20.40.010 Purpose.

The purpose of this chapter is to ensure the safe and orderly conduct of paratransit vehicle service within the City. (See Vehicle Code § 16500 et seq.) (Ord. 1835; Ord. 1739; Ord. 1714; Ord. 1686; Ord. 1511)

20.40.020 Issuing authority.

A. The issuing authority for an operations permit: paratransit shall be the Director of Police Services.

B. In furtherance of an issued operations permit: paratransit, the issuing authority is authorized to issue:

1. Paratransit tags required for a paratransit vehicle to operate within the City; and

2. Driver’s cards required for persons driving paratransit vehicles within the City.

20.40.030 Definitions.

The following words and phrases, wherever used in this chapter, shall be construed as defined in this section, unless from the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:

“Cardholder” shall mean the person to whom a driver’s card has been issued in accordance with this chapter.

“Charter vehicle” shall mean every vehicle which:

1. Transports passengers or parcels or both over the public streets of the City;

2. Is routed at the direction of the hiring passenger;

3. Is made available for hire through telephone or other electronically transmitted request or prearranged in writing for hire;

4. Is not made available through “cruising”; and

5. Is hired by and at the service of a person for the benefit of himself or herself or a specified group.

“Compensation” shall mean anything of value, to include, without limitation, money, payment, consideration, reward, tip, donation, gratuity, or profit, paid to, accepted or received in exchange for transportation of a person, or persons whether paid upon solicitation, demand, or contract, or voluntarily or intended as gratuity or donation.

“Cruising” shall mean the movement over the public streets of a taxicab or low-speed vehicle (LSV) in search of prospective passengers; except the term does not include either the travel of a taxicab or LSV proceeding to answer a call for service received by telephone or radio from an intended passenger or the travel of such a vehicle, having discharged a passenger or passengers, returning to the owner’s place of business or to its established point of departure.

“Driver” shall mean a person driving a paratransit vehicle.

“Driver’s card” is the operations permit: paratransit, issued by the Police Department pursuant to this chapter, that allows a person to drive a paratransit vehicle within the City. The card shall bear the following information:

1. The number of the license of the driver;

2. The name and business address of the driver;

3. The name of the owner of the vehicle; and

4. A small photograph of the driver.

“Low-speed vehicle (LSV)” shall mean an electric, motorized vehicle having four wheels on the ground and an unladen weight of 1,800 pounds or less that is capable of propelling itself at a minimum speed of 20 miles per hour and a maximum speed of 25 miles per hour, on a paved level surface.

“Operator of a paratransit business” is the person or persons who own or otherwise direct the operation of one or more paratransit vehicles.

“Paratransit business” is the commercial use or operation of one or more paratransit vehicles.

“Paratransit tag” shall mean an identification tag issued by the City to be affixed to a specific paratransit vehicle permitted to operate within the City.

“Paratransit vehicle” shall mean every motor-propelled, passenger-carrying vehicle, which is operated for any compensation sought from passengers picked up or solicited for pick-up from any location within the City, irrespective of whether such operation extends beyond the City limits. Paratransit vehicles include, without limitation, taxicabs, low-speed vehicles (LSVs) and other vehicles for hire. “Paratransit vehicle” does not include any vehicle:

1. Properly licensed under the jurisdiction of the Public Utilities Commission of the State of California;

2. Owned, operated, or contracted for by the Metropolitan Transit Development Board and being operated on a fixed, mass transit route;

3. When being used in an organized car pool not available to the public generally; or

4. When being used to transport students between home and school.

“Passenger” shall mean every occupant other than the driver of the paratransit vehicle.

“Permit holder” shall mean a person who has a valid operations permit: paratransit for the operation of a paratransit business.

“Taxicab” shall mean every vehicle other than a charter vehicle, jitney, nonemergency vehicle, sightseeing vehicle or LSV which:

1. Transports passengers over the public streets of the City;

2. Does not operate over a defined route;

3. Is routed at the direction of the hiring passenger; and

4. Is made available for hire through cruising, parking, telephone or other electronically transmitted request.

“Taxicab/LSV stand” and “cab stand” shall mean areas on public rights-of-way designated by City Council resolution for specific use of taxicab vehicles and/or low-speed vehicles (LSVs) that are accessible to the public and clearly identified as such by a yellow curb marked “taxi zone” and a sign indicating same.

“Taximeter” shall mean any instrument, appliance, device or machine by which the charge for hire of a passenger-carrying vehicle is calculated, either for distance traveled or time consumed, or a combination of both, and upon which such change is clearly visible and numerically indicated to the passenger(s).

“Valid” shall mean properly obtained and in effect.

“Vehicle for hire” shall mean every vehicle which:

1. Is operated for any fare or compensation and used for the transportation of passengers over the public streets of the City;

2. Is not operated over a defined route;

3. Is routed at the direction of the hiring passenger; and

4. Is hired by and at the service of a person for the benefit of himself or herself or a specified group. (Ord. 1958 § 1, 2004)

20.40.040 Regulations – Permit holder.

A. No person shall engage in the operation of any paratransit business within the City except as authorized by a valid operations permit: paratransit and such other permits and licenses as are required by law.

B. No person who is engaging in the operation of a paratransit business within the City shall employ a person to operate a paratransit vehicle unless such vehicle operator has a valid driver’s card.

C. No person who is engaging in the operation of a paratransit business in the City shall use a paratransit vehicle for paratransit purposes unless such vehicle has a valid paratransit tag.

D. A person who is engaging in the operation of a paratransit business in the City shall:

1. Ensure that each paratransit driver employed by such person prepares a daily trip log required by this chapter;

2. Collect the daily trip log from each paratransit vehicle;

3. Maintain the log for a minimum of 12 months after the day logged; and

4. Make the trip log available for inspection upon request of any City Peace Officer.

E. A person who is engaging in the operation of a paratransit business in the City shall reimburse the City for the costs incurred to obtain fingerprint clearances and any drug screen test for a cardholder employed who operates a paratransit vehicle under the permit holder’s operations permit: paratransit.

F. The privilege of engaging in the business of operating a paratransit vehicle in the City is personal to the permit holder. The rights, requirements and responsibilities which attach to the permit remain with the holder at all times the paratransit vehicle is operated under the authority of the permit. These rights, requirements and responsibilities which include, but are not limited to, the requirement of this chapter and title, will remain unaffected by any agreement or contractual arrangement between the permit holder and those persons who operate paratransit vehicles, irrespective of the form or characterization of the agreement under which the driver operates the paratransit vehicle.

G. The permit holder shall maintain a business address, a mailing address where he or she can accept mail directed to his or her company and a business telephone in working order which must be answered during normal business hours, Monday through Friday, and during all hours of operation. The permit holder shall, in the case of any change in his or her business address, mailing address, or business telephone, notify the Administrative Services Department in writing of such change within 48 hours of the effective date of this change.

H. No permit holder shall employ as a paratransit vehicle driver any person who is not in possession of a valid driver’s card and whose privilege to operate a paratransit vehicle within the city has expired, or has been revoked, denied, suspended or prohibited. (Ord. 1958 § 2, 2004)

20.40.050 Regulations – Vehicle driver.

A. No person shall drive a paratransit vehicle within the City unless:

1. The vehicle has a valid paratransit tag issued in furtherance of a valid operations permit: paratransit.

2. The driver is in possession of a valid driver’s card issued in furtherance of a valid operations permit: paratransit.

3. The driver’s valid driver’s card is displayed, in plain view from the passenger compartment.

4. The driver complies with the provisions of this chapter and the provisions of the operations permit: paratransit pertaining to such operation.

5. The paratransit vehicle has a valid paratransit tag which complies with the provisions of this chapter and the provisions of the operations permit pertaining to such vehicle.

6. The paratransit vehicle and its operation comply with the California Vehicle Code.

7. The driver is in possession of a valid driver’s license issued by the State of California.

B. No driver of a paratransit vehicle shall load or unload passengers in a traffic lane.

C. The driver of a paratransit vehicle shall carry, either on the person of the driver or in the paratransit vehicle, a map of the City which shall be displayed to any passenger upon request.

D. The driver of every paratransit vehicle shall post the rates of fare charged for paratransit vehicle service so as to be clearly visible to persons seated in the passenger compartment.

E. The driver of every paratransit vehicle shall offer each passenger, upon request, a receipt upon payment of the fare. The receipt shall accurately show the date, the starting and ending locations for the trip, the amount of the fare, the company name, the name and signature of the driver.

F. The driver of any paratransit vehicle shall promptly obey all lawful orders or instructions of any Peace Officer.

G. No driver of any paratransit vehicle shall transport any greater number of persons, including the driver, than the manufacturer’s rated seating capacity for the vehicle.

H. A driver of a paratransit vehicle employed to transport passengers to a definite point shall take the most direct route possible that will carry the passenger to his destination safely and expeditiously.

I. It shall be unlawful for the driver of a paratransit vehicle to refuse a prospective fare or to take any action to actively discourage a prospective fare on the basis of race, creed, color, age, sex, national origin, handicap, or any other reason, unless it shall be readily apparent that the prospective fare is a hazard to the driver or operator.

J. It shall be unlawful for the driver of a paratransit vehicle to refuse or discourage a prospective fare based upon the length of trip within the City.

K. No driver shall stop, park, or otherwise leave standing a paratransit vehicle within 15 feet of any fire hydrant.

L. No driver of a paratransit vehicle shall display an “Out-of-Service” sign while the driver is in the paratransit vehicle or the paratransit vehicle is located at a paratransit stand. This subsection shall not prohibit a driver of an out-of-service paratransit vehicle from displaying an “Out-of-Service” sign, provided the vehicle is parked in a lawful parking spot and the driver is not in the vehicle.

M. A paratransit driver may not seek passengers by driving or stopping upon any public street or other public place at such speed or frequency as to interfere with or impede traffic.

N. It is unlawful for the driver of a paratransit vehicle, having parked and left his or her paratransit vehicle, to solicit patronage among pedestrians on the sidewalk, or at any entertainment center, or other location of public gathering.

O. It is unlawful for a driver to allow a paratransit vehicle to remain standing in any established paratransit stand or passenger loading zone, unless the driver or operator remains within 12 feet of his or her paratransit vehicle, except when the driver or operator is actually engaged in assisting passengers to load or unload.

P. Except while at a taxicab stand or for the purpose of actively loading or unloading passengers or freight, no paratransit driver shall park a taxicab on any public street while the vehicle is in service or conducting business.

Q. No driver shall park a paratransit vehicle on any public street for a period longer than three hours when such vehicle is not in service for conducting business.

R. It is unlawful for the driver of a paratransit vehicle to respond to a call for service dispatched to another driver.

S. The paratransit driver shall maintain a daily trip log within the paratransit vehicle which shall be available for inspection upon request of any Peace Officer. The trip log shall accurately show the driver’s name, paratransit number, date, time, beginning odometer reading, starting and ending locations, and fare for each trip provided. The driver shall furnish a copy of the daily trip log to the permit holder upon the request of the holder or to any Peace Officer.

T. It shall be unlawful for any person to solicit business for a paratransit vehicle by making a contract or agreement with an owner of any hotel, apartment house, motel, inn, rental units, restaurant, or bar, or with the agent or employees of such owner, by which the owner, agent, or employee receives any type of payment or commission for recommending or directing any passenger to a specific paratransit vehicle or company. It shall be unlawful for any permit holder, association, or driver to have or make a contract or agreement with any owner of any hotel, apartment house, motel, inn, rental units, restaurant, or bar, or with the agents or employees of such owner, by which the license holder, association or driver receives any type of payment or commission for recommending or directing any passenger to an establishment operated by a specific owner.

U. It shall be unlawful for any driver of a paratransit vehicle to demand of a passenger a charge for hire which is greater than the rate specified in the operations permit: paratransit.

V. Upon good cause to believe that a driver of a paratransit vehicle is under the influence of any drug or controlled substance, any City police officer is authorized to demand that the driver immediately submit to a drug screen test. When so requested by the police officer, the driver shall immediately submit to the request. The driver’s failure to submit immediately to the request is sufficient grounds to revoke the driver’s card of the driver.

W. Repealed by Ord. 1958.

X. Pursuant to Vehicle Code Section 21260, drivers of an LSV shall be restricted to streets within the City’s limit with a posted speed limit of 35 miles per hour. Drivers of an LSV operating on SR 75 shall be limited to Orange Avenue extending southwest to Glorietta Boulevard. (Ord. 1958 § 3, 2004)

20.40.060 Regulations – Paratransit vehicles.

A. The permit holder shall ensure the interior and exterior of each paratransit vehicle shall be maintained in a safe and efficient operating condition, and meet California Vehicle Code requirements and the requirements of this chapter at all times when in operation.

Before a paratransit vehicle is placed in service and at least annually thereafter, the permit holder shall present the paratransit vehicle and its equipment for inspection by the Director of Police Services who shall ascertain whether the vehicle complies with the provisions of this chapter. The cost of inspections and certifications shall be paid by the permit holder. Certificates of annual inspections must be filed yearly with applications to renew the operations permit. Failure to produce the vehicle for inspection shall be cause for suspension and revocation of the permit for such vehicle.

B. The driver of a paratransit vehicle shall ensure that a valid paratransit tag and driver’s card are displayed in a location and manner prescribed by the issuing authority.

C. Every person who operates a paratransit business in the City shall ensure that each paratransit vehicle being operated by them:

1. Is equipped with a visible light on top of the vehicle that flashes which shall only be operated at the time of an emergency.

2. Has no window tinting, shades, or marking that could interfere with a clear view of the cab interior from the outside.

3. Has a working capability for radio service either by dispatch or cellular phone.

4. Has a fire extinguisher of the dry chemical or carbon dioxide type with an aggregate rating of at least five B/C units and a current inspection card affixed to it.

5. Has a minimum of three red emergency reflectors.

6. Has a first-aid kit containing medical items to adequately attend to minor medical problems.

7. Has, in a convenient place in the driver’s compartment, in full view of the passengers, a container for the driver’s card.

8. Is equipped and operated so that the vehicle can be dispatched by two-way radio communication or cellular phone via call forwarding in response to a telephone or other request for service by a prospective passenger. This requirement may be met by use of a mobile radio telephone service. The two-way communication radio must be turned on, and audible to the driver, at all times when the paratransit vehicle is in service. (Ord. 1958 § 4, 2004)

20.40.070 Application for operations permit, paratransit tag, and driver’s card.

A. An operations permit: paratransit shall not be issued unless the applicant has demonstrated, with clear and convincing evidence, that the applicant seeks to provide paratransit service within the City that will not exceed the following ratio of services available in the City:

1. Two paratransit vehicles per 1,000 residents as determined by the most recent census; or

2. Two and one-half paratransit vehicles per 100 hotel or motel rooms in the City as determined by the Community Development Department.

B. As needed, the Director of Administrative Services shall determine the number of available permits based on the above-described ratio of services available in the City. The information shall be provided to the Director of Police Services.

C. The Director of Police Services shall periodically conduct a survey to determine the number of active and inactive permits that have been issued by the City. Permits that are found to be inactive shall be made available for use by requesting paratransit businesses.

D. The Director of Police Services may deem a permit as being “inactive” when:

1. The permit holder fails or refuses to provide reasonable evidence of continuous automobile liability insurance coverage, as required by this chapter, for a total of 90 days during any 12-month period, for each vehicle that is operated pursuant to this section; or

2. The permit holder fails or refuses to provide reasonable evidence that the permit has been assigned to a vehicle that has transported a minimum of 30 fares originating in the City of Coronado during any 90-day period;

3. In determining whether a permit should be deemed “inactive” the Director of Police Services also may consider any evidence provided by the permit holder that a permitted vehicle was reasonably out of service as a result of a collision that required extensive repairs. (Ord. 1958 § 5, 2004)

20.40.080 Public liability.

It shall be unlawful for a person to operate a paratransit business in the City without obtaining and maintaining in effect insurance coverage as specified in this section:

A. Commercial general liability insurance from a carrier authorized to be in business of the State of California in an insurable amount of not less than $1,000,000 for each occurrence for bodily injury, personal injury and property damage. If a commercial general liability insurance form or other form with a general aggregate limit is used, the general aggregate limit shall be at least twice the required occurrence limit.

B. Automobile insurance from a carrier authorized to be in business of the State of California in an insurable amount of not less than $300,000 combined single limit, $300,000 for bodily injury per accident, $100,000 for bodily injury per person, and $50,000 property damage.

C. Evidence of insurance coverage shall be provided to the City in the form of a certificate of insurance bearing authorized signatures and endorsements that names the City as an additional insured. Said certificates of insurance shall be submitted to the City’s Risk Manager.

D. The insurance policies shall provide that the policies shall not be canceled, terminated, changed or allowed to expire without 30 days’ prior written notice delivered to the City at the address shown on the certificate of insurance.

E. All insurance policies shall be issued by companies which hold a current policy holder’s alphabetic and financial size category rating of A VIII, according to the current Best’s Key Rating Guide, unless otherwise approved by the City’s Risk Manager.

F. Failure to procure or maintain required insurance shall constitute a material breach of this chapter under which the City shall immediately terminate the operations permit: paratransit issued to the permit holder. (Ord. 1958 § 6, 2004)

20.40.090 Financial ownership and operating records – Reporting requirements.

A. Every holder of an operations permit: paratransit shall maintain:

1. Financial records in accordance with good accounting practices.

2. Ownership records.

3. Operating records in a form which shall be determined from time to time by the City.

B. Ownership and operating records shall be made available to the City upon demand during normal business hours. The permit holder is responsible for retaining and maintaining ownership and operating records. The permit holder shall retain operating records for a minimum of six months from the date the records are created.

C. For purposes of this section, ownership records shall include, but are not limited to, the following:

1. Copies of the Articles of Incorporation as filed with the Secretary of State of California.

2. Records identifying all corporate officers and members of the corporation’s board of directors. A corporation shall report any change in corporate officers or members of its board of directors to the City within 10 days of the effective date.

3. Copies of registration cards issued by the California Department of Motor Vehicles to the vehicle owner for all paratransit vehicles operated under the authority of a City operations permit.

D. For purposes of this section, operating records shall include, but are not limited to, the following:

1. Written dispatch records for paratransit businesses which operate their own radio dispatch service in which calls are dispatched via radio;

2. Copies of the daily trip logs maintained by paratransit drivers; and

3. A log maintained by the paratransit vehicle driver, describing the trips made, time of day, point of origin, point of termination and fare changes. (Ord. 1958 § 7, 2004)

20.40.100 Issuance of driver’s card.

A. A driver’s card shall not be issued to any of the following:

1. Any person under the age of 18 years.

2. Any person who has been convicted of a felony involving a crime of force or violence against any person, or for theft of property, operation of a motor vehicle, possession, sale, transportation or manufacturing of drugs or a controlled substance unless five years have elapsed since his or her discharge from a penal institution or satisfactory completion of probation or parole for such conviction and who has maintained a good record during the past five years. The Director of Police Services may consider exemptions at his or her discretion based upon recommendations of the applicant’s parole or probation officer.

3. Any person who has been convicted of an offense involving driving a motor vehicle under the influence of an intoxicating liquor, narcotic or controlled substance within three years of the time of application.

4. Any person who, within five years immediately preceding the processing of the application, has been convicted or determined by any administrative action to have been in violation of any statute, ordinance, or regulation reasonably and rationally related to the paratransit industry or any similar business operation which would have resulted in the suspension or revocation of the driver’s identification card in accordance with this chapter or this title.

5. Any person who is required to register as a sex or narcotic offender pursuant to the California Penal Code.

6. Any person who has provided false information of a material fact in their application to the City within the past five years.

7. Deleted by Ord. 1845.

8. Any person who has been convicted of three or more traffic violations related to operating a motor vehicle in any period.

9. Any person whose driver’s license is currently suspended, revoked or restricted in any manner.

10. Any person for whom a current warrant of arrest has been issued.

B. The permanent driver’s card shall expire 12 months from the date of application.

C. The issuing authority is authorized to issue a temporary driver’s card pending final action on an application. No temporary driver’s card shall be issued without the satisfactory completion of a local law enforcement agency record check of the applicant. Any temporary driver’s card so issued shall be valid for a period not to exceed 90 days or until the date of approval of a regular driver’s card. The issuance of a temporary driver’s card shall not authorize the operation of a paratransit vehicle following the denial of the application.

D. The issuing authority is authorized to establish a nonrefundable filing fee to be reimbursed for the costs of processing an application for a driver’s card.

20.40.110 Suspension and revocation of driver’s card.

A. The City may suspend or revoke a driver’s card in accordance with the procedures and reasons contained in this title and for the following reasons:

1. The City finds the card holder’s past record to be unsatisfactory with respect to satisfying the provisions of this chapter.

2. The card holder fails to comply with the applicable provisions of this chapter.

3. The card holder fails to perform in accordance with those provisions of this chapter which govern driver conduct and/or operating regulations.

4. The card holder received three or more violations related to operation of a motor vehicle in a one-year period.

5. The card holder’s driver’s license has been suspended, revoked or restricted in any manner.

6. The card holder has been convicted of reckless driving or driving while under the influence of intoxicating liquors, narcotics or controlled substances, and has not been rehabilitated.

7. The card holder has been convicted of assault, battery, resisting arrest, any felony involving force or violence, or any crime reasonably and rationally related to the driver’s integrity or the ability to operate paratransit vehicle or transport passengers, and has not been rehabilitated.

8. The card holder has ever been convicted of a crime that requires registration under the California Penal Code as a sex or narcotic offender.

9. The card holder is found to possess or control an alcoholic beverage while in, or conducting any business associated with, a paratransit vehicle.

10. A card holder exhibits observable symptoms of consumption or of being under the influence of any alcoholic beverage while operating or conducting business associated with the paratransit vehicle.

11. A card holder is found to show observable symptoms of being under the influence of any drug or substance which may affect his/her ability to safely operate a motor vehicle while operating or conducting business associated with the paratransit vehicle.

12. The card holder is the subject of an outstanding arrest warrant.

B. For purposes of this section, a plea of nolo contendere, or a forfeiture of bail, shall be considered a conviction if it occurred within the five years immediately preceding the date of application for a driver’s card.

20.40.120 Minimum vehicle standards and operating regulations.

A. A permit holder shall make available to any Peace Officer or authorized City employee, for reasonable and periodic inspection, all paratransit vehicles operating under an operations permit: paratransit in order for the City to determine whether the vehicle is in compliance with the provisions of this chapter.

B. Any paratransit vehicle which fails to meet the requirements of the California Vehicle Code or this chapter after inspection shall be immediately ordered out-of-service by the Director of Police Services or his/her designee if the paratransit vehicle is unsafe for service. When a vehicle is ordered out-of-service, the paratransit tag shall be immediately removed. However, ordering a vehicle out-of-service does not constitute a suspension or revocation of the permit. If the paratransit vehicle is not unsafe but is unsuitable or otherwise in violation of this chapter, the permit holder shall be issued a notice to correct said violation within 72 hours. Failure to correct such violation within the 72 hours shall then be cause to order the vehicle out-of-service at which time the paratransit tag shall be immediately removed.

1. The business operator and the driver of the subject vehicle shall immediately comply with such direction, but may thereafter file an appeal of the order with the issuing authority.

2. Before the vehicle may again be placed in service, the violation shall be corrected and documentation or other evidence indicating corrections must be submitted to the Police Department. (Ord. 1958 § 8, 2004)

20.40.130 Taxicab stands.

A. The City Council may, by resolution, from time to time, designate taxicab/LSV stands which shall be designated “Taxis/LSVs Only,” and such stands shall be in operation 24 hours a day.

B. No taxicab or LSV shall remain in any established taxicab/LSV stands unless the taxicab and/or LSV is attended by the driver.

C. No vehicle, or paratransit vehicle other than a taxicab or LSV, shall park or stop in a designated taxicab/LSV stand. (Ord. 1958 § 9, 2004)

20.40.140 Taximeter.

A. The operator of a paratransit business shall ensure that each taxi paratransit vehicle used in such business, other than a vehicle for hire as defined in this chapter, is equipped with a fully functional taximeter of a type approved by the issuing authority.

B. No paratransit taxi vehicle shall be operated until the taximeter thereon has been inspected, tested, approved and sealed by an authorized representative of the State of California, and thereafter so maintained in a fully operational, accurate manner.

C. The taximeter shall be located such that:

1. It can be easily discernible to a person outside the paratransit vehicle whether the taximeter is in operation or is not in operation; and

2. It is positioned so that its display of recorded time, distance and fare is well-lighted and easily readable by the passenger riding in such paratransit vehicle.

D. It shall be unlawful for any driver of a paratransit vehicle to display the flag or device attached to the taximeter in such a position as to denote that the vehicle is for hire, or is not employed, or to have the flag or other attached device in such a position as to prevent the taximeter from operating. It shall be unlawful for any driver to cause the taximeter to record when the vehicle is not actually employed, or to cause the taximeter to continue to record after the termination of each and every service.

E. Repealed by Ord. 1958. (Ord. 1958 § 10, 2004)

20.40.150 Rates of fare.

A. Each taxicab and LSV permit holder shall file with the Director of Police Services no later than five business days from issuance of operations permit: paratransit the rates of fare that he/she will charge.

B. Except as provided in this section, it shall be unlawful for any permit holder or driver of a paratransit vehicle to demand of a passenger a charge for hire which is greater than the permit holder’s rate filed with the Director of Police Services.

C. Each permit holder operating an LSV shall establish rates of fare based on a per grid block or per hour basis. Each LSV shall prominently post rates in dollars-per-grid block and dollars-per-hour basis and said rates shall be clearly displayed in the passenger compartment.

D. Each permit holder operating a taxicab shall set the taximeter for the rate that he/she will charge and have the taximeter sealed and inspected. The taximeter, when required, shall calculate fares upon the basis of a combination of mileage traveled and time elapsed. When operating with respect to fare indication, the fare-indicating mechanism shall be actuated by the mileage mechanism whenever the vehicle is in motion at such a speed that the rate of mileage revenue equals or exceeds the time rate, and may be actuated by the time mechanism whenever the vehicle speed is less than this, and when the vehicle is not in motion.

1. Waiting time shall include all time when a taxicab occupied or otherwise engaged by a passenger is not in motion or is traveling at a speed which is slow enough for the time rate to exceed the mileage rate. Waiting time will also include the time consumed while standing at the direction of the passenger or person who has engaged the taxicab.

2. It shall be the duty of every permit holder operating a taxicab to keep the taximeter in proper condition so that the taximeter will, at all times, correctly and accurately indicate the charge for the distance traveled and waiting time. The taximeter shall at all times record the charge for the distance traveled and waiting time.

3. The taximeter shall at all times be subject to inspection by any Peace Officer or authorized City employee. The Peace Officer, or authorized City employee, is hereby authorized to investigate or cause to be investigated the taximeter, and upon discovery of any inaccuracy in the taximeter, or if the taximeter is unsealed, to remove or cause to be removed the vehicle equipped with this taximeter from the streets of the City until the taximeter has been correctly adjusted and sealed. Prior to being returned to service, the vehicle and taximeter must be inspected by the Police Department.

E. When a permit holder desires to change the rates of fare being charged for paratransit services during any calendar year, the permit holder shall first file a document with the Director of Police Services indicating said changes, and no change shall be effective until 14 days following the filing of said change. (Ord. 1958 § 11, 2004)