Part 1 — TAXICABS - GENERAL PROVISIONS

This chapter is to further the public convenience and necessity of transportation services by taxicabs and limousines, and is enacted pursuant to the Constitution of the State of California and the Charter of the City of San José.

(Ords. 19311, 22459.)

The act or omission of any owner's officer, agent, employee or independent contractor, or of any driver whose services are engaged by any of the above, is for all purposes the act or omission of the owner operating the for-hire transportation services regulated by this chapter.

(Ord. 22459.)

Any notice required under this chapter to be given to the applicant, owner or driver, may be given by first class mail with postage prepaid, at the address designated for such purpose on the application.

(Ord. 22459.)

Part 2 - DEFINITIONS

For purposes of this chapter, certain words and phrases are defined and shall be construed as set forth herein unless it is apparent from the context that a different meaning is intended.

(Ords. 19311, 22459, 29707.)

"Accessible vehicle" shall mean vehicles which comply with the Americans with Disabilities Act of 1990 (ADA) accessibility standards for transportation vehicles or other requirements for accessible vehicles under the ADA or other applicable state or federal authority.

(Ords. 29144, 29707.)

"App" shall mean a self-contained program or piece of software application designed to fulfill requests for dispatch services that is downloadable by a user to a computer or mobile device.

(Ord. 29707.)

"Board" means the San José Appeals Hearing Board as established pursuant to Section 2.08.600 of this Code.

(Ords. 19311, 22459, 28682, 29707.)

"Clean fuel vehicle" shall mean vehicles under the State of California's exhaust emission standards with the following ratings:

A.

Super ultra-low emission vehicle (SULEV) or higher; or

B.

Ultra-low emission vehicle 2 (ULEV 2) which are dedicated to utilizing only alternative fuel, neither gasoline nor diesel, and have a model year less than 2010.

(Ords. 29144, 29707.)

A vehicle is "for-hire" if any fare, rate, fee, charge, or other consideration is payable for the transportation service of the vehicle, whether paid or not.

(Ords. 19311, 22459, 29707.)

A "limousine" is a passenger vehicle for hire, used to transport passengers on public streets. The charge for the use of a limousine is not determined by a taximeter. "Limousine" includes vehicles exhibiting one or

more of the following characteristics:

A.

It does not operate over any fixed or defined route or routes;

B.

It operates between such points and covers such routes as may be directed by the passenger hiring such vehicle; or

C.

The charge for the use of such vehicle is agreed to in advance between the passenger hiring the vehicle and the owner or driver of the vehicle. Such charges may be on a mileage, trip, or time basis, or any combination thereof.

(Ords. 19311, 22459, 29707.)

An "owner" is any natural person, partnership, corporation, firm, or association engaged in the business of operating vehicles for hire. It also includes receivers or trustees appointed by any court.

(Ords. 19311, 22459, 29707.)

A "taxicab" is a passenger vehicle for hire, used to transport passengers on public streets. The charge for the use of a taxicab is determined either:

A.

By a taximeter; or

B.

As a prearranged fare/rate provided by app.

(Ords. 19311, 22459, 29707.)

A "taximeter" is any instrument or device approved for use under the applicable laws of the State of California, which mechanically or electronically calculates the charge for the use of a taxicab. The taximeter registers such charge by means of figures, including dollars and cents, calculated by an initial charge and thereafter a charge for distance traveled, and/or waiting time.

(Ords. 19311, 22459, 29707.)