CHAPTER 6. TAXICABS AND CONVENIENCE VEHICLES
6-6.01 Definitions.
For the purposes of this chapter, certain words and phrases used herein are defined as follows:
a. Owner shall mean every person having use or control of any taxicab or convenience vehicle, whether as owner, lessee or otherwise.
b. Driver shall mean every person in charge of or operating any taxicab or convenience vehicle, either as agent, employee or otherwise, under the direction of the owner or as owner.
c. License shall mean a license to operate a taxicab or convenience vehicle.
d. Person shall mean any individual, partnership, association, corporation or other organization owning, operating or proposing to operate any taxicab or convenience vehicle in the City.
e. Street shall mean any place commonly used for the purpose of public travel.
f. Taxicab shall mean every automobile or motor-propelled vehicle operated at rates per mile or for wait-time, or for both, and equipped with a taximeter, used for the transportation of passengers for hire over the public streets of the City and not over a defined route, irrespective of whether the operations extend beyond the boundary limits of the City, and such vehicle is routed as to destination under the direction of a passenger or of a person hiring the same.
g. Taximeter shall mean any mechanical instrument, instrument, appliance, device or machine by which the charge for hire of a passenger-carrying vehicle is mechanically calculated, either for distance traveled or time consumed, or both, and upon which instrument, appliance, device or machine such charge is indicated by figures.
h. Convenience vehicle shall mean every automobile or motor-propelled vehicle operated at a per-person rate used for the transportation of passengers for hire over public streets of the City and not over a defined route, all travel within the boundary limits of the City, and such vehicle is routed as to destination under the direction of a passenger or of a person hiring the same. (Ord. 730, eff. June 19, 1964; by §1, Ord. 1772, eff. 6/13/91; by §1, Ord. 1831, eff. 2/3/94; by §1, Ord. 1856, eff. 3/23/95, and by§1, Ord. 1879, eff. 2/15/96)
6-6.02 Owner’s License.
It shall be unlawful to operate any taxicab or convenience vehicle in the City unless the owner thereof shall apply for and obtain a license to do so, which license shall be applied for, granted and in effect, all in compliance with the provisions of this chapter. (Ord. 730, eff. June 19, 1964; by §1, Ord. 1772, eff. 6/13/91; by §1, Ord. 1831, eff. 2/3/94; and by §1, Ord. 1856, eff. 3/23/95)
6-6.03 Owner’s License: Application.
The application for an owner’s license shall be in writing, duly certified under oath and shall be filed with the Chief of Police. Each application shall set forth the following information:
a. The name and address of the applicant;
b. The names and addresses of all directors and officers, if the applicant is a corporation, and the names and addresses of any persons owning more than twenty (20%) percent of the voting stock of any applicant corporation, and the name and addresses of all partners, if the applicant is a partnership;
c. The make, type, year of manufacture, vehicle identification number (VIN), passenger seating capacity, and a statement of condition of each taxicab or convenience vehicle desired to be operated within the City;
d. The schedule of rates proposed to be charged;
e. The make and type of taximeter intended to be installed on each taxicab;
f. A description of the proposed color scheme, insignia, trade style, and/or any other distinguishing characteristics of the proposed taxicab or convenience vehicle design;
g. Such other additional information regarding the business which the applicant feels is necessary for consideration by the Chief of Police;
h. The applicant shall provide his or her fingerprints in the manner prescribed by the Chief of Police; and
i. License Tax. License tax for taxicabs or convenience vehicles shall be One Hundred and no/100ths ($100.00) Dollars per year for one taxicab or convenience vehicle plus Fifty and no/100ths ($50.00) Dollars per year for each additional taxicab or convenience vehicle licensed.
j. Investigation Fee. Before any license to operate a taxicab or convenience vehicle business shall be issued, the person commencing or operating such business shall have paid an investigation fee to cover the cost of processing the investigation. Said investigation fee shall be as provided in the Resolution Establishing Fees and Charges for Various Municipal Services, located in the office of the City Clerk.
k. An agreement to indemnify, defend and hold the City harmless against liability arising from the operation of the taxicab or convenience vehicle business. (Ord. 730, eff. June 19, 1964, amended by §1, Ord. 1094, eff. December 1, 1971; by §1, Ord. 1772, eff. 6/13/91; by §1, Ord. 1831, eff. 2/3/94; and by §1, Ord. 1856, eff. 3/23/95)
6-6.04 Owner’s Investigation.
The Chief of Police shall cause an investigation to be made and shall, within thirty (30) days of the filing of a complete application, unless delayed by the applicant, make a preliminary decision on the application. The application shall not be considered complete until all requirements of 6-6.03 have been completed by the applicant. The Chief of Police shall either deny or temporarily approve the application.
The temporary approval is subject to revocation by the Chief of Police should the investigation determine any of the following:
a. The applicant or any other person named in 6-6.03 has been convicted of a felony or the violation of a narcotic law or of any penal law involving moral turpitude, or during the previous sixty (60) days has been convicted of any law relating to traffic or the use of streets in the City; or
b. Any falsifications of the application. (Ord. 730, eff. June 19, 1964; by §1, Ord. 1772, eff. 6/13/91; by §1, Ord. 1831, eff. 2/3/94; and by §1, Ord. 1856, eff. 3/23/95)
6-6.05 Issuance.
The Business License Coordinator shall issue a license upon notification by the Chief of Police of temporary approval of the completed application. (Ord. 730, eff. June 19, 1964; by §1, Ord. 1772, eff. 6/13/91; by §1, Ord. 1831, eff. 2/3/94; and by §1, Ord. 1856, eff. 3/23/95)
6-6.06 Duration of License: Annual License.
Every owner’s license issued pursuant to the provisions of this chapter shall expire on June 30th of each year, unless suspended or revoked in the manner prescribed in this chapter, and unless determined otherwise, an application for renewal of owner’s license shall be filed on or before July of each year. The first license shall be for a term of the balance of the City’s fiscal year, and thereafter annual licenses shall be issued for the period from July 1st through June 30th. (Ord. 730, eff. June 19, 1964; by §1, Ord. 1772, eff. 6/13/91; by §1, Ord. 1831, eff. 2/3/94; and by §1, Ord. 1856, eff. 3/23/95)
6-6.07 Suspension or Revocation.
a. Suspension. The Chief of Police may suspend any license to operate a taxicab or convenience vehicle in the event he or she determines that the public safety or welfare would be benefited thereby and where mechanical or operations corrections cannot be immediately made to comply with the provisions of this chapter.
b. Revocation. The Chief of Police may after ten (10) days written notice to the owner revoke an owner’s license in the event of a violation or any judgment for damages arising from the operation of any or all vehicles, for which such license was issued, or that the public safety would be best served by such revocation of the owner’s license. (Ord. 730, eff. June 19, 1964; by §1, Ord. 1772, eff. 6/13/91; by §1, Ord. 1831, eff. 2/3/94; and by §1, Ord. 1856, eff. 3/23/95)
6-6.08 Driver’s Permit.
a. Permit Required. It shall be unlawful for any person to drive any taxicab or convenience vehicle in the City unless the driver has on his or her person a valid driver’s permit issued pursuant to this section. It shall be unlawful for any owner to permit any driver to drive any taxicab or convenience vehicle who does not possess a valid driver’s permit.
b. Application. Applications for a driver’s permit shall be submitted in writing on the form provided by the Chief of Police and shall include the following information:
1. The name, birth date, and current residential address of the driver;
2. The number of the driver’s current California driver’s license;
3. A recent fingerprint card completed by a public agency;
4. A recent photograph, size one and one-half (1-1/2") inches by one and one-half (1-1/2") inches;
5. The name, address and telephone number of the driver’s employer or, if the driver is an independent contractor, the company with which the driver has a lease or other operating agreement;
6. A completed background investigation questionnaire, including but not limited to information relating to the applicant’s criminal history, prior work history and prior residences;
7. Evidence of a negative test result for controlled substances and for alcohol as prescribed by this section; and
8. An application fee in the amount prescribed by resolution of the City Council.
c. Investigation. The Chief of Police may investigate the background of those drivers who in the Chief’s discretion and upon information and belief, warrant such investigation.
d. Issuance. The Chief shall issue the driver’s permit unless:
1. The applicant makes any false or incomplete statement on the application;
2. The applicant fails to provide a negative test result for controlled substances and/or for alcohol as required by this section.
3. The applicant has been convicted of a felony, or the violation of any narcotic law, or any law involving moral turpitude, or any law relating to traffic or the use of streets, and which conviction or convictions would, in the judgment of the Chief of Police, jeopardize the public safety and welfare if that applicant were to operate a taxicab or convenience vehicle in the City.
e. Duration of Permit. Every driver’s permit shall expire on June 30th of each year, unless suspended, revoked or made void at an earlier time. An application for renewal of the driver’s permit shall be filed on or before June 1 of each year. Notwithstanding the foregoing, the Chief of Police may administratively provide for a different duration of drivers’ permits and different deadlines for filing renewal applications. The renewal application shall contain the same information, and be processed in the same manner, as a new application pursuant to section 6-6.08(b) above.
f. Suspension or Revocation.
1. Suspension. The Chief of Police may suspend any driver’s permit in the event he or she determines that the public safety or welfare would be benefited thereby and where mechanical or operations corrections cannot be immediately made to comply with the provisions of this chapter.
2. Revocation. The Chief of Police may, after ten (10) days written notice to the owner, revoke a driver’s permit in the event of a violation or any judgment for damages arising from the operation of a taxicab or convenience vehicle by the driver, or upon a determination that any of the grounds for not issuing a driver’s permit exist, or upon determining that the public safety would be best served by such revocation of the driver’s permit. The driver shall be entitled to respond to the notice in writing, but shall not be entitled to make an oral presentation.
g. Termination of Employment. All employers shall notify the Chief of Police in writing within seven (7) days after terminating the employment of any driver. All companies which lease a taxicab or convenience vehicle to a driver or have any other type of operating agreement with a driver who is not an employee of that company shall notify the Chief of Police in writing within seven (7) days after terminating such an agreement with a driver. A driver’s permit shall immediately become void upon termination of the driver’s employment. The driver shall return the driver’s permit to the Chief of Police within seven (7) days after termination of employment.
h. Testing for Controlled Substances and Alcohol.
1. Drivers shall test negative for each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 Code of Federal Regulations before employment. Drivers shall test negative for these controlled substances and for alcohol as a condition of granting or renewing a driver’s permit. As used in this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.
2. Testing procedures shall be substantially as in Part 40 (Commencing with Section 40.1) of Title 49 Code of Federal Regulations, except that the driver 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 Code of Federal Regulations.
3. The holders of an owner’s license, or an applicant therefor, shall be responsible for ensuring that all persons employed by them as drivers, all applicants who have been offered positions or employment as drivers, and all persons to whom vehicles are leased to be used as taxicabs, have complied with this section.
4. In the case of a self-employed independent driver, the test results shall be reported (a) directly to the Chief of Police, who shall notify the taxicab leasing company of record, if any, of positive results, and (b) to the taxicab leasing company, which shall notify the Chief of Police of positive results. In such a case, the taxicab leasing company shall have full responsibility for obtaining such test results, and the Chief of Police shall not be liable in any way for failure to provide such notification. In all other cases, test results shall be reported directly to the employing transportation operator, who shall, within five (5) days of receipt of such results, notify the Chief of Police.
5. A test in any jurisdiction shall be accepted as meeting the requirements of this ordinance. Any negative test result shall be accepted for one year as meeting the requirement for the renewal of a driver’s permit if the driver has not tested positive subsequent to the negative result. However, an earlier negative result shall not be accepted as meeting the pre-employment testing requirement or the testing requirement for issuing a new driver’s permit.
6. Upon the request of a driver applying for a permit, the Chief of Police shall provide the driver with a list of the consortia certified pursuant to Part 382 (commencing with Section 382.101) to Title 49 Code of Federal Regulations that the Chief knows offer tests in or near the City.
7. All test results are confidential and shall not be released without the consent of the driver, except as authorized or required by law.
8. No evidence derived from a positive test result pursuant to the program shall be admissible in a criminal prosecution concerning unlawful possession, sale, or distribution of controlled substances. (Ord. 730, eff. June 19, 1964; by §1, Ord. 1772, eff. 6/13/91; by §1, Ord. 1831, eff. 2/3/94; and by §1, Ord. 1856, eff. 3/23/95; and by §1, Ord. 1970, eff. 10/19/00)
6-6.09 Operating Regulations.
a. Direct Route. Any driver employed to transport passengers to a definite point shall take the most direct route possible which will carry the passenger to his destination safely and expeditiously.
b. Receipts. Every driver, upon request, shall give a correct receipt upon payment of the correct fare.
c. Refusal to Pay Fare. It shall be unlawful for any person to refuse to pay the lawful fare of any of the vehicles regulated by this chapter after employing or hiring such vehicle.
d. Number of Passengers. No driver of any taxicab or convenience vehicle shall accept, take into his or her vehicle or transport any larger number of passengers than the rated seating capacity of his vehicle, irrespective of the age of the minor children.
e. Found Property. Property of value left in any taxicab or convenience vehicle by a passenger shall be forthwith reported by the owner to the Chief of Police.
f. Obedience to Safety Officers. The driver of any of the vehicles regulated by this chapter shall promptly obey all orders or instructions of any police officer or fireman.
g. Use of Stands. No driver shall stand, while awaiting employment, at any place other than at a duly designated taxicab stop nor shall he leave his taxicab unattended in a stand for a period of time longer than five (5) minutes.
h. Rights of Passengers. Any person engaging a taxicab shall have the exclusive right to the full use of the rear seat of the taxicab. While so engaged, no owner or driver shall solicit or carry additional passengers without obtaining the consent of the person first engaging such vehicle. (Ord. 730, eff. June 19, 1964; by §1, Ord. 1772, eff. 6/13/91; by §1, Ord. 1831, eff. 2/3/94; by §1, Ord. 1856, eff. 3/23/95; and by §2, Ord. 1970, eff.10/19/00)
6-6.10 Operating Requirements.
a. Taximeters.
1. Required. It shall be unlawful for any owner or driver to operate any taxicab in the City unless such vehicle is equipped with a taximeter tested and sealed in that vehicle by Contra Costa Weights and Measures. It shall be the duty of every owner operating a taxicab to keep such taximeter in perfect condition so that such taximeter will, at all times, correctly and accurately indicate the correct charge for the distance traveled and waiting time. Such taximeter shall be at all times subject to inspection by any inspector appointed or by any police officer. Such inspector or police officer is hereby authorized, at his or her instance or upon complaint of any person, to investigate, or cause to be investigated, such taxi meter and, upon the discovery of any inaccuracy in such taximeter, to remove or cause to be re moved such vehicle equipped with such taximeter from the streets of the City until such time as the taximeter shall have been correctly adjusted.
2. Operation of Taximeter. Every taximeter shall register each fare to the nearest ten (10) cents and display each fare as the trip progresses. During the course of each trip, the driver shall activate the taximeter at the start of the trip and deactivate the meter immediately upon reaching the destination. The driver shall not operate the taximeter in any way that displays a fare in excess of the maximum permitted rate under this Section. This section shall apply to all trips which have an origination and/or destination within the City.
3. Charges. All charges for the transportation of passengers in taxicabs operated in the City shall be based on the charges indicated on such taximeters, and it shall be unlawful for any owner, driver or operator of any taxicab to charge any passenger any sum in excess of the sum indicated on the taximeter. This subsection shall not prevent the driver or operator from charging a fixed rate fare for a trip, provided that such fare does not exceed the sum indicated on the taximeter, the passenger is informed of the fare prior to commencing the trip, and a notice of these requirements is posted in the taxi in a size and location clearly visible to any passenger riding in the rear seat.
4. Placing of Taximeter. The taximeter shall be placed in the taxicab so that the fare is readily discernible by the passenger riding in such taxicab during the course of the trip
b. Taxicab Rates. The maximum rates or fares to be charged the public for taxicab service within the City shall be so fixed and established by the Transportation Commission after ten (10) days’ notice and an opportunity for hearing before the Commission. Prior to the operation of any vehicle under the provisions of this chapter, the owner shall file with the Revenue Collection Coordinator, in duplicate, a complete rate schedule to be charged and the Revenue Collection Coordinator shall file a copy thereof with the Transportation Administrator. A changed rate schedule may be likewise filed from time to time by the owner. No person operating or in charge of any taxicab within the City shall charge, receive or collect any rate or fare for such taxicab service greater than that authorized by the Commission. Any person may appeal that decision to the City Council which shall either affirm or modify the Commission’s decision. The maximum permitted rate, together with any commonly charged fixed rates, shall be posted in the taxi in a size and location clearly visible to any passenger riding in the rear seat.
c. Taxicab Vehicle Equipment and Identification.
1. No vehicle shall, under the license to the owner, be operated as a taxicab or convenience vehicle unless it conforms with all of the provisions of this chapter.
2. Taximeters placed upon taxicabs, either in the first operation or to replace broken or faulty meters, shall not be operated more than twenty-four (24) hours prior to being inspected, tested, approved and sealed by Contra Costa County Weights and Measures.
3. Each taxicab or convenience vehicle shall have on both sides and the rear of the vehicle the name of the owner, or name under which operated, and the words "Walnut Creek", in letters in sharp contrast to the background and be of such size, shape and color as to be readily legible during daylight hours at a distance of 50 feet. Each taxicab or convenience vehicle shall have on the rear of the vehicle the license decal issued to such vehicle by the Chief of Police.
d. Inspections and Sanitation.
1. Prior to any new or replacement vehicle being placed into service, the owner shall file the following with the Chief of Police:
(a) A certificate from a State-approved inspection station certifying that the brakes and lighting/signaling system of the taxicab or convenience vehicle is in an operative and safe condition.
(b) Documentation from Contra Costa County Weights and Measures indicating that the taximeter has been inspected within the past month and is registering accurately.
(c) A copy of the current vehicle registration card.
(d) Documentation from the Revenue Collection Coordinator that business license taxes for the vehicle have been paid, or documentation showing that no business license taxes are due because the vehicle is a replacement rather than an additional vehicle.
(e) A certificate of insurance listing the vehicle identification number indicating that the specific vehicle is covered by insurance as required by Section 6-6.11 below.
Upon receipt of the foregoing, the Chief of Police shall issue a license decal for the vehicle which shall be displayed pursuant to subsection 6-6.10(c)(3) above. The license decal may only be placed on the vehicle for which it was issued.
2. The Chief of Police, or his or her designee, shall have the right at any time after displaying proper identification to enter into or upon any licensed taxicab or convenience vehicle for the purpose of ascertaining whether or not any of the provisions of this chapter are being violated.
3. Any taxicab or convenience vehicle which is found, after any such inspection, to be unsafe or in any way unsuitable for service shall be immediately ordered out of service and, before again being placed in service, shall be placed in a safe condition, and the owner shall furnish the Chief of Police with a certificate from a State approved inspection station, stating that the condition has been corrected and that the vehicle is in an operative and safe condition.
4. The interior of every taxicab shall be thoroughly cleaned, and an inspection shall be made of the steering, braking, signaling and light systems and of the tires at least once in every twenty-four (24) hours by the driver of the taxicab.
5. Every taxicab and convenience vehicle shall be operated and maintained in strict compliance with the California Vehicle Code and all other laws and regulations.
e. Driver Log. Every taxicab and convenience vehicle driver shall maintain a written log of the number of hours, including starting and stopping times, each day within the past thirty (30) days that the driver has driven a taxi or other vehicle designated or used for transporting persons for compensation. Every such driver shall keep the written log within the taxi or convenience vehicle that the driver is operating. Every such driver shall make the written log available to any peace officer upon request at any time that the driver is operating the taxi or convenience vehicle. (Ord. 730, eff. June 19, 1964, amended by §1, Ord. 1094, eff. December 1, 1971; by §1, Ord. 1772, eff. 6/13/91; by §1, Ord. 1831, eff. 2/3/94; and by §1, Ord. 1856, eff. 3/23/95; and by §3, Ord. 1970, eff. 10/19/00.
6-6.11 Insurance Requirements.
Before any owner’s license shall be issued, the owner shall be required to obtain and thereafter keep in full force and effect, a policy of insurance in such form as the Risk Manager may deem proper, executed by an insurance company approved by the Risk Manager. Such policy of insurance shall insure the owner and the driver of each of the vehicles operated, or to be operated, under the owner’s license against liability for damage to property and for injury to, or the death of, any person as a result of the ownership, operation or other use thereof. The minimum liability limits upon each such vehicle shall be not less than $100,000 on account of personal injury to, or the death of, any one person in any one accident and $300,000 on account of personal injury to, or the death of, two (2) or more persons in any one accident, and the minimum liability limits upon each such vehicle shall be not less than $50,000 for damage to, or the destruction of, property in any one accident. A certificate of insurance shall also be provided stating that such policy will not be cancelled or materially changed to lower the coverage limits or delete particular vehicles until notice in writing shall be given to the City of Walnut Creek, addressed in care of the Risk Manager, City of Walnut Creek, 1666 North Main Street, P.O. Box 8039, Walnut Creek, California, at least thirty (30) days immediately prior to the time such cancellation or change shall become effective. All such policies and insurance certificates shall include the vehicle identification numbers of all vehicles covered by the policy. (Ord. 730, eff. June 19, 1964; by §1, Ord. 1772, eff. 6/13/91; by §1, Ord. 1831, eff. 2/3/94;by §1, Ord.1856, eff. 3/23/95; §4, Ord. 1970, eff.10/19/00; §1, Ord. 2014, eff. 6/05/03 and by §1, Ord. 2021, eff. 1/15/04)
6-6.12 Penalties.
Any person who violates any provision of this Chapter shall be deemed guilty of a misdemeanor or an infraction.
a. If charged as an infraction the penalty upon conviction of such person shall be a fine as set forth in section 1-2.01 of this Code.
b. If charged as a misdemeanor, the penalty upon conviction of such person shall be imprisonment in the county jail for a period not to exceed six months, or by a fine not exceeding $1,000, or by both such fine and imprisonment. (§5 Ord. 1970, eff. 10/19/00)