Chapter 5.36
VEHICLES FOR HIRE
Article 1
In General
Sections:
5.36.010 Definitions.
5.36.020 Registration of rates.
5.36.030 Supervision of vehicles for hire—General maintenance standards.
Article 2
Operating Regulations
Sections:
5.36.040 Taximeter requirements.
5.36.050 Restriction on number of passengers.
5.36.060 Exclusive use by customer.
5.36.070 Drivers to take most direct route.
5.36.080 Receipts—Disputes as to fares.
5.36.090 Refusal to pay fare.
5.36.100 Refusal to carry passengers.
5.36.110 Hours of operation.
Article 3
Permits
Sections:
5.36.120 Permit required—Application—Fees—Investigation of applicant.
5.36.130 Issuance of permit—Grounds for denial.
5.36.140 Temporary permits.
5.36.150 Issuance, posting and contents of permit.
5.36.160 Driver to give notice of change of employment.
5.36.170 Duration of permit—Renewals.
5.36.180 Revocation generally.
5.36.190 Appeal from denial or revocation.
Article 4
Insurance Requirements
Sections:
5.36.200 Required—Limitations.
5.36.210 Scope of policy.
5.36.220 Effect of cancellation.
Article 5
Stands
Sections:
5.36.230 Designation.
5.36.240 Written permission of occupants adjacent to spaces required.
5.36.250 Contents of stand permit.
5.36.260 Revocation of stand permit.
5.36.270 Unlawful standing of taxicabs.
Article 6
Passenger Buses
Sections:
5.36.280 Operation of passenger buses.
5.36.290 Disembarking and embarking of passengers.
5.36.300 Parking of passenger buses.
5.36.310 Exemptions.
5.36.320 Signs and markers.
5.36.330 Violation—Penalty.
Article 1
In General
5.36.010 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
“Driver” means every person in charge of, or operating, taxicab or rent car, either as agent, employee or otherwise under the direction of the owner, or as owner.
“Owner” means every person, firm or corporation having use or control of any taxicab or rent car, whether as owner, lessee or otherwise.
“Passenger bus” means any motor vehicle designed for carrying ten (10) or more passengers and engaged in the transportation of persons for compensation.
“Rent car” means every automobile or motor-propelled vehicle, excluding taxicabs, operated at rates per hour, and not 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 and 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 such passenger or of such person hiring the same.
“Street” means any place commonly used for the purpose of public travel.
“Taxicab” means every automobile or motor-propelled vehicle operated at rates per mile or for wait-time, or for both, and equipped with either a taximeter or some other device or apparatus by which the distance traveled can be measured or determined, used for the transportation of passengers for hire over the public streets of the city and not over a defined route and 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 such passenger or of such person hiring the same.
“Taximeter” means any mechanical 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 such instrument, appliance, device or machine such charge is indicated by figures. (Prior code § 15.1)
5.36.020 Registration of rates.
Every owner shall register with the city clerk a written schedule of rates for services which may be amended or revised by the owner at any time by registering with the city clerk the written amendment. It is unlawful for the driver or owner of any taxicab or rented automobile to charge or collect for services any rate more or less than the schedule rate for such service registered with the city clerk. (Prior code § 15.2)
5.36.030 Supervision of vehicles for hire—General maintenance standards.
All public passenger vehicles for hire shall be under the supervision and control of the chief of police and he or she shall not permit any driver to operate any taxicab or rent car in the city, while same or any equipment used thereon, or therewith, shall be unsafe, defective or unsanitary condition, and every taxicab or rent car shall be at all times subject to the inspection of any police officer of the city. (Prior code § 15.3)
Article 2
Operating Regulations
5.36.040 Taximeter requirements.
Every taxicab permitted pursuant to this chapter shall be equipped with a taximeter which shall be kept operating at all times within such standards of accuracy as may be prescribed by the chief of police and which shall be installed in such a manner as to permit the passenger to see the amount of the fare as registered. (Ord. 02-2 § 2 (part): prior code § 15.12)
5.36.050 Restriction on number of passengers.
No driver shall permit more passengers to be carried in a taxicab or rent car than the rated seating capacity of each taxicab or rent car as fixed by the chief of police and set out in the individual taxicab permit. (Ord. 02-2 § 2 (part): prior code § 15.13)
5.36.060 Exclusive use by customer.
When a taxicab or rent car is engaged by a customer, that customer shall have the exclusive right to the full and free use of the passenger compartment from the time of engaging such taxicab or rent car until the customer is delivered to the designated destination, and no driver of a taxicab or rent car shall solicit or carry additional customers therein without the express consent of the original customer. (Prior code § 15.14)
5.36.070 Drivers to take most direct route.
Any driver employed to transport passengers to a definite point shall take the most direct route that will take the passengers to their destination. (Prior code § 15.15)
5.36.080 Receipts—Disputes as to fares.
If requested, every driver shall give a receipt upon payment of the correct fare. In case of a dispute, the matter shall be determined by the officer in charge at the police station. Failure to comply with such determination shall subject the offending party to a charge of misdemeanor. (Prior code § 15.16)
5.36.090 Refusal to pay fare.
It is unlawful for any person, except where credit is extended, to refuse to pay the lawful fare, as fixed by this chapter for the use of any taxicab or rent car, after hiring the same. (Prior code § 15.17)
5.36.100 Refusal to carry passengers.
It is unlawful for any driver, operating under a permit issued pursuant to the terms of this chapter to refuse, when the vehicle is in service and not otherwise engaged, to transport any person who presents himself or herself for carriage in a sober and orderly manner and for a lawful purpose. (Prior code § 15.18)
5.36.110 Hours of operation.
It is unlawful for any person to operate any taxicab unless such person shall make a available the use and the rental of the taxicab to transport any person who represents himself or herself for carriage between the hours of eight o’clock a.m. to twelve midnight. (Prior code § 15.19)
Article 3
Permits
5.36.120 Permit required—Application—Fees—Investigation of applicant.
A. It is unlawful for any owner or driver to operate, and for any owner to permit the operation of any taxicab or rent car in the city unless both the owner and the driver have obtained a taxicab permit and paid any permit fee required by city council resolution.
B. Every person engaging in the operation of a taxicab or rent car business shall apply for a taxicab permit on a form provided by the chief of police. In addition to any other information deemed necessary by the chief of police, the application shall contain the following information:
1. The name and address of the applicant;
2. A statement of whether applicant is the owner or driver, or both, of a vehicle(s) for hire;
3. Applicant’s past experience in operating motor vehicles and names and addresses of his or her employers during the preceding three years;
4. The number and type of existing driving licenses issued to applicant by the state Department of Motor Vehicles;
5. Whether or not a driving license issued to applicant has ever been revoked;
6. A list of all crimes of which applicant has been convicted other than minor traffic violations;
7. If applicant is a driver, then the name and address of the owner or owners by whom applicant will be employed; and if the applicant is an owner, then the name and address of all drivers whom applicant employs within the city;
8. The number of vehicles to be operated;
9. The make, model, serial number, motor number and state license plate number of each taxicab or rent car;
10. A description of the distinguishing color or identification scheme of the taxicab or rent car;
11. Location of off-street parking stands;
12. Proof of financial responsibility of the applicant and likelihood of the proposed service being permanent, responsible and satisfactory;
13. Any additional information which may be required.
C. All applicants shall be fingerprinted by the police department and shall furnish with their application two recent photographs, size one and one-half inches by one and one-half inches, one to be filed with the application and one to be securely attached to the permit if applicant qualifies for the issuance thereof.
D. It is unlawful for an owner or driver to make any false or misleading statements in the application for a taxicab permit.
E. Identification and fingerprinting fees, as set by council resolution, shall be paid by each applicant at the time of submitting an application for a permit under this chapter.
F. Upon receipt of an application for a permit, the city clerk shall forward it to the chief of police who shall conduct an investigation concerning the truth of the facts stated in the application, the character of the applicant, the condition of the premises upon which the proposed permitted activity is to take place, and whether the taxicab or rent car to be permitted conform to applicable state and local vehicle requirements. (Ord. 02-2 § 3 (part): prior code § 15.20)
5.36.130 Issuance of permit—Grounds for denial.
In determining whether to grant or deny an application, the police chief shall consider the financial responsibility of the applicant; the number, kind and type of equipment; and the effect of the proposed service on the use of city streets and alleys.
The police chief may deny the permit application if he or she finds that:
A. The applicant has been convicted of a crime, if the crime is substantially related to the qualifications, functions, or duties of the business, profession or occupation for which the permit is to be issued;
B. The applicant has committed any act involving dishonesty, fraud or deceit with intent to substantially benefit himself or herself or another, or substantially injure another;
C. The applicant knowingly made a false statement of fact required to be revealed in the application for the permit, or in any amendment of report to be made thereunder;
D. The applicant does not possess a valid drivers license issued by the state of California;
E. The applicant has violated any provision of this chapter; or
F. Issuance of the permit would be inconsistent with public health, safety or general welfare. (Ord. 02-2 § 3 (part): prior code § 15.21)
5.36.140 Temporary permits.
Pending investigation and issuance of a taxicab permit, the police chief is authorized and delegated to issue a temporary thirty (30) day permit for the operation of a taxicab or rent car business. (Ord. 02-2 § 3 (part): prior code § 15.22)
5.36.150 Issuance, posting and contents of permit.
A. Upon approval of the application, the chief of police shall issue to the applicant a master taxicab permit and individual taxicab permits for each taxicab or rent car to be permitted. The master taxicab permit shall state the date of issuance, the term of the permit, and the information stated in the application. The individual taxicab permit shall be identical to the master taxicab permit except that it shall be of a size convenient for display in the taxicab or rent car and in addition shall state the motor number, state license plate number, and passenger seating capacity of the taxicab or rent car for which it is issued.
B. The master taxicab permit and the individual taxicab permits shall be nontransferable and nonassignable.
C. The taxicab permit shall be fixed in a conspicuous place in the taxicab or rent car so as to be seen from the passenger’s compartment. (Ord. 02-2 § 3 (part): prior code § 15.23)
5.36.160 Driver to give notice of change of employment.
If a driver changes his or her employment to a different owner, he or she shall, within twenty-four (24) hours thereafter, notify the chief of police for the purpose of having his or her taxicab permits changed so as to property designate the name of the new employer. (Ord. 02-2 § 3 (part): prior code § 15.24)
5.36.170 Duration of permit—Renewals.
A taxicab permit issued under this chapter shall continue in effect until suspended or revoked. (Ord. 02-2 § 3 (part): prior code § 15.25)
5.36.180 Revocation generally.
The chief of police may at any time after hearing, suspend, alter, amend or revoke any permit or permit upon any of the grounds on which it might have denied a permit in the first instance. (Ord. 02-2 § 3 (part): prior code § 15.26)
5.36.190 Appeal from denial or revocation.
A. Any interested person may appeal a decision of the police chief under this chapter to the city council. Such appeal shall be taken by filing with the city clerk a written statement of the grounds for appeal written fourteen (14) days after notice of the decision of permit denial, suspension, alteration, or revocation has been given.
B. The city clerk shall set the appeal for hearing before the city council and shall give five days written notice of the hearing to the applicant. In the event that the appeal is relative to an owner application, notice shall also be given to all existing permitted taxicab and rent car businesses in the city. The city council shall hear all interested parties and, if in its determination, public convenience requires the granting of the permit and the granting of the permit to the applicant would be in the best interests of this city and its inhabitants, the city council shall grant such permit. The city council may deny a permit to any applicant on the grounds set forth in Section 5.36.130. (Ord. 02-2 § 3 (part): prior code § 15.27)
Article 4
Insurance Requirements
5.36.200 Required—Limitations.
Every owner of a vehicle used in the transportation of passengers for hire, including taxicabs or rent cars, shall maintain an automobile public liability insurance policy issued by an insurance company authorized or admitted to do business in California that complies with the requirements of California Vehicle Code Section 16500. (Ord. 02-2 § 4: prior code § 15.28)
5.36.210 Scope of policy.
The policy of insurance required by the preceding section shall guarantee the payment to any and all persons suffering injury or damage to person or property of any final judgment rendered against such owner or driver, within the limits mentioned in Section 5.36.200, irrespective of the financial condition or any acts or omissions of such owner or driver, and shall inure to the benefits of such persons. (Prior code § 15.29)
5.36.220 Effect of cancellation.
If, at any time, the policy of insurance is cancelled by the company issuing the same, or the authority of the company to do business in the state shall be revoked, the city clerk shall require the owner to replace such policy with another policy satisfactory to the city attorney and in default thereof, the owner’s license to operate shall be revoked. (Prior code § 15.30)
Article 5
Stands
5.36.230 Designation.
The chief of police shall, with the consent of the council, designate, in writing, stands upon public streets to be occupied by taxicabs or rent cars, after the permit has been issued as in this chapter provided. (Ord. 02-2 § 5: prior code § 15.31)
5.36.240 Written permission of occupants adjacent to spaces required.
Before any designation of stands is made, the written consent must be obtained of the tenant of the ground floor fronting the space where such stand is to be located. In the event the ground floor is not occupied, the written consent of the owner must be first obtained. (Prior code § 15.32)
5.36.250 Contents of stand permit.
The stand permit shall specify the name and address of the permittee and the number of vehicles authorized thereunder, and it is unlawful for the owner or operator of any vehicle for hire, other than the permittee, to use the stand designated under such permit, and when such stand is occupied, no other vehicle shall loiter or wait nearby. (Prior code § 15.33)
5.36.260 Revocation of stand permit.
Any stand designated by the chief of police, as provided in this article, may be revoked by him or her and it is unlawful for any taxicab or rent car to occupy the stand after such revocation. (Prior code § 15.34)
5.36.270 Unlawful standing of taxicabs.
It is unlawful for a taxicab or rent car while awaiting employment to stand on any street or place other than upon a designated stand, nor shall any operator of a taxicab or rent car, while awaiting employment, drive so as to interfere vehicular traffic. (Prior code § 15.35)
Article 6
Passenger Buses
5.36.280 Operation of passenger buses.
A passenger bus is allowed to operate only within the central business zoning district, service commercial zoning district, business and professional office zoning district, industrial zoning district and winery zoning district. Within these zoning districts a passenger bus shall be allowed to operate on all public streets. Passenger buses shall not be allowed to operate within any residential zoning districts within the city limits except for the purpose of providing access to the zoning districts in which the passenger buses may operate. (Prior code § 15.36)
5.36.290 Disembarking and embarking of passengers.
Upon approval of a use permit reviewed by the planning commission and city council a passenger bus is allowed to embark and disembark passengers on private property. A passenger bus may embark and disembark passengers at designated public bus stops only on public streets within the zoning districts in which the passenger bus may operate. It is unlawful for passengers to embark or disembark at any other location within the zoning districts in which the passenger bus may operate as specified in this section. Approved locations for embarking and disembarking of passengers shall not be used for parking of passenger buses unless authorized by the city council. (Prior code § 15.37)
5.36.300 Parking of passenger buses.
Passenger buses shall park only within the commercial districts in which they are allowed to operate. When a passenger bus is parked it is unlawful to idle the engine or any other mechanical feature of the bus. (Prior code § 15.38)
5.36.310 Exemptions.
The restrictions contained in this article shall not apply to the following:
A. A vehicle transporting school pupils conducted by or under contract with any public or private school;
B. Any vehicle exempt under the provisions of state or federal law. (Prior code § 15.39)
5.36.320 Signs and markers.
The restrictions contained in this article shall not be enforced until appropriate signs, markers, or other official traffic-control devices have been established giving notice thereof. (Prior code § 15.40)
5.36.330 Violation—Penalty.
Any person violating the provisions of this article shall be guilty of an infraction. (Prior code § 15.41)