Redlands Municipal Code Ch. 5.64 Taxicabs

As used in this chapter, the following terms shall have the meanings indicated:

CHIEF: The chief of police or his or her designee.

DRIVER: Any person in charge of operating a taxicab either as independent contractor or owner or under the direction, employment, control or service of the owner.

OWNER/OPERATOR: Every person, firm or individual having control, whether through ownership, lease or otherwise, of any taxicab.

STAND: A parking place designated for the exclusive use of taxicabs while awaiting employment.

TAXICAB: Any vehicle designed to carry not more than eight (8) passengers, excluding the driver, that is used for the transportation for hire of persons over the streets of the city and not over a defined route, but under the direction of the passengers.

TAXICAB SERVICE: Any public passenger transportation service using a taxicab and available for hire on call or demand over the streets of the city, where the service is not provided over a defined route, but is between points and over routes directed by the person hiring the taxicab, and irrespective of whether the operations extend beyond the corporate limits of the city. The term "taxicab service" includes the act of picking up any passenger in the city, but does not include the sole act of delivering any passenger to a location within the city. (Ord. 2434 § 1, 2000)

It is unlawful for any person to operate, or cause to be operated, any taxicab service within the city without having the appropriate permits issued pursuant to this chapter. (Ord. 2434 § 1, 2000)

Any person desiring to obtain or to renew an owner's operating permit to operate a taxicab service shall complete an application in the form provided by the city and submit the application to the chief. Each application shall be accompanied by a fee in the amount established by resolution of the city council. An incomplete application shall be returned to the applicant within ten (10) business days along with written reasons on why the application has been deemed incomplete. The application will be deemed abandoned if, within fourteen (14) business days following the mailing of a notice of incomplete application, an amended application correcting all identified deficiencies is not received by the city.

The following information is required in an application:

A. The legal names, mailing and street addresses, and telephone numbers of the applicant, and all owners, directors, officers and employees of the proposed taxicab service. If the taxicab service is advertised to the public and operates under a name other than the legal name of the applicant, that name shall also be included. The application shall include all fictitious business names used by the applicant in San Bernardino County in the five (5) years preceding the calendar year in which the application is made. A post office box, mailbox, message service or other similar device shall not be used as the applicant's street address, but is acceptable as a mailing address.

1. Corporate Applicants: The corporate name shall be exactly as set forth in the corporation's articles of incorporation. The names, mailing and street addresses, and telephone numbers of all directors, every shareholder holding ten percent (10%) or more of the shares of the corporation, corporate officers and the designated agent for service of legal process shall be included. A corporate applicant shall also provide a certificate of domestic stock ownership and a current certificate of good standing issued by the California secretary of state.

2. Partnership Applicants: The names, mailing and street addresses, and telephone numbers of each general partner shall be stated. If one or more of the general partners is a corporation, the provisions of this section pertaining to a corporate applicant shall also apply. The name, mailing and street addresses, and telephone number of a person authorized to accept service of legal process shall also be included.

3. Other Businesses: If the applicant is a cooperative, member stock type operation, service organization, or association, the application shall include the names, mailing and street addresses, and telephone number of each officer, director and each shareholder owning any share or portion of any share in the organization or association. The name, mailing and street address, and telephone number of a person authorized to accept service of legal process shall also be included.

4. Sole Proprietorships: The name, mailing and street addresses and telephone number of the owner and any person authorized to accept service of legal process shall be included.

B. The street addresses from which the applicant conducts or will conduct the taxicab service, where dispatch will be conducted, and each location at which the business' vehicles will be garaged.

C. The number of taxicabs to be operated under the permit and the number of taxicabs in the applicant's fleet.

D. The manufacturer, model year, vehicle type, vehicle identification number ("VIN"), license plate number, company identification number, passenger capacity and proof of commercial registration for each vehicle to be operated in the city, together with evidence satisfactory to the chief that each taxicab proposed to be operated under the permit has been safety inspected and otherwise complies in all respects with all applicable laws, rules, and regulations.

E. The proposed color scheme, insignia or other distinguishing characteristics of the taxicab, including the style and legend of any illuminated sign to be mounted on the top of the vehicle.

F. Proof that the applicant maintains insurance meeting the following requirements:

1. Separate commercial automobile liability insurance for each vehicle proposed to be operated within the city pursuant to the owner's operating permit, with at least the following limits of liability:

a. Primary bodily injury and primary property damage with limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate.

2. The applicant shall be required to have worker's compensation and employer's liability insurance in force throughout the duration of the permit of at least one million dollars ($1,000,000.00) per occurrence or an amount which meets the statutory requirement with an insurance carrier acceptable to the city.

3. Required insurance shall be issued by companies admitted to do business in California, rated "B+" or better in the most recent edition of Best's key rating guide, and of a financial category class VII or better.

4. The city, and its elected officials, officers and employees (each a "city entity") shall be named as additional insureds under the automobile liability policy. This insurance shall be primary and noncontributing to the city's own policy of insurance or self insurance.

5. Each policy of required insurance shall contain a provision that no termination, cancellation or change of coverage may occur without thirty (30) days' prior written notice to the city.

6. The applicant shall provide certificates of insurance endorsements to risk management prior to issuance of a permit.

G. As a condition of receiving an owner's operating permit, the applicant shall execute a statement agreeing to indemnify, defend and hold harmless the city entities from and against any and all claims, losses, liability, expenses, including defense costs and legal fees, and claims for damages whatsoever, including, but not limited to, those arising from bodily injury, death, personal injury, property damage, loss of use, or property loss, however the same may be caused, and regardless of the responsibility for negligence. The obligation to indemnify, defend and hold harmless shall include, but not be limited to, any liability or expense, including defense costs and legal fees, arising from the negligent acts or omissions, or wilful misconduct of the applicant, its officers, employees, agents, joint venturers, subcontractors or vendors. In the event of a dispute between the applicant and the city as to whether liability arises from the sole negligence of a city entity, the applicant shall be obligated to pay for the city entity's defense until a final judgment has been entered adjudicating the city entity as solely negligent. In the event a final judgment is entered adjudicating a city entity as solely negligent, the applicant shall not be entitled to reimbursement of any defense costs, including, but not limited to, attorney fees, expert fees and costs of litigation. This indemnity shall apply regardless of whether the city approved an owner's operating or driver's permit or whether the city inspected or approved any vehicle used in conjunction with a permit.

H. Legal and registered ownership of the vehicles to be used by the applicant.

I. Prior experience of the applicant in a taxicab business, including the details of any prior permit denial, revocation or suspension by any public agency of any type of an owner's operating or driver's permit, license or certificate.

J. The name and address of each driver who will operate a taxicab in the city.

K. An affidavit that no driver currently employed, or an applicant for employment by the owner/operator, has been convicted of driving under the influence of alcohol or drugs within five (5) calendar years preceding the date of application.

L. An affidavit that each driver has satisfied all state training requirements for taxicab drivers.

M. An affidavit that applicant's drivers and dispatchers are proficient in the English language and able to communicate effectively with the public.

N. A description of the required uniform, if any, its drivers will wear.

O. A copy of the owner/operator's vehicle maintenance program, including preventative maintenance. The program shall be in accordance with the vehicle manufacturer's warranty specifications and any applicable state and federal laws.

P. A list of rates to be charged to the public throughout the term of the owner/operator's permit.

Q. Satisfactory evidence establishing that the applicant has complied and currently complies with the provisions of California Government Code section 53075.5(b)(3), or any successor provision, pertaining to preemployment and periodic testing of drivers for controlled substances and alcohol, and with provisions pertaining to payment for drug and alcohol testing programs and related reporting requirements. The applicant shall also provide satisfactory evidence that each driver who will operate a taxicab within the city has tested negative for drugs and alcohol within the previous twelve (12) months.

R. The names, street addresses and telephone numbers of no less than two (2) individuals who may be contacted twenty four (24) hours a day, seven (7) days a week by the city in case of an emergency.

S. An explanation of how the taxicab service will provide service to people with disabilities that make it difficult to use conventional taxicab sedans.

T. A public convenience and necessity proposal containing the following information:

1. A demonstration of the need for additional taxicab service in the city; and

2. The history of the organization and the manner in which it is organized, including, without limitation, the date of formation, the business commencement date(s), and all business locations in California during the five (5) calendar years preceding the year of application.

U. Submission of department of motor vehicles (DMV) pull notice program requester code number, as defined in Vehicle Code section 1808.1, issued to the applicant. As a condition of accepting an owner's operating permit, the owner/operator is required to notify the chief immediately if it receives a DMV pull notice on one of its drivers that would affect that person's driver's permit. In the event a driver's DMV record indicates that a driver no longer qualifies for a driver's permit, the owner/operator shall require the driver to surrender the driver's permit to the chief. DMV pull notice records shall be made available for review by the chief upon request.

V. Submission of records of any convictions in any court of any state of the United States or in any United States court with respect to any of the persons identified in subsection A of this section. (Ord. 2718 § 25, 2009: Ord. 2434 § 1, 2000)

Upon receipt of a complete application, the chief will conduct an investigation of the applicant. Upon completion of the investigation, the chief will set a date for public hearing on the application before the city council. A notice specifying the time and place of the hearing and a copy of the investigatory report will be mailed to the applicant and to all existing service operators and will be made available to the public, at least ten (10) business days before the date of the hearing. (Ord. 2434 § 1, 2000)

The city council may approve, deny or conditionally approve an application for an owner's operating permit. The city council may deny an application for an owner's operating permit if, based on substantial evidence, the city council finds any of the following:

A. The public convenience and necessity is not served;

B. The application contains any material misrepresentation;

C. The applicant is not financially responsible;

D. Any vehicle proposed to be operated lacks required equipment, is improperly licensed, or unsafe;

E. The applicant's proposed color scheme, name, insignia, or monogram will conflict with or imitate any color scheme, name, insignia or monogram used by any other person operating any vehicle described in this chapter, in such a manner as to be misleading to the public;

F. The applicant's proposed schedule of rates is unjust, unreasonable, discriminatory or preferential;

G. Additional taxicab service will have a detrimental effect on traffic and parking within the city, or will otherwise be contrary to the public welfare;

H. The applicant has not otherwise complied with this chapter. (Ord. 2434 § 1, 2000)

Any person who wishes to obtain a driver's permit shall file an application with the chief. Each application shall be accompanied by an application fee in an amount to be set by resolution of the city council. An incomplete application will be deemed abandoned if a corrected application is not received by the chief within fourteen (14) business days following the date the chief mailed the applicant notice of the deficiency.

The application shall be signed under penalty of perjury and shall include the following:

A. The name, residence address, and age of the applicant;

B. Any convictions in any court of any state of the United States or in any United States court;

C. The number and expiration date of the applicant's California driver's license, and disclosure of whether any state driver's license or taxicab driver's permit held by the applicant has ever been revoked or suspended;

D. The name and address of the owner/operator by whom the applicant is to be employed as a driver, and the endorsement of that owner/operator;

E. The names and addresses of every person by whom the applicant has been employed at any time during the five (5) calendar years preceding the year of application;

F. The names and addresses of three (3) responsible persons, excluding relatives of the applicant, who have known the applicant for at least three (3) years;

G. Proof of insurance and agreement to maintain at all times in full force and effect, insurance at levels required by subsection 5.64.030F of this chapter, if not already covered by insurance through the owner/operator of the taxicab service;

H. Acceptance and execution of indemnification requirement as required by subsection 5.64.030G of this chapter;

I. Submit to a background investigation and fingerprinting by the chief;

J. Two (2) copies of a one inch (1") square photograph of the applicant, taken within ninety (90) days of the date of application. One photograph shall be attached to the driver's permit certificate or identification card; the other will be retained by the chief;

K. The identification number and expiration date of each taxicab driver's permit issued by every other jurisdiction in which the applicant is licensed;

L. Compliance with the provisions of California Government Code section 53075.5(b)(3), or any successor provision, pertaining to preemployment and periodic testing of drivers for controlled substances and alcohol, and pertaining to payment for drug and alcohol testing programs and related reporting requirements. (Ord. 2434 § 1, 2000)

If an applicant holds a valid driver's permit issued by another jurisdiction whose application process included an investigation and background check by a law enforcement agency, the chief may immediately issue a driver's permit, upon confirmation of the issuance and current validity of that prior permit. Any driver's permit issued pursuant to this section shall immediately become void and of no effect upon a driver's termination of employment.

The chief will conduct and complete an investigation of the applicant, within thirty (30) business days after a completed application has been received. The chief will approve or deny the application and notify the applicant by mail of the approval or denial within seven (7) business days of the chief's action. The chief shall specify the reasons for any denial.

The chief shall deny an application if the applicant has:

A. Falsified material information on the application;

B. Registered as a sex offender pursuant to California Penal Code section 290;

C. Served, or is on, formal probation or parole for any felony offense or violation of law involving moral turpitude;

D. A conviction (or plea of guilty or nolo contendere) in any state for any of the following: murder, robbery, pandering, pimping, crimes related to the sale or transportation of controlled substances, crimes involving the use of a weapon, or any other offense involving moral turpitude or any crime that is substantially related to the qualifications, functions, or responsibilities of a taxicab driver;

E. A conviction (or plea of guilty or nolo contendere) in any state for a felony other than those listed in the previous subsection within eight (8) years of the application;

F. Any conviction (or plea of guilty or nolo contendere) within five (5) years of the application in any state or any final administrative determination of a violation of any statute, ordinance or regulation reasonably and rationally pertaining to the same or similar business operation which would have resulted in suspension or revocation of a driver's permit under this chapter;

G. Failure to comply with any requirement of this chapter. (Ord. 2434 § 1, 2000)

Any decision of the chief to deny a driver's permit may be appealed to the city council. An appeal shall be filed with the city clerk, within ten (10) business days following notice of denial, and shall state the grounds upon which review is sought. The appeal hearing will be scheduled for hearing and the city council will render a decision all within fourteen (14) days of the filing of the appeal with the city clerk. (Ord. 2434 § 1, 2000)

No permit issued under this chapter shall be sold, transferred, assigned, mortgaged or otherwise conveyed without the prior consent of the city council. Any sale, transfer, assignment, mortgage or otherwise conveying any such permit without the prior consent of the city council will render the permit automatically void. (Ord. 2434 § 1, 2000)

A. Every owner/operator shall pay an annual per vehicle operating permit fee in an amount established by resolution of the city council. Required fees shall be paid at the time an application for a permit or renewal is submitted.

B. Every driver permit issued under this chapter will terminate at the expiration of three (3) years from the date of its issuance unless revoked prior to said termination. Any renewal of a driver's permit issued under this chapter will be pursuant to the same requirements, procedures, provisions and regulations set forth in this chapter for an original permit. An owner/operator may not drive a taxicab without also possessing a current taxicab driver's permit and otherwise satisfying all requirements of this chapter pertaining to city approval of taxicab drivers. Every owner/operator shall provide written notification to the chief upon the termination or resignation from employment of any person holding a driver's permit. (Ord. 2434 § 1, 2000)

The chief will issue an identification decal for each taxicab permitted to operate in the city. (Ord. 2434 § 1, 2000)

Every taxicab driver and owner/operator will be jointly and severally responsible for all of the following requirements. Each owner and driver shall:

A. Maintain, at all times in full force and effect, insurance as required by subsection 5.64.030F of this chapter;

B. Maintain, at all times, valid business licenses for the city;

C. Display at all times on each taxicab operating within the city a valid taxicab identification decal issued by the chief. The identification decal shall be permanently affixed to the lower left corner of the rear windshield of the vehicle so that it is clearly visible from the outside of the vehicle. If, because of the presence of other stickers or decals required by law, the decal cannot be affixed on the lower left corner of the rear windshield, the decal shall be attached to the vehicle in a conspicuous location, as close as possible to the lower left corner of the rear windshield;

D. Keep an accurate, legible record of all passengers carried, the pick up and drop off points, and the date and time carried. This record shall be available for up to one year for review by the chief;

E. Not, when otherwise available for hire, refuse to transport anyone requesting a ride except under the following circumstances:

1. The transportation requested is such that the driver may not legally accept such passenger,

2. The driver has reasonable cause to believe that the proposed passenger will refuse to pay or cannot pay the fare,

3. The proposed passenger is disorderly, engaged in the commission of any crime, or is otherwise unfit to be transported as a passenger;

F. Display a photo I.D. badge identifying the driver's association with permitted taxicab service;

G. Keep the taxicab in good mechanical condition and in compliance with any and all applicable rules and regulations;

H. Charge only those rates as submitted on the application or such rates as have been approved by the chief;

I. Display in full view of passengers in both the front and the rear seat, in letters and figures which are clearly legible and not less than one-fourth inch (1/4") high: 1) a schedule of rates to be charged, and 2) a notice that a schedule of customary rates from the city's major points of interest are available upon request. The schedules shall have printed thereon the name of the owner/operator under which the taxicab is permitted to operate and the business address and telephone number where comments or complaints regarding the taxicab service may be directed;

J. Keep the taxicab in a clean and sanitary condition;

K. Participate in periodic testing for controlled substances and alcohol, and shall report the results thereof, as specified in Government Code section 53075.5(b)(3), and shall test negative for drugs and/or alcohol as required in said code section, and shall carry in his or her vehicle a certificate of compliance with the provisions described in this subsection;

L. Not permit any person to operate a taxicab unless such person is authorized to operate a taxicab pursuant to this chapter;

M. Not stop for or accept any passenger except at such areas as may be authorized by the city; or where the taxicab driver has driven a passenger to a particular location and is waiting for that passenger; or when picking up a passenger who has contacted the driver's owner operator and requested taxicab service;

N. Drive passengers to their point of destination by the most direct practical route, unless specifically directed otherwise by such passengers;

O. When engaged, provide current passengers with exclusive right to use of the passenger compartment, without picking up additional passengers, unless otherwise expressly permitted by the city;

P. Immediately report the fact of any revocation of any permit required to operate a taxicab within the city;

Q. The owner/operator shall notify the chief upon the termination of employment of a taxicab driver;

R. Surrender the taxicab driver's permit to the city if no longer employed by a city permitted owner/operator;

S. Ensure that each driver operating within the city maintains a valid California driver's license at all times;

T. Perform a yearly inspection of each vehicle operating within the city as part of owner/operator's taxicab service. The inspection shall be made by a certified mechanic or automotive repair dealer. Inspection records, signed by the mechanic or repair dealer, shall be maintained in the business office of the owner/operator attesting that the vehicle has been inspected and is in good working order. (Ord. 2434 § 1, 2000)

Every taxicab driver and owner/operator shall be jointly and severally responsible for all of the following equipment requirements:

A. Taxicab Equipment:

1. A trunk device which shall permit the opening of the trunk lid from the inside of the trunk,

2. A permanent fixture to display the taxicab driver's permit in prominent view of the passengers,

3. Prominent signs giving the name and telephone number of the taxicab permittee and the taxicab number on the sides of the vehicle. The taxicab number shall also be conspicuously displayed on the rear portion and inside the vehicle,

4. A prominent sign within the passenger area of each taxicab informing passengers to call the city's business license division with comments or complaints on the service provided,

• 5. No fewer than four (4) working doors, except that a handicapped accessible minivan may be used,
• 6. A fire extinguisher,
• 7. Four (4) flares,
• 8. At least two (2) emergency reflectors,
• 9. Spare tire and jack,
• 10. Windows which patrons can open from inside,

11. Working headlights, taillights, turn signals, backup lights, and brake lights, including the "cyclops" or third brake light, if the car has been manufactured in 1988 or later;

B. Taxicab Communications Equipment: In addition to the equipment requirements of subsection A of this section, every taxicab into which passengers are accepted for transportation within the city shall have a two-way radio with dispatch capability and a mobile display terminal capable of communication with a dispatcher;

C. Prohibited Equipment: No taxicab may be equipped with a scanner or other device that can be used to intercept radio signals and dispatches sent to specific destinations. (Ord. 2434 § 1, 2000)

A. At its discretion, the city council may permit the chief in conjunction with the public works director, to locate, designate, and approve taxicab stands, which will be available for the exclusive use of city approved taxicabs.

B. Established taxicab stands shall be in operation twenty four (24) hours of every day, unless otherwise provided by the chief.

C. No taxicab will remain standing unless it is attended by a driver, except when necessary to assist passengers in loading or unloading. (Ord. 2434 § 1, 2000)

Any permit described under this chapter may be immediately suspended by the city council if deemed necessary to remedy an immediate threat to the public health, safety or welfare, or failure to maintain any insurance required by this chapter. (Ord. 2434 § 1, 2000)

A. In the event the city council has reasonable cause to believe that grounds exist to revoke any permit issued pursuant to this chapter, a written notice of intent to revoke will be served by the chief, by mail upon the permit holder.

B. Any taxicab owner/operator or driver having a permit revoked will not be eligible to apply for another permit for one year after the effective date of revocation.

C. The city council may, instead of revocation, provide a permit holder with an opportunity to cure certain violations, or may place certain conditions on the permit where it finds that grounds for revocation of the permit exist or that the permit holder's activities have been conducted in a manner detrimental to the public health, safety or welfare. (Ord. 2434 § 1, 2000)

An owner's operating permit or driver's permit may be denied or revoked by the city council for any of the following reasons:

A. Failure to maintain vehicles in good and safe order and in compliance with all laws;

B. Any false, misleading or fraudulent statement made on the application for an owner's operating permit or driver's permit;

C. Failure to pay any fees required under this chapter;

D. Repeated and persistent violations by the owner/operator or the owner/operator's drivers of the traffic and motor vehicle laws of the city, county or state;

E. Employment of a driver who does not have a valid California driver's license;

F. Poor safety record or a record of complaints with respect to the operation of the taxicab service within the city or other operating areas outside the city;

G. Charging rates in excess of the amounts stated in the permit application;

H. Failure to procure, post or maintain in effect approved comprehensive automobile liability insurance as required under subsection 5.64.030F of this chapter; a temporary lapse in insurance coverage will result in immediate suspension pursuant to section 5.64.150 of this chapter;

I. Commission of a crime involving moral turpitude that is substantially related to operation of a taxicab service, by the applicant, his or her agent or employee, driver, or any person connected or associated with the applicant as a partner, director, officer, stockholder, associate or manager;

J. Failure to comply with all applicable health, zoning, fire, building and safety laws of the state of California and the city for buildings, structures, premises and equipment located within the city and used to conduct the taxicab service activity;

K. Detriment to the public health, safety or welfare due to the operation of the taxicab service;

L. Violation by the owner/operator, or any of the owner/operator's employees, drivers or agents, of any rule or regulation adopted by any governmental entity with respect to the applicant's operation of a taxicab service in other operating areas or within the city;

M. Determination that the permit is not justified by public convenience and necessity. In making this determination, the chief of police may take into account all facts which it deems pertinent and proper, including, but not limited to, whether:

1. The applicant has complied with all of the provisions of this code,

2. The applicant is financially responsible,

3. The applicant has sufficient liability insurance coverage to operate a taxicab or vehicle for hire service;

N. Failure to comply with the requirements of sections 5.64.120 and 5.64.130 of this chapter;

O. Failure to satisfy, or violation of, any requirement of this chapter. (Ord. 2434 § 1, 2000)

This chapter does not apply to any public transportation service being performed pursuant to a contract with the city or with any other public entity in this state, or to a limousine business that provides service within the city and that holds a certificate or permit issued by the California public utilities commission pursuant to chapter 8, division 2 of the California Public Utilities Code. (Ord. 2434 § 1, 2000)

It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person, firm, partnership, or corporation violating any provision of this chapter or failing to comply with any of its requirements will be deemed guilty of a misdemeanor and upon conviction thereof will be punished by fine not exceeding one thousand dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm, partnership, or corporation will be deemed guilty of a separate offense for each and every day or any portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted by such person, firm, partnership, or corporation, and will be deemed punishable therefor as provided in this chapter. (Ord. 2434 § 1, 2000)