Soledad Municipal Code Ch. 5.20 Taxicabs

The following words and phrases shall, for the purposes of this chapter, have the meanings respectively ascribed to them by this section:

A. "Owner" means every person, firm or corporation owning or controlling any taxicab.

B. "Street" means any place commonly used for the purpose of public travel.

C. "Taxicab" means every motor vehicle used in the business of carrying passengers for hire over the public streets of the city and not over a defined route and irrespective of whether the operation extends beyond the boundary limits of the city, such vehicle being routed under the direction of such passenger or passengers, or of such person or persons hiring the same.

D. "Taxicab stand" means a public place alongside the curb of a street or elsewhere in the city which has been designated by the city council for the use of taxicabs while waiting for employment.

E. "Taximeter" means an instrument or device attached to a taxicab by which the fare authorized for the hire of such taxicab is mechanically calculated either on a basis of distance traveled or for waiting time, or a combination of both, which fare shall be indicated upon such taximeter by means of legible figures, in dollars and cents.

(Prior code § 22-1)

No person shall operate or cause to be operated within the city any taxicab owned or controlled by that person, without first having obtained a permit as provided by this chapter and the permit being in full force and effect.

(Amended during 1986 codification; prior code § 22-2)

Any owner desiring to obtain the permit required by Section 5.20.020 shall make application therefor to the city council. Each such application shall be accompanied by a bond or policy of insurance required by this chapter and shall be in writing and set forth the following information:

A. The name, age and business address and residence of the applicant, if a natural person, or if a corporation, its name, date and place of incorporation, and the names of its principal officers, or if a partnership, association or fictitious company, the names of the partners or of the persons comprising the association or company with the place of business and residence of each such partner or person;

B. A description of every motor vehicle which the applicant proposes to use, giving the name of the manufacturer thereof, the motor number, serial number and state license number of each vehicle;

C. The street number and exact location of the place or places where the applicant proposes to stand each taxicab;

D. A schedule of rates or fares to be charged for carrying passengers in taxicabs;

E. The color scheme, name, monogram or insignia on such taxicab or taxicabs;

F. Such further information as the city council or the city clerk require.

(Amended during 1986 codification; prior code § 22-3)

Immediately upon the filing of an application as provided by Section 5.20.030, the city clerk shall cause a notice to be published in a newspaper of general circulation within the city which notice shall set forth the fact that application has been filed for a permit to operate taxicabs, the name of the applicant, the number of vehicles proposed to be operated, and the time and place at which the city council will hold a hearing on the application as provided by the Section 5.20.050. The notice shall be published once at least ten days prior to the hearing. On filing the application the applicant shall pay to the city clerk the sum of ten dollars to cover the cost of advertising.

(Amended during 1986 codification; prior code § 22-4)

Any interested person may file written objections or protests to the granting of a permit at any time before the hearing required by Section 5.20.040. The council shall consider all of the objections or protests and in conducting its hearings shall have the right to call such witnesses as it may see fit. In such hearings the burden of proof shall be upon the applicant to establish by clear and convincing evidence which satisfies the council that public convenience and necessity require such operation of the vehicle or vehicles for which the application has been made and that the application in all respects should be granted. The city council, in determining whether or not public convenience and necessity exist, shall take into consideration all facts which it deems pertinent and proper. No application shall be granted unless the council first makes its specific findings that each of the following conditions exists:

A. That the applicant is financially responsible;

B. That the applicant is of good moral character or that the officers of the applicant are of good moral character;

C. That the persons holding permits for the operation of motor vehicles for hire are under efficient management, earning a fair and reasonable return on their capital devoted to such service;

D. That persons holding permits for the operation of vehicles for which application is being made are, under normal conditions, inadequately serving the public;

E. That the applicant has complied with the provisions of all city ordinances and all state and federal ordinances and all state and federal laws applicable to the proposed operation;

F. That such additional service will not result in a greater hazard to the public and will not create traffic congestion in parking;

G. That each vehicle described therein is adequate and safe for the purpose for which it is to be used, and is equipped as required in this chapter.

(Amended during 1986 codification; prior code § 22-5)

Any existing holder of a taxicab permit and license may make application to the city clerk for such additional taxicab permits and licenses as he may desire. The city clerk shall notify the other holders of taxicab permits and licenses of such application by registered mail and if no objections are filed within ten days after such mailing of notices, the applicant shall be granted such permit and license as requested without the necessity of a hearing or investigation as provided in Section 5.20.050. If, however, protests are filed, then the taxicab permit, or permits, shall be granted or denied only in accordance with the provisions and procedures outlined in Sections 5.20.030, 5.20.040 and 5.20.050.

(Amended during 1986 codification; prior code § 22-6)

Every owner operating a licensed taxicab or taxicabs prior to the effective date of the ordinance codified in this chapter shall be presumed, in the absence of any contrary evidence and finding of the city council, to have provided prima facie evidence of public convenience and necessity for the issuance of a permit to operate the taxicab or taxicabs actually in operation on the effective date of the ordinance codified in this chapter and the city council, upon application received by it not later than fifteen days after the effective date of the ordinance codified in this chapter, shall grant a permit to such owner to operate the taxicab or taxicabs which were in actual operation on such effective date.

(Prior code § 22-7)

No permit for the operation of a taxicab may be sold, assigned or otherwise transferred without the consent of the city council. Application for consent to transfer shall be made in writing to the city council in the same manner as an original application for a permit, but consent to transfer shall be given by the city council as a matter of right unless the council finds that the proposed transferee is not a person of good moral character or that the transferee does not possess sufficient financial responsibility.

(Amended during 1986 codification; prior code § 22-8)

A. Any taxicab permit may be suspended or revoked by the city council upon the following grounds:

1. The permit holder knowingly and after notice from the city clerk fails to operate the vehicles under permit in accordance with the provisions of this chapter and any and all state and federal laws applicable to the operation of such vehicles;

2. The taxicab or taxicabs are operated at a rate of fare other than that approved by the council;

3. The permit holder abandons the operation of all vehicles for a period of thirty days. Abandonment or limitation of service caused by acts of God, labor disputes and other acts beyond the control of the certificate holder is not "abandonment" within the meaning of this section.

4. The permit holder has committed acts or carried on a course of conduct which the council finds, after hearing, establishes a lack of good moral character in the permit holder.

B. No suspension shall be made effective until a hearing has been held before the city council, at which time the permit holder may be present and represented by counsel. The permit holder shall be given not less than ten days' notice by registered mail of the hearing.

(Amended during 1986 codification; prior code § 22-9)

Each holder of a taxicab permit shall pay to the city as a license fee, the sum of twenty dollars semiannually in advance, for each taxicab operated by the holder in the city.

(Amended during 1986 codification; prior code § 22-10)

In each permit the city council shall designate the exact location of each stand and the amount of curb space to be occupied thereunder. Every taxicab stand so designated shall be marked with white paint or other white material upon the entire curb surface, with the words "taxicab only," in black letters thereon. It is unlawful for the owner or driver of any taxicab to park the same at any location in the city other than at the stand designated in the permit for the operation of the taxicab; provided, that where a permit for more than one taxicab stand has been granted to the same person, such stands may be used interchangeably by any of the taxicabs owned by the person. Any one taxicab stand that is granted to any person may be used jointly by any two or more persons holding a permit under this chapter; provided, that the consent of the city council is first obtained. No taxicab stand shall be changed from the location designated in the permit, except by permission granted by the city council upon written application of the holder of the permit.

(Amended during 1986 codification; prior code § 22-11)

All persons holding permits shall regularly operate their taxicabs during each day of the year for which the permit was issued to the extent reasonably necessary to meet the public demand for such taxicabs.

(Amended during 1986 codification; prior code § 22-12)

Whenever the holder of a permit replaces a taxicab for which a permit has been issued, he shall file with the city clerk the name, type, year of manufacture, serial number, motor number and state license number of the vehicle abandoned and the vehicle to be placed in use. The city clerk shall thereupon, as a matter of right, authorize the replacement of the vehicle under the existing permit.

(Amended during 1986 codification; prior code § 22-13)

A. Every taxicab shall also have displayed in a conspicuous place therein or thereon at all times a sign stating in clear and legible characters the rates of fare charged for carrying passengers therein, the owner's name or the fictitious name under which he operates, and the business address and telephone number of the owner. Each owner holding a permit for the operation of a taxicab under this chapter shall at all times keep on file with the city clerk an up-to-date schedule of rates of fares charged for carrying passengers therein. It is unlawful for any owner or driver of any taxicab to charge or collect, or cause to be charged or collected, any greater rate of fare for carrying any passenger therein than is stated in the schedule of rates.

B. The city council, upon its own motion or upon application of a permit holder, may set, establish, change, modify or amend the schedule of rates to be charged by all vehicles operated by each holder of a permit under the provisions of this chapter. No rates shall be set, established, changed, modified or amended without a hearing before the city council. Notice of such hearing shall be given to each permit holder by registered mail at least ten days prior to the date of hearing.

(Amended during 1986 codification; prior code § 22-14)

Every taxicab shall at all times while in operation be equipped with the following:

A. Taximeters: a taximeter of standard design and construction, fastened in front of the passengers and visible to such passengers at all times, day and night and, after sundown, the face of the taximeter shall be illuminated. Each taximeter shall have a flag thereon to denote when the vehicle is employed and when it is not employed and it shall be the duty of the driver to throw the flag of such taximeter into a nonrecording position at the termination of each trip. Taximeters shall be subject to inspection by the chief of police, or his authorized representative, upon proper identification, at all times. Any taximeter which is found after such inspection to be inaccurate to the prejudice of any passenger shall be immediately ordered out of service until approved by the chief of police or his authorized representative;

B. Interior light: a light of not less than two candlepower within such vehicle so arranged as to illuminate the whole interior thereof back of the driver's seat, which light shall be kept constantly lighted at all times while any passenger is in such vehicle from one-half hour after sunset of any day until one-half hour before sunrise the next day;

C. Name, insignia: the name, monogram or insignia designated and approved for use by the permit holder, to be painted or otherwise affixed in a clearly legible manner on the outside of each rear door. It is unlawful for any person, firm or corporation to imitate any color scheme, name, monogram or insignia used by any other permit holder and approved by the city council.

(Prior code § 22-15)

Every vehicle operating under this chapter is subject to inspection at any time by the chief of police or his authorized representative, upon proper identification. Any taxicab which is found, after such inspection, to be unsafe or in violation of any of the provisions of this chapter, or in any way unsuitable for taxicab service, shall be immediately ordered out of service and shall not again be placed in service until it has been put in safe and proper condition. The interior of every taxicab shall be kept in a clean and sanitary condition and shall be cleaned thoroughly at least once in every twenty-four hours.

(Prior code § 22-16)

All taxicabs operated in the city shall be subject to the following regulations:

A. Direct Route. Any driver employed to transport passengers to a definite point shall take the most direct route possible that will carry the passenger to his destination safely and expeditiously.

B. Refusal of Service. No driver of any taxicab shall refuse any person prompt taxi service in the city at any time while such taxicab is on the public streets ready for service, unless such taxicab is already engaged in the carrying of one or more passengers or is enroute to answer a call for taxicab service; provided further, that nothing in this subsection requires any owner or driver to furnish taxicab service to any person under the influence of intoxicating liquor or narcotics, or to any person who is insane or who is a criminal.

C. Receipts. Every driver, upon request, shall give a correct receipt for the amount of payment received.

D. Number of Passengers. No driver of any taxicab shall accept, take into his vehicle or transport any larger number of passengers than the rated seated capacity of his vehicle.

E. Only Paying Passengers to be Carried. No driver shall carry any passenger other than paying passengers or persons authorized by or on company business.

F. Display of Permit Number and Name of Driver on Duty. At all times while in service, each taxicab shall display in a conspicuous place clearly visible to passengers a legible sign stating the number of the permit under which it is operated and the name of the driver on duty.

G. Violation of Section. Any violation of the provisions of this section is cause for the revocation of the permit of the driver guilty of the violation.

(Amended during 1986 codification; prior code § 22-17)

It is unlawful for any owner or driver to drive or operate any taxicab, or cause the same to be driven or operated, and no permit for the operation thereof shall be granted, unless there is on file with the city clerk at all times while the taxicab is being operated a certificate of insurance, in form satisfactory to the city attorney, certifying that there is in full force and effect a policy of insurance issued by a solvent and responsible company authorized to do business in the state, insuring the owner of the taxicab (giving the manufacturer's number and state license number) 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 from violation of this chapter or of the laws of the state. The policy shall be in the amount of at least fifteen thousand dollars for the injury or death of one person, and subject to the limit of fifteen thousand dollars for each person injured or killed, in the amount of at least thirty thousand dollars for the injury or death of two or more persons in the same accident and five thousand dollars for injury or destruction of property. The policy of insurance shall run to the city and shall inure by its terms to benefit any and all persons suffering injury or damage to person or property covered thereby, and shall provide that suit be brought thereon in any court of competent jurisdiction by any such person. The policy of insurance shall provide that there shall be a continuing liability thereon, notwithstanding any recovery thereon. If, at any time, such policy of insurance shall be cancelled by the company issuing the same, or the authority of such company to do business in the state shall be revoked, the owner shall forthwith replace such policy with another policy as above provided, satisfactory to the city council, and in default thereof may revoke such owner's permit.

(Amended during 1986 codification; prior code § 22-19)

Except where credit is intended, it is unlawful for any person to fail or refuse to pay, at the end of the trip or the termination or discharge of service, the regular fare for the taxicab that he has hired.

(Prior code § 22-20)