West Covina Municipal Code § 25-51 Appeal to the city council

No person shall operate or cause to be operated upon any street in the city any automobile for hire, unless there shall have been issued by the city an owner's permit to the owner, and a driver's permit to the driver thereof, and unless each such permit shall be in full force and effect.

(Code 1960, § 6321)

Any person may apply to the city for a permit to operate an automobile for hire upon the streets of the city, by filing with the city license collector, upon forms to be supplied by the city, an application setting forth the following information:

(a) The name, age, address and length of residence in the city of such applicant.

(b) Whether applicant was previously engaged in the business for which a permit is requested, and if so, the location and length of time thereof.

(c) If applicant is a corporation, a copy of the articles of incorporation shall be attached to the application; if a partnership, a copy of the partnership agreement.

(d) The number of automobiles for hire to be used in the business of the applicant, and the following information concerning each automobile: Trade name, year, model, motor number and mileage.

(e) Such other and further information as may be required by the chief of police.

(f) The applicant shall pay to the license collector a fee to be established by resolution.

(Code 1960, § 6322; Ord. No. 1431, § 11, 4-9-79; Ord. No. 1658, § 7, 12-20-84; Ord. No. 1828, § 1, 11-13-89)

Editor's note— Ord. No. 1678, §§ 3, 4, adopted May 28, 1985, repealed §§ 25-38 and 25-39 respectively. Former § 25-38 was concerned with hearing an application for owner's permit and derived from Code 1960, § 6323, and former § 25-39 was concerned with order for issuance of owner's permit and derived from Code 1960, § 6324; Ord. No. 1431, § 12, adopted April 9, 1979; and Ord. No. 1658, § 8, adopted December 20, 1984.

Before an owner's permit required by this division shall be issued by the city license collector, the applicant shall deliver to the city license collector a policy or certificate 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 the automobiles referred to in said application. The policy shall have attached a rider or bear an endorsement providing that the policy cannot be amended, modified, cancelled or allowed to expire in any way or for any reason without thirty (30) days prior written notice to the city by registered mail, return receipt requested. The amount of such insurance shall be set by resolution of the city council based upon the advice of the city's insurance risk manager.

(Code 1960, § 6326; Ord. No. 1431, § 13, 4-9-79; Ord. No. 1544, § 3, 4-26-82; Ord. No. 1658, § 9, 12-20-84; Ord. No. 1678, § 5, 5-28-85)

State Law reference— Financial responsibility requirements for owners of taxicabs, Veh. Code, 16500 et seq.

Any of the following reasons shall be sufficient for denial of an owner's permit pursuant to this article:

(a) That the application is not in the form, and does not contain the information required to be contained therein by this article.

(b) That the vehicles disclosed in the application are inadequate or unsafe for the purposes for which they are to be used and/or noncompliance of section 25-19 of this chapter.

(c) That the color scheme, name, monogram, or insignia to be used upon such automobiles shall be in conflict with or imitate any color scheme, name, monogram or insignia used by any person in such manner as to be misleading or tend to deceive or defraud the public.

(Code 1960, § 6325; Ord. No. 1658, § 10, 12-20-84; Ord. No. 1678, § 6, 5-28-85)

The granting of a permit for the operation of an automobile or automobiles for hire, and full compliance by the permittee with all of the provisions of this article, shall entitle the permittee to operate, so long as such permit is in full force and effect, such automobile for hire for the transportation of passengers over the streets of the city; provided that, at all such times each such automobile shall be driven by a driver to whom a driver's permit has been duly issued under the provisions of this division.

(Code 1960, § 6329)

In case the terms of any insurance policy required by the provisions of this article for the operation of any automobile for hire shall expire or shall be cancelled, the permit shall, by such expiration or cancellation, be immediately, automatically suspended until such insurance policy is reinstated and is again in full force and effect, or until replaced by other insurance; the amount of such insurance shall be that amount as set by resolution of the city council; provided, that, in any case where such insurance has been cancelled or has expired, and has not been reinstated nor replaced with other insurance within ten (10) days after the expiration or cancellation thereof, then the permit which has been issued for the operation of such automobile or automobiles for hire covered by such insurance shall be automatically cancelled, annulled and set aside.

(Code 1960, § 6330; Ord. No. 1658, § 11, 12-20-84)

The failure to use any duly licensed automobile for hire upon the streets of the city for a period of thirty (30) consecutive days shall cause such license to be automatically cancelled, annulled and set aside.

(Code 1960, § 6331; Ord. No. 1658, § 12, 12-20-84; Ord. No. 1678, § 7, 5-28-85)

Where an owner's permit is provided for in this article, the same shall apply to the calendar year of January first and shall expire on the following December thirty-first unless otherwise specified.

(Ord. No. 1658, § 13, 12-20-84)

Editor's note— Ord. No. 1658, § 13, adopted December 20, 1984, amended the Code with new provisions for § 25-45. Former § 25-45, concerning application for driver's permit, derived from Code 1960, § 6332; Ord. No. 1431, § 14, adopted April 9, 1979; and Ord. No. 1544, § 4, adopted April 26, 1982. Similar provisions are now set out in § 25-46.

Any person may apply to the city for a driver's permit to drive an automobile for hire upon the streets of the city, by filing with the chief of police, upon forms to be supplied by the city, an application for a driver's permit setting forth the name and address of the applicant, the name of the owner of the automobile for hire, the name under which the business is operated, the business address and telephone number and such other information as may be required or deemed necessary or desirable by the city to enable the chief of police to ascertain whether the applicant fulfills the requirements herein set forth.

(Ord. No. 1658, § 14, 12-20-84)

Editor's note— Ord. No. 1658, § 14, adopted December 20, 1984, amended the Code with new provisions for § 25-46. Former § 25-46, concerning qualification of applicant for driver's permit, derived from Code 1960, § 6333, and Ord. No. 1340, § 1, adopted May 23, 1977.

The police department shall, within a period of twenty (20) business days after the filing of an application for a driver's permit, make such investigation of the applicant as it deems necessary, and shall in connection therewith require any such person to set forth in said application and make satisfactory proof to the police department that the applicant complies fully within the following qualifications:

(a) The applicant shall be at least eighteen (18) years of age and shall be an employee or a lessee of the holder of an owner's permit to operate automobiles for hire upon the streets of the city.

(b) The applicant shall have been photographed and fingerprinted by the chief of police.

(c) The applicant shall possess a valid California driver's license.

(d) The applicant shall pay to the city cashier a fee to be established by resolution.

(e) The applicant shall not have been convicted in the courts of any state of the United States or in any United States court of any of the following offenses:

(1) Pandering, pimping or prostitution.

(2) Using, possessing, selling or transporting narcotics or controlled substances.

(3) Imparting knowledge for the obtaining of narcotics.

(4) Contributing to the delinquency of a minor.

(5) Assault, battery or other crime of violence.

(6) Any law or ordinance involving moral turpitude, dishonesty or fraud.

(f) The applicant shall state what, if any, offenses he or she has been convicted of under the California Vehicle Code.

(Ord. No. 1658, § 15, 12-20-84)

Editor's note— Ord. No. 1658, § 15, adopted December 20, 1984, amended the Code with new provisions for § 25-47. Former § 25-47, concerning denial or issuances of driver's permit, derived from Code 1960, § 6334, and Ord. No. 1544, § 5, adopted April 26, 1982. Similar provisions are now set out in § 25-48.

The chief of police may refuse to issue any driver's permit if it is determined through the aforementioned investigation that such applicant is not qualified to be the driver of an automobile for hire within the provisions of this article. Upon the satisfactory completion of the background investigation or at the conclusion of twenty (20) business days, whichever occurs first, the chief of police shall issue a driver's permit to such applicant. In the event a full background check has not been completed at the time of issuance, such permit shall be contingent on the satisfactory completion of the background investigation and shall be subject to revocation.

(Ord. No. 1658, § 16, 12-20-84)

Editor's note— Ord. No. 1658, § 16, adopted December 20, 1984, amended the Code with new provisions for § 25-48. Former § 25-48, concerning cancellation of driver's permit, derived from Code 1960, § 6335. Similar provisions are now set out in § 25-50.

Where a driver's permit is provided for in this article, the same shall apply to the calendar year of January first and shall expire on the following December thirty-first, unless otherwise specified.

(Ord. No. 1658, § 17, 12-20-84)

Editor's note— Ord. No. 1658, § 17, adopted December 20, 1984, amended the Code with new provisions for § 25-49. Former § 25-49, concerning suspension, recision, etc., of owner's driver's permit, derived from Code 1960, § 6336. Similar provisions are now set out in § 25-52.

The failure of any driver, to whom a driver's permit has been issued under this division, to operate an automobile for hire or to be available for a period of thirty (30) consecutive days shall cause such permit to be automatically cancelled, annulled and set aside.

(Ord. No. 1658, § 18, 12-20-84; Ord. No. 1678, § 8, 5-28-85)

Editor's note— Ord. No. 1658, § 18, adopted December 20, 1984, amended the Code with new provisions for § 25-50. Former § 25-50, concerning hearings, derived from Code 1960, § 6337.

Any applicant or permit holder aggrieved by any action of the license collector and/or chief of police to deny, or refuse to renew a permit may appeal to the city council by filing with the city clerk a statement addressed to the city council setting forth the facts and circumstances regarding the action of the license collector and/or chief of police. Such appeal shall be filed within ten (10) days after the disputed action of the license collector and/or chief of police, and the city council shall hear the appeal at its next regular meeting held at least five (5) days after the appeal is filed. The filing of such an appeal with the city council shall not stay the action of the license collector and/or chief of police. At the time of the appeal hearing, the city council shall hear all relevant evidence and shall determine the merits of the appeal, and it shall render a decision thereon within three (3) business days thereafter and shall state with specificity the reasons therefor. The action of the city council shall be final.

(Ord. No. 1658, § 19, 12-20-84; Ord. No. 1678, § 9, 5-28-85)

Editor's note— Ord. No. 1658, § 19, adopted December 20, 1984, amended the Code with new provisions for § 25-51. Former § 25-51, concerning no refund of fee, derived from Code 1960, § 6338. Similar provisions are now set out in § 25-53.

The chief of police may suspend the permit after giving written notice to the permit holder of not less than two (2) business days, in person or by registered special delivery, postage prepaid and addressed to the permit holder at the address specified in the permit application or any amendment thereto, of the suspension and proposed revocation, stating with specificity the reasons therefor, under the following conditions:

(a) Transmission of radio communication containing opprobrious, expletive, obscene, indecent, or profane words, language, or meaning.

(b) Transmission of radio communications containing whistling, sound effects, or any material for amusement, or solely to attract attention.

(c) Whenever it shall be brought to the attention of the chief of police that the holder of an owner's or driver's permit has violated any provisions of this article.

The permit holder may file with the chief of police, within ten (10) days of the date of the notice of suspension and proposed revocation, a written request for a hearing. Such request shall have the effect of staying the suspension until the chief of police has rendered his decision, except in instances where said suspension is necessary to protect the public safety. The chief of police shall hold a hearing within ten (10) days after the filing of such request. At the hearing, the chief of police shall hear all relevant evidence, consider the merits of the proposed revocation, including any actions which have been taken to cure the alleged violation, and shall render a decision thereon within two (2) business days after the hearing. Said decision shall be communicated in writing to the permit holder within one (1) business day thereafter and shall state with specificity the reasons therefor. In the event that the permit holder does not request a hearing within ten (10) business days after the date of the notice of suspension and proposed revocation, the permit shall be revoked and revocation shall not be appealable and the permit holder shall have waived all rights to administrative or judicial remedy.

(Ord. No. 1658, § 20, 12-20-84)

Editor's note— Ord. No. 1658, § 20, adopted December 20, 1984, amended the Code with new provisions for § 25-52. Former § 25-52, concerning permits nontransferable, derived from Code 1960, § 6339. Similar provisions are now set out in § 25-54.

In the event of the revocation, rescission or suspension of any permit issued under the authority of this division, no refund shall be made on any permit fee paid as required by the provisions hereof.

(Ord. No. 1658, § 21, 12-20-84)

No permit granted under the authority of this article shall be assigned or transferred, or in any manner authorize anyone other than the person to whom the same has been issued, to operate an automobile for hire, either as owner or driver thereof.

(Ord. No. 1658, § 22, 12-20-84)

Any driver to whom a driver's permit has been issued under this division to operate an automobile for hire, must maintain and possess his or her own driver's permit on his or her person at all times during the operation of such automobile for hire in the City of West Covina.

(Ord. No. 1658, § 23, 12-20-84)