Rialto Municipal Code Ch. 5.40 Taxicabs

Footnotes:

--- (5) ---

For statutory provisions allowing local authorities to license and regulate the operation of any vehicle for hire and the drivers of passenger vehicles for hire, see Veh. Code § 16501. For provisions regarding carriers generally, see Pub. Util. Code § 200 et seq.; for provisions regarding financial responsibilities, see Veh. Code § 16500 et seq.

For the purposes of this chapter, the following words and phrases have the meanings respectively ascribed to them by this section:

A. "Advertise" means to give public notice, either by publication in a newspaper or by means of handbills, placards or other written public notice, or call to the public attention by any means whatsoever.

B. "Bureau" means the bureau of franchises of the city.

C. "Carrier" means every person, firm, corporation, partnership, joint venture or other form of business organization engaged in operating, or causing to be operated, any vehicle required by the provisions of this chapter to be covered by a permit.

D. "Charter vehicle" means every vehicle, other than taxicabs, chauffeured limousines and sightseeing vehicles, used for the public transportation of passengers for compensation over the streets of the city, not over defined routes, to a destination or over a route or routes designated by the hirer thereof when the point of origin is within the city.

E. "Chauffeured limousine" means every vehicle, the seating capacity of which has been specified by the manufacturer to be seven persons or more, but does not include a bus, not equipped with a taximeter, and used for the transportation of passengers for compensation over the streets of the city but not over defined routes, when the point of origin is within the city.

F. "Compensation" means any money, thing of value, payment, consideration, reward, tip, donation, gratuity or profit paid, accepted or received for transportation of a person or persons or for services rendered, whether paid upon solicitation, demand or contract, or voluntarily, or intended as a gratuity or donation.

G. "Driver" means every person driving, operating or in charge of any vehicle regulated by this chapter.

H. "Driver's permit" means a permit issued by the city clerk to any person who operates or drives any vehicle regulated by this chapter.

I. "Sightseeing vehicle" means every vehicle other than taxicabs and charter vehicles used for the transportation of passengers for compensation over the streets of the city, whether or not over defined routes, for sightseeing purposes or showing points of interest, when the route is designated by the carrier and when the point of origin is within the city.

J. "Street" means every public street and road, alley, place, way or highway in the city.

K. "Taxicab" means every vehicle used for the public transportation of passengers over the streets of the city, but not over defined routes, irrespective of whether such operations extend beyond the city, whether or not compensation is paid for such transportation, and whether or not the charge to patrons is determined and indicated by the mechanical calculation of a taximeter as defined herein.

L. "Taximeter" means a mechanical or electronic instrument or device by which the charge for hire of a taxicab is mechanically or electronically calculated, either for distance traveled or for waiting time, or both, and upon which such charge is plainly registered by means of figures indicating dollars and cents.

M. "Taxistand" means a place on a public street designated by the bureau for the use, while awaiting employment, of a vehicle covered by this chapter.

N. "Temporary driver's permit" means a permit issued by the city licensing officer to any person who temporarily operates or drives any vehicle regulated by this chapter.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

The definitions set forth in Section 5.40.010 shall not include limousines used as a part of a funeral service.

(Ord. 983 (part), 1986)

No taxi carrier shall operate, or permit to be operated, any vehicle under the provisions of this chapter, unless and until such vehicle is covered by public liability insurance of not less than one hundred thousand dollars for the injury or death of one person, and three hundred thousand dollars for the injury or death of two or more persons in any one accident, and property damage insurance of not less than fifty thousand dollars for any one accident, and the policy of such insurance or certificate thereof in an insurance company approved by the bureau has been filed with the bureau. Such policy or certificate shall set forth with particularity the make, model, year and other identifying data of each vehicle covered by such policy, together with the expiring date of such policy and other required information.

(Ord. 983 (part), 1986)

No permit shall be granted to any carrier to operate any vehicle covered by this chapter whose color scheme, name, trade name, monogram or insignia is in conflict with, or in imitation of, any color scheme, name, trade name, monogram or insignia used by any other carrier as defined in this chapter, and which is of such character and nature as to be misleading or deceptive to the public.

(Ord. 983 (part), 1986)

Each vehicle operated pursuant to the terms of this chapter shall be numbered. Such number shall be painted upon the body of the vehicle in numerals not less that four inches nor more than six inches in height in a position, or positions, approved by the bureau.

(Ord. 983 (part), 1986)

No advertising or advertising device shall be placed on or in any vehicle operated under the provisions of this chapter without the approval of the bureau.

(Ord. 983 (part), 1986)

All vehicles operated by any carrier as defined in this chapter shall, before being placed in service, be approved by the city licensing officer. All such vehicles shall be of a design and type of construction to comply with orders and regulations pertaining to such equipment adopted from time to time by the bureau. Such vehicles shall at all times be kept in a clean and sanitary condition and in a good state of repair, and be subject to inspection at all times by the bureau or its representative. Any vehicle which becomes unsafe, unclean, unserviceable or mechanically defective may be retired from service upon order of the bureau, and no vehicle which has been so retired shall be again operated in such service, except with approval of the bureau. All taxicabs shall, at all times, be subject to any inspection by the city licensing officer or his/her designee or health official of the city.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

It is unlawful for any person to hire any vehicle defined in this chapter with intent to defraud the person from whom it is hired or engaged of the value of such service.

(Ord. 983 (part), 1986)

It is unlawful for the driver of any vehicle, upon receiving full payment for a fare as indicated by the taximeter or for services rendered, to refuse to give a receipt upon the request of any person making such payment. When the taximeter is of the so-called "receipt type," a receipt shall always be offered the passenger upon receiving payment without a request therefor being made.

(Ord. 983 (part), 1986)

Whenever a notice is required to be given, unless different provisions are otherwise specifically made in this chapter, such notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope, postage prepaid, addressed to the person to be notified at his/her last known business or residence address as the same appears in the public records or other records pertaining to the matter to which such notice is directed. Service by mail is deemed completed at the time of deposit in the post office. Proof of giving such notice may be made by an affidavit of any person over the age of eighteen years, which affidavit shows service in conformity with this chapter or other provisions of law applicable to the subject matter concerned.

(Ord. 983 (part), 1986)

Upon the granting of any permit to any carrier as provided by this chapter, a copy of such permit shall be transmitted by the bureau to the chief of police who is charged with the duty of enforcement of all provisions of this chapter and other provisions pertaining to the operation of vehicles for hire.

(Ord. 983 (part), 1986)

A bureau of franchises is created consisting of the city council. The bureau performs such services as are delegated to the bureau by this code and such other duties prescribed by order of the city council.

(Ord. 983 (part), 1986)

Reserved for future materials.

(Ord. 983 (part), 1986)

The bureau has, subject to the approval of the city council, power and authority to adopt such rules and regulations as are consistent with the provisions of this chapter.

(Ord. 983 (part), 1986)

A person who violates any of the provisions of this chapter or violates any provisions or conditions of any permit issued by the bureau under this chapter to any carrier, is guilty of a misdemeanor and, upon conviction thereof, may be fined not more than one thousand dollars or may be imprisoned for not more than six months or may be subject to both such fine and imprisonment.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

No person shall drive, operate or cause to be operated, nor shall any person employ, permit or allow another to drive, operate or cause to be operated, any taxi, charter vehicle, or sightseeing vehicle over any street, regardless of whether such operation extends beyond the boundary limits of the city, nor shall any person advertise for, solicit, induce, persuade, invite or procure such transportation of passengers without a permit first having been obtained from the bureau except:

A. A vehicle being operated pursuant to a franchise issued by the authority of the State Public Utilities Commission or Interstate Commerce Commission;

B. A vehicle being operated for the purpose of transporting bona fide pupils attending an institution of learning between their homes and such institutions;

C. A vehicle being operated under what is commonly referred to as a "share-the-ride" plan or arrangement where a person en route from his/her place of residence to his/her place of business, or vice versa, transports another person living and working in the same general vicinity upon payment of a sum estimated to cover the actual or approximate cost of operation of the vehicle;

D. Vehicles rented or leased for self-operation by a person using such vehicle under a plan commonly known as "U-drive," but not when transporting other persons for compensation;

E. A towing vehicle being operated in response to calls other than police calls;

F. The bureau finds that the permittee refusing service was not able by reason of unavailability of equipment and personnel to render such service. In making this finding, the bureau may require the permittee to furnish any information reasonably necessary for such determination;

G. A system known as "dial-a-ride" is established to provide low-cost transportation to the handicapped, aged, and other needy persons;

H. Regional and/or local transit system buses or vehicles.

(Ord. 983 (part), 1986)

Any person desiring a permit to operate vehicles covered by this chapter shall file a petition therefor with the city licensing officer. Such petition shall be verified by oath of the applicant, if a natural person; or by oath of an officer or partner of the applicant, if applicant is a corporation, partnership, association or unincorporated company, and which petition shall set forth the name, age, and address of the petitioner, if a natural person; or if a corporation, its name, date and place of incorporation, address of its principal place of business, and the names of all its officers together with their respective residence addresses; or if a partnership, association or unincorporated company, the names of the partners or persons comprising the partnership, association or company, together with their respective ages and residence addresses. The petition shall also state the trade name or style, if any, under which the applicant proposes to operate, full information pertaining to the character and nature of the proposed operations, and the manner in which such proposed operations are to be conducted, the type, model, capacity and condition of the vehicles proposed to be operated, a full statement of the petitioner's assets and liabilities, and such other or additional information as the bureau may require.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

A. The bureau shall, upon receipt of the petition filed pursuant to Section 5.40.170, make full and complete inquiry into the facts set forth therein, hold a hearing thereon upon such notice to interested persons as it prescribes, and either grant or deny a permit upon the proposed terms or upon terms other than those proposed. Such permit is for a specified number of vehicles which shall only be increased by authority of the bureau. Such permit may, at the pleasure of the bureau, be for a prescribed period or for an indefinite period; provided, that, in either event, the permit is subject to revocation, suspension, as provided in this chapter or other city ordinances. When issued, such permit constitutes evidence of compliance with the terms of this chapter, and authorizes the permittee to operate vehicles under the conditions therein specified; subject, however, to the requirements, obligations and limitations imposed by other applicable laws, this code and orders of the bureau, and becomes effective only upon payment of the fees required by the provisions of this code and other ordinances applicable thereto.

B. At, or before, the time the petition is filed with the bureau, the petitioner shall pay the city licensing officer a filing fee as set by resolution of the city council.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

A. No permit shall be granted to any carrier except after a hearing thereon conducted under and in accordance with such rules and regulations as may, from time to time, be prescribed therefor by the bureau and until the bureau has determined that the public convenience and necessity require the operation proposed by the applicant for such permit. The bureau, in determining whether or not such facts exist, takes into consideration the public demand for such service, the adequacy or inadequacy of service being rendered by other carriers, the effect of such service upon traffic, the financial responsibility of the applicant, the amount of wages to be paid to employees, the character of equipment proposed to be furnished, and any and all other facts which the bureau deems relevant.

B. 1.

Before granting any such permit, the bureau shall require the city clerk to present, either orally or in writing, a report together with his/her opinion as to the existence of public convenience and necessity for the operation proposed by the applicant. However, the burden of establishing the existence of public convenience and necessity always is borne by the applicant, and no permit shall be issued unless there has been an affirmative showing of the existence of such public convenience and necessity by the applicant. The foregoing provisions and requirements also apply where an increase in service is requested.

2. In making the above determination the bureau is governed by the following: If the bureau finds that further service in the nature of that proposed in the city is required by the public convenience and necessity, then each holder of a certificate to operate taxi vehicles shall be notified as to the total increase in the number of such vehicles for which the convenience and necessity is found. The bureau shall then determine, subject to approval, reversal or modification thereof by the mayor and city council, whether each such holder shall have the right to increase the number of such vehicles in the same proportions that the total increase bears to the number of such vehicles theretofore operated by the holder. In the event any holder entitled to increase the number of such vehicles as provided under this section fails and neglects or refuses to do so, then the increase to which such holder would have been entitled shall be distributed among all other holders in accordance with the formula herein set forth. Should the existing holders of certificates to operate vehicles in the class proposed to be increased fail to increase their service as herein provided within sixty days from notice of entitlement of the increase, then the applicant shall be entitled to a permit as provided in this chapter upon the condition that the applicant meets all requirements of this chapter and is fit, willing and able to perform such public transportation as has been proposed, and the bureau shall issue a certificate stating the name and address of the applicant, the number of vehicles authorized under such certificate and the date of issuance. Otherwise, the application shall be denied.

C. In making the above findings and determinations, the bureau shall be governed and limited by the following standards:

1. Not more than one taxicab shall be permitted for each three thousand residents of the city. The limitation of not more than one vehicle for the indicated number of residents means one operating vehicle during each hour of any day;

2. Not more than one chauffeured limousine shall be permitted for each twenty-five thousand residents of the city or major portion thereof.

D. The number of residents of the city shall be determined by the bureau.

(Ord. 983 (part), 1986)

No permit issued under the provisions of this chapter shall be sold, transferred, assigned, mortgaged or otherwise conveyed without the consent of the bureau and the city council, and the sale, assignment, mortgaging or otherwise conveying of any such certificate without the consent and approval of the bureau and the city council shall revoke the certificate. Any successor, transferee or assignee shall comply with each requirement and condition of the permit or certificate.

(Ord. 983 (part), 1986)

A. Each permit issued pursuant to this chapter entitles the holder thereof to obtain a license to engage in the business described in the permit upon payment of the fees required by this chapter, provided the holder of such permit complies with all other applicable provisions of law, and this code.

B. Prior to issuance of any such license, the applicant therefor shall obtain from the bureau a certificate showing that a permit is in effect authorizing the proposed service by the applicant, that issuance as required by ordinance is in effect, and describing the vehicles so authorized to be used. The applicant shall file the certificate so issued by the bureau with the license tax collector at the time the license is issued. The license tax collector shall retain such certificate so filed and indicate thereon the serial number of the license issued pursuant thereto.

C. Any permittee holding a valid and effective permit for operation of a charter vehicle is entitled, provided all other applicable laws are complied with, to obtain a license to engage in the business thereby permitted and is, likewise, entitled to receive a certificate from the bureau that such permit or permits are in effect. Each such licensee shall, not later than the tenth day of each month, file with the bureau a verified report covering the operation of charter vehicles by such licensee for the previous calendar month. Such report shall show the date, the place of origin, the ultimate destination, the name of the party employing the vehicle, the type, make and state license number of the vehicle, and such other data as may be required by the bureau upon forms provided by it. Failure to file such report, or if such report is filed incomplete, is grounds for immediate revocation of the permit by the bureau.

(Ord. 983 (part), 1986)

A. The bureau has the power to suspend or revoke any or all of the carrier permits granted under the provisions of this chapter when it has determined that any of the provisions hereof have been violated, or that any holder of such permit has failed to comply with the terms of such permit or the rules and regulations of the bureau pertaining to the operation, character and quality of the service of any such vehicles. Before revocation of such permit, the carrier is entitled to a hearing before the bureau and shall be notified of it.

B. Notice of said hearing shall be in writing and served at least ten days prior to the date of the hearing and shall be served in accordance with guidelines established in Section 5.40.100 of this chapter.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

It is unlawful for any carrier granted a permit under the provisions of this chapter to conduct any operation or give any service other than the service authorized by its permit granted by the bureau.

(Ord. 983 (part), 1986)

All taxicabs except those then being operated under existing carrier permits shall be owned by the carrier to whom a permit to operate such taxicab has been issued, and no permit shall be granted to any carrier for any taxicab unless such taxicab is owned by such carrier.

(Ord. 983 (part), 1986)

Taxicab service shall be available at all times by telephone call, by engagement of the taxicab when standing at a regularly assigned stand, or when hailed from the street or curb. It is unlawful for any carrier or driver of a taxicab to refuse or neglect to transport any orderly person or persons upon request anywhere in the city when a taxicab of such carrier is standing in a regularly assigned taxistand, and such service shall be rendered immediately upon request.

(Ord. 983 (part), 1986)

Taxicab service shall be available to any person within the city, after the proper placing of telephone call for such service within a time lapse not to exceed fifteen minutes from the time the call was received by the carrier.

(Ord. 983 (part), 1986)

It is unlawful for any driver of any vehicle licensed under this chapter, while driving such vehicle, to cruise, loiter or stop on a public street for the purpose of soliciting passengers or seeking a place in a taxistand which is already occupied. It is lawful, however, for such vehicle while proceeding to a regularly assigned taxistand, regularly established call station, or to the carrier's principal place of business, to accept employment when hailed from the street or curb; provided, that it is unlawful for such driver to accept passengers at any of the following places:

A. In any marked or unmarked crosswalk;

B. At any regularly established bus stop;

C. At any place in a street except alongside a curb;

D. Alongside any curb opposite a regularly established and marked traffic safety zone.

(Ord. 983 (part), 1986)

The number of adult passengers which may be carried in any vehicle covered by this chapter is limited to the seating capacity of such vehicle as specified by the manufacturer. The number of passengers consisting of children attending schools below the level of junior high schools which may be carried in any vehicle covered by this chapter is limited to the adult seating capacity of such vehicle, as specified by the manufacturer, plus one. No person shall be carried in such vehicle who is required to share in any way the seating space occupied by another, nor shall any person be carried who is not provided a seat.

(Ord. 983 (part), 1986)

A. 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 destinations, unless otherwise directed by the hirer.

B. When a taxicab is engaged, the person (or persons) engaging such taxicab has the exclusive right to the full and complete use of the passenger compartment, and it is unlawful for the carrier or driver of such taxicab to solicit or carry additional passengers therein; provided, however, that where the bureau finds that public necessity requires the grouping of passengers in such taxicabs, the bureau may issue a special written permit, which permit specifically sets forth the rules and regulations under which such passenger grouping is permitted. It is unlawful for any driver or carrier to operate, or permit to be operated, any taxicab in violation of any of the rules and regulations set forth in such special permits.

(Ord. 983 (part), 1986)

Every taxicab shall be equipped with an identity light attached to the top of such taxicab. Such identity light shall be constructed in one unit consisting of an illuminated plate or cylinder upon which is printed the trade name of the respective taxicab company or as approved by the bureau. The overall dimensions of such identity light shall not exceed six inches in height by twenty inches in length. The lights of the identity light shall be operated manually to illuminate the identity light when the taximeter is not in operation during dark hours and while available for hire, indicating the cab is vacant and for hire, and to extinguish the identity light when the taximeter is in operation. It is unlawful to drive or operate any taxicab with such identity light illuminated while carrying passengers for compensation, and it is unlawful to drive, operate or be in charge of any taxicab unless such identity light is illuminated when such taxicab is for hire.

(Ord. 983 (part), 1986)

A. It is unlawful for any carrier to operate or cause to be operated any taxicab in the city unless and until such taxicab is equipped with a taximeter of a type and design approved by the bureau, and it is the duty of the carrier operating such taxicab, and also of the driver thereof, to keep such meter operating at all times within such standard of accuracy as may be prescribed by the bureau. No passenger shall be carried in any such cab unless the taximeter is in operation. This provision applies regardless of whether the taxicab is engaged for a trip entirely within the boundaries of the city or partially outside thereof, and such meter shall be kept operating continuously during the entire time that it is engaged in the transportation of passengers for compensation, regardless of the point of destination.

B. The taximeter shall be placed in each taxicab so that the reading dial showing the amount to be charged is well lighted and readily discernible to a passenger riding in any such taxicab.

C. Every taximeter used in the operation of taxicabs is subject to inspection at any time by the bureau or any of its representatives. Upon discovery or notice from the bureau of any inaccuracy of such taximeter, the operator thereof shall remove or cause to be removed from service any vehicle equipped with such taximeter until such taximeter has been repaired and accurately adjusted or replaced with one approved by the bureau.

D. Every taximeter shall be inspected and tested for accuracy by the carrier at least once every six months. Upon the completion of such inspection and of any adjustments necessary to cause such taximeter to operate within the standards of accuracy approved by the bureau, the carrier shall place upon such meter a gummed label having printed thereon the following:

"This taximeter was inspected and tested on (date) and found to comply with the standard of accuracy prescribed by the Bureau of Franchises of the City of Rialto."

The date on which such inspection was made shall be stamped in the blank space provided for that purpose. No such label shall be removed except at the time a subsequent inspection is made.

E. It is unlawful for any driver of any taxicab while carrying passengers, to display the flag attached to the taximeter in such a position as to denote that such vehicle is not employed, or to fail to throw the flag of the taximeter to a position indicating the vehicle is unemployed at the termination of each and every service.

F. All charges for taxicab service shall be calculated and indicated by a taximeter and, at all times while the taxicab is engaged, the flag of the taximeter shall be thrown into a position to register charges for mileage, or into a position to register charges for waiting time. No taximeter shall be used whose mechanism will register a combined charge for mileage and waiting time in any single position, and no taximeter shall be so operated as to cause any charge to be registered thereon except during the time while the taxicab is engaged by a passenger or passengers.

(Ord. 983 (part), 1986)

A. No automobile for hire or taxicab for which a permit has been granted shall remain standing upon any portion of any public street within the city for a period of more than three minutes; provided, that the city council may, by order, specify stands at which such automobiles for hire and such taxicabs may be parked pursuant to the provisions of any ordinance or law now in force or that may be hereafter enacted governing the parking of motor vehicles within the city, and may by such order specify the nature and extent of the use to which such stand may be devoted.

B. The stand shall consist of one car space, to be marked off, painted and reserved for such automobile for hire or taxicab only.

C. No permit for a stand shall be granted, save and except upon the filing by the applicant therefor with the city clerk of a verified petition addressed to the city council setting forth the name and business address of the applicant and the stand desired, and accompanying the petition, the written consent of the owner and tenant or owners or tenants of the frontage immediately adjacent to the stand, and the written consent of two-thirds of the property owners and tenants owning or occupying the premises fifty feet on each side of the stand so applied for, and the written approval of the chief of police.

D. The decision of the city council is final and conclusive thereon and the applicant, his/her agent or representative are barred from filing a petition for the stand so refused for six months from the date of the decision.

E. No taxi owner, company or combination of owners or companies shall be granted more than two stands in the city.

F. The city council has the right to establish and grant permits for such temporary emergency stands for a period of thirty days or less, as they may designate, in addition to the stands in this chapter.

G. The operator of the taxicab shall remain within ten feet of the taxi so parked at the stand, except when assisting passengers to load or unload or when answering his/her telephone.

H. The stand and the permit therefor may be revoked in the same manner, upon the same grounds, and by the same procedure as specified under Section 5.40.220.

I. It is unlawful to solicit patronage for an automobile for hire or taxicab upon any public street within the city, except at the place where a stand therefor has been granted by the city council as herein provided.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

No rate or fare shall be placed in effect, charged, demanded or collected by any carrier for the transportation of passengers by vehicles, for its services as covered by this chapter until the bureau, after a hearing upon its own motion, or upon application or complaint, has found and determined such rate to be just, reasonable and nondiscriminatory; nor in any way in violation of any provisions herein contained or any provision of law; nor until such rate or fare has been established and authorized by the bureau with the approval of the mayor and city council. In establishing and authorizing such rates or fares, the bureau takes into account, and gives due and reasonable consideration of, the cost of all comparable transportation services performed by all persons, firms or corporations engaged in such transportation services for compensation in the city, whether by virtue of any franchise granted by the city council or otherwise, including length of haul, any additional transportation service, performed, or to be performed, or of any accessorial service, and the value of the facilities reasonably necessary to perform such transportation services.

(Ord. 983 (part), 1986)

The bureau has power, upon a hearing upon it own motion, or upon application, or complaint, to investigate a single rate of fare or the entire schedule of fares in effect, charged, demanded or collected for the transportation services by vehicles covered by this chapter and, with the approval of the city council, establish a new rate, fare or schedule of fares in lieu thereof.

(Ord. 983 (part), 1986)

Every vehicle used or operated hereunder shall, at all times, have displayed therein, in a location and manner approved by the bureau, the rates to be charged for such service, and which rates shall always be visible.

(Ord. 983 (part), 1986)

For the purpose of this section "waiting time" means the time consumed while the taxicab is not in motion at the direction of a passenger, and also the time consumed while waiting for a passenger after having responded to a call. No charge is made for the time consumed by the premature response to a call, or for the first three minutes following timely arrival at any location in response to a call, or for time lost through traffic interruptions or for delays caused by the inefficiency of the taxicab or its driver.

(Ord. 983 (part), 1986)

It is unlawful for any carrier, or any agent or employee thereof, or any driver or operator of any vehicle covered by this chapter to charge, collect, demand, receive, arrange, solicit or bargain for any amount of compensation in excess of or less than the rates or fares established and authorized by the bureau.

(Ord. 983 (part), 1986)

All disputes as to fare are determined by the officer in charge of the police station. It is unlawful for any owner, driver or operator to charge or collect any sum in excess of or lower than the sum fixed by the schedule of rates filed with the city council.

(Ord. 983 (part), 1986)

Vehicles covered by this chapter shall be operated only by the carrier, if a person, or by a person employed by the carrier, or by a person authorized by a carrier to operate a vehicle under such carrier's permit. All such authorized persons are subject to and shall comply with all the applicable provisions of this chapter, and no carrier shall impose upon such persons any terms or conditions inconsistent with those set forth in this chapter. If the person so authorized is not an employee, the arrangement, contract, or lease under which such authority is exercised shall be in writing, filed with the bureau, and approved by it before becoming effective; provided, however, that the bureau shall not approve any such arrangement, contract or lease if any of the terms thereof are not in conformity with the provisions of this chapter.

(Ord. 983 (part), 1986)

It is unlawful for any carrier to permit the operation of any vehicle licensed to him/her under this chapter by any person other than the holder of a driver's permit issued hereunder, or in any manner contrary to the terms of this chapter.

(Ord. 983 (part), 1986)

A. It is unlawful for any person to drive, operate, or be in charge of any vehicle operated under this chapter without first having obtained a driver's permit, or temporary driver's permit, issued pursuant to this chapter.

B. An applicant for such permit shall:

1. Deposit with the city licensing officer a fee set forth by city council resolution for such permit and secure a receipt therefor. The fee so deposited shall cover the expenses incurred, and no refund shall be made for any reason;

2. Appear personally and file with the city licensing officer an application, in writing, containing such information as the city licensing officer may require, and satisfy the city licensing officer that the deposit in subdivision 1 of this subsection has been made.

C. When an applicant has applied for a driver's permit and paid the fee for such permit, the city licensing officer may, subject to the conditions contained in subsection E of this section, issue a temporary driver's permit, unless otherwise ordered in writing by the bureau. Such temporary driver's permit shall have written or printed thereon the expiration date, which is thirty days from the date of issuance, and also the fact that such permit automatically becomes null and void upon the expiration date. After the expiration of the time so allotted, the temporary permit is of no further force or effect and shall not be renewed or extended. It is also subject to suspension and revocation as provided in Section 5.40.420.

D. The city licensing officer shall promptly make an investigation regarding the character and moral fitness of such applicant. If satisfied that the operation by applicant of a vehicle authorized to be operated under the terms of this chapter is not detrimental to the public health, peace, safety or welfare, he/she, on or before the expiration of the applicant's temporary driver's permit, issues to applicant a driver's permit in the manner hereinafter provided; otherwise, he/she denies the application.

E. No driver's permit or temporary driver's permit shall be issued to any applicant who is under the age of twenty-one years, or who is over twenty-one years and has failed to obtain the appropriate license or permit required by the state.

F. If the city licensing officer has determined that he/she will approve an application for a driver's permit, he/she will issue to the applicant such permit authorizing such applicant to drive, operate or be in charge of any vehicle in the city, operated pursuant to the terms of this chapter.

G. The city licensing officer shall keep a copy of such driver's permit on file in his/her office. Such driver's permit constitutes evidence of compliance with the terms of this chapter, but is subject to all other applicable laws, ordinances or orders of the bureau. Such driver's permit is effective until the expiration date printed thereon, unless suspended or revoked as provided in Section 5.40.420.

H. All permits, except temporary permits, issued as in this section provided, expire on December 31st next following the date of issuance unless previously suspended or revoked. All driver's permits and temporary driver's permits authorized to be issued under this section are effective only while the driver to whom such permit is issued is employed or authorized by a carrier holding a valid permit issued pursuant to this chapter. Upon such driver terminating his/her engagement with such carrier, his/her permit is automatically suspended and becomes effective again only when and if such driver is again engaged by such carrier during the terms for which the permit was issued.

I. A renewal or transfer driver's permit is issued by the city licensing officer to any permittee who has paid the city licensing officer the fee set forth by city council resolution for such transfer or renewal. Application for such renewal or transfer permit shall be made not less than thirty days prior to the expiration of the existing driver's permit.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

A. The city licensing officer may summarily revoke any driver's permit issued under the provisions of this chapter if he/she has knowledge that the holder thereof has been convicted of violating any of the provisions of this chapter or has been convicted of a felony, or the violation of any of the provisions of the State Alcoholic Beverage Control Act, the State Narcotic Law, or of assault, battery, pandering, driving a vehicle while under the influence of intoxicants or narcotics, or reckless driving. Whenever charges involving any of the above offenses are formally made by the filing of a complaint, indictment or information against the holder of such permit, and the city clerk has knowledge thereof, he/she shall temporarily suspend such driver's permit pending determination of such charges, but such suspension shall not remain in force after an acquittal or dismissal of the charges. Notice of such suspension or revocation shall be given to the person involved.

B. Any driver who may be aggrieved by the action of the city licensing officer in suspending or revoking his/her permit, or any applicant who may be aggrieved by the denial by the city licensing officer of his/her application within fifteen days from such denial, suspension or revocation, may apply to the bureau for a hearing as to the matters in question, whereupon a time for such hearing shall be set which shall be not later than thirty days thereafter, at which time a full and complete hearing shall be held before the bureau. At the conclusion of the hearing, the bureau may affirm, modify or overrule the action of the city licensing officer, in which latter event the driver's permit is granted or reinstated, as the case may be, and the decision of the bureau is final. Such hearing, or application therefor, shall not, however, affect the order of suspension or revocation of the city licensing officer, unless and until acted upon and reversed or modified by the bureau.

C. The bureau likewise has power to suspend or revoke a driver's permit either for any of the foregoing reasons or others from which the bureau concludes that a continuation of a driver's activities as such driver is or may be detrimental to the public health, peace, safety or welfare; provided, however, the bureau may take such action only after a hearing for such purpose, which is held after five days' notice, and an opportunity to be heard has been given to such driver.

D. Any driver whose permit is revoked pursuant to this chapter shall not be reinstated or granted a new permit before the expiration of one year from the date of any such revocation.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

It is unlawful for any driver to operate or be in charge of any vehicle licensed by this chapter without having in his/her immediate possession the driver's permit required by this chapter. It is also unlawful for any driver operating, or in charge of any vehicle covered by this chapter to display upon his/her person or to use for the purpose of operating such vehicle a driver's permit issued to another.

(Ord. 1234 (part), 1995: Ord. 983 (part), 1986)

A. The driver of every vehicle covered by this chapter shall keep or cause to be kept a complete and accurate record of each trip upon a daily trip sheet, the form of which shall be approved by the bureau, showing the time and place of origin and destination of the trip, the number of passengers carried, and the mileage and the amount of fare or charge collected. This record shall be filed with the bureau upon request.

B. The trip sheets shall be retained as a record for a period of at least one year, after which time they may be destroyed upon affirmative action therefor by the bureau.

(Ord. 983 (part), 1986)