San Bernardino Municipal Code Ch. 5.76 Taxicabs and Non-Emergency Medical Vehicles

Section

Statutory reference:

For provisions authorizing local authorities to license and regulate vehicles for hire, see Cal. Vehicle Code, §§ 16501, 21100 and 21112

For provisions on privately owned and operated ambulances, see Cal. Vehicle Code, §§ 2500 et seq.

For provisions on the financial responsibility of commercial passenger vehicles, see Cal. Vehicle Code, §§ 16500 et seq.

The ordinance codified in this chapter shall be known as the “Taxicab Ordinance.”

(Ord. 1987, passed 7-7-1953)

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

ADVERTISE. 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.

AMBULANCE. Any privately owned emergency motor vehicle equipped or used for the purpose of providing medical care and medical transportation, primarily intended for and used for emergency transportation, but shall not mean a funeral coach or hearse.

CARRIER. 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 of the city, as amended, to be covered by a permit.

CITY. The City of San Bernardino, California.

COMPENSATION. 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.

DIALYSIS TRANSPORTATION VEHICLE. Any privately owned motor vehicle which is equipped and used exclusively for the purpose of medical transportation of passengers requiring treatment for end stage renal disease at any licensed hemodialysis unit.

DISABLED TRANSPORTATION VAN. A vehicle equipped as a wheelchair transportation vehicle used for the public transportation of disabled persons over the streets of the city but not over defined routes pursuant to an agreement with the city.

DRIVER. Every person driving, operating or in charge of any vehicle regulated by this chapter.

DRIVER’S PERMIT. The permit issued by the Chief of Police to any person operating or driving any vehicle regulated by this chapter.

MEDICAL TRANSPORTATION VEHICLE. Any vehicle included in the definition of an ambulance, a dialysis transportation vehicle or a wheelchair passenger transportation vehicle, which is used for medical transportation.

NON-EMERGENCY MEDICAL TRANSPORTATION. The transportation for hire, except by taxicab or ambulance, of any passengers who may be wounded, sick, injured, ill, incapacitated, infirm, an expectant mother or dead person, to or from any office, facility or institution which regularly offers any type of non-emergency medical care or service.

PERSON. Persons, firms, corporations, associations, syndicates, joint ventures, joint stock companies, partnerships and any other form of business organization.

STREET. Every public street, road, alley, place, way or highway in the city.

TAXI STAND. A place on a public street designated by the city for the use, while awaiting employment, of a vehicle covered by this chapter.

TAXICAB. 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 below.

TAXIMETER. A mechanical instrument or device by which the charge for hire of a taxicab is mechanically 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.

TEMPORARY DRIVER’S PERMIT. A permit issued by the Chief of Police to any person to temporarily operate or drive any vehicle regulated by this chapter.

WHEELCHAIR PASSENGER TRANSPORTATION VEHICLE. Any privately owned motor vehicle equipped or used for the purpose of medical transportation of passengers confined to a wheelchair who are unable to be transported in a normal manner by taxicab or private automobile, but do not require the use of a stretcher, litter or ambulance cot. The use of a stretcher, litter or ambulance cot or other device for the transportation of passengers in a reclining position is prohibited in a WHEELCHAIR PASSENGER TRANSPORTATION VEHICLE.

(Ord. 1987, passed 7-7-1953; Ord. 3486, passed 3-19-1975; Ord. 3584, passed 7-6-1976; Ord. 3943, passed 6-3-1980; Ord. MC-1480, passed 4-18-2018)

Editor’s note:

Definition 21 of the prior code was repealed by Ord. MC-943, passed 6-6-1995.

It is unlawful for any person to drive, operate or cause to be operated, or to employ, permit or allow another to drive, operate or cause to be operated, any taxicab or non-emergency medical transportation vehicle over any street of this city, regardless of whether such operation extends beyond the boundary limits of the city, or to advertise for, solicit, induce, persuade, invite or procure such transportation of passengers, or sick or injured persons for non-emergency transportation without first obtaining a permit from the city, subject to the exceptions set forth in the following divisions (A) through (I) below:

(A) A vehicle or medical transportation vehicle which is lawfully transporting a passenger or a patient from a point outside the city to a destination within the city, or en route to a destination outside the city, is excepted; provided that no such vehicle shall solicit or accept a passenger or patient from within the city for transportation to any destination whatsoever without such permit;

(B) Any private medical transportation vehicle accepting and transporting a patient within the city when such private medical transportation vehicle has been requested or summoned by any police, fire or civil defense authority or has been informed by the person requesting such transportation that no permittee hereunder is willing or able to render such transportation and the City Police Department has been notified that such transportation will be made is excepted; provided that the city may revoke the permit of any permittee refusing such transportation unless the following conditions exist:

(1) The permittee has notified the city in writing of the time and date of each such refusal and the reasons therefor on or before the tenth day of the following month; and

(2) The city 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 city may require the permittee to furnish any further information reasonably necessary for such determination.

(C) A vehicle being operated pursuant to franchise issued by the authority of the State Public Utilities Commission or Interstate Commerce Commission is excepted;

(D) A vehicle being operated for the purpose of transporting bona fide pupils attending an institution of learning between their homes and such institution is excepted;

(E) A vehicle being operated under what is commonly referred to as a “ride share” plan or arrangement, as where a person en route from his or her place of residence to his or 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 is excepted;

(F) A vehicle rented or leased for self-operation by a person using such vehicle under a plan commonly known as “U-Drive,” unless it is used by such person to transport other persons for compensation, is excepted;

(G) Any ambulance or medical transport vehicle maintained, owned or operated by any firm, corporation, copartnership or individual engaged in any business other than the ambulance business in this city, which ambulance or medical transport vehicle is maintained, owned or operated exclusively or primarily for the use and benefit of officers, servants or employees of such firm, corporation, co-partnership or individual is excepted;

(H) Any disabled transportation van operated pursuant to an agreement with the city subject to the terms, covenants and conditions of such agreement and any applicable rules and regulations adopted by the Mayor and City Council; provided that such rules and regulations may be modified or amended by the Mayor and City Council at any time; and

(I) One handicapped transportation van for the handicapped operation pursuant to an agreement with the city subject to the terms, covenants and conditions of such agreement and any applicable rules and regulations adopted by the Bureau of Franchises; provided that such rules and regulations may be modified or amended by the Mayor and City Council at any time.

(Ord. 1987, passed 7-7-1953; Ord. 2979, passed 3-18-1969; Ord. 3486, passed 3-19-1975; Ord. MC-460, passed 5-15-1985; Ord. MC-943, passed 6-6-1995; Ord. MC-947, passed 7-12-1995; Ord. MC-1480, passed 4-18-2018)

(A) Any person desiring a permit to operate vehicles regulated by this chapter shall file a petition therefor with the Department of Finance and Management Services. 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 the 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, then 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 extent, character and nature of the proposed operation; 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 Department of Finance and Management Services may require.

(B) The Department of Finance and Management Services shall, upon receipt of such petition, make full and complete inquiry into the facts set forth therein, hold a hearing thereon upon such notice to interested persons as it shall prescribe and shall either grant or deny a permit upon the proposed terms, or upon terms other than those proposed. Such permit shall be for a specified number of vehicles which shall only be increased by authority of the Director of Finance and Management Services. Such permit may, at the pleasure of the city, be for a prescribed period or for an indefinite period; provided that in either event, the permit shall be subject to revocation or suspension, as provided in this chapter or other ordinances of the city. When issued, such permit shall constitute evidence of compliance with the terms of this chapter, and shall authorize the permittee to operate vehicles under the conditions therein specified; subject, however, to the requirements, obligations and limitations imposed by other applicable laws, ordinances and shall become effective only upon payment of the fees required by the provisions of all ordinances or resolutions applicable thereto.

(C) At or before the time the petition is filed with the Department of Finance and Management Services, the petitioner shall pay to the Department of Finance and Management Services a filing fee of $500, plus $10 for each vehicle proposed to be covered by the permit, or such amount as may subsequently be set by resolution of the Mayor and City Council.

(Ord. 1987, passed 7-7-1953; Ord. 3022, passed 10-21-1969; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)

No permit shall be granted to any carrier, as defined in § 5.76.020, 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 Mayor and City Council and until the Department of Finance and Management Services shall have determined that the public convenience and necessity require the operation proposed by the applicant for such permit. The Department of Finance and Management Services, in determining whether or not such facts exist, shall take 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 Department of Finance and Management Services may deem relevant. Before granting any such permit, the Department of Finance and Management Services shall require its authorized officer to present an oral or written report which shall include his or 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 shall always be 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 such applicant. The foregoing provisions and requirements shall also apply where an increase in service is requested.

(Ord. 1987, passed 7-7-1953; Ord. 3022, passed 10-21-1969; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)

(A) If the Department of Finance and Management Services 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 and/or non-emergency medical transportation vehicles in said class shall be notified as to the total increase in the number of such vehicles for which the convenience and necessity is found. The Department of Finance and Management Services shall then determine, subject to approval, reversal or modification thereof by the City Manager, 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; or whether an applicant shall be granted a permit to provide such service in accordance with the procedures herein provided upon the condition that the applicant meets all the requirements of this chapter.

(B) In making the above findings and determinations, the Department of Finance and Management Services shall be governed and limited by the following standards: not more than one taxicab shall be permitted for each 2,500 residents of the city, or major portion thereof.

(C) The number of residents of the city shall be determined by the current population estimate of the State Department of Finance and Management Services.

(D) The above limitation of not more than one vehicle for the indicated number of residents means one operating vehicle during each hour of any day.

(Ord. MC-119, passed 11-16-1981; Ord. MC-1027, passed 9-9-1998; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)

(A) No permit or certificate of public convenience and necessity shall be sold, transferred, assigned, mortgaged or otherwise conveyed without the approval of the Department of Finance and Management Services, and the sale, assignment, mortgaging, transfer or otherwise conveying any such certificate without the approval of the Department of Finance and Management Services first had and obtained shall revoke the certificate. Any successor, transferee or assignee shall comply with each requirement and condition of the permit or certificate.

(B) Any aggrieved and interested party may appeal to the City Manager from a decision of the Department of Finance and Management Services made pursuant to this section, by filing a written notice of appeal with the Department of Finance and Management Services within ten days of the challenged decision. The City Manager shall provide a hearing of such appeal, with notice and opportunity to present evidence, witnesses and arguments. The formal rules of evidence shall not apply. The City Manager shall issue a written decision explaining the basis of his or her decision on the appeal and a copy of the written decision shall be mailed to the appellant.

(Ord. 1987, passed 7-7-1953; Ord. 3022, passed 10-21-1969; Ord. MC-1017, passed 2-4-1998; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)

Notice of current amendments to this chapter and of scheduled hearings under § 5.76.050 shall be given to applicants for permits or certificates and to firms and persons to whom operating permits and certificates have been issued; provided that failure to give such notice shall not invalidate any decision made, or permit or certificate issued, pursuant to this chapter.

(Ord. 1987, passed 7-7-1953; Ord. 3022, passed 10-21-1969)

(A) A person holding a taxicab permit under the provisions of this chapter and having an agreement with the city authorizing a dial-a-ride service may drive, operate or cause to be driven or operated authorized vehicles on the public streets, subject to the terms, covenants and conditions of said agreement, this chapter and any applicable rules and regulations adopted by the Bureau of Franchises. The Bureau or its Chairperson shall issue a dial-a-ride permit upon execution of the agreement.

(B) The Bureau may adopt rules and regulations governing the operation of such service after giving notice and an opportunity to be heard to all persons, firms, corporations and associations having operating permits or certificates issued under this chapter and other interested persons; provided that such rules and regulations shall not conflict with the provisions of the agreement and may be reversed or modified by the Mayor and City Council at any time during the term of the agreement.

(Ord. 1987, passed 7-7-1953; Ord. 3585, passed 7-6-1976)

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

(Ord. 1987, passed 7-7-1953; Ord. MC-1480, passed 4-18-2018)

(A) The Department of Finance and Management Services shall have 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 a permit has failed to comply with the terms of such permit or the rules and regulations of the city pertaining to the operation, character and quality of the service of any such vehicles. Before revocation of such permit, the carrier shall be entitled to a hearing thereon before the Department of Finance and Management Services and shall be notified thereof.

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

(Ord. 1987, passed 7-7-1953; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)

(A) Each permit issued pursuant to this chapter shall entitle the holder thereof to obtain a license to engage in the business described in the permit upon payment of the fees required by the city’s license ordinance, provided the holder of such permit complies with all other applicable provisions of law or city ordinances.

(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 shall 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 shall be entitled, provided all other applicable laws and ordinances are complied with, to obtain a license to engage in the business thereby permitted and shall, likewise, be 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. A copy of each report shall be filed with the city’s license tax collector and shall be accompanied by payment of the amount due.

(D) In the event any person required to file such monthly report fails to do so, or in the event such reports are found not to be complete, the Bureau may immediately terminate the permits held by such person under this chapter.

(Ord. 1987, passed 7-7-1953)

(A) There shall be displayed upon each vehicle operated pursuant to the terms of this chapter a numbered permit, for the current year, to be issued by the city upon payment of the required license fee. Each such permit shall be securely attached on the rear of any vehicle and shall be plainly visible at all times.

(B) In the event of loss or destruction of any such permit, a renewal permit shall be secured by payment to the Department of Finance and Management Services of a fee of $2 for each such permit, or such fee as shall be subsequently set by resolution of the Mayor and City Council, but no such renewal permit shall be issued except upon application to the Department of Finance and Management Services, and establishing by clear and satisfactory proof that the permit being replaced has been lost or destroyed.

(C) A current and complete description of each vehicle on which a permit is attached or may be attached and displayed shall be filed on an approved form with the Department of Finance and Management Services.

(Ord. 1987, passed 7-7-1953; Ord. 3002, passed 7-15-1969; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)

No carrier which operates non-emergency medical transportation vehicles, wheelchair passenger transportation vehicles, disabled transportation van or dialysis transportation vehicles shall operate or permit to be operated any vehicle under the provisions of this chapter, unless and until such vehicle is covered by the insurance requirements set forth below, and the policy of such insurance or a certificate thereof, in an insurance company approved by the city, has been filed with the Department of Finance and Management Services. Such policy or certificate shall set forth with particularity the make, number and other identifying data of each vehicle covered by such policy, together with the expiration date of such policy, and any other information required by the Department of Finance and Management Services. For non-emergency medical transportation vehicles, wheelchair passenger transportation vehicles, disabled transportation vans or dialysis transportation vehicles, $2,000,000 combined single incident public liability and property damage insurance is required.

(Ord. 1987, passed 7-7-1953; Ord. 3943, passed 6-3-1980; Ord. MC-424, passed 12-18-1984; Ord. MC-943, passed 6-6-1995; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)

Each taxicab carrier and owner of a taxicab or vehicle used in the transportation of passengers for hire shall maintain, whenever he or she may be engaged in conducting such operations, ability to respond in damages resulting from the ownership or operation of the taxicab or vehicle and arising by reason of personal injury to, or death of, any one person, of at least $100,000 and, subject to the limit of $100,000 for each person injured or killed, of at least $300,000 for such injury to, or the death of, two or more persons in any one accident, and for damages to property of at least $50,000 resulting from any one accident. The minimum limits of the foregoing ability to respond in damages shall be maintained or increased to conform with Cal. Vehicle Code, § 16500. Ability to respond in damages may be maintained by either of the alternatives set forth in said § 16500.

(Ord. 1987, passed 7-7-1953; Ord. 3002, passed 7-15-1969; Ord. MC-16, passed 12-9-1980)

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 than four inches nor more than six inches in height in a position or positions approved by the Department of Finance and Management Services. A city permit shall be attached to each vehicle.

(Ord. 1987, passed 7-7-1953; Ord. 2733, passed 4-5-1966; Ord. MC-1480, passed 4-18-2018)

No advertising or advertising device shall be placed on or in any vehicle operated under this chapter without the approval of the Department of Finance and Management Services.

(Ord. 1987, passed 7-7-1953; Ord. 2078, passed 11-8-1955; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)

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 or such carrier is standing in a regularly assigned taxi stand, and such service shall be rendered immediately upon request.

(Ord. 1987, passed 7-7-1953)

(A) 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 taxi stand which is already occupied.

(B) It shall be lawful, however, for such vehicle while proceeding to a regularly assigned taxi stand, 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:

(1) In any marked or unmarked crosswalk;

(2) At any regularly established bus stop;

(3) At any place in a street except alongside a curb; and

(4) Alongside any curb opposite a regularly established and marked traffic safety zone.

(Ord. 1987, passed 7-7-1953)

The rates or fares to be charged the public for taxicab service shall not be more than the maximum rates established by resolution of the Mayor and City Council.

(Ord. 1987, passed 7-7-1953; Ord. 3406, passed 3-4-1974; Ord. 3412, passed 3-19-1974; Ord. 3585, passed 7-6-11976; Ord. 3750, passed 8-21-1978; Ord. MC-497, passed 2-3-1986; Ord. MC-659, passed 5-15-1989; Ord. MC-1172, passed 5-3-2004; Ord. MC-1480, passed 4-18-2018)

The rates which shall be charged the public by non-emergency medical transportation carriers shall be such as are prescribed in the carrier’s permit, and shall not exceed the maximum rates sets forth in the schedule for such charges fixed by resolution adopted by the Mayor and City Council. All rate changes subsequently adopted shall be adopted only after a duly noticed public hearing is held relating thereto.

(Ord. 1987, passed 7-7-1953; Ord. 3585, passed 7-6-11976; Ord. MC-1480, passed 4-18-2018)

(A) The rates or fares to be charged the public for chauffeured limousine and charted vehicle service shall be in accordance with the carrier’s permit and as prescribed by the Bureau and the Mayor and City Council, and shall be not less than the minimum nor more than the maximum rates which are fixed in this section.

(B) The minimum rate shall be $5 per hour or $0.40 per mile, whichever is the greater, and hourly rate shall be computed in fractions of one-half hour. The minimum charge for chauffeured limousine service shall be the rate for the one-half hour.

(C) The maximum rate shall be $7 per hour or $0.60 per mile, whichever is the greater, and the hourly rate shall be computed in fraction of one-half hour.

(D) The foregoing rates shall apply to time or mileage, whichever is the greater, upon departure from the carrier’s principal place of business in the city and until return thereto.

(Ord. 1987, passed 7-7-1953; Ord. 3022, passed 10-21-1969)

No rate or fare shall be placed in effect, charged, demanded or collected by any carrier for the transportation of passengers by vehicle for its services as regulated by this chapter until the Mayor and City Council, after a hearing upon its own motion, or upon application, or complaint, has found and determined the rate to be just, reasonable and non-discriminatory, nor in any way in violation of any provisions herein contained or any provisions of law. In establishing and authorizing such rates or fees, the city shall take into account, and give due and reasonable consideration to 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 Department of Finance and Management Services or otherwise, including length of haul, any additional transportation service performed or of any accessory service, and to value of the facilities reasonably necessary to perform such transportation service.

(Ord. 1987, passed 7-7-1953; Ord. 2078, passed 11-8-1955; Ord. MC-943, passed 6-6-1995; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)

The Bureau shall have power, upon a hearing, upon its own motion or upon application, or complaint, to investigate a single rate or 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 Mayor and City Council, establish a new rate, fare or schedule of fares in lieu thereof.

(Ord. 1987, passed 7-7-1953; Ord. 2078, passed 11-8-1955)

It is unlawful for any carrier, or any agent or employee thereof, or any driver or operator of any vehicle regulated 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 city.

(Ord. 1987, passed 7-7-1953; Ord. MC-1480, passed 4-18-2018)

Every vehicle used or operated under this chapter shall, at all times, have displayed therein, in a location and manner approved by the Department of Finance and Management Services, the rates to be charged for such service, and which rates shall always be visible.

(Ord. 1987, passed 7-7-1953; Ord. 2078, passed 11-8-1955; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)

It is unlawful for any person to refuse to pay the authorized fare of any of the vehicles mentioned in this chapter after having employed the same, and it is unlawful for any person to hire any vehicle, defined in § 5.76.020, with intent to defraud the person from whom it is hired or engaged of the value of such service.

(Ord. 1987, passed 7-7-1953)

(A) 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 lease, contract or other arrangement with a carrier to operate a vehicle under such carrier’s permit; each such authorized person shall be subject to and comply with all the applicable provisions of this chapter, and no carrier shall impose upon such person any contractual terms or conditions inconsistent with those set forth in this chapter. If the applicant is not an employee, the proposed arrangement, contract or lease under which such authority is to be exercised shall be submitted in writing to the Department of Finance and Management Services. The Director of Finance and Management Services shall, after he or she has conducted, or caused to be conducted, such review and investigation as he or she deems necessary, approve or reject the proposed arrangement, contract or lease and shall communicate his or her decision to the applicant within ten days after the proposed arrangement, contract or lease has been submitted. If the Director of Finance and Management Services fails to communicate an adverse decision to the applicant within ten days after the proposed arrangement, contract or lease has been submitted, it shall be deemed rejected. If the Director of Finance and Management Services rejects the proposed arrangement, contract or lease, the applicant may request, in writing, a hearing before the City Manager. The request for a hearing shall be submitted to the City Clerk within five days after the decision of the Director of Finance and Management Services has been communicated to the applicant. The Department of Finance and Management Services shall promptly notify the applicant of the time and place of the hearing which shall not be more than 30 days after the request for hearing has been submitted. The hearing shall be conducted informally pursuant to the provisions of § 5.76.070(B). The decision of the City Manager shall be final. No arrangement, contract or lease shall be approved if any of the terms thereof are not in conformity with the provisions of this chapter.

(B) Such approval may be withdrawn by the City Manager by the mailing of a ten-day notice of intention to the carrier and the driver, subject to the right to request a hearing under the same procedures and standards for the original approval. This provision permitting the withdrawal of approval shall be deemed to be a part of each such arrangement, contract or lease when so approved and neither the carrier nor the driver shall have any legal recourse or right of action arising out of such withdrawal of approval.

(C) A person authorized to operate under carrier’s permit by arrangement, contract or lease shall be deemed to be an independent contractor and shall obtain a city business license.

(Ord. 1987, passed 7-7-1953; Ord. 2154, passed 1-22-1957; Ord. 3585, passed 7-6-1976; Ord. 3877, passed 11-7-1979; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)

(A) The Chief of Police shall conduct an investigation concerning the background, conduct, behavior and character of any applicant to drive a vehicle under a carrier’s permit or of any driver while operating a vehicle under a carrier’s permit in order to present facts or information to aid the Director of Finance and Management Services in determining whether the prospective or continued operation of a vehicle by a driver would be detrimental to the health, safety, peace, general welfare or convenience of the public.

(B) The investigation report shall be forwarded to the Director of Finance and Management Services, who may utilize the report to determine whether to approve or reject an arrangement, contract or lease relating to an applicant or whether such approval should be withdrawn pursuant to § 5.76.280.

(Ord. 1987, passed 7-7-1953; Ord. 3585, passed 7-6-1976; Ord. 3877, passed 11-7-1979; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)

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 shall be in conflict with, or in imitation of, any color scheme, name, trade name, monogram or insignia used by any other carrier, as defined in § 5.76.020, and which shall be of such character and nature as to be misleading or deceptive to the public.

(Ord. 1987, passed 7-7-1953)

Every taxicab shall be equipped with an identity light attached to the top of such taxicab. The identity light shall be constructed in one unit consisting of an illuminated plate or cylinder upon which is printed the words “for hire,” or as approved by the Department of Finance and Management Services. The overall dimensions of such identity light shall not exceed six inches in height by 20 inches in length. The lights of the identity light unit shall be operated automatically or manually to illuminate the identity light when the taximeter is not in operation, 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. None of the foregoing provisions requiring the identity light to be illuminated shall apply during daylight hours.

(Ord. 1987, passed 7-7-1953; Ord. 2154, passed 1-22-1957; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)

(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 shall have the exclusive right to the full and complete use of the passenger compartment, and it is unlawful for the carrier or driver of the taxicab to solicit, or carry additional passengers therein except with the express consent of each of said persons; provided, however, that where the Department of Finance and Management Services finds that public necessity requires the grouping of passengers in such taxicabs, the Department of Finance and Management Services may issue a special written permit, which permits shall specifically set 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.

(C) The number of adult passengers which may be carried in any vehicle covered by this chapter shall be 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 shall be 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.

(D) The provisions of divisions (A) and (B) above shall not apply to dial-a-ride taxicab.

(Ord. 1987, passed 7-7-1953; Ord. 3022, passed 10-21-1969; Ord. 3585, passed 7-6-1976; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)

All vehicles operated by any carrier, as defined in § 5.76.020, shall, before being placed in service, be approved by the Department of Finance and Management Services. All such vehicles shall be of a design and type of construction as shall comply with orders and regulations pertaining to such equipment adopted, from time to time, by the Department of Finance and Management Services. Such vehicles shall, at all times, be kept in a clean and sanitary condition and in a good state of repair, and shall be subject to inspection, at all times, by the Department of Finance and Management Services, or its representative. Any vehicle which becomes unsafe, unclean or unserviceable or mechanically defective shall be retired from service upon order of the Department of Finance and Management Services, and no vehicle which has been so retired shall be again operated in such service except with approval of the Department of Finance and Management Services.

(Ord. 1987, passed 7-7-1953; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)

(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 Department of Finance and Management Services, and it shall be the duty of the carrier operating such taxicab, and also the driver thereof, to keep such meter operating at all times within such standard of accuracy as may be prescribed by the Department of Finance and Management Services. No passenger shall be carried in any such cab unless the taximeter is in operation. This provision shall apply 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; provided that when the point of destination is outside the boundaries of the city from a point within the boundaries, the rate charged for the trip outside of the boundaries may be a flat rate in accordance with a schedule approved by the Mayor and City Council.

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

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

(D) The carrier shall cause each taximeter to be inspected and tested for accuracy 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 County Department of Agriculture/Weights and Measures, the carrier shall cause to be placed 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 San Bernardino County Department of Agriculture/Weights and Measures.” 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. The standard of accuracy prescribed by the Department of Finance and Management Services for each taximeter shall be the same standard established by the County Department of Agriculture/Weights and Measures.

(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.

(G) The provisions of this section shall not apply to a dial-a-ride taxicab.

(Ord. 1987, passed 7-7-1953; Ord. 3002, passed 7-15-1969; Ord. 3022, passed 10-21-1969; Ord. 3585, passed 7-6-1976; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)

(A) Waiting time. For the purpose of this chapter, 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; but no charge shall be made for the time consumed by the premature response to a call, or for the first three minutes following timely arrival of 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.

(B) On-scene time - ambulances. On-scene time for ambulance service shall begin from the time of the arrival of the ambulance at the scene of a medical emergency and shall continue until the vehicle leaves the scene.

(Ord. 1987, passed 7-7-1953; Ord. 2078, passed 11-8-1955; Ord. 2979, passed 3-18-1969; Ord. 3584, passed 7-6-1976; Ord. MC-943, passed 6-6-1995)

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. 1987, passed 7-7-1953; Ord. 2078, passed 11-8-1955)

The holder of a franchise covered by this chapter shall keep a complete and accurate record of each trip showing the time and place of origin and destination of the trip, the number of passengers carried, the mileage and the amount of fare or charge collected.

(Ord. 1987, passed 7-7-1953; Ord. 2154, passed 1-22-1957; Ord. MC-1480, passed 4-18-2018)

The Department of Finance and Management Services shall have the right to inspect any and all books and records of any carrier at any and all reasonable times, and any carrier under this chapter shall keep adequate and complete books and records providing such detail as shall be required by the Department of Finance and Management Services, and failure to keep and maintain such books and records shall be grounds for suspension of any license or permit issued under this chapter.

(Ord. 1987, passed 7-7-1953; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)

It is unlawful for any carrier, or driver of any vehicle operated pursuant to the terms of this chapter, to stand or permit to stand any such vehicle while awaiting employment in front of any residential property, except when answering a call for service at such residential property, or to stand or permit to stand such vehicle at any other place designated by the Department of Finance and Management Services.

(Ord. 1987, passed 7-7-1953; Ord. 3022, passed 10-21-1969; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)

Permits may be issued by the Department of Finance and Management Services to carriers operating pursuant to the terms of this chapter allowing the vehicles of such carriers, while awaiting employment, to stand at certain designated places upon the streets of the city; provided, however, that no such permit shall be granted except upon the written application of the carrier desiring such stand, filed with the Department of Finance and Management Services, stating the proposed location of such stand. Any application for a taxi stand may be acted upon by the Department of Finance and Management Services without notice; providing such application is accompanied by the written consent of the occupant of the first floor of any building of that property in front of which it is desired to establish such vehicle stand, or if any such building is a hotel, the written consent of the manager of the hotel, or if there is no building on the premises in front of which it is desired that such vehicle shall stand, or if there is a building and the first floor is not occupied, then the written consent of the owner, agent or lessee of such building or premises. In the event that the occupant, manager, owner, agent or lessee hereinabove mentioned refuses, fails or neglects to grant consent to the establishing of a taxi stand at the location proposed, the Department of Finance and Management Services shall set a time of hearing on such application, which shall be not less than ten days nor more than 30 days from the time of filing such application, and each and every person qualified under these provisions to make or offer a formal objection to establishing such taxi stand at the location proposed shall be notified in writing not less than five days prior to said hearing, at which time he or she shall be given an opportunity to be heard. Notwithstanding the failure or refusal of the occupant, manager, owner, agent or lessee as hereinabove mentioned to grant consent to the establishing of a taxi stand in front of the building or premises as proposed, or any formal objection offered thereto, the Director of Finance and Management Services, with input from the city’s designated traffic engineer, and with the approval of the City Manager, shall have the right to grant or deny any application for a taxi stand.

(Ord. 1987, passed 7-7-1953; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)

All permits for taxi stands so issued shall contain a provision to the effect that they are and they shall be subject to revocation by the Department of Finance and Management Services with the approval of the City Manager at any time.

(Ord. 1987, passed 7-7-1953; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)

It is unlawful for any vehicle to occupy any regularly established taxi stand unless such vehicle is one being operated by the carrier to which such taxi stand has been assigned as herein provided, except with the consent of the carrier assigned the taxi stand.

(Ord. 1987, passed 7-7-1953; Ord. 3022, passed 10-21-1969)

All applications for taxi stands, or for relocations thereof, shall be accompanied by a fee of $10 for each stand to be established or relocated, or such fee as may be subsequently set by resolution of the Mayor and City Council. Applications for relocation shall be processed in like manner as an original permit. In addition to the filing fee of $10, or such fee as may be subsequently set by resolution of the Mayor and City Council, each application shall contain an agreement on the part of the applicant to reimburse the city for all expenses incurred in locating or relocating a taxi stand, such reimbursement to be made promptly upon being billed by the city.

(Ord. 1987, passed 7-7-1953; Ord. 2367, passed 7-5-1961; Ord. MC-1480, passed 4-18-2018)

In addition to all other fees established by this chapter, there shall become due and payable on November 1 and shall become delinquent on the following January 1 of each year a taxi stand maintenance fee of $15 per year, or such fee as may be subsequently set by resolution of the Mayor and City Council, for each taxi stand assigned to such carrier in return for which the city shall cause each such taxi stand to be maintained by having them painted twice each year.

(Ord. 1987, passed 7-7-1953; Ord. 2367, passed 7-5-1961; Ord. MC-1480, passed 4-18-2018)

Whenever a notice is required to be given, unless different provisions herein are otherwise specifically made, 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 or 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 shall be deemed to have been 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 18 years, which affidavit shows service in conformity with this chapter or other provisions of law applicable to the subject matter concerned.

(Ord. 1987, passed 7-7-1953)

[Reserved]

(Repealed by Ord. MC-277, passed 6-8-1983)

[Reserved]

(Repealed by Ord. MC-277, passed 6-8-1983)

[Reserved]

(Repealed by Ord. MC-277, passed 6-8-1983)

[Reserved]

(Repealed by Ord. MC-943, passed 6-6-1995)

The rates which shall be charged the public by medical transportation carriers shall be such as are prescribed in the carrier’s permit, and shall not exceed the maximum rates sets forth in the schedule for such charges fixed by resolution adopted by the Mayor and City Council. All rate changes subsequently adopted shall be adopted only after a duly noticed public hearing is held relating thereto.

(Ord. 1987, passed 7-7-1953; Ord. 3584, passed 7-6-1976; Ord. 3878, passed 11-7-1979; Ord. 3943, passed 6-3-1980; Ord. MC-190, passed 7-13-1982; Ord. MC-195, passed 8-3-1982)

Every ambulance carrier shall:

(A) Use ambulances equipped with one side exit and rear exit sufficiently large for the placing and removing of patients; the length of an ambulance compartment shall provide adequate space at the head of the stretcher for an ambulance technician to perform proper patient airway maintenance procedures; the patient compartment shall provide space for the ambulance technician to perform external cardiac compression on one patient when positioned at a right angle to the side of the patient; the inside height of the patient compartment shall be a minimum dimension of 52 inches from floor to ceiling;

(B) Equip all ambulances with two stretchers, oxygen and first-aid kits, all of which shall be prescribed by the Bureau; and

(C) Render no free service under any conditions.

(Ord. 1987, passed 7-7-1953; Ord. 2078, passed 11-8-1955; Ord. 3584, passed 7-6-1976)

No ambulance carrier shall operate or maintain any vehicle with a crew of less than two persons, one of whom shall be a qualified driver holding an unexpired permit issued under the provisions of this chapter and at least one member of each of said crews shall have had special experience or instructions in proper methods in moving and handling the sick and injured and first-aid treatment as shall meet the rules and regulations of the health officer of this city, and shall have obtained a certificate from the health officer that he or she is sufficiently proficient. These shall not take effect for 60 days after employment.

(Ord. 1987, passed 7-7-1953; Ord. 2979, passed 3-18-1969)

Any person driving a wheelchair transportation vehicle or a van for transporting handicapped persons shall be a qualified driver holding an unexpired permit issued pursuant to the provisions of this chapter, and shall have had special experience or instruction in proper methods in moving and handling handicapped persons and shall have completed a course in first-aid treatment as established by the American Red Cross or the United States Bureau of Mines.

(Ord. 1987, passed 7-7-1953; Ord. 2979, passed 3-18-1969; Ord. 3486, passed 3-19-1975)

[Reserved]

(Repealed by Ord. MC-943, passed 6-6-1995)

[Reserved]

(Repealed by Ord. MC-943, passed 6-6-1995)

[Reserved]

(Repealed by Ord. MC-943, passed 6-6-1995)

[Reserved]

(Repealed by Ord. MC-277, passed 6-8-1983)

[Reserved]

(Repealed by Ord. MC-460, passed 5-15-1985)

This chapter shall not be construed to apply to the city or to city officers and employees acting in their capacity as such officers or employees.

(Ord. MC-879, passed 6-23-1993)

Upon the granting of any permit to any carrier as provided by this chapter, a copy of such permit shall be transmitted by the Department of Finance and Management Services to the Chief of Police, who is charged with the duty of enforcement of all provisions of this and other ordinances pertaining to the operation of vehicles for hire.

(Ord. 1987, passed 7-7-1953; Ord. MC-1480, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)

[Reserved]

(Repealed by Ord. MC-460, passed 5-15-1985)