San Leandro Municipal Code Art. 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.

(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.