Chapter 5.36
REGULATION OF TAXICABS*

5.36.010    Definitions.

5.36.020    Soliciting patronage.

5.36.030    Obstructing traffic.

5.36.040    Misrepresentation—Conveying persons to places other than proper destination.

5.36.050    Misrepresentation of ownership.

5.36.060    Liability insurance required.

5.36.070    Limits of policy.

5.36.080    Persons to be insured.

5.36.090    Cancellation or suspension.

5.36.100    Failure to report property left in vehicle.

5.36.110    Number of vehicle to be given on request.

5.36.120    Card containers—Information required.

5.36.130    Identification of owner and schedule of rates to be displayed.

5.36.140    Driver’s permit—Chauffeur’s permit.

5.36.150    Issuance—Duration—Renewal.

5.36.160    Application for permit.

5.36.165    Permit renewal.

5.36.170    Permit required for employment.

5.36.180    Qualifications of driver.

5.36.190    Fingerprinting—Photographs.

5.36.200    Notice of employment and termination of employment.

5.36.210    Suspension.

5.36.220    Revocation.

5.36.230    Appeal.

5.36.240    Business permit required.

5.36.250    Restrictions on issuance.

5.36.255    Vehicle permit required.

5.36.260    Separate number for each vehicle.

5.36.270    Location and specifications of number on vehicle.

5.36.280    Additional vehicles.

5.36.290    Basis for charge.

5.36.300    Taximeter—Location in taxicab.

5.36.310    Permit fee.

5.36.320    Violation and penalties.

5.36.330    Enforcement.

*    Prior ordinance history: Prior code §§ 25.1 — 25.44 and Ord. 880.

5.36.010 Definitions.

For the purposes of this chapter the following words and phrases have the meanings respectively ascribed to them by this section:

(1)    "Driver" includes every person in charge of driving or operating any motor-propelled vehicle mentioned in this chapter, either as agent, employee or otherwise.

(2)    "Owner" means every person having use or control of any passenger-carrying automobile or motor-propelled vehicle, as defined in this section, whether as owner, lessee or otherwise.

(3)    "Taxicab" means every motor-propelled vehicle used solely or mainly for the transportation of passengers for hire on call or demand over the public streets of the city, irrespective of whether the operations extend beyond the boundary limits of the city, and between such points and over such routes as may be directed by the passenger or passengers, such vehicle being of a distinctive color or insignia, or of public appearance such as is in common usage in this nation for taxicabs. (Ord. 1023 § 2 (part), 1984).

5.36.020 Soliciting patronage.

It is unlawful for any person to solicit patronage for any taxicab on the public streets or grounds; but the fact that the taxicab displays a device to indicate that the taxicab is not engaged, or that the driver calls "taxi" or other similar word, shall not of itself be considered as soliciting patronage. (Ord. 1023 § 2 (part), 1984).

5.36.030 Obstructing traffic.

No driver of a taxicab or automobile shall seek employment by repeatedly and persistently driving his vehicle within a short space or by otherwise interfering with the proper, orderly access to, or egress from, any theater, hall, hotel, public resort, railroad station, or any other place of gathering. (Ord. 1023 § 2 (part), 1984).

5.36.040 Misrepresentation—Conveying persons to places other than proper destination.

It is unlawful for any driver or any agent of any driver or owner of any taxicab to misrepresent in any manner whatsoever the character of the business engaged in, or being solicited for, or to impersonate or attempt to impersonate any other driver, agent or owner of any taxicab in the conveyance or transportation of persons, baggage or merchandise to any place or destination other than the place or destination engaged for. (Ord. 1023 § 2 (part), 1984).

5.36.050 Misrepresentation of ownership.

It is unlawful for any person soliciting patronage for any taxicab to represent by word or sign or hat band or insignia or badge or by his manner or style of dress, that the vehicle for which he is soliciting such patronage is a vehicle owned or operated by a person other than the one who actually owns and operates the vehicle. (Ord. 1023 § 2 (part), 1984).

5.36.060 Liability insurance required.

It is unlawful for any person to drive or operate, or cause or permit to be driven or operated, any taxicab in the city unless the owner has placed on file with the city clerk a written certificate of a corporation authorized to issue such policy under the laws of the state, that it has issued to or for the benefit of the owner, a motor vehicle liability policy which, at the date of such certificate, is in full force and effect, and designating therein that any and all taxicabs which may be driven or operated under any permit granted to such person under the provisions of this chapter are or will be covered under such policy. (Ord. 1023 § 2 (part), 1984).

5.36.070 Limits of policy.

The motor vehicle liability policy required under the provisions of Section 5.36.060 shall insure the owner, as defined in Section 5.36.010, and any other person using or responsible for the use of any such vehicle, with the consent, express or implied, of the owner, against loss from the liability imposed upon the owner by law for injury to, or death of, any person, or damage to property, growing out of the maintenance, operation or ownership of any taxicab. The liability coverage shall have a minimum combined single limit of three hundred thousand dollars. (Ord. 1224, 1997; Ord. 1023 § 2 (part), 1984).

5.36.080 Persons to be insured.

The motor vehicle liability policy required by Section 5.36.060 shall inure to the benefit of any and all persons suffering loss of damage either to person or property, as provided in Section 5.36.070, and the liability of the insurance carrier shall be in no manner abrogated or abated by the death of the tort-feasor, driver or owner. (Ord. 1023 § 2 (part), 1984).

5.36.090 Cancellation or suspension.

Every certificate required under the provisions of Section 5.36.060 shall certify that the motor vehicle liability policy therein cited shall not be canceled except upon at least twenty days’ prior written notice thereof to the council. The motor vehicle liability insurance shall be continuing liability up to the full amount thereof, notwithstanding any recovery thereon, and the certificate thereof shall so certify. All motor vehicle liability policies and all certificates thereof shall be subject to the approval of the city attorney in any and all matters, and if at any time, in the judgment of the council, the motor vehicle liability policies are not sufficient for any cause, the council may require the owner of the public motor vehicle who filed the same to replace such motor vehicle policies within ten days with other policies in accordance with provisions of this chapter. If the owner fails to replace the motor vehicle policies within such ten-day period with good and sufficient policies, as aforesaid, then at the termination of the period the owner’s permit issued hereunder shall be by such failure automatically suspended until such time as the requirement is complied with, and the chief of police shall enforce the suspension. (Ord. 1023 § 2 (part), 1984).

5.36.100 Failure to report property left in vehicle.

It is unlawful for the driver or operator of a public vehicle for hire to fail to report to the owner at once all property of value left in his vehicle by passengers and not returned to the lawful owner, and it is unlawful for the owner to fail to report the existence of such property to the chief of police after the expiration of forty-eight hours. (Ord. 1023 § 2 (part), 1984).

5.36.110 Number of vehicle to be given on request.

Any person driving or having control of a vehicle on which a number is required to be placed shall give the number of his vehicle on the inquiry of any person. (Ord. 1023 § 2 (part), 1984).

5.36.120 Card containers—Information required.

Each taxicab licensed to operate in this city shall have located in a convenient place in the driver’s compartment and in view of the passengers therein two containers of type and design approved by the chief of police. The containers shall contain cards provided by the chief of police bearing the following information.

(1)    One such container shall have the permit issued for such individual taxicab licensed to operate in the city.

(2)    One such container shall contain the driver’s permit. (Ord. 1158 § 2, 1993: Ord. 1023 § 2 (part), 1984).

5.36.130 Identification of owner and schedule of rates to be displayed.

There shall be displayed in the passenger compartment of each taxicab in full view of the passenger, a card not less than two inches by four inches in size, which shall have plainly printed thereon the name of the owner, or the fictitious name under which the owner operates, the business address and telephone number of the owner, and a correct schedule of the rates prescribed by this chapter to be charged for conveyance in such vehicle. (Ord. 1023 § 2 (part), 1984).

5.36.140 Driver’s permit—Chauffeur’s permit.

No person shall act as a driver or chauffeur of any taxicab unless he holds a valid driver’s permit from the chief of police and a valid California driver’s license.

An annual fee in an amount established by resolution shall be charged by the chief of police for the permit. (Ord. 1023 § 2 (part), 1984).

5.36.150 Issuance—Duration—Renewal.

Driver’s permits shall be issued as of the first of July of each year, and every year, and shall be valid unless suspended or revoked as provided in Sections 5.36.210 and 5.36.220, up to and including the thirtieth of June next succeeding. The chief of police may cause the renewal of the driver’s permit from year to year by appropriate endorsement of the chief of police upon the application for renewal of permit. (Ord. 1023 § 2 (part), 1984).

5.36.160 Application for permit.

The driver in applying for a driver’s permit shall make the application upon a form to be furnished by the chief of police, accompanied by a nonrefundable application fee in an amount established by resolution of the council. (Ord. 1158 § 3, 1993: Ord. 1023 § 2 (part), 1984).

5.36.165 Permit renewal.

The driver in applying for renewal of a driver’s permit, shall make the application upon a form to be furnished by the chief of police, thirty days prior to expiration date of the current driver’s permit. (Ord. 1158 § 4, 1993).

5.36.170 Permit required for employment.

It is unlawful for any person who conducts, manages or carries on the business of operating a taxicab to employ as a driver of any such vehicle one who does not possess a valid driver’s permit issued pursuant to this chapter. (Ord. 1023 § 2 (part), 1984).

5.36.180 Qualifications of driver.

Each applicant for a driver’s permit from the chief of police must meet the following prerequisites:

(1)    Be of good moral character;

(2)    Be of the age of eighteen years or more;

(3)    Possess no physical or mental infirmity which could create a significant risk of injury to the applicant, a taxicab passenger or a member of the public and not to be addicted to the use of intoxicating liquor or narcotics, which might render him unfit for the safe operation of a taxicab;

(4)    Fill out a blank form to be provided by the chief of police, a statement giving the following information and answering the following questions:

(A)    Full name, residence, age, place of birth, height, weight, color of eyes;

(B)    Has driver’s license ever been revoked or suspended?

(C)    Have you ever been convicted of a felony?

(D)    Have you ever had an accident while operating a motor vehicle?

(E)    Have you any mental or physical incapacity or infirmity of which you are aware which would in any way interfere with the proper management and control by you of a motor vehicle?

(F)    Have you ever been convicted of any offense involving the use or misuse of intoxicating liquor or any drug or narcotic?

(G)    And such other information as might be required by the chief of police. (Ord. 1023 § 2 (part), 1984).

5.36.190 Fingerprinting—Photographs.

The applicant shall be fingerprinted by, and his record filed in, the police department division of identification. The driver shall be photographed and a photograph shall be permanently attached to his driver’s permit when issued. The permit shall be posted in a place conspicuous from the passenger’s compartment of the public motor vehicle for hire, while the driver is operating the same. (Ord. 1023 § 2 (part) 1984).

5.36.200 Notice of employment and termination of employment.

Every person holding a permit under this chapter to engage in the taxicab business must, upon employing a driver, notify the chief of police within seventy-two hours of the name of the driver and the driver’s permit number; whenever a driver leaves the employment of such person, he must notify the chief of police of the driver’s name and permit number within seventy-two hours thereafter. (Ord. 1023 § 2 (part), 1984).

5.36.210 Suspension.

Drivers’ permits may be suspended by the chief of police as follows:

(1)    Any person twice convicted of moving traffic violations, other than those referred in Section 5.36.220, within a period of six months, may have his driver’s permit suspended for ten days;

(2)    Any person three times convicted of moving traffic violations, other than those referred to in Section 5.36.220, within a period of six months, shall have his driver’s permit suspended for thirty days. (Ord. 1023 § 2 (part), 1984).

5.36.220 Revocation.

The chief of police may revoke or refuse to renew a driver’s permit if the driver or applicant has, since the granting of his permit:

(1)    Been convicted of a felony;

(2)    Had his California driver’s license revoked or suspended;

(3)    Been convicted of driving while under the influence of intoxicating liquors;

(4)    Been convicted of driving while under the influence of narcotics;

(5)    During any continuous six-month period, had three or more convictions of any of the offenses set forth in Sections 13550, 22350 through 22352, or 23103 through 23104 of the Vehicle Code and amendments thereto, or any combination of either or any of such offenses;

(6)    The chief of police discovers that false answers have deliberately been given in the application for the driver’s permit;

(7)    When for any reason, including or other than the above, in the opinion of the chief of police, the applicant is unfit to drive a taxicab. (Ord. 1023 § 2 (part), 1984).

5.36.230 Appeal.

Any person whose driver’s permit has been suspended, revoked, or the renewal of which has been refused by the chief of police, may within ten days after receipt of notice thereof appeal to the council for a hearing thereof; and the decision of the council in regard shall be final. If no appeal is taken within ten days, the action of the chief of police shall be final. (Ord. 1023 § 2 (part), 1984).

5.36.240 Business permit required.

It is unlawful for any person to engage within the city in the business of operating any taxicab, without having first procured a permit in writing from the chief of police of the city, authorizing him so to do. Applicants for the permit shall file with the chief of police an application upon blanks furnished by the chief of police, containing full information concerning the fictitious name under which the applicant intends to conduct the business and the peculiar or distinguishing color scheme or design or dress (including any monogram or insignia) intended to be used upon his vehicle or vehicles, the number of vehicles proposed to be operated, the type of such vehicles and such other information as the chief of police may require. In addition, such applicant must have a business license issued under the provisions of Chapter 5.04. (Ord. 1023 § 2 (part), 1984).

5.36.250 Restrictions on issuance.

No business permit shall be issued by the chief of police to any person if evidence of the following appears:

(1)    That the person or firm making the application is not a bona fide one, or is not authorized to do business in this state;

(2)    That the person or firm making the application is not of good moral character;

(3)    That the person proposes to engage in the 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 already engaged in the same business in the city as will or may tend to deceive; or the person proposes to use upon his vehicle(s) a peculiar or distinguishing color scheme or design or dress which in the opinion of the chief of police imitates or so closely resembles a color scheme or design or dress already used upon the vehicle(s) of any other person engaged in the same business, as will or may tend to deceive or defraud the public. (Ord. 1023 § 2 (part), 1984).

5.36.255 Vehicle permit required.

Each taxicab shall be issued an annual vehicle permit by the chief of police. (Ord. 1158 § 5, 1993).

5.36.260 Separate number for each vehicle.

The vehicle permit shall designate a separate number to be placed upon each vehicle to be operated by the permittee. (Ord. 1158 § 6, 1993: Ord. 1023 § 2 (part), 1984).

5.36.270 Location and specifications of number on vehicle.

The number so designated pursuant to Section 5.36.260 and the name of the permittee shall be placed on each particular taxicab in letters and figures not less than two inches in height in the place or places, and in the color directed by the chief of police. (Ord. 1023 § 2 (part), 1984).

5.36.280 Additional vehicles.

Should any person holding a permit from the chief of police to operate one or more taxicabs or automobiles desire to add to the number of such motor vehicles, application shall be made to the chief of police in the same general form as the original application, and the chief of police shall grant the right to operate the additional motor vehicles by issuing a permit in the same form as the original designating the numbers to be placed on the additional cabs. (Ord. 1023 § 2 (part), 1984).

5.36.290 Basis for charge.

All charges for transportation of passengers in taxicabs operated in the city must be based on the charges indicated on a taximeter, and it is unlawful for an owner, driver or operator of any taxicab to charge any passenger or passengers any sum in excess of the sum indicated on a taximeter. (Ord. 1023 § 2 (part), 1984).

5.36.300 Taximeter—Location in taxicab.

The taximeter shall be so placed in the taxicab that the reading dial showing the amount to be charged is well lighted and readily discernible by the passenger riding in the taxicab. (Ord. 1023 § 2 (part), 1984).

5.36.310 Permit fee.

A permit fee in an amount established by resolution of the council shall be due upon issuance of any permit or permit renewal required by the provisions of this chapter. (Ord. 1158 § 7, 1993).

5.36.320 Violation and penalties.

(a)    Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of one hundred fifty hundred dollars for the first offense and on each subsequent offense by a fine of three hundred dollars.

(b)    Each and every violation of any provision of this chapter shall be deemed to be a separate offense and shall be punishable as provided in this section. (Ord. 1158 § 8, 1993).

5.36.330 Enforcement.

The chief of police shall enforce the provisions of this chapter. (Ord. 1158 § 9, 1993).