Pismo Beach Municipal Code Ch. 5.40 Taxicabs

For purposes of this chapter the words defined in this section shall have the following meanings:

"Certificate" means a certificate of public convenience and necessity issued by the council.

"Driver" includes every person in charge of or operating any taxicab as defined in this section, either as agent, employee or otherwise under the direction of the owner as defined in this section, and also includes the owner when in charge of or operating any such taxicab.

"Driver's permit" means a permit issued by the chief of police of the city to an individual person, permitting that person to drive a taxicab upon the streets of the city.

"Owner" includes every person owning or having use or control of any taxicab, as defined in this section.

"Person" includes every natural person, partnership, firm or corporation.

"Taxicab" means every automobile or motor-propelled vehicle used for the transportation of passengers for compensation from one point in the city to another point in said city or from a point within said city to a point outside of said city except for cars, with or without drivers hired or leased on a time basis for a time in excess of one hour. (Prior code § 5.16.010)

No person shall engage in the business of operating taxicabs in the city without first having obtained a certificate from the council so to do. No person shall act as driver or shall hire or employ or permit anyone to act as a driver of taxicabs in the city unless and until the person to act as a driver has obtained from the chief of police a driver's permit. No person shall operate any taxicab in the city either as owner or driver without having first complied with all of the provisions of this chapter. (Prior code § 5.16.020)

Any person who was engaged in the business of operating taxicabs in the city prior to the effective date of the ordinance codified in this chapter and subsequent to May 1, 1964, under any license or permit granted under the terms of any previously existing ordinance of the city shall be deemed to have been issued a certificate by the council under terms of this chapter and the city clerk shall, upon request of such a person and the proof to the city clerk of the conditions herein specified, issue to such a person a certificate in the name of the council. (Prior code § 5.16.030)

An application for a certificate shall be filed with the city clerk. The application shall be verified under oath and shall furnish the following information:

A. The name and address of the applicant;

B. The financial status of the applicant shall be furnished on demand of the council, including the amounts of all his assets and liabilities;

C. The experience of the applicant in the transportation of passengers;

D. Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate;

E. The number of vehicles proposed to be operated by the applicant and the location of proposed depots, terminals and offices;

F. The color scheme or insignia to be used to designate the vehicle or vehicles of the applicant;

G. Such further information as the city clerk may require. (Prior code § 5.16.040)

Upon the filing of an application, the city clerk shall fix a time and place for a public hearing thereon before the council at a regular or regular adjourned meeting of the council. Notice of such hearing shall be given to the applicant and to all persons to whom certificates of public convenience and necessity have been issued at least ten days prior to said hearing. (Prior code § 5.16.050)

A. If the council finds that further taxicab service or competitive taxicab service in the city is required by the public convenience and necessity and that the applicant is fit, willing, and able to perform such public transportation and to conform to the provisions of this chapter and the rules promulgated by the council then the council shall issue a certificate stating the name and address of the applicant, the number of vehicles authorized under said certificate and the date of issuance; otherwise the application shall be denied.

B. In making the above findings, the council shall take into consideration the number of taxicabs already in operation, whether existing transportation is adequate to meet the public need, the probable effect of increased service or competitive service on local transportation and traffic conditions and the character, experience and responsibility of the applicant. (Prior code § 5.16.060)

A. No certificate of public convenience and necessity shall be issued or continued in operation and no owner shall continue in the business of operating taxicabs unless there is in full force and effect an indemnity bond or insurance in an amount approved by the city attorney for each vehicle authorized. Said bond or insurance shall be filed in the office of the city clerk and shall be issued by a company authorized to do business in the state.

B. The city clerk may in his discretion allow the holder to file, in lieu of bond or bonds, a liability insurance policy issued by an insurance company authorized to do business in the state. Said policy shall conform to the provisions of this section relating to bonds. (Ord. O-2021-003, § 13, 2021: prior code § 5.16.070)

No certificate shall be issued or continued in operation unless the holder thereof has laid an annual license fee of twenty-five dollars for each vehicle operated under the certificate. Said license fees shall be for the fiscal year and shall be in addition to any other license fees or charges established by proper authority and applicable to said holder or the vehicle or vehicles under his operation and control; provided, however, that whenever any vehicle is placed in service after the beginning of the fiscal year, the fee for said vehicle shall be prorated on a monthly basis. (Prior code § 5.16.080)

No certificate may be sold, assigned, mortgaged or otherwise transferred without the consent of the council first had and obtained. (Prior code § 5.16.090)

A. A certificate issued under the provisions of this chapter may be revoked or suspended by the council if the holder thereof has:

1. Violated any of the provisions of this chapter;

2. Discontinued operations for more than thirty days within a period of one year;

3. Violated any of the ordinances of the city, or the laws of the United States or of the state, the violations of which reflect unfavorably on the fitness of the owner to provide public transportation.

B. Prior to suspension or revocation, the owner shall be given notice of the proposed action to be taken and shall have an opportunity to be heard. (Prior code § 5.16.100)

No person shall operate a taxicab for hire upon the streets of the city and no person who owns or controls a taxicab shall permit it to be so driven and no taxicab licensed by the city shall be so driven at any time for hire unless the driver of said taxicab shall have first obtained and shall have then in force a driver's permit issued under the provisions of this chapter. (Prior code § 5.16.110)

A. An application for a driver's permit shall be filed with the chief of police and such application shall be verified under oath and shall contain the following information:

1. The names and addresses of four residents of the state who have known the applicant for a period of one year and who will vouch for the sobriety, honesty, and general good character of the applicant;

• 2. The experience of the applicant in the transportation of passengers;
• 3. The educational background of the applicant;
• 4. A concise history of the applicant's employment;
• 5. The age of the applicant;
• 6. A statement of any arrests which have been made of the applicant;
• 7. A statement that the applicant is an American citizen;
• 8. The fingerprints of the applicant.

B. Each application shall be accompanied by a certificate from a reputable physician of the city certifying that in his opinion the applicant is not inflicted with any disease or infirmity which might make him an unsafe or unsatisfactory driver.

C. At the time the application is filed the applicant shall pay to the chief of police the sum of ten dollars to compensate the city for the costs of investigation of the applicant.

D. No permit shall be issued to any applicant unless he is over twenty-one years of age and the holder of a valid unrevoked chauffeur's license issued by the state.

E. Any application for permit may be denied in the discretion of the chief of police if investigation discloses or tends to show that the applicant is not physically, mentally or morally qualified or has not a proper understanding of the English language.

F. All permits granted as provided in this chapter shall expire at the end of the license year and may be renewed, upon the application of the holder, without further investigation or fee in the discretion of the chief of police. Said permits are not transferable.

G. Any person holding a current valid driver's permit on July 29, 1964, issued under any prior ordinance of the city regulating the driving of taxicabs, shall be deemed to have been issued a driver's permit under the terms of this chapter and the chief of police shall upon the request of such person and proof to the chief of police of the conditions specified in this section, issue to such person a driver's permit under the provisions of this chapter and no further application or fee therefor shall be required. (Prior code § 5.16.120)

All applications for driver's permits will be considered by the chief of police and either granted or denied within thirty days unless, for good cause, time for further consideration is needed. Before any application is finally passed upon, the police department shall conduct an investigation of the applicant. Upon approval of an application, the chief of police shall issue a driver's permit to the applicant which shall bear the name, address, race, age and other identifying characteristics of the applicant, at the discretion of the chief of police, including the signature of the applicant. (Prior code § 5.16.130)

Every driver holding a driver's permit under this chapter shall post his driver's permit in such a place as to be in full view of all passengers while such driver is operating a taxicab. (Prior code § 5.16.140)

The chief of police is given the authority to suspend any driver's permit issued under this chapter or any preexisting ordinance for a driver refusing or failing to comply with any ordinances of the city or of laws of the state, such suspension to last for a period of not more than ninety days. The chief of police is also given the authority to revoke any driver's permit for failure to comply with any provision of any ordinance of the city or of the laws of the state. However, a driver's permit may not be revoked or suspended unless the driver has received notice and has had an opportunity to present evidence on his behalf. (Prior code § 5.16.150)

Each holder of a certificate must keep on file with the city clerk a statement of the name under which he is doing business, the color scheme by which his taxicabs will be marked and painted, and the insignia to be carried on said cabs which said color scheme and insignia must conform to the holder's application on file with the city clerk. All cabs operated by the holder of such a certificate shall be painted and marked in accordance with the statement currently on file with the city clerk. No holder of a certificate shall file any statement of color, markings or insignia which is the same as or similar to the colors, markings, or insignia then currently on file by any other holder of a certificate. Each taxicab shall, in plain view on the exterior of both front doors thereof, have the business name and address of the owner painted in letters at least two inches high. (Prior code § 5.16.160)

Prior to the use and operation of any vehicle under the provisions of this chapter said vehicle shall be thoroughly examined and inspected by the police department and found to comply with all of the laws of the state and the city and with such reasonable rules and regulations for safety as may be prescribed by the chief of police or by the council. Every vehicle operating under this chapter shall be periodically inspected by the police department every six months to insure the continued maintenance of safe operating conditions. A fee of one dollar for each inspection shall be paid to the city clerk. In addition, every vehicle operating under this chapter shall be kept in a clean and sanitary condition. (Prior code § 5.16.170)

It shall be a violation of this chapter for any driver of a taxicab to refuse or neglect to convey an orderly person or persons upon request unless previously engaged or unable or forbidden by the provisions of this chapter so to do. No driver of any taxicab shall solicit business for any hotel or motel, or attempt to divert patronage from one hotel or motel to another. Neither shall such driver engage in selling intoxicating liquors nor in transporting intoxicating liquors, except when the same are in possession of a passenger, nor solicit business for any house of ill-repute or use his vehicle for any purpose other than the transportation of passengers. (Prior code § 5.16.180)

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. Holders of certificates shall maintain a central place of business and keep the same open twenty-four hours a day for the purpose of receiving calls and dispatching cabs. 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 such service cannot be rendered within a reasonable time, they shall then notify the prospective passengers how long it will be before said call can be answered and give the reason therefor. Any holder who shall refuse to accept a call anywhere in the corporate limits of the city at any time when such holder has available cabs or who shall fail to or refuse to give overall service shall be deemed a violator of this chapter and the certificate granted shall be revoked at the discretion of the council. (Prior code § 5.16.190)

The holder of each certificate shall keep accurate records of receipts from operations, operating and all other expenses, capital expenditures and such other operating information as may be required by the council. Every holder shall maintain the records containing such information and other data required by this chapter at a place readily accessible for examination by the city clerk or city police department. (Prior code § 5.16.200)

The council may from time to time, by resolution, promulgate regulations for the operation of taxicabs and for the maintenance of records. The chief of police may from time to time promulgate regulations respecting the safety of operations and maintenance of taxicabs. (Prior code § 5.16.210)

Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined not exceeding five hundred dollars or punished by imprisonment in the city or county jail not exceeding six months or by both such fine and imprisonment. (Prior code § 5.16.220)