Stanton Municipal Code Ch. 5.28 Passenger Carriers

In this chapter (unless, from the particular context, it clearly appeals that some other meaning is intended), the following definitions shall apply:

"Automobile for hire"

means and includes every motor vehicle of private appearance and which is operated and hired from a public or a private garage only, and the destination and route of which are under the control of the passengers being carried therein, for a compensation which is fixed in accordance with the distance traveled, waiting time, or both.

"Driver"

means and includes every person in actual charge and control of any taxicab or automobile for hire as the driver thereof.

"Motor vehicle"

means every self-propelled vehicle used for transportation of persons over the public highways otherwise than upon fixed rails or tracks.

"Owner"

means and includes every person, firm or corporation owning or controlling any taxicab or automobile for hire.

"Stand"

means and includes a portion of the street designated by the council for the sole use of taxicabs while waiting for employment.

"Taxicab"

means and includes every motor vehicle of a distinct color or commercial appearance used in the business of carrying passengers for hire, and which is rented from a public or a private garage or any fixed stand or location, and the destination and route of which are under the control of the passenger and passengers being carried therein.

"Taximeter"

means and includes a mechanical instrument or device by which the charge for hire of a passengercarrying vehicle is mechanically calculated and receipted for, either for distance traveled or for waiting time or both and upon which such charge is indicated by means of figures and a printed receipt.

(Prior code § 5.26.010)

No person, firm, association or corporation shall cause to be operated at any point in this city any taxicab, automobile for hire, motor bus or ambulance unless they shall have been issued an owner's permit, as provided in this chapter, and no person shall drive or operate a taxicab, automobile for hire or motor bus unless they shall have been issued a driver's permit as provided in this chapter.

(Prior code § 5.26.020)

An application fee in the sum of ten dollars shall be required to be paid by every person, firm or corporation seeking an owner's permit to operate any taxicab, automobile for hire.

(Prior code § 5.26.030)

An application fee in the sum of five dollars shall be required to be paid for each stand or change of location thereof for which a permit is applied.

(Prior code § 5.26-.040)

An application fee in the sum of three dollars shall be required to be paid by each applicant for a driver's permit.

(Prior code § 5.26.050)

All such application fees shall accompany the application.

(Prior code § 5.26.060)

All permits granted pursuant to this chapter shall be nontransferable.

(Prior code § 5.26.070)

When any permit is granted under this chapter, the city 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 the same was granted.

(Prior code § 5.26.080)

Every person, firm or corporation carrying passengers for hire in any motor vehicle in this city shall obtain a license therefor and pay the license fee provided for by ordinance of this city.

(Prior code § 5.26.090)

The license shall be issued in the manner provided by ordinance for other licenses of this city, but not until a permit for the use of the motor vehicle has been obtained as provided in this chapter.

(Prior code § 5.26.100)

Any owner desiring to obtain the permit required by Section 5.28.020 shall make application therefor to the city council.

(Prior code § 5.26.110)

The application shall be verified under oath and shall set forth:

A. Contents of Application. The name, age, business address, residence and citizenship of the applicant if a natural person; or if a corporation, its name, date and place of incorporation, address of its principal place of business, and the names of its principal officers, together with their respective addresses; or if a partnership, association or company, with the place of business and residence of each such partner or person;

B. Data as to Vehicles. A description of each motor vehicle which the applicant proposes to use, giving the type of each vehicle, the name of the manufacturer thereof, the horsepower, and the seating capacity thereof, according to its trade or factory rating;

C. Garage Location. The street number and exact location of the public or private garage from which each such vehicle is to be operated;

D. Schedule of Fares. A schedule of the rates of fare to be charged for carrying passengers;

E. Experience of Applicant and Data as to Person in Charge. The past experience of the applicant in the matter to which the requested permit appertains; and the name, address and past experience of the person to be in charge of the premises or business;

F. Financial Statement. A verified financial statement of the applicant;

G. Permit Revocations. Whether or not any permit has been revoked; and if so, the circumstances of such revocation;

H. Further Required Information. Such further information as the council, or such official of this city to whom the application may be referred, may require.

(Prior code § 5.26.120)

If the application referred to in Section 5.28.110 is for a permit to operate taxicabs, it shall set forth:

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

B. Distinctive Appearance. The color scheme, name, monogram, or insignia which the applicant proposes to use;

C. Computation of Fares. The basis on which fares will be computed and charged, whether by distance traveled or time elapsed; and the method by which the amount of fare charged shall be computed, whether by taximeter or by fare zones.

(Prior code § 5.26.130)

In addition to the failure to set forth the information required by the foregoing sections of this chapter, the council shall deny the owner's permit required by Section 5.28.020, if it appears to its satisfaction that any motor vehicle proposed to be operated is inadequate or unsafe; that the applicant has been convicted of a felony or violation of any narcotic law, or of any penal law involving moral turpitude.

(Prior code § 5.26.140)

The council shall have the power to deny the granting of (or to revoke, suspend or cancel) any such permit if public convenience and necessity does not require the same, or for any reasonable cause which, in its sound discretion, is contrary to the public welfare.

(Prior code § 5.26.150)

Upon receipt of any application for an owner's permit referred to in Section 5.28.020 and in the foregoing provisions of this chapter, the council shall make or cause to be made an investigation, and may grant such permit for a prescribed or indefinite period if it finds:

A. 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;

B. That the applicant has complied with the terms and conditions of this chapter;

C. In case of an application for a taxicab permit, that the color scheme, name, monogram, or insignia to be used upon such car is not in conflict with (does not imitate) any color scheme, name, monogram, or insignia used by another person, firm or corporation in such manner as to be misleading, or tend to deceive or defraud the public, or that a color scheme, name, monogram or insignia has heretofore been designated for said applicant;

D. In case of an application for a taxicab permit, that the location of the stand as therein stated is such that it will not congest or interfere with travel on any public street nor the use of any public street by the public; and is not prohibited by any ordinance of this city;

E. That the proposed operations are desirable to the city.

(Prior code § 5.26.160)

The council shall have power to determine all issues relative to granting or denying owner's permits for taxicabs, automobiles for hire and stands.

(Prior code § 5.26.170)

The application for such driver's permit shall be made to the city manager or his/her designated representative, shall be in writing and in duplicate; and the original thereof shall be duly acknowledged before some person lawfully authorized to administer oaths.

(Prior code § 5.26.180; Ord. 789 § 13, 1997)

Such original driver's permit shall forthwith be transmitted to the city clerk.

(Prior code § 5.26.190)

The application shall set forth the name, age and address of the applicant, his past experience in operating automobiles, the names and addresses of his employers during the preceding period of three years, the number of his Class C driver's license, whether or not a driver's license issued to him by the state of California or any other state or government agency has ever been revoked, the name and address of the owner by whom he is to be employed as a driver (the owner shall endorse the application) and such additional information as the city manager or his/her designated representative may require.

(Prior code § 5.26.200; Ord. 789 § 13, 1997)

Every driver's permit issued under this chapter shall set forth the name of the owner by whom the driver is employed and shall be valid only so long as he continues in the employ of such owner.

(Prior code § 5.26.230)

Upon the termination of such employment, the driver shall forthwith surrender his driver's permit to the city manager or his/her designated representative.

(Prior code § 5.26.240; Ord. 789 § 13, 1997)

No such driver's permit shall be granted to any person under the age of twenty-one years.

(Prior code § 5.26.250)

Such driver's permit may be denied upon substantial evidence of facts of either physical or moral deficiencies of the applicant which in the sound discretion of the city manager or his/her designated representative would render the applicant not a competent person to operate a taxicab or automobile for hire.

(Prior code § 5.26.260; Ord. 789 § 13, 1997)

No such driver's permit issued under this chapter shall be transferable in any event.

(Prior code § 5.26.270)

The city manager or his/her designated representative shall have the power to revoke or suspend any driver's permit issued under this chapter in the event the holder thereof is found guilty of a violation of any of the provisions of this chapter or is found guilty of reckless driving or of the violation of any other law, which violation, in the sound discretion of the official, is deemed sufficient evidence of the fact that the driver is not a competent person to operate the motor vehicle for which the driver's permit was issued.

(Prior code § 5.26.280; Ord. 789 § 13, 1997)

In the event of such revocation or suspension of a driver's permit, such certificate as may be issued in connection therewith shall be, by the holder thereof, forthwith surrendered to the city manager or his/her designated representative.

(Prior code § 5.26.290; Ord. 789 § 13, 1997)

Every taxicab and automobile for hire shall have displayed in a conspicuous place in the passenger compartment thereof, at all times, a sign stating in clearly legible characters the rates of fare charged for carrying passengers therein, the owner's name or number and license number of such owner and the picture, name and license number of the driver of such vehicle.

(Prior code § 5.26.300)

No owner or driver shall operate, or cause to be operated, any taxicab or automobile for hire while the same or any of the equipment used thereon or therein is in a defective, unsafe or unsanitary condition.

(Prior code § 5.26.310)

Every taxicab or automobile for hire shall at all times be subject to the inspection of any police officer or sanitary inspector of the city.

(Prior code § 5.26.320)

No person, firm or corporation shall drive or operate any taxicab other than one bearing the color scheme, name, monogram or insignia set forth in the application for the permit as provided in this chapter.

(Prior code § 5.26.330)

No person, firm or corporation shall change the color scheme, name, monogram or insignia without first having obtained the consent of the council.

(Prior code § 5.26.340)

No automobile for hire shall be painted a distinctive color for the purpose of identification.

(Prior code § 5.26.350)

Any owner having a permit for the operation of a taxicab or automobile for hire may substitute another motor vehicle for that for which such permit was granted; but, before doing so, shall obtain and file with the city clerk the consent of the surety on his bond or the insurer on his policy of insurance to such substitution.

(Prior code § 5.26.360)

No such substitution shall continue longer than seven days unless a permit is obtained from the city clerk for such substituted motor vehicle in the same manner as provided, in the following sections of this chapter, for additional vehicles.

(Prior code § 5.26.370)

An owner having a permit for the operation of a taxicab, or automobile for hire, desiring to operate additional motor vehicles of the same type and classification shall file an application therefor with the city clerk.

(Prior code § 5.26.380)

The application shall be verified under oath and shall set forth the information required by this chapter in an original application.

(Prior code § 5.26.390)

The city clerk shall then issue a permit to operate such additional motor vehicles.

(Prior code § 5.26.400)

The council shall designate, in any stand permit granted by it, the exact location of the stand in which the taxicab may park.

(Prior code § 5.26.410)

No such stand shall be wider than fourteen feet on the streets where parking at an angle is permitted, or twenty feet on streets where parallel parking is required.

(Prior code § 5.26.420)

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 words "Taxicabs Only" in white letters thereon.

(Prior code § 5.26.430)

It is unlawful for the owner or driver of any taxicab or automobile for hire to park or stand the same upon any public highway in this city for any period of time longer than is necessary to discharge or receive passengers then occupying or then waiting for such taxicab or automobile for hire; provided that a taxicab may park in a permitted stand.

(Prior code § 5.26.440)

No stand shall be changed except upon written application to the council setting forth the proposed new location.

(Prior code § 5.26.450)

No driver shall operate or drive a taxicab or automobile for hire unless the owner thereof has obtained a permit and license therefor, and has obtained a driver's permit as provided in this chapter, and both of said permits are in full force and effect.

(Prior code § 5.26.460)

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

(Prior code § 5.26.470)

No driver of any taxicab or automobile for hire shall permit any person to ride on the running board therefor or elsewhere outside of the body thereof.

(Prior code § 5.26.480)

No driver of any taxicab or automobile for hire shall permit more persons to ride in the driver's compartment thereof than can be seated in the regular seats in said compartment, or permit any person to sit or stand at any place in or on such vehicle where such person obstructs the driver's view of traffic ahead or to either side.

(Prior code § 5.26.490)

The services of a taxicab operating pursuant to any permit granted under this chapter shall be available only upon telephone call, engagement of the taxicab when parked at a regular stand, or when hailed from the street, sidewalk or curb, but not otherwise. It is unlawful for any taxicab driver, owner or their agent to solicit passengers.

(Prior code § 5.26.500)

The services of an automobile for hire operating pursuant to any permit granted under this chapter shall be available only upon telephone call or upon engagement at the public or private garage from which such vehicle is operated. It is unlawful for any person to cruise or cause or permit to be cruised any automobile for hire.

(Prior code § 5.26.510)

An automobile for hire shall be deemed to be cruising when it solicits or takes on any passenger other than in response to an order given at its garage, or in response to a telephone call requesting transportation.

(Prior code § 5.26.520)

All owners or operators of taxicabs and automobiles for hire shall file with the city clerk reasonable and uniform tariffs or schedules of fares.

(Prior code § 5.26.530)

It is unlawful to charge, collect or receive any other or different compensation for the use of such taxicab or automobile for hire than that specified in the tariff or schedule of fares on file and at the time in effect.

(Prior code § 5.26.540)

Such tariffs and schedules of fares shall not be amended except with the consent of the council.

(Prior code § 5.26.550)

No person shall refuse to pay the legal fare of any of the vehicles mentioned in this chapter, after having hired the same; and any person who hires any vehicle defined in this chapter with the intent to defraud the person from whom it is hired shall be punishable as provided in Section 5.28.630.

(Prior code § 5.26.560)

No person, firm, or corporation shall drive or operate any automobile for hire or taxicab or cause the same to be driven or operated unless and until there is on file and in full force and effect at all times while any such automobile for hire or taxicab is being operated, proof of financial responsibility resulting from ownership or operation of the vehicle and arising by reason of personal injury, damage, or death to person or property from the negligent operation or defective construction of such automobile for hire or taxicab. No license shall be issued by the city clerk to any person, firm or corporation, licensing such person, firm or corporation to drive or operate any automobile for hire or taxicab which does not at all times comply with this section. Proof of financial responsibility shall be maintained in the form and amount of insurance, bond, deposit, or qualified self-insurance as set forth in California Vehicle Code Section 16500.

(Prior code § 5.26.570; Ord. 789 § 13, 1997)

The policy of insurance shall guarantee the payment to any and all such persons suffering injury or damage to person or property, of any final judgment rendered against such owner within the limits abovementioned, and shall inure to the benefit of such persons.

(Prior code § 5.26.590)

The policy shall also contain a clause that the same shall continue in full force and effect until ten days after a written notice of intention to cancel or terminate the policy has been served upon the city clerk.

(Prior code § 5.26.600)

The policy shall be approved as to form by the city attorney and as to sufficiency by the city clerk before the same is filed with the city clerk.

(Prior code § 5.26.610)

If at any time the policy of insurance is cancelled by the company issuing the same, the owner shall forthwith replace such policy with another policy as above provided; and, in default thereof, such owner's permit and license may be revoked.

(Prior code § 5.26.620)

Every person, firm or corporation holding a permit issued under the terms of this chapter shall at all times be subject to the laws of the state and all ordinances of this city not in conflict with the chapter.

(Prior code § 5.26.630)

A. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter.

B. Any person violating any provision hereof shall be charged in accordance with Section 1.04.080 of this code and upon conviction shall be punished in accordance therewith.

(Prior code § 5.26.640; Ord. 677 § 1, 1988)

It is the duty of the chief of police to enforce the provisions of this chapter.

(Prior code § 5.26.650)