Selma Municipal Code Ch. 4 Taxicabs; Vehicles for Hire

Whenever the following words or terms are used in this Chapter they shall have the meanings herein ascribed to them:

TAXICAB: The word "Taxicab" shall mean every automobile or motor propelled vehicle by means of which passengers are transported for hire upon any public street in the City and not over a particular or defined route, and irrespective of whether the operations extend beyond the boundary limits of the City or not, where charge for the transportation is measured by the distance traveled or by the time required for such transportation, or both, excepting vehicles or transportation companies as herein defined.

TRANSPORTATION COMPANIES: The term "Transportation Companies" shall be synonymous with the phrase "Transportation Company" as defined in that certain Act of the Legislature of the State, approved May 10, 1917, providing for the supervision of transportation of persons and property for compensation over public highways by automobiles, jitney buses, auto trucks, stages and auto stages and all amendments to the Act.

AUTOMOBILE FOR HIRE: The term "Automobile For Hire" shall mean every automobile or motor propelled vehicle by means of which passengers are transported for hire upon any public street in the City and not over a regular or defined route and irrespective of whether the operation extends beyond the limits of the City or not, except vehicles embraced in the term taxicab and except vehicles and transportation companies as herein defined.

It shall he unlawful to operate an automobile for hire or a taxicab upon any public street within the City without first having obtained a permit to so do in accordance with the provisions hereof and without complying with all the provisions of this Chapter. (Ord. 371, 8-19-46)

Any person desiring to obtain a permit required by Section 5-4-2 of this Chapter shall pay a fee of one hundred dollars ($100.00) to the Clerk and shall make application for the permit to the Council which application shall set forth: (Ord. 906, 12-19-88)

(A) The name and address of the applicant, and if the same be a corporation, the names of its principal officers, or if the same is a partnership, association or fictitious company, the names of the partners or persons comprising the association or company with the addresses of each.

(B) A statement as to whether the permit is desired for an automobile for hire or taxicab.

(C) A description of every motor vehicle which the applicant proposes to use, giving:

• 1. Trade name, year and model.
• 2. Motor and serial number.
• 3. State license number.
• 4. Seating capacity.
• 5. Body style.

6. The street number and exact location of the place where the applicant proposes to stand each such automobile.

(D) Proposed schedule of rates or fares to be charged for carrying passengers in such automobile. (Ord. 371, 8-19-46)

(E) The distinctive color scheme, name, monogram or insignia, and illuminated status display (vacant/in use) which shall be used on the automobile. (Ord. 906, 12-19-88)

(F) If any proposed stand is in the public street, the application shall be accompanied by a written consent thereto of all the occupants of the ground floor of any building in front of which the automobile is to be located and for twenty feet (20') each way therefrom, or if there is no such occupant, by the written consent of the owner or lessee of the building or lot.

(G) The applicant shall maintain a place of business within the limits of the City and maintain a telephone at such place of business and that taxicabs shall be available for patrons on a twenty four (24) hour basis.

(H) The past experience of the applicant in the matter to which the requested permit pertains; and the name, address, and past experience of the person to be in charge of the premises ar business.

(I) A verified financial statement of the applicant.

(J) Whether or not any permit has been revoked, and if so, the circumstances of the revocation.

(K) Such further information as the Council, or such official of the City to whom the application may be referred, may require. (Ord. 371, 8-19-46)

(L) Proof of maintenance of vehicles in accordance with the manufacturer of the vehicle's recommended maintenance specifications and schedule of maintenance. (Ord. 906, 12-19-88)

Upon receipt of any application referred to in Section 5-4-3 hereof, the Clerk shall set a time, not less than ten (10) or more than thirty (30) days thereafter, for the hearing of the application before the Council and shall give notice of the time so set at least seven (7) days before the date of the hearing to the applicant by mail at the address set forth in the application and by mail to all other permit holders. (Ord. 371, 8-19-46)

At the time set for the hearing of the application, the Mayor and Council may examine the applicant and all persons interested in the matter set forth in the application, and shall determine whether or not the public interest, convenience and necessity require the issuance of the permit applied for. It shall, by resolution, order the Clerk to issue a permit, subject to the filing and approval of an insurance policy as hereinafter provided in Section 5-4-20. (Ord. 906, 12-19-88)

The following reasons shall be sufficient for denial of the permit:

(A) That the application is not in the form and does not contain the information required to be contained therein by this Chapter.

(B) That the vehicles described therein are inadequate or unsafe for the purposes for which they are to be used.

(C) That the color scheme, name, monogram or insignia to be used upon the vehicles shall be in conflict with or imitate any color scheme, name, monogram or insignia used by any other person in such manner as to be misleading or tend to deceive or defraud the public.

(D) That the location of the stand as herein stated, is such as to congest or interfere with travel on any public street or that the proposed stand is within one hundred feet (100') of any other stand heretofore fixed by the Council on the same street.

(E) That the applicant has, at some time prior, had a permit for the operation of automobiles for hire or taxicabs revoked for reason, or that the applicant is not financially responsible.

(F) That it shall appear to the Council that there are a sufficient number of taxicabs and automobiles for hire in the City to fully serve the public and that the granting of more permits would unduly congest traffic and interfere with the free use of the public streets by the public, and that the public interest, convenience and necessity do not require the issuance of the permit.

(G) That the persons holding permits for the operation of taxicabs or automobiles for hire are under efficient management and are adequately serving the public under normal conditions.

It shall be unlawful for any owner granted a permit hereunder to conduct any operation or give any service other than the service authorized by his permit granted by the Council in accordance with provisions of this Chapter. (Ord. 371, 8-19-46)

The Council shall have the power to suspend or revoke any or all of the owner's permits granted under the provisions of this Chapter for any of the following reasons:

(A) That the insurance provided for in Section 5-4-20 of this Chapter has not been given, has been withdrawn or lapsed for nonpayment of premium, or is not in force for any reason;

(B) When it shall have determined that any of the provisions hereof have been violated or that any holder of a permit shall have failed to comply with the terms of the permit or the rules and regulations of the Council pertaining to the operation of and to the extent, character and quality of the service of any such vehicles;

(C) For the nonpayment of any license fee provided by Chapter 1 of Title 5 of this Code;

(D) For the violation of any laws of the State, County, or City by any permittee, operator, or driver of an automobile for hire or taxicab;

(E) For failure to maintain satisfactory service to the public by means of any of the vehicles described in the permit, or for failure to keep any such vehicle in use for any reasonable length of time, or for failure to use the distinctive color, monogram or insignia, or illuminated status display described in the application; or

(F) For any cause which, in the opinion of the Council, makes it contrary to the public interest, convenience, and necessity for the permit to be continued.

Before revocation of the permit, the owner shall be entitled to a hearing thereon before the Council, and shall be notified thereof. Notice of hearing on such suspension or revocation shall be in writing, and shall be served at least ten (10) days prior to the date of the hearing thereon, such service to be upon the holder of the permit, or its manager or agent, and the notice shall state the grounds of the complaint against the holder of the permit and shall also state the time when, and the place where the hearing will be held. In the event the holder of the permit cannot be found, or service of the notice cannot be made upon him, in the manner herein provided, then a copy of the notice shall be mailed postage fully prepaid, addressed to the owner, at his last known address, at least ten (10) days prior to the date of the hearing. (Ord. 906, 12-19-88)

The permits herein mentioned shall entitle the holder thereof to obtain a license to engage in the business described in the permit from the Clerk upon payment of the license fee as set forth in Section 5-1-34. (Ord. 891, 3-2-87, eff. 7-1-87)

Each taxicab operated pursuant to the terms of this Chapter shall be numbered to correspond with the number appearing on the license. The number shall be printed upon the body of the taxicab in numbers not less than four inches (4") nor more than six inches (6") in height in a position approved from time to time by the Council.

It shall be unlawful for any person to operate any vehicle required by this Chapter to obtain a permit, without first obtaining a driver's permit or temporary driver's permit, issued pursuant to this Chapter, so to do. (Ord. 371, 8-19-46

(A) The applicant for such permit shall deposit a fee of ten dollars ($10.00) when making an application for a temporary driver's permit. The fee so deposited is to cover the expenses incurred and no refund shall be made for any reason. The applicant for a permit shall appear personally before the Police Chief or his designee and file with him an application, in writing, upon blanks to be furnished by the Police Chief.

(B) When an applicant has applied for a driver's permit and has paid the fee for the permit, the Police Chief shall issue a temporary driver's permit. The temporary driver's permit shall have written or printed thereon the expiration date, and also the fact that the permit shall automatically become null and void after the expiration date. After the expiration of the time so allotted, the temporary permit shall be of no further force and effect and shall not be renewed or extended.

At the time of the issuance of the temporary permit, the applicant for the temporary permit shall be fingerprinted by, and his record filed in the Police Department. The applicant for the temporary permit shall also file with the Police Chief a copy of his driving record which he has obtained from the State of California Department of Motor Vehicles. As soon as possible thereafter, the Police Chief shall make an investigation regarding the character and moral fitness and the driving history of the applicant. If satisfied that the operation by the applicant of the vehicle authorized to be operated under the terms of this Chapter will not be detrimental to the public health, safety or welfare, the Police Chief shall upon the expiration of the applicant's temporary driver's permit, issue the applicant a driver's permit in the manner hereinafter provided. Otherwise, he shall deny the application. No such driver's permit issued hereunder shall be transferable.

(A) No driver's permit or temporary driver's permit shall be issued to any applicant who is under the age of eighteen (18) years, or who has, to the knowledge of the Police Chief, been convicted of a felony, or of a misdemeanor involving moral turpitude, or of serious California Vehicle Code violations, such as negligent manslaughter and driving while under the influence of drugs and/or alcohol or found to be a negligent driver by the State of California Department of Motor Vehicles, or who does not possess a chauffeur's license of the State.

(B) The Police Chief shall keep a copy of the driver's permit on file in his office. The driver's permit shall constitute evidence of compliance with the terms of this Chapter, but shall be subject to all other applicable laws, or orders of the City. The driver's permit shall be effective until the expiration date printed thereon unless suspended or revoked as herein provided.

(C) A driver's permit shall be effective for a period of six (6) months from the date of issuance. Ten (10) days prior to the date of expiration of the driver's permit the driver will file with the Police Chief a current copy of his driving record which he has obtained from the State of California Department of Motor Vehicles. Within the ten (10) day period prior to expiration of the driver's permit the Police Chief shall review the driving record report and renew the driver's permit, otherwise, he shall suspend or revoke the driver's permit.

(D) At the time of application for a driver's permit, the applicant shall provide to the Police Chief two (2) passport-size photographs suitable for inclusion on the applicants temporary driver's permit and the driver's permit.

(E) At the time of issuance of the temporary driver's permit the Police Chief shall cause to be prepared an identification badge to be worn by the taxicab driver. This identification badge shall be inscribed with the name of the person to whom the permit has been issued, the permit number, the date of issuance of the permit, and the name of the taxicab company.

The Council or the Police Chief shall have the power to revoke or suspend any driver's permit issued hereinunder if the driver or applicant has, since the granting of a permit:

(A) Been convicted of a felony or a crime involving moral turpitude;

(B) Been convicted of reckless driving or driving while under the influence of intoxicating liquor or narcotics;

(C) Has his State operator's or chauffeur's license revoked or suspended;

(D) Had two (2) or more convictions of speeding within any twelve (12) month period; or

(E) Violated any of the provisions of this chapter.

In the event of such revocation or suspension of the driver's permit and such certificate as may be issued in connection therewith, shall be, by the holder thereof, immediately surrendered to the Police Chief. (Ord. 906, 12-19-88)

The Council shall designate in any stand permit granted by it, the exact location of the stand in which the taxicab may park. No stand shall be wider than twenty feet (20') on streets where parallel parking is required. Upon the granting of a permit under this Chapter, every stand as designated by the Council shall be designated by red paint or other red material upon the entire curb surface with the word "Taxicabs Only" in white letters thereon. lt shall be unlawful for any vehicle to occupy any regularly established taxi stand unless the vehicle is one being operated by the owner to which the taxi stand has been assigned.

An application fee in the sum of ten dollars ($10.00) shall be required to be paid for each stand or change of location thereof for which a permit is applied. All application fees shall accompany the application. All permits granted pursuant to this Section shall be nontransferable. When any permit is granted hereunder, the Clerk shall issue to the grantee thereof a certificate, giving the name and address of the grantee, the nature of the permit granted, and the date when same was granted. (Ord. 371, 8-19-46)

In the event that any permit holder desires to change his schedule of rates and charges or the color scheme, monogram or insignia or illuminated status display used on automobiles for hire or taxicabs, or to increase or decrease the number of vehicles used by him as automobiles for hire or taxicabs, he shall make application for permission to do so from the Clerk, which permission shall be granted by the Council in its discretion if the Council deems the public interest, necessity and convenience will be subserved by the change, and if the permit holder has compiled with all provisions of this Chapter. (Ord. 906, 12-19-88)

Any motor vehicle for which a permit has been issued hereunder shall be operated by the owner, personally, or his employee, on his behalf, and it shall be unlawful for any owners or drivers to enter into any contract, agreement or understanding between themselves by the terms of which the driver pays to, or for the account of, the owner a fixed or determinable sum for the use of the vehicle.

The driver of every vehicle covered by this Chapter shall keep a complete and accurate record of each trip upon a daily sheet, showing the time and place of origin and destination of the trip, the number of passengers carried and the amount of fare collected. This record shall be filed daily by the driver with the company by whom he is employed; and the record shall be kept on a file available for inspection by the Police Department for a period of not less than six (6) months.

Every taxicab shall have displayed in a conspicuous place in the passenger compartment thereof at all times a sign stating in clear legible characters the rates of fares charged for carrying passengers therein, the owners name or the fictitious name under which he operates, the business address and telephone number of the owner and the license number furnished by the Clerk. The driver of every chauffeured limousine shall have in his possession at all times rate cards upon which shall be printed the name and address of the owner of the vehicle and the rates authorized to be charged for the chauffeured limousine service. Every person making inquiry regarding the rates charged by the operator of the chauffeured limousine service shall be furnished with a copy of the printed rates.

All owners or operators of taxicabs and automobiles for hire shall file with the Clerk reasonable and uniform tariffs or schedules of fares. It shall be unlawful to charge, collect or receive any different compensation for the use of the taxicab or automobile for hire than that specified in the tariff or schedule of fares on file and at the time in effect. The tariffs and schedules of fares shall not be amended except with the consent of the Council. (Ord. 371; 8-19-46)

It shall be unlawful for any owner or driver to drive or operate any taxicab or automobile for hire, unless there is on file with the Clerk and in full force and effect at all times while the taxicab or automobile for hire is being operated, a true copy of a policy of insurance, approved by the Council, in a solvent and responsible company with a B+ rating, insuring the owner of the taxicab, or automobile for hire, giving the manufacturer's motor number and serial number thereof, against loss by reason of injury or damage that may result to persons or property from the negligent operation or defective construction of the taxicab or automobile for hire, or from the violation of this Chapter or of the laws of the State. The policy may be limited to one hundred thousand dollars ($100,000.00) for injury or death of one person, and to three hundred thousand dollars ($300,000.00) for the injury or death of two (2) or more persons in the same accident, and to one hundred thousand dollars ($100,000.00) for injury or destruction of property. The policy of insurance shall guarantee the payment to any and all persons suffering injury or

damage to person or property, of any final judgment rendered against the owner, within the limits herein mentioned irrespective of the financial condition or any acts or omissions of the owner and shall insure to the benefit of the persons, if at any time, the policy of insurance shall be cancelled by the company issuing the same, the Council shall require the owner to replace the policy with another policy or bond as herein provided, satisfactory to the Council, and in default thereof may revoke the owner's permit and license.

WORKER'S COMPENSATION INSURANCE REQUIRED: The operator of the vehicle for hire or taxicab employ any person to work for him, the operator shall file with the Clerk a certificate of proof of worker's compensation insurance covering all employees and that coverage is in compliance with the regulations set forth by the State of California. In the event the owner is the sole operator and is not required by law to carry worker's compensation insurance, a declaration to that effect must be filed with the Clerk.

All taxicabs or automobiles for hire, shall, before being placed for service, be inspected and approved by the Police Chief or his designee(s). After initial approval and placement for service, each vehicle must be inspected and approved by the Police Chief or his designee(s) on a quarterly basis or every three months thereafter during which period the vehicle(s) is in service. All vehicles shall at all times be kept in a clean, satisfactory and sanitary condition and in a good state of repair or if in a condition of obsolescence may be retired from service upon order of the Police Chief, and no vehicle which has been so retired shall be again operated in such service except with approval of the Police Chief.

In the event the condition of any vehicle shall, in the opinion of the Police Chief or his designee(s) be so unclean or unsightly as to be undesirable for use by the public, the Police Chief may require the vehicle to be immediately withdrawn from service and the vehicle shall not be again placed in service until approved by the Police Chief or his designee(s). (Ord 906, 12-19-88)

Every driver of a taxicab who is engaged to carry passengers shall take the most direct route possible that will carry the passengers safely and expeditiously to their destination, unless otherwise directed by a passenger.

When a taxicab is engaged, the persons engaging the taxicab shall have the exclusive right to the full and complete use of the passenger compartment and it shall be unlawful for the driver of the taxicab to solicit or carry additional passengers therein; provided, however, that where the Council finds that public necessity requires the grouping of passengers in taxicabs, the Council may issue after application special written permit, which permit shall specifically set forth the rules and regulations under which passenger grouping is permitted. lt shall be unlawful for any driver to operate any taxicab in violation of any of the rules and regulations set forth in the special permit.

The number of passengers which may be carried in any vehicle covered by this Chapter shall he limited to the seating capacity of the vehicle as specified by the manufacturer. No person shall be carried in the vehicle who is required to share in any way the seating space occupied by another, nor shall any person be carried who is required to occupy any space in or on the vehicle which does not provide a seat. (Ord. 371, 8-19-46)

Any person operating a taxicab shall wear the identification badge provided by the Police Chief at all times of operation of the vehicle. All taxicabs and automobiles for hire shall, while carrying passengers, come to a full stop within thirty feet (30') of the nearest rail before crossing any railroad track where no gates are maintained. No taxicab or automobile for hire shall be operated by any person under the age of eighteen (18) years, or by any person who does not have a chauffeur's license issued by the State or by any person under the influence of intoxicating liquor and/or drugs, or by any person who is for any reason whatsoever unable or incompetent to safely handle such automobile, or by any person in violation of any law. (Ord. 906, 12-19-88)

It shall be unlawful far any person to drive or operate any taxicab other than one bearing the color scheme, name, monogram or insignia set forth ln the application for the permit as herein provided. lt shall be unlawful for any person to change the color scheme, name monogram or insignia without first having obtained the consent of the Council. (Ord. 371, 8-19-46)

Every person holding a permit issued under the terms of this Chapter shall at all times be subject to the laws of the State, the County and all provisions of this Code not in conflict with this Chapter.

It shall be the duty of the Clerk and the Police Chief enforce, as applicable, the provisions of this Chapter. (Ord. 906, 12-19-88)

It shall be unlawful for any person to refuse to pay the legal fare for the hire of any automobile for hire or taxicab with the intent to defraud the person from whom it is hired. (Ord. 371, 12-19-46)