Reedley Municipal Code Ch. 4 Taxicabs; Vehicles for Hire

Whenever the following words or terms are used in this chapter they shall have the meanings herein ascribed to them:

AUTOMOBILE FOR HIRE: Every automobile or motor propelled vehicle by means of which passengers are transported for hire upon any public street in the city and not over a regular or defined route and irrespective of whether the operation extends beyond the limits of the city or not, except vehicles embraced in the term taxicab and except vehicles and "transportation companies" as herein defined, which include "rental cars".

TAXICAB: Every automobile or motor propelled vehicle by means of which passengers are transported for hire upon any public street in the city and not over a particular or defined route, and irrespective of whether the operations extend beyond the boundary limits of the city or not, where charge for the transportation is measured by the distance traveled or by the time required for such transportation, or both, excepting vehicles or "transportation companies" as herein defined.

TRANSPORTATION COMPANIES: The term "transportation companies" shall be synonymous with the phrase "transportation company" as defined in that certain act of the legislature of the state, approved May 10, 1917, providing for the supervision of transportation of persons and property for compensation over public highways by automobiles, jitney buses, auto trucks, stages and auto stages and all amendments to the act 1 . (Ord. 456, 8-1970)

It shall be unlawful to operate an automobile for hire or a taxicab upon any public street within the city without first having obtained a permit to so do in accordance with the provisions of this chapter and without complying with all the provisions of this code. (Ord. 456, 8-1970)

Any person desiring to obtain a permit required by section 3-4-2 of this chapter shall pay the fee set out in section 3-2-9 of this title and shall make application for the permit as set forth: (Ord. 95-009, 6-13-1995)

A. The name and address of the applicant, and if the same be a corporation, the names of its principal officers, or if the same is a partnership, association or fictitious company, the names of the partners or persons comprising the association or company with the addresses of each.

B. A statement as to whether the permit is desired for an automobile for hire or taxicab.

• C. A description of every motor vehicle which the applicant proposes to use, giving:

• 1. Trade name, year and model.
• 2. Motor and serial number.
• 3. State license number.
• 4. Seating capacity.
• 5. Body style.

6. The street number and exact location of the place where the applicant proposes to stand each such automobile.

D. Proposed schedule of rates or fares to be charged for carrying passengers in such automobile.

E. The distinctive color scheme, name, monogram or insignia which shall be used on the automobile.

F. The past experience of the applicant in the matter to which the requested permit pertains; and the name, address and past experience of the person to be in charge of the premises or business.

G. Whether or not any permit has been revoked, and if so, the circumstances of the revocation.

H. Such further information as the city council, or such official of the city to whom the application may be referred, may require. (Ord. 456, 8-1970)

Upon receipt of any application referred to in section 3-4-3 of this chapter, the city clerk shall set a time, not less than ten (10) or more than thirty (30) days thereafter, for the hearing of the application before the city council and shall give notice of the time so set at least seven (7) days before the date of the hearing to the applicant by mail at the address set forth in the application and by mail to all other permit holders.

At the time set for the hearing of the application, the mayor and city council may examine the applicant and all persons interested in the matter set forth in the application, and shall determine whether or not the public interest, convenience and necessity, require the issuance of the permit applied for. It shall, by resolution, order the license clerk to issue a permit, subject to the filing and approval of an undertaking as hereinafter provided in section 3-4-19 of this chapter. (Ord. 456, 8-1970)

The following reasons shall be sufficient for denial of the permit:

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

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

D. The applicant has, at some time prior, had a permit for the operation of automobiles for hire or taxicabs revoked for reason.

E. It shall appear to the city council that there are a sufficient number of taxicabs and automobiles for hire in the city to fully serve the public and that the granting of more permits would unduly congest traffic and interfere with the free use of the public streets by the public, and that the public interest, convenience and necessity do not require the issuance of the permit.

F. The persons holding permits for the operation of taxicabs or automobiles for hire are under efficient management and are adequately serving the public under normal conditions. (Ord. 456, 8-1970)

It shall be unlawful for any owner granted a permit hereunder to conduct any operation or give any service other than the service authorized by his permit granted by the city council in accordance with provisions of this chapter. (Ord. 456, 8-1970)

The city council shall have the power to suspend or revoke any or all of the owner's permits granted under the provisions of this chapter when it shall have determined that any of the provisions hereof have been violated or that any holder of a permit shall have failed to comply with the terms of the permit or the rules and regulations of the city council pertaining to the operation of and to the extent, character and quality of the service of any such vehicles. Before revocation of the permit, the owner shall be entitled to a hearing thereon before the city council, and shall be notified thereof.

Notice of hearing on such suspension or revocation shall be in writing, and shall be served at least ten (10) days prior to the date of the hearing thereon, such service to be upon the holder of the permit, or its manager or agent, and the notice shall state the grounds of the complaint against the holder of the permit and shall also state the time when, and the place where, the hearing will be held. In the event the holder of the permit cannot be found, or service of the notice cannot be made upon him in the manner herein provided, then a copy of the notice shall be mailed postage prepaid, addressed to the owner, at his last known address, at least ten (10) days prior to the date of the hearing.

The city council shall have the power to determine, after hearing, all issues relative to granting or denying the owner's permits for taxicabs, automobiles for hire or stands. (Ord. 456, 8-1970)

Each taxicab operated pursuant to the terms of this chapter shall be numbered to correspond with the number appearing on the license. The number shall be printed upon the body of the taxicab in numbers not less than four inches (4") nor more than six inches (6") in height, in a position approved from time to time by the license officer. (Ord. 456, 8-1970)

It shall be unlawful for any person to operate any vehicle required by this chapter to obtain a permit, without first obtaining a driver's permit or temporary driver's permit, issued pursuant to this chapter, so to do.

A. The applicant for a permit shall appear personally before the license inspector and file with him an application, in writing, upon blanks to be furnished by the license inspector.

B. When an applicant has applied for a driver's permit, the license inspector shall issue a temporary driver's permit. The temporary driver's permit shall have written or printed thereon the expiration date, and also the fact that the permit shall automatically become null and void after the expiration date. After the expiration of the time so allotted, the temporary permit shall be of no further force and effect and shall not be renewed or extended. (Ord. 95-009, 6-13-1995)

At the time of the issuance of the temporary permit, the applicant for the temporary permit shall be fingerprinted by, and his record filed, in the police department. As soon as possible thereafter, the chief of police shall make an investigation regarding the character and moral fitness of the applicant. If satisfied that the operation by the applicant of the vehicle authorized to be operated under the terms of this chapter will not be detrimental to the public health, peace, safety or welfare, the chief of police shall so notify the finance department and the license inspector shall, upon the expiration of the applicant's temporary driver's permit, issue the applicant a driver's permit in the manner hereinafter provided. Otherwise, he shall deny the application.

A. No driver's permit or temporary driver's permit shall be issued to any applicant who is under the age of twenty one (21) years, or who has failed to obtain a driver's permit from the state, or who has, to the knowledge of the chief of police, been convicted of a felony, or who shall be deemed by him to be morally unfit.

B. The finance department shall keep a copy of the driver's permit on file. The driver's permit shall constitute evidence of compliance with the terms of this chapter, but shall be subject to all other applicable laws, or orders of the city. The driver's permit shall be effective until the expiration date printed thereon which shall not be later than June 30 next following the date of issuance, unless suspended or revoked as herein provided. (Ord. 456, 8-1970; amd. Ord. 95-009, 6-13-1995)

The city council, the chief of police or the city manager shall have the power to revoke or suspend any driver's permit issued hereunder in the event the holder thereof shall be found guilty of a violation of any of the provisions of this chapter or shall be found guilty of reckless driving or for the violation of any other law, which violation, in the sound discretion of the officials, shall be deemed sufficient evidence of the fact that the driver is not a competent person to operate the motor vehicle for which the driver's permit was issued. In the event of such revocation or suspension of the driver's permit and such certificate as may be issued in connection therewith, shall be, by the holder thereof, immediately surrendered to the chief of police. (Ord. 456, 8-1970)

In the event that any permit holder desires to change his schedule of rates and charges or the color scheme, monogram or insignia used on automobiles for hire or taxicabs, or to substitute any vehicle 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 finance department, which permission shall be granted by the city council in its discretion if the city council deems the public interest, necessity and convenience will be subserved by the change, and if the permit holder has complied with all provisions of this chapter. (Ord. 456, 8-1970)

Any motor vehicle for which a permit has been issued hereunder shall be operated by the owner personally, or his employee, on his behalf, and it shall be unlawful for any owner or driver to enter into any contract, agreement or understanding between themselves by the terms of which the driver pays to, or on account of, the owner a fixed or determinable sum for the use of the vehicle. (Ord. 456, 8-1970)

A. Taxicabs: Every taxicab shall have displayed in a conspicuous place in the passenger compartment thereof at all times a sign stating in clear legible characters the rates of fares charged for carrying passengers therein, the owner's name or the fictitious name under which he operates, the business address and telephone number of the owner and the license number furnished by the finance department.

B. Limousines: The driver of every chauffeured limousine shall have in his possession at all times rate cards upon which shall be printed the name and address of the owner of the vehicle and the rates authorized to be charged for the chauffeured limousine service. Every person making inquiry regarding the rates charged by the operator of the chauffeured limousine service shall be furnished with a copy of the printed rates. (Ord. 456, 8-1970)

All rates shall be first approved by the city council. All owners or operators of taxicabs and automobiles for hire shall file with the finance department reasonable and uniform tariffs or schedules of fares. It shall be unlawful to charge, collect or receive any different compensation for the use of the taxicab or automobile for hire than that specified in the tariff or schedule of fares on file and at the time in effect. The tariffs and schedules of fares shall not be amended except with the consent of the city council. (Ord. 456, 8-1970)

It shall be unlawful for any owner or driver to drive or operate any taxicab or automobile for hire, unless there is on file with the finance department and in full force and effect at all times while the taxicab or automobile for hire is being operated, a true copy of a policy of insurance, approved by the city council, in a solvent and responsible company, insuring the owner of the taxicab, or automobile for hire, giving the manufacturer's motor number and serial number thereof, against loss by reason of injury or damage that may result to persons or property from the negligent operation or defective construction of the taxicab or automobile for hire, or from the violation of this chapter or of the laws of the state. The policy may be limited to fifteen thousand dollars ($15,000.00) for injury or death of one person, and to thirty thousand dollars ($30,000.00) for the injury or death of two (2) or more persons in the same accident, and to ten thousand dollars ($10,000.00) for injury or destruction of property, and shall increase so as to conform to any future changes in the law regarding vehicles and taxicabs. The policy of insurance shall guarantee the payment to any and all persons suffering injury or damage to person or property, of any final judgment rendered against the owner, within the limits herein mentioned irrespective of the financial condition or any acts or omissions of the owner and shall insure to the benefit of the persons, if at any time, the policy of insurance shall be cancelled by the company issuing the same, the city council shall require the owner to replace the policy with another policy or bond as herein provided, satisfactory to the city council, and in default thereof may revoke the owner's permit and license. (Ord. 456, 8-1970; amd. Ord. 459, 11-17-1970)

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, their equipment, including lights and brakes, to ascertain whether such vehicles and equipment comply with the provisions of this chapter. In addition, subject to the approval of the city council, the chief of police may set a time interval for inspection of said vehicles, and list the items to be checked during said inspections. (Ord. 456, 8-1970)

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 permit holding taxicab or rental car for the purpose of ascertaining whether or not any of the provisions of this chapter are being violated. (Ord. 456, 8-1970)

A. Unsafe And Unsightly Vehicles: Any taxicab or rental car which is found, after any such inspection, to be unsafe, unclean or unsightly or in any way unsuitable for taxicab or rental car service shall be immediately ordered out of service, and before again being placed in service, shall be placed in a safe and proper condition.

B. Sanitary Requirements: The interior of every taxicab or rental car shall be thoroughly cleaned at least once in every twenty four (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. (Ord. 456, 8-1970)

A. Direct Route Required: Every driver of a taxicab who is engaged to carry passengers shall take the most direct route possible that will carry the passengers safely and expeditiously to their destination, unless otherwise directed by a passenger.

B. Additional Passengers: When a taxicab is engaged, the persons engaging the taxicab shall have the exclusive right to the full and complete use of the passenger compartment, and it shall be unlawful for the driver of the taxicab to solicit or carry additional passengers therein; provided, however, that where the city council finds that public necessity requires the grouping of passengers in taxicabs, the city council may issue, after application, special written permit, which permit shall specifically set forth the rules and regulations under which passenger grouping is permitted. It shall be unlawful for any driver to operate any taxicab in violation of any of the rules and regulations set forth in the special permit.

C. Seating Capacity: The number of passengers which may be carried in any vehicle covered by this chapter shall be limited to the seating capacity of the vehicle as specified by the manufacturer. No person shall be carried in the vehicle who is required to share in any way the seating space occupied by another, nor shall any person be carried who is required to occupy any space in or on the vehicle which does not provide a seat. (Ord. 456, 8-1970)

It shall be unlawful for any person to drive or operate any taxicab other than one bearing the color scheme, name, monogram or insignia set forth in the application for the permit as herein provided. It shall be unlawful for any person to change the color scheme, name, monogram or insignia without first having obtained the consent of the city council. (Ord. 456, 8-1970)

Every person holding a permit issued under the terms of this chapter shall at all times be subject to the laws of the state and all provisions of this code not in conflict with this chapter. (Ord. 456, 8-1970)

It shall be the duty of the chief of police to enforce the provisions of this chapter. (Ord. 456, 8-1970)