San Dimas Municipal Code Ch. 5.92 Taxicabs

For the purpose of this chapter, the following words and phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the context that they have a different meaning. Except as otherwise defined herein, the definition of any term used in this chapter is the definition of such term as it is defined and described in the Vehicle Code of the state:

"Automobile for hire"

includes every automobile or motor-propelled vehicle, other than taxicabs, used for the transportation of passengers over the streets of this city and not over a defined route, irrespective of whether such operations extend beyond the boundary limits of the city, at rates per mile, per trip, per hour, per day, per week or per month.

"Business permit"

means a permit issued in accordance with the provisions of Chapters 5.28, 5.32, 5.36 and 5.68 of this code.

"Cruising"

means the driving of a taxicab on the streets, alleys or public places in the city in search of, or soliciting prospective passengers for hire.

"Driver"

means every person in charge of driving or operating any motor-propelled vehicle mentioned in this section, either as agent, employee or otherwise.

"Driver's permit"

means an identifying card or folder issued by the chief of police to each driver, as defined herein, identified as such in the regularly presented application, or for whom. there has been filed with the chief of police a complete dossier as specified in the application. Upon termination of employment, suspension or revocation, the permit shall be surrendered to the licensee, who will then immediately forward the same to the chief of police.

A similar permit issued by a city or county of this state may be accepted in lieu of a permit issued hereunder if approved by the chief of police.

"License"

means a business license issued by the city clerk permitting the operation of those motor vehicles defined herein.

"Licensee"

means the duly accredited holder of a valid business license issued by the city clerk permitting such holder to operate motor vehicles as defined herein.

"Limousine"

means a motor car with a large body commonly known as a six, seven or eight passenger sedan, used to transport passengers for hire.

"Street stand"

means any public place alongside the curb of a street or elsewhere in the city which has been designated as reserved exclusively for use of taxicabs.

"Taxicab"

means every automobile or motor-propelled vehicle of a distinctive color such as is in common usage in this country for taxicabs regularly engaged in the business of carrying passengers for hire not over a fixed route, such vehicle being operated for compensation fixed by a taximeter in accordance with the distance traveled, the time elapsed or both.

"Taximeter"

means a mechanical instrument or device by which the charge for hire of a passenger-carrying motor-propelled vehicle is mechanically registered, calculated or indicated by means of figures in accordance with the distance traveled, the time elapsed or waiting time, or both.

(Prior code § 17-1)

Certain requirements hereafter named are mandatory for the lawful operation of motor vehicles, as defined in Section 5.92.010:

A. Each motor vehicle defined in Section 5.92.010, except limousines, shall carry at all times an identifying sign securely attached to the outside of vehicle showing the name of licensee;

B. For each additional driver employed, an operator's permit shall be obtained in the manner required under this chapter;

C. Every person, while driving a licensed "in service" motor vehicle, shall have on his person a valid driver's permit issued to him or her by the police department, as well as a valid driver's license issued to him or her by the department of motor vehicles of the state;

D. A copy of the schedule of rates in effect at the time shall be made available for inspection in each motor vehicle at the request of a passenger when such vehicle is in service.

(Prior code § 17-2)

All taxicabs shall be equipped with taximeters.

(Prior code § 17-3)

It is unlawful for any person operating a vehicle defined under Section 5.92.010 to operate any such vehicle unless it has, conspicuously posted for passenger observation, approved rates, and it is equipped with a taximeter of such type and design as may be approved by the city council. It shall be the duty of every owner using any taximeter to, at all times, keep such meter accurate, such meters to be subject to inspection from time to time by any police officer of the city or any other authorized inspector delegated for this purpose; upon the complaint of any person, to investigate such taxi-meter; upon the discovery of any inaccuracy of such taximeter, to remove or cause to be removed any such vehicle equipped with such taximeter from the streets of the city until such taximeter has been correctly adjusted.

A. The rates or fares to be charged to the public by vehicles defined in Section 5.92.010 operating over the streets of the city shall be fixed by the city council;

1. No rate shall be placed in effect, charged, demanded or collected for vehicles defined in Section 5.92.010 until the city council, after a hearing on its own motion or upon application or upon complaint, shall have found and determined such rates to be just, reasonable, nondiscriminatory, nonpreferential and in no way in violation of any provision of this chapter or any provision of law; neither shall such rate be placed in effect, charged, demanded or collected until approved and established by the city council,

2. The city council shall have power, upon a hearing, upon its own motion or upon complaint, to investigate a single rate or fare or the entire schedule of rates in effect, charged, demanded or collected, and to establish a new rate or schedule of rates.

B. It is unlawful for any person as owner or driver of any vehicle as defined in Section 5.92.010 operated over the streets of the city to charge, collect, demand, receive or arrange for any compensation for the service of any automobile in this city, used for the conveyance of passengers, any amount, rate or compensation other than the charges or rates regulated and approved by the city council, or for any person to post in such vehicle any schedule of rates or fares which does not comply with the schedule approved and on file with the city council for the particular vehicle so operating.

C. It is unlawful for any person to refuse to pay the legal fare of any of the vehicles mentioned in this chapter after having hired the same.

D. It is unlawful for the driver of any vehicle as defined in Section 5.92.010 while carrying passengers to display any flag, sign or signal denoting that such vehicle is not employed, or to set into operation any taxi-meter at or during any time when a vehicle defined in Section 5.92.010 is not actually employed, or to fail to stop the operating of such taximeter at the termination of the service to any passenger.

(Prior code § 17-4)

The holder of a certificate to operate any vehicle or class of vehicles as defined herein may make application to the city council for a change in the rate schedule. Following such application, the council of the city shall establish a time and place for a public hearing in connection with the change in rates. Notices of such hearing shall be given at least ten and not more than twenty days prior to the date set for hearing. Such notice shall be mailed to the applicant and to all other persons holding certificates permitting the operation of that class of vehicles to which the application applies. The city clerk shall cause a copy of such notice to be published at least once in a newspaper of general circulation, such publication to be in accordance with the time provided for written notice. Any interested persons may object, either orally or by written memoranda, to the proposed change in rates.

After holding the public hearing and examining all of the evidence, the city council may either grant or deny the application for the proposed change in rate. In the event approval is given to the new rate schedule, then all holders of permits for the operation of that class of vehicle to which such rate change is made to apply shall be permitted to change their rates in accordance with the schedule approved by the council.

(Prior code § 17-5)

It is unlawful for the driver of any taxicab or limousine, upon receiving full payment of a fare indicated by the taximeter or otherwise collected, to refuse to give a receipt therefor upon the request of any passenger making such payment.

(Prior code § 17-6)

It is unlawful for any person soliciting patronage for any taxicab or limousine at any place in the city to misrepresent by word, sign, insignia, badge or by any other means the true identity of the owner of the vehicle to be used.

(Prior code § 17-7)

It is unlawful to hire any vehicle as defined under Section 5.92.010 with the intent to defraud the person from whom it is hired.

(Prior code § 17-8)

When any vehicle defined under Section 5.92.010 is engaged by any person, he shall have the exclusive right to the full use of the passenger compartment, and it is unlawful for the owner or driver of such vehicle defined under Section 5.92.010 to solicit or carry additional passengers therein without obtaining the consent of the person first engaging such vehicle.

(Prior code § 17-9)

Permits may be issued as provided in this chapter to the owners of the vehicles herein defined allowing any such vehicles, while awaiting employment, to stand at certain designated places upon the streets of the city; provided, that no such permit or renewal thereof shall be granted except upon the written application of the person desiring such stand, filed with the city council stating the number and kind of vehicle or vehicles for which the permit or renewal thereof is sought, and the proposed location of such stand; provided, that the city council shall have the right to deny an application for a street stand.

A. It is unlawful for the owner or driver of any of the vehicles herein defined to stand or cause or permit such vehicle to stand while awaiting employment at any place other than a stand designated by the city council and assigned to the owner of such vehicle.

B. Except for stands at the home office of any operator or owner, it is unlawful for the owner or driver of any of the vehicles herein defined to leave such vehicle unattended in a stand for a period of time longer than three minutes.

C. All stands may be occupied for the full period of twenty-four hours; provided, that nothing contained in this chapter shall authorize the establishing of a stand at any place in the city where the standing of vehicles is prohibited by law.

(Prior code § 17-10)

No person shall operate, cause, permit or allow to be operated any automobile or motor-propelled vehicle of a class defined herein upon the streets of the city without having first obtained a certificate of public convenience and necessity from the city council.

(Prior code § 17-11)

An application for a certificate shall be filed with the city clerk upon forms provided by the city and such application shall be verified under oath and shall furnish the following information:

A. The name and address of applicant;

B. The name and address of his duly authorized representative, if any;

C. The street and number of the place where such business shall be conducted or carried on;

D. The number of motor vehicles to be placed in service;

E. The make, type and seating capacity of proposed vehicles;

F. A complete schedule of proposed rates;

G. The name of the insurance carrier, and the amount of personal and property liability carried on each motor vehicle together with the name of the nearest representative and his business address;

H. Taxicab color scheme and insignia;

I. Applicant's estimate of the need of taxicab service in the areas which he proposes to serve, and taxicab service in such which are now being provided by others;

J. Such further information as the city council may require.

(Prior code § 17-12)

Upon the filing of an application, the city council shall fix a time and place for public hearing thereon. Notice of such hearing shall be given to the applicant and to all persons to whom certificates of public convenience and necessity have been therefor issued. Due notice shall also be given the general public by posting notice of such hearing in the City Hall. Any interested person may file with the city council a memorandum in support of or opposition to the issuance of a certificate.

(Prior code § 17-13)

If the city council 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 vehicles in such class shall be notified as to the total increase in the number of such vehicles for which the convenience and necessity is found. Each such holder shall then have the right to increase the number of such vehicles in the same proportions that the total increase bears in the number of such vehicles theretofore operated by such holder. In the event any holder entitled to increase the number of vehicles as provided hereunder shall fail and neglect 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 such increase, then the applicant shall be entitled to a license as hereinafter provided upon the condition that such applicant meets all requirements of this chapter and is fit, willing and able to perform such public transportation as has been proposed, and the council 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.

In making the above findings, the city council shall take into consideration the number of vehicles of the same or related class already in operation, whether existing transportation of the same or related category is adequate to meet the public need, the probable effect of increased service on local traffic conditions and the character, experience, responsibility and ability of the applicant to carry out the requirements of this chapter.

(Prior code § 17-14)

Each person to whom a certificate of public convenience and necessity has been issued shall be entitled to obtain a license to engage in the business described in such certificate from the city clerk upon the payment of the license fee.

(Prior code § 17-15)

No person shall operate, permit, cause or allow to be operated any vehicle as herein defined without first obtaining a certificate of public convenience and necessity, business permit and a license therefor.

(Prior code § 17-16)

No certificate of public convenience and necessity shall be issued or continued in operation unless there is in full force and effect, and covering each vehicle classified under Section 5.92.010 a policy of insurance in such form as the city council shall deem proper, executed by an insurance company approved by the council insuring the public against any loss or damage that may result from the operation of such vehicle, and provided further that such policy of insurance shall provide for maximum recovery of not less than the following schedule:

A. For the injury to any one person, or the death of any one person in any one accident, one hundred thousand dollars;

B. For the injury to two or more persons, or the death of two or more persons in any one accident for all vehicles, three hundred thousand dollars;

C. For injury or destruction of property in any one accident, one hundred thousand dollars.

(Prior code § 17-17)

No certificate of public convenience and necessity shall be sold, transferred, assigned, mortgaged or otherwise conveyed without the consent of the city council, and the sale, assignment, mortgaging or otherwise conveying any such certificate without the consent and approval of the council shall revoke such certificate.

(Prior code § 17-18)

A certificate issued under the provisions of this chapter may be revoked or suspended by the city council if the holder thereof has:

A. Violated any of the provisions of this chapter;

B. Discontinued operations for five days or more;

C. Violated any ordinances of the city or the laws of the United States, or the state, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation;

D. Failed to provide adequate service as determined by the city council following a public hearing after receiving evidence relevant thereto.

(Prior code § 17-19)

It is unlawful for the holder of a certificate of public convenience and necessity to increase the number of vehicles authorized by such certificate unless and until there has been compliance with the following conditions:

A. An application for such increase shall be placed on file with the city clerk in the manner specified in Section 5.92.110;

B. Upon the filing of such application the city council shall fix a time and place for hearing, give notice and provide for protest, all in the same manner as provided under Section 5.92.120.

(Prior code § 17-20)

No person shall be entitled to receive a business license to operate a vehicle of a class herein defined without first having received a certificate of public convenience and necessity.

(Prior code § 17-21)

No person shall drive a vehicle which falls within a definition set forth in this chapter without first obtaining a permit therefor, and it is unlawful for any certificate holder to permit the operation of any vehicle authorized under this chapter by a person who has failed to comply with the terms hereof.

(Prior code § 17-22)

Application for a permit as provided herein shall be made through the city clerk and no permit shall be valid until approved by the chief of police. Each applicant shall be fingerprinted and photographed by the police department before issuance of driver's permit. Such application shall be in duplicate and a copy shall be forwarded to the chief of police. The form of the application shall be approved and furnished by the chief of police and contain such information as may be deemed necessary in order to provide for the public safety and welfare.

If a similar permit has not been issued by a city or county of this state, as provided in Section 5.92.010, each such application shall be accompanied by a fee payment in the amount of five dollars.

(Prior code § 17-23)

No person under the age of eighteen years shall operate a motor vehicle for the purpose of transporting passengers for hire.

(Prior code § 17-24)

No person shall drive any vehicle defined in Section 5.92.010 who does not have on his person while so driving a valid driver's permit.

(Prior code § 17-25)

Filing an application for a driver's permit and making any fallacious statement in such application shall be cause for revocation of such person's permit.

(Prior code § 17-26)