Chapter 5.60 — TAXICABS

A.

"Council" or "city council" means the city council of the city of Whittier.

B.

"Driver" includes every person in charge of driving or operating any taxicab, either as agent, employee or otherwise.

C.

"Stand" means a place designated by the council for the use, while awaiting employment, of any taxicab.

D.

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

E.

"Taxicab" means every automobile or motor-propelled vehicle of a distinctive name or color, of public appearance, such as in common usage in this country for taxicabs, used for the transportation of passengers for hire over the streets of the city, and not over a defined route, irrespective of whether the operations extend beyond the boundary limits of the city, at rates for distance traveled, or for waiting time, or for both, and such vehicle is routed under direction of the passenger or person hiring it.

F.

"Taximeter" means a mechanical instrument or device by which the charge for hire of a taxicab is mechanically calculated either for distance traveled or for waiting time, or both, which charges shall be indicated by means of figures.

(Prior code § 6240)

No person shall operate or be in charge of or drive any taxicabs without first having obtained a permit and license in writing so to do as provided in this chapter, and the permit and license are in full force and effect.

(Prior code § 6240.1)

Applicants for such permits and license shall file with the council an application upon blanks provided by the council containing such information as may be provided by the rules and regulations of the council pertinent to the operation of and the character and quality of the service of the taxicab.

(Prior code § 6240.2)

The council shall investigate the applicant as it deems advisable.

(Prior code § 6240.4)

No permit for the operation of any taxicab shall be granted until the council, after a public hearing, determines that public convenience and necessity require the operation of the vehicle. The public convenience and necessity for the granting of the same number of permits held by the applicant under the same name and color scheme on the date preceded by this chapter for the expiration of permits and the permit shall be classified as a renewal and shall be granted a permit under the filing of an application unless the applicant violated any provision of this chapter. If the council decrees that public convenience and necessity require the operation of additional vehicles it shall not issue permits until each person holding a permit for the operation of a taxicab has been notified by the council of its findings as to such additional taxicabs as are found to be necessary to fill the expanding need.

(Prior code § 6240.5)

The council, in determining whether or not public convenience and necessity exists may make written findings of fact as it may deem pertinent and which findings must include a specific finding that the following conditions exist:

A.

That applicant is fully responsible,

B.

That the person holding a permit for the operation of a taxicab is under efficient management, earning a fair and reasonable return on his/her capital devoted thereto;

C.

That the person holding a permit for the operation of a taxicab is, under normal conditions, adequately serving the public.

(Prior code § 6240.6)

(Ord. No. 3112, § 2, 2-25-20)

A.

Before any permit is issued, the owner of any taxicab shall be required to file with the council and thereafter keep in full force and effect a policy of insurance in such form as the council may deem proper, executed by an insurance company approved by the council, insuring the council against any loss and damage that may result to any person or passengers from the operation of the taxicab. The amount of coverage required shall be set by administrative procedure as stated in the City of Whittier Standard Operating Procedures.

B.

In the event of the return unsatisfied of any execution issued on any final judgment or on any judgment from which an appeal may be taken without bond rendered against any such person in any suit for damages on account of injury to person or property caused by the taxicab, the person shall within ten days after return of the execution unsatisfied, increase the amount of his/her insurance to the amount of the judgment and failing to do so shall forthwith cease the operation of any taxicab until the insurance is filed or judgment paid.

C.

All insurance policies shall contain a provision for a continuing liability thereunder to the full amount of the penalty thereof, notwithstanding any recovery thereon.

D.

No person shall operate any taxicab without having a policy of insurance as required in this section in full force and effect at all times during the operation of the taxicab.

(Ord. 2437 § 1, 1988: prior code § 6240.7)

(Ord. No. 3112, § 2, 2-25-20)

Each permit issued under this chapter shall entitle the holding owner to engage in the taxicab business upon the payment of the license fee provided in this chapter and the city treasurer shall issue to the holder a license setting forth the name of the business for which the license is issued, the period for which issued, and the date issued.

(Prior code § 6240.10)

(Ord. No. 3112, § 5, 2-25-20)

A.

Every person operating any taxicab business within the city shall pay the following license fees:

For the operation and maintenance of the business, the sum of one hundred dollars per year payable annually in advance, which includes one taxicab.

The further sum for each taxicab stand located in the following areas are established as follows;

a.

For each taxicab stand authorized under this chapter and located within the central traffic zone of the city where parking meters are installed, maintained and operated by the city, the sum of seventy-five dollars, payable annually;

b.

For each taxicab stand on a street where there are no parking meters owned, maintained and operated by the city, the suits of fifty dollars payable annually;

c.

For each taxicab stand or taxicab operated from private property and not from a public street or alley of the city, the sum of twenty-five dollars, payable annually.

B.

All such license fees shall accompany the application for permit and in the event the license is not granted, the fees shall be refunded after first deducting all costs expended by the council in acting upon the application. All licenses presented to the applicant shall be nontransferable.

(Prior code § 6240.30)

A.

Every driver of a taxicab must make written application to the chief of police setting forth his/her name, age, residence, last previous address and the length of his/her residence at each; whether he/she is married or single; the name of the owner for whom he/she intends to drive; whether he/she has ever been convicted of a felony, and such other information as may be required by the chief of police.

B.

The chief of police shall cause an investigation of the application to be made and cause the applicant to be examined as to his/her knowledge of the laws and ordinances regulating the operation of motor vehicles and his/her ability to operate a taxicab service on the streets of the city.

C.

No driver's permit shall be granted to any person who is not of good moral character, or who does not own a driver's license issued by the Motor Vehicle Department of the state.

D.

In addition to the requirements provided in this section for obtaining a driver's permit, every driver shall give and it shall be the duty of the police department to take the fingerprints of the driver together with his/her picture and such other information as will comprise a description of the driver.

(Ord. 2869 § 22, 2006; prior code §§ 6240.27, 6240.29)

(Ord. No. 3112, § 2, 2-25-20)

Every driver's permit granted by the chief of police must be filed with the city treasurer, who shall charge or collect the sum of one dollar. The permit shall at all times be carried on the person of the driver during the times he/she is driving the taxicab.

(Prior code § 6240.28)

(Ord. No. 3112, § 2, 2-25-20)

A.

A permit may be issued to the owner of a taxicab by the council allowing the taxicab while awaiting employment to stand at certain designated places upon the streets.

B.

No such permit shall be granted except upon the regular application of the person desiring the stand.

C.

The application must contain the written consent of the occupant of the first floor of that portion of the building or property in front of which it is desired that the vehicle shall stand or if it contains more than twenty-five residents or is used for hotel purposes, the written consent of the person operating the hotel.

D.

If there is no building on the premises in front of which it is desired that the vehicle may stand, or if there is a building and the first floor is not occupied, then the permit may be granted upon the written consent of the owner of the building or premises.

E.

In addition to the number of taxicabs that may be permitted to stand upon a street within the limits of any one block as provided in this section, the council may grant permission to a taxicab operator to stand upon the street at the station of any interurban or bus transportation system as may be necessary to meet the needs of the traveling public; provided, that the consent of the owner of the interurban or bus transportation system is first obtained by the operator for additional taxicabs.

F.

No more than two taxicabs shall have permits to stand on any street within the limits of one block having a frontage of five hundred feet or more, nor shall more than two such taxicabs be permitted to stand on any one street within the block having a frontage of less than five hundred feet.

G.

No permit shall be issued for any stand to be located within fifty feet of another stand on the same side of any street.

(Prior code § 6240.11)

Permits and licenses provided for in this chapter may be granted, denied, revoked, suspended or canceled as to any person or applicant whenever in the exercise of responsible and sound discretion the granting authority determines that the provisions of this chapter have or have not been complied with, or that the permittee, licensee, or applicant is or is not a fit or proper person to be in charge of or operate any taxicab.

(Prior code § 6240.23)

From the time of the revocation or during the suspension of any permittee or licensee no person whose permit or license is suspended or revoked shall drive, operate or be in charge of any taxicab or permit the taxicab on which permit has been suspended or revoked to engage in the taxicab business or allow any such vehicle to stand while awaiting employment at a location designated in the suspended or revoked permit until a new permit has been procured or until the period of suspension has expired.

(Prior code § 6240.24)

A.

The chief of police shall be the motor vehicle inspector of the council and may issue permits required in this chapter and he/she may suspend any of the permits mentioned in this chapter when the permittee or licensee has not complied with the provisions of this chapter or has been arrested or convicted for the commission of a felony, reckless driving, pandering or the use, sale, possession, information or transportation of narcotics or illicit intoxicating liquors, or for assault and battery, or has charged rates greater than those which the permittee has on file with the council or has violated any of the rules and regulations of the council pertaining to the operation of and the extent, character and quality of the services of taxicabs.

B.

The action of the chief of police in issuing or suspending any of the permits shall be subject to the ratification and approval by the council without further action at any meeting held subsequent to such action of the chief of police but not later than fifteen days thereafter.

(Prior code § 6240.25)

(Ord. No. 3112, § 2, 2-25-20)

All permits and licenses issued under the provisions of this chapter shall be for a period not to exceed one year and all such permits and licenses shall expire upon the last day of the current year. All permits issued for all street stands upon the written consent of a person operating a hotel must be renewed yearly. Other street stand permits shall remain in full force and effect until they are canceled either on the request of the permittee or the person who gave the written consent to use the stand by notifying the council that the permission has been withdrawn. If the council has canceled a permit for a stand after having been notified that the consent to use it has been withdrawn, it shall not grant a permit for a stand so canceled for a period of six months from the date of cancellation.

(Prior code § 6240.26)

A.

All taxicabs for which a permit has been issued shall be operated by the owner or employee of the owner.

B.

No owner or driver of a taxicab shall enter into any contract, agreement or understanding, between themselves by the terms of which the driver pays to or for the account of the owner a fixed or determinable sum for the use of the vehicle.

(Prior code § 6240.8)

A.

No taxicab permit shall be issued to any person until a standard and uniform sign or insignia has been adopted by the applicant and approved by the council, which designates the owner of the vehicle.

B.

No permit shall be issued to any person whose name, monogram, or insignia conflicts with or imitates any name, monogram or insignia used by another in such a manner as to be misleading or tend to deceive or defraud the public.

(Prior code § 6240.9)

A.

Every taxicab used for carrying passengers for hire shall display in the rear of the driver's seat and in full view of passengers a card not less than two and one-half by five inches, not more than three by six inches which shall have lettered thereon the owner's name under which he/she is operating and the business address and telephone number of the owner together with the rates to be charged and the name of the driver of the taxicab.

B.

Every taxicab shall have painted upon the door of the taxicab the name under which the owner operates together with the telephone number and the taxicab number. The name of the cab, and the telephone number shall be painted upon the sides of the taxicab. All of the letters mentioned in this subsection shall be not less than two and one-half inches in height and not less than a five-sixteenths-inch stroke.

C.

Every taxicab may show an electrically lighted vacant sign attached to the top of the taxicab. Every such sign shall be not more than two and one-half inches high by nine inches in length.

D.

No person shall display any sign other than those provided in this section without first obtaining a written permit of the council to do so.

(Prior code §§ 6240.14, 6240.15)

(Ord. No. 3112, § 2, 2-25-20)

A.

No taxicab shall be operated from any place except a stand designated by the council.

B.

No owner or driver of any taxicab shall stand while awaiting employment at any place not a stand designated by the council and assigned to the owner of the taxicab.

C.

No owner or driver of any taxicab shall leave the taxicab unattended at a stand for a period of time longer than three minutes.

D.

Stands may be operated for a period of twenty-four hours a day except where standing, stopping and parking vehicles is otherwise prohibited by law.

(Prior code §§ 6240.12, 6240.13)

A.

No owner operating any taxicab shall operate the vehicle unless it is equipped with a taximeter of such type and design as may be approved by the council. Every owner using the taximeter shall at all times keep the taximeter accurate. The meter shall be subject to inspection from time to time.

B.

The chief of police or any police officer is authorized at his/her instance and upon the complaint of any person to investigate the taximeter and upon the discovery of any inaccuracy of the taximeter to remove any such taxicab equipped with the taximeter from the streets until the taximeter is correctly adjusted.

C.

All taxicabs must base their charges upon a taximeter and all taximeters shall be placed so that the reading dial showing the amount to be charged is well lighted and readily discernible by the passenger riding in the taxicab.

D.

No driver of a taxicab while carrying passengers shall display the flag attached to the taximeter in such a position as to denote that the taxicab is not employed, or throw the flag of the taximeter in a recording position when the vehicle is not actually employed or fail to throw the flag of the taximeter in a nonrecording position at the termination of each and every service.

E.

No operator of any taxicab upon receiving payment of fare indicated by the taximeter shall refuse to give a receipt upon the request of any passenger giving the payment.

(Prior code § 6240.16)

(Ord. No. 3112, § 2, 2-25-20)

A.

The minimum and maximum rates of fare to be charged the public by taxicabs operated over any street may be set from time to time by the council by resolution.

B.

No rate shall be placed in effect, charged, demanded or collected for taxicab services other than such rates so provided by resolution of the council pursuant to this chapter.

C.

No rate shall be placed in effect, charged, demanded or collected for taxicab services until the council after hearing upon its own motion or upon application or upon complaint has found and determined the rate to be just, reasonable, nondiscriminatory, nor in any wise in violation of any provision contained in this chapter or any provision of law nor until the rate to be placed in effect, charged, demanded or collected has been approved and established by the council.

D.

The council shall have power upon a hearing upon its own motion or upon complaint to investigate a single rate of fare or the entire schedule or rates in effect, charged, demanded, collected for taxicab services and to establish a new rate or schedule of rates in lieu thereof.

E.

The provisions of this section shall not apply to those taxicabs, the rates or fares for which are based upon a flat rate.

F.

Nothing contained in this section shall be construed to empower the council to approve or establish any rate or any schedule of rates for taxicab services that will by means of rebate, discount, script books, excursions, or commutation tickets or in anywise violate the minimum or maximum rate or provisions contained in this section or any provision of law.

(Prior code § 6240.21)

No person shall charge, collect, demand, receive or arrange for any compensation for the services of any taxicab for hire in the city in amount, rate or compensation greater than the charges or the rates regulated by the council.

(Prior code § 6240.20)

The passenger compartment shall be the rear section of the taxicab and the front seat shall be the driver's compartment.

(Prior code § 6240.18)

When a taxicab is engaged, the original occupant shall have the exclusive right to the full and free use of the passenger compartment and no owner or driver shall solicit additional passengers for hire without the consent of the original fare.

(Prior code § 6240.17)

Any driver employed to carry passengers to a designated point shall take the most direct route possible that will carry the passenger safely and expeditiously to his/her destination.

(Prior code § 6240.19)

(Ord. No. 3112, § 2, 2-25-20)

The council shall have authority by written resolution to adopt such rules and regulations as may be necessary for the service and safety of the operation of taxicabs.

(Prior code § 6240.22)