Chapter 6-6 — TAXIS

Note: Editor's Note: Ordinance No. 2001-016 repealed and replaced Chapter 6-6 in its entirety.

Article 1

Definitions(Legislative History: Ordinance 93-06, 4/5/93; Ordinance 2001-016, 9/4/01)

Unless the context otherwise requires, terms used in this Chapter are defined as follows:

City. "City" shall mean the City of San Leandro.

City Manager. "City Manager" shall mean the City Manager of the City of San Leandro.

Chief of Police. "Chief of Police" shall mean the Chief of Police of the City of San Leandro or designee.

Driver. "Driver" shall mean a person in direct and immediate possession or charge of driving or operating any taxicab for compensation.

Finance Director. "Finance Director" shall mean the Finance Director of the City of San Leandro or designee.

Owner. "Owner" shall mean any person who is a lessee, lien holder, or the holder of legal title to any taxicab, as herein defined.

Public Convenience and Necessity. "Public convenience and necessity" shall mean a genuine need for additional public passenger vehicles for hire, as determined by the City Manager or designee, in order to promptly, adequately and efficiently serve the needs and convenience of the general public.

Taxi or Taxicab. "Taxi" or "taxicab" shall mean an automobile or motor-propelled vehicle with

maximum seating capacity of not more than eight persons, and used for the transportation of passengers who direct the route to be traveled over the streets, and not over a defined route or upon a fixed schedule, for compensation in accordance with the distance traveled and/or the time elapsed and number of passengers carried as determined by a taxi meter as herein defined, or by a flat rate schedule, irrespective of whether the operations extend beyond the boundary lines of the City of San Leandro.

Taxi Meter. "Taxi meter" shall mean an instrument or device attached to the taxicab by means of which instrument the authorized charge is mechanically, electronically or otherwise calculated either on a basis of distance traveled or waiting time, or a combination thereof, which charge shall be indicated upon the taximeter by visible figures in United States dollars and cents.

Taxi Service. "Taxi service" shall mean any service involving a taxicab as defined above. Such service does not include limousines, shuttle services or rental vehicles.

Article 2

Taxicab Business Permit(Legislative History: Ordinance 93-06, 4/5/93; Ordinance 2001-016, 9/4/01; Ordinance 2002-032, 12/9/02 (Section 6-6-205); Ordinance No. 2011-006, 4/4/11 (Section 6-6-205))

(a) No person shall operate or cause to be operated in the City any taxicab unless the Finance Director shall have issued a taxicab business permit for the operation of a taxicab to the owner thereof and unless such taxicab business permit shall be in full force and effect; provided, however, that no taxicab business permit shall be required for any operations for which a certificate or permit has been issued by the public utilities commission of the State or by the interstate commerce commission of the United States of America.

(b) Any taxicab may, however, transport a passenger or passengers from a point outside to a destination within the City or may proceed through the City while en route to a destination outside of the City without issuance of a taxicab business permit.

(c) A taxicab business permit granted pursuant to this chapter constitutes a privilege and does not constitute property of the permittee. No taxicab business permit issued under this Chapter shall be transferable or assignable, either expressly or by operation of law.

The City Manager or designee shall revoke or suspend any driver's identification card in the event the holder thereof violates any of the provisions of this Chapter or is convicted of reckless driving (Vehicle Code Section 23103) or for the violation of any law, which violation, in the discretion of the City Manager or designee, shall be deemed sufficient evidence of the fact that said driver will not operate a motor vehicle in a safe manner. In the event of such revocation or suspension of a driver's identification card, the holder thereof shall return the card to the City Manager. A cardholder may appeal any decision of the City Manager to revoke or suspend a driver's identification card in accordance with the appeal procedure set forth in Article 4 of Chapter 1-12 of this Code.

Application for the renewal of a taxicab business permit shall be made on an annual basis to the Finance Director. The renewal procedure shall be limited to the review and updating of the taxicab business permit application information and the annual vehicle inspection certificate and will be subject to a fee as established by the City Council. The Finance Director will require the permittee to present current confirmation of the items described in Section 6-6-200 with each application for renewal of the taxicab business permit. If there are substantial changes in the owner's information, the Finance Director may require that the owner submit a new application for review and approval.

The applicant for a taxicab business permit shall submit the application fee as set forth in the schedule of fees established by resolution of the City Council.

The Finance Director shall conduct and complete his or her investigation of the application and the proposed operation within 60 days of receiving the application. Upon completion of the investigation, the Finance Director will issue or deny the application for a taxicab business permit. If the Finance Director denies the application pursuant to Section 6-6-225, the Finance Director shall give written notice to the applicant that the application has been rejected and shall state the reason for such rejection.

Grounds for denial of an application for a taxicab business permit are as follows:

(a) Public convenience and necessity, as defined in this chapter, do not require the proposed
service;

(b) The application fails to contain any of the required information set forth in Section 6-6-205
above;

(c) Any information contained in the application is false;

(d) The name under which the applicant will conduct business, or the applicant's proposed
color scheme or other marking, design or insignia, will tend to confuse the identification of
taxicabs which the applicant proposes to operate with those operated under existing taxicab
business permits;

(e) Any vehicle proposed for operation is not safe, and the applicant has failed to remove such
vehicle from service or to substitute a safe vehicle in its place within a reasonable time;

(f) The applicant has failed to comply with any term, condition or requirement in a taxicab
business permit previously issued;

(g) An act or omission of the applicant constitutes a ground for revocation or suspension as
provided in Section 6-6-250 of this Chapter;

(h) The applicant, within 10 years prior to the date of the application has been convicted of a
crime, and the crime is substantially related to the qualifications, functions or duties of a
public transportation business;

(i) The applicant is on parole or probation for a crime, and the crime is substantially related to
the qualifications, functions and duties of a public transportation business;

(j) The applicant, within 10 years prior to the date of application has committed an act
involving violence, dishonesty or fraud with the intent to injure another person or to benefit
the applicant or another;

(k) The applicant has had a taxicab business permit issued under the provisions of this chapter
revoked within five years of the date of the application;

(l) The applicant has had a taxicab business license, permit or certificate revoked by any public
agency within five years of the date of the application;

(m) The applicant has failed to pay when due any applicable taxes or fees imposed by the City;
and/or

(n) Applicant's application for a business license to operate a taxicab business has been rejected
pursuant to Section 2-2-420 of this Code.

The decision of the Finance Director to deny the application for a taxicab business permit may be appealed to the City Manager in the manner provided for appeal of business license denials in Section 2-2-450 of this Code.

An applicant who is denied on the basis of misstated or omitted information must wait for a period of 12 calendar months before submitting a new application.

(a) Permission to operate vehicles in addition to those approved under the initial taxicab business permit may be obtained by filing an application amendment with the Finance Director.

(b) In granting or denying such applications to amend the taxicab business permit application, the Finance Director shall have the same authority as vested by this Chapter in the matter of the initial application.

(c) The Finance Director shall require that applications to amend a taxicab business permit application include the documentation required in Section 6-6-205 of this chapter.

(d) Payment of the change of records fee set in the schedule of fees approved by the City Council shall be made when the application amendment is filed.

The holder of a taxicab business permit may substitute a different vehicle ("new vehicle") for a taxicab in operation under a permit issued pursuant to this Chapter, by filing an application amendment with the City manager or designee in the same manner as the initial application, setting forth the following:

(a) Descriptions of both vehicles, including make, model, vehicle identification number,
license number and year of manufacture;

(b) Reasons for proposed substitution;

(c) A sworn statement that the new vehicle is in safe operating condition, made by either the
proprietor of a public garage engaged in auto repair who is licensed by the State of
California, or by a mechanic licensed by the State and employed by the applicant, who has
inspected the vehicle;

(d) A completed taxicab inspection form, showing the vehicle has successfully passed the
lamp, brake, smog and meter inspections, and the inspection of the Police Department; and

(e) Evidence that the vehicle is covered under the insurance policies required by Section
6-6-475 of this Chapter.

BUSINESS PERMIT.

The Finance Director may revoke or suspend a taxicab business permit on any grounds stated in
this Chapter or on any of the following grounds:

(a) The violation by the permit holder of any of the terms, conditions or requirements of the
taxicab business permit or of this Chapter;

(b) Any act or omission of the permit holder of any fact or condition which, if it existed at the
time the application was filed, would have warranted denial of the application;

(c) Cancellation or suspension of any insurance policy or coverage required of the permit
holder by Section 6-6-475 of this Chapter;

(d) Failure of the permit holder to pay any judgment against the permit holder for personal
injury or death or property damage arising out of the conduct of business under the taxicab
business permit, within 30 days after the judgment has become final;

(e) Overcharge, or attempted overcharge, of fares by permit holder in violation of Section
6-6-400 of this Chapter;

(f) Permit holder's knowledge of, and failure to correct, overcharge or attempted overcharge
of fares in violation of Section 6-6-400 of this Chapter by a driver operating one of the
permit holder's taxicabs;

(g) The violation of any of the laws of the Federal or State government, or local ordinances of
the City, by the permit holder or the driver of any public transportation vehicle covered by
the taxicab business permit;

(h) Permit holder's failure to pay when due any applicable taxes or fees imposed by the City;

(i) Permit holder's failure to act to prevent a driver whom the permit holder has reason to
believe is under the influence of any controlled substance or alcohol in excess of legal
limits from operating a taxicab covered by the taxicab business permit;

(j) Revocation of the owner's business license for operation of a taxicab business pursuant to
Section 2-2-440 of this Code.

No refund of prepaid fees shall be made upon revocation or suspension of any taxicab business
permit pursuant to this section.

Whenever the Finance Director shall determine that there may be grounds for revoking or suspending a taxicab business permit pursuant to Section 6-6-250 above, the Finance Director shall give not less than five days' written notice of the deficiency to the permit holder. The written notice shall require the permit holder to show cause, at a time and place specified in such notice, why the taxicab business permit should not be revoked or suspended. Should the permit holder fail to present evidence at such hearing which establishes that the permit should not be revoked or suspended, the Finance Director shall revoke or suspend the taxicab business permit, taking in consideration the public convenience and necessity, the gravity of the violation, any relevant federal, state and local laws and the potential for harm to the public. The Finance

Director shall give written notice of a suspension or revocation to the permit holder. Within five days of the mailing of the notice of revocation or the notice of suspension, the permit holder shall cease operation of the taxicab business.

The decision of the Finance Director to revoke or suspend the taxicab business permit may be appealed in the manner provided for appeal of business license revocations in Section 2-2-450 of this Code.

All taxicab business permits issued prior to the effective date of this amendment to this Chapter shall be deemed issued pursuant to this Chapter as amended and shall in all respects be subject to the provisions of this Chapter as amended. All current permit holders shall be responsible for meeting all requirements of this Chapter prior to the anniversary date of the issuance of their current permit, or such later date as the Finance Director may allow.

Article 3

Taxicab Driver's Permit(Legislative History: Ordinance 93-06, 4/5/93; Ordinance 2001-016, 9/4/01)

(a) No person shall operate or drive in the City any taxicab unless that person shall have been issued by the Chief of Police a taxicab driver's permit and such permit shall be in full force and effect; provided that no permit shall be required for any operations for which a certificate or permit has been issued by the Public Utilities Commission of the State or by the Interstate Commerce Commission of the United States of America.

(b) Any driver may, however, transport a passenger or passengers from a point outside to a destination within the City or may proceed through the City while en route to a destination outside of the City without issuance of a taxicab driver's permit.

Any person, upon payment of the application fee established by fee resolution of the City Council, may apply to the City for a taxicab driver's permit to operate a taxicab by filing with the Chief of Police in such form as may be prescribed, an application containing the following information:

(a) The name, age and residence address of the applicant;

(b) The number of years of experience the applicant has operating a taxicab;

(c) The names and business addresses of the applicant's employers during the preceding three
years;

(d) Social security number of the applicant;

(e) A statement as to whether any license, permit or certificate issued to the applicant has been
denied, revoked or suspended by any public authority. The circumstances of said denial,
revocation or suspension shall be fully explained;

(f) A statement as to whether or not the applicant has been convicted of any crime,
misdemeanor or violation of any municipal ordinance or state law (other than minor traffic
and parking offenses), the nature of the offense and the punishment or penalty assessed for
the offense;

(g) The name and business address of the taxicab company by whom the applicant will be
employed or engaged under contract as a taxicab driver;

(h) The endorsement by the owner employing the applicant or engaging the applicant under
contract as a taxicab driver that the applicant has acquired proficient knowledge of the
traffic laws of the State of California and the City, and of the streets of the City, as well as
the ability to read and understand the English language, and to safely operate a taxicab in
the City;

(i) Proof of compliance with federal and state controlled substance and alcohol testing
requirements, including proof that driver has tested negative for controlled substances and
for alcohol as required by Government Code Section 53075.5(b)(3);

(j) Fingerprint records in a manner provided by the Chief of Police and two passport size
photographs of the applicant; and

(k) Such additional information as may be required by the Chief of Police or designee in
support of the public health, safety and welfare.

The applicant for a taxicab driver's permit shall submit a non-refundable application fee as set forth in the general fee schedule established by resolution of the City Council:

The chief of police may deny an application for a taxicab driver's permit filed by any person for any of the following reasons:

(a) The applicant is under 21 years of age;

(b) The applicant is not in possession of a valid driver's license issued by the California
Department of Motor Vehicles for the type of vehicle the applicant proposes to use as a
taxicab in the City;

(c) The applicant has received a positive result in any random test for controlled substances
and alcohol within the prior 12 calendar months;

(d) The applicant has failed to provide the information required for the permit application;

(e) Information required on the application was misstated or omitted;

(f) The applicant has been convicted of an offense which requires registration pursuant to
California Penal Code Section 290;

(g) Applicant has been convicted, within a 10 year period prior to the application date, of an
offense involving the sale of a controlled substance specified in Sections 11054, 11055,
11056, 11057, 11058, 11351, 11352, 11358 through 11363 or 11378 through 11380 of the
California Health and Safety Code, or equivalent offenses under the laws of another
jurisdiction, even if expunged pursuant to Penal Code Section 1203.4;

(h) Applicant has been convicted, within a 10 year period prior to the application date, of any
offense involving the use of force or violence upon another person;

(i) Applicant has been convicted of any offense involving sexual misconduct with children or
adults;

(j) The applicant has engaged in any conduct which would constitute an offense as described
in subsections (g) or (h) of this section, during the 10 year period prior to the application
date;

(k) The applicant has been arrested or convicted, during the 10 year period prior to the
application date, of reckless driving or driving under the influence of any drug or
intoxicating liquor, regardless of whether the incident resulted in bodily injury or death;

(l) The applicant is on parole or probation for a crime, and the crime is substantially related to
the qualifications, functions or duties of a taxicab driver;

(m) Applicant has had a taxicab driver's permit or driver's identification card issued pursuant to
this chapter, or issued by another jurisdiction, revoked within the past three years; or

(n) The Chief of Police determines that granting of a taxicab driver's permit would be in
violation of any law or would endanger the public health, peace or safety.

(a) Within 60 days after receipt of the application, the Chief of Police shall issue a taxicab driver's permit to the applicant, if it is determined that no grounds exist for denial of the permit.

(b) The duration of the permit issued pursuant to this chapter shall be for one year from the date of issuance.

(c) Renewal of a taxicab driver's permit shall require a renewal fee, a background check, and proof that the permit holder has tested negative for controlled substances and for alcohol as required by Government Code Section53075.5(b)(3).

Each taxicab driver's permit shall be numbered and signed by the Chief of Police and shall contain the following information:

(a) The date of expiration of the permit;

(b) The driver's name and the driver's license number;

(c) A description of the driver including date of birth, gender, height, weight, color of eyes and color of hair;

(d) The name of the owner by whom the driver is employed or engaged under contract;

(e) The driver's photograph; and

(f) Any other information as may be deemed necessary by the Chief of Police.

A taxicab driver's permit must be displayed in clear view of the passenger of any taxicab operated by the driver. The permit must be so displayed whenever the taxicab is available for hire or carrying passengers within the City. The City may require the display of the permit to be visible from the outside of the taxicab.

(a) The taxicab driver's permit shall be automatically revoked upon the termination of the driver's employment or contract with the owner who endorsed the permit application as required by Section 6-6-305(h) above.

(b) Within 10 days of such termination of employment or contract, the owner-of the taxicab company shall notify the City in writing of such termination.

(c) Within 10 days of such termination of employment or contract, the driver shall surrender his or her taxicab driver's permit to the San Leandro Police Department.

(a) The Chief of Police may approve re-issuance of a taxicab driver's permit to an applicant without requiring the applicant's photograph and fingerprints and the permit fee, if an application endorsed by another owner is filed within six months after the applicant's prior employment or contract with a taxicab business as a driver was terminated. The permit fee shall be waived for only one re-issuance; any subsequent re-issuance may be approved upon payment of a processing fee.

(b) This section does not apply to an applicant whose employment or contract with a taxicab business as a driver was terminated for reasons which constitute any of the grounds for denial, suspension or revocation of a taxicab driver's permit set forth in Section 2-2-345 below.

DRIVER'S PERMIT.

The Chief of Police shall have the power to suspend or revoke a taxicab driver's permit issued
under this chapter, on any grounds stated in this chapter or on any of the following grounds:

(a) Suspension, revocation or expiration of the driver's privilege granted by the California
Department of Motor Vehicles to operate a motor vehicle on the public highways of the
state;

(b) The violation by the driver of any terms, conditions or requirements of the taxicab driver's
permit or of this chapter;

(c) Any act or omission of the driver or any fact or condition which, if it existed at the time the
application for a taxicab driver's permit was filed, would have warranted the denial of the
application;

(d) Failure of the driver to pay any judgment against the driver for personal injury or death, or
property damage arising out of the driver's operation of a taxicab, within 30 days after the
judgment has become final;

(e) Driver's consumption of drugs or alcohol while on duty, or provision of taxi service while
under the influence of drugs or alcohol, or conviction of a crime relating to drugs or
alcohol; or

(f) Driver's overcharge of, or the attempt to overcharge, taxicab fares, as prohibited by Section
6-6-400 of this Chapter.

No refund of prepaid fees shall be made upon revocation or suspension of any taxicab driver's
permit pursuant to this section.

Whenever the Chief of Police shall determine that there may be grounds for revoking or suspending a taxicab driver's permit pursuant to Section 6-6-345 above, the Chief of Police shall give not less than five days written notice of the deficiency to the permit holder. The written notice shall require the permit holder to show cause, at a time and place specified in such notice, why the permit should not be revoked or suspended. Should the permit holder fail to present evidence at such hearing which establishes that the permit should not be revoked or suspended, the Chief of Police shall revoke or suspend the permit, taking in consideration the public convenience and necessity, the gravity of the violation, any relevant federal, state and local laws and the potential for harm to the public. The Chief of Police shall give written notice of a suspension or revocation to the permit holder. Within five days of the mailing of a notice of revocation or a notice of suspension, the driver shall cease providing taxicab service within the City. Within five days of the mailing of a notice of revocation, the permit holder shall return the permit to the San Leandro Police Department.

(a) The Chief of Police may issue an order summarily suspending a taxicab driver's permit for a period not to exceed 10 calendar days without having conducted a hearing therefor, if the Chief of Police determines that the continued use of the permit will cause immediate hazard to the public safety, health or welfare. Testing positive for controlled substances or alcohol shall constitute such an immediate hazard to the public safety, health or welfare. The order of suspension shall be personally served to the permit holder.

(b) Ordering an emergency permit suspension pursuant to subsection (a) above shall not prevent the Chief of Police from simultaneously pursuing a suspension or revocation of the taxicab driver's permit pursuant to Section 6-6-355 above.

An applicant whose permit is denied or a permittee whose permit is suspended or revoked may appeal the decision of the Chief of Police to the City Manager as provided in Title 1, Section 9 of this Code.

All taxicab driver's permits issued prior to the effective date of this amendment to this chapter shall be deemed issued pursuant to this chapter as amended and shall in all respects be subject to the provisions of this chapter as amended. All current permit holders shall be responsible for meeting all requirements of this chapter prior to the anniversary date of the issuance of their current permit or such later date as the Chief of Police may allow.

Article 4

General(Legislative History: Ordinance 93-06, 4/5/93; Ordinance 2001-016, 9/4/01)

(a) No owner or driver shall charge or receive any rates or fares for use of a taxicab greater than those established by resolution of the City Council. Such charges shall be applicable to all portions of the passenger's travel, both inside and outside the City.

(b) Bona fide tips are not prohibited by this section.

(c) Rates and fares for the use of taxicabs permitted under this Chapter shall be adopted by resolution after a public hearing. The City Council may, upon its own motion, or upon application of a holder of a taxicab business permit, adjust such rates and fares to reflect the prevailing rates and fares charged by taxicab businesses in the neighboring cities.

TAXICAB DRIVER'S PERMIT, OUT OF SERVICE SIGN.

(a) No driver shall operate any taxicab permitted under a taxicab business permit unless a schedule of rates and fares for the use of the vehicle is posted in a conspicuous place and in a permanent and secure manner in the passenger compartment. Rates and fares should be printed in text no less than two inches in height.

(b) Each taxicab permitted under a taxicab business permit shall have affixed to the upper right side of the vehicles rear window and the lower left side of the front windshield, the taxicab business permit decal.

(c) No driver shall operate any taxicab permitted under a taxicab business permit without placing a copy of his or her taxicab driver's permit in view of the passengers therein as provided in Section 6-6-330 above.

(d) Each taxicab permitted under a taxicab business permit shall be equipped with an "Out of Service" sign; this sign must use bold type face letters of no less than a two inches height and shall be posted in a conspicuous location on the vehicle any time the taxicab is not available for hire.

(a) No owner, operator or driver of any taxicab, shall in connection with any trip originating or reaching its destination in the City, charge, collect, demand, receive or arrange for any rate for such trip in excess of the amount authorized in accordance with the schedule of rates as posted pursuant to Sections 6-6-400 and 6-6-405 above.

(b) It shall constitute a ground for revocation or suspension of a taxicab business permit and/
or a taxi driver's permit for any owner or driver to charge a greater fare than has been set
by resolution of the City Council.

(c) The owner or driver who overcharges a taxicab fare shall be liable to the person who hires
the vehicle for the difference between the amount of the fare actually charged and the
amount of the fare filed in accordance with this chapter

(d) The remedies provided by this section are in addition to any other legal or equitable remedies, and are not intended to be exclusive.

(a) Every taxicab used for carrying passengers for hire shall display on the rear of the driver's seat in the passenger's compartment and in full view of the passenger, or passengers, a card not smaller than six inches by four inches (or such other standard specified by the City Manager or designee), which shall have printed thereon the owner's name or the fictitious business name under which he or she operates and the business address and the telephone number of such owner. In addition printed on the card shall be the telephone number of the Police Department where passengers can file complaints regarding the rates charged or services rendered by the taxicab driver.

(b) On the upper right side of the vehicle's rear window and on the lower left side of the front windshield of every taxicab approved under a taxicab business permit there shall be placed the permit decal issued to the taxicab owner.

The vehicles of every owner operating in the City shall be of a color scheme and bear the owner's trade name, monogram or insignia which are distinguishable from the color scheme, owner's trademark, monogram or insignia used on the vehicles of any other owner already operating pursuant to this chapter. Such trade name, monogram or insignia shall be clearly readable from a distance of 50 feet, and shall be permanently affixed to each vehicle operated under a taxicab business permit issued pursuant to this chapter. It is unlawful for any person soliciting patronage from any vehicle described in this chapter to represent by mark, sign or insignia that the vehicle for which said person is soliciting such patronage is a vehicle operated by other than the actual owner.

(a) Any person who hires a taxicab shall have the exclusive right to use the taxicab. There shall not be additional charges for any of the person's companions or personal belongings.

(b) No owner or driver shall carry or solicit, or permit to be carried or solicited, any additional passengers unless the person first hiring the taxicab consents to the acceptance of such additional passenger.

(a) No owner or driver of any taxicab shall refuse to provide taxicab service to a person who requests to be taken to a destination within the City, and no fare will be denied on the basis of race, gender, color, religion, national origin, disability or sexual orientation.

(b) The owner or driver may refuse to provide taxicab service only when:

(1) The person requesting such service poses a threat to the driver, other passengers or the public safety;

(2) The service is requested for an unlawful purpose;

(3) The taxicab has already been hired; or

(4) The taxicab is not available for hire and the driver has so indicated by posting an "Out of Service" sign as provided by subsection 6-6-405(d) above.

Unless otherwise directed by the passenger hiring the taxicab, the driver of such taxicab shall take the most direct, expeditious and safe route from the starting point to the destination point.

(a) All taxicabs shall be equipped with a taxi meter in working order, and shall be of a type and design approved by the Chief of Police. The taxi meter shall be arranged and illuminated so that any passenger may conveniently observe it and the amount of fare registered thereon, and shall be subject to inspection at all times by the Chief of Police.

(b) All taxi meters must be certified by the Alameda County Office of Weights and Measures on a yearly basis. The owner will provide the Chief of Police a copy of the inspection certificate with the annual application for renewal of the taxicab business permit.

(c) The Chief of Police shall compel the owner to discontinue the operation of any taxicab in which the taxi meter is found to calculate incorrectly until the taxi meter is repaired or replaced with one in proper working order, and the meter has passed the inspection of the Alameda County Office of Weights and Measures.

(d) Every driver shall at all times maintain the flag attached to the taxi meter in a position to correctly denote whether the vehicle is or is not employed, and shall at all times place the flag of the taxi meter in a non-recording position at the termination of each and every service.

It shall be unlawful for any person to refuse to pay the legal fare of any taxicab after having hired the same, and any person who shall hire any taxicab with the intent to defraud the person from whom it is hired shall be guilty of a misdemeanor.

Each taxicab operated under a taxicab business permit issued pursuant to this chapter shall at all times have all equipment required by the California Vehicle Code including, but not limited to the following:

(a) One operable safety belt for each passenger carried;

(b) A spare tire, capable of being used on any of the wheels of the vehicle;

(c) A set of tools for changing tires;

(d) A hydraulic and emergency braking system in proper operating order;

(e) Safety or shatterproof glass in windshield, windows and doors;

(f) Interior and exterior rearview mirrors;

(g) A fully charged, working fire extinguisher; and

(h) Waybills or trip sheets upon which to record passenger names, time of beginning of trip,
time of end of trip, location where passenger was picked up and location where passenger
was delivered.

Each taxicab operated under the taxicab business permit issued pursuant to this chapter shall be maintained in such condition so that:

(a) All doors, windows, hood and trunk will open and close securely;

(b) The inside of the taxicab and the luggage compartment is free of litter and trash, and does
not soil, rip or otherwise damage the passenger's clothing or effects; and

(c) The exterior of the vehicle is clean and in good repair, and does not have any peeling paint,
paint primer, dents, rust or missing components which are discernable from five feet of the
vehicle.

(a) All taxicabs shall be inspected annually for safety and mechanical fitness in the manner provided for by Section 6-6-2050 )-(l) above. The inspection shall be complete prior to the renewal of the taxicab business permit.

(b) The driver of a taxicab shall inspect the taxicab and its equipment at least once each day.

(c) The registered owner of a taxicab shall be responsible for the safety of each cab. The registered owner shall make diligent efforts to ensure that his or her taxicabs are in safe working order, including routine inspections and daily written documentation of the safety of all taxicabs. The registered owner shall not permit any taxicab to be used when the registered owner, lessee or operator has reason to believe that a taxicab is in an unsafe condition.

(d) Any officer of the City's Police Department may at any time inspect any vehicle being operated pursuant to the provisions of this chapter to insure that it complies with the California Vehicle Code as well as all requirements of this chapter and is in good mechanical order and does not endanger the safety of passengers.

(a) Each holder of a taxicab business permit shall report any accident involving a taxicab of which he or she is the owner and resulting in property damage exceeding $100 or personal injury of any kind to the Chief of Police within 10 days of the accident.

(b) Each taxicab driver shall report to the Chief of Police any driving accident in which he or she is involved resulting in property damage exceeding $500 or personal injury of any kind within ten days after the accident.

(a) The owner shall maintain at all times complete and accurate records of the following:

(1) The names, addresses and dates of commencement and termination of employment or engagement under contract of all drivers;

(2) A description of the taxicab driven by each driver, including make, model, vehicle identification number and license number;

(3) The hours during which each driver is on duty and the number of trips taken by each driver; and

(4) All dispatch calls received and made by the owner, including starting and destination points and times.

(b) The owner shall maintain such records for a minimum period of five years and shall make them available for inspection upon request by any authorized City officer or employee.

(c) The owner shall provide a list of current taxicab drivers to the Chief of Police once per calendar quarter.

(d) The owner's duty to maintain accurate and complete records applies for all taxicabs operated under a taxicab business permit, regardless whether the taxicab is operated by an employee driver, a lessee driver or person operating the vehicle under another legal arrangement.

No owner shall operate a taxicab, or permit the operation of any taxicab for which he or she holds a taxicab business permit issued pursuant to this chapter, in the City unless such taxicab and its driver shall be insured against personal injury, property damage and general liability in the amount of one million dollars ($1,000,000). The City shall be named as an additional insured. Written evidence of such insurance must be filed with the Finance Director designee in the same manner as the initial application and be maintained concurrently with all taxicab operations. All insurance certificates shall include a complete list of the vehicles covered and shall include vehicle identification numbers and vehicle license plate numbers. All policies are subject to verification by the Finance Director.

All taxicab business permittees must have a written controlled substance and alcohol policy for their company and must maintain a mandatory controlled substance and alcohol testing certification program conforming to Part 40 of Title 49 of the Code of Federal Regulations for all drivers of vehicles that will be operated under the permit. A copy of the controlled substance and alcohol policy must be submitted with the owner's taxicab business permit application described in Section 6-6-205.

No taxicab operated under the provisions of this chapter shall be parked on a City residential street or on residential property within view of the street for a period of time longer than one hour.

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.