Chapter 5.29 — PARATRANSIT SERVICE

No person, as defined herein, who engages in the business of providing paratransit services shall do so without first having complied with the conditions and regulations of this chapter. (Ord. 4206, 1983)

Association. Any group of two or more owners, as defined herein, operating vehicles licensed hereunder under unified control and having a common trade name and common color scheme.

Chief of Police. The police chief for the City of Santa Barbara, or his or her designee.

City. The City of Santa Barbara.

Cruise or Cruising. The movement over the public streets of a city of a taxi driver, not at the time actually transporting a passenger for hire or parcel for hire, in search of or solicitation of prospective passengers; except, however, the term shall not include a taxi proceeding to answer a call for taxi service from an intending passenger, and taxis returning to the nearest authorized taxi stand or company garage by the most direct route, after having discharged a passenger or passengers.

Demand Responsive Service. A form of paratransit services characterized by flexible routing and scheduling modified to meet the specific travel needs of users.

Driver. Any person who operates a vehicle licensed hereunder whether as agent, employee or otherwise of an owner, or under the direction of an owner as defined herein.

Driver's Permit. A certificate which authorizes operation of a paratransit vehicle.

Group Ride. Shared use of a vehicle where all of the passengers enter at the same point of origin and disembark at the same destination either on call or by prearrangement and pay a single fare for the trip.

Independent Garage. Any garage or mechanic engaged in auto repair licensed by the State and not affiliated or associated with the taxi owner or driver whose taxis are being inspected.

Lessee. Any person who enters into an approved lease as defined herein.

Limousine. Every motor vehicle designed to carry passengers, of private appearance (except as to license plates), need not be equipped with a taximeter; and used for the transportation of persons for hire over and along public streets, under the direction of passengers or persons hiring such limousine, of which the charge or fee for its use is based upon rates per hour, per trip, per mile, per day, per week, or per month.

Limousine Taxi. Any vehicle of distinctive color or insignia which provides taxi service, is equipped with a taximeter, and is over 18 feet in length.

Manifest. A daily record prepared by a taxi driver of all paid and non-paid trips.

Owner. Any person, firm, corporation or other form of business organization having proprietary control, or right to proprietary control, of any vehicle engaged in the business of providing paratransit service, as defined herein.

Owner's Permit. A certificate which authorizes operation of a paratransit service in the City and which is issued to any person, firm, corporation or other form of business organization having proprietary control of any vehicle engaged in the business of providing paratransit services.

Paratransit Service. Taxi, shared-ride, limousine and other transportation services for which a fee is charged and which does not involve self-driving.

Person. Both singular and plural shall mean and include any individual, firm, corporation, association, partnership or society, exclusive of public agencies.

Premium Taxi Service. Exclusive use of a taxi by one passenger at a time, with the time of pickup and origin and destination points specified by the passenger.

Shared Taxi Service. Nonexclusive use of a taxi vehicle by two or more passengers traveling between different origin and destination points.

Taxi. Any vehicle of distinctive color or insignia which provides taxi service and is equipped with a taximeter.

Taximeter. Any instrument or device in a vehicle which registers and calculates at predetermined rates the charge for hire of such vehicle in dollars and cents in accordance with the distance traveled and/or time elapsed.

Taxi Service. Any public passenger transportation service available for hire on call or demand over the public streets of the city, in a vehicle of distinctive color or insignia, operated by a driver licensed hereunder, and which is equipped with a taximeter. Such service shall not be provided over a defined route but between such points and over such routes as may be directed by the passenger or person hiring the same, and irrespective of whether the operations extend beyond the boundary of the city.

Taxi Stand. Any portion of a street designed for the exclusive use of taxis while waiting for employment.

Waiting Time. Time spent while a taxi is waiting and available to a passenger beginning 5 minutes after the time of arrival at the place to which it has been called; or time spent at the special instance and request of a passenger after such passenger has first engaged and entered a taxi to make a trip.

(Ord. 4206, 1983; Ord. 5254, 2002; Ord. 5360, 2005)

A vehicle is exempt from this chapter if it is:

A. Licensed and regulated by the California Public Utilities Commission; or

B. Is operated by a governmental entity. (Ord. 4206, 1983)

It is unlawful to operate any paratransit service within the City without first having obtained an owner's permit from the City.

(Ord. 4206, 1983; Ord. 5360, 2005)

An applicant (or authorized agent) for an owner's permit shall file with the Chief of Police a sworn application for such a permit stating the following information:

• A. The full name and the home and business address of the applicant or, if the applicant is a corporation, a certified copy of the Articles of Incorporation, the names and business addresses of all officers, directors and stockholders owning or controlling 10% or more of the stock of such corporation and the percentage of ownership of each of said stockholders. If the applicant is a partnership, the application shall include a copy of the applicant's certificate or statement of partnership and a list of all general and/or limited partners of the applicant. If the applicant is a limited liability company, the application shall include a certified copy of the applicant's articles of organization and a list of all managers and members of the applicant.

• B. The trade name(s), if any, and the telephone number(s) under which the applicant does or proposes to do business.

• C. A City certificate of insurance establishing compliance with Section 5.29.310 of this chapter and proof that all required insurance policies have been paid for 30 days in advance.

• D. The number of vehicles actually owned and/or the number of vehicles proposed to be operated by the applicant on the date of application.

• E. The seating capacity and design of the vehicle(s) and the registered and legal owner of each and every vehicle.

• F. The character and location of maintenance and administrative facilities to be used, if any.

• G. A description of the communications systems to be used.

• H. A description of services to be rendered, and hours of operation.

• I. An agreement by the applicant to maintain a driver's daily manifest for each and every vehicle.

• J. A sample, proposed driver's daily manifest.

• K. Any previous denial, revocation or suspension by any public agency in the State of California of a certificate, permit, or license applied for or held by the applicant or any person, as defined herein, having a financial interest in the applicant's proposed business. Such information shall also state the reason for the denial, revocation or suspension.

• L. The brand name(s), model number(s) and other identifying information showing the types of taximeters to be used as required by Section 5.29.100.

• M. A certificate or other written evidence that the Santa Barbara County Weights and Measures Department or a state registered device repairman has tested and certified, not more than six months preceding the application date, the accuracy of the taximeter attached to the taxicab and that meters which will be made operative are affixed with valid annual accuracy seals.

• N. The specific experience of the applicant in the transportation of passengers for hire.

• O. The applicant's schedule of rates, with a statement indicating charging of rates by taximeter, if any.

• P. A proposed color scheme and/or insignia which shall be unique and easily distinguishable from color schemes or insignia approved for use by other applicants.

• Q. Any other pertinent information the Chief of Police may require.

• R. Any additional information that the applicant wishes to submit in support of the application.

• S. A state certificate of compliance or other writing dated not more than six months preceding the application date, issued by a state-certified examiner or examiners, and evidencing that each taxicab complies with prevailing equipment standards as specified by the Chief of Police.

• (Ord. 4206, 1983; Ord. 5360, 2005)

After consideration of the factors prescribed in this chapter, the Chief of Police shall grant an owner's permit for the number of vehicles applied for (or a lesser number) or refuse to issue an owner's permit. If the application is denied, the unsuccessful applicant shall be notified within 10 days from the date of denial by certified mail, directed to the address shown on the application, stating the specific reasons for denial.

(Ord. 4206, 1983; Ord. 5360, 2005)

The owner's permit shall state the following:

• A. The name, address and trade name, if any.

• B. The number of vehicles the operation of which is authorized by the permit for operation.

• C. The dates of issuance and expiration.

• D. That the owner's permit is being issued subject to the provisions of this chapter and all of the laws and ordinances governing the operation of such vehicles.

• E. The type of service licensed.

• (Ord. 4206, 1983; Ord. 5360, 2005)

Every owner's permit issued shall be valid from the date of issuance until the date of expiration or until surrendered, revoked or suspended as provided herein. (Ord. 4206, 1983)

The Chief of Police shall issue an owner's permit unless application of Section 5.29.060 requires denial.

(Ord. 4206, 1983; Ord. 5360, 2005)

An owner's permit application shall be denied for any of the following reasons:

• A. Failure to comply with Sections 5.29.020 and/or 5.29.025.

• B. Conviction of a felony or violation of any narcotics law or of any law involving moral turpitude within three years preceding the date of the application.

• C. If the proposed color scheme or insignia to be used on the vehicles is the same or confusingly similar to that which has already been approved.

• (Ord. 4206, 1983; Ord. 5360, 2005)

• A. Owner's permits may be suspended by the Chief of Police for a period of one to 30 days or revoked by the Board of Police and Fire Commissioners for any of the following reasons:

  1. Failure to maintain insurance as required by this chapter, including renewal of insurance prior to the expiration date of the policy.

  2. Failure to notify the Chief of Police 30 days prior to the effective date of liability insurance cancellation or change of insurer.

  3. Failure to maintain vehicles in good order and repair as prescribed herein.

  4. False statements on an application for an owner's permit.

  5. Failure to pay any fees or damages lawfully assessed upon the ownership or operation of any vehicle licensed under this chapter.

  6. Failure to maintain driver's daily manifests or falsifying such manifests.

  7. Repeated violations by the owner's permit holder or such permit holder's drivers of the traffic laws of the city, county or state.

  8. Violation of any of the provisions of this chapter.

  9. Knowingly maintaining any taximeter which is inaccurate and results in overcharges to any passenger.

• B. The owner's permit shall be suspended as follows at any time the insurance policy is not renewed or otherwise not in effect by 3 p.m. on the last business day prior to the expiration date of the policy as required by this section:

  1. If for a period of no less than three days for the first violation in a one year period;

  2. Fifteen days for the second violation in a one year period; and

  3. Revoked for the third violation in a one year period.

• C. Owner's permits which have been suspended shall forthwith be surrendered to the Chief of Police for a period covering the term of suspension. The Chief of Police shall return the permit to its holder immediately after termination of the suspension period.

• D. Owner's permits which have been revoked shall forthwith be surrendered to the Chief of Police by the holder thereof.

• E. The Chief of Police shall notify in writing and by certified mail, any owner's permit holder whose permit has been suspended or revoked. Such notice shall state any and all reasons for such action as well as all laws or regulations violated by the owner's permit holder.

• (Ord. 4206, 1983; Ord. 5360, 2005)

In addition to the general penalty provision contained in this code, the City Council may, by resolution, adopt a schedule of penalties for specific violations of this chapter. (Ord. 4206, 1983)

An owner's permit shall not be assigned, transferred, hypothecated, pledged or mortgaged. (Ord. 4206, 1983; Ord. 5360, 2005)

A taxi equipped with a taximeter previously approved by the Chief of Police (and not displaying an "off duty" sign) shall comply with the following:

• A. It is unlawful for any person to operate or to cause a taxi for hire to accept any passenger for hire or to carry any paying passenger unless the taximeter has been approved by the Director of the Department of Agriculture, as authorized under Section 12107 of the California Business and Professions Code and any other laws or regulations granting such authority. Such taximeter shall be in operation at all times when any such person other than the driver/operator is riding therein.

• B. It shall be the duty of every owner operating a taxi to keep the taximeter in proper condition so that it shall, at all times, accurately indicate the correct charge for the distance traveled and waiting time.

• C. Every person using a taximeter shall comply with the provisions of the California Administrative Code, Title 4, Article 1, and Division 5 of the California Business and Professions Code.

• D. The taximeter shall be set in operation at the time a passenger enters the taxi and stopped when the taxi is halted to discharge such passenger.

• E. No passengers shall be grouped together without the expressed consent of the first passenger who hires the taxi. If consent to group is granted, the fare to be charged shall be determined upon mutual agreement by the driver and the prospective passengers prior to boarding a taxi.

• F. No charge shall be made for premature response to a call.

• G. The taximeter shall be certified annually by the County of Santa Barbara Sealer of Weights and Measures. The date of certification shall not be more than 13 months old.

• H. The taximeter shall not charge a fare greater than the posted rate.

• (Ord. 4206, 1983; Ord. 5360, 2005)

Effective December 31, 2005, all taxis shall post their rates on the exterior of the taxi, on both sides of the vehicle. If a taxi has one or more rates, the taxi shall post the maximum rate or all rates. The size of the lettering used and the placement of the rate(s) shall be in a standard manner approved by the Chief of Police.

(Ord. 5360, 2005)

• A. Any person who hires a taxi shall have the exclusive right to use the taxi. There shall be no 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.

• C. No owner or driver shall carry personal passengers in the taxicab when operating as a vehicle for hire, including minors under the care of the driver.

• (Ord. 5360, 2005)

• A. Every vehicle covered by an owner's permit shall have a distinctive color scheme or combination of colors and/or insignia as depicted in its application and approved by the Chief of Police.

• B. No vehicle shall be operated until said vehicle is painted the approved color scheme or combination of colors and insignia.

• C. Changes in color scheme or insignia shall have the prior approval of the Chief of Police.

• D. Every vehicle regulated by this chapter and operating in the City shall have the company name and company telephone number plainly painted in letters at least three inches in height on each side of the vehicle in a color different and easily distinguishable from the vehicle. There shall also be painted on the vehicle's front and rear exterior the number of the license assigned to said vehicle as provided in Section 5.29.170.

• (Ord. 4206, 1983; Ord. 5360, 2005)

In addition to the identification required by Section 5.29.170, the following signs or advertisements may be affixed onto vehicles:

• A. Advertising signs conforming to the rules and regulations of the City Sign Code which shall not in any way obstruct the view of the vehicle's insignia and identification number.

• B. A sign device which shall identify, at any given time, whether the vehicle is off-duty or for hire or vacant and the type of transportation service being rendered or proposed to be rendered.

• C. No advertising shall be allowed on the roof top of any vehicle licensed under this chapter, nor shall any advertising be illuminated except as permitted hereunder.

• (Ord. 4206, 1983; Ord. 5360, 2005)

• A. This section shall not apply to airport taxi stands.

• B. The City may designate areas on public streets to be used as taxi stands pursuant to Chapter 10.48.

• C. All taxi stands are to be available for the use of all licensed taxis operating, with the exception of limousine taxis, within the City on a first come, first served basis.

• (Ord. 4206, 1983; Ord. 5360, 2005)

• A. No person shall operate a paratransit service vehicle that is carrying passengers from the Airport Terminal unless a permit authorizing same has been issued by the Airport Director pursuant to Title 18 of this code.

• B. Except for discharging passengers, no person shall park or stand, at the Airport Terminal, a vehicle used for the purpose of carrying passengers for hire unless a permit authorizing same has been issued by the Airport Director.

• C. No person shall, at the Airport Terminal, solicit or invite any person to ride in a vehicle used for the purpose of carrying passengers for hire, either by driving slowly past a loading entrance of the terminal building or by any other act or utterance calculated to induce that person to engage the vehicle unless said vehicle operator is the holder of a permit authorizing same by the Airport Director.

• (Ord. 4206, 1983)

• A. Every vehicle shall be so constructed and maintained as to promote and protect public safety. Every vehicle shall be structurally sound as to all its parts and shall be painted to give reasonable protection to all painted surfaces from structural deterioration. All marks of identification on vehicles shall be permanent and clearly legible at all times.

• B. Every vehicle shall be kept in clean, sanitary condition and shall be cleaned at least once every day when operated. The interior of the vehicle shall be cleaned thoroughly with suitable antiseptic solution whenever necessary. It shall be the driver's responsibility to clean the interior and all windows of the vehicles as required while it is in use.

• C. Every vehicle licensed hereunder shall at all times be maintained with the following equipment in good operating condition:

  1. A frame or holder for the proper display of the public vehicle driver's permit shall face the passengers and shall be located at all times in plain view and readily visible to passengers.

  2. Special equipment approved by the Chief of Police which will signal the need for law enforcement assistance. Each paratransit service owner permit holder shall instruct drivers in the purpose and methods of use of the signal equipment.

  3. A sign provided by the Chief of Police made of heavy material and not smaller than 24 square inches securely attached and clearly visible to the passenger area at all times, providing in letters as large as the size of the sign will reasonably allow, all of the following information: the name, address and telephone number of the Chief of Police regulating the operation of the vehicle, who may be notified in the event of a citizen complaint alleging violation of this code, including matters pertaining to overcharges, unsafe vehicle operation, unsanitary vehicle condition, or vehicle defects which present a real and immediate risk to public safety.

  4. In addition to the above required equipment, all taxis shall be also equipped with the following:

     • a. A taximeter.

     • b. A working light within the passenger compartment.

     • c. A fire extinguisher securely mounted and readily available to the driver as approved by the Fire Chief.

• D. All taxis shall be inspected every four months by an independent garage. The taxi inspection form shall require that the independent garage is not affiliated or associated with the taxi owner or driver. Once the inspection is completed, the signed taxi inspection form shall be submitted to the Chief of Police no later than 15 days from the date of the inspection.

• E. The Chief of Police shall have the right at any time, after displaying proper identification, to inspect any permitted vehicle for the purpose of ascertaining whether or not any of the provisions of this chapter are being violated. The Chief of Police has authority to designate specific equipment requirements and to require additional inspections of paratransit vehicles.

• F. Any vehicle which is found, after any inspection, to be unsafe or unsanitary may be immediately ordered out of service, and before again being placed in service shall be put in condition as prescribed by this chapter. Prior to the return of any such vehicle to service, the owner's permit holder shall notify the Chief of Police in writing or by telephone that the withdrawn vehicle cited is in compliance and returned to service.

• G. No taxi shall be equipped with any shades or curtains which can be manipulated in such a way as to shield the occupants or the driver from observation or obstruct the rear-view mirror.

• H. The center partition, if any, between the driver's compartment and the passenger compartment shall be designed and constructed of shatterproof glass or plastic.

• (Ord. 4206, 1983; Ord. 5360, 2005)

• A. Upon receipt of a citizen's complaint regarding the mechanical condition of a taxi, the Chief of Police may require the owner to furnish evidence regarding the mechanical condition of any taxi specifically identified in the citizen's complaint. The Chief of Police may require that said evidence be furnished in order to determine whether said taxi is in safe operating condition, and/or whether said taxi(s) has or have all equipment and identification required by this code. The Chief of Police may require said evidence to be furnished by either or both of the following:

  1. A visual inspection of the taxi by a member of the Police Department; or

  2. A sworn statement by the proprietor of an independent garage, which statement indicates whether said taxi is in safe operating condition and in compliance with this code.

• B. Upon determination by the Chief of Police that any vehicle allowed to be operated under an owner's permit is not in safe operating condition, and upon order that such vehicle not be used in taxi service until safely repaired, the owner and driver of such taxi shall no longer operate it until it has been repaired.

• (Ord. 4206, 1983; Ord. 5360, 2005)

Each holder of an owner's permit and the driver of a taxi involved in any accident while operating a taxi, resulting in property damage or personal injury of any kind, shall within 48 hours thereof give written report thereof to the Chief of Police. A copy of a report required under state law shall be deemed sufficient for such purposes; otherwise, such report shall contain all information required with respect to reports otherwise required under state law as to amounts involved. (Ord. 4206, 1983; Ord. 5360, 2005)

• A. For each vehicle covered by an owner's permit, a vehicle permit with an identification number shall be assigned by the Chief of Police.

• B. The vehicle identification number shall be displayed on the vehicle's front and rear exterior, plainly printed in letters of at least three inches in height, and visible to each passenger.

• (Ord. 4206, 1983; Ord. 5360, 2005)

§ 5.29.175. Applicability of Government Code Section 53075.5.

The provisions of Section 53075.5 of the California Government Code, as now or hereafter amended, shall apply to the issuance, denial, surrender, suspension, and revocation of a public vehicle driver's permit pursuant to this chapter. (Ord. 4974, 1996)

• A. It is unlawful for any person to drive a vehicle regulated pursuant to this chapter unless such person obtains a City public vehicle driver's permit in addition to those motor vehicle driver's licenses required by the State of California.

• B. Application for such a permit shall be made in person to the Chief of Police.

• C. The applicant shall provide requested information under oath or affirmation on forms supplied by the Chief of Police.

• D. When an application has been denied, the applicant may not reapply for a public vehicle driver's permit for one calendar year from the date of denial, unless denial was without prejudice.

• E. The Chief of Police shall investigate the facts stated in an application for a public vehicle driver's permit and other relevant data.

• (Ord. 4206, 1983; Ord. 5360, 2005)

An applicant for a public vehicle driver's permit shall appear in person and file with the Chief of Police a sworn application for such a permit stating, including or affixing the following:

• A. The full name and address of the driver applicant.

• B. The residence addresses of the driver applicant for the preceding five years.

• C. The names and business addresses of the driver applicant's employers during the preceding five years.

• D. 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 also be fully explained.

• E. A statement as to whether or not the driver applicant has been convicted of any crime, whether a felony or misdemeanor, or violation of any municipal ordinance (other than minor traffic and parking offenses), and if so, the nature of the offense and the punishment or penalty assessed for the conviction.

• F. The name and business number of the taxi company by whom the applicant will be employed or engaged under contract as a taxi driver.

• G. The endorsement by the owner employing the applicant as a taxi 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, and to safely operate a taxi in the City.

• H. Proof of Compliance with Federal and State controlled substance and alcohol testing requirements, including proof that the driver has tested negative for controlled substances and for alcohol.

• I. Proof of current City Business License Tax Certificate.

• J. A signed statement from the hiring taxi company that they have thoroughly reviewed and discussed the City of Santa Barbara Paratransit Ordinance and any associated rules and regulations with the driver.

• K. Such additional information as may be required by the Chief of Police. (Ord. 5360, 2005)

A public vehicle driver's permit shall not be issued to any person for whom any of the following is applicable:

• A. Has been a licensed driver for less than 6 months in the United States.

• B. Does not possess a valid Class C driver's license issued by the State of California.

• C. Is less than 21 years of age, unless the applicant possesses a valid Class B driver's license issued by the State of California and is 18 years or older.

• D. Is currently required to register pursuant to Section 290 of the California Penal Code or is required to register in another state or country as a sex offender in a manner comparable to Penal Code Section 290.

• E. Has been convicted of a crime involving moral turpitude, narcotics or dangerous drugs, unless a period of not less than three years shall have elapsed since the date of conviction or the date of release from confinement for such offense, whichever is later.

• F. Has been convicted for driving a vehicle recklessly within the two years immediately preceding application for a permit or renewal.

• G. Has been convicted of operating a vehicle while under the influence of alcohol or drugs two or more times within seven years immediately preceding the application for a permit or a renewal application, or one time within one year immediately preceding application for a permit or renewal.

• H. Has a history of chronic alcohol-related criminal convictions, as evidenced by three or more public intoxication convictions within two years immediately preceding an application for or renewal of permit.

• I. Has two or more moving violation convictions within one year immediately preceding an application for a permit, or three moving violation convictions within one year, or four moving violation convictions within two years for renewal. "Moving violation" conviction shall mean those violations set forth in State Vehicle Code Section 12810.

• J. Has been convicted of a felony or misdemeanor hit and run.

• K. Has falsified or omitted material and relevant facts on the public vehicle driver's permit application.

• L. Has failed to comply with all applicable provisions of Section 5.29.175 of this chapter. (Ord. 4206, 1983; Ord. 4277, 1984; Ord. 4974, 1996; Ord. 5360, 2005)

• A. If the Chief of Police finds that the driver applicant is duly qualified, the Chief of Police shall promptly and expeditiously issue a public vehicle driver's permit to the applicant.

• B. A permit card shall contain a recent picture of the permittee, affixed in such a manner that another picture cannot be substituted without detection. The driver's permit shall also contain the driver's full name, permit number, and the expiration date of such permit. The Chief of Police shall furnish a driver's permit which shall at all times be conspicuously displayed in a suitable container in the vehicle the driver is operating. It is unlawful to operate a vehicle licensed under this chapter without the driver's public vehicle driver's permit being conspicuously displayed in said vehicle.

• C. Unless voided by operation of Section 5.29.175 of this chapter, or surrendered, suspended or revoked, driver's permits shall be valid for one year from the date of issuance. Driver's permits may be renewed for a two year period provided:

1. That the Chief of Police's investigation of the driver's traffic and criminal record reveals no criminal or traffic violation during the period the permit was valid, and

2. The previous permit has not expired or become void by operation of Section 5.29.175 of this chapter.

If the investigation reveals a violation under paragraph 1 above, the permit may be renewed for one year only. If it reveals a violation under paragraph 2 above, a new application will be required.

D. The permit is the property of the City and is not transferable to any other driver. (Ord. 4206, 1983; Ord. 4974, 1996; Ord. 5360, 2005)

Upon change of name, address, telephone number or employer, a driver shall notify the owner's permit holder and the Chief of Police in writing within five days. (Ord. 4206, 1983; Ord. 5360, 2005)

A driver and the company owner shall notify the Chief of Police in writing no less than five days before a driver begins any leave of absence from employment with an owner lasting for a period of more than 30 days. If during a driver's leave of absence the driver's permit expires, renewal fees shall be paid prior to the leave of absence or prior to the expiration date of the driver's permit. Any driver whose leave of absence is for a period of one year or longer shall be required to reapply as a new driver.

(Ord. 5360, 2005)

• A. The Chief of Police may suspend or revoke the public vehicle driver's permit of any person licensed under this chapter for a period not to exceed 30 days for any of the following:

  1. Repeated and persistent violations of the traffic and parking laws of the City or the state Vehicle Code.

  2. Conviction for misdemeanor or felony reckless driving.

  3. Driving any vehicle known to the driver not to be in good order and repair.

  4. Violation of Section 5.29.100 in any 12-month period.

  5. Falsifying or omitting material and relevant facts on an application for a public vehicle driver's permit.

  6. Conviction or plea of nolo contendere to the violation of any law involving alcohol.

  7. Conviction or plea of nolo contendere to the violation of any law involving moral turpitude.

  8. Operating any vehicle in a manner which constitutes a misdemeanor under the laws of the State of California.

  9. Conviction of a misdemeanor or felony "crime of violence" defined as a crime that by its nature poses a substantial risk of the use, attempted use, or threatened use of physical force against another person or property of another. A crime of violence may include, but is not limited to, the following crimes: domestic abuse, murder, manslaughter, criminal vehicular homicide and injury, assault, sexual assault, use of drugs to injure or to facilitate crime, robbery, burglary, kidnapping, false imprisonment, incest, rape, neglect or endangerment of a child, arson, terrorist threats, or stalking.

  10. Repeated violations of this chapter.

• B. The Chief of Police shall immediately suspend the public vehicle driver's permit of any driver upon the receipt of information reasonably sufficient and reliable to establish that the driver:

  1. Has been formally accused of a violation of law involving:

     • a. A felony;

     • b. A sex offense;

     • c. A prostitution solicitation offense;

     • d. A narcotics offense;

     • e. A crime of violence as defined by this section;

     • f. A reckless driving offense;

     • g. A hit and run offense;

     • h. A driving under the influence of alcohol or drugs offense;

     • i. A public intoxication offense; or

  2. Has had a license to drive issued by the State of California suspended by the State.

• C. Such a suspension shall remain in effect until there has been a final judgment of conviction by a court of competent jurisdiction; the entry of a plea agreement entering a plea of guilty or no-contest shall constitute a conviction.

• D. The Chief of Police shall immediately revoke the public vehicle driver's permit of any driver if that permit has become void by operation of Section 5.29.175 of this chapter, or if that driver:

  1. Has been found guilty by final judgment of a court of competent jurisdiction, as defined by this section, of a violation of the law involving:

     • a. A felony,

• b. A sex offense,

  • c. A prostitution solicitation offense,

  • d. A narcotics offense,

  • e. A crime of violence offense as defined by this section, or

  • f. A hit and run offense; or

  2. Has had a license to drive issued by the State of California revoked by the State.

• E. If the required insurance policy is cancelled for either the owner or the driver of a taxi, both the owner and the driver shall be suspended for no less than three days for the first violation in a one-year period, 15 days for the second violation in a one-year period, and revoked for the third violation in a one-year period.

• F. A driver may appeal a suspension or revocation under this section to the Board of Fire and Police Commissioners if the notice of appeal is filed with the Chief of Police within the 10 days after written notice of suspension is provided to the driver. The Board of Fire and Police Commissioners shall hear an appeal after a notice of appeal is filed with the Police Chief, as required by this subsection, at the next regular meeting of the Board of Fire and Police Commissioners.

• G. A suspension shall remain in effect until a duly filed appeal is heard by the Board of Fire and Police Commissioners. The Board of Fire and Police Commissioners shall suspend a driver's permit for as long as a license to drive and vehicle issued by the State of California is suspended or revoked by the State. In the case of suspension for any other reason under this section, the Board of Fire and Police Commissioners shall consider the propriety of the suspension and may either rescind or continue the suspension as may be required to protect public safety, peace and welfare.

• H. Any decision, except under subsection C of this section, shall be effective immediately upon service of written notice of the decision and reasons therefore. A driver whose permit has been suspended or revoked by the Chief of Police shall be notified in writing within five days by certified mail directed to the last known address on record with the City. Such written notice shall state the reasons for the suspension or revocation.

• (Ord. 4206, 1983; Ord. 4974, 1996; Ord. 5360, 2005)

In addition to City business taxes as provided by Chapter 5.04 of this code, nonrefundable fees shall be paid when any application is made under the provisions of this chapter. For each application required pursuant to this chapter, application fees will be set forth in a resolution of the City Council.

(Ord. 4206, 1983)

• A. Every driver shall maintain a daily manifest which records:

  1. The time the vehicle went on and off duty.

  2. The vehicle identification number and driver's full name.

  3. All trips made each day showing time and place of origin and destination of each trip, and the number of passengers transported during each trip.

  4. The amount of fare charged for each trip.

• B. All such completed manifests shall be returned to the owner permit holder by the driver at the conclusion of the driver's work period. If the driver changes vehicles during any work period, such driver shall maintain a separate manifest for that portion of the work period in which another vehicle is used. The forms for such records shall be furnished to the driver by the owner and shall be subject to the approval of the Chief of Police. It is unlawful to maintain an incomplete manifest.

• C. Every owner's permit holder shall retain and preserve all driver manifests in a safe place for at least 180 days and the same shall be made available upon demand for inspection by the Chief of Police.

• D. Any article found in a vehicle shall be returned to the passenger owning it, if the passenger's identity is known to the driver; otherwise, it shall be reported on the daily manifest and, within 24 hours of the loss it shall be deposited at the Santa Barbara Police Department. Any articles taken in lieu of fare shall also be reported on the manifest and deposited with the company owner.

• E. The Chief of Police shall require that each owner shall report the terms of all agreements between owners and between owner and drivers and other parties which provide for payment for any or all of the following: for use of vehicle(s), rental payment for use of colors, rental payment for use of radio equipment, payment for dispatching service, obligation of drivers to perform unpaid services for owner's permit holders or owner. The Chief of Police shall be promptly informed of the terms of such agreements. All changes in the agreements shall be reported within 30 days of their approval by the parties.

• F. At all reasonable times, an owner's permit holder shall permit the Chief of Police to examine all business property of said owner's permit holder relating to the paratransit service for which such person was licensed, whether such property be situated within or without the City.

• G. Records shall be made of each order for service taken by telephone and shall include:

  1. Location of requested pickup.

  2. Identification of order taker.

  3. Date and time of order.

  4. Identification of dispatcher.

  5. Identification of vehicle dispatched.

  6. Time of dispatch.

Such records shall be kept for at least 90 days.

(Ord. 4206, 1983; Ord. 5360, 2005)

• A. Appeals to the Board of Fire and Police Commissioners.

  1. Any decision of the Chief of Police denying a permit, or denying an amendment to a permit, or imposing a suspension or revocation of any owner's or driver's permit shall not become final until 15 days after the date of transmittal of the written notice to the person affected by such decision, during which period the party to the action may appeal the decision in the manner provided herein at any time prior to the expiration date of the 15 day period. If no appeal is taken before the expiration of the 15 day period, the decision of the Chief of Police shall be final.

  2. The appeal of any decision shall be in writing signed by the party to the action briefly setting forth the reasons why such decision is not proper, stating an address at which the appellant will receive notices, and filed with the Clerk of the City.

  3. Upon filing an appeal, the party to the action shall be entitled to a hearing by the Board of Fire and Police Commissioners at the next regular meeting.

  4. The appellant or appellant's representative shall have the right to present his or her case in person.

  5. The Board of Fire and Police Commissioners shall consider the case record as well as any statements offered by interested parties. The hearing will be conducted according to administrative rules relating to evidence and witnesses as adopted by the Commission.

  6. If the Board of Fire and Police Commissioners refuses to issue, amend or restore a license or an owner's permit, the party to the action or such party's agent shall not file a new application within 365 days from the date of final action by the Board of Fire and Police Commissioners.

  7. If the Board of Fire and Police Commissioners suspends an owner's permit or a license, the Chief of Police shall determine a period of suspension of not more than 30 days, which is in accordance with the schedule of penalties developed by the Chief of Police.

  8. If the Board of Fire and Police Commissioners' action is to grant or restore a certificate or a license, the Commission shall direct the Chief of Police to issue or restore the certificate or license.

• B. Appeals to the City Council. Appeals to the City Council from the decision of the Board of Fire and Police Commissioners shall be made pursuant to the provisions of Section 1.30.050 of this code.

• (Ord. 4206, 1983; Ord. 5136, 1999; Ord. 5360, 2005)

• A. Any owner's permit holder may lease or rent any vehicles licensed to operate as taxis under the provisions of this chapter to holders of driver's permits, provided that any and all lease or rental agreements shall be made on lease or rent forms approved by the Chief of Police. Copies of such forms shall be provided to all lessees.

• B. Lease of vehicles under this section shall in no way relieve any owner's permit holder and lessee from responsibility of full compliance with all the provisions of this chapter.

• C. All chapter provisions applicable to an owner's permit holder shall also apply to a lessor, and any violations of such provisions by lessor shall be considered a violation by the owner's permit holder and shall carry the penalty prescribed.

• D. All chapter provisions applicable to a taxi driver shall also apply to a lessee, and any violations of such provisions by a lessee shall carry the prescribed penalty.

• E. Owner's permit holders entering into lease arrangements shall notify in writing the Chief of Police and provide the following information:

  1. The number of taxis operating under lease agreements.

  2. The vehicle identification numbers.

  3. The full name and address of the lessee.

  4. A photocopy of the lease or rental agreement as signed by both lessor and lessee.

  5. Any other pertinent information.

• F. It is unlawful to lease or rent a vehicle to any person other than a holder of a valid driver's permit issued under this chapter.

• G. It is unlawful for a lessee to fail to maintain an accurate daily manifest as prescribed by Section 5.29.240 of this chapter. The lessee shall deliver such records to the lessor who shall be responsible for their retention as specified in Section 5.29.240 of this chapter.

• H. The cost of maintenance of the vehicle, repair, or towing costs covered under a lease or rental agreement shall be the responsibility of the lessor.

• I. An owner's permit holder who leases or rents taxis shall have such taxis painted with the identifying color scheme and/or insignia, and such taxis shall be fully insured as provided by Section 5.29.310.

• J. Any violation of this section either by lessor or lessee shall be cause for suspension or revocation of the lessor's permit and the lessee's permit.

• (Ord. 4206, 1983; Ord. 5360, 2005)

• A. An owner's permit holder may contract for the operation of a vehicle owned by the driverowner under the provisions of this chapter, provided that any and all contract agreements shall be made on forms approved by the Chief of Police.

• B. Operation of vehicles under this section shall in no way relieve any owner's permit holder and driver-owner from responsibility of full compliance with all the provisions of this chapter.

• C. All provisions of this chapter applicable to owner's permit holders shall also apply to a driver-owner, and any violations of such provisions by such contractor shall be considered a violation by the owner's permit holder and shall carry the penalty prescribed.

• D. All provisions of this chapter applicable to a taxi driver shall also apply to a driver-owner, and any violation of such provisions by a driver-owner shall carry the prescribed penalty.

• E. Owner's permit holders entering into contract agreements with driver-owners shall notify in writing the Chief of Police and provide the following information:

  1. The number of taxis operating under contract agreements.

  2. The vehicle identification number(s).

  3. The full name and home address of the owner.

  4. A photocopy of the contract agreement as signed by the owner's permit holder and driver-owner.

  5. Any other pertinent information.

• F. It is unlawful to contract with a driver-owner for the operation of a vehicle unless such driver-owner is a licensed driver as provided under this chapter.

• G. It is unlawful for a driver-owner to fail to maintain an accurate daily manifest as prescribed by Section 5.29.240 of this chapter. The driver-owner shall deliver such records to the owner's permit holder who shall be responsible for their retention as specified in Section 5.29.240.

• H. It is the responsibility of the owner's permit holder to insure that the vehicle is maintained by the driver-owner as prescribed by Section 5.29.140.

• I. An owner's permit holder who contracts with a driver-owner for the operation of taxis shall insure that such taxis are painted with the approved identifying color scheme and/or insignia, and such taxis shall be fully insured as provided by Section 5.29.310 of this chapter.

• J. Any violation of this section either by an owner's permit holder or driver-owner shall be cause for suspension or revocation of the owner's permit holder's permit.

• (Ord. 4206, 1983; Ord. 5360, 2005)

An owner's permit holder shall, and by acceptance of the permit does, agree in writing to indemnify and hold the City of Santa Barbara, its officers, employees and agents harmless from any and all damages, claims, liabilities, costs, suits, or other expense resulting from and arising out of said permit holder's operations.

(Ord. 4206, 1983; Ord. 5360, 2005)

Any vehicle licensed by the City as a paratransit vehicle shall be operated according to the provisions of this section.

• A. Each driver shall carry in the vehicle a current map of the City. Upon request, the driver shall make the map available to the passenger.

• B. A driver shall not deceive any passenger who rides in the vehicle, or who expresses a desire to ride in such vehicle, as to that passenger's destination or the rate to be charged.

• C. Every vehicle while in operation for the solicitation or transportation of passengers shall be attended by the driver at all times except when such driver is actually engaged in loading or unloading the vehicle, or in answering telephones in connection with the business.

• D. A driver shall not leave the public vehicle driver's permit in an unattended or unsecured vehicle.

• E. No owner or driver of a vehicle shall knowingly permit such vehicle to be used for unlawful purposes or knowingly to transport persons therein to places for such purposes.

• F. It shall be the duty of the driver to give any passenger so requesting a receipt in writing signed by the driver.

• G. Drivers shall not stop to load or unload passengers or their belongings in the intersection of any street or any marked crosswalks. No vehicle shall load or unload in any such manner that will in any way impede or interfere with the orderly flow of traffic on the streets.

• H. A driver shall assist a passenger in and out of a vehicle when requested; however, a driver is not required to lift a passenger.

• I. No driver of any vehicle shall operate a vehicle, nor shall owner's permit holders or their agents require drivers to operate, more than 10 hours in any consecutive 24-hour period.

• J. No driver of any vehicle shall transport any more persons, including the driver, than the manufacturer's designated seating capacity for the vehicle.

• K. A taxi may be operated in any other mode of demand responsive transportation service, and when so operating shall comply with all provisions of this chapter regulating such other forms of service.

• L. When providing taxi service, the driver shall transport a passenger to the designated destination by the shortest, most direct, accessible and reasonable route unless otherwise directed by the passenger, in which case the directions of the passenger shall be followed. Further, a driver shall not transport any passenger or cause such passenger to be transported to a place other than as directed by such passenger.

• M. All drivers shall comply with all reasonable and lawful requests of a passenger as to the speed of travel and the route to be taken.

• N. Cruising is permitted, but only when such movements do not usually obstruct the normal flow of traffic. If it is determined by the Chief of Police upon review of actual traffic data that cruising significantly obstructs the normal flow of traffic at certain locations or times, the City Administrator may, by administrative order, prohibit cruising at such locations or times.

• O. Every vehicle shall be operated in accordance with the laws of this State, the provisions of this chapter and other ordinances and laws of the City, with due regard to the safety, comfort and convenience of passengers and the general public.

• P. The Chief of Police is empowered to make regulations necessary to make effective the provisions of this chapter, and to cover emergencies or special conditions. In the event that after 90 days the experimental regulations have proved satisfactory, they may be placed into effect permanently by authorization of the Board of Fire and Police Commissioners.

• Q. It is unlawful for any driver of any vehicle to refuse service to a prospective passenger or to take any action to actively discourage any person unless:

  1. It shall be readily apparent that the person presents a hazard to the driver.

  2. The person is unable to pay the lawful fare upon request.

• R. It is unlawful for any driver of any paratransit service vehicle licensed by the City to use any tobacco product while passengers are in the vehicle as set forth in Chapter 9.20 of this code.

• (Ord. 4206, 1983; Ord. 5360, 2005)

• A. It shall be a condition precedent to the issuance of an owner's permit that a completed certificate of insurance, on a form provided by the City, be filed with the City Clerk. All insurance policies must be renewed by 3 p.m. of the last business day prior to the expiration date of the current insurance policy. Said certificate shall provide evidence of insurance in amounts and with conditions acceptable to the City. The owner's insurance shall remain in full force, at a level at least equal to the minimum requirements of the City, or the owner's permit shall be subject to revocation or suspension pursuant to this chapter.

• B. Insurance policies that are not renewed, or that are not in place by 3 p.m. of the last business day prior to the expiration date of the current policy, will result in all vehicles under the owner's permit being suspended for a period of no less than three days as set forth in Section 5.29.220 of this chapter.

• C. If insurance policies are cancelled for either the owner or driver for lack of payment, then both driver and owner's permits will be suspended for three days for the first violation in a one year period; and for 15 days for the second violation in a one year period; and revoked for one year for the third violation in a one year period.

• (Supersedes Chapter 5.28; Ord. 4206, 1983; Ord. 5360, 2005)