Chapter 5.36 — TAXICABS/MOTOR VEHICLES FOR HIRE

Section 5.36.010 Definitions. 5.36.020 Permit required—Compliance herewith. 5.36.030 Application for company permit.

5.36.040 Time of hearing—Notice. 5.36.050 Hearing of application. 5.36.060 Business license and insurance policy. 5.36.070 Revocation—Notice—Grounds. 5.36.080 Limitation upon number—Transfer of permits. 5.36.090 Filing of rates and taximeter compliance. 5.36.100 Driver’s permit required. 5.36.110 Application for driver’s permit. 5.36.120 Qualifications as driver. 5.36.125 Testing for controlled substances and alcohol. 5.36.130 Age requirements. 5.36.140 Denial of permit for physical, moral defect. 5.36.150 Fingerprints—Photographs. 5.36.160 Termination of employment or lease. 5.36.170 Transfer of driver’s permit. 5.36.180 Revocation of permit—Grounds. 5.36.190 Report of suspension or revocation. 5.36.200 Appeal by driver. 5.36.210 Surrender of revoked permit. 5.36.220 Observation of rules.

For the purposes of this chapter, the words and phrases defined in this section shall be construed in accordance with the following definitions. CITY. The City of Tulare. COMPANY. Any entity operating taxicabs/motor vehicles for hire business, including without limitation, a natural person, firm, association, organization, partnership, business, trust, corporation, or public entity. COMPANY PERMIT. A valid permit issued by the city authorizing a company to operate taxicabs/motor vehicles for hire business. DRIVER. A person who drives or controls the movements of taxicabs/motor vehicles for hire. DRIVER'S PERMIT. A valid permit issued by the city authorizing a person to drive or control the movements of taxicabs/motor vehicles for hire. MOTOR VEHICLES FOR HIRE. Every motor vehicle by means of which passengers are transported for hire upon any public street in the city, and not over a regular defined route and irrespective of whether the operation extend beyond the boundary limits of the city or not. TAXICABS/MOTOR VEHICLES FOR HIRE. A motor vehicle regularly engaged in the business of carrying passengers for hire, designed for carrying not more than eight persons, excluding the driver, upon any public street in the city, and not over a regular or defined route and irrespective of whether the operations extend beyond the boundary limits of the city or not, where charge for such transportation is measured by the distance traveled or by the time required, as herein defined. TAXIMETER. A taximeter is a mechanical or electronic device installed in public transport motor vehicles or taxicabs that calculates passenger fares based on a combination of distance travelled and waiting time. (1995 Code, § 5.36.010) (Ord. 09-10, passed 9-1-2009)

It is unlawful to operate, or cause to be operated, an automobile for hire, or a taxicab upon any public street within the city, without first having obtained a permit so to do in accordance with the provision hereof, and without complying or having complied with all of the provisions of this chapter. (1995 Code, § 5.36.020)

Any person desiring to obtain the permit required by § 5.36.020 shall pay a fee of $25 to the City Clerk, and shall make application for the permit to the Council, which application shall set forth: (A) Name, address. The name and address of the applicant and if the same be a corporation, the name of its principal officers, or if the same be a partnership, association or fictitious company, the names of the partners or persons comprising the association or company, with the address of each; (B) Class of vehicle. A statement of whether the permit is desired for motor vehicle for hire or a taxicab; (C) Description of vehicle. A description of every motor vehicle which the applicant proposes to use giving: (1) Trade name; (2) Motor and serial number; (3) State license number; (4) Seating capacity; and (5) Body style. (D) Location of stands. The street number and exact location of the places where the applicant proposes to stand each such motor vehicle; (E) Schedule of fares. The proposed schedule of rates or fares to be charged for carrying passengers in the motor vehicle; and (F) Insignia. The distinctive color scheme, name, monogram or insignia, which shall be used on the motor vehicle. (G) Inspection certificate. A brake and light inspection certificate for each motor vehicle set forth in the application shall be attached thereto, a new certificate will be required for any new or replacement motor vehicle. (H) Insurance. Proof of insurance, as set forth in § 5.36.060, for each motor vehicle set forth in the application shall be attached thereto. (1995 Code, § 5.36.030) (Ord. 09-10, passed 9-1-2009) Editor’s note: For the most recent fee, please see the Rates and Fees Resolution passed by the city and on file in the city offices.

Upon the receipt of any application referred to in § 5.36.030, the Clerk shall set a time not less than ten or more than 30 days thereafter, for the hearing of the application before the Council and shall give notice of the time set at least five days before the date of the hearing to the applicant, at the address set out in the application. (1995 Code, § 5.36.040)

(A) At the time set for the hearing of the application, the Council may examine the applicant and any other 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. (B) If it be found by the Council that 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 in accordance with the application, subject to the filing and approval of and undertaking as provided for in § 5.36.060. (1995 Code, § 5.36.050)

(A) Before a permit shall be issued by the City Clerk/City Manager, the applicant to whom the permit shall have been awarded by the Council as aforesaid shall deliver to the City Clerk/City Manager proof of the issuance of a city business license. (B) At the time of application or prior to a permit being issued the applicant to whom the permit shall have been awarded by the Council as aforesaid shall deliver to the City Clerk/City Manager a policy of insurance executed by a company duly authorized under the laws of the state to do an insurance business by the provisions of which policy the company promises and undertakes to pay in full all claims for damages to persons or property resulting from the operation of automobiles referred to in the application; provided that the maximum amount for which liability shall be assumed for injury to, or death of, one person in any one accident; and injury to, or death of, more than one person in any one accident; and the maximum

amount for which liability shall be assumed for injury to or destruction of property in any one accident, shall be set by resolution of the City Council. (C) Following approval of a company permit to operate a taxicab/motor vehicle for hire service, a permit holder, thereafter, shall file annually with the City Clerk/City Manager a current insurance policy for each motor vehicle. (1995 Code, § 5.36.060) (Ord. 09-10, passed 9-1-2009)

Any permit granted under the provisions of this chapter may be revoked by the Council either in whole or as to any or either car described therein, after ten days’ notice to the permit holder, requiring him or her to appear at a certain time and place to show cause why the permit should not be revoked for any of the following reasons: (A) No undertaking. That the undertaking provided in § 5.36.060 has not been given or has been withdrawn or lapsed for nonpayment of premium, or is not in force for any reason; (B) Nonpayment of license. For the nonpayment of any license fee provided by the provisions of this code; (C) Violation of chapter. For the failure to observe any of the rules and regulations set out in this chapter; (D) Violation of law. For the violation of any laws of the state or provisions of this code; (E) Unsatisfactory service. For failure to maintain satisfactory service to the public; and (F) Other grounds. For any cause which in the opinion of the Council makes in contrary to the public interest, convenience and necessity for the permit to be continued. (1995 Code, § 5.36.070)

No person shall be entitled to hold more than one permit at a time; and no permit shall be transferable without the permission of the Council having been first obtained. (1995 Code, § 5.36.080)

(A) Following approval of a company permit to operate a taxicab service, a permit holder, thereafter, shall file annually with the City Clerk/City Manager a current schedule of rates, and shall, at all times, have displayed therein in a location and manner that are visible to all passengers. (B) Taximeters shall be in compliance with the laws as set forth by the State of California as a registered Commercial Measuring or Weighing Instrument and in accordance with the rules and regulations as established by the Tulare County Agricultural Commissioner-Sealer Weights and Measures Office on an annual basis. The company shall be responsible for any fees associated therewith. (1995 Code, § 5.36.090) (Ord. 09-10, passed 9-1-2009)

It shall be unlawful for any driver to operate any taxicab or rent a car in this city unless there exists a valid driver’s permit to do so as herein provided. (1995 Code, § 5.36.100)

The application for a driver’s permit shall be in writing, duly certified under oath and renewed annually. It, together with a copy thereof, shall be submitted to the City Clerk/City Manager, who shall file the same. Each such applicant shall pay a fee of $10 to the City Clerk/City Manager and shall set forth the name, age and address of the applicant, his or her past experience in operating vehicle, the name, business and address of each of his or her employers during the preceding period of three years, whether or not a chauffeur’s license issued to him or her by the state or any state or governmental agency has ever been revoked, the name and address of the owner by whom he is to be employed as a driver, which owner shall endorse the application, and such additional information as the City Clerk/City Manager or Police Department may require. (1995 Code, § 5.36.110) (Ord. 09-10, passed 9-1-2009)

Upon application for a driver’s permit and before it shall be issued, the driver, whether the owner or otherwise, must provide the following information, and annually thereafter: (A) A valid California driver's license and/or chauffeur's license. (B) A current Department of Motor Vehicles driving history report, cost to be borne by the company and/or driver. (C) Drivers shall submit to annual testing for controlled substance and alcohol as set forth in § 5.36.125. (D) Drivers shall submit to fingerprinting as set forth in § 5.36.150. (1995 Code, § 5.36.120) (Ord. 09-10, passed 9-1-2009)

(A) A driver shall test negative for controlled substances and alcohol as set forth in Cal. Government Code § 53075.5. (B) In the case of a self-employed independent driver, the test results shall be reported directly to the city which shall notify the taxicab leasing company of record, if any, of positive results. Self-employed independent drivers shall be responsible for compliance with this section, and shall pay all costs associated with compliance with this section. In all other cases, the results shall be reported directly to the employing company, who shall notify the city of positive results. (C) All test results are confidential and shall not be released without the consent of the driver, except as authorized or required by law. (Ord. 09-10, passed 9-1-2009)

No driver’s permit may be granted to any person under the age of 18 years. (1995 Code, § 5.36.130)

A 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 Clerk/City Manager, would render the applicant not competent to operate taxicabs/automobiles for hire. (1995 Code, § 5.36.140) (Ord. 09-10, passed 9-1-2009)

(A) Prior to issuance of a permit, the driver shall be Live Scan fingerprinted by, and his or her record filed with, the Police Department. The driver shall also file with his or her application two recent "passport size" photographs no larger in size than two inch by two inch, one to be filed with his or her application and one to be permanently attached to the driver permit when issued. (B) The permit shall be posted in a place conspicuous from the passenger's compartment of the taxicabs/automobiles for hire while the driver is operating same. (C) The company and/or driver shall be responsible for the payment of fees associated with Live Scan fingerprinting as set forth by the Department of Justice payable to the Police Department. (1995 Code, § 5.36.150) (Ord. 09-10, passed 9-1-2009)

Every driver’s permit issued hereafter shall set forth the name of the owner for whom the driver is authorized to operate taxicabs/automobiles for hire and shall be valid only so long as he or she continues to lease a vehicle from the owner. Upon the termination of the employment or lease, the driver shall forthwith surrender his or her driver’s permit to the City Clerk/City Manager. Upon the termination of the employment of the driver or of lease of a vehicle, the owner of the vehicle shall immediately give the City Clerk/City Manager written notice of the termination. (1995 Code, § 5.36.160) (Ord. 09-10, passed 9-1-2009)

No driver’s permit issued hereunder shall be transferable in any event. (1995 Code, § 5.36.170)

The Chief of Police shall have the power to suspend or revoke any driver’s permit issued hereunder for any of the reasons for which an application for such a permit may be denied or if the holder thereof shall be found guiltily by any court of reckless driving, or the violation of any other law. (1995 Code, § 5.36.180)

The Chief of Police shall, in writing, immediately report any such suspension or revocation to the City Clerk/City Manager, stating the reasons for such actions. (1995 Code, § 5.36.190) (Ord. 09-10, passed 9-1-2009)

The City Clerk/City Manager may affirm or reverse, in whole or in part, any such order on a written appeal filed with the City Clerk/City Manager by the driver within ten days from the date of any such order. (1995 Code, § 5.36.200) (Ord. 09-10, passed 9-1-2009)

In the event of the suspension or revocation of a driver’s permit, the permit shall be, by the holder thereof, immediately surrendered to the City Clerk/City Manager. (1995 Code, § 5.36.210) (Ord. 09-10, passed 9-1-2009)

The following rules and regulations shall be observed by all persons operating taxicabs or automobiles for hire; and it shall be unlawful to operate the same in violation of any of the following rules:. (A) Standing restricted. No taxicab or automobile for hire shall remain standing upon any portion of any public street within the city except for loading and unloading passengers, and then not for a period of more than five minutes, excepting such stands as may be designated by the Council and described in the application for a permit. (B) Direct route. The operator of any taxicab, other than one charging a flat rate, shall carry any passenger engaging the same, safely and expeditiously to his or her destination by the most direct and accessible route. (C) Mechanical maintenance. All automobiles for hire and taxicabs shall be kept in good mechanical condition. (D) Sanitation of passenger compartment. No taxicab or automobile for hire shall be operated unless the passenger compartment is kept clean and in sanitary condition. (E) Violation of law. No person shall operate a taxicab or automobile for hire in violation of any law. (F) Unfair competition; fraud. No owner or operator of any automobile for hire or taxicab shall indulge in unfair competition with competitors or shall commit any fraud upon the public; and the Council shall be the sole judge of what constitute fraud or unfair competition. (G) Designation as “taxi”. No automobile for hire shall be designated by any word or phrases using the word “taxi” or “taxicab” in any sign or advertising matter. (H) Excessive charges. No charge shall be made by any operator or owner of a taxicab or automobile for hire in excess of the rates posted in the passenger compartment of the car. (I) Posting of rates, regulations. Every taxicab shall have posted in the passenger’s compartment a schedule of rates and charges and a copy of this chapter. (1995 Code, § 5.36.220)