Sonoma County Municipal Code § 18-62 Permits and exemptions

(a) Purpose. The purpose of this Article is to comply with and effectuate the intent of Government Code section 53075.5 and other applicable laws, to protect public health, safety and welfare.

(b) Application. This article shall apply only to the operation of taxicabs to solicit, accept or transport passengers starting at a point inside the unincorporated area of the county, regardless of destination.

(Ord. No. 6029, § I, 4-23-2013.)

For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them in this section:

(a) "Mandatory Controlled Substance and Alcohol Testing Certification Program" means the program, testing, and related requirements specified in Government Code section 53075.5.

(b) "Person" means any person or entity (including but not limited to a firm, association, organization, partnership, joint venture, business trust, corporation or company).

(c) "Sheriff" or "Sheriff's Office" means the Office of the Sheriff-Coroner of the County.

(d) "Taxicab" means a motor vehicle, as that term is defined in Vehicle Code section 415, designed for carrying not more than eight persons, excluding the driver, and used to carry passengers for hire. The types of motor vehicles listed below shall not be considered a taxicab:

(1) Employer-sponsored carpool vehicle: a vehicle operated to transport employees to and from an employer's business location or locations.

(2) Charter-party carrier: a charter-party carrier of passengers as defined in Public Utilities Code sections 5351 through 5360 that operates on a pre-arranged basis.

(3) Private ambulance: every vehicle equipped with a siren and specially constructed, modified, equipped, or arranged for the purpose of transporting emergency medical patients.

(4) Public transportation vehicle: every vehicle used in the service of transporting passengers in the unincorporated areas of the County and operated by or under contract with a governmental agency.

(e) "Taxicab business owner" means a person or entity that owns or leases taxicabs driven or operated by other individuals pursuant to an employment relationship, independent contract, lease, license, or otherwise. A taxicab business owner who drives a taxicab is also a taxicab driver under this Article.

(f) "Taxicab driver" means any individual who drives or operates a taxicab in which passengers are solicited or accepted for hire.

(g) "Taximeter" means an instrument or device attached to a taxicab that mechanically or electronically calculates a fare on the basis of distance traveled or waiting time, or a combination thereof, and displays the fare in figures of dollars and cents.

(Ord. No. 6029, § I, 4-23-2013.)

(a) Permits Required. No person shall drive or operate a taxicab unless under the authority of a valid taxicab vehicle permit and a valid taxicab driver's permit, or applicable certificates of exemption for such permits, issued by the sheriff's office.

(i) Taxicab Vehicle Permit. A taxicab business owner shall not allow any person to operate a taxicab controlled by the taxicab business owner unless under the authority of a valid taxicab vehicle permit. Such permit shall authorize a particular motor vehicle to be used for the purpose of operating as a taxicab in accordance with this article.

(ii) Taxicab Driver's Permit. A taxicab driver shall not drive or operate a taxicab unless under the authority of a valid taxicab driver's permit. Such permit shall authorize a particular individual to drive or operate a taxicab in accordance with this article. If a taxicab driver operates taxicabs through employment with a taxicab business owner, then the taxicab driver's permit issued under this article shall be valid only during the term of such employment, and shall become void upon termination of such employment. In this event, the taxicab driver or employer shall notify the county of the termination of employment, and the taxicab driver shall return the taxicab driver's permit to the county.

(b) Certificates of Exemption. The county acknowledges that several incorporated cities located within its geographic boundaries have enacted taxicab vehicle and driver regulations for their respective jurisdictions that address public health, safety, and welfare issues. The sheriff's office has the authority to waive the permit requirements of this section by issuing certificates of exemption with respect to particular taxicabs and/or taxicab drivers who are operating under valid permits or licenses issued by such cities if they are similar in nature to the permits required under this section. Any certificate of exemption issued under this article does not operate to suspend the operation or enforcement of any other provision of this article; all other provisions remain valid and enforceable against all persons who have received certificates of exemption. The conditions under which the sheriff's office may issue certificates of exemption to taxicabs and taxicab drivers include the following:

(i) The applicable city's taxicab vehicle and/or taxicab driver permit or licensing regulations satisfy all requirements of state and federal law;

(ii) The applicable city's taxicab vehicle and/or taxicab driver permit or licensing regulations meet or exceed the minimum requirements set forth in this article; and

(iii) The permits or licenses issued under the applicable city's taxicab vehicle and/or taxicab driver regulations have a maximum term of one (1) year, and are required to be renewed annually.

(c) Non-Transferable and Non-Assignable. Permits and Certificates of Exemption issued under this article are not transferable or assignable.

(Ord. No. 6029, § I, 4-23-2013.)

(a) Applications. Applications for taxicab vehicle permits shall be submitted by taxicab business owners to the sheriff's office on approved forms and with such additional documentation, information, and procedures as mandated by the sheriff's office, including but not limited to the following:

(i) A copy of the taxicab's current California vehicle registration, evidence of ownership or right of possession, and information regarding the identification of the taxicab including make and model, year, vehicle identification number (VIN), license plate number, interior and exterior colors, and mileage.

(ii) Delineation of the proposed taxicab rates and any additional fees to be charged to passengers during the time period of the permit, which may not be excessive as determined by the board of supervisors via resolution or, in the event there is no current resolution, by the sheriff in his/her discretion.

(iii) A vehicle inspection certification of the taxicab in a format approved by the sheriff's office, completed within sixty (60) days of the permit application. The certification shall utilize a vehicle inspection checklist approved by the sheriff's office, and shall verify that all aspects of the taxicab are in a safe operating condition. Any repairs made as a result of the inspection must also be identified on the checklist. The taxicab inspection shall be conducted by, and the certificate shall be issued by, a vehicle inspection station or automobile repair garage located in the county of Sonoma and properly licensed by the state of California.

(iv) Written certification by the applicant that he/she is maintaining a mandatory controlled substance and alcohol testing certification program for all persons who may operate the taxicab.

(v) Proofs of insurance and/or a surety bonds demonstrating a minimum level of coverage as set by the county's risk management department, which shall cover all drivers of the taxicab as insured parties.

(vi) An indemnification agreement signed by the applicant in a form approved by county counsel. The indemnification agreement shall provide that the applicant agrees to defend, indemnify, and hold harmless the county and its officials, employees, and agents from all damages, liabilities, claims, actions, and other expenses (including attorneys' fees) resulting from or arising out of the operation of the taxicab.

(b) Term and Renewal. Taxicab vehicle permits issued under this article shall be valid for a term of one (1) year from the date of issuance. Applications for renewal of such permits must be submitted to the sheriff's office at least thirty (30) days prior to the termination of the existing permit. Applications for renewal shall be submitted on forms, and with such additional documentation, information, and procedures as mandated by the sheriff's office.

(Ord. No. 6029, § I, 4-23-2013.)

(a) Applications. Applications for taxicab driver permits shall be submitted by taxicab drivers to the sheriff's office on approved forms and with such additional documentation, information, and procedures as mandated by the sheriff's office, including but not limited to the following:

(i) A color copy of the applicant's valid California driver's license, verified by the sheriff's office, and which demonstrates that the applicant is at least eighteen (18) years old.

(ii) Provision of fingerprints, pursuant to procedures established by the sheriff's office, for the purpose of permitting the sheriff's office to conduct a criminal background check.

(iii) If employed by a taxicab business owner, the name of the employer and identification of the specific taxicabs the applicant may operate for the employer under the permit.

(iv) Copies of test results conducted within thirty (30) days of the application submittal date taken pursuant to a mandatory controlled substance and alcohol testing certification program. The most recent test results and any prior results for tests taken within six (6) months must be reported. All test results provided to the county shall be retained as confidential and shall not be released without the consent of the applicant, except as otherwise authorized or required by law.

(v) An indemnification agreement signed by the applicant in a form approved by county counsel. The indemnification agreement shall provide that the applicant agrees to defend, indemnify, and hold harmless the county and its officials, employees, and agents from all damages, liabilities, claims, actions, and other expenses (including attorneys' fees) resulting from or arising out of the operation of the taxicab.

(vi) A declaration under penalty of perjury that the taxicab driver is operating in compliance with all applicable laws and regulations.

(b) Term and Renewal. Taxicab driver permits issued under this article shall be valid for a term of one (1) year from the date of issuance. Applications for renewal of such permits must be submitted to the sheriff's office at least thirty (30) days prior to the termination of the existing permit. Applications for renewal shall be submitted on forms, and with such additional documentation, information, and procedures as mandated by the sheriff's office.

(Ord. No. 6029, § I, 4-23-2013.)

(a) Applications. Applications for certificates of exemption shall be submitted to the sheriff's office on approved forms and with such additional documentation, information, and procedures as mandated by the sheriff's office, including but not limited to the following:

(i) Copies of the taxicab vehicle and/or taxicab driver's permits or licenses issued by a city located within the geographic boundaries of the county which satisfy the requirements of section 18-62(c) of this Code, and complete copies of all forms, documents, and other materials provided as part of the application process to that city.

(ii) Copies of the taxicab driver's test results conducted within thirty (30) days of the application submittal date taken pursuant to the mandatory controlled substance and alcohol testing certification program. The most recent test results and any prior results for tests taken within six (6) months must be reported. All test results provided to the county shall be retained as confidential and shall not be released without the consent of the applicant, except as otherwise authorized or required by law.

(iii) An indemnification agreement signed by the applicant in a form approved by county counsel. The indemnification agreement shall provide that the applicant agrees to defend, indemnify, and hold harmless the county and its officials, employees, and agents from all damages, liabilities, claims, actions, and other expenses (including attorneys' fees) resulting from or arising out of the operation of the taxicab.

(b) Term and Renewal. The term of each certificate of exemption shall be coexistent with the term of the permits issued by the respective city. Applications for renewal of certificates of exemption must be submitted to the sheriff's office at least thirty (30) days prior to the termination of the existing certificate. Applications for renewal shall be submitted on forms, and with such additional documentation, information, and procedures as mandated by the sheriff's office.

(Ord. No. 6029, § I, 4-23-2013.)

The board of supervisors shall set fees by ordinance which shall be required to apply for and renew taxicab vehicle permits, taxicab driver's permits, and certificates of exemption, which fees are subject to revision on a yearly basis. These fees shall be intended to reimburse the county for its reasonable costs, time, and expenses associated with enforcing the terms and provisions of this article. All fees paid pursuant to the provisions of this article are non-refundable.

(Ord. No. 6029, § I, 4-23-2013.)

Upon a determination of good cause, the sheriff's office may deny the issuance of permits or certificates of exemption under this article, or may revoke, condition, or temporarily suspend the validity of any permit or certificate of exemption previously issued. All denials, revocations, conditions, or suspensions must be made in writing and sent by mail to the affected person. To determine whether good cause exists for denying, revoking, conditioning, or suspending a permit or certificate of exemption, the sheriff's office may consider the following nonexclusive factors.

(a) The applicant has knowingly made a false or misleading material statement in an application, report, or other document furnished by the applicant to the county.

(b) The applicant does not meet, or no longer meets, the requirements specified in this article, fails to lawfully operate a taxicab under this article, or violates other applicable laws or regulations.

(c) The applicant fails to maintain the minimum level of insurance required under this article to operate a taxicab during the term of the permit or certificate of exemption.

(d) The applicant for a taxicab driver's permit:

(i) Has been convicted of a felony or any offense involving moral turpitude;

(ii) Is required to register as a sex offender under Penal Code section 290, as a gang member under Penal Code section 186.30, or as a drug user under Health and Safety Code section 11590;

(iii) Habitually or excessively uses, or is addicted to the use of narcotics or dangerous drugs, or has been convicted of any offense relating to the use, sale, possession or transportation of narcotics or habit-forming drugs;

(iv) Is a habitual user of intoxicating beverages or substances to excess;

(v) Has failed to submit a passing test under the mandatory controlled substance and alcohol testing certification program with the application or renewal. A taxicab driver shall be ineligible for a taxicab driver's permit during the three-year period following a positive test result;

(vi) Within three years immediately preceding the application, has been under suspension, revocation or probation by a state department of motor vehicles for a cause involving the safe operation of a motor vehicle, or has been convicted of driving while intoxicated or reckless driving involving bodily injury;

(vii) Within the two (2) years immediately preceding the application, has been involved in any motor vehicle accident causing death or serious bodily injury;

(viii) Within one (1) year immediately preceding submittal of the application, has been involved in three (3) or more motor vehicle accidents in which the applicant was at least partially at fault; or

(ix) Has failed to maintain a valid California driver's license during the term of the permit or certificate of exemption.

(Ord. No. 6029, § I, 4-23-2013.)

(a) Notice of Right to Appeal. If the sheriff's office denies an application or renewal submitted pursuant to this article, or revokes, conditions, or suspends a permit or certification of exemption previously issued, it shall so notify the applicant in writing by mail. The writing shall include the reasons for the action taken and advise the applicant of his/her right to appeal the action within ten (10) calendar days of the date the notice was mailed. During the time an appeal is pending, the determination of the sheriff's office shall remain in effect.

(b) Procedures to Appeal. Appeals under this section must be made in writing and identify the nature of the challenged action as well as the grounds for the appeal, and shall include copies of all relevant documentation. Appeals shall be submitted to the sheriff's office within ten (10) calendar days from the date of the mailing of the notice of the action taken. Failure of any person to timely submit an appeal shall constitute a waiver of the right to an adjudication of the issues. Appeals may be withdrawn at any time.

(c) Administrative Hearing on Appeal. The sheriff shall designate a member(s) of the sheriff's office to serve as the appeal officer(s) to conduct an administrative hearing and make a determination on the appeal. Administrative hearings conducted under this section may occur in person or via telephone. At the administrative hearing, the applicant shall be provided with an opportunity to present evidence and arguments relating to the appeal. The applicant shall bear the burden of demonstrating that the action taken by the sheriff's office constitutes an abuse of its discretion pursuant to this article.

(d) Response to Appeal. The appeal officer shall issue a written decision on the appeal within fifteen (15) calendar days after concluding the administrative hearing, and shall provide copies of such decision to the applicant by mail. If the appeal officer grants the appeal, the sheriff's office shall take all reasonable and necessary actions to effectuate the decision relating to the permit or certificate of exemption, but no money damages or other remuneration shall be due to the applicant. The appeal officer's decision on the appeal is a final agency action.

(Ord. No. 6029, § I, 4-23-2013.)

All taxicabs and taxicab drivers must comply with California Vehicle Code requirements and the requirements of this article while in operation, including the following non-exclusive mandates.

(a) Display Permits or Certificates. Taxicabs shall display the taxicab vehicle and taxicab driver's permits or certificates of exemption issued under this article so that they are visible both from the inside and outside the vehicle. The sheriff's office may require permits and certificates of exemption to be displayed in particular locations on vehicles.

(b) Taxicab Identification. All taxicabs shall have painted or otherwise permanently affixed to the exterior of the vehicle the following information: (i) language designating the vehicle as a taxicab; (ii) the name of the taxicab business owner, or the name of the company or business; and (iii) if the taxicab business operates more than one (1) taxicab, a visible number that separately identifies each of the business' taxicabs. Such information shall be displayed in numbering and lettering not less than three (3) inches in height, and in a color that contrasts with the paint color of the vehicle. Additional display requirements may be established by the sheriff's office to allow for proper identification of taxicabs.

(c) Rates of Fare. Taxicabs shall prominently display, both inside and outside the vehicle, the rates of fare charged for carrying passengers. Any additional fees which may be applicable, such as bridge toll fees, shall also be posted inside the vehicle. Rates of fare and additional fees charged to passengers must not exceed the posted rates or the rates provided to the county as part of the application for a taxicab vehicle permit or certificate of exemption.

(d) Taximeters. All taxicabs must have an operating taximeter which has been properly calibrated and is in compliance with all regulations and requirements of the county agricultural commissioner, weights and measures division, pursuant to chapter 30 of the County Code, including but not limited to its testing requirements. The taximeter must be operating properly at all times of service and may not be tampered with in any fashion. The taximeter must clearly display the fare as it is being calculated. The taximeter must be calibrated so as not to exceed the maximum allowable rates of fare.

(e) Receipts. All taxicab drivers shall have passenger receipts in all of their taxicabs that are imprinted with the name, address, telephone number of the taxicab owner or business. The receipt shall provide space for the taxicab driver's name, date and time of service, and the fare charged. Each customer shall be offered a receipt following payment.

(f) Taxicab Safety, Comfort and Cleanliness. All taxicabs must be maintained in a safe operating condition. All taxicabs must have an operable seat belt for each passenger and the driver. Taxicab seats must not be torn or soiled, and must not have broken or missing springs or cushions. The doors, windows, hoods and trunks of all taxicabs must open and close securely. Gasoline, diesel or smoke odors must not be noticeable from the interior of any taxicab. The interiors of all taxicabs must be clean and clear of debris before a driver may accept passengers for transport.

(g) No Smoking in Taxicabs. No smoking shall be permitted in taxicabs at any time, either by the taxicab drivers or their passengers.

(Ord. No. 6029, § I, 4-23-2013.)

(a) Arrest and Impound Authority. Sheriff deputies are authorized to arrest or cite any person for operating a taxicab not in compliance with this article. If the violation occurred at or within one hundred (100) feet of a public airport, sheriff deputies may serve as traffic inspectors pursuant to Government Code section 53075.61, may impound and retain possession of any taxicab as allowed by that statute, and comply with other terms and conditions of that statute.

(b) Violation is a Misdemeanor. Any violation of the provisions of this article is a misdemeanor subject to a fine and/or imprisonment pursuant to section 1-7 of this Code. In addition, if convicted of a misdemeanor, the offender shall also be assessed an amount sufficient to cover the reasonable expense of investigation incurred by the sheriff's office, plus interest at the rate of ten (10) percent per annum.

(c) Continuing Violations. A continuing violation of any provision of this article is a public nuisance which may be abated pursuant to the provisions of section 1-7, subdivision (b), of this Code. In addition, the county may also pursue a civil action to obtain an injunction against persons operating taxicabs in violation of this article.

(d) Citizen Complaints and Investigations. Upon receipt of a citizen's complaint containing sufficient information to warrant conducting an investigation for alleged violations of this article, the sheriff's office shall investigate any business that advertises or operates a taxicab, and may take reasonable and appropriate actions to address any issues discovered during the investigation. When conducting an investigation under this article, the sheriff's office shall also comply with the requirements of Government Code section 53075.7. Conducting an investigation is warranted if the citizen's complaint contains the following information:

(i) The complainant's name, address, and telephone number;

(ii) Identification of the taxicab business and/or driver, and the date and time of transportation at issue; and

(iii) Specific information demonstrating a possible violation of this article or other applicable law that prospectively implicates the health, safety, or welfare of taxicab passengers.

(e) Cumulative Remedies. The remedies and enforcement mechanisms set forth in this article are cumulative, and are in addition to other rights and remedies provided by applicable law.

(Ord. No. 6029, § I, 4-23-2013.)