San Anselmo Municipal Code Ch. 10 Taxicabs

For the purpose of this chapter, the words and phrases defined in this section shall be construed in accordance with the following definitions:

"Company" includes natural person, firm, association, organization, partnership, business, trust, corporation or public entity.

"Company permit" means a valid permit issued by the JPA authorizing a company to operate a taxicab business.

"Driver" means a person who drives or controls the movements of a taxicab.

"Driver's permit" means a valid permit issued by the JPA authorizing a person to drive or control the movements of a taxicab.

"JPA" means the Marin Streetlight Acquisition Joint Powers Authority.

"Operate a taxicab" means to drive a taxicab and either solicit or pick up passengers for hire in the Town.

"Owner" means the registered owner or lessor of a taxicab.

"Program" means the Marin Street Light Acquisition Joint Powers Authority Taxicab Regulation Program adopted and administered by the JPA.

"Taxicab" means a motor vehicle regularly engaged in the business of carrying passengers for hire, having a seating capacity of less than eight (8) persons and not operating on a fixed route.

"Town" means the Town of San Anselmo.

"Town authorization" means authorization by the Town to operate a taxicab business in the Town.

"Vehicle permit" means a valid permit issued by the JPA authorizing a particular vehicle to be operated as a taxicab.

(§ 1, Ord. 1041 (part), eff. May 26, 2005)

No person or company shall operate or cause the operation of a taxicab in the Town of San Anselmo unless such operation complies with the terms and requirements of the JPA Taxicab Regulation Program.

(§ 1, Ord. 1041 (part), eff. May 26, 2005)

A person shall only operate a taxicab in the Town of San Anselmo if that person possesses a driver's permit. An owner shall only allow a driver to operate a taxicab owned by the owner if that driver possesses a driver's permit.

(§ 1, Ord. 1041 (part), eff. May 26, 2005)

A person shall only operate a taxicab in the Town of San Anselmo if that vehicle displays a vehicle permit. An owner shall only allow a taxicab owned by the owner to be operated in the Town if that vehicle displays a vehicle permit.

(§ 1, Ord. 1041 (part), eff. May 26, 2005)

A company shall only operate a taxicab business in the Town of San Anselmo if that company possesses a company permit.

(§ 1, Ord. 1041 (part), eff. May 26, 2005)

Application for a driver's permit, vehicle permit and/or company permit shall be made to the JPA, upon a form provided by the JPA and shall be accompanied by an application fee sufficient to cover the administrative costs of processing such application as established by the JPA.

(§ 1, Ord. 1041 (part), eff. May 26, 2005)

A driver shall test negative for controlled substances and alcohol as required by the JPA Taxicab Regulation Program and any and all applicable state statutes.

(§ 1, Ord. 1041 (part), eff. May 26, 2005)

A driver operating a taxicab in the Town of San Anselmo shall carry with him/her at all times proof of insurance covering that vehicle, with such policy limits and coverage as established by the JPA. Said proof of insurance must clearly identify the vehicle covered.

(§ 1, Ord. 1041 (part), eff. May 26, 2005)

A taxicab operated under the authority of this chapter shall be equipped according to the standards established by the JPA.

(§ 1, Ord. 1041 (part), eff. May 26, 2005)

A taxicab operated under the authority of this chapter shall be maintained according to the standards established by the JPA.

(§ 1, Ord. 1041 (part), eff. May 26, 2005)

(a) A driver shall only carry a passenger to his/her destination by the most direct and accessible route.

(b) A taxicab shall have all permits issued by the JPA conspicuously displayed according to the standards established by the JPA.

(c) A taxicab shall have the following information continuously posted in a prominent location in the taxicab passenger compartment according to the standards established by the JPA:

(1) a schedule of rates and charges for the hire of said taxicab;

(2) the driver's name and address;

(3) the owner's name, address and telephone number;

(4) the taxicab identification number;

(5) the driver's permit issued by the JPA; and

(6) the vehicle permit issued by the JPA.

(d) A driver shall give a receipt for the amount charged, upon the request of the person paying the fare.

(e) A taxicab shall only be operated if the passenger compartment is kept in a clean and sanitary condition free from offensive odors.

(f) The name or trade name of the owner and the number by which the taxicab is designated shall be printed, stamped or stenciled conspicuously on the outside of each taxicab according to the standards established by the JPA.

(§ 1, Ord. 1041 (part), eff. May 26, 2005)

The requirements of this chapter are separate and independent from the business licensing and any other provisions under the Town Code. Any company, owner and/or driver operating a taxicab in the Town of San Anselmo shall obtain a business license to the extent required under the terms of this Code.

(§ 1, Ord. 1041 (part), eff. May 26, 2005)

The Town of San Anselmo intends to secure compliance with the provisions of this chapter by any of the following alternate, separate and distinct methods. Each method set forth herein is intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations, nor does it prevent utilization of any other enforcement mechanisms and/or penalties available by law. Each day a violation exists constitutes a separate offense. Notwithstanding any other provision of this chapter, each violation of the provisions of this chapter may be enforced alternatively as follows:

(a) Infraction. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter may be prosecuted for an infraction. Written citations for infractions may be issued by police officers or nonsafety employees designated by the Town by separate resolution. Any person convicted of an infraction under the provisions of this chapter shall be punished by:

(1) a fine not exceeding One Hundred and no/100ths ($100.00) Dollars for a first violation;

(2) a fine not exceeding Two Hundred and no/100ths ($200.00) Dollars for a second violation within one (1) year;

(3) a fine not exceeding Five Hundred and no/100ths ($500.00) Dollars for each additional violation within one (1) year.

(b) Misdemeanor. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or by nonsafety employees designated by the Town by separate resolution. Any person convicted of a misdemeanor under the provisions of this chapter shall be punished by a fine not exceeding One Thousand and no/100ths ($1,000.00) Dollars or by imprisonment for a term not exceeding six (6) months, or by both such fine and imprisonment.

(c) Civil Action. The Town Attorney by and at the request of the Town Council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this chapter, as provided by law.

(§ 1, Ord. 1041 (part), eff. May 26, 2005)