Ventura Municipal Code Art. 4 Operator Permits – General Conditions

A. Operators are responsible for ensuring that all persons employed by them as drivers, all applicants who have been offered positions of employment as drivers, all persons to whom vehicles are leased to be used as taxicabs, and all persons otherwise entitled to drive a vehicle authorized to be operated within the city by an operator holding a valid operator’s permit, have provided the city with satisfactory proof of compliance with the drug and alcohol testing requirements contained in this chapter.

B. Drivers will test negative for controlled substances and for alcohol as a condition of granting a permit or permit renewal of their driver’s permit.

C. Testing procedures will be substantially as in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, or any successor regulation, except that the driver will show a valid California driver’s license at the time and place of testing, and except as otherwise provided in this section. Requirements for rehabilitation and for return-to-duty and follow-up testing and other requirements, except as provided otherwise in this section, will be substantially as in Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations, or any successor regulation.

D. A test in any jurisdiction will be accepted as meeting the requirements of this chapter. Any negative test result will be accepted for one year as meeting a requirement for periodic permit renewal testing or any other periodic testing in any jurisdiction, if the driver has not tested positive subsequent to a negative result. However, an alternative negative result will not be accepted as meeting the preemployment testing requirement for any subsequent employment, or any testing requirements under the program, other than periodic testing.

E. Upon the request of a driver applying for a permit, the police chief will provide the driver with a list of the consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations that the city knows offer tests in or near the jurisdiction.

F. All test results are confidential and will not be released without the consent of the driver, except as authorized or required by law.

G. No evidence derived from a positive test result pursuant to the program will be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances.

H. Self-employed independent drivers will be responsible for compliance with, and will pay all costs of, this program with regard to themselves. Operators will be responsible for compliance with, and will pay all costs of, this program with respect to their employees and potential employees, except that an operator may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and follow-up testing.

I. Test results will be reported directly to the operator, who will, within five days of receiving results, notify the police chief of same. In the case of self-employed independent drivers all test results will be submitted by the testing facility to the police chief, who will notify the taxicab operator company of record, of any positive results. (Ord. No. 2000-12, § 3, 5-9-00)

Operators will enter into a hold harmless agreement with the city which will, in part, indemnify the city, its officers, employees, and agents, from any liability arising from the operator’s operations in a form approved by the city attorney. Such agreement will be filed with the police chief before the permit is issued. (Ord. No. 2000-12, § 3, 5-9-00)

A. All operators must furnish the city with proof of insurance in accordance with the requirements set forth in California Vehicle Code Section 16500, or any successor statute or regulation, except that the limit of financial responsibility for personal injury to, or death of, any one person, will be at least $100,000, or at least $300,000 for the injury to, or the death of, two or more persons in any one accident, and for damages to property of at least $50,000 resulting from any one accident.

B. All insurance policies are subject to approval by the city manager, or designee, in consultation with the city attorney. At a minimum, however, such insurance policies will be issued either from an insurance company licensed to do business in the state having a Best’s Rating of not less than “B”; or an insurance company not licensed to do business in the state having a Best’s Rating of not less than “A.”

C. No insurance policy may be canceled except upon 30 days’ written notice to the police chief. The insurance will be a continuing liability up to the full amount thereof notwithstanding any recovery thereon, and the policy will so certify. If at any time in the judgment of the police chief the insurance policies do not comply with the provisions of this section, the police chief may require the operator or driver of the taxicab who filed the insurance policy to obtain a new policy within 10 days after demand which complies with this section. If the person fails to obtain a new policy within 10 days, the operator’s or driver’s permit will be automatically suspended until a new policy is obtained. (Ord. No. 2000-12, § 3, 5-9-00)

It is unlawful for any operator to operate or cause or permit to be operated any taxicab without having an insurance policy as described in this section in full force and effect at all times during the operation of the taxicab. The insurance policy required by this chapter will be filed with the city clerk. (Ord. No. 2000-12, § 3, 5-9-00)

A. Generally. It is unlawful for any operator to operate any taxicab in the city unless and until such taxicab is equipped with a taxi meter of a design which is approved by the police chief. It is the operator’s, and taxicab driver’s, duty to keep the meter operating at all times within a standard of accuracy prescribed by the police chief. No passenger will be carried in any taxicab unless the taxi meter is in operation. This provision will apply regardless of whether the taxicab is engaged for a trip entirely within the boundaries of the city or partially outside, and the meter will be kept operating continuously during the entire time that it is engaged in the transportation of passengers for compensation regardless of the point of destination, provided such destination is within 15 miles of any exterior boundary of the city.

B. Placement. The taxi meter will be placed in each taxicab so that the reading dial showing the amount to be charged will be well lit and readily discernible to a passenger riding in any such taxicab.

C. Inspection. Every taxi meter will be inspected and tested for accuracy by the operator in accordance with applicable state and local laws.

D. Misuse of Taxi Meter. It is unlawful for any taxicab driver, while carrying passengers, to use the taxi meter as to denote that such vehicle is not employed, or to fail to use the taxi meter to indicate said vehicle is unemployed at the termination of each and every service.

E. Calculation of Charges. All charges for taxicab service will be calculated and indicated by taxi meter and, at all times while the taxicab is engaged, the flag of the taxi meter will be moved into a position to register charges for mileage, or into a position to register charges for waiting time. No taxi meter will be used so its mechanism will register a combined charge for mileage and waiting time in any single position and no taxi meter will be so operated as to cause any charge to be registered thereon except during the time when the taxicab is engaged by a passenger or passengers. (Ord. No. 2000-12, § 3, 5-9-00)

It is unlawful for any person not to pay the authorized fare of any taxicab after having employed the same, and no person will hire any taxicab with the intent to defraud the person from whom it is hired or engaged, of the value of such service. (Ord. No. 2000-12, § 3, 5-9-00)