designating the route or points to be visited.

(Ord. 6465 § 2 (part), 1991)

The services of a for-hire vehicle or sightseeing vehicle shall be available only upon telephone call or upon engagement in the public or private garage from which the vehicle is operated. It is unlawful for a driver of any for-hire vehicle or sightseeing vehicle at any time to cruise in search of passengers.

(Ord. 6465 § 2 (part), 1991)

All provisions of this chapter with reference to for-hire vehicles shall apply to public transportation vehicles, except as otherwise provided in this chapter.

(Ord. 6465 § 2 (part), 1991)

For failure to pay a permit fee when due, the license collector shall add a penalty of 10 percent of the original permit fee on the last day of each month after due date, provided that the total penalty to be added shall in no event exceed 50 percent of the amount of the original fee.

(Ord. 6465 § 2 (part), 1991)

A.

Misdemeanors. Any person who willfully violates any provision of this chapter and is convicted of a misdemeanor shall be punished by a fine of not more than $1,000.00 or by imprisonment for a period of not more than 6 months or by both such fine and imprisonment.

B.

Infractions. Any person who violates any provision of this chapter and is convicted of an infraction shall be punished by a fine of not more than $250.00. Each person convicted may be deemed guilty of a separate offense for every day during any portion of which any violation is committed or permitted.

C.

Administrative Enforcement. In addition to the penalty provisions of subsections A and B of this section, any person who violates any provision of this chapter may be subject to the administrative proceedings set forth in Chapters 1.25 and 1.26 of this code, including, but without limitation, civil penalties, late payment penalties, administrative fees, and other related charges.

D.

Remedies not Exclusive. To the maximum extent permitted by law, administrative remedies specified in this chapter are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.

(Ord. 7084 § 8, 2007: Ord. 6465 § 2 (part), 1991)