San Clemente Municipal Code Ch. 5.40 Taxi Administration Program

Footnotes:

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Editor's note— Prior code history: Prior code Sections 12-1 through 12-53.

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

"City" means the City of San Clemente.

"City Authorization" means City permission to operate a taxicab business in the City.

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

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

"OCTAP" means the Orange County Taxicab Administration Program administered by the Orange County Transportation Authority.

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

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

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

"Taxicab" means a vehicle operated within the jurisdiction of the City, capable of carrying not more than eight (8) persons, excluding the driver, and used to carry passengers for hire. The term shall exclude a vehicle operating as a charter party carrier licensed as such by any state agency, including the Public Utilities Commission, or any other vehicle having a certificate of public convenience and necessity issued by any state agency, including the Public Utilities Commission.

"Taxicab business permit" means a valid permit issued by OCTAP authorizing a person to operate a taxicab business.

"Taxicab vehicle permit" means a permit issued by OCTAP authorizing a particular vehicle to be operated as a taxicab.

(Ord. 1215 § 1 (part), 1998)

A. .....A person shall only operate a taxicab in the City if the owner of that taxicab has a City of San Clemente business license, taxicab vehicle permit and taxicab business permit and the driver has obtained and has in his or her possession a valid driver's permit.

B. .....No owner shall permit a person to operate his or her taxicab(s) within the City unless the owner has a City business license, taxicab vehicle permit and taxicab business permit and the driver has obtained and has in his or her possession a valid driver's permit.

(Ord. 1215 § 1 (part), 1998)

Applications for a driver's permit, taxicab vehicle permit or taxicab business permit shall be made at OCTAP, upon a form provided by OCTAP and shall be accompanied by the application fee established by OCTAP.

(Ord. 1215 § 1 (part), 1998)

No person shall receive or renew a driver's permit unless that person tests negative for controlled substances and alcohol as required by applicable state statutes.

(Ord. 1215 § 1 (part), 1998)

A driver operating a taxicab in the city shall carry with him/her at all times proof of insurance covering that vehicle, with such policy limits and coverage as established by OCTAP and adopted by separate resolution of the City Council. Said proof of insurance must clearly identify the vehicle covered.

(Ord. 1215 § 1 (part), 1998)

No permit issued under this chapter shall be assigned to, or used by, any person or vehicle other than the person or vehicle named in such permit.

(Ord. 1215 § 1 (part), 1998)

A taxicab operated under the authority of this chapter shall be equipped according to the standards established by OCTAP and adopted by separate resolution of the City Council.

(Ord. 1215 § 1 (part), 1998)

A taxicab operated under the authority of this chapter shall be maintained according to the standards established by OCTAP and adopted by separate resolution of the City Council.

(Ord. 1215 § 1 (part), 1998)

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

B. .....A taxicab shall have the following information conspicuously displayed in a prominent location in the taxicab passenger's compartment according to the standards established by OCTAP and/or adopted by separate resolution of the City Council:

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 pursuant to this chapter;

6. The taxicab vehicle permit issued pursuant to this chapter; and,

7. Any other information required by the City.

C. .....A driver shall give a receipt for the amount charged upon the request of the person paying the fare.

D. .....A taxicab shall only be operated if the passenger compartment is kept in a clean and sanitary condition.

E. .....A driver shall not leave his or her taxicab to solicit passengers.

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 OCTAP and/or adopted by separate resolution of the City Council.

(Ord. 1215 § 1 (part), 1998)

No driver shall charge rates and charges other than those established by OCTAP and adopted by separate resolution of the City Council.

(Ord. 1215 § 1 (part), 1998)

The requirements of this chapter are separate and independent from the business licensing and any other provisions under the City's Municipal Code.

(Ord. 1215 § 1 (part), 1998)

Editor's note— Ord. No. 1664, § 10, adopted Sept. 18, 2018, repealed § 5.40.120, which pertained to Penalty and derived from Ord. 1300 § 4, adopted in 2005 and Ord. 1215 § 1 (part), adopted in 1998.