Pittsburg Municipal Code Art. IV Vehicle Standards, Equipment, And Operation

A. Inspection of Vehicles. Before a certificate is issued or renewed to any operator, the operator must submit to the chief of police a completed taxicab inspection report as required by this chapter.

B. Right of Police to Enter or Inspect Vehicles. The chief of police, or any member of the police department under his or her direction, shall have the right, at any time after displaying proper identification, to enter into or inspect any licensed taxicab for the purpose of ascertaining whether or not any of the provisions of this chapter are being violated and is authorized to issue a citation or effectuate an arrest for misdemeanor violations pursuant to Penal Code Section 836.5.

C. Removal of Unsafe Vehicles from Service. Any certificated vehicle observed in operation within the city limits with a visible mechanical violation may be ordered out of service by the chief of police or his or her designee if the violation could result in a citation being issued. The mechanical problem is to be corrected by the following work day and the vehicle shall not be placed into service until it has been inspected by a member of the Pittsburg police department. A reinspection fee may be charged pursuant to this section.

D. Reinspection Fees. Whenever a taxicab has, as a result of an inspection by the chief of police or a member of the police department, under this section, been determined to not meet the requirements of this chapter and the vehicle is required to be reinspected for correction of such identified defects, then the operator of such vehicle shall pay, for each such reinspection, the fee set forth in the city's fee schedule. The fee shall be paid prior to the reinspection.

E. Safe and Clean Vehicles. Each taxicab shall be operated and maintained in safe and clean condition.

F. Illumination of Passenger Compartment. Each vehicle shall maintain in operable condition a light arranged to illuminate the entire passenger compartment. The light shall remain constantly lighted at all times while any passengers are being loaded into or unloaded from the vehicle during dusk or night hours.

G. Operable Door Handles and Locks. The interior and exterior handles and locks for each door of the taxicab must be in good working condition and operable by passengers at all times. Failure to maintain handles and locks in working condition shall subject the taxicab to mandatory removal from service until such time as the inoperable items are repaired.

H. Minimum Number of Vehicles Operable. The operator shall at all times maintain, in a fully operable condition, at least 80 percent of the total number of taxicabs for which an operator's license has been granted.

I. Telephone and Two-Way Radio Dispatch System – Global Positioning System.

1. A comprehensive and adequate telephone or two-way radio dispatch system will be maintained at all times on a 24-hour basis. Such system shall include, either on the operator's premises or by a business elsewhere under contract to the operator, the operation of a telephone answering line and an operator in charge thereof devoted to primarily and promptly answering telephone calls requesting cabs and to dispatching cabs by radio in response to such calls. The operator may propose an alternative dispatch system which shall be reviewed and approved by the chief of police who shall determine if the proposed alternative meets the requirements of this section. The operator will have 90 days, from the date of certificate issuance, to have the telephone and two-way radio dispatch system in operation. The chief of police may extend the time for compliance on a showing that, for reasons beyond the control of the operator, compliance is not possible within 90 days. In the interim, the operator will have, in place, an adequate system to handle calls for service, i.e., cellular telephone, answering service, or pager. Failure to comply with this requirement is grounds for immediate suspension or revocation of the operator's certificate.

2. All drivers shall be required to maintain a functioning, hands-free global positioning system (GPS) at all times while operating a taxicab.

J. Each certified taxicab shall have, on both sides and rear of the vehicle, the name of the operator, or name under which operated, the word "Pittsburg," and the number assigned to such vehicle by the chief of police. The type, design, and size required therefor shall be designated by the chief of police. At the time of the issuance of a certificate for the operation of any vehicle hereunder, the chief of police shall assign a number to and for that vehicle. In addition, each certified taxicab shall have and display in the rear, passenger-side window of the vehicle, a sticker or window cling issued by the chief of police. At the time of the issuance of a certificate for the operation of any vehicle under this chapter, the chief of police shall issue a sticker or window cling containing "City of Pittsburg," the name of the operator, the operator certificate number, and vehicle number assigned by the chief of police.

(Ord. 15-1400 § 1 (Exh. A), 2015)

The safety features and equipment of all taxicabs operated pursuant to certificates issued under the provisions of this chapter shall be, at all times, under the jurisdiction and orders of the chief of police, subject to any regulations imposed by state or federal law.

(Ord. 15-1400 § 1 (Exh. A), 2015)

A. Failure to Have Operative Taximeter. It shall be unlawful for any person to operate a taxicab without a properly operating taximeter.

B. Standards for Taximeters. All taxicabs operated under the authority of this chapter shall be equipped with taximeters which conform to all applicable state laws and regulations and shall be inspected and sealed by the county sealer of weights and measures prior to submission of an application for an operator's license, prior to annual renewal of an operator's license, and upon request of the police department. All taximeters shall be located in the driver's compartment in such a manner as to be visible to the passengers at all times, day and night, and after sundown the face of the taximeter shall be illuminated. The taximeter shall be sealed and operated mechanically driven either from the transmission or from one of the wheels. Each taximeter shall have thereon a flag or other means to denote when the vehicle is employed and when it is not employed. The driver shall throw the flag or place such taximeter into a nonrecording position upon the termination of each trip. The said taximeter shall be subject to inspection at any time by the police department and/or the county sealer of weights and measures. Within 24 hours after a taximeter has been repaired, adjusted, or installed, the operator of the taxicab shall notify the county sealer and request that he or she test it for accuracy.

C. Posting of Fares. There shall be displayed in the passenger compartment of each taxicab, in full view of the passenger, a card not less than two inches by four inches in size, which shall have plainly printed thereon the name of the operator, the business address and telephone number of the operator, and a correct schedule of the rates to be charged for conveyance in the vehicle, including charges for waiting time and/or delivery of goods without a passenger. The schedule of rates must include the statement "No flat rates." The card shall also contain the following notation: "Any complaints regarding service rendered may be made to the Pittsburg Police Department Code Enforcement Unit, 925-252-4010."

D. Maximum Rates of Fare. It shall be unlawful for the operator or driver of any taxicab, as defined in this chapter, to fix, charge, or collect a rate in excess of the rate schedule adopted by resolution of the city council.

E. Rate Hearing. Before any taxicab rate is modified, there shall be a public hearing by the city council. The procedure for filing, fee, notice, date, and place of hearing shall be in accordance to the provisions of Chapter 3.30 PMC.

F. Deduction from Fare in Case of Breakdown. In case any taxicab shall become disabled or break down, while conveying passengers for hire, the time of stoppage shall be deducted from the time charged for.

(Ord. 15-1400 § 1 (Exh. A), 2015)

A. Use of Most Direct Route Required. The driver of any taxicab employed to transport passengers to a definite point shall take the most direct route possible that will safely carry the passenger to his or her destination.

B. Passenger Maximum. No driver of any taxicab shall accept or take into his or her vehicle or transport any larger number of passengers than the lesser of either the rated seating capacity of or the number of operable seat belts in the vehicle.

C. Exclusive Use of Taxicab by Passengers. When a taxicab is engaged, the person or persons first hiring same shall have the exclusive right to the full and complete use of the passenger compartment and it shall be unlawful for the operator or driver of such vehicle to solicit additional passengers contrary to such right. Notwithstanding the foregoing, whenever the chief of police, or his or her representative, find that public necessity temporarily requires the grouping of passengers in taxicabs, permission may be granted by the chief of police, or his or her representative, for such grouping.

D. Substitution of Vehicles. An operator may not use any vehicle not certificated by a valid operator's certificate except with the prior approval of the police department. Any vehicle that is proposed to substitute for a certificated vehicle must be inspected and certificated prior to being put into service. The following log is to be kept, covering each substitute vehicle owned, maintained, or otherwise operated by the certificate holder:

1. Vehicle number of the vehicle being removed from operation;

2. On and off mileage of both vehicles;

3. Dates and times the substitute vehicle is used.

This log information shall be subject to inspection by the police department at any time.

E. No Obstruction of Public Right-of-Way. No operator shall permit any taxicab operated by him or her and no driver shall cause any such vehicle to obstruct a public street or sidewalk. A driver shall remain beside his or her vehicle when the vehicle is standing in any taxi stand and shall leave the vehicle for no longer than five minutes when the vehicle is standing in any other location on a public street.

F. Receipts. Every driver shall, if requested, provide a correct receipt upon payment of the correct fare.

G. No Misrepresentation. An operator or driver may not misrepresent material information to other persons, including information regarding rates, travel time, distance, or the identity of the taxicab driver or operator.

H. Reports of Lost Property. All property of value found in a taxicab by an operator, or his or her employee, or delivered to them by any person who has found such property, if unclaimed within 48 hours, shall be delivered to the police department. Every operator shall keep a record of all found and returned property describing the article, date found, finder, and disposition of property.

I. Refusal to Carry Passenger. Except as provided in subsection (C) of this section, a driver may not refuse a prospective passenger tendering the appropriate fare based on the distance of the route (if less than 50 miles from the city limits) or for any other reason; provided, however, that a driver may refuse permission to any person who is conducting himself or herself in a boisterous or otherwise unruly manner.

(Ord. 15-1400 § 1 (Exh. A), 2015)

A. The driver of each taxicab shall keep a separate tripsheet of every service rendered by such driver, which tripsheet shall include the following information:

1. Location where passengers entered vehicle;

2. Time of entry;

3. Number of passengers;

4. Location where passengers were discharged;

5. Amount of fare collected.

6. Tripsheets being maintained by "on duty" drivers shall be surrendered for inspection to any police officer or designee of the chief of police upon request.

B. The operator of every such taxicab shall keep said tripsheet in the office files for a period of six months after date of service rendered, and the same shall at all convenient times be open to examination by any representative of the chief of police. Office files must be maintained at the business address pursuant to the operator certificate application. The falsifying of any tripsheet by an operator or by a driver shall be grounds for revocation of his or her certificate or permit.

(Ord. 15-1400 § 1 (Exh. A), 2015)

A. The chief of police is authorized and empowered to establish open stands in such place or places upon the streets of the city as he or she deems necessary for the use of certified taxicabs operated in the city. The chief of police shall not create an open stand without taking into consideration the need for such stands by the companies and the convenience to the general public. The chief of police shall prescribe the number of cabs that shall occupy such open stands. The chief of police shall not create an open stand in front of any place of business where the immediately abutting property owners object to the same or which such stand would tend to create a traffic hazard.

B. Open stands shall be used by the different drivers on a first-come, first-served basis. The driver shall pull onto the open stand from the rear and shall advance forward as the cabs ahead pull off. Drivers shall stay within five feet of their cabs. They shall not solicit passengers or cause unnecessary noise while at an open stand. Nothing in this chapter shall be construed as preventing a passenger from boarding the cab of his choice that is parked at an open stand.

C. Private or other vehicles for hire shall not at any time occupy the space established as a taxi stand.

(Ord. 15-1400 § 1 (Exh. A), 2015)

A. Liability Insurance Required. It shall be unlawful to drive or operate any taxicab in the city unless the operator thereof shall have obtained a motor vehicle liability insurance policy or policies from an insurance company authorized to issue such policies under the laws of the state, insuring the vehicle operation by the operator and covering each vehicle insured under such policy or policies. Each vehicle insured shall be designated by number and state license number. Such policy of insurance shall guarantee the payment to any and all persons suffering injuries or damage to personal property of any final judgment rendered against such operator or driver with the limits not less than those specified by the chief of police. Evidence of such insurance shall be by written certificate or certificates of such insurance corporation, including a separate endorsement naming the city as an additional insured, filed with the city clerk. Failure to maintain motor vehicle liability insurance as provided herein shall be grounds for immediate suspension of the operator's certificate to operate.

B. Provisions of Liability Insurance Policy. Each motor vehicle liability policy required under the provisions of this chapter, in addition to the provisions required therein under the laws of the state, shall provide coverage under the National Standard Liability Form or other form as approved by the city attorney and shall also provide that:

1. Such policy covers a schedule of any and all taxicabs which may be driven or operated by or for the operator insured under the policy;

2. Such policy insures the operator, as defined in this chapter, and any other person driving, using, or responsible for the use of any taxicab covered by the policy, whether with or without the consent, expressed or implied, of the operator and also the city, against loss from liability for injury to, or death of, any person or damage to property arising from or growing out of the maintenance, operation, or operatorship of any vehicle covered by the policy in amounts not less than those specified by the chief of police;

3. The city shall be held harmless for all claims, demands, and actions of any type occasioned by the operation of the operator's taxicab business;

4. Such policy is to be a continuing liability up to the full amount thereof, notwithstanding any recovery thereon;

5. Such policy, in the event of the death of the operator, inures to and is for the benefit and protection of his or her successors in interest who may continue the operation of the taxicab service.

C. Liability Insurance Certificate. Each certificate required under the provisions of PMC § 5.56.130(B) shall certify that the issuer thereof has issued a motor vehicle liability insurance policy or policies insuring the operator named in the certificate, and that each of the policies contains each of the provisions required to be therein as provided by this section, and that none of the policies can or will be canceled, except upon 30 days' prior written notice thereof to the city clerk. All such certificates shall be subject to the approval of the city attorney.

(Ord. 15-1400 § 1 (Exh. A), 2015)

The driver of a taxicab authorized to operate in any other municipality or political subdivision to a destination within or beyond the city limits of the city shall not seek or accept passengers within the city. Violation of this section will be charged the fee set forth in the city fee schedule.

(Ord. 15-1400 § 1 (Exh. A), 2015)

It shall be unlawful for any person to refuse to pay the lawful fare as fixed of any of the vehicles regulated by this chapter after employing or hiring the same. Any person doing so shall be guilty of a misdemeanor.

(Ord. 15-1400 § 1 (Exh. A), 2015)

Smoking by any person shall be unlawful in any taxicab in the city.

(Ord. 15-1400 § 1 (Exh. A), 2015)