Victorville Municipal Code Art. 7 Specially Regulated Business—Vehicles for Hire, Service and Sales

This Article shall be known as "vehicles for hire."

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

The requirements of this Article shall not apply to any public transportation vehicle.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

The full and sole purpose of this Article is regulation for the public good and under no circumstances whatsoever shall any certificate of public convenience and necessity or license provided for herein constitute or be deemed to be a property right or right of livelihood vested in the holder of any such certificate or license.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

(a) It is unlawful for any person to engage in the business of operating or. causing to be operated any vehicle for hire in the City without first having obtained from the City council a certificate of public convenience and necessity.

(b) All persons applying for such certificate shall file with the City Council a certified application containing the following information:

(1) Name and address of person(s) making application;

(2) Name of business and type of business;

(3) Number of vehicles proposed to be operated under the certificate;

(4) The make, type, year of manufacture and passenger capacity for each vehicle proposed to be operated for which a certificate will be requested;

(5) The description of the proposed color scheme, insignia or other distinguishable characteristics of the vehicle(s) to be used, including the type of illuminated sign to be mounted on the top of the vehicle and legend thereon;

(6) Any further facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate;

(7) Proposed rates to be charged.

(Ord. No. 2305, § 1, 12-17-13)

Within ten days, but not more than thirty days, after receipt of an application for a certificate of public convenience and necessity, the City Clerk shall set a time and date for the hearing of the application before the City Council. At least ten days prior to the hearing, the City Clerk shall give notice to the applicant, by mail, of the time and date of such hearing. Notice shall be published, at least once, in a newspaper of general circulation in the City, at least ten days prior to the hearing.

(Ord. No. 2305, § 1, 12-17-13)

No certificate of public convenience and necessity shall be granted until the City Council shall, following a public hearing, declare by resolution that the public convenience and necessity justify the proposed service and that the following conditions exist:

(a) That the applicant is financially responsible, and that the applicant is of good moral character, or that the officers of said applicant are of good moral character;

(b) That the applicant has complied with the provisions of all city, state and federal laws and regulations applicable to the proposed application and that applicant will comply with all requirements of this Chapter, as well as all of the conditions of approval as et forth in the resolution granting the certificate of public convenience and necessity.

If the City Council concludes from its hearing that the public convenience and necessity justify the proposed service, the City Clerk shall notify the applicant of those findings.

If the City Council concludes from its hearing that the public convenience and necessity do not justify the proposed service, the City Clerk shall forthwith notify the applicant of the finding and thereafter such applicant shall not be permitted to reapply for a certificate of public convenience and necessity for one year after the finding.

(Ord. No. 2305, § 1, 12-17-13)

No person shall be entitled to receive a business license to operate a vehicle for hire without first having received a certificate of public convenience and necessity as set forth in this Chapter.

(Ord. No. 2305, § 1, 12-17-13)

It is unlawful for any person to operate or drive a vehicle for hire in the City without having first obtained approval to do so from the Business License Division or the Police Department. The Business License Division or the Police Department may refuse to approve a driver for any of the following reasons:

(a) If the applicant is under twenty-one years of age;

(b) If the applicant has not resided in the county for thirty days prior to filing the application;

(c) If the applicant does not possess a valid Class 3 license and medical examiner's certificate issued by the State Department of Motor Vehicles;

(d) If the applicant is convicted or has been convicted of reckless driving or a crime involving moral turpitude, or of driving under the influence of intoxicating liquors or narcotics;

(e) If the applicant violated any of the provisions of this Chapter;

(f) If the applicant has been convicted of three or more moving violations constituting unsafe driving within a period of twelve months immediately preceding such action of the Business License Division or the Police Department; or

(g) If the applicant does not test negative for each of the controlled substances specified in Title 49 of the Code of Federal Regulations, before employment or upon license renewal, or at such other times as the City shall designate. All costs for testing shall be borne by the applicant or the employer.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

The police department may, after an investigation, issue a temporary driver's permit, which shall be effective for no more than thirty days. The police department may issue no more than two consecutive temporary driver's permits or more than two non-consecutive temporary driver's permits in any two-year period. Any person operating a vehicle for hire business in compliance with a temporary driver's permit shall be deemed to have complied with Section 16-7.07.070 of this Chapter.

(Ord. No. 2305, § 1, 12-17-13)

The police department may revoke a temporary driver's permit at any time and for any lawful reason. Any person aggrieved by the police department's revocation of a temporary driver's permit may appeal to the City Manager or his/her designee, by submitting a request, in writing, to the City Manager's office within ten days of the decision of the police department. The City Manager or his/her designee may overturn the decision of the police department if that decision was arbitrary or an abuse of discretion.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2388, § 3, 3-19-19)

Any driver of a vehicle for hire shall take the most direct route that will take passengers to their destination safely and expeditiously, unless otherwise directed by such passengers.

If requested, every driver shall give a receipt upon payment of the correct fare.

It is unlawful for any person, except where credit is extended, to refuse to pay the lawful fare affixed therein for the use of any vehicle covered by this Chapter, and the driver may demand the fare in advance.

It shall be grounds for the revocation of a driver's approval pursuant to this Chapter for any driver to charge a passenger a fare greater than that to which he is entitled under the provisions of this Chapter. It is unlawful for the owner or driver of any vehicle operated under this Chapter to conduct business from any place other than the established place of business set forth on the business license.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

Each owner and driver operating in the City shall have a rate schedule based on a mileage and/or time basis which shall be filed with the City Council and the rates set forth in said schedule shall not become effective unless and until said rates are approved by the City Council. Each owner and driver operating in the City shall charge according to the schedule of rates filed within and approved by the City Council. All rates being charged shall be posted with the City Clerk, the police department and on each vehicle in such a manner as approved by the City Manager, or his/her designee, before the rates become effective.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2388, § 3, 3-19-19)

The color scheme, name, trade name, monogram or insignia of all vehicles licensed by this Chapter shall first be approved by the City Manager or his/her designee, and no owner shall use any color scheme, name, trade name, monogram or insignia which was previously approved and is in use by any other owner.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2388, § 3, 3-19-19)

Each vehicle for hire operated within the City must pass an annual safety inspection, to be conducted by an ASE certified Master Mechanic, which is paid for by the applicant or owner of the business.

Any vehicle that fails an annual safety inspection shall not be operated as a vehicle for hire within the City, until such time that the Business License Division or the Police Department determines that the condition causing such failure has been corrected and the vehicle otherwise meets all the requirements to pass the annual safety inspection.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)

No certificate of public convenience and necessity shall be issued or continued in operation unless there is in full force and effect and covering each vehicle classified hereunder a policy of insurance in such form as the City Council shall deem proper, executed by an insurance company approved by said council and authorized to do business in the State of California, which policy shall insure the public against any loss or damage that may result from the operation of said vehicles and also naming the City as an additional insured of such vehicles; and provided further that said policy of insurance shall provide for maximum recovery of not less than one million five hundred thousand dollars combined single limit bodily injury and property damage, or such other statutory limit as provided for by the Public Utilities Commission.

(Ord. No. 2305, § 1, 12-17-13)

A certificate of public convenience and necessity issued under the provisions of this Chapter may be modified, suspended or revoked by the City Council if the holder thereof has:

(a) Violated any of the provisions of this Chapter;

(b) Violated any ordinance of the City, or of the state or of the United States, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation;

(c) Failed to comply with any of the conditions of approval as set forth in the resolution granting the certificate of public convenience and necessity;

(d) Failed to maintain a current business license for the operation.

Before modification, suspension or revocation, the holder of the certificate of public convenience and necessity shall be given reasonable notice of the proposed action to be taken and shall have an opportunity to be heard by the City Council.

(Ord. No. 2305, § 1, 12-17-13)

If an owner to whom a certificate of public convenience and necessity has been issued pursuant to this Chapter desires to sell or transfer the business, the intended buyer must make application to the City for a certificate of public convenience and necessity as required by this Chapter.

If the buyer applicant meets the requirements as set forth in this Chapter for the issuance of a certificate of public convenience and necessity, the City shall issue a new certificate to the buyer and concurrently therewith shall cancel the seller's certificate.

Upon change in ownership, the prior business license issued to the seller shall be closed and the buyer shall submit an application for a new City business license.

(Ord. No. 2305, § 1, 12-17-13)

In addition to the provisions of this Chapter providing for modification, suspension, or revocation of a , license, as the case may be, any person violating any of the provisions of this Chapter is guilty of a misdemeanor and is punishable as provided in Section 1.04. and 1.05 of this code. Any license holder found to be in violation of any of the provisions setting forth the conditions of the approval contained in the resolution granting the certificate of public convenience and necessity shall be subject to any other penalties and fines not otherwise provided for in this Chapter.

(Ord. No. 2305, § 1, 12-17-13; Ord. No. 2459, § 6, 11-18-25)