Turlock Municipal Code Art. 12 Taxicabs: Regulations

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

(a)

"Holder"

shall mean a person to whom a taxicab company permit or taxicab driver's permit has been issued.

(b)

"Manifest"

shall mean a daily record prepared by a taxicab driver of all trips made by such driver, showing time and place of origin, destination, number of passengers, and the amount of fare of each trip.

(c)

"Medallions" or "vehicle medallion"

shall mean the official City-issued decal or applique affixed to the taxicab denoting that the taxicab is registered with the City.

(d)

"Taxicab company permit"

shall mean the permit issued and required by the City to the owner of a taxicab seeking to offer service within the City, or a taxicab company that is physically located within the city limits of the City of Turlock.

(e)

"Taxicab driver's permit"

shall mean the permit issued by the City to the driver of a taxicab. References to the obligation of the company or driver shall apply equally to drivers who are employees, affiliates and/or subcontractors.

(f)

"Taxicab" or "cab"

shall mean a motor vehicle regularly engaged in the business of carrying passengers for hire and having a seating capacity of not more than eight (8) persons, excluding the driver, and not operated on a fixed route.

(g)

"Taximeter"

shall mean a meter instrument or device attached to a taxicab which measures mechanically the distance driven and the waiting time upon which the fare is based.

(h)

"Waiting time"

shall mean the time when a taxicab is not in motion, from the time of acceptance of a passenger or passengers until the time of discharge. Waiting time shall not include the time when a taxicab is not in motion because of the fault of the driver or the vehicle.

(i)

"Chief of Police"

shall mean the Chief of Police of the Turlock Police Department or his/her designee.

(1158-CS, Added, 10/27/2011)

Any person owning a taxicab or driving a taxicab seeking to operate the same in the City shall comply with this article. The taxicab company permit, described below, will authorize the owner of a taxicab or taxicab company to operate within the City, provided each driver of said taxicab(s) receives a taxicab driver's permit. In addition, the taxicab company must secure an individual medallion for each taxicab to be registered with the Turlock Police Department.

(a) No person shall operate a taxicab for hire upon the streets of the City, and no person who owns or controls a taxicab shall permit it to be so driven, unless the owner of such taxicab and driver shall have first obtained and shall have then in force a taxicab company permit and a taxicab driver's permit issued by the Chief of Police.

(1) Taxicab company permit. It shall be unlawful for any owner or driver to operate a taxicab in the City without first registering the taxicab with the Police Department and paying all applicable licensing and permit fees. A taxicab permit may be acquired from the Chief of Police upon presentation of the following:

(i) Submission of a complete taxicab permit application;

(ii) Proof of insurance in accordance with this chapter;

(iii) A statement indemnifying the City in accordance with this chapter;

(iv) A schedule of rates of fare which will be posted in the taxicab;

(v) Proof of vehicle ownership accompanied by a statement under penalty of perjury that the applicant is the vehicle owner or authorized representative of the owner and is authorized to legally bind the company as required by this chapter; and

(vi) Payment of the biennial permit application fee, plus an individual biennial medallion fee, should there be any, for each taxicab registered with the Police Department.

(2) Taxicab driver's permit. It shall be unlawful for any person to operate a taxicab within the City or for any taxicab company to permit their taxi(s) to be operated in the City by a driver not licensed pursuant to this article. A driver's permit may be acquired from the Chief of Police upon presentation of the following:

(i) A complete taxicab driver's permit application;

(ii) A valid California driver's license;

(iii) A statement under penalty of perjury that the driver has never been convicted of a felony or of a misdemeanor involving moral turpitude, violence, larceny, or sex crimes;

(iv) A certificate acceptable to the Police Department showing the driver passed a drug test within the previous twelve (12) months;

(v) Submission to a criminal offender records check as required by the Chief of Police of the Turlock Police Department; and

(vi) Payment of the taxicab driver's permit fee.

(b) Each permit shall be valid for two (2) calendar years following issuance. The permits and medallions issued pursuant to this article shall be nontransferable to other taxicabs or drivers.

(c) Renewal of permits. It is the permit holder's responsibility to renew a taxicab company or taxicab driver's permit. The taxicab permit, driver's permit and vehicle medallions shall be renewed biennially by the permit holder provided a complete renewal application with appropriate permit renewal fees are received by the Chief of Police or postmarked thirty (30) calendar days before the permit's expiration date. If the application is late, determined to be incomplete or is not otherwise capable of being acted on prior to the thirty (30) day period before the expiration date, the applicant may be required to pay late fees. Holders of expired permits are not permitted to operate taxicabs in the City. If the permit lapses for more than thirty (30) calendar days after the expiration date, the applicant shall file an initial application.

(d) Exemptions. The following are exempt from the requirement to obtain a taxicab company permit:

(1) ADA paratransit providers when providing paratransit service.

(2) A charter-party carrier of passengers within the meaning of Section 5351 et seq. of the California Public Utilities Code.

(3) Any person operating or causing to be operated a taxicab while transporting a passenger(s) from a point outside to a destination within the City, or proceeding through the City to a destination outside the City.

(e) For taxicab companies physically located within the city limits of Turlock, the taxicab company shall further be required to register and operate within the parameters of all Federal, State, and local laws governing business ownership and licensing.

(1158-CS, Added, 10/27/2011)

The taxicab driver's permit shall be posted in such a place to be easily visible to all passengers, day and night. The vehicle medallion shall be on display and easily visible in the rear window of the taxicab.

(1158-CS, Added, 10/27/2011)

No taxicab permit shall be issued or continued in effect unless there is in full force and effect the following:

(a) Commercial general liability/automobile liability insurance. Taxicab company shall obtain and maintain commercial general liability insurance and automobile liability insurance in compliance with TMC 1-6-01 (Minimum insurance requirements).

(b) Workers' compensation insurance. Taxicab company shall obtain and maintain statutory workers' compensation insurance and employer's liability insurance in compliance with TMC 1-6-01 (Minimum insurance requirements), State, or Federal mandates or requirements.

(c) Acceptability of insurers. Insurance is to be placed with insurers with a current Best Rating of A:VII unless otherwise acceptable to the city.

(d) Verification of coverage. Insurance, deductibles or self-insurance retentions shall be subject to City's approval. Original certificates of insurance with endorsements shall be received and approved by the City before a permit is issued.

(e) Other insurance provisions.

(1) The City of Turlock, its elective and appointive boards, officers, agents, employees, and volunteers are to be covered as additional insureds by Endorsement CG 20 10 11 85 or its equivalent, as approved by the City's Risk Manager for commercial general and automobile liability coverage.

(2) For any claims related to this application, taxicab company's insurance coverage shall be primary and any insurance or self-insurance maintained by the city, its elective and appointive boards, officers, agents, employees and volunteers shall not contribute to it.

(3) Each insurance policy required shall be endorsed to give a thirty (30) day notice to the Chief of Police in the event of cancellation or modification to the stipulated insurance coverage.

(4) Approval of the insurance by the Chief of Police or acceptance of the certificate of insurance by the Chief of Police shall not relieve or decrease the extent to which taxicab company may be held responsible for payment of damages resulting from taxicab company's services or operation pursuant to this article, nor shall it be deemed a waiver of the City's rights to insurance coverage hereunder.

(5) If, for any reason, taxicab company fails to maintain insurance coverage that is required pursuant to this article, the Chief of Police may suspend or revoke the taxicab company's permit(s).

(6) The permit holder is responsible to keep the Chief of Police informed of deletions and additions of vehicles to the insurance schedule when changes are made during the year.

It shall be a misdemeanor to operate a taxicab business without insurance coverage as specified in this section.

(1158-CS, Added, 10/27/2011)

The taxicab company shall defend, indemnify and hold the City of Turlock, its elective and appointive boards, officers, agents, employees, and volunteers harmless from any liability for damage or claims of same, including but not limited to personal injury, property damage, and death, which may arise from taxicab company or taxicab company's contractors, subcontractors, agents, or employees' operations under this agreement. The City shall cooperate reasonably in the defense of any action, and taxicab company shall employ competent counsel acceptable to the City Attorney.

(1158-CS, Added, 10/27/2011)

If, at any time, in the judgment of the Chief of Police, the taxicab auto liability insurance policy for the holder does not meet the requirements set forth in TMC 3-1-1204, the Chief of Police may suspend the permit until the Chief of Police has received satisfactory proof that the holder has obtained insurance which meets such requirements. The Chief of Police may also revoke a permit for repeated violations of this section.

(1158-CS, Added, 10/27/2011)

(a) A taxicab permit may be suspended or revoked by the Chief of Police if the holder thereof has:

(1) Violated any of the provisions of this Code, including this chapter.

(2) Violated any provision of State or Federal law, subsequent to the provisions of this chapter.

(3) Made a materially false or misleading statement or omission of fact on any permit application, or renewal application, or in any supplementary materials submitted therewith.

(b) When a decision to suspend has been made, the permit holder shall be given notice of the suspension and the reason(s) therefor. Should the holder wish to contest the action, they may request an appeal hearing pursuant to TMC 3-1-1223.

(c) Should the permit renewal date come while a permit is suspended, the holder shall follow renewal procedures specified in TMC 3-1-1202 for reactivation of the permit.

(d) Revocation of said permit(s) may occur for repeated or serious violation(s) of this chapter or State law; or for conviction of a felony or of a misdemeanor involving moral turpitude, violence, larceny, or sex crimes.

(1158-CS, Added, 10/27/2011)

Any suspension of a permit shall become effective immediately upon delivery of the written decision of the Chief of Police to the holder at the most recent home or business address on file with the City, or within five (5) days of the deposit of such decision addressed to the holder into the United States mail by certified mail.

(1158-CS, Added, 10/27/2011)

Upon a written decision suspending a taxicab permit, the permit shall immediately be surrendered to the Chief of Police. Once the reasons for suspension are duly remedied and the period of suspension, if applicable, has expired, the Chief of Police shall return the permit.

(1158-CS, Added, 10/27/2011)

It shall be unlawful for any person to operate a taxicab during a period in which the taxicab permit for the vehicle has been suspended or revoked.

(1158-CS, Added, 10/27/2011)

Every permit holder under this article shall comply with all City, State, and Federal laws. Violations shall justify the suspension or revocation of the taxicab and/or driver's permit(s).

(1158-CS, Added, 10/27/2011)

(a) All taxicabs operating in the City shall adhere to State and Federal laws regarding vehicle maintenance.

(b) It shall be unlawful for a holder to operate, cause to be operated, or permit to be operated any taxicab when it is not in a safe operating condition.

(c) A taxicab permit holder shall obtain an annual mechanical safety inspection of all permitted taxicabs. At a minimum, the inspection shall include a mechanic's certification that the windshield wipers, defroster, braking system, emergency brake, lighting system, glass, tires, exhaust system, spare tire and jack, driver displays (e.g., gear shift indicator, speedometer, engine warnings), steering system, suspension system, mirrors, horn, seat belts, seats, door/window handles and locks, heating system, and body panels are in good working order. A copy of the inspection report shall be carried in the vehicle and produced to the police upon request. The permit holder shall maintain the inspection records for each vehicle for a period of no less than one (1) year after the vehicle is no longer permitted by the City.

(d) Any City police officer, or reserve police officer, having reasonable cause to believe that any taxicab or combination of taxicabs is not equipped as required by this Code, the California Vehicle Code, or is in any unsafe condition as to endanger any person, may require the driver to stop and submit the vehicle or combination of vehicles to an inspection and those tests as may be appropriate to determine the safety to persons and compliance with the Code.

(1158-CS, Added, 10/27/2011)

All taxicabs operated under the authority of this article shall be equipped with taximeters which conform to all applicable requirements of State of California laws and regulations and shall be sealed by a California County Sealer of Weights and Measures. All taximeters shall be fastened so as to be clearly visible to passengers at all times of day and night. The taximeter shall be subject to inspection from time to time by the City and a California County Sealer of Weights and Measures. Such inspection may be initiated by complaint of a private citizen. If an inspection results in the finding of a faulty meter, the taxicab company permit shall be suspended until such time as the meter can be repaired and approved by a California County Sealer of Weights and Measures, and all other taxicabs of that company licensed or operating in Turlock can be checked for compliance.

(1158-CS, Added, 10/27/2011)

The licensee shall furnish service on a meter and service charge basis. A true and correct schedule of rates of fare to be charged for the transportation of passengers in any and all vehicles operated by said permit holder shall be filed with the application for a permit. A schedule of such fares shall be posted conspicuously in each vehicle operated by said permit holder and shall be visible to all passengers, day and night.

It shall be unlawful to charge, collect, or receive any other or different compensation for the use of such taxicab than that specified in the tariff or fare schedule so on file and at the time in effect, excepting tips.

(1158-CS, Added, 10/27/2011)

Upon a passenger's request, the driver of any taxicab shall render to such passenger a receipt that shall include the following information:

(a) The amount charged;

(b) The name of the permit holder or name of the business;

(c) The vehicle or taxicab number; and

(d) The date of transaction.

(1158-CS, Added, 10/27/2011)

It shall be unlawful for any person to refuse to pay the legal fare after having hired the same, and it shall be unlawful for any person to hire any vehicle herein defined with intent to defraud the person from whom it is hired of the fare for such service.

(1158-CS, Added, 10/27/2011)

(a) No driver shall solicit patronage to the annoyance of any person nor obstruct the movement of any persons, nor follow any person for the purpose of soliciting patronage.

(b) No additional passenger shall be accepted by a taxicab driver without the consent of the person or persons first employing the taxicab. No charge shall be made for any additional passenger except when the additional passenger rides beyond the previous passenger's destination, and then only for the additional distance so traveled. A "double" charge made by the driver is prohibited.

(c) No driver shall permit more persons to be carried in a taxicab as passengers than the rated seating capacity of his/her taxicab, as stated in the taxicab permit.

(d) No driver shall refuse or neglect to convey any orderly person or persons, upon request, unless previously engaged or unable or forbidden by the provisions of this article to do so. Any such refusal or neglect by the driver shall render him/her guilty of a violation of this article, in addition to any punishments otherwise provided by law.

(e) Any driver employed to carry passengers to a definite point shall take the most direct route possible that will carry the passenger or passengers safely and expeditiously to their destination, unless otherwise directed by the passenger or passengers.

(1158-CS, Added, 10/27/2011)

(a) The Traffic Engineer shall be authorized and empowered to establish taxi stands in such place or places upon the streets of the City as he/she deems necessary for the use of taxicabs operated in the City. The Traffic Engineer shall prescribe the number of cabs that shall occupy taxi stands.

(b) Taxi stands shall be used by the different drivers on a first-come first-served basis. Drivers shall stay within twenty (20) feet of their cab and they shall not solicit passengers or engage in loud or boisterous talk while at a taxi stand.

(c) The City shall paint the curbs in areas designated as taxicab stands by the Traffic Engineer. The costs of painting such curbs shall be borne by the City.

(1158-CS, Added, 10/27/2011)

No permit holder shall park or permit to be parked a taxicab in a City parking lot while waiting for a patron. For the purpose of this section, a taxicab is waiting for a patron if the driver is not otherwise engaged in an activity and/or is available for hire.

(1158-CS, Added, 10/27/2011)

Private or other vehicles for hire shall not at any time occupy the space upon the streets that has been established as taxicab stands.

(1158-CS, Added, 10/27/2011)

Every driver shall maintain a daily manifest upon which is recorded all trips made each day, showing time and place of origin and destination of each trip, and amount of fare. All such completed manifests shall be returned to the permit holder by the driver at the conclusion of his/her tour of duty. The forms of each manifest shall be furnished to the driver by the permit holder and shall be of a type and form approved by the City.

Every holder of a taxicab company permit shall retain and preserve all drivers' manifests in a safe place for at least one (1) calendar year, and such manifests shall be available to the Chief of Police for inspection at all reasonable hours.

(1158-CS, Added, 10/27/2011)

(a) Every permit holder shall keep accurate records of receipts from operations, operating and other expenses, capital expenditures, and such other operating information as may be required under the terms of this article. Every holder shall maintain the records containing such information and other data required by this article at a place readily accessible for examination by the Chief of Police at all reasonable hours.

(b) All accidents arising from or in connection with the operation of taxicabs permitted by the Police Department which occur on a street/highway or private property, regardless of jurisdiction, shall be reported to the Police Department within three (3) days if there was an injury, death, or property damage in excess of the amount reportable to the California Department of Motor Vehicles. This reporting is in addition to any other report filed with a law enforcement agency, insurance company, or California Department of Motor Vehicles.

(c) Every holder of a taxicab company permit shall keep and maintain at all times a complete and accurate record of all drivers employed by the holder, which record shall show in detail the names, home addresses, and the beginning and separation dates of employment of the drivers, the taxicab or taxicabs driven by such drivers, and the hours during which such drivers were on duty during each day or night of their employment. Such records shall be provided to the Chief of Police at any time upon demand and shall be retained for a period of at least five (5) years after the driver's separation from the taxicab company. Upon separation of the employment of any driver, the holder shall surrender the driver's permit to the Police Department.

(d) Every holder of a taxicab permit shall require employed drivers to submit a certificate showing the driver passed a drug test within the previous twelve (12) months. The drug test shall be completed by a certified laboratory meeting standards consistent with the U.S. Department of Health and Human Services and in compliance with U.S. Department of Transportation's Rule 49, Code of Federal Regulations Part 40. Evidence of completion shall be required annually and these records shall be provided to the Chief of Police upon request and retained by the holder with other employment records specified in subsection (c) of this section.

(1158-CS, Added, 10/27/2011)

Whenever the Chief of Police has made a decision or ruling to deny, suspend, or revoke any permit issued under this article, the applicant or holder of the permit may appeal the decision by filing a written request for an appeal hearing to the City Manager within ten (10) days of receipt or constructive receipt of the decision. Until the ruling of the City Manager, the administrative decision shall remain in full force and effect whether it will be for denial of an application, suspension, or revocation.

The City Manager shall provide notice to the appellant and a date for the hearing within twenty (20) days of receipt of the appeal. The hearing shall be set within twenty (20) days, unless the applicant or holder requests a continuance. At the hearing, both the applicant or holder and staff shall have the right to appear and to present evidence and arguments which are relevant to the grounds for the appeal, limited to the grounds for appeal stated in the filing of the appeal. The applicant or holder may appear in person or by submitting written material. A nonappearance and not submitting written material shall result in a withdrawal of the appeal.

Within ten (10) days of the hearing, the City Manager shall issue a written decision which states whether the decision of the administrative staff is to be upheld, modified, or reversed, and the length of any suspension. The decision shall be served on the holder or applicant by certified mail, and the decision of the City Manager shall be final.

(1158-CS, Added, 10/27/2011)

The following shall be among the criteria for denial, suspension, or revocation of a permit:

(a) The application is not complete.

(b) The application contains fraudulent or misleading statements or omissions of facts.

(c) The applicant is not qualified or able to safely operate a taxicab in accordance with the laws of the State of California and the requirements of this article.

(d) The applicant has been convicted of reckless driving, driving under the influence in the past ten (10) years, or has previously been convicted of vehicular manslaughter.

(e) The applicant has been convicted of a felony or of a misdemeanor involving moral turpitude, violence, larceny, or sex crimes.

(f) The applicant has been convicted of two (2) moving violations within twelve (12) months of the application/renewal.

If the application is denied, the applicant may appeal to the City Manager as set forth in TMC 3-1-1223.

(1158-CS, Added, 10/27/2011)

The Chief of Police may conduct periodic inspections of taxicab companies and taxicabs to ensure the permit holder and its permitted vehicles are in compliance with the provisions of this Code. Permit holders shall display records, allow inspection of vehicles, and comply with providing proof of compliance with this Code. The provisions of this article shall be enforced by the City Manager. Any violation of this article may result in any or all of the following:

(a) Fine;

(b) Infraction or misdemeanor charge in addition to all other available legal remedies;

(c) Administrative citation;

(d) Suspension of taxicab or driver's permit; or

(e) Revocation of the taxicab and/or driver's license.

(1158-CS, Added, 10/27/2011)

The Chief of Police is hereby authorized to promulgate administrative rules, regulations, and interpretations to implement this article. Said rules, regulations, and interpretations may include, but are not limited to, revisions to the terms or limits of the required insurances, the application process, requirements of operation, etc. Once promulgated, they shall have the force of law as an embodiment of this section.

(1158-CS, Added, 10/27/2011)