Visalia Municipal Code Ch. 5.48 Taxicabs

Unless it is apparent from the context that another meaning is intended, the following words and/or phrases, when used herein, shall have the meaning respectively ascribed to them and shall be interpreted and construed accordingly. As used in this chapter, the following words or phrases shall mean:

"Business tax certificate" means a business tax certificate as is required by Chapter 5.04.

"Business permit" means a permit to operate a taxicab or vehicle for hire business within the city. Business permit is herein referred to as permit in this chapter.

"Compensation" means and includes any money, thing of value, payment, consideration, reward, tip, donation, gratuity, or profit paid to or accepted or received by the driver of any vehicle in exchange for transportation of any individual or individuals whether paid upon solicitation, demand or contract, voluntarily, or intended as a gratuity or donation.

"Driver" means every individual in charge of, or operating, any passenger-carrying vehicle or motor-propelled vehicle, as herein described, either as agent, employee, lessee, or otherwise, of owner, as owner, or under the direction of the owner, as defined in this section.

"Out of service" means a taxicab or vehicle for hire, when it is currently unavailable to render service and cannot return immediately to an in-service status as evidenced by a sign. The sign shall have a minimum of two inch bold lettering of "Out of Service" and be visible through the front windshield.

"Owner" means every individual or entity having use or control of any passenger-carrying vehicle or motor-propelled vehicle, as defined, whether as owner, lessee or otherwise.

"Permittee" means any corporation, partnership, association, individual or other organization owning, operating or proposing to operate any taxicab or vehicle for hire.

"Rates" means the monetary charge for transportation in vehicle for hire.

"Street" means any place commonly used for the purpose of public travel.

"Taxicab" means every vehicle used for the transportation of passengers for hire, compensation, profit, financial gain, benefit or consideration of any kind over the public streets of the city and whether or not over a defined route, and irrespective of whether the operations extend beyond the boundary limits of said city, and such vehicle is routed under the direction of such passenger or passengers, or of such individuals hiring the same and charge for transportation is measured by the distance traveled, or by a combination of distance traveled and time required for such transportation.

"Taxicab stand" means a public place alongside the curb of a public street or elsewhere, which has been designated by the city manager or designee of the city as reserved exclusively for the use of the city permitted taxicab businesses.

"Taximeter" means that device which the charge for hire of a passenger-carrying vehicle is mechanically or electronically calculated, either for distance traveled or time consumed, or both and upon said instrument appliance, device or machine, such charge is indicated by figures.

"Unattended" means a taxicab or vehicle for hire parked on a public street or taxicab stand without an individual with a driver permit, as defined in Section 5.48.100, within ten feet from the taxicab or vehicle for hire for more than ten minutes.

"Vehicle for hire" means every vehicle used for the transportation of passengers for hire, compensation, profit, financial gain, benefit, or consideration of any kind exclusively over the public streets of the city and whether or not over a defined route and irrespective of whether the operations extend beyond the boundary limits of said city, and such vehicle is routed under the direction of such passenger or passengers, or of such individuals hiring the same. The charge for transportation is determined by a flat hourly rate, distance traveled, or by a combination of distance traveled and time required for such transportation. The vehicles are not governed by the Public Utilities Commission, State Passenger Charter Party Carriers' Act. (Ord. 9517 § 1 (part), 1995: prior code § 6550)

This chapter shall not apply to public transit provided by government agencies and private parties under contract to government agencies or the transportation of the handicapped or chronically ill in specially equipped vehicles. Individuals operating a medical transportation service claiming such an exemption shall transport only individuals who are handicapped or chronically ill and their attendants. (Ord. 9517 § 1 (part), 1995: prior code § 6551)

A. No vested right or property interest of any type if acquired by a business or driver permit issued to any individual under this chapter.

B. All business and driver permits are revocable and subject to suspension in accordance with the provision of this chapter and are to be exercised only in conformance with the regulations provided in this chapter.

C. 1. A permittee shall not permit any right or privilege granted by his/her permit to be exercised by another, nor shall his/her permit or any interest therein or any right or privilege thereunder be in whole or in part sold, transferred, leased, assigned or disposed of, either by merger or consolidation, expressly or by operation of law or otherwise. A transfer in violation of this subsection shall be grounds for revocation or suspension of this permit.

2. Upon the death of any business permit holder, the permit many not be exercised by the executor or administrator of the deceased permittee's estate in accordance with this chapter for a period in excess of one year from the date of death of the permit holder.

D. Driver permits are annual permits which expire and become null and void on the next thirtieth day of June; provided, that whenever a driver permit has been applied for and issued within a period of sixty (60) days before June 30th, it shall be valid when issued for the next ensuing year. Application for renewal must be received by the chief of police before expiration of the permit. Renewals may be endorsed on the permit form.

E. The renewal fee for each business permit shall be the annual amount designated by the city manager. If any permit is not exercised, the fee shall not be refunded. The fee required is a permit fee and shall not be deemed to be in lieu of business tax as required by the provisions of Chapter 5.04. The business permit fee shall be paid annually, in advance, on or before the thirtieth day of June. (Ord. 9517 § 1 (part), 1995: prior code § 6552)

No individual shall operate any taxicab or vehicle for hire within the city without the owner first having obtained a business permit from the city. (Ord. 9517 § 1 (part), 1995: prior code § 6553)

Any individual desiring to obtain a business permit to operate a taxicab or vehicle for hire service shall pay a one-time, nonrefundable application fee established by the city manager and file a certified application with the chief of police. The application fee shall be in addition to the usual and customary fee charged for a business tax certificate. This fee shall not be deemed to be in lieu of business tax as required by Chapter 5.04. The application shall be on a standard city form and include:

A. The name, address and birth date of the applicant, and if the same be a corporation, the names, addresses and birth dates of its principal officers, or if the same be a partnership, association, or fictitious company, the names, addresses and birth dates of the partner or individuals comprising the association or company;

B. A statement as to whether the business permit is desired for a taxicab or vehicle for hire company;

C. A description of every motor vehicle which the applicant proposes to use giving: (1) year, (2) make, (3) motor, (4) serial number, (5) license number, and (6) seating capacity.

D. Any distinctive color scheme, name, monogram or insignia which shall be used on the vehicle;

E. Proof of public liability policy as stated in Section 5.48.210;

F. A complete and certified vehicle inspection form for all vehicles to be operated under regulations in Section 5.48.150;

G. Such other information as the city council or city manager may require. All changes in the required information shall be filed within five days from the date of the change. (Ord. 9517 § 1 (part), 1995: prior code § 6554)

A. Upon receipt by the police department the applicant(s) shall be investigated for character, reputation and criminal history. After such investigation and report, a business permit shall be issued provided that:

1. The applicant has submitted all information required under Section 5.48.050;

2. The applicant is found to be a fit and proper individual to conduct business;

3. That neither the name under which the applicant will conduct business or the taxicab's color scheme or other insignia will tend to confuse the identification of the taxicabs which applicant proposes to operate with those already permitted to conduct business; and

4. There are not other appropriate reasons for denial of the application.

B. Should the city deny the application, written notice shall be given to the applicant with the reason(s) for such denial. (Ord. 9517 § 1 (part), 1995: prior code § 6555)

No business permit shall be issued to any individual who has not fully complied with all of the requirements hereof necessary to be complied with before commencing operation of the proposed service. (Ord. 9517 § 1 (part), 1995: prior code § 6556)

After the service for which a business permit is granted hereunder is discontinued, or if the individual or entity sells their business or discontinues their business for a period of forty-five (45) consecutive days, without having first obtained permission for cessation of such operation from the chief of police, shall have their business permit canceled. Permits granted hereunder shall not be transferable. (Ord. 9517 § 1 (part), 1995: prior code § 6557)

Permits may be suspended or revoked by the chief of police at anytime in the event the chief of police finds:

A. The owner's past record to be unsatisfactory;

B. The owner fails to operate any taxicab or vehicle for hire in accordance with the provisions of this chapter;

C. The owner shall cease to operate any taxicab or vehicle for hire for a period of forty-five (45) consecutive days without having obtained permission for cessation of such operation from the chief of police;

D. A taxicab or vehicle for hire are operated at rate of fare greater than that posted with the city as set forth in Section 5.48. (Ord. 9517 § 1 (part), 1995: prior code § 6558)

It is unlawful for any individual to drive or operate or for any permittee to knowingly allow any individual to drive or operate any of the vehicles regulated by this chapter without first obtaining a permit in writing to do so from the chief of police. (Ord. 9517 § 1 (part), 1995: prior code § 6559)

A. Any individual desiring to secure a taxicab or vehicle for hire driver permit shall submit an application therefor to the chief of police. The application shall be in a form approved by the chief of police and shall include the following:

• 1. The applicant's name, home address, business address and telephone numbers;
• 2. The applicant's age and place of birth;
• 3. The date upon which the applicant wishes the permit to be issued;
• 4. Identification, including any previous driver permit issued to the applicant;
• 5. A current identification picture of the applicant;

6. A statement of the applicant's criminal convictions within the last five years, excluding parking violations;

7. Type, number and description of California Driver License(s) held by the applicant; and

8. Such other and further information as the chief of police may require.

B. Both the original and renewal driver permit application fee shall be determined by the chief of police. Neither fee is refundable. (Ord. 9517 § 1 (part), 1995: prior code § 6560)

A. The police department shall then investigate the character, reputation and driving record of the applicant. After such investigation and report, the police department shall either issue a regular driver permit or deny the application providing notice to the applicant of the reason(s) for denial.

B. No permit shall be issued to any of the following individuals:

1. Any individual under the age of eighteen (18) years;

2. Any individual who has been convicted of a felony or a crime involving moral turpitude or narcotics;

3. Any individual who has been convicted of driving a vehicle while under the influence of intoxicating substances or driving a vehicle recklessly within the five years immediately proceeding the application for a permit;

4. Any individual not possessing a valid Class 1, 2 or 3 California Driver License. (Ord. 9517 § 1 (part), 1995: prior code § 6561)

Any individual who has applied for a taxicab or vehicle for hire driver permit in accordance with the provisions of this chapter shall, upon request therefor, be issued a temporary driver permit for not to exceed sixty (60) days by the chief of police who shall not issue such a temporary permit if in possession of information which indicates that a driver permit should not be issued. Such temporary driver permit, while it is in effect, shall for all purposes have the same force and effect and be subject to the same conditions as any driver permit issued under the terms of this chapter, except the chief of police may summarily revoke or suspend any such temporary driver permit if the temporary licensee violates any of the terms or conditions of this chapter. There shall be no appeal from such revocation or suspension. (Ord. 9517 § 1 (part), 1995: prior code § 6562)

The chief of police may suspend, revoke, or refuse to renew a driver permit if the driver or applicant has, since the granting of the permit:

A. Been convicted of a felony or a crime involving moral turpitude, pandering, using, possessing, selling or transportation of narcotics, or imparting information for obtaining narcotics;

B. Been convicted of driving recklessly or while under the influence of substances;

C. Had their California Drivers License revoked or suspended;

D. Had two or more convictions of any of the offenses set forth in Sections 22348 or 22350 or the State Vehicle Code and amendments thereto, or any combination of either of any such offenses, occurring during any continuous period not exceeding twelve (12) months;

E. When, for any reason, including or other than the above, in the opinion of the chief of police, the applicant is unfit to drive a taxicab;

F. Violated any of the provisions of this chapter. (Ord. 9517 § 1 (part), 1995: prior code § 6563)

The following rules and regulations shall be observed by all individuals operating taxicabs or vehicles for hire governed under this chapter:

A. The driver permit shall be displayed in the vehicle in full view of the passenger;

B. Every taxicab shall have visible from the outside a schedule of all rates and charges, established pursuant to Section 5.48.220 of this Ordinance, in a minimum of one inch numeral and letter size on each side of the taxicab. One additional schedule of all rates and charges shall be posted in full view of the passenger while seated in the taxicab;

C. No charge shall be made by any driver or owner in excess of the posted rates established pursuant to Section 5.48.220;

D. No taxicab or vehicle for hire shall be operated unless kept in a clean, sanitary and mechanically safe condition;

E. The driver of any taxicab or vehicle for hire shall transport passengers in a safe and expeditious manner to their destination by the most direct and accessible route;

F. No individual shall operate a taxicab or vehicle for hire in violation for any law or ordinance;

G. No owner or operator of any taxicab or vehicle for hire shall indulge in unfair competition or commit fraud upon the public. The city manager, or designee, shall determine what constitutes unfair competition or fraud;

H. Drivers shall provide receipts to passengers so requesting;

I. The individual(s) engaging a taxicab or vehicle for hire shall have the exclusive right to the full and complete use of the taxicab or vehicle for hire and it is unlawful for the driver to solicit or carry additional individuals without the prior permission of the passenger;

J. Display of Flag--When Unlawful.

1. The driver of a taxicab shall not display the flag or device attached to such taximeter in a recording position when such taxicab is not actually employed. The driver of a taxicab shall throw the flag or other device of such taximeter to the non-recording position at the termination of each service.

2. The driver of a taxicab while carrying passengers or under employment, except on an hourly basis or contract basis, shall not display the flag or device affixed to such taximeter in such position as to denote that he/she is employed at a rate of fare different from that to which he/she is entitled;

K. All taxicabs shall operate under a two-way radio dispatch system;

L. The taxicab or vehicle for hire driver shall immediately return any property of value left in his vehicle to its owner or report such an incident to the police department within twenty-four (24) hours. (Ord. 9517 § 1 (part), 1995: prior code § 6564)

For the purposes of Section 5.48.150, the existence of the following named things, but not to the exclusion of other things, shall be deemed to make a taxicab unsafe or unsuitable for taxicab service:

A. Excessive leakage of oil, grease, gas or any other substance from any part of the taxicab;

B. The existence of any defects in the frame of the taxicab;

C. The failure of any movable parts of the car, including doors, windows, trunk, lights, etc. to function in the proper working order;

D. Failure to maintain the tires, lights, turning signals or brakes in good and safe working condition;

E. Failure to maintain the motor and other mechanical parts of the car in good and safe operating condition;

F. The existence of large or excessive dents in the body of the taxicab;

G. Failure to maintain the exterior approved paint color scheme;

H. The existence of excessive wear and tear on the upholstery, floor mats, and other parts of the interior of the taxicab;

I. Failure to have adequate interior lighting in proper working condition;

J. An inoperable two-way radio;

K. Failure to possess a basic first-aid kit;

L. Failure to possess a charged fire extinguisher. (Ord. 9517 § 1 (part), 1995: prior code § 6565)

A. Business permit holder shall be responsible for having each taxicab or vehicle for hire inspected for mechanical fitness every six months by a qualified mechanic certified by the State Department of Consumer Affairs. The city shall provide inspection forms which the mechanic shall complete and certify and the permit holder shall submit the completed forms to the city.

B. New business permit applicants must have the inspection prior to consideration of application for approval. (Ord. 9517 § 1 (part), 1995: prior code § 6566)

A. The chief of police or any member of the police department, under his/her direction, shall have the right at any time, when a taxicab or vehicle for hire is not transporting a customer and after displaying proper identification, to enter into that vehicle for the purpose of ascertaining whether or not any of the provisions set for in this chapter are being violated.

B. Such police inspection may occur when a customer is present and the chief of police or his/her designate has probable cause. (Ord. 9517 § 1 (part), 1995: prior code § 6567)

Any applicant denied, revoked, suspended or not renewed a business permit or driver permit, may appeal the decision to the city manager, or designee, by filing a written notice with the city clerk within ten days from the receipt of the notice of denial. The city manager or representative shall hold a hearing on the appeal within thirty (30) days from the receipt of the notice by the city clerk. The decision of the city manager, or designee, following the hearing shall be final and conclusive. (Ord. 9517 § 1 (part), 1995: prior code § 6568)

A taxicab or vehicle for hire permittee shall, and by acceptance of a business permit, keep and hold the city, it's agents and employees free and harmless from any and all claims, costs, liabilities, damages or expenses, including costs of suits and fees and expenses for legal services on account of any damages claimed by any third party, including such claims by agents or employees of the business permit holder, alleged to have been sustained in or about any taxicab stand established or maintained by or for taxicabs, or in or about any of the permittee's premises, or arising out of the permittee's operations, as a result of anything claimed to have been done or not done by the permittee, or by anyone claiming or acting under the permittee. (Ord. 9517 § 1 (part), 1995: prior code § 6569)

A. No taxicab or vehicle for hire shall be driven or operated in the city unless the owner or operator thereof obtains and maintains a motor vehicle liability insurance policy or policies from a responsible and solvent corporation, authorized to issue such policies under the laws of the State of California, insuring said owner or operator and covering such taxicab or vehicle for hire.

B. Such policy shall insure any individual driving, using or responsible for the use of any taxicab or vehicle for hire covered by said policy with the consent, express or implied, of the owner, against loss from liability imposed on any of them by law for injury to or death of any individual, or damage to property, arising from or growing out of the maintenance, operation or ownership of any taxicab or vehicle for hire covered by the policy to not less than the type and amounts or limits required for operation as prescribed by the chief of police.

C. The applicant or permittee shall file with the city said policy or policies or certificates thereof. The policy or policies shall provide that they shall not be canceled except after thirty (30) days written notice to the city.

D. Upon the chief of police receiving notice of cancellation, the chief of police by written notice shall inform the business permit holder that the permit will be automatically suspended on the expiration date of the policy, without further notice unless evidence of required insurance is filed with the chief of police on or before that date. (Ord. 9517 § 1 (part), 1995: prior code § 6570)

A. The city council by resolution, may establish maximum and minimum rates of fare charged to the public for use of taxicabs or vehicles for hire, or for any services incidental thereto.

B. Each business permit holder shall establish rates for the individual business. The schedule of rates for each business shall be filed with the city fifteen (15) days prior to becoming effective. Rates shall apply to any trip when the taxicab is registered with the city pursuant to this chapter, and either picks up or discharges a fare within the city.

• C. The rates in Section 5.48.220(B) shall be indicated in the following manner:

• 1. First one-half mile;
• 2. Each additional one-tenth mile;
• 3. Each per minute waiting charge;
• 4. All other specific incidental charges.

D. The fare schedule may not be applied if any trip exceeds twenty (20) miles and the taxicab driver and customer negotiate a flat fee. (Ord. 9517 § 1 (part), 1995: prior code § 6571)

A. Every taxicab shall be equipped with an accurate single tariff taximeter. It is unlawful to tamper with any taximeter or other measuring instrument for the purpose of gauging or indicating distance traveled, or waiting time, or for the purpose of fixing rates to be collected from the public or to operate a taxicab with a broken lead tag and/or lead wire or upon notification from the Tulare County Department of Weights and Measures or other appropriate agency that the meter is inaccurate.

B. The business permit holder shall insure that each vehicle's taximeter is inspected a minimum of once a year by the Tulare County Department of Weights and Measures and immediately upon a charge effecting the meter rate. The permittee's taximeter(s) shall be subject to inspection, at any time by the Tulare County Department of Weights and Measures. The taximeter shall be so placed in said taxicab that the reading dial showing the amount to be charged shall be well lighted and readily discernible by the passenger riding in such taxicab, unless such taximeter is equipped and operated as a receipt-printing taximeter. (Ord. 9517 § 1 (part), 1995: prior code § 6572)

A. It is unlawful for any carrier, or driver of any vehicle operated pursuant to the terms of this chapter, to stand, or permit to stand, any such vehicle at any place upon any portion of the city streets, other than at a certain place designated by the city manager. This provision shall not be applicable to any taxicab displaying an "Out of Service" sign defined in this chapter.

B. The city manager, or designee, may upon written request from a city permitted taxicab business; designate a taxicab stand as defined in this chapter. Such taxicab stand shall be subject to revocation by the city manager with five days prior written notice to all effected and permitted taxicab businesses.

C. It is unlawful for the driver of any taxicab to allow such taxicab to remain in any taxicab stand, as set out in this section, unattended.

D. No carrier or driver of any taxicab shall solicit passengers at a distance greater than ten feet from his/her taxicab.

E. It is unlawful to park an out of service taxicab in a designated taxi stand. (Ord. 9517 § 1 (part), 1995: prior code § 6573)

Violations under Sections 5.48.090, 5.48.140 or 5.48.210 may additionally cause a suspension or revocation of permit(s). (Prior code § 6918)