Article II — Permits and Regulations

• (a) No owner shall operate or permit the operation of a taxicab as a vehicle for hire on the streets of the City of Santa Clara without having first obtained a taxicab permit from the city within Santa Clara County in which the owner is substantially located, as that term is defined in Government Code Section 53075.5 , or from the County of Santa Clara.

• (b) If owner is substantially located in the City of Santa Clara, then owner must obtain a taxicab permit from the City of Santa Clara as set forth in this chapter.

• (c) Owner must be the registered owner of at least seven taxicabs at the time of filing the permit application pursuant to SCCC § 5.35.050 , and must maintain at least seven taxicabs and seven permitted drivers for the duration of the permit.

• (Ord. 1989 § 1, 10-16-2018)

• (a) No owner shall operate or permit the operation of a pedi-cab on the streets of the city without having obtained from the Chief of Police a pedi-cab permit pursuant to the provisions of this chapter.

• (b) The applicant must be the registered owner of at least seven pedi-cabs at the time of filing the application, and must maintain at least seven pedi-cabs and seven permitted operators while operating in the City of Santa Clara.

• (c) The vehicles described in Vehicle Code Section 467.5(c) are not permitted in the City of Santa Clara.

(d) Alcoholic beverages may not be consumed on a pedi-cab in the City of Santa Clara. (Ord. 1989 § 1, 10-16-2018)

Every owner substantially located in the City of Santa Clara shall execute and file with the Chief of Police a verified application for taxicab permit containing the following information:

• (a) The owner's name, home address and business address;

• (b) The owner's trade name and distinguishing vehicle markings including color or colors if a color scheme is used;

• (c) The primary business address of the proposed business, where an office or terminal containing the documents or other information required by this chapter may be inspected by the City;

• (d) Satisfactory proof that the primary business address, if located within the city, is properly zoned and is in compliance with any required land use permit, for the conduct of the proposed business;

• (e) The applicant's past experience with regard to taxicab service;

• (f) Whether any license, permit or certificate issued to the applicant has been denied, revoked or suspended by any public organization. The circumstances of said denial, revocation or suspension shall be fully explained;

• (g) Whether the applicant has been convicted of a crime within five years prior to the date of the application, including the nature of the crimes;

• (h) The number of vehicles proposed to be used as taxicabs;

• (i) A description of the vehicles, including the make, model, serial number and license number of each vehicle;

• (j) A sworn statement that each vehicle is in safe operating condition and is in compliance with the California Vehicle Code , made by an individual certified by or registered with the National Institute for Automotive Service Excellence or the California Bureau of Automotive Repair, who has inspected and examined such vehicles;

• (k) A completed taxicab inspection form showing that each vehicle has successfully passed all required inspections including inspection by the Police Department;

• (l) A sworn statement by the owner that the owner shall not operate any vehicle until the statement in subsection (j) of this section and the form in subsection (k) of this section concerning the vehicle have been filed with the Chief of Police;

• (m) Evidence that owner is the registered owner of each vehicle. Owner shall declare that owner will not operate any vehicle until owner has become the registered owner of such vehicle and

evidence thereof is filed with the Chief of Police;

• (n) Evidence of reasonable financial responsibility, shown by providing a duplicate copy of the insurance policies required by SCCC § 5.35.310 ;

• (o) Evidence that owner has paid all applicable City taxes including the business tax certificate;

• (p) Proof of substantial location in the City of Santa Clara, including submission of trip data (if applicable) for the prior year, in a form to be prescribed by the Chief of Police;

• (q) Certification that each driver of vehicles operated under the permit has tested negatively for controlled substances and alcohol under a mandatory controlled substance and alcohol testing certification program that complies with Government Code Section 53075.5(b)(3) ;

• (r) Proof of compliance with Government Code Section 53075.5(h) , as that section may be amended or renumbered, including pull-notice program participation, safety training, disabled access education and criminal history check of drivers; and

(s) Such additional information as the Chief of Police may require. (Ord. 1989 § 1, 10-16-2018)

Every owner shall execute and file with the Chief of Police a verified application for pedi-cab permit containing the following information:

• (a) The owner's name, home address and business address;

• (b) The owner's trade name and distinguishing vehicle markings including color or colors if a color scheme is used;

• (c) The location of the proposed business;

• (d) Satisfactory proof that the location of the proposed business, if in the City of Santa Clara, is properly zoned and is in compliance with any required land use permit for the conduct of the proposed business;

• (e) The applicant's past experience with regard to pedi-cab service;

• (f) Whether any license, permit or certificate issued to the applicant has been denied, revoked or suspended by any public organization. The circumstances of said denial, revocation or suspension shall be fully explained;

• (g) Whether the applicant has been convicted of a crime within five years prior to the date of the application, including the nature of the crimes;

• (h) The number of pedi-cabs proposed;

• (i) A sworn statement that each vehicle is in safe operating condition, made by the proprietor of a business engaged in maintenance and repair of similar vehicles, who has inspected and examined the vehicles;

• (j) A completed pedi-cab inspection form showing that each pedi-cab has successfully passed inspection by the Police Department;

• (k) A sworn statement by the owner that the owner shall not operate any pedi-cab until the statement in subsection (i) of this section and the form in subsection (j) of this section have been filed with the Chief of Police;

• (l) Proof of insurance in the amounts set forth in SCCC § 5.35.315 ;

• (m) Evidence that owner has paid all applicable City taxes including the business tax certificate;

(n) Such additional information as the Chief of Police may require. (Ord. 1989 § 1, 10-16-2018)

The renewal of an owner's permit, for both taxicabs and pedi-cabs, shall be made annually with the Police Department. If there are substantial changes in the owner's application information, the Police Department may require that the owner submit a new application for review and approval. Application renewal shall generally include:

• (a) Proof of current, valid insurance coverage with limits and terms as set forth in this chapter;

• (b) Proof of pull-notice program participation (if applicable);

• (c) Trip data information showing substantial location in the city (if applicable);

• (d) Annual vehicle inspection results; and

• (e) Proof of compliance with drug and alcohol testing program requirements (if applicable). (Ord. 1989 § 1, 10-16-2018)

Owners and driver/operators shall pay all applicable fees including, but not limited to, an initial permit fee and an annual renewal fee, as established by resolution of the City Council. (Ord. 1989 § 1, 10-16-2018)

The Chief of Police, or the City Manager on appeal, may deny an application for a permit on any of the following grounds:

• (a) The application fails to contain any of the required information, or fulfill the criteria, set forth in this chapter;

• (b) Any of the information contained in the application is false;

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

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

• (e) An act or omission of the applicant constitutes a ground for revocation or suspension of the permit;

• (f) The applicant, within five years prior to the date of application, has been convicted of a crime, and the crime is substantially related to the qualifications, functions or duties of the taxicab or pedi-cab business, as applicable;

• (g) The applicant has had a taxicab or pedi-cab permit revoked or suspended within five years prior to the date of application; or

• (h) The applicant has failed to pay when due any applicable taxes or fees imposed by the City of Santa Clara.

• (Ord. 1989 § 1, 10-16-2018)

• (a) Within a reasonable time after receipt of the application, the Chief of Police may either grant or deny the application.

• (b) The Chief of Police may impose such terms, conditions or restrictions on the permit as he or she deems necessary to provide adequate and dependable service to the public and to protect the use of public streets and facilities.

• (Ord. 1989 § 1, 10-16-2018)

The decision of the Chief of Police to deny an application for a permit under this chapter may be appealed under the procedures set forth in Chapter 2.115 SCCC. (Ord. 1989 § 1, 10-16-2018; Ord. 2007 § 6, 11-19-2019)

The permit issued pursuant to this chapter, and all interests, rights and obligations pertaining thereto, are personal to the holder of such permit, and are not transferable or assignable, by operation of law or otherwise.

(Ord. 1989 § 1, 10-16-2018)

• (a) Permission to operate vehicles in addition to or different from those approved under the initial permit may be obtained by filing an application amendment with the Chief of Police in the same manner as prescribed by this chapter for obtaining the initial permit.

• (b) In granting or denying such applications for additional or different vehicles, the Chief of Police shall have the same authority as vested in the Chief of Police by this chapter in the matter of the initial applications.

• (Ord. 1989 § 1, 10-16-2018)

Owner may set fares or charge a flat rate. Owner may use any type of device or technology approved by the Division of Measurement Standards to calculate fares, including the use of Global Positioning System metering; provided, that the device or technology complies with Section 12500.5 of the Business and Professions Code and with all regulations established pursuant to Section 12107 of the Business and Professions Code, as those sections may be amended or renumbered. Owner shall disclose fares, fees, or rates to the customer. Owner may satisfy this requirement by disclosing fares, fees, or rates on its internet website, mobile telephone application, or telephone orders upon request by the customer. Owner shall notify the passenger of the applicable rate prior to the passenger accepting the ride for walkup rides and street hails. The rate may be provided on the exterior of the vehicle, within an application of a mobile telephone, device, or other internetconnected device, or be clearly visible in either print or electronic form on or inside the vehicle. (Ord. 1989 § 1, 10-16-2018)

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

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

• (Ord. 1989 § 1, 10-16-2018)

• (a) No owner or driver of any taxicab shall refuse to provide taxicab service to a person who requests to be taken to a destination within the city, except as provided in subsection (b) of this section.

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

  • (1) The person requesting such service does not appear to be in a sober or orderly manner;

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

  • (3) The taxicab has already been hired.

• (Ord. 1989 § 1, 10-16-2018)

No owner or driver/operator shall prejudice, disadvantage, or require different rates or provide different service to a person because of race, national origin, religion, color, ancestry, physical disability, medical condition, occupation, marital status or change in marital status, sex, or any characteristic listed or defined in Section 11135 of the Government Code. (Ord. 1989 § 1, 10-16-2018)

Unless otherwise directed by the passenger, the driver or operator of a taxicab or pedi-cab shall take the most direct, expeditious and safe route from the starting point to the destination point. (Ord. 1989 § 1, 10-16-2018)

• (a) No owner or driver/operator shall charge a greater fare than that disclosed to the passenger pursuant to SCCC § 5.35.150 .

• (b) It shall constitute a ground for revocation or suspension of a permit for any owner or driver/operator to charge a greater fare than that authorized by this chapter.

• (c) The owner or driver/operator who overcharges a fare shall be liable to the person who hires the taxicab or pedi-cab for the difference between the amount of fare actually charged and the amount of fare authorized by this chapter.

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

• (Ord. 1989 § 1, 10-16-2018)

• (a) Drivers shall test negative for each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, before employment. Drivers shall test negative for these controlled substances and for alcohol as a condition of grant of permit and renewal of a permit. As used in this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.

• (b) Procedures shall be substantially as in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, except that the driver shall show a valid California driver's license at the time and place of testing, and except as provided otherwise in this section. Requirements for rehabilitation and for return-to-duty and follow-up testing and other requirements, except as provided otherwise in this section, shall be implemented by owners substantially as in Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations.

• (c) A test from another jurisdiction shall be accepted by the City. Any negative test result shall be accepted for one year as meeting the requirement for periodic permit renewal testing, if the driver has not tested positive subsequent to a negative result. However, an earlier negative result shall not be accepted as meeting the pre-employment testing requirement for any subsequent employment, or any testing requirements under the program other than periodic testing.

• (d) In the case of a self-employed independent driver, the test results shall be reported directly to the City, which shall notify the taxicab leasing company of record, if any, of positive results. In all other cases, the results shall be reported directly to the owner, who shall notify the City immediately of positive results.

• (e) All test results are confidential and shall not be released without the consent of the driver, except as authorized or required by law.

• (f) Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of, this program with regard to themselves. Owners shall be responsible for compliance with, and shall pay all costs of, this program with respect to their employees and potential employees, except that an owner may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and follow-up testing.

• (g) Upon the request of a driver applying for a permit, the City shall give the driver a list of the consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations that the City knows offer tests in or near the city.

• (Ord. 1989 § 1, 10-16-2018)

• (a) Refusal to Pay Fares Prohibited.

  • (1) No person shall refuse to pay the fare imposed on the person for having received any taxicab or pedi-cab service.

  • (2) No person shall hire any taxicab or pedi-cab with the intent to defraud the owner or driver/operator of the value of the service.

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

• (b) Receipt for Fare. The driver/operator of any taxicab or pedi-cab shall give any passenger who so requests a receipt for the fare charged and paid. The receipt shall contain:

  • (1) The name of the business;

  • (2) The name of the driver/operator;

  • (3) Taxicab or pedi-cab license number;

  • (4) Date of transaction; and

(5) The amount of fares charged and paid. (Ord. 1989 § 1, 10-16-2018)

• (a) Each taxicab operated under a taxicab permit issued pursuant to this chapter shall at all times have:

  • (1) One operable safety belt for each passenger carried;

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

  • (3) A set of tools for changing tires;

  • (4) Two independently acting and entirely unconnected braking systems in proper operating order;

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

  • (6) An "out of service" sign within the vehicle, with dimensions of twelve (12) inches by fourteen (14) inches, to be displayed in the right rear window during those times when the taxicab is on public streets and not available for hire by the general public.

• (b) Each taxicab operated under a taxicab license issued pursuant to this chapter shall be maintained in such condition so that:

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

  • (2) The inside of the taxicab and the luggage compartment is free of litter and trash, and shall be maintained such that it does not soil, rip or otherwise damage the passenger's clothing or effects; and

  • (3) The exterior of the taxicab is clean and in good repair, and does not have any missing components.

• (c) All taxicabs shall be no more than nine model years old or exceed four hundred thousand (400,000) miles, upon the annual taxi inspection date. These two requirements may be waived at the discretion of the Permits Unit, if the taxicab meets all current safety inspection requirements.

• (Ord. 1989 § 1, 10-16-2018)

• (a) Each pedi-cab operated under a pedi-cab permit issued pursuant to this chapter shall at all times be clean and safe, and have:

  • (1) Seatbelts for all passengers;

  • (2) Seat backs for all passengers;

  • (3) Hydraulic or mechanical disc brakes;

  • (4) Reflectors on each wheel and on the front and rear of the vehicle;

  • (5) Headlights and taillights;

  • (6) Turn signals visible from the front and rear of the vehicle; and

  • (7) Grab rails.

• (b) The seating area of the pedi-cab shall be free of litter and trash, and shall be maintained such that it does not soil, rip or otherwise damage the passenger's clothing or effects.

• (Ord. 1989 § 1, 10-16-2018)

• (a) Taxicabs identified and permitted by another jurisdiction may use that identification scheme while working within the city.

• (b) For taxicabs not previously identified and permitted by another jurisdiction, the following identification shall be placed on both sides and the rear of each taxicab operated under this chapter, to be applied by non-water-soluble paint or similar material:

  • (1) A serial body number, issued by the Chief of Police for each taxicab:

    • (A) Shall be placed on both the front quarter panels and the left side of the rear trunk lid of each vehicle.

    • (B) Shall be at least four inches in height and of such color as will contrast distinctly with the color of the body of the taxicab.

  • (2) The owner's trade name:

    • (A) Shall include the word "taxicab," "taxi" or "cab."

    • (B) Shall be in letters at least four inches in height and of such color as will contrast distinctly with the color of the body of the taxicab.

• (c) The owner and the driver shall maintain the paint, color scheme if a scheme has been adopted, decals and lettering on the exterior of a taxicab in good condition for the duration of the permit period, and visible at all times.

• (d) All identification required to be placed on a taxicab shall be removed within forty-eight (48) hours after such taxicab is removed from the owner's taxicab service.

• (Ord. 1989 § 1, 10-16-2018)

• (a) The following identification shall be placed on both sides and the rear of each pedi-cab passenger compartment, to be applied by non-water-soluble paint or similar material, to be clearly visible at all times, and shall be at least four inches in height and of such color as will contrast distinctly with the color of the body of the taxicab:

  • (1) The permit number, issued by the Chief of Police for each pedi-cab;

  • (2) The owner's trade name.

• (b) The owner and the driver/operator shall maintain the paint, color scheme if a scheme has been adopted, decals and lettering on the exterior of a pedi-cab in good condition for the duration of the permit period.

• (c) All identification required to be placed on a pedi-cab shall be removed within forty-eight (48) hours after such pedi-cab is removed from service.

• (Ord. 1989 § 1, 10-16-2018)

• (a) All vehicles shall be safety inspected annually in the manner provided for by this chapter, the California Vehicle Code , and/or Government Code Section 53075.5 , as applicable. The inspection shall be completed prior to the renewal of the permit. If the vehicle successfully completes the safety inspection, a safety permit sticker shall be issued and shall be displayed in the rear window of a taxicab or on the rear of the passenger compartment of a pedi-cab.

• (b) Taxicabs that are owner-operated vehicles will receive a taxicab safety permit sticker only if the registered owner holds a valid taxi driver permit.

• (c) The driver of a vehicle shall inspect the vehicle and its equipment at least once each day.

• (d) The owner of a vehicle, who is aware of or should have been aware of any unsafe condition of the vehicle, shall not allow the vehicle to be used until necessary repairs are made.

• (Ord. 1989 § 1, 10-16-2018)

• (a) Upon receipt of a citizen's complaint or police officer's observation regarding the mechanical condition of a vehicle, or following the vehicle's involvement in an accident, the Chief of Police may require any or all of the following:

  • (1) A visual inspection of the vehicle by a member of the Police Department; and/or

  • (2) An interview by a member of the Police Department with the owner or driver/operator of the vehicle regarding the mechanical condition of the vehicle; and/or

  • (3) A sworn statement that the vehicle is in safe operating condition, made in the same manner as that submitted with a permit application.

• (b) If the owner or driver/operator of the vehicle refuses to submit to an inspection as required by subsection (a) of this section, the Chief of Police may issue an order prohibiting such vehicle from use in service.

• (c) Upon determination that any vehicle operated under a permit is not in safe operating condition, the Chief of Police may issue an order requiring that such vehicle not be used in service until it has been repaired to the satisfaction of the Chief of Police.

• (d) The Chief of Police shall have the authority to impound vehicles which continue to be used for service in violation of the order.

• (Ord. 1989 § 1, 10-16-2018)

Each permitted owner and driver/operator of a vehicle involved in an accident resulting in property damage exceeding one hundred dollars ($100.00), or personal injury of any kind, shall report the accident to the Chief of Police within ten days after the accident. (Ord. 1989 § 1, 10-16-2018)

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

  • (1) The names, addresses and dates of commencement and termination of employment or engagement under contract of drivers/operators by the owner;

  • (2) The description of the vehicle driven by each driver/operator, including the make, model, serial number and license number (as applicable);

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

  • (4) A log of all trips made by drivers/operators including the starting and destination points and times; and

  • (5) All other information required by State law.

• (b) The owner shall maintain such records for a minimum period of five years and shall make them available for inspection upon request by the Chief of Police.

• (c) The owner, who is aware of or should have been aware that a driver/operator does not possess a valid City driver's permit, shall not dispatch that driver/operator for hire within the city.

• (d) Drivers/operators shall submit to owner a daily log sheet indicating, at a minimum, the following:

  • (1) Driver/operator name;

  • (2) Date;

  • (3) Vehicle number;

  • (4) Time started;

  • (5) Time finished;

  • (6) Time of pick-up call;

  • (7) Pick-up location; and (8) Drop-off location.

• (Ord. 1989 § 1, 10-16-2018)

• (a) No taxicab permit shall be issued or continued in operation unless there is in full force and effect a policy of comprehensive automobile liability insurance in a form approved by the City Attorney, executed by an insurance company authorized to conduct business in the State of California and with an A.M. Best rating of at least A VII, whereby the owner and driver of each of the taxicabs operated under the permit are insured against liability for damage to property and for injury to or death of any person as a result of the ownership, operation or other use thereof. The minimum liability limits upon each vehicle shall not be less than one million dollars ($1,000,000.00) combined single limit for bodily injury to or death of any persons and for damages to or destruction of property in any one accident.

• (b) Such policy of insurance shall contain an endorsement providing that the policy will not be cancelled until notice in writing has been given to the City of Santa Clara, addressed to the Chief of Police, at least thirty (30) days immediately prior to the time such cancellation becomes effective.

• (c) Such policy of insurance shall name the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents as additional insureds using an endorsement acceptable in form to the City Attorney.

• (d) Taxicab permit holders, vehicle owners and drivers shall indemnify, defend and hold harmless the City, its City Council, commissions, officers, employees, volunteers and agents from any loss, liability, claim, injury or damage arising or alleged to arise from the willful or negligent acts or omissions of the taxicab permit holder, vehicle owner or driver in connection with the provision of transportation service pursuant to the taxicab permit.

• (Ord. 1989 § 1, 10-16-2018)

• (a) No pedi-cab permit shall be issued or continued in operation unless there are in full force and effect policies of general liability coverage and general umbrella insurance, executed by an

insurance company authorized to conduct business in the State of California and with an A.M. Best rating of at least A VII, whereby the owner and operator of each of the pedi-cabs operated under the permit are insured against liability for damage to property and for injury to or death of any person as a result of the ownership, operation or other use thereof. The minimum liability limits shall be in the amounts set forth in Vehicle Code Section 21215 , which section is made expressly applicable to pedi-cabs defined under Vehicle Code Section 467(a) and (b) in the City of Santa Clara.

• (b) Such policy of insurance shall contain an endorsement providing that the policy will not be cancelled until notice in writing has been given to the City of Santa Clara, addressed to the Chief of Police, at least thirty (30) days immediately prior to the time such cancellation becomes effective.

• (c) Such policy of insurance shall name the City of Santa Clara, its City Council, commissions, officers, employees, volunteers and agents as additional insureds using an endorsement acceptable in form to the City Attorney.

• (d) Pedi-cab permit holders, vehicle owners and driver/operators shall indemnify, defend and hold harmless the City, its City Council, commissions, officers, employees, volunteers and agents from any loss, liability, claim, injury or damage arising or alleged to arise from the willful or negligent acts or omissions of the permit holder, vehicle owner or driver/operator in connection with the provision of transportation service pursuant to the permit.

• (Ord. 1989 § 1, 10-16-2018)