Shafter Municipal Code Ch. 5.44 Taxicabs

As used in this chapter, the following terms are defined:

A. "Driver" means the person driving and/or operating or proposing to drive and/or operate any such vehicle, whether as an owner thereof or an agent or employee of a registered and/or legal owner.

B. "Owner" means the registered owner of any vehicle operated hereunder.

(Prior code § 5-4-1)

A. It is unlawful for any person to own, maintain or operate upon the public thoroughfares within the corporate limits any rent automobile and/or taxicab and/or other vehicle, soliciting or carrying passengers for hire, without first having obtained a license so to do from the city and upon payment to the city of the license fees herein provided.

B. It is unlawful for any person to own, maintain or operate any such rent automobile and/or taxicab except in accordance with the provisions of this chapter.

(Prior code § 5-4-2)

A. Applications for licenses hereunder shall be made to the chief of police and licenses issued hereunder shall first be approved by the council upon recommendation of the chief of police and the police commissioner.

B. Application shall be in writing and shall be signed by the owner and by the driver and shall contain the following information:

1. Name, address and citizenship of the legal owner of the vehicle;

2. Name, address and citizenship of the registered owner of the vehicle;

3. Name, address, citizenship and age of the driver of the vehicle, together with height, weight, sex and color of eyes and hair of such driver;

4. Past experience of the driver, including the names and addresses of all former employers of driver for the three-year period next preceding date of application;

5. Make, model, year, license number and engine and/or serial number of vehicle;

6. Whether or not any chauffeur's license issued by any state or governmental agency, to driver, has ever been revoked or suspended for any cause;

7. Statement of any prior convictions for misdemeanor and/or felony, if any, of the driver, including convictions for traffic offenses wherever committed.

C. Upon filing of application hereunder, driver shall submit to fingerprinting by the police department of the city as a condition precedent to the acceptance for filing of any such application; driver shall likewise furnish at time of filing application three one and one-half inch by one and one-half inch passport-type, full-face photographs of the driver.

D. One such photograph shall be permanently attached to the application; one photograph shall be filed with the police department together with fingerprints of driver; one photograph shall be permanently affixed to the license as hereinafter provided in Section 5.44.070.

(Prior code § 5-4-3)

A separate application shall be made for, and separate license issued for each vehicle to be operated and for each driver thereof.

(Prior code § 5-4-4(A))

No driver shall be under the age of twenty-one years, or a user of narcotic drugs, or a habitual user of intoxicating liquors.

(Prior code § 5-4-5)

A. The license fee for the operation of any vehicle hereunder shall be twenty dollars per annum for each vehicle.

B. Such fee shall be due and payable on January 1st of each year; there shall be no proration of license fee for the operation of any vehicle first placed into operation after the first day of any calendar year.

(Prior code § 5-4-14)

A. Licenses issued hereunder shall be in such form as approved by the council and shall contain a full description of the vehicle, statement of ownership thereof, and description of the driver thereof.

B. Affixed to the license shall be one photograph of driver furnished in accord with Section 5.44.030.

C. License shall be conspicuously posted at all times in or upon every vehicle operated hereunder in such position as to be clearly visible in the passenger compartment thereof.

(Prior code § 5-4-6)

A. Each license shall be valid only for operation of the described vehicle by the driver and for drivers specified in the license and licenses shall not be transferable either as to vehicles or drivers.

B. Upon discontinuance of employment of any driver or change of ownership of any vehicle a new application shall be made and new license issued for any such new owner and/or driver; no refund of any previous license fee paid shall be made.

(Prior code § 5-4-4(B), (C))

Violation of any provision of this chapter or any other provision of this code or any statute or other governmental agency shall be grounds for suspension or revocation of any or all licenses issued hereunder.

(Prior code § 5-4-15)

A. All vehicles authorized to operate as a taxicab in the city shall be visually inspected and approved by the chief of police or his designee. The vehicle(s) shall meet all vehicle equipment requirements of the California Vehicle Code (CVC). The city desires a positive image of all taxi services operated within the city and therefore requires that vehicles shall not only meet the requirements of the California Vehicle Code, but shall also be neat in appearance and free of any visually degrading damage.

B. It is unlawful for an owner or driver to operate a taxicab unless there is in full force and effect a policy of insurance of commercial automobile and/or liability insurance executed by a company duly authorized under the laws of the state to engage in the insurance business, whereby the owner and driver of each taxicab operated within the city 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 be subject to the approval of the city manager. Such policy of insurance shall also contain an endorsement providing that the policy shall not be canceled or materially modified until written notice has been given to the city manager, at least thirty days immediately prior to the time such cancellation or material modification becomes effective. Furthermore, such policy of insurance shall name the city, its mayor, officials, officers, agents and employees as additional named insured. Additionally, a vehicle owner and driver shall indemnify, defend and hold harmless the city, its mayor, officials, officers, agents and employees from claims arising from, or alleged to arise from, the operation of the vehicle owner or driver.

C. The motor vehicle liability policy shall insure to the benefit of any and all persons suffering loss or damage, either to person or property, as provided in this chapter, and the liability of the insurance carrier shall be in no manner abrogated or abated by the death of the tort feasor and/or the owner. The motor vehicle liability insurance shall be a continuing liability up to the full amount thereof notwithstanding a recovery thereon, and the policy shall so certify.

D. The entire policy shall be subject to the approval of the city manager. The insurance requirement amount shall be reviewed annually by the city manager for possible amendments. If it is determined that an amendment is required, the licensee will be notified by the city manager of the new policy amount, and the deadline required for the licensee to obtain the new coverage amount. Failure to obtain the required policy coverage shall be sufficient grounds for penalty assessment per Section 5.44.190 of this chapter.

E. In addition to liability insurance, an owner or carrier who employs other drivers shall also provide proof of worker's compensation insurance to the city manager.

F. If, at any time, the policy of insurance required under this chapter is canceled or materially modified by the company issuing the same, the owner shall, within ten days of notice of such cancellation or modification, replace such policy with another policy satisfactory to the city manager. Failure to maintain the minimum levels and standards of required insurance for any period of time is a violation of this chapter and shall be sufficient grounds for penalty assessment per Section 5.44.190 of this chapter.

(Ord. 526 § 1, 2000: Ord. 390 § 1, 1988; prior code § 5-4-10)

A. Rates and fares charged to the public must be established by filing a rate with the city by the person/entity holding a valid permit. The proposed rates and fares shall also be published in a local newspaper of a general circulation at the time of filing same with the city so as to provide adequate public notice.

B. The city council shall approve the taxicab rates by resolution after a noticed public meeting. Unless a new rate is proposed, the previously approved taxi rate shall remain unchanged. If a new rate is proposed, the city council will review the proposal within sixty days of the filing of the rate schedule change. Upon review, the city council may increase, decrease or accept the rates as submitted. The rate, as increased, decreased or accepted by the city council shall take effect sixty days from the date the rate schedule was originally approved by the city.

C. The council is expressly authorized to fix by resolution all or any of the following:

1. Number of vehicles and drivers;

2. Number, length and location of taxicab parking zones;

3. Type, age and make of vehicles to be operated hereunder.

D. A schedule of rates of charge for hire of any vehicle operated hereunder shall be conspicuously posted at all times in or upon such vehicle in such position as to be clearly visible in the passenger compartment thereof.

E. No charge shall be demanded or collected in excess of such schedule which shall first be approved by the council as provided in this section.

(Ord. 526 § 2, 2000: prior code § 5-4-8)

Every vehicle operated herein shall be plainly marked with the word "taxi" visible from both sides and the front thereof from a distance of not less than fifty feet.

(Prior code § 5-4-7(A))

Every driver while operating any vehicle hereunder shall wear in plain sight upon a distinctive cap a distinctive badge bearing the word "taxi" in letters not less than one-half inch in height.

(Prior code § 5-4-7(B))

Every driver of every vehicle operated hereunder shall, unless otherwise specifically directed by the passenger hiring the same, proceed from the point of hiring to the point of destination by the most direct route along the public thoroughfares.

(Prior code § 5-4-13)

A. No driver of any vehicle hereunder shall solicit passengers or business except at a regularly marked taxicab parking zone and cruising of any such vehicle in search of passengers or business is expressly prohibited.

B. No advertisement of any kind shall be displayed in or upon any vehicle operated hereunder, except the word "taxi" as provided in Section 5.44.120, and the name and/or business designation and/or insignia and/or telephone number of the owner of such vehicle.

(Prior code § 5-4-11)

A. No vehicle operated hereunder shall park or stand for the solicitation of business upon any public thoroughfare except at such location as shall be designated by the chief of police with the approval of the council.

B. Such taxicab parking zone shall be plainly designated by yellow paint upon the curb of the street with lettering in black thereon in the following words and form:

"NO PARKING—TAXI ONLY—NO PARKING."

C. No approval of any taxicab parking zone shall be given except upon the written consent first filed with the chief of police of the ground-floor owner and/or tenant in possession of the premises abutting upon the taxicab parking zone; no consideration whatever shall be demanded, given or paid for any such consent so given.

(Prior code § 5-4-9)

A. No vehicle operated hereunder shall at any time transport any person carrying or possessing any narcotic drug and/or any narcotic drug except such as shall have been obtained under prescription from a licensed pharmacy.

B. No vehicle operated hereunder shall transport any minor child under the age of twenty-one years in company with any intoxicated person.

(Prior code § 5-4-12)

Any owner/licensee permitted to operate a taxicab in the city must agree to be inspected by a police officer or designated representative of the city manager upon request to assure compliance with this chapter.

(Ord. 526 § 3, 2000)

A. It is unlawful to violate any section of this chapter. Any operator/owner/licensee found in violation of this chapter may receive a citation for violating the city ordinance codified in this chapter which would result in any of the following penalties:

1. First offense: fined two hundred fifty dollars;

2. Second offense: fined five hundred dollars;

3. Third offense: revocation of permit.

B. When any owner/licensee or their authorized drivers are found in violation of this chapter, a review of the offense may be made by the city manager. Upon review, the city manager may have the permit suspended, revoked, or not renewed. This decision shall be consummated in writing to the owner/licensee who will have thirty days to appeal the decision to the city manager. After the city manager appeal, and depending upon the city manager final decision, the owner/licensee will have thirty days from receipt of the city manager's final decision to make an appeal to the city council.

(Ord. 526 § 4, 2000)