Yreka Municipal Code Ch. 5.08 Taxicabs

Footnotes:

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4. For statutory provisions authorizing local authorities to regulate the operation of vehicles for hire and to license the drivers of passenger vehicles for hire, see Veh. C.A. §21100. See also, Veh. C.A. §16501.

(a) "Taxicab" means a motor—propelled passenger-carrying vehicle of a distinctive color or colors and which is of such public appearance as is customary for taxicabs in common usage in this country and which is operated at rates per trip or upon a waiting time basis or both, and which motor-propelled vehicle is used for the transportation of passengers for hire over and along the public streets, not over a defined route, but as to route and destination, in accordance with, and under the direction of, the person hiring such vehicle.

(b) "City" as used herein means the city of Yreka.

(c) "Stand" means a place designated for the use, while awaiting employment, of the particular motor-propelled passenger-carrying vehicles authorized to utilize the same.

(d) "Driver" means every person in charge of, or operating, any passenger-carrying motor-propelled vehicle as herein defined, either as owner or employee or under the direction of owners or employees.

(e) "Owner" means every person who in any manner has the proprietory use, ownership or control of any passenger-carrying motor-propelled vehicle.

(Ord. 223 § 1, 1947).

(a) It is unlawful for any person to engage in the business of operating any taxicab 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 council a verified application which shall set forth:

(1) Name and address of person making application;

(2) The number of taxicabs owned and to be operated in the city by the applicant;

(3) The number of vehicles for which a certificate of public convenience and necessity is desired;

(4) The make, type, year of manufacture and passenger seating capacity of each taxicab for which application for certificate is made;

(5) A description of the proposed color scheme, insignia, or any other distinguishing characteristics of the taxicab;

(6) Such other documents or information as the city council may require to make the determinations as set forth in subsection (d).

(c) Upon filing the fully completed application for the certificate of public necessity and convenience, the city clerk shall fix the time for a public hearing thereon before the city council for the purpose of determining whether the public convenience and necessity require that proposed taxicab service.

(d) Notice of the time and place of the public hearing before the city council shall be published twice in a newspaper of general circulation in the city; the second publication to be not more than five days before the hearing; and the cost of publication to be at the expense of the applicant.

(e) In determining whether public convenience and necessity require the taxicab service for which the application is made, the city council shall investigate and consider:

(1) The demand of the public for additional taxicab service;

(2) The adequacy of the existing taxicab service;

(3) The financial responsibility and experience of the applicant;

(4) The number, make and type of equipment and the color scheme to be used;

(5) The benefit or detriment which additional taxicab service may have on traffic congestion or parking.

(f) If the city council shall, by resolution, declare that public convenience and necessity require the additional taxicab service, a certificate to that effect shall be issued to the persons entitled thereto, provided they have otherwise fully complied with all of the requirements of this chapter.

(g) If an owner sells or transfers title to a taxicab for which a certificate has been issued, or in the event a taxicab for which a certificate has been issued has been destroyed, he is entitled, as a matter of right, upon written application to the council made within fifteen days after such sale, transfer or destruction, to have a new certificate issued, but for no greater number than sold, transferred or destroyed, and provided such owner has complied with all of the provisions of this chapter.

(h) The city council may revoke or suspend the certificate granted pursuant to this section upon any of the following grounds:

(1) If the owner permits his employees to operate taxicabs other than in accordance with the provisions of this chapter;

(2) If the owner discontinues or suspends operation of taxicab service for a period of forty—five days without permission first had and obtained from the city council;

(3) If the taxicabs are operated at a rate of fare other than as permitted by Section 5.08.030;

(4) Permitting persons other than those authorized by Section 5.08.060 to operate any such taxicab;

(5) Failing to maintain in full force and effect liability insurance as required by Section 5.08.070.

(i) In the event the city council intends to revoke or suspend the certificate of any owner as provided in subsection (g) of this section, the city manager shall give notice of such proposed action to the holder of such certificate setting forth specifically the grounds upon which such action will be undertaken. Such notice shall set forth the time and place the city council will take such proposed action and, in any event, shall be served by certified mail upon the holder of the certificate at least ten days prior to the date set for consideration of the action to be taken by the city council. At the time set for hearing, the holder of the certificate may present such evidence as may be relevant in opposition to the proposed revocation or suspension and to the grounds for any such proposed revocation or suspension as set forth in the notice given to the holder of the certificate. In the event the city council finds that there is sufficient cause to revoke or suspend the certificate of any such owner, the city council shall make its findings thereon and the operation of all taxicabs covered by such certificate shall cease and be unlawful.

(Ord. 568 § 1, 1981: Ord. 223 § 2, 1947).

It is unlawful for the owner or driver of any taxicab operating within the city of Yreka to fix, charge or collect for service a rate other than as provided by this section. The holder of a certificate pursuant to Section 5.08.020 shall file with the city clerk a schedule of the maximum rates to be charged any person hiring a taxicab within the city of Yreka including any charges for luggage or waiting time. The schedule of such rates shall be conspicuously posted in any such taxicab within the passenger compartment. The holder of a certificate granted pursuant to Section 5.08.020 may amend the rate schedule at any time by filing such amendment with the city clerk; provided, however, such amendment shall not be effective until such time as the same is filed with the city clerk. Within ten days from the date of filing of such schedule of rates or amendment thereto, the holder of the certificate shall cause to be published in the Siskiyou Daily News or such other paper published and distributed in the city of Yreka a notice setting forth said rate schedule or the amendments in such rate schedule, said publication to be once a week for two weeks.

(Ord. 568 § 2, 1981: Ord. 558 § 2, 1979: Ord. 557, 1979: Ord. 283, 1953: Ord. 223 § 3, 1947).

All taxicabs operating pursuant to this chapter shall not be operated in an unsafe, defective or unsanitary condition.

(Ord. 568 § 1, 1981: Ord. 223 § 4, 1947).

(a) Any driver employed to transport passengers to a definite point shall take the most direct route that will take the passengers to their destination safely and expeditiously.

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

(c) It is unlawful for any person, except where credit is extended, to refuse to pay the lawful fare for the use of any taxicab, after hiring the same.

(d) It is unlawful for any driver, operating under a permit issued pursuant to the terms of this chapter, to refuse, when the vehicle is in service and not otherwise engaged, to transport any person who represents himself for carriage in an orderly manner and for lawful purpose.

(Ord. 568 § 4, 1981: Ord. 223 § 5, 1947).

(a) It is unlawful for the owner or operator to drive or operate a taxicab or cause the same to be driven or operated in the city without having first obtained and having in current force and effect a permit pursuant to this section.

(b) Applicants for any such permits shall submit the following information to the chief of police of the city of Yreka:

(1) Applicant's name, address and date of birth;

(2) Proof of possession of a valid driver's license issued by the state of California;

(3) Statement of all violations of which the applicant has been convicted, pled guilty, entered a plea of nolo contendere, or forfeited bail arising out of the operation of a motor vehicle for a period of three years prior to the date of application;

(4) A statement by the applicant of all felonies of which the applicant has been convicted, pled guilty to or entered a plea of nolo contendere within three years from the date of application;

(5) A set of fingerprints taken under the supervision of the Yreka police department.

(c) The chief of police of the city of Yreka shall direct the issuance of a permit to the applicant by the city clerk unless the chief of police finds that the applicant is:

(1) Not over the age of eighteen years;

(2) Does not hold a valid California driver's license;

(3) The applicant has been convicted of reckless driving or driving under the influence of alcoholic beverages or drugs within the previous three years;

(4) The applicant is guilty of or has been convicted of a felony.

(d) The application shall be accompanied by a fee of five dollars to cover the cost of issuance of the permit. Any such permit issued shall be conspicuously worn by the permittee or displayed in the passenger compartment of the taxicab. When issued, the driver's permit shall be valid for one year from the date of issuance unless the same has been revoked for any one of the causes set forth for the denial of the issuance of a permit. The procedure for suspension or revocation of a driver's permit shall be the same as suspension or revocation of a certificate pursuant to Section 5.08.020.

(Ord. 568 § 5, 1981: Ord. 223 § 6, 1947).

(a) It is unlawful for any owner or operator to drive or operate a taxicab or cause the same to be driven or operated in the city, and no license for the operation thereof shall be granted unless and until there is on file with the city clerk, and in full force and effect at all times while such taxicab is being operated, a policy of insurance approved by the city attorney, with a solvent and responsible company authorized to do business in the state of California, insuring the owner of such taxicab (giving the manufacturer's number and state license number) against loss by reason of injury or damage that may result to persons or property from the negligent operation or defective construction of such taxicab, or for any other cause. Said policy shall have limits of not less than three hundred thousand dollars for injury of any person or persons and fifty thousand dollars for injury or destruction of property, or combined limits of not less than three hundred thousand dollars for injury of any person or persons or for injury or destruction of property.

(b) The policy of insurance shall guarantee the payment to any and all persons suffering injury or damage to person or property, of any final judgment rendered against such owner or driver within the limits above mentioned, irrespective of the financial condition or any acts or omissions of such owner or driver, and shall inure to the benefit of such person or persons.

(c) Any such policy of insurance shall provide that the city shall be notified ten days in advance of any change in the terms of such policy or cancellation of such policy. If, at any time, such policy of insurance is cancelled by the company issuing the same, or the authority of the insurance company to do business in the state of California shall be revoked, the city clerk shall require the owner to replace such policy with another policy satisfactory to the city attorney and in default thereof the owner's certificate to operate shall be revoked.

(Ord. 568 § 6, 1981: Ord. 223 § 7, 1947)

(a) The chief of police shall designate, in writing, stands upon public streets to be occupied by taxicabs, after the permit has been issued as in this chapter provided.

(b) Before any designation of stands is made, the written consent must be obtained of the tenant of the ground floor fronting the space where such stand is to be located. In the event the ground floor is not occupied, the written consent of the owner must be first obtained.

(c) The stand permit shall specify the name and ad-dress of the permittee and the number of vehicles authorized thereunder, and it is unlawful for the owner or operator of any vehicle for hire, other than the permittee, to use the stand designated under such permit, and when such stand is occupied, no other vehicle shall loiter or wait nearby.

(d) Any stand designated by the chief of police, as herein provided, may be revoked by him and it shall be unlawful for any taxicab to occupy the stand after such revocation.

(e) It is unlawful for a taxicab, while awaiting employment, to stand on any street or place other than upon a designated stand, nor shall any operator of a taxicab, while awaiting employment, drive so as to interfere with vehicular traffic.

(Ord. 223 § 8, 1947).