Redondo Beach Municipal Code Ch. 14 Taxicabs

For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:

"Driver"

includes every person in charge of driving or operating a taxicab, or any passenger-carrying vehicle for hire, either as agent, employee, or otherwise under the direction of the owner or as owner.

"Owner"

shall mean every person having the use or control of any taxicab or rent car, whether as owner, lessee, or otherwise.

"Pedicab"

shall mean a vehicle propelled by human power used for the transportation of passengers or freight for compensation over public streets, ways.

"Rent car"

shall mean every automobile or other vehicle, excluding taxicabs, operated at rates per hour and not equipped with a taximeter, used for the transportation of passengers for hire over the public streets of the City and not over a defined route, irrespective of whether the operations extend beyond the boundary limits of the City, and such vehicle is routed as to destination under the direction of the passenger or upon hiring the vehicle.

"Street"

shall mean any place commonly used for the purpose of public travel.

"Taxicab"

shall mean every automobile or other vehicle operated at rates per mile, or for wait time, or both, and equipped with a taximeter, used for the transportation of passengers for hire over the public streets of the City and not over a defined route, irrespective of whether the operations extend beyond the boundary limits of the City, and such vehicle is routed as to destination under the direction of the passenger or person hiring the vehicle.

"Taximeter"

shall mean any mechanical instrument, appliance, device, or machine by which the charge for hire of a passenger-carrying vehicle is electronically or mechanically calculated, either for distance traveled or time consumed, or both, and upon which instrument, appliance, device, or machine such charge is indicated by figures.

"Vehicle for hire"

shall mean and include every motor propelled automobile, or human powered pedicab vehicle used for transportation of passengers for compensation operating on the streets of the City and not over a fixed or defined route, irrespective of whether such operations extent beyond the boundary limits of the City at rates per mil, per trip, per hour, per day, per week, or per month, and such vehicle is routed under the direction of a passenger or of such person hiring the same.

(§ 1, Ord. 2930 c.s. eff. April 2, 2004)

The City hereby reserves the exclusive right to grant a franchise for the operation of vehicles for hire. No taxicab, pedicab or other vehicle for hire shall pick up any fare within the jurisdictional boundaries of the City of Redondo Beach unless franchised under the provision of this chapter. It is unlawful for any person to operate any taxicab or vehicle for hire in the City unless the owner thereof has applied for and obtained a franchise permit to do so, which permit has been applied for, granted, and is in effect in compliance with the provisions of this chapter. Any franchise granted hereunder shall relieve the franchisee from responsibility for obtaining a City of Redondo Beach business license. Nothing shall preclude the City from granting multiple franchises under the authority of this chapter.

(§ 1, Ord. 2930 c.s. eff. April 2, 2004)

The City Manager shall appoint a Franchise Administrator who shall be responsible for the administering the provisions of this chapter.

(§ 1, Ord. 2930 c.s. eff. April 2, 2004)

Each franchise granted hereunder shall have a term of three years from the date granted unless revoked pursuant to the provisions of this chapter. Provided, however, that the City Council may extend any franchise for successive renewal terms consisting of three years which may be granted at the sole discretion of the City Council after the City Council completes a review of the franchise and franchisee. If the City Council elects to grant a renewal term, the City Council may impose new or different terms, including, but not limited to, modifications of fees. If the franchisee does not accept the new or different terms, the franchise shall terminate pursuant to the existing terms of the franchise. The franchisee shall receive a decal for each franchised taxicab or vehicle for hire. The decal must be prominently displayed on the left side of the rear bumper of the franchised vehicle. Failure to so display the decal shall be a violation of this chapter and a citable offense.

(§ 1, Ord. 2930 c.s. eff. April 2, 2004, as amended by § 1, Ord. 3132 c.s., eff. July 2, 2015)

The City shall choose franchises for taxicab services through a competitive bidding process in the event City Council elects not to grant a renewal term of any existing franchise. Franchisees shall be chosen based upon demonstrated quality of service, safety, past experience, driver qualifications, extra services available to the public and the amount of the franchise fee payable to the City. One or more franchisees shall be selected by the City Council. Upon selection, each franchisee shall enter into a franchise agreement with the City, which shall have a term of three years. Said agreement may impose obligations on the franchisee which are additional to, but not inconsistent with, those imposed by this chapter, including: insurance, performance bonds, driver's qualifications and permits, inspection of books and records, and safety inspections for equipment, maintenance and operations. Upon expiration of the term of said agreement or upon revocation of the franchise as described in this chapter, the successor franchisee shall be selected by the City Council through the competitive bidding process described above. If a franchise term has expired, nothing shall prohibit the original franchisee from competing for a new three year term. However, any franchises whose franchise has been revoked shall be prohibited from competing for award of a franchise for a term of three years.

(§ 1, Ord. 2930 c.s. eff. April 2, 2004, as amended by § 2, Ord. 3132 c.s., eff. July 2, 2015)

The City Council shall require an annual fee payable to the City by the franchisee for the privilege of receiving the franchise for each year of any franchise awarded. Said fee shall be due upon execution of the franchise agreement by the City and the anniversary date thereof in each successive year of the term of the franchise. Failure to pay the franchise fee when due shall be cause for revocation of the franchise.

(§ 1, Ord. 2930 c.s. eff. April 2, 2004)

The total number of cabs permitted to operate under the terms of all franchises granted by the City shall be limited to a number set by the City Manager. Any franchisee allowing cabs not specifically permitted under its franchise agreement or not bearing the decal or tag issued by the City designating it for operation in the City shall be subject to having its franchise revoked as provided for in this chapter. The owner, driver, and president of any company which operates any non-franchised cab picking up passengers within the City boundaries shall be guilty of a misdemeanor. In addition, the City Council declares the operation of such excess cabs to be a public nuisance endangering the health, safety, and welfare of the public and authorizes the City Attorney to obtain injunctive relief against any company accepting passengers within the City without a franchise.

(§ 1, Ord. 2930 c.s. eff. April 2, 2004)

(a) The City Manager shall have the power to revoke a franchise granted under this chapter by serving a notice of revocation on the offending franchisee. Said notice may, when public safety and welfare require, be effective immediately and shall provide in detail the basis for revocation. Otherwise, a revocation shall be effective at the expiration of the appeal period provided below if no hearing is requested or upon the decision of the hearing officer to uphold the revocation if a hearing is requested. The City Manager may serve a revocation notice whenever any of the following occur:

(1) Franchised cabs are not adequately maintained;

(2) The franchisee's required insurance lapses or is canceled;

(3) The franchised cabs have a pattern of vehicle code violations;

(4) Unfranchised vehicles owned by or operating under the authority of the franchisee are operated within the City;

(5) The franchised cabs show a pattern of confirmed customer complaints;

(6) Any franchised cab violates the rate regulations of this chapter;

(7) Any franchised cab violates any other provision of this chapter;

(8) Any franchised company violates any condition of their franchise agreement.

(b) Revocation for any of the above may involve revocation of the offending cab company's entire franchise to operate any cabs in the City, not just revocation of an offending cab's decal. The City Manager may permanently or temporarily revoke a franchise under this section and may reinstate a revoked franchise subject to franchisee compliance with specified conditions.

(c) Any franchisee whose franchise is revoked shall have 10 days from receiving a notice of revocation from the City Manager to request a hearing. If a request for a hearing is timely filed a hearing shall be held with the City Council acting as the Hearing Body. The decision of the Hearing Body shall be final.

(§ 1, Ord. 2930 c.s. eff. April 2, 2004)

(a) Taxicabs only:

(1) Taximeter permanently affixed in prominent view of the passengers;

(2) Radio transmitter and receiver capable of two-way communication with a dispatcher, or a mobile data terminal.

(b) All vehicles for hire:

(1) Permanent fixture to display the driver's identification card in prominent view of the passengers;

(2) Not less than four doors for automobiles, or three forward doors for vans;

(3) Permanently affixed functional seat belts, plainly visible to passengers within, in front and rear seats, in a number sufficient to accommodate each passenger;

(4) Every automobile for hire shall at all times be subject to an inspection by any police officer or any other authorized City inspector.

(c) Safety inspection for drivers and equipment:

(1) Chief of Police will have authority to establish inspection criteria for vehicle equipment and drivers.

(§ 1, Ord. 2930 c.s. eff. April 2, 2004)

(a) Inside Identification. Every taxicab and vehicle for hire used for carrying passengers for hire shall display in the passenger's compartment and in full view of the passenger a card not less than two (2″) inches by four (4″) inches nor more than two and one-half (2 ½″) inches by five (5″) inches, which shall have printed thereon the owner's name, or the corporate or fictitious name under which the owner operates, and the business address and telephone number of such owner, together with the rates to be charged for such vehicle.

(b) Outside Identification. Every taxicab or pedicab or vehicle for hire shall have conspicuously displayed thereon at one or more locations on the outside the name of the owner, or the corporate or fictitious name under which the owner operates, together with the company's telephone number and the cab or vehicle number.

(c) "Vacant" Signs. Every taxicab or vehicle for hire may display a "vacant" sign attached to the top of such cab. Every such sign shall be of a type, which conforms to industry standards, and such sign shall be approved by the Traffic Authority.

(d) Other Signs Prohibited. It is unlawful to display any sign other than those provided in this section on any of the vehicles mentioned in this section without first obtaining the written permission of the Franchise Administrator.

(§ 1, Ord. 2930 c.s. eff. April 2, 2004)

(a) Design--Accuracy. Unless the owner or operator is authorized in writing by the Franchise Administrator to post a schedule of fares in lieu of a taximeter, It is unlawful for any owner operating any taxicab under the provisions of this chapter to operate any such vehicle unless it is equipped with a taximeter. Every taximeter shall be of such type and design as has been accepted by the California Department of Measurement Standards, and shall be maintained at all times in accordance with standards of accuracy established by such department. The Department of Weights and Measures or its authorized agent shall test such taximeters for accuracy in accordance with the procedures of such department.

(b) Placing. All taxicabs and vehicles required to have taximeters must base their charges on the taximeters. All taximeters shall be placed so that the reading dial showing the amount to be charged shall be well lighted and readily discernible by the passenger riding in the vehicle.

(c) Position of Flag. It is unlawful for any driver of a taxicab or vehicle for hire while carrying passengers to display the flag attached to the taximeter in such a position as to denote that such taxicab or vehicle is not employed, or to throw the flag of the taximeter in a recording position when such cab or vehicle is not actually employed, or to fail to throw the flag of such taximeter in a non-recording position at the termination of each and every service.

(§ 1, Ord. 2930 c.s. eff. April 2, 2004)

Any driver employed to carry passengers to a definite point shall take the most direct route possible that will carry the passengers safely, lawfully and expeditiously to their destination.

When a taxicab or vehicle for hire is engaged, the occupants shall have the exclusive right to the full and free use of the passenger compartment, and It is unlawful for the owner or driver of a taxicab to solicit or carry additional passengers therein.

(§ 1, Ord. 2930 c.s. eff. April 2, 2004)

(a) It is unlawful for any owner, driver or agent soliciting patronage for any of the vehicles defined in this chapter to misrepresent by word, sign, hatband, and insignia or badge the identity of the vehicle for which such patronage is sought.

(b) Driver shall not solicit a customer's patronage on any public street in a loud or annoying manner.

(c) Driver shall not solicit, demand or arrange for any compensation in an amount greater or less than the schedule or rates as specified.

(d) Driver shall make an accurate, legible record of all trips, including all service calls directed to him by dispatching personnel, as they occur.

(§ 1, Ord. 2930 c.s. eff. April 2, 2004)

The rates chargeable by any vehicle for hire shall not exceed those rates established in the franchise agreement.

(§ 1, Ord. 2930 c.s. eff. April 2, 2004)

The Franchise Administrator shall have authority to adopt and promulgate such rules and regulations as may be necessary for the service and safety of the operation of the vehicles defined by this chapter, which are not in conflict with the provisions of the Franchise Agreement.

(§ 1, Ord. 2930 c.s. eff. April 2, 2004)

If the City is required to pursue administrative remedies to enforce the provisions of this chapter, up to and including civil action in court, recovery of all associated costs and attorney's fees are hereby authorized.

In addition to or in lieu of any administrative remedies which may be available under this chapter or contractual remedies available for violation of the Franchise Agreement any violation of the provisions of this chapter shall be chargeable as a misdemeanor provided, however, that the City Prosecutor shall have the discretion to treat any such violation as an infraction.

(§ 1, Ord. 2930 c.s. eff. April 2, 2004)

Taximeters placed upon taxicabs to replace broken or faulty taximeters shall not be operated more than 24 hours prior to being inspected, tested, approved, and sealed by an authorized representative of the Chief of Police. Each taxicab or rent car shall bear, at such place on the outside of the vehicle as shall be designated by the Chief of Police, the number of the owner's permit granted for its operation in a type and design directed by the Chief of Police.

(§ 16, Ord. 1072 c.s., as renumbered by § 7, Ord. 2460 c.s., eff. January 15, 1987)

(a) Before a permit is issued to any owner, the vehicle for which such permit is requested shall be delivered to a place designated by the Chief of Police for inspection, and the Chief of Police shall designate agents to inspect such vehicles and their equipment and taximeters, and, in the case of taxicabs, to ascertain whether such vehicles and equipment comply with the provisions of this chapter.

(b) The Chief of Police, or any member of the Police Department under his direction, shall have the right, at any time after displaying proper identification, to enter into or upon any taxicab or rent car for the purpose of ascertaining whether or not any of the provisions of this chapter are being violated.

(c) Any taxicab or rent car which is found, after any such inspection, to be unsafe or in any way unsuitable for taxicab or rent car service shall be immediately ordered out of service, and, before again being placed in service, the vehicle shall be placed in a safe and proper condition.

(d) The interior of every taxicab or rent car shall be thoroughly cleaned at least once in every 24 hours, and all property of value left in any such vehicle by a passenger shall be immediately reported by the owner thereof to the Chief of Police.

(e) Any driver employed to transport passengers to a definite point shall take the most direct route possible which will carry the passenger to his destination safely and expeditiously.

(f) Every driver, if requested, shall give a correct receipt upon the payment of a fare.

(g) All disputes as to fare shall be forthwith determined by the officer in charge of the police station, and if his decision is in favor of the passenger, the driver shall convey him to the police station and back to his original destination without charge. Failure to comply with such determination shall subject the offending party to a charge of misdemeanor.

(h) It is unlawful for any person to refuse to pay the lawful fare regulated by this chapter after employing or hiring the vehicle, and any person so doing shall be guilty of a misdemeanor.

(i) No driver of any taxicab or rent car shall accept, take into his vehicle, or transport any larger number of passengers than the rated seating capacity of his vehicle.

(j) A driver while on duty shall wear a distinctive uniform and cap indicating the name of the owner by whom the driver is employed and shall exhibit to any passenger, or prospective passenger, credentials showing his bona fide employment by such owner. Each driver shall also wear a badge in a conspicuous position bearing his number while on duty. Only such caps and badges shall be worn as have been approved by the Chief of Police.

(k) It is unlawful for a driver to solicit passengers except from a taxicab or rent car stand or while standing immediately adjacent thereto on the curb side thereof.

(l) It is unlawful for a driver of any taxicab or rent car at any time to cruise in search of passengers.

(§ 17, Ord. 1072 c.s., as amended by § 4, Ord. 2281 c.s., eff. October 11, 1979, and as renumbered by § 7, Ord. 2460 c.s., eff. January 15, 1987)