San Mateo Municipal Code Ch. 5.75 Taxicabs—public Vehicles

For the statutory authority of local authorities within the reasonable exercise of their police power to license and regulate the operation of any vehicle for hire and the drivers of passenger vehicles for hire see Cal. Veh. C.A. § 16501. For the provisions regarding carriers generally see Cal. C. C.A. § 2085 et seq. See also Cal. Pub. U. C.A. §§ 200 et seq. For the provisions regarding financial responsibility see Cal. Veh. C.A. §§ 16550 et seq.

Terms used in this chapter are defined as follows:

(1) "Driver" means every person in charge of driving or operating any motor-propelled vehicle mentioned in this chapter, either as an agent, employee, or otherwise;

(2) "Law" means any constitutional provision or statute of the United States of America or the State, or any charter provision, or ordinance of the City;

(3) "Owner" means every person, firm, association or corporation having use or control of any taxicab as herein defined, whether as owner, lessee, or otherwise;

(4) "Paint" or "painting" means application of color material in oil solution, and not in water solution;

(5) "Public vehicle" means any vehicle furnishing individual service as a business in the transportation of persons, and seeking their business, or part thereof, on public streets, excluding vehicles furnishing mass services, such as street railway cars, motor buses and omnibuses, which move over fixed routes, or on a fixed schedule, or between fixed termini;

(6) "Stand" means a place designated by the authorities for the use, while awaiting employment, of any passenger-carrying, motor-propelled vehicle;

(7) "Taxicab" means any automobile or motor-propelled vehicle of a distinctive color, of public appearance, such as in common usage in this country for taxicabs, equipped with a taximeter, used for the transportation of passengers for hire over the streets of this City, and not over a defined route, irrespective of whether or not the operations extend beyond the boundary limits of the City, at rates for distance traveled, or for waiting time, or for both, and such vehicle is routed under the direction of such passenger or person hiring the same;

(8) "Taximeter" means any mechanical instrument, appliance, device, or machine by which the charge for hire of a passenger carrying vehicle is mechanically calculated, either for distance traveled, or waiting time consumed, or both, and upon such instrument, appliance, device or machine such charge is indicated by means of figures.

Prior code § 75.01

No public vehicle or taxicab shall be operated in the City to pick up any passengers unless a permit has been issued to the owner thereof, and is in force currently paid for, and valid. Every permit shall expire on the 30th of June of the year after it is issued. No permit shall be issued unless a certificate of public convenience and necessity has first been issued by the City Manager as set forth in this chapter.The fees for the right to operate each taxicab shall be established by the resolution of the Council. Fees for the right to operate each taxicab shall be paid by the operator to the Tax Collector upon issuance of the initial permit and each year thereafter. In addition, an initial processing fee for each operator shall be paid by the operator to the Tax Collector upon issuance of the original certificate of convenience and necessity.Any permit fees required by this section shall be in addition to the fees required by the laws of the State on all motor vehicles.

prior code § 75.06

(a) No person shall engage in the business of operating any taxicab to pick up passengers within the City without having first obtained a certificate of public convenience and necessity from the City Manager.

(b) All persons applying to the City Manager for a certificate for the operation of one or more taxicabs shall file a letter with the Tax Collector containing the following information:

(1) The name and address of the owner or person applying;

(2) The number of vehicles actually owned, and the number of vehicles actually operated, by such owner on the date of application, if any;

(3) The number of vehicles for which a certificate of public convenience and necessity is desired;

(4) The make, type, year of manufacture, and passenger seating capacity of each taxicab for which application for a certificate of public convenience and necessity is made;

(5) The make and type of taximeter intended to be installed in each taxicab for which the application for a certificate of public convenience and necessity is made;

(6) A description of the proposed color scheme, insignia, trade style, or any other distinguishing characteristics of the proposed taxicab design.

(7) Such other information as the City Manager may require.

(c) This application letter should be filed along with the owner's application for a taxicab company permit (see Section 5.75.040).

(d) No certificate of public convenience and necessity shall be granted until the City Manager or designee has found that the public convenience and necessity require the proposed taxicab service.

(e) Before any application is acted upon, the Chief of Police shall cause an investigation to be made and shall report his or her findings, in writing, to the City Manager, on the following:

(1) The demand of the public for additional taxicab service;

(2) The adequacy of existing mass transportation and taxicab service;

(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) The effect which such additional taxicab service may have upon traffic congestion and parking;

(6) Whether or not the additional taxicab service will result in a greater hazard to the public;

(7) Such other relevant facts as the City Manager may deem advisable or necessary.

(f) The City Manager or designee shall investigate and hold a public hearing on the application for a certificate, and he or she shall take evidence at this hearing concerning the application.

(g) If the public convenience and necessity require the additional taxicab service, the City Manager or designee shall grant certificates of public convenience and necessity to those owners applying therefor. The City Manager or designee shall determine the number of taxicabs which the public convenience and necessity indicate the applicant or applicants may operate. No certificate of public convenience and necessity shall be issued to any owner or owners who have not fully complied with all of the requirements of this chapter.

(h) The provisions of this section shall not affect the number of taxicabs operating with valid licenses on the effective date hereof.

(i) Every owner operating a licensed taxicab or licensed taxicabs prior to the effective date of this section shall be presumed, in the event of no contrary evidence and findings of the City Manager or designee, to have established prima facie evidence of public convenience and necessity for the licensing of a taxicab or taxicabs actually in operation, and the City Manager or designee, upon written application, as in this section provided, received by him or her not later than 15 days after the effective date of the ordinance codified in this section, shall grant a certificate or certificates to such owner for each such taxicab or taxicabs. No fee shall be charged such owner for the filing of such application. All taxicab permittees in accordance with the terms of this chapter, shall have their permits renewed for each succeeding year without a finding of convenience and necessity by the City Manager, provided all other requirements of Sections 5.75.060 through 5.75.150 are complied with.

(j) If the service for which a certificate is granted is not provided, or if the owner sells, transfers, or discontinues his or her business for a period of 30 consecutive days, the certificate shall be automatically canceled and shall be reissued only in accordance with the provisions of this section. In the case of a sale or transfer, the City Manager or designee has discretion to waive some or all of the requirements needed to obtain a new certificate of public convenience and necessity as long as the new business owner does not intend to operate more taxicabs than those approved for the previous owner.

(k) Whenever an owner sells or transfers title to a taxicab or taxicabs for which a certificate or certificates have been granted, and within 30 days after such a sale or transfer, purchases other taxicabs to replace those which were sold or transferred, the City Manager or designee shall, as a matter of right, upon written application within 30 days of such purchase, issue a new certificate or certificates for the operation of no greater number of taxicabs than those sold or transferred; provided the owner has complied with all of the provisions of this chapter. No fee shall be charged for the filing of such an application.

(l) Any owner whose taxicab or taxicabs for which a certificate or certificates have been destroyed in any manner, will, as a matter of right, upon written application to the City Manager or designee within 30 days after such destruction, be issued a new certificate or certificates for the operation of no greater number of taxicabs than those so destroyed; provided such owner has complied with all of the provisions of this chapter. No fee shall be charged for the filing of such application.

(m) No fee shall be charged for the filing of application for certificates of public convenience and necessity, as herein specified, but fees shall be paid to the Tax Collector in the amount and manner specified in Section 5.75.020.

(n) For each taxicab that a taxicab owner desires to operate to pick up passengers within the City, the owner shall, before operating such a taxicab, obtain a permit pursuant to Section 5.75.040.

prior code § 75.07

(a) No person shall own or operate a taxicab company without first obtaining a taxicab company permit from the City Manager or designee.

(b) Each application for a permit to operate a taxicab shall contain the following information:

(1) The name of the owner;

(2) The financial responsibility and experience of the applicant;

(3) The location where the taxicab will operate from.

(c) This application for a taxicab company permit must be filed simultaneously with the owner's application for a certificate of convenience and necessity so that the City Manager can process the two (2) applications together. The taxicab company permit will not be issued until it is determined that public convenience and necessity justify approval of the permit (see Section 5.75.030).

(d) Before any taxicab company permit may issue, the owner of the taxicab shall file with the Tax Collector a statement containing the year, make, model, type, passenger-seating capacity, vehicle identification number, and license number of the taxicab to be put in service. The Chief of Police or designee must also inspect the taxicab to determine compliance with all applicable laws.

(e) Applicant shall also submit to fingerprinting and photographing by the Police Department for the police record. The costs of fingerprinting and photographing shall be paid before the application will be processed.

(f) If the application is approved and the taxicab meets all requirements of law, the Tax Collector shall issue a permit to operate the taxicab.

(g) If the owner of a taxicab company permit sells, transfers or discontinues the business, the permit to operate the taxicab company will be automatically revoked. Any new owner of an existing business must apply for a new taxicab company permit prior to taking over the operation of the business. (See also Section 5.75.030(j).)

prior code § 75.08

No permit to operate any public vehicle shall be issued or renewed, and it is unlawful to operate any such public vehicle, or permit such to be operated, unless and until the owner deposits with the Tax Collector a policy or policies of liability insurance issued by a responsible insurance company, approved as to sufficiency by the Tax Collector and as to legality by the City Attorney, providing indemnity for, or protection to, the insured against loss in the amounts provided for in Section 5.75.060.The insurance policy shall be valid and effective for no less a period than that for which the permit is issued.

prior code § 75.09

The extent of the liability of the insurer shall be, as to any one permitted public vehicle, the sum of $500,000.00 and $100,000.00 on account of damage to property in any one occurrence.

prior code § 75.10

Every such policy or certificate of insurance shall contain a clause obligating the insurer to give to the Tax Collector at least 10 days' written notice before the cancellation, expiration, lapse, alteration, or termination of such insurance, and the permits granted shall expire upon the termination of such insurance, or upon the termination of the liability of the insurer, in accordance with such notice, unless a new policy or certificate of liability insurance is provided to the City. Failure to give the notice required shall operate to continue the liability of the insurer for the benefit of persons injured or damaged, as though that policy continued in full force and effect.

prior code § 75.13

At the time a permit is issued to the owner of any taxicab, the Police Department shall also issue to the owner a City of San Mateo tag showing the class of public vehicle, the taxicab company name, and the year for which the tag has been issued. No tag shall be displayed on any taxicab except the one for which it was issued. The tag shall be affixed to the side of the vehicle so as to be plainly discernible at all times.

prior code § 75.14

In case of the loss of a permit tag, the owner shall within 30 days of the loss file with the Police Department a sworn statement of the facts concerning the loss. The Police Department shall, upon payment of $10.00, then issue a replacement tag.

prior code § 75.15

Owners and drivers of taxicabs are prohibited from permitting or causing the vehicle:

(1) To be operated over any regular route;

(2) To pass any specified point at regular intervals of time, or on a fixed time schedule for the purpose of picking up passengers; or

(3) When hired, to accept other passengers until the service for which they have been hired is completed.

Taxicabs shall at all times, when in operation and not engaged, furnish service on demand to any orderly person for lawful purposes.

Prior code § 75.16

(a) Every owner and operator of taxicabs may adopt any trade name, design, color scheme, or method of painting or lettering such taxicabs which is approved by the Tax Collector. Such trade name, design, color scheme, or method of painting or lettering, shall include the following matter:

(1) A special body number, assigned by the Tax Collector to each taxicab, and painted on each side and on the rear of the taxicab;

(2) The name of the owner, or the trade name under which he or she does business, painted on each side of the taxicab.

(b) Whenever the name of the owner, or the trade name under which he or she does business, does not include any one of the words "taxicab," "taxi" or "cab," then the word "taxicab" shall be painted on each side of the taxicab immediately beneath such name or trade name.

(c) Whenever any owner or operator of taxicabs does not adopt and use an approved trade name, design, color scheme, or method of painting and lettering as hereinbefore mentioned, then it shall be mandatory for such owner or operator to paint the following matter on each of its taxicabs:

(1) A framed panel, enclosing on separate lines the name of the owner, the word "taxicab" and the serial body number assigned the taxicab by the license collector. Such panel shall be painted on each side of the taxicab, and shall cover no less area than 10 inches by 12 inches. The form of such panel shall be substantially as follows: JOHN T. SMITH TAXICAB 320

(2) The serial body number, assigned the taxicab by the Tax Collector, painted on the rear exterior of the taxicab.

(d) All mandatory lettering and wording, as hereinbefore provided, shall be at least two (2) inches in height, and shall be of such color as in the opinion of the license collector will contrast distinctly with the color of the body of the taxicab, provided that the serial body numbers on sides and rear shall be no less than three (3) inches in height.

(e) No one shall cause or permit any taxicab to appear with a trade name, design, color scheme or method of painting or lettering that is not approved by the Tax Collector for the vehicle concerned, or that is not in accordance with the terms of this chapter.

prior code § 75.17

Ord. 1984-5 §§ 148, 149, 150

No taxicab shall carry any lettering, signs, or advertisement on or in any window glass or windshield.

Prior code § 75.18

Every public vehicle shall be equipped with a light within the passenger compartment of the vehicle, capable of being lighted or extinguished by the passenger.

Prior code § 75.19

No person shall drive a taxicab to pick up passengers in the City unless he or she possesses a valid driver's permit as provided in this chapter. No owner shall permit or allow a person who does not possess a valid driver's permit as provided for in this chapter to drive a taxicab in the City to pick up passengers. Taxicab driver's permits shall expire on June 30th of each year.

prior code § 75.52

An owner must immediately report to the City any termination of a driver. Such termination shall be cause for immediate revocation of the driver's permit. The driver's permit must be returned to the City upon termination of the driver.

Every applicant for a permit as a driver of a taxicab shall make application to the Tax Collector on forms to be supplied by the Tax Collector. No application shall be accepted unless the applicant is:

(1) Able to read the English language;

(2) Twenty-one years of age or over;

(3) Free of any infirmity, physical or mental, which would render him or her unfit for safe operation of a public vehicle;

(4) Not addicted to the use of alcohol or drugs;

(5) Able to provide the City with negative test results for alcohol and controlled substances pursuant to Government Code Section 53075.5;

(6) The holder of a valid driver's license issued by the State.

The application form shall set forth such information as the Tax Collector may require, and shall be accompanied by the certificate of a physician that applicant is free from infirmities which would prevent his or her driving a public conveyance with safety.Applicant shall also submit to fingerprinting and photographing by the Police Department for the police record. One photograph shall be filed with the Police Department. The other shall be affixed to the identification card as required in Section 5.75.250. The costs of fingerprinting and photographing shall be paid before the application will be processed.

prior code § 75.53

Drivers are required to renew their permit prior to expiration on June 30th of each year. Renewal of the permit is conditioned on the Police Department receiving evidence of a driver's negative test results for alcohol and controlled substances as outlined in Government Code Section 53075.5, and a copy of the applicant's State driver's license status that is dated no more than 10 days before presentation to the Police Department. Drivers who fail to present the mandatory test results and license status report before August 30th may be subject to a $25.00 late fee and eventual revocation of the permit.

Every driver of a taxicab subject to this chapter shall pay to the Tax Collector the permit fee established by the Council by resolution. The required fee shall be paid at the time of application for a permit. Even though renewal of the permit is required each year, a permit fee for renewal will be paid only every other year.

prior code § 75.54

The Chief of Police, or designated representative, will review the driver applicant's license status. The Chief of Police will determine if that driver's license is suspended or revoked or has limiting conditions attached. If the driver's license is currently suspended or revoked, the Chief of Police will deny the permit. If the Chief of Police determines that the conditions attached to the driving license would preclude operation of a taxicab in the City by the applicant, then the permit will be denied.

prior code § 75.55

The Chief of Police shall notify the Tax Collector in writing of the results of the Police Department investigation and examination and his or her recommendation, and the Tax Collector shall issue or deny a driver's permit.

prior code § 75.56

No driver's permit shall be issued to any person who has tested positive for alcohol or controlled substances or has been convicted of any criminal offense involving moral turpitude, unless mitigating circumstances exist, and in no event to any person who has been convicted of any alcohol or drug-related driving offense within the one (1) year immediately preceding the date of the application.

prior code § 75.57

At the time of the issuance of a driver's permit, the Chief of Police shall also issue an identification card, upon which shall be affixed one of the photographs required in Section 5.75.170. The identification card shall contain the number of the permit, the signature of the issuer, and the date of issuance. The identification card shall be carried at all times by the driver when he or she is driving a taxicab, shall be worn on his or her cap or outer garment to be plainly visible, and shall be displayed on demand to any motor vehicle inspector, police officer, or citizen. The identification card shall not be transferred to any other person.

prior code § 75.61

Ord. 1984-5 §§ 156, 157, 158

When a driver fails to renew his or her permit by June 30th of each year or if his or her permit is revoked or suspended, he or she shall return his or her identification card to the Tax Collector within 30 days of the lapse, revocation, or suspension.

prior code § 75.62

Whenever a permitted driver is convicted of driving a vehicle for which a driver's permit is required by this chapter during a period for which his or her permit has been suspended, the Chief of Police shall notify the Tax Collector, who shall revoke the permit of such driver, and that driver shall not be eligible to receive a new permit for a period of one (1) year from the date of the revocation.

prior code § 75.71

The Tax Collector shall suspend the permit of any driver holding a permit under this chapter whenever the Chief of Police recommends revocation for any of the following reasons, in addition to other reasons contained in this title:

(1) The driver obtains a permit by false statements in his or her application, or upon misrepresentation, or upon false statements on his or her declaration in applying for a duplicate card;

(2) The driver becomes physically or mentally incapable of driving a vehicle;

(3) The driver is convicted of a felony;

(4) The driver is convicted of a misdemeanor involving moral turpitude;

(5) The driver is convicted of a driving offense related to the use of drugs or alcohol;

(6) The driver tests positive for alcohol or controlled substances as outlined in Government Code Section 53075.5;

(7) The driver fails to submit the necessary test results and driver's license status report required for yearly renewal of the permit (see Section 5.75.175).

prior code § 75.72

The Tax Collector and Chief of Police are authorized and empowered to establish and adopt such additional rules and regulations governing the issuance of permits to drive taxicabs and the inspection and operation of public vehicles, as may be reasonable and necessary, and not inconsistent with the provisions of this code, and subject to approval by resolution of the Council.

prior code § 75.73

The Tax Collector shall notify the driver of any suspension or revocation. Such notification shall be by certified mail, directed to the last address of the driver on file with the Chief of Police.

prior code § 75.74

No application for a permit to operate a taxicab in this City shall be granted or renewed to any owner or driver of any taxicab within this City, and no taxicab which is now operating under a license permit, shall be permitted to operate after June 1, 1949, unless such vehicle is equipped with a taximeter of such type, style, and design as may be approved by the City Manager, and it shall be the duty of every owner operating a taxicab to keep such taximeter in perfect condition so that such taximeter will at all times correctly and accurately indicate the legal charge for the distance traveled, and waiting time. Such taximeter shall be at all times subject to inspection by the Chief of Police, and the Chief of Police is authorized at his or her instance or upon complaint of any person, to investigate such taximeter or cause it to be investigated, and upon the discovery of any inaccuracy in such meter, to remove or cause to be removed such vehicle equipped with the taximeter from the streets of the City until such time as the taximeter has been correctly adjusted; provided, that the City Manager may in writing permit the operation of a taxicab unequipped with a taximeter on the terms and conditions, including, but not limited to, rates, and for the time specified in such a written permit, a copy of which permit must be displayed in the passenger's compartment of a taxicab.

prior code 75.24

Every such taximeter shall register the charge to the nearest $0.10, and be equipped with a flag or other mechanical device, with the words "for hire" or "vacant" printed or stamped thereon, and such flag shall be so attached and connected to the mechanism of such taximeter as to cause such mechanism to operate when such flag is in a position other than upright, and indicate that the taxicab is not for hire, and which flag shall, when moved forward or downward, start the operation of such taximeter so that the same will operate in the manner defined herein.

Prior code § 75.25

No driver of a taxicab, while carrying passengers, shall display the flag or device attached to such taximeter in a position which might cause such taximeter to record when such vehicle is not actually employed, and such driver shall throw such flag or other device on such taximeter into a nonrecording position at the termination of each and every service; provided that, unless the City Manager has permitted the operation of the taxicab unequipped with a taximeter, as set forth in Section 5.75.370, no taxicab shall carry passengers within the City, regardless of its destination, without such taximeter in operation.

Prior code § 75.26

All charges for transportation of passengers in taxicabs operated in the City must be based on the charges indicated on such taximeters. No owners, driver or operator of any taxicab shall charge any passenger or passengers any sum in excess of, or less than, the sum indicated on such taximeter.The provisions of the above paragraph shall not apply to owners, drivers or operators who are participants in the medical transportation program of the San Mateo Health Commission while such persons are providing transportation for the program.

prior code § 75.27

The taximeter shall be so placed in such taxicab that the reading dial, showing the amount to be charged, shall be well lighted and readily discernible by the passenger riding in such taxicab.

Prior code § 75.28

There shall be displayed in the passenger compartment of each taxicab, in full view of the passenger, a card not less than two (2) inches by four (4) inches in size which shall have plainly printed thereon the name of the owner, or the fictitious name under which such owner operates, the business address and telephone number of such owner, and a correct schedule of the rates to be charged for conveyance in such vehicle.

Prior code § 75.29

(a) Applications for any adjustment in rates may be filed by a taxicab company, or a member of the public or City staff. Applications shall first be filed in writing with the Public Works Commission, setting forth justification for such adjustment and requesting a hearing thereon. Such applications shall not be filed until one (1) year has passed since the last rate adjustment.

(b) The Commission shall set the matter for hearing at their regular monthly meeting following the filing of a completed application. Any interested person may be heard concerning the requested adjustment. The hearing may be continued as the Commission deems necessary, except that they shall act upon the matter by a recommendation to the Council no later than 90 days after the date of filing a completed application.

(c) Upon the expiration of said 90 days, or upon receipt of the Commission's recommendation, whichever is sooner, the matter shall be set for hearing at the Council's next regular meeting. The decision of the Council establishing the rates in a resolution shall be final.

No owner or driver of any taxicab shall fix or charge or collect a rate in excess of that which shall be authorized by resolution of the Council.

Drivers of public vehicles shall promptly deliver to the Police Department, or to authorized agencies of their companies, all property of value left in such vehicles by passengers.

Prior code § 75.31

The owner or person in charge of one (1) or more taxicabs shall keep a record of all such public vehicles, showing the body number, the City permit number, and such data as may be necessary to identify the driver of such vehicle or vehicles at any and all times. Such owner or person in charge shall also keep, or be caused to be kept, a trip sheet for each cab showing the time of departure, the destination, and time of arrival for each trip. Such owner or person in charge shall also keep a record of the time of departure from the arrival at his or her garage or headquarters of each taxicab. Such records shall be subject to inspection at all times by the Police Department.

prior code § 75.32

No owner shall permit a taxicab to be driven for hire by anyone who is not a licensed taxicab driver in the City. In the event that such a vehicle is driven by a person not so licensed, the Chief of Police shall notify the license collector, who shall revoke the taxicab license for the vehicle concerned.

Prior code § 75.33

Every owner operating one (1) or more public vehicles shall notify the Chief of Police annually on blank forms furnished by the Police Department of every licensed taxicab driver entering or leaving its, his or her employ during the preceding year. However, terminations of drivers must be reported immediately (see Section 5.75.165).

prior code § 75.34

The carrying of passengers as a business for compensation by any vehicle other than a public vehicle, duly licensed under and operating in accordance with the provisions of this chapter or by motor busses, omnibuses, or street cards, operating under proper authority, is prohibited.

Prior code § 75.35

Public vehicles having no San Mateo permit and whose place of business is not in the City, may bring passengers into San Mateo, but may not solicit any passenger in the City for any destination, within or without the City.

prior code § 75.36

No person shall, with intent to defraud the owner or driver of any public vehicle, engage carriage therein. Refusal to pay the lawful charge for such carriage, or absconding without payment or offer to pay shall be evidence of such intent to defraud.

prior code § 75.37

Every public vehicle shall be kept in a safe and sanitary operating condition. The City Manager may authorize the Police Department to inspect public vehicles at any time. Whenever a public vehicle is found not to be in a safe and sanitary condition, the Tax Collector shall suspend or revoke the license permit of such public vehicles.

prior code § 75.38

It is unlawful to use or permit the use of a public vehicle for any unlawful purpose.

prior code § 75.39

The City Manager is authorized and directed to establish such taxicab stands, as will serve the best interest of the public. In such taxicab stands, taxicabs shall park only while awaiting passengers for hire. No taxicab shall park in a taxicab stand for a period exceeding one (1) hour. No taxicab shall be parked or stopped to solicit passengers at any place other than a designated taxicab stand.The City Manager shall designate taxicab stands by a stanchion or sign bearing the legend that it is a taxicab stand.As taxicabs leave a taxicab stand those behind shall move up, and any incoming taxicab shall enter only from the rear, and shall stop as near as possible to the last taxicab already at the stand. Not more than one (1) taxicab of one (1) owner shall occupy any stand having a capacity of five (5) vehicles or less; not more than two (2) taxicabs of one (1) owner shall occupy any stand of greater capacity than five (5) vehicles. Should more than the legal number of taxicabs belonging to one (1) owner occupy a given stand at one (1) time, the taxicab of such owner farthest to the rear is the violator.

Prior code § 75.40

No public vehicle shall carry more passengers than the number designated as its seating capacity in the application on which the permit was issued.

prior code § 75.41

No taxicab driver shall solicit passengers on public streets or in quasipublic places either by motion of hand or by word of mouth. No taxicab driver shall park or stop to solicit passengers at any place other than within a designated taxicab stand.

Prior code § 75.63

Whenever any taxicab is occupied by a fare paying passenger or passengers, or by members of the party of a fare paying passenger, the driver shall permit no other person to occupy or ride in such taxicab.Whenever any taxicab is unoccupied, or not completely occupied, but is seeking business, the driver shall permit no person not intending to pay a fare to occupy or ride in such taxicab.

Prior code § 75.64

The driver of any taxicab shall remain on or beside his or her vehicle at all times when such vehicle is standing upon the public streets.

Prior code § 75.65

Every driver holding a permit under this chapter shall have his or her residence address on file with the Chief of Police, and in case of change shall notify the Chief of Police in writing within 10 days of the change.

prior code § 75.66

No person shall deface any certificate, badge, tag, identification card, or rate card, or remove, tamper with, or alter a rate card displayed in a public vehicle.

prior code § 75.67

(a) For the purpose of regulating drivers pursuant to this chapter, the Chief of Police is authorized to establish a system of violation marks for the violation of traffic laws and laws relating to public vehicles, upon conviction of a taxicab driver of any offense hereinafter set forth, in accordance with the following classified schedule:

(1) Class I. Four (4) violation marks shall be entered for each conviction of an offense under any of the following sections: Improper use of spotlight. Not having good brakes. Reckless driving. Speeding. Driving to left of center of street. Passing a street car on left. Passing standing street car or bus receiving or discharging passengers. Disobeying light, voice, or hand bell, or whistle signals. Not giving name when requested. Not assisting at, stopping after, or reporting accident. Driving wrong way on one-way street. Not making arterial highway stops. Parking too close to fire hydrant. Operating a public vehicle without a public vehicle license, or with a sus-pended or revoked public vehicle license. Not displaying metal tag. Improper or illegal manner of operation; illegal display of signs; refusal to transport passengers. Use of unauthorized signs or advertising. Nondisplay, tampering with, or destruction of rate card. Immoral or unlawful use of vehicle. Zone taxicab on taxicab stand, or parked within forbidden area. Not having driver's license. Assigning, giving or transferring badge to another person. Defacing identification card, badge, or license certificate. Not stopping at a railroad crossing when signs or signals give indication of approaching train or car designated to rail travel;

(2) Class II. One (1) violation mark shall be entered for each conviction under any traffic law or law governing public vehicles not included in Class I. Provided, however, that whenever a driver is fined, costs suspended, then no violation marks shall be given, although the records shall be kept by the Police Department;

(3) Class III. In addition to violation marks entered on convictions as provided in Classes I and II, the Chief of Police may, after hearing, enter marks for minor violations of rules and regulations, not exceeding one (1) mark in any single case.

(b) Whenever a driver has received 12 violation marks in accordance with the schedule herein provided, during any 12-month period, the Police Chief shall notify the Tax Collector, who shall suspend the permit of the driver for a period of 30 days.

(c) Whenever a driver has received 30 violation marks in any 12-month period the Police Chief shall notify the Tax Collector, who shall revoke the permit of the driver, and the driver shall not be eligible to receive a new permit for a period of one (1) year from the date of the revocation.

prior code § 75.69

Ord. 1984-5 §§ 176, 177

Smoking shall be prohibited in taxicabs.