Chapter 5.48 — TAXICABS AND TAXICAB OPERATORS

In this chapter, unless otherwise expressly stated:

(a)

Certificate of Public Convenience and Necessity means the certificate issued to a taxicab operator pursuant to this chapter.

(b)

Issuing Authority means the City of San Marcos City Manager or designee.

(c)

Medallion means the pre-numbered decal placed on a taxicab by the San Diego County Sheriff's Department annually, signifying that the "taxicab operator" is authorized to operate the vehicle as a taxicab in the City limits of San Marcos.

(d)

Posted Rate means the rate the operator has registered with the Issuing Officer for transporting passengers and which is posted in the taxicab. The posted rate includes flat rate fares and the fares at which the taximeter has been calibrated and inspected by the Sealer of Weights and Measures.

(e)

Sealer of Weights and Measures means the County of San Diego Department of Weights and Measures.

(f)

Taxicab means a motor vehicle as the term is defined by the California Vehicle Code, used for transportation of passengers for hire, equipped with a taximeter. A taxicab shall be a vehicle designed to transport no more than eight passengers, excluding the driver.

(g)

Taxicab Driver means any person who drives or controls the movements of a taxicab as herein defined, either as agent, employee or otherwise, of the taxicab operator/owner as herein defined.

(h)

Taxicab Operator/Owner means any individual, partnership, firm, association, corporation or other organization owning or operating a taxicab business.

(i)

Taxicab Permit means the annual permit issued to a taxicab operator pursuant to this chapter.

(j)

Taximeter means any device on the inside of a taxicab that is calibrated to calculate the fare earned by the taxicab operator for transporting passengers.

(Ord. No. 2013-1377, 4-23-13)

(a)

Required: No person shall engage in the business of providing taxicab services or operating a taxicab upon any public street within the City without having first obtained a Certificate of Public Convenience. The Certificate of Public Convenience and Necessity shall be valid for the life of the business.

No person shall engage in the business of providing taxicab services or operating a taxicab within the boundaries of the City of San Marcos unless that person holds a currently valid taxicab permit. Taxicab permits shall be valid for a period of one year and must be renewed annually during the life of the business.

(b)

Application: All persons desiring to obtain a Certificate of Public Convenience and a taxicab permit shall file an application on forms provided by the City accompanied by a sworn statement setting forth the following:

(1)

The name and address of the owner(s) or person(s) applying. If corporation, the names of its principal officers. If partnership, association or fictitious company, the names of the partners or persons comprising the association or company with address of each.

(2)

A description of every motor vehicle which applicant proposes to use.

(3)

The name of the legal and registered owner of each such vehicle.

(4)

A description of the proposed color scheme, insignia, trade, style and/or any other distinguishing characteristics of the proposed taxicab design.

(5)

A taximeter/fare rate schedule.

(6)

Such other information as deemed necessary by the issuing authority.

(c)

Fees: The fees to obtain a Certificate of Public Convenience and/or a taxicab permit are set forth as follows:

(1)

Any person desiring to obtain a Certificate of Public Convenience shall pay a non-refundable fee of $25.00 at time of submittal of an application.

(2)

Any person desiring to obtain an annual taxicab permit shall pay a non-refundable fee at the time of submittal of an application in the amount of $50.00 for the first vehicle and $25.00 for each additional vehicle thereafter.

(d)

Investigation; Certificate Issuance: Upon receipt of an application for a Certificate of Public Convenience, an investigation shall be conducted of the applicant and all persons associated with the proposed taxicab business as set forth in the application. The issuing authority shall have the authority to approve the certificate. The issuing authority may consider, but is not limited to, the following in determining whether to approve or deny the certificate:

(1)

Whether or not the public interest, convenience and necessity would be served by the issuance of the permit;

(2)

The adequacy of existing transportation services and public demand for additional services;

(3)

The financial responsibility and experience of the applicant;

(4)

The number, kind and type of equipment and the color scheme to be used;

(5)

What effect the proposed service may have upon traffic congestion and parking;

(6)

Recommendations submitted by Sheriff's Department and/or other reviewing departments of the City;

(7)

Such other relevant facts as the Issuing Officer may deem advisable or necessary.

(e)

Taxicab Permit—Issuance: Upon issuance of a Certificate of Public Convenience and Necessity, the issuing authority shall process the taxicab permit and make a determination as to issuance of said permit. If approved, the permit shall be issued to the applicant subject to any conditions deemed necessary by the issuing authority and provided the applicant has paid the appropriate business license fee as required by Chapter 5.04, Uniform Licensing Procedures. Taxicab permits shall be valid for a period of one year unless earlier suspended, revoked, terminated. Permits may be renewed for successive one-year periods pursuant to the provisions of this chapter.

(f)

Authority to Deny Issuance to Unqualified Applicant: The issuing authority may deny issuance of a taxicab permit to any applicant whose responsibilities or methods of operating its business do not comply with the standards and requirements as determined by the City.

The issuing authority shall notify an applicant in writing of a denial within 60 days of the receipt of the application. Such notice shall be either sent by mail to the applicant's last address provided in the application or be personally delivered, and shall set forth the reasons for such denial of application. The applicant shall also be entitled to appeal provisions pursuant to Section 5.48.090 of this chapter.

(g)

Non-Transferability of Permit: Permits issued in accordance with the provisions of this article shall be restricted to the applicant to whom such permit is issued and shall not be subject to transfer to any other person, firm, entity, or corporation.

(h)

Changes in Mode of Operation: In the event that any permittee desires to change their color scheme, name, monogram or insignia used on such taxicab, or to substitute any vehicle for and in place of the vehicle described in the application or to increase or decrease the number of vehicles used in the operation of the business, an application must first be submitted for consideration by the issuing authority along with payment of any applicable fees. All changes are subject to the provisions of this chapter and shall not be effective until approved by the issuing authority in writing.

(i)

Suspension or Revocation: The issuing authority shall have the right to revoke or suspend a taxicab permit upon any of the following grounds:

(1)

A permit was procured by a false or fraudulent statement of a material fact in the application for a certificate or the application for a taxicab permit when such fact, if it had been disclosed, would have constituted a just cause to deny issuance.

(2)

The permittee fails to operate the vehicles in accordance with the conditions of approval of their permit or any provisions of this chapter.

(3)

The vehicles are operated at a rate of fare in excess of those on file with the Issuing Officer.

(4)

The permittee fails to keep in force and effect the policies of insurance required by the provisions of this chapter.

(5)

The permittee violates or causes or permits to be violated any of the provisions of this chapter, or any other ordinance or law pertaining to the regulation of taxicabs.

(6)

Facts are determined to exist which would provide just cause to deny issuance of a permit or renewal thereof.

(7)

Driving or controlling the movements of a taxicab without a valid driver's identification card issued by the San Diego County Sheriff's Department pursuant to the requirements of Chapter 3 (Taxicabs and Taxicab Operators) of the San Diego County Code of Regulatory Ordinances.

(8)

Operating or allowing another person to operate a taxicab that has not been issued a valid taxicab permit or a valid medallion by the Issuing Officer.

(9)

Operating a taxicab without a current taximeter registration certificate issued by the Sealer of Weights and Measures or without the registration certificate in the vehicle.

(Ord. No. 2013-1377, 4-23-13)

All vehicle(s) must be and conform to a color scheme approved by the issuing authority. The issuing authority may refuse a certificate to any applicant whose color scheme, trade name or insignia imitates that of any permittee in such manner as to deceive the public.

(a)

A permittee shall, at all times during the duration of the permit, provide and maintain, at its own cost, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the licensee's operation and use of a taxicab. The following types and levels of insurance coverage are required, and endorsements reflecting such coverage and associated requirements must be submitted to the City and processed to approval prior to use of the permit:

(1)

General Liability Insurance. Occurrence basis with minimum limits of $1,000,000.00 each occurrence and $2,000,000.00 general aggregate; and

(2)

Automobile liability insurance of $350,000.00 combined single limit per accident for bodily injury and property damage; and

(3)

Workers' compensation and employer's liability insurance as required by the California Labor Code, as amended, or certificate of sole proprietorship.

(b)

Each insurance policy required by subsection (a) above, and the certificates of insurance and endorsements thereon, must be acceptable to the City Attorney.

(c)

Each policy must provide for written notice within no more than 30 days if cancellation or termination of the policy occurs with at least ten days' written notice of cancellation for non-payment. Insurance coverage must be provided by an A.M. Best's A-rated, Class V carrier or better, admitted in California, or if non-admitted, a company that is not on the Department of Insurance list of unacceptable carriers. All non-admitted carriers will be required to provide a service of suit endorsement in addition to the additional insured endorsement.

(d)

Both the general liability and the automobile liability policies must name the City specifically as an additional insured under the policy on a separate endorsement page. The City includes its officials, employees and volunteers. The endorsement must be ISO Form CG 20 10 11 85 edition or its equivalent for general liability endorsements, and CA 20 01 for automobile liability endorsements.

(e)

The general liability policy must be as broad as ISO Form CG00001 and protect the City against liability for loss or damages for personal injury, death and property damage arising from or in connection to the licensee's operation and use of the taxicab.

(f)

The auto liability policy must cover all owned, non-owned, and hired auto, and must provide coverage as broad as ISO Form CA00001.

(g)

The general liability and auto liability policies must each be primary and noncontributory. Any insurance maintained by the City is excess, and waivers of subrogation must be provided.

(Ord. No. 2018-1466, § 2, 7-10-2018)

The maximum fare rates which may be charged by taxicab operators shall be submitted to the Issuing Officer at time of application. Any future rate amendments shall be submitted to the Issuing Officer at least 14 days prior to the new rates going in to effect. No charge shall be made by any taxicab operator in excess of the rate submitted to the Issuing Officer.

(Ord. No. 2013-1377, 4-23-13)

It shall be unlawful for any person to refuse to pay the lawful fare of any of the taxicabs regulated by this chapter after employing or hiring the same.

The following rules and regulations shall be observed by all persons operating taxicabs:

(a)

Insurance: No taxicabs shall be operated in the City unless the provisions of Section 5.48.040 of this chapter have been met.

(b)

Business License: No person shall operate any taxicab without prepaying any license fee required by the City for the transaction of such business.

(c)

License to Operate a Motor Vehicle: No person shall drive a taxicab in the City without first having obtained a Class 3 or better driver license issued by the Motor Vehicle Department of the State.

(d)

Driver's Identification Card: No person shall drive or operate any vehicles mentioned in this chapter unless such person has a taxicab driver's identification card issued by the San Diego County Sheriff's Department pursuant to the requirements of Chapter 3 (Taxicabs and Taxicab Operators) of the San Diego County Code of Regulatory Ordinances.

(e)

All Taxicabs Shall be Kept in Good Mechanical Condition: No taxicab shall be operated unless the vehicle meets all requirements to pass inspection by the San Diego County Sheriff's Department pursuant to Chapter 3 (Taxicab and Taxicab Operators) of the San Diego County Code of Regulatory Ordinances.

(f)

It shall be unlawful for any owner or driver to operate any taxicab in this City unless such vehicle is equipped with a taximeter that has been registered, inspected and sealed by the Sealer of Weights and Measures. A taxicab operator shall submit every taximeter in the taxicabs it operates to the Sealer of Weights and Measures for an annual registration and inspection, and shall provide such proof of registration and inspection to the issuing authority.

(g)

It shall be unlawful for a taxicab operator to operate a taxicab unless the taxicab has passed an initial inspection by the San Diego County Sheriff's Department.

(h)

After passing the initial inspection a taxicab shall pass an annual inspection to satisfy the same conditions required by the initial inspection. It shall be unlawful for a taxicab operator to operate a taxicab that has not passed its annual inspection and been issued an annual permit.

(i)

If the San Diego County Sheriff's Department is satisfied that a taxicab has passed an inspection required by this section the Sheriff's Department shall affix a medallion on the vehicle authorizing the operator to place the taxicab in service for one year.

(j)

It shall be unlawful for any person other than the San Diego County Sheriff's Department or his designee to place a medallion on or remove a medallion from a taxicab. It shall also be unlawful to tamper with or alter a medallion.

(k)

The absence of a medallion on a taxicab that complies with paragraph (i) above shall be prima facie evidence in a proceeding to suspend or revoke a taxicab operator's license for operating a taxicab without a valid medallion.

(l)

Information to be Posted in Taxicabs: In every taxicab there shall be displayed in full view of the passenger a sign (of a size specified by the issuing authority) which shall have plainly printed thereon, in letters as large as the size of the sign will reasonably allow, all of the following information:

(1)

The name, address, telephone number of the firm licensed under this chapter;

(2)

The taxicab number;

(3)

The correct schedule of the rates to be charged;

(4)

The name and photograph of the driver.

(m)

Picking Up Passenger of Another Company: No taxicab driver may knowingly pick up any person who has summoned a taxicab of a competitive taxicab company, and which person is unaware that the driver offering services is not representing the taxicab company which said person summoned.

(n)

Consent to Carrying Additional Passenger: No taxicab driver shall carry in any taxicab which is engaged by a passenger any additional passengers unless the passenger who first engaged the taxicab consents to such carrying of additional persons.

(o)

Use for Illegal or Immoral Purpose: No taxicab driver shall use or authorize the use of any taxicab for an illegal or immoral purpose.

(p)

Refusing Service to Customer: It shall be unlawful for the driver or operator of any taxicab to refuse a prospective passenger on the basis of race, creed, color, age, sex, handicap, or national origin.

(q)

Direct Route: The driver of any taxicab shall carry passengers engaging the same safely and expeditiously to their destination by the most direct and accessible route.

(r)

Illegal Soliciting; Cruising for Fares: No driver of any vehicle, as defined in this chapter, shall seek employment by repeatedly and persistently driving his vehicle to and from in a short space (less than 400 feet) in front of or by otherwise interfering with the proper and orderly access to or egress from any theater, hall, hotel, public resort, street railway or ferry station, or other place of public gathering; or by leaving his vehicle, or otherwise approach and soliciting patronage by pedestrians upon the sidewalk, in any theater, hall, hotel, public resort, railway or ferry station or street railway loading point; but such driver may solicit employment by driving through any public street or place without stops other than those due to obstruction of traffic and at such speed as not to interfere with or impede traffic.

(s)

Standing on Streets: No taxicab shall remain standing upon any public street for business purposes except for loading and unloading passengers, and then, not for a period of more than 15 minutes, excepting at such stand as may be designated under Section 5.48.080 of this chapter. This section shall not apply to any taxicab while the same is engaged by and being paid for by a passenger.

(a)

Designation of Stands: The Council may by resolution locate and designate taxicab stands, which stands, when so established, shall be appropriately designated "Taxis Only".

(b)

Continuous Operation of Stands: Taxicab stands established hereunder shall be in operation 24 hours of every day.

(c)

Unattended Cab: It shall be unlawful for any taxicab to remain standing in any established taxicab stand, unless said cab is attended by a driver or operator, except when assisting passengers to load or unload, or when answering his telephone.

(d)

Parking Generally: No driver of any taxicab as defined by this chapter shall park his taxicab on any of the streets of this City except for the purpose of loading and unloading passengers as herein provided or when parking in a taxi stand as herein provided.

(e)

Parking in Business District: It shall be unlawful for the owner, driver or operator of any taxicab to allow said taxicab to remain parked in the business district except in a regular established taxicab stand; provided, that taxicabs may park in any available parking space when actually engaged in loading or unloading passengers; and provided that, between the hours of 6:00 p.m. and 6:00 a.m. of the following day, taxicabs may stop, stand or park in any place where the parking of vehicles is otherwise permitted.

Whenever an appeal is provided for in this chapter, such appeal shall be filed and conducted as prescribed under the administrative appeal provisions of Section 1.14.100 of the San Marcos Municipal Code.

Except as otherwise provided, violations of the provisions of this chapter shall constitute an infraction and shall be punishable in accordance with the provisions of Chapter 1.12 of the San Marcos Municipal Code.