Scotts Valley Municipal Code Ch. 5.32 Taxicabs

The purpose of this chapter is to promote the public health, safety and welfare by regulating taxicab transportation services pursuant to state law.

(Ord. 50.3 § 2(part), 1991)

A. No person shall operate a taxicab, as defined in Chapter 5.50 of the Santa Cruz County Code, or permit a taxicab owned or controlled by him to be operated, as a vehicle for hire upon any street of the city, unless the driver of the taxicab has been issued a taxicab driver's permit which is in full force and effect. No person shall engage in taxicab transportation services as may be permitted thereunder except in accordance with such terms, conditions, restrictions and limitations as may be set forth in such permit and in this chapter.

B. Except as expressly specified herein, the provisions of this chapter shall not apply to any taxicab business, and the owners, operators, drivers or taxicabs thereof, whose principal place of business is located outside the corporate limits of the city and whose taxicab services within the city are limited solely to the discharge of passengers who were picked up from points outside the corporate limits of the city.

(Ord. 50.3 § 2(part), 1991)

A. Any person desiring to obtain a taxicab driver's permit shall submit an application and the appropriate fees to the city clerk. The application must be verified under penalty of perjury, and must include the following information:

1. The name, age, business address and residence of the applicant, if a natural person; if a corporation, its name, date and place of incorporation, address of its principal office, and the names of its principal officers together with their respective addresses; if a partnership, association or other unincorporated entity, the names of the partners or persons comprising the association or company, with the place of business and residence of each.

2. The number of vehicles to be operated or controlled by the applicant, and the description of each vehicle, giving the model, serial and license number, where available, the seating capacity and the name of the manufacturer, and the location of proposed depots and terminals, if any.

3. A sworn statement that each taxicab will be equipped with a taximeter, as defined in Chapter 5.50 of the Santa Cruz County Code, which will correctly compute and indicate the amount charged, the distance traveled and the waiting time elapsed.

4. Proof that the applicant holds any and all requisite state of California vehicle operator's licenses.

5. Proof that the applicant holds valid owner's and driver's licenses issued by the county of Santa Cruz pursuant to Chapter 5.50 of the Santa Cruz County Code.

6. A sworn statement that the applicant is in compliance with all of the provisions of Chapter 5.50 of the Santa Cruz County Code.

7. A sworn statement that the applicant has not been convicted of a felony under the laws of the state of California or of the United States.

B. After reviewing the application and determining that it is complete and that the applicant qualifies for a taxicab driver's permit, and after receipt of the appropriate fees, the city clerk shall issue the permit. The city clerk may deny the permit if the applicant formerly held a permit and it was: (1) revoked or suspended for the reasons set forth in Sections 5.32.060(A)(3)—(6); or (2) has been revoked or suspended more than once. The permit shall be valid for so long as the permittee operates the vehicle(s) specified in the application, unless the permit is revoked or suspended. The city clerk shall sign each taxicab driver's permit issued, and keep a record of all permits issued, showing the numbers, the dates issued, and the person to whom issued.

C. Any applicant for whom a taxicab driver's permit has been refused may appeal in writing to the city council within ten days of the date of refusal. The city council shall set the matter for hearing and shall cause notice of the hearing to be given to the petitioner not less than five days prior to the hearing. At the hearing, the applicant shall show cause why the taxicab driver's permit should not be refused.

(Ord. 50.3 § 2(part), 1991)

Every person to whom a taxicab driver's permit is issued shall keep it conspicuously posted in the taxicab and shall, upon demand, exhibit to the city clerk or to any police officer.

(Ord. 50.3 § 2(part), 1991)

No taxicab driver's permit issued under the provisions of this chapter shall be assignable or transferable in any manner whatsoever.

(Ord. 50.3 § 2(part), 1991)

A. The chief of police is authorized to revoke or suspend any taxicab driver's license issued under this chapter on the following grounds:

1. Failure to comply with the provisions of this chapter, with Chapter 5.50 of the Santa Cruz County Code or any other applicable law;

2. Suspension or revocation by the Department of Motor Vehicles of the privilege of the permittee to operate a motor vehicle;

3. Conviction of a violation of Sections 23103, 23104, 23152 or 23153 of the California Vehicle Code or conviction of any offense involving the use, sale, possession or transportation of narcotics;

4. The consumption by permittee of an alcoholic beverage while on duty;

5. Misrepresentation of a material fact by the applicant in obtaining a permit; and

6. The commission of any act by the permittee or the existence of any fact or condition, which, had it existed at the time the application for the taxicab driver's permit was originally filed, would have warranted the disapproval or denial of the permit.

B. Procedure on Suspension.

1. Subject to subdivision 2 of this subsection B, prior to revocation of a permit, the permittee shall be given ten days' notice by personal service or registered mail. Permits shall be suspended or revoked upon notice as herein provided and upon a hearing at which the permittee may attend and show cause why his permit should not be revoked. The chief of police shall issue written findings within ten days of the hearing.

2. In the event of an immediate hazard to life, limb, health, safety, property or general welfare, the chief of police may issue an order suspending a driver from engaging in all or any part of the activities which constitutes such hazard. The chief of police may further order that the driver show cause why the chief of police should not suspend or revoke the driver's taxicab driver's permit. The order shall specify the time, date and place of hearing, which must be held within ten days.

C. Appeal.

1. Within thirty days after the date on which the decision of the chief of police is mailed to the permittee, the permittee may appeal the decision to the city council. The appeal must contain the decision, and specify the grounds and reasons for appeal, and the name and address of the appellant or his or her representative.

2. Within thirty days after receipt of the appeal, the city council shall conduct a hearing. Ten days' written notice of the time and place of the hearing shall be sent to the appellant and chief of police. The appellant and the chief of police shall each have the right to be present personally or through representatives, to introduce oral and documentary evidence, examine and cross-examine witnesses, to be heard and defend their respective positions.

3. Within fifteen days after the conclusion of the hearing, the city council shall render a written decision, specifying the action taken and the grounds for the action. This decision shall be final.

D. Any permittee whose permit is suspended or revoked shall not operate a taxicab unless he or she has applied for, and received, a new taxicab driver's permit.

(Ord. 50.3 § 2(part), 1991)

A. The rates and fares in existence at the time of adoption of this chapter shall remain in effect unless amended by the city council as set forth herein.

B. The city council shall have the power and authority to regulate and fix by resolution from time to time, all rates, fares and charges for taxicab transportation services. It is unlawful, except for trips from points outside the city limits when the charge is fixed on a trip basis, for any permittee to fix, charge or collect a rate in excess of such fare.

C. Before any action is taken by the city council to regulate and fix rates and charges under this section, each person holding a taxicab driver's permit shall be given ten days written notice and an opportunity to be heard before the city council.

D. A copy of the rate schedule shall be filed in the offices of the city clerk and the chief of police.

(Ord. 50.3 § 2(part), 1991)

A. The city council shall have the power and authority to establish by resolution from time to time the amount of the taxicab driver's permit fee.

B. Any person, partnership, firm, corporation or association engaged in the business of operating a passenger vehicle for hire shall obtain a business license in accordance with the provisions of Chapter 5.04.

(Ord. 50.3 § 2(part), 1991)

The city clerk and the chief of police, acting for themselves or through their respective deputies, are authorized and directed to enforce the provisions of this chapter, and to perform those duties imposed upon them under this chapter.

(Ord. 50.3 § 2(part), 1991)

A. Any person, firm or corporation violating any of the provisions of this chapter shall be subject to all of the provisions of Chapter 1.08 of this Code.

B. In addition to any other penalty, the operation of a taxicab upon the streets of this city in violation of this chapter shall constitute a public nuisance, and may be summarily abated as such by the city. As part of the abatement remedy the city may, without limitation, confiscate and impound the taxicab until such time as any and all violations have been otherwise abated.

C. In addition to any other penalty, any person who knowingly or intentionally misrepresents any material fact in applying for a taxicab driver's permit under this chapter shall be guilty of a misdemeanor.

(Ord. 50.3 § 2(part), 1991)