Article II — OPERATING/DRIVER — Porterville Municipal Code

SECTION:

23-14: Required

23-15: Limit Of One Permit To Each Person

23-16: Application; Contents; Fee

23-17: Reserved

23-18: Reserved

23-19: Grounds For Denial Of Permit

23-19.1: Appeal To City Council Regarding Denial Of Permit

23-20: License Fee Prerequisite To Issuance

23-21: Deposit Of Insurance Policy Prerequisite To Issuance Of Operator's Permit

23-22: Photograph; Fingerprints

23-23: Revocation; Hearing; Notice

23-24: Grounds For Revocation

23-25: Transferability

23-26: Applications For Changes Of Name, Substitution Of Vehicle, Etc.

23-27: Appeal To City Council Regarding Denial Of Application For Changes, Etc.

23-28: Permit Validity Period

23-14: REQUIRED:

It shall be unlawful to operate or cause to be operated, an automobile for hire, or a taxicab upon any public street within the city without first having obtained a permit to do so in accordance with the provisions hereof, and without complying or having complied with all the provisions of this chapter as well as those applicable sections of chapter 15 of this code.

No company shall operate a taxicab or vehicle for hire business within the city of Porterville without having first obtained a business license and an operating permit from the city of Porterville. No person shall be allowed to drive a taxicab or vehicle for hire without having first obtained a driver's permit from the city of Porterville. (Ord. Code § 7711; Ord. 1666 § 8, 4-19-2005)

23-15: LIMIT OF ONE PERMIT TO EACH PERSON:

No person shall be entitled to hold more than one permit at a time, either as individual, member of a copartnership, stockholder or officer of a corporation, or under fictitious name, or otherwise. (Ord. Code § 7712)

23-16: APPLICATION; CONTENTS; FEE:

Any person desiring to obtain the permit required by section 23-14 of this article shall pay a fee, as fixed by resolution of the city council, and shall make application for such permit to the chief of police.

A. An operator's permit application shall set forth:

The name and address of the applicant, and if the same be a corporation, the names of its principal officers, or if the same be a

partnership, association or fictitious company, the names of the partners or persons comprising the association or company, with the address of each.

A statement as to whether the permit is desired for an automobile for hire, or a taxicab.
A description of every motor vehicle which the applicant proposes to use, giving:

a. Trade name;

b. Motor and serial number;

c. State license number;

d. Seating capacity;

e. Body style.

The street number and exact location where the applicant proposes to stand each automobile.
Proposed schedule of rates or fares to be charged for carrying of passengers in such automobile.
The distinctive color scheme, name, monogram or insignia which shall be used on such automobile, along with an identifying

vehicle number.

B. A driver's permit application shall set forth:

The name, date of birth, physical description, address, and phone number of the applicant.

The applicant's California driver's license number, status, and driving history.
1. Place of employment with contact address and phone number.
2. Listing of all previous arrests and convictions.
3. Other information as deemed pertinent by the chief of police. (Ord. Code § 7721; Ord. 1046 § A, 9-18-1973; Ord. 1666 § 9, 4-19-

23-17: RESERVED:

(Rep. by Ord. 1215 § A, 9-16-1980)

23-18: RESERVED:

(Rep. by Ord. 1215 § A, 9-16-1980)

23-19: GROUNDS FOR DENIAL OF PERMIT:

The following reasons shall be sufficient denial of such permit as required in section 23-14 of this article:

A. The application is not in the form, and does not contain the information required to be contained therein by this chapter.

B. The vehicle or vehicles described therein are inadequate or unsafe for the purposes for which they are to be used.

C. The color scheme, name, monogram or insignia to be used upon such automobile, shall be in conflict with or imitate any color scheme, name, monogram or insignia used by any person in such manner as to be misleading or tend to deceive, or defraud the public.

D. The applicant has, at some prior time, had a permit for the operation of automobile for hire, or taxicab revoked for reason. (Ord. Code § 7723; Ord. 946 § A, 8-5-1969; Ord. 1215 § A, 9-16-1980)

23-19.1: APPEAL TO CITY COUNCIL REGARDING DENIAL OF PERMIT:

In the event the chief of police, for any reason, denies the application of any applicant or refuses to issue the applicant a permit for the operation of an automobile for hire or taxicab, such applicant may, on or before the fifteenth day following said denial, file with the city clerk a written notice of protest of the decision of the chief of police and a request that the city council issue the permit requested. Within thirty (30) days following the receipt of applicant's written notice the same shall be considered by the city council at a regular or special meeting. The city council shall have full power and authority to grant or deny the permit for the causes set forth in section 23-19 of this article. (Ord. 946 § C, 8-5-1969)

23-20: LICENSE FEE PREREQUISITE TO ISSUANCE:

Before any permit as required in section 23-14 of this article shall be issued, a license fee shall be paid to the city at a rate as fixed by the city council, and failure to pay such license fee aforesaid shall automatically revoke any permit issued under this article. (Ord. Code § 7722; Ord. 1046 § A, 9-18-1973)

23-21: DEPOSIT OF INSURANCE POLICY PREREQUISITE TO ISSUANCE OF OPERATOR'S PERMIT:

Before an operator's permit required in section 23-14 of this article shall be issued by the chief of police, the applicant shall deliver to the city clerk a policy of insurance, executed by a company duly authorized under the laws of the state to do an insurance business, by the provisions of which policy the company promises and undertakes to pay in full all claims for damages to persons or property resulting from the operation of the automobile referred to in such application; provided, that the minimum amount for which liability shall be assumed for injury to or death of one person in any one accident shall be fifty thousand dollars ($50,000.00), one hundred thousand dollars ($100,000.00) to more than one person in any one accident, and the minimum amount for which liability shall be assumed for destruction of property in any one accident shall be twenty five thousand dollars ($25,000.00). (Ord. Code § 7724; Ord. 946 § B, 8-5- 1969; Ord. 1666 § 10, 4-19-2005)

23-22: PHOTOGRAPH; FINGERPRINTS:

Before any permit required in section 23-14 of this article shall be issued for the operation of an automobile for hire or taxicab, the operator thereof, together with all chauffeur's licensed, shall file with the chief of police, a photograph, size two inches by two and three- fourths inches (2" x 23/4") and shall have their fingerprints taken by the chief of police or any authorized deputy. (Ord. Code § 7725)

23-23: REVOCATION; HEARING; NOTICE:

Any permit granted under the provisions of this article may be revoked by the city council either as a whole or as to any or all cars described therein, or as to the right to use any distinctive color, monogram or insignia, after five (5) days' notice to the permit holder, requiring him to appear at a certain time and place to show cause why such permit should not be revoked for any of the reasons enumerated in section 23-24 of this article. (Ord. Code § 7742)

23-24: GROUNDS FOR REVOCATION:

Grounds for revocation of a permit by the city council shall be for any of the following reasons:

A. For the nonpayment of any license fee.

B. For failure to observe any of the rules and regulations or provisions set out in this chapter.

C. For the violation of any of the laws of the state or ordinances of the city by any permit holder, operator or driver of an automobile for hire or taxicab.

D. For failure to maintain satisfactory service to the public by means of any vehicle described in the permit, or for failure to keep any car described in the permit in use for any unreasonable length of time, or for failure to use the distinctive color, monogram or insignia described in the application.

E. For any cause which in the opinion of the city council makes it contrary to the public interest, convenience and necessity for the permit to be continued.

F. The undertaking provided for in section 23-21 of this article, has not been given or has been withdrawn or lapsed for nonpayment of premium, or is not in force for any reason. (Ord. Code § 7742; Ord. 946 § B, 8-5-1969)

23-25: TRANSFERABILITY:

No permit issued under the terms of this article shall be transferable either by contract or operation of law without the permission of the chief of police having been first obtained, and any such attempted transfer shall be sufficient cause for revocation thereof. (Ord. Code § 7752)

23-26: APPLICATIONS FOR CHANGES OF NAME, SUBSTITUTION OF VEHICLE, ETC.:

In the event that any permit holder desires to change his color scheme, name, monogram or insignia used on such automobile for hire, or taxicab, or to substitute any vehicle for and in place of the vehicle described in the application for permit, or to increase or decrease the number of vehicles used by him as automobiles for hire or taxicabs, he shall make application for permission to do so from the chief of police which permission shall be granted, if in the discretion of the chief of police, he deems the public interest, necessity and convenience will be served by such change, and if the permit holder has complied with all provisions of this chapter. (Ord. Code § 7751; Ord. 1032 § B, 2-20-1973)

23-27: APPEAL TO CITY COUNCIL REGARDING DENIAL OF APPLICATION FOR CHANGES, ETC.:

In the event the chief of police shall refuse to permit any change specified in section23-26 of this article, the permit holder may protest the decision of the chief of police in the time and in the manner set forth in section 23-19.1 of this article, and the city council shall consider and act on said protest in the time and in the manner set forth in section 23-19.1 of this article, and shall deny the change requested if the council fails to find that the public interest and convenience will be served by such change, or if the permit holder has failed to comply with the provisions of this chapter. (Ord. 946 § C, 8-5-1969; Ord. 1032 § B, 2-20-1973)

23-28: PERMIT VALIDITY PERIOD:

A permit required by this article shall be valid for no longer than a period of one year. Renewal permits must be completed during the month of January each year. (Ord. 1166 § B, 2-20-1979; Ord. 1666 § 11, 4-19-2005)