Chapter 5.12
VEHICLES FOR HIRE1
Sections:
5.12.020 Certificate of public convenience and necessity.
5.12.050 Periodic review of certificates of public convenience.
5.12.070 Sale or transfer of business.
5.12.090 Cancellation and suspension of certificate.
5.12.110 Inspection and maintenance of vehicles.
5.12.120 Operating regulations.
5.12.130 Drivers’ qualifications.
5.12.140 Stands – Authorization.
5.12.010 Definitions.
The following words and phrases, when used in this chapter, shall have the meanings set forth in this section.
A. “Owner” means any and/or every person who in any manner has the proprietary use, ownership or control of any passenger-carrying motor-propelled vehicle.
B. “Public transportation vehicles” means every motor-propelled vehicle not otherwise defined in this section used in the business of transporting passengers over the streets of the city irrespective of whether or not any fee, compensation, or consideration is paid for such transportation, excepting any transportation system operating over a fixed route under a certification of public convenience and necessity issued by the public utilities commission.
C. “Taxicab” means any motor-propelled vehicle used for the transportation of passengers who direct the route to be travelled over the streets and not operated over a fixed route for compensation including vehicles commonly known as limousines and sightseeing buses. (Ord. 33 § 1, 1965).
5.12.020 Certificate of public convenience and necessity.
A. It is unlawful for any person to engage in the business of operating or causing to be operated any taxicab or public transportation vehicle for hire 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 certified application which should contain the following information:
1. Name and address of persons making application;
2. Number of vehicles proposed to be operated under the permit requested;
3. Number of vehicles presently being operated, if any;
4. The make, type, year of manufacture, and passenger seating capacity for each vehicle proposed to be operated for which a permit will be requested;
5. The description of the proposed color scheme insignia, or other distinguishable characteristics of the taxicab to be used;
6. Any further facts which the applicant believes tend to prove that public convenience and necessity require the granting of a permit;
7. Proposed rates to be charged. (Ord. 33 § 2, 1965).
5.12.030 Public hearing.
Upon receipt of any application referred to hereinabove, the city clerk shall set a time not less than ten, nor more than thirty days thereafter, for the hearing of the application before the city council and notice shall be given to the applicant by mail of the time to set at least five days before the date of such hearing. A notice shall be published once in a newspaper of general circulation in the city at least ten days prior to the hearing. The applicant shall pay to the city clerk the sum of twenty-five dollars as and for a filing fee. (Ord. 33 § 3, 1965).
5.12.040 Hearing.
No certificates of public convenience and necessity shall be granted until the council shall, after the hearing, declare by resolution that the public convenience and necessity require the proposed service, and that the following conditions exist:
A. That the applicant is financially responsible, and that the applicant is of good moral character, or that the officers of the applicant are of good moral character;
B. That the persons holding permits or licenses for the operation of motor vehicles for hire are under the experienced and efficient management earning a fair and reasonable return of their capital devoted to such service;
C. That the applicant has complied with the provisions of all city, state and federal laws applicable to the proposed operation;
D. That the additional service will not result in a greater hazard to the public, and will not create traffic congestion or parking problems;
E. If the council finds from its investigation and hearing that the public convenience and necessity justify the creating of an additional certificate and the granting of permits requested thereunder, it shall notify the applicant of its findings. Within sixty days thereafter the applicant shall furnish to the chief of police any and all additional information which may be required, and if the chief of police then finds the vehicles proposed to be used by the applicant meet the requirements of this chapter, he shall thereupon issue to the applicant a certificate of public convenience and necessity;
F. If the city council finds from such investigation and hearing the public convenience and necessity does not justify the granting of an additional certificate, it shall forthwith notify the applicant of that finding. (Ord. 33 § 4, 1965).
5.12.050 Periodic review of certificates of public convenience.
Within six months after a certificate of public convenience is granted by the city council, and again within twelve months after a certificate of public convenience is granted by the city council, and annually thereafter, the city council shall review certificates of public convenience to determine whether or not the necessary conditions, as stated in Section 5.12.040, still exist. Such reviews shall be by public hearing, pursuant to the procedure stated in Section 5.12.030. Upon request from the chief of police, and within thirty days before the date of a review of a certificate of public convenience, the holder of said certificate of public convenience shall furnish to the chief of police any and all information that the chief of police may reasonably require for such periodic review.
A. If the city council finds from its periodic review and hearing that the necessary conditions, as stated in Section 5.12.040, still exist, it shall notify the holder of the certificate of its findings.
B. If the city council finds from its periodic review and hearing that the necessary conditions, as stated in Section 5.12.040, do not still exist, the city council may either revoke or suspend the certificate of public convenience previously issued. The holder of the certificate shall be notified of the city council’s findings and action. Revocation or suspension of the certificate shall commence thirty days from the date of the city council’s findings. (Ord. 226 § 1, 1975: Ord. 220, 1975: Ord. 33 § 5, 1965).
5.12.060 Insurance.
A. No certificate of public convenience and necessity shall be issued or continued in operation unless there is in full force and effect and covering each vehicle classified hereunder a policy of insurance in such form as the council of the city deems proper, executed by an insurance company approved by the council, which policy shall insure the public against any loss or damage that may result from the operation of the vehicle, and provided further that the policy of insurance shall provide for maximum recovery of not less than the following schedule:
1. For injury or death of any one person in any one accident, five hundred thousand dollars;
2. For injury or death of two or more persons in any one accident, six hundred thousand dollars;
3. For injury or destruction of property in any one accident, one hundred thousand dollars.
B. Such person may, in lieu of the aforesaid policy of liability insurance, file with the city clerk of the city a bond in such form and in such amount as is approved by the council of the city. The sum shall be in an amount reasonably necessary for the protection and safety of the public. (Ord. 609 § 1, 1993: Ord. 566 § 1, 1992: Ord. 33 § 6, 1965).
5.12.070 Sale or transfer of business.
If an owner to whom a certificate of convenience and necessity has been issued desires to sell or transfer his business, the intended buyer must make application to the city for a certificate of convenience and necessity as required by this chapter. The seller and holder of the certificate must file an affidavit of intention to surrender and cancel the existing certificates and licenses conditionally upon and concurrently with consummation of sale and issuance of new certificates and licenses in the name of the buyer.
If the buyer applicant meets the requirements as set forth in this chapter for the issuance of a certificate of convenience and necessity, the city shall issue a new certificate to the buyer and concurrently therewith shall cancel the seller’s certificate. (Ord. 33 § 7, 1965).
5.12.080 Transfer of vehicle.
In the event an owner sells or transfers title to a taxicab or vehicle for which a license has been issued, or in the event the vehicle has been destroyed, the owner is entitled as a matter of right to have a new license issued for the taxicab or vehicle replacing the one so sold or transferred upon proper application to the city clerk within forty-five days after such sale, transfer or destruction.
If a vehicle is withdrawn from service for a period of forty-five days without written permission being first secured from the chief of police, the license for such vehicle shall be automatically cancelled and the certificate shall be reduced by one or more, as the case may be. (Ord. 33 § 8, 1965).
5.12.090 Cancellation and suspension of certificate.
A. A certificate issued under the provisions of this chapter may be revoked or suspended by the city council if the holder thereof has:
1. Violated any of the provisions of this chapter;
2. Discontinued operations for a period of five days, or more;
3. Has violated any ordinances of the city, of the state, or of the United States, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation.
B. Before suspension or revocation, the holder of the certificate shall be given reasonable notice of the proposed action to be taken, and shall have an opportunity to be heard by the city council. (Ord. 33 § 9, 1965).
5.12.100 Business license.
No person shall be entitled to receive a business license to operate a vehicle of the class herein defined without first having received a certificate of public convenience and necessity, set forth herein. (Ord. 33 § 10, 1965).
5.12.110 Inspection and maintenance of vehicles.
A. All vehicles for which a certificate of public convenience and necessity has been issued hereunder shall be under the supervision and control of the chief of police and no owner or driver shall operate, or permit to be operated, any vehicle in the city while the equipment used therein is defective, unsafe, or in any unsanitary condition, and every such vehicle shall be at all times subject to the inspection of any police officer of the city.
B. The chief of police is authorized and directed to suspend, without previous notice, any vehicle operating pursuant to this chapter whenever an owner or driver violates any of the sections herein. Any owner may appeal such decision in writing to the city council and shall, after due notice to the owner, conduct a hearing and determine the matter and their decision therein shall become final. The city council may order a continued suspension of the license until such time as the vehicle shall be restored to a safe or sanitary condition.
C. An owner or driver knowingly permitting any condition prohibited by this section shall be subject to the penalty provided herein for violation of this chapter. (Ord. 33 § 11, 1965).
5.12.120 Operating regulations.
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. Every taxicab shall be equipped with a meter which shall be approved by the chief of police. The meter shall at all times accurately show the fee to be charged.
C. If requested, every driver shall give a receipt upon payment of the correct fare.
D. It is unlawful for any person except where credit is extended, to refuse to pay the lawful fare affixed herein for the use of any vehicle covered by this chapter.
E. It is unlawful for any driver to refuse when the vehicle is in service and not otherwise engaged to transport any person who presents himself, or is presented for carriage, in a sober and orderly manner and for a lawful purpose.
F. It shall be a ground for the revocation of a driver’s permit issued, pursuant to this chapter, for any driver to charge a passenger a fare greater than that to which he is entitled under the provisions of this chapter. It is unlawful for the owner or driver of any vehicle under this chapter to conduct his business from any place other than the established place of business set forth in the certificate of convenience and necessity. (Ord. 33 § 12, 1965).
5.12.130 Driver’s qualifications.
A. It is unlawful for any person to operate or drive a vehicle for hire in the city without first having obtained a written permit to do so from the chief of police. A reasonable fee shall be required to cover the cost of a photograph and badge to be issued and conspicuously worn by the permittee during all working hours. Such badge and the permit will not be transferable.
B. The chief of police may refuse to issue a driver’s permit and may revoke a permit for any of the following reasons:
1. If the applicant is under eighteen years or not a citizen of the United States;
2. If the applicant has not resided in the county of Sonoma for thirty days prior to filing the application;
3. If the applicant does not possess a valid chauffeur’s license issued by the state of California;
4. If the applicant is convicted or has been convicted of reckless driving or a crime involving moral turpitude, or driving while under the influence of intoxicating liquors or narcotics;
5. If the applicant violates any of the provisions of this chapter.
C. The chief of police shall refuse to issue a driver’s permit and shall revoke the permit if the applicant fails to test negative for any controlled substance specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations or alcohol. A negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.
1. Procedures for such testing shall be substantially as in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, except that the applicant shall show a valid California driver’s license at the time and place of testing, and except as provided otherwise in this section. Requirements for rehabilitation and for return-to-duty and follow-up testing and other requirements, except as provided otherwise in this section, shall be substantially as in Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations.
2. A controlled substances or alcohol test administered by any other government agency shall be accepted as meeting the requirements of this section.
3. In the case of an applicant who is self-employed, the test results shall be reported directly to the city, which shall notify the taxicab leasing company of record, if any, of any positive results. In all other cases, the results shall be reported directly to the owner, who shall notify the city of any positive results.
4. All test results are confidential and shall not be released without the consent of the applicant, except as authorized or required or law.
5. Self-employed applicants shall be responsible for compliance with, and shall pay all costs of, the testing. Owners shall be responsible for compliance with, and shall pay all costs of, the testing with respect to any employees or potential employees, except that the owner may require employees who test positive to pay the costs of rehabilitation and the costs of return-to-duty and follow-up testing.
6. Upon request of any applicant, the city shall provide a list of certified facilities that offer tests in or near the city.
7. No evidence derived from a positive test result shall be admissible in any criminal prosecution involving unlawful controlled substances.
D. A permit issued to any driver-employee shall state the name of the employer and shall become void upon termination of employment. The owner shall notify the city upon the termination of employment and shall be responsible for returning the permit to the city upon termination of the employment. (Ord. 649 § 1, 1996: Ord. 172 § 13(a), 1973; Ord. 33 § 13, 1965).
5.12.140 Stands – Authorization.
A. Council may by resolution locate and designate taxicab or vehicle for hire stands, and the stands shall be appropriately designated. The chief of police shall recommend, in writing, to the council for their approval the location of such stands.
B. Before any designation of private stands is made, the written consent thereto must be obtained of the tenant of the ground floor fronting space where the stand is to be located, or in the event the ground floor is not occupied, the written consent thereto, of the owner of the building or land must first be obtained.
C. Open stands may be authorized and designated by action of the city council to be open to any vehicle for hire for which a certificate has been duly issued. The city council may designate stands for specific vehicles for hire and shall state which vehicles and which owners are entitled to use those stands. It is unlawful for the owner or operator of any other vehicle for hire, other than the permittee to use a stand designated specifically to such individual. (Ord. 33 § 14, 1965).
5.12.150 Chapter purpose.
The full and sole purpose of this chapter is one of regulation for the public good and under no circumstances whatsoever shall any certificate of convenience and necessity, license or permit provided for herein constitute or be deemed to be a property right or right of livelihood vested in the holder of any such certificate, permit or license. (Ord. 33 § 15, 1965).
5.12.160 Rates.
A. Each owner and driver operating in the city shall have posted in each vehicle the rates to be charged for carrying passengers from point to point, or on a time basis. The city council may from time to time adopt rates by resolution after conducting a hearing thereon, and the resolution shall become of the same force and effect as though incorporated in this chapter.
B. Each owner and driver operating in the city shall charge according to the schedule of rates as provided in such resolutions, and it is unlawful to charge at any rate other than those set forth therein. (Ord. 33 § 17, 1965).
5.12.170 Penalty.
In addition to the provisions of this chapter providing for revocation, suspension, or change of certificates, licenses or permits, as the case may be, any person violating any of the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than five hundred dollars or by imprisonment for not more than six months, or by both such fine and imprisonment. (Ord. 33 § 16, 1965).
For statutory provisions allowing local authorities to license and regulate the operation of any vehicle for hire and drivers of passenger vehicles for hire, see Veh. Code § 16501; for the provision regarding carriers generally, see Comm. Code § 2805 et seq.; for provisions regarding financial responsibility, see Veh. Code § 16500 et seq.