Chapter 3.80
REGULATION OF TAXICABS AND AMBULANCES*

Sections:

3.80.010    Definitions.

3.80.020    Certificate of public convenience and necessity.

3.80.030    Certificate--Application.

3.80.040    Certificate--Burden of proof.

3.80.050    Certificate--Nontransferable.

3.80.060    Certificate--Revocation.

3.80.070    Certificate--Operation of reduced number of vehicles.

3.80.080    Owner’s permit--Required.

3.80.090    Transporting persons outside city limits.

3.80.100    Permit--Application--Information.

3.80.110    Permit--Application--Investigation.

3.80.120    Permit--Conditions prohibiting issuance.

3.80.130    Insurance requirements.

3.80.140    Permit--Issuance.

3.80.150    Permit--Exceptions--Ambulance emergency calls.

3.80.160    Permit--Revocation.

3.80.170    Vehicle maintenance and inspection.

3.80.180    Transferability.

3.80.190    Permit--Term of issuance.

3.80.200    Permit--Fees.

*    For the statutory provisions allowing local authorities to license and regulate the operation of any vehicle for hire and taxi drivers, see Vehicle Code §§16501 and 21100.  For the statutory provisions regarding financial responsibility requirements for vehicles for hire, see Veh. Code §16500.

3.80.010 Definitions.

For purposes of this chapter, certain terms used herein are defined as follows:

A.    “Owner” means any person, firm, association or corporation having proprietary control of or right to proprietary control of any vehicle as herein defined.

B.    “Ambulance” means any privately owned vehicle equipped or used for transporting the wounded, injured or sick.

C.    “Taxicab” means any motor-propelled vehicle used for the transportation of passengers who direct the route to be traveled over the streets, and not operated over a fixed route, for compensation fixed by a taximeter or other device in accordance with the distance traveled and/or the time elapsed.  (Ord. 11-65 §1, 1965).

3.80.020 Certificate of public convenience and necessity.

It is unlawful for any person to engage in the taxicab business or the ambulance business in the city without a certificate of public convenience and necessity issued by the city council.  (Ord. 11-65 §2.1, 1965).

3.80.030 Certificate--Application.

A.    Every applicant for any certificate under this chapter shall apply to the city council, in writing, on a form furnished by the city clerk.

B.    The council shall consider the application at its regular meeting.  (Ord. 9-86 §1, 1986).

3.80.040 Certificate--Burden of proof.

The applicant shall have the burden of proving to the council:

A.    That there is a public demand for additional service;

B.    Inadequacy of the existing service;

C.    The applicant has sufficient moral and financial responsibility and experience to properly conduct such a business;

D.    Traffic conditions or hazards will not be appreciably increased or parking problems aggravated.  (Ord. 11-65 §2.3, 1965).

3.80.050 Certificate--Nontransferable.

No such certificate is assignable or transferable.  If the ownership of in excess of thirty-three percent of the business, whether corporate stock, partnership interest or otherwise, changes, or if the managing officers of the business changes, a new certificate must be obtained.  (Ord. 11-65 §2.4, 1965).

3.80.060 Certificate--Revocation.

Any such certificate may be revoked for any cause which would have warranted denial thereof in the first instance or for a failure to comply with any of the provisions of this chapter.  (Ord. 11-65 §2.5, 1965).

3.80.070 Certificate--Operation of reduced number of vehicles.

Should the holder of any certificate operate less than the full number of vehicles permitted by his certificate for forty-five consecutive calendar days, his certificate shall be deemed reduced in number of vehicles authorized to the number so operated.  (Ord. 11-65 §2.6, 1965).

3.80.080 Owner’s permit--Required.

It is unlawful for any person to operate or cause to be operated in the city any taxicab or ambulance unless there has been issued by the chief of police an owner’s permit to the owner thereof and unless such permit is in full force and effect.  (Ord. 11-65 §3.1, 1965).

3.80.090 Transporting persons outside city limits.

Any taxicab or ambulance may transport a passenger or passengers from a point outside to a destination within the city or may proceed through the city while en route to a destination outside of the city without the issuance of either a certificate of public convenience and necessity or an owner’s permit, and such operations shall not in and of themselves constitute engaging in business in the city within the meaning of this chapter.  (Ord. 11-65 §3.2, 1965).

3.80.100 Permit--Application--Information.

Any person may apply to the city for a permit to operate any taxicab or ambulance in the city by filing with the chief of police an application containing the following information:

A.    The residence and business address of applicant, if a natural person.  If a firm, association or partnership, the name and address thereof and the names and residences of members.  If a corporation, the name and address thereof and the names and residences of officers and local manager, if any;

B.    Nature of business;

C.    All previous experience in the operation of the type of vehicle for which a permit is requested;

D.    Number, make, model and engine number of vehicles proposed to be operated;

E.    Rates to be charged;

F.    If a taxicab business, the application shall set forth in full the color scheme and characteristic insignia to be used to designate the vehicles of said owner, the type and trade name of taxi meter to be used and the size, location and wording of signs to appear on the taxicab;

G.    If an ambulance business, application shall set forth in full the color scheme, name, monogram or insignia of such private ambulance or ambulances;

H.    A statement as to his certificate of public convenience and necessity, giving date of issuance, number of vehicles permitted thereunder and whether full number of vehicles permitted thereunder have been operated;

I.    The location and description of the place or places from which it is intended to operate the business for which a permit is requested;

J.    A statement as to whether or not the applicant or any officers of the applicant have been convicted of any crime, misdemeanor or violation of any municipal ordinance or state law, the nature of the offense and the penalty or punishment assessed therefor;

K.    Such other information as the chief of police may deem necessary for the proper police protection of the city;

L.    The application shall be accompanied by a fee to cover the review by the chief of police, in an amount set by resolution of the city council.  (Ord. 4-92 §3(a), 1992; Ord. 11-65 §3.3, 1965).

3.80.110 Permit--Application--Investigation.

Upon the filing of an application for an owner’s permit, the chief of police shall cause an investigation to be made, within thirty days from the date of filing, of the applicant and his proposed operation, and may require the applicant or any person named in the application to be fingerprinted and photographed when he considers such action necessary to complete his investigation.  (Ord. 11-65 §3.4, 1965).

3.80.120 Permit--Conditions prohibiting issuance.

The chief of police shall issue an owner’s permit upon payment of the license fee required in Sections 3.80.080 through 3.80.180 to all applicants for a permit to operate any of the vehicles described in Section 3.80.010 over the streets of the city unless he finds, as a result of his investigation, that:

A.    The applicant or any person mentioned in the application is not a person of good moral character;

B.    Any vehicle proposed to be operated is inadequate or insufficient for the purpose intended or is insufficiently equipped with reasonable safety devices or not covered by insurance as hereinafter provided;

C.    The applicant proposes to engage in said business under a fictitious name, which, in the opinion of the chief of police, imitates or so closely resembles the fictitious name of any person, firm or corporation already engaged in the same business in the city as may tend to deceive the public;

D.    The applicant proposes to use upon his vehicles a peculiar or distinguishing color scheme or design which, in the opinion of the chief of police, imitates or so closely resembles a color scheme or design already used upon the vehicles of any other person engaged in the same business as may tend to deceive the public;

E.    The granting of such permit would be in violation of any ordinance of this city or would endanger the public health, peace, morals or safety.  (Ord. 11-65 §3.5, 1965).

3.80.130 Insurance requirements.

No owner’s permit shall be issued or continued in operation unless there is in full force and effect a policy of insurance in such form as the city manager may deem proper, executed by an insurance company approved by the city manager, whereby the owner and the driver of each of the vehicles described in said permit are insured against liability for damage to property and for injury to or death of any person as a result of the ownership, operation or use thereof, the minimum liability limits upon each such vehicle being not less than one hundred thousand dollars on account of personal injury to or death of any one person in any one accident and two hundred thousand dollars on account of personal injuries to or death of two or more persons in any one accident, and the minimum liability limits upon each such vehicle being not less than fifteen thousand dollars for damage to or destruction of property in any one accident.  Such policy of insurance shall contain an endorsement providing that said policy will not be cancelled until written notice has been given to the city, addressed in care of the City Manager, City Hall, Half Moon Bay, California, at least ten days immediately prior to the time such cancellation shall become effective.  (Ord. 11-65 §3.6, 1965).

3.80.140 Permit--Issuance.

Upon the approval of the application, and the payment of the fee provided in this chapter, the chief of police shall issue to the applicant an owner’s permit.  The owner’s permit shall state the name and address of the applicant, the type of business licensed, the number, make, model and engine number of each vehicle authorized under the permit, the date of issuance and the permit shall be in force and effect until suspended, revoked or expired in the manner provided in this chapter.  (Ord. 11-65 §3.7, 1965).

3.80.150 Permit--Exceptions--Ambulance emergency calls.

No permit shall be required of any ambulance in the city in response to an emergency call made by the police department or highway patrol.  (Ord. 11-65 §3.8, 1965).

3.80.160 Permit--Revocation.

Every person to whom an owner’s permit has been issued shall regularly and daily operate his or its business during each day of the license year to the extent reasonably necessary to meet the public demand for such service.  Upon an owner’s failure to provide such service for a period of ten consecutive days, the chief of police may conduct a hearing, upon five days’ written notice to the holder of said permit, and unless good and sufficient cause for such abandonment is evidenced, revoke such owner’s permit.  (Ord. 11-65 §3.9, 1965).

3.80.170 Vehicle maintenance and inspection.

Every vehicle operating under this chapter shall be periodically inspected by the police department at such intervals as shall be established by the chief of police to insure the continued maintenance of safe operating conditions.  Every vehicle operating under this chapter shall be kept in a clean and sanitary condition at all times in conformance with rules and regulations promulgated by the chief of police.  (Ord. 11-65 §3.10, 1965).

3.80.180 Transferability.

No permit or license plate issued under the provisions of this chapter may be sold, assigned or otherwise transferred without the approval of the chief of police.  (Ord. 11-65 §3.11, 1965).

3.80.190 Term of issuance.

All permits issued under the provisions of this chapter shall be for the fiscal year commencing July 1st and shall not be prorated except as indicated.  (Ord. 11-65 §4.1, 1965).

3.80.200 Permit--Fees.

No owner’s permit shall be issued or continued in operation until and unless the applicant has paid to the treasurer of the city the following fees:

A.	For one taxicab, per year	$25.00
B.	For each additional taxicab, per year	25.00
C.	For each ambulance, per year	0.00

(Ord. 11-65 §4.2, 1965).