CHAPTER 36 (Ord 3347; 11/2004)
TAXICABS AND OTHER VEHICLES FOR HIRE.
Article 1. In General.
§ 36-1 General provisions.
§ 36-2 Definitions.
§ 36-3 Determination of number of taxicab businesses in the City.
§ 36-4 Continued operation of authorized business required.
§ 36-5 Compliance with state and local laws and regulations.
§ 36-6 Insurance requirements and City Held Harmless.
§ 36-7 Rates and fares - generally.
§ 36-8 Refusal to pay fare.
§ 36-9 Condition of vehicles - generally.
§ 36-10 Exterior signage required.
§ 36-11 “For Hire” lights required.
§ 36-12 Illumination of passenger compartment required at certain times.
§ 36-13 Inspection of vehicles by police; inspection fee.
§ 36-14 Establishment and use of taxicab stands.
§ 36-15 Solicitation of passengers prohibited; exception.
§ 36-16 Taxicabs standing in streets or public place prohibited; exception.
§ 36-17 Prohibited conduct by drivers.
§ 36-18 Taxicabs from other cities operating in the City.
§ 36-19 Keeping of tripsheets required.
§ 36-20 Keeping of records by owners required.
§ 36-21 Reports of found property.
§ 36-22 Service to general public.
Article 2. Owner’s Permits.
§ 36-23 Owner’s permit required; separate vehicles.
§ 36-24 Owner’s permit application; application fee.
§ 36-25 Owner’s permit application process. (Ord 3381; 01/07)
§ 36-26 Suspension or revocation.
§ 36-27 Transferability.
Article 3. Taxicab Driver’s Permits.
§ 36-28 Taxicab Driver’s Permit required.
§ 36-29 Taxicab Driver’s Permit application; process. (Ord 3381; 01/07)
§ 36-30 Taxicab Driver’s Permit application fee.
§ 36-31 Taxicab Driver’s Permit requirements and prohibitions.
§ 36-32 Issuance of permits.
§ 36-33 Renewal of permit; termination.
§ 36-34 Suspension or revocation of permit.
§ 36-35 Temporary permits.
§ 36-36 Records to be kept by the Chief of Police.
Article 4. Controlled Substance and Alcohol Testing.
§ 36-37 Mandatory Controlled substance and Alcohol Testing Program.
Article 5. Taximeters.
§ 36-38 Required in taxicabs.
§ 36-39 Inspection required; removal of vehicles with inaccurate meter
§ 36-40 Manner of placement in taxicabs.
§ 36-41 Accurate operation required.
§ 36-42 Use required for all passenger services.
§ 36-43 All charges to be in accordance with meters.
§ 36-44 Splitting of fares by two or more passengers.
§ 36-45 Proper use of “flag” required.
ARTICLE 1
IN GENERAL
Sec. 36-1. General provisions.
It shall be unlawful for any person, firm, or corporation to operate any taxicab business, or for any owner or driver to operate or drive any taxicab except in compliance with the provisions of this chapter.
Sec. 36-2. Definitions.
For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them by this Section:
A. Certificate. “ Certificate” means a certificate of public convenience and necessity issued by the City Council.
B. Driver. Every person in charge of operating any taxicab, either as owner, agent, employee, or otherwise, or under the direction of an owner.
C. Owner. Every person, firm, or corporation that owns or has contracted for the use or control of any taxicab, whether as owner, lessee, or otherwise.
D. Taxicab. A passenger automobile equipped with a taximeter and used for transportation of passengers over public streets and highways but not over a defined route and irrespective of whether the travel extends beyond the City limits, and operated at rates per mile or waiting time or both.
E. Taximeter. A mechanical or electronic instrument or device by which the charge for hire of a taxicab is mechanically or electronically calculated based on rates established by the City Council, either for distance traveled, for waiting time, or both, and upon which the charges are plainly registered by means of figures indicating dollars and cents.
F. Taxistand. A place on public property or streets approved by the City as a place where taxicabs may park and wait for hire.
Sec. 36-3. Determination of number of taxicab businesses in the City.
No person shall engage in the business of operating any taxicab business within the City without first having obtained a certificate of public convenience and necessity (Certificate) from the City Council and an owner’s permit. The City Council shall determine, after a public hearing, whether the number of taxicabs operating in the City meet the needs of the general public, and shall issue a Certificate to any taxicab business only if it finds the public convenience and necessity support the addition of more taxicabs operating within the City.
Sec. 36-4. Continued operation of authorized business required.
Every person holding an owner’s permit under the provisions of this Chapter shall regularly and daily operate the taxicab business from taxistands within the City to the extent reasonably necessary to meet public demand for such service on a 24 hour a day basis. Failure to comply with this provision shall constitute abandonment of service and the City Council, after a noticed public hearing, may revoke the owner’s permit if a violation of this section is demonstrated.
Sec. 36-5. Compliance with state and local laws and regulations.
All taxicabs authorized to operate with the City shall be properly licensed with the California Department of Motor Vehicles, and shall further comply with all state and local laws and regulations relating to the licensing and commercial operation of taxicabs. All taxicabs shall be registered under the firm name or the name of the individual holding the owner’s permit.
No vehicle used or intended to be used in taxicab service in the City shall be rented to any owner or driver unless such owner or driver has obtained the appropriate permit(s) pursuant to this Chapter.
Sec. 36-6. Insurance requirements and City Held Harmless
All taxicabs authorized to operate within the City shall, and by acceptance of the City taxicab permit, does agree to hereby indemnify, defend and hold the City of Monterey, its officers, employees and agents harmless from any and all damages, claims, liabilities, costs, suits, or other expense resulting from and arising out of their taxicab operations.
It shall be unlawful to drive or operate any taxicab in the City unless the vehicle owner possesses current, valid commercial general liability and vehicle liability in amounts and with conditions acceptable to the City and evidenced through certificates of insurance filed with the City Clerk.
The owner’s insurance shall remain in full force, at a level at least equal to the minimum requirements of the City, or the owner’s permit shall automatically suspended until such time as full compliance with the requirements of this section are demonstrated to the City’s satisfaction.
Sec. 36-7. Rates and fares - generally.
The City Council, upon its own motion or upon application of an owner’s permit holder, may set, establish, change, modify or amend the schedule of rates to be charged by all vehicles operated by each holder of an owner’s permit under the provisions of this Chapter. No rates shall be set, established, changed, modified or amended without a public hearing before the City Council. Notice of such hearing shall be given to each owner’s permit holder, in writing, by the City Clerk at least five days before such hearing, and the City Council may give such other notice as it shall deem necessary.
Fares shall be conspicuously displayed in the passenger compartment of each taxicab where it is readily visible and readable by passengers in front and rear seats.
The taxicab rate or fare shall be determined by a taximeter in accordance with the schedule established by the City Council. Following public hearing as required herein, the City Council shall establish the rate or fare by resolution.
It shall be unlawful to fix, charge, or collect a rate in excess of the rate schedule approved by the City Council.
Sec. 36-8. Refusal to pay fare.
No person shall fail or refuse to pay the regular fare for a taxicab ride at its conclusion or termination of service after employing or hiring the taxicab for the ride.
Sec. 36-9. Condition of vehicles - generally.
No owner or driver shall operate, permit to be operated, or cause to be operated any motor vehicle for hire while the same or any of the equipment used thereon or therewith is in a defective, unsafe or unsanitary condition.
Sec. 36-10. Exterior signage required.
Every taxicab operated in the City shall have displayed on each side and the rear of the vehicle the taxicab business name as it appears on the owner’s permit, together with the owner’s identification number and the telephone number of the taxicab business. The lettering of the signs and all signs to be displayed on any taxicab shall be approved by the Chief of Police.
Sec. 36-11. “For Hire” lights required.
Every taxicab shall be equipped with a “For Hire” light attached to the top of the roof or to the top of the dome light. The light of the “For Hire” light unit shall be connected to a contact switch attached to the taximeter, and such contact switch shall operate automatically to illuminate the “For Hire” light when the taximeter is not in operation, indicating the cab is vacant and for hire, and to extinguish such light when the taximeter is in operation. No person shall drive or operate any taxicab with such a light illuminated while carrying passengers for compensation; or drive or operate any taxicab unless such a light is illuminated when such taxicab is for hire.
Sec. 36-12. Illumination of passenger compartment required at certain times.
Every motor vehicle for hire shall at all times be equipped with a light of not less than two candlepower within such vehicle, so arranged as to illuminate the entire passenger compartment, which light shall be kept constantly lighted at all times while any passengers are being loaded into or unloaded from any such vehicle from one-half hour after sunset of any day until one-half hour before sunrise of the next day, and no shades or blinds shall be drawn over the windows of any such vehicle while the same is occupied.
Sec. 36-13. Inspection of vehicles by police; inspection fee.
All taxicabs shall submit to an annual inspection as required by the Police Department. All taxicabs shall possess all of the equipment listed on the Monterey Police Department Taxicab Safety Inspection Checklist, and all such equipment shall be in good working order and repair. The Chief of Police shall establish the standard for good working order.
Upon satisfactory completion of such inspection, the Department shall issue and affix an approval decal or sticker to the taxicab that authorizes the operation of the vehicle for a one-year period. The sticker shall be affixed on the inside, lower corner of the front windshield on the passenger side. It shall be unlawful to transfer the decal or sticker to any other vehicle, and no taxicab shall be operated without a valid decal or sticker properly displayed.
The Chief of Police, or any police officer, shall have the right and shall be permitted at any time to inspect any taxicab to ascertain whether the provisions of this Chapter are being met. During an inspection, the driver of the taxicab must produce for inspection the following documents: (1) valid California vehicle registration, (2) valid proof of insurance document and (3) a valid California driver’s license.
The City Council shall establish a taxicab safety inspection fee that shall be due annually upon inspection.
Any taxicab that fails any safety inspection shall be given an opportunity to make repairs or correct defects and be re-inspected. Any such cab failing an inspection shall be removed from service until such time as compliance is met. A safety inspection is “failed” if any police officer or mechanic determines the vehicle is not in compliance with the provisions of this Chapter or any required inspection program established by the Police Department, or if the taxicab is unsafe, unsanitary, or unsightly. Any such taxicab shall be removed from service until such conditions are corrected. Such vehicle shall be re-inspected prior to being returned to service.
Sec. 36-14. Establishment and use of taxicab stands.
The City Council may, by resolution, locate and designate taxicab stands on any public street in the City, which stands, when so established, shall be appropriately designated, “Taxis Only”.
Taxicab stands so established shall be in operation 24 hours of every day.
No owner, driver or operator of any taxicab shall allow such taxicab to remain parked, while awaiting employment, except in a regularly established taxicab stand; provided, that taxicabs may park in any available parking space when actually engaged in loading or unloading passengers.
Sec. 36-15. Solicitation of passengers prohibited; exception.
No taxicab driver, or person acting on behalf of any such driver, shall solicit passengers except from an approved taxicab stand.
Sec. 36-16. Taxicabs standing in streets or public place prohibited; exception.
No taxicab shall be allowed to remain standing on a public street or in a public place unless it is attended by a driver, except when the driver is assisting passengers to load or unload, is answering his telephone or displays a sign reading “Not for Hire”.
Sec. 36-17. Prohibited conduct by drivers.
No driver, or any person acting on behalf of any such driver, shall engage in any disorderly or inappropriate conduct while in the performance of his or her duties as a taxicab operator, including, but not limited to, obstruction of any street or sidewalk, making of loud or unusual noises to attract the attention of potential customers, use of indecent, profane, or obscene language, boisterous or loud talking that might disturb the peace and quiet of others in the area, harassment of passersby, interference with, obstruction of, or impeding of the free passage of potential passengers, or seizing or grabbing any baggage carried by or belonging to potential passengers prior to being hired to provide transportation.
No taxicab driver shall smoke or permit any smoking to occur within any taxicab at any time. No smoking signs shall be prominently displayed in every taxicab.
Sec. 36-18. Taxicabs from other cities operating in the City.
The driver of a taxicab authorized to operate in any other municipality or military installation outside the City may transport passengers from outside the City to a destination within the City; however, it shall be unlawful for any such driver to seek or accept passengers from within the City, including any passengers previously dropped at a location within the City by such outside taxicab.
Sec. 36-19. Keeping of tripsheets required.
The driver of each taxicab shall keep a separate tripsheet of every service rendered by the driver, and shall include the following information: (1) the location where the passenger(s) entered the taxicab, (2) the number of passengers, (3) the time the passengers entered the taxicab, (4) the location where the passengers were discharged, and (5) the amount of fare collected.
The owner of every taxicab shall keep such tripsheets in the business office for a period of one (1) year after the date service is rendered, and they shall be open and available for inspection by any representative of the Chief of Police at all times during business hours. The falsification of any tripsheet by any owner or driver shall be grounds for revocation of his or her permit.
Sec. 36-20. Keeping of records by owners required.
The owner of every taxicab business shall keep a dispatch sheet which shows the time of dispatch of every taxicab.
Every owner and every employer of taxicab drivers, including self-employed drivers, shall keep and maintain a complete and accurate record of all drivers, which record shall show for each employee their name, address, date of hire, date of termination, the number of the taxicab operated by the driver, the hours of employment for each driver, a list of absences from employment, and all motor vehicle violations, all traffic accidents, all complaints received from passengers or others, and the test results from controlled substance and alcohol testing. These records shall be subject to inspection by the Chief of Police or his designee at any time upon demand, and shall not be destroyed without the written permission of the Chief of Police.
Every taxicab owner and employer of taxicab drivers shall notify the Chief of Police in writing within 5 working days upon termination of employment of any taxicab driver.
Sec. 36-21. Reports of found property.
All property found in taxicabs not belonging to the driver shall be delivered to the Police Department within 24 hours of discovery unless otherwise returned to the rightful owner. Every owner shall keep a log of all found property.
Every owner and driver shall attempt to return found property to any person claiming to have lost or left property in a taxicab. If the lost property is not found, the owner and driver shall advise the passenger to file a lost property report with the Police Department.
Sec. 36-22. Service to general public.
No driver of any taxicab shall refuse to carry any person seeking transportation and tendering the fare for the service to any place within the City unless the vehicle is already in service, the person seeking transportation is unruly, boisterous, or intoxicated, or where the person seeking transportation is known to the driver to have been unruly or created problems of a confrontational nature in the past.
The City Attorney shall be responsible for maintaining files of and investigating complaints regarding taxicab service and shall initiate appropriate action against taxicab drivers and owners when a complaint or complaints warrant such action.
ARTICLE 2.
OWNER’S PERMITS.
Sec. 36-23. Owner’s permit required; separate vehicles.
No person shall engage in the business of operating any taxicab within the City without first having obtained an owner’s permit from the City Council, except as otherwise provided in this Chapter.
An owner’s permit shall be required for each additional or different taxicab.
If a permittee wishes to substitute one vehicle for another, he or she shall file an application with the Chief of Police who shall cause the taxicab to be submitted to a normal safety inspection, and if the vehicle passes, an approval decal or sticker will be affixed to the substitute taxicab and the decal or sticker will be removed from the original vehicle.
Sec. 36-24. Owner’s permit application; application fee.
All persons or businesses applying for an owner’s permit under this Article shall file with the City Clerk a sworn application including the following information:
(1) The name, residence and business addresses of the applicant.
(2) Social security numbers, driver’s license numbers, and dates of birth for all persons named in the application. If the applicant is a partnership or corporation, then the information shall be provided for each partner or corporate officer.
(3) Fictitious name under which the business is proposed to operate.
(4) Whether any license, permit, or certificate sought by the applicant has been denied, revoked, or suspended by any public agency, explaining the circumstances of any denial, revocation, or suspension in full.
(5) The number and type of vehicles proposed to be operated in the business, including year, make, model, license number, VIN, and company assigned taxicab number.
(6) The color, name, monogram of insignia to appear on the vehicles.
(7) A complete schedule of fares or rates to be charged and services to be operated, demonstrating compliance with existing fares and rates as established by the City Council.
(8) The location where the business will be operated, including dispatch facilities, storage facilities, repair and maintenance facilities, and fuel dispensing operations.
(9) Copies of required insurance policies or if not yet issued, a written statement from an insurer that such policies will be issued if the application is granted.
(10) A statement as to whether any applicant, partner, or corporate officer, has been convicted of any misdemeanor or crime, or violation of any municipal ordinance other than minor parking and traffic offenses, the nature of the offense and the punishment or penalty assessed.
(11) The facts upon which the applicant believes tends to prove that public convenience and necessity require the granting of a permit.
(12) Such other information as the Chief of Police, City Manager, or City Council may deem necessary for promotion of the public health, safety, and welfare.
The City Council shall establish an owner’s permit application fee that shall accompany any such application.
Sec. 36-25. Owner’s permit application process. (Ord 3381; 01/07)
Upon receipt of an application for an owner’s permit under this Article, the City Clerk shall transmit a copy of the application to the Chief of Police who shall undertake a preliminary investigation to verify the criminal history information submitted by the applicant and shall submit the applicant’s fingerprints to the State of California and the Federal Bureau of Investigation for criminal history review. Upon receipt of all information relating to criminal history and suitability of the applicant’s moral character, the Chief of Police shall forward a summary of information and a recommendation to the City Manager.
The City Manager, or his designee, shall review the application and the recommendation from the Chief of Police to determine if it appears there is a need and necessity for the taxicab services proposed, and whether the applicant is of suitable character to provide such services. The City Manager may require the applicant to provide financial information and other documentation to demonstrate the ability to appropriately and lawfully operate the taxicab business proposed. The City Manager shall recommend approval or denial of the application to the City Council.
The application shall be reviewed by the City Council at a noticed public hearing. The City Council shall approve any such application only if the following findings are first made:
(1) The applicant is financially responsible.
(2) The applicant is of good moral character consistent with federal, state, and local laws for the public services that will be provided by the owner.
(3) Existing taxicab businesses are not adequately serving the public with respect to taxicab services.
(4) Such additional taxicab service will not result in a greater hazard to the public or create substantial traffic or parking problems.
The application shall be denied if any of the following findings are first made:
(1) The public convenience and necessity do not require the proposed service.
(2) The application fails to contain any of the required information as set forth above.
Sec. 36-26. Suspension or revocation.
The City Council shall have the power to suspend or revoke any owner’s permit to operate a taxicab for a violation of any of the provisions of this Chapter or any ordinance relating to traffic or use of streets; for a failure to pay any judgment for damages arising from the unlawful or negligent operation of the public motor vehicle for which any owner’s permit was issued; or for conduct on the part of any owner which is not conducive to proper service to the public, or to proper relationships with any competitive owner.
Sec. 36-27. Transferability.
No owner’s permit issued under this Chapter shall be assignable or transferable without the prior approval of the City Council. Prior to presenting the proposed assignment or transfer to the City Council, the transferee shall first submit a statement with the Chief of Police setting forth the information required to be furnished on an original application as set forth in paragraph 36-24 above. The Chief of Police shall investigate the transferee in the same manner as a new applicant and make a recommendation to approve or disapprove the transfer to the City Council within forty-five (45) days after the statement is received.
ARTICLE 3.
TAXICAB DRIVER’S PERMITS.
Sec. 36-28. Taxicab Driver’s Permit required.
It shall be unlawful for any person to operate any taxicab in the City unless he or she has a valid taxicab driver’s permit issued by the City.
The Chief of Police shall administer and maintain taxicab driver’s permits and records for the City.
Sec. 36-29. Taxicab Driver’s Permit application; process. (3381; 01/07)
Application for a taxicab driver’s permit shall be filed with the Chief of Police, along with any fee(s) as established by the City Council for the issuance of such permit. The application shall be in writing and made under penalty of perjury. The Chief of Police shall undertake a preliminary investigation to verify the criminal history information submitted by the applicant and shall submit the applicant’s fingerprints to the State of California and the Federal Bureau of Investigation for criminal history review. Any information submitted in the application that is false, or any required information that is omitted, shall result in denial of the permit.
The application shall include but not be limited to the following information:
(1) The name, age, and address of the applicant.
(2) Past experience operating motor vehicles generally and taxicabs specifically.
(3) The names and addresses of former employers during the preceding three year period.
(4) The places of residence during the preceding three (3) year period.
(5) Whether or not a driver’s license issued to the applicant has ever been revoked or suspended.
(6) A copy of the applicant’s current driver’s license.
(7) An endorsement of the owner of the taxicab business for whom the applicant seeks to drive a taxicab.
(8) Proof of the applicant’s negative test results for controlled substances and alcohol.
Upon the request of an applicant, the City shall provide a list of the consortia certified pursuant to part 382 (commencing with § 382.101) of Title 49 of the Code of Federal Regulations that the City knows offers controlled substance and alcohol tests in the vicinity of the City of Monterey.
Sec. 36-30. Taxicab Driver’s Permit application fee.
An application for a taxicab driver’s permit shall be made to the Chief of Police, and at the time of filing such application, a fee in an amount to be set by resolution shall be paid to the City; provided that such fee shall include the amount set by the state to cover the cost of processing such applications.
Sec. 36-31. Taxicab Driver’s Permit requirements and prohibitions.
No taxicab driver’s permit shall be issued to any person who:
(1) Is under age 21 at the time of application.
(2) Fails to provide documentation of either citizenship or employment authorization as required by the Immigration and Reform Control Act of 1986 (8 USC § 1324a).
(3) Has been convicted of a felony or crime involving moral turpitude.
(4) Has been convicted of any offense specified in the CA Vehicle Code involving reckless driving or alcohol or drug offenses except convictions more than five (5) years old or whose convictions have been expunged or set aside pursuant to satisfactory completion of a Court approved diversion program.
(5) Fails to possess a valid driver’s license suitable for operation of a taxicab.
(6) Has received a positive test result in any random test for controlled substances or alcohol within the past twelve (12) months.
(7) Provides false or materially incomplete information required for issuance of the permit.
(8) Has been convicted of an offense which requires registration pursuant to CA Penal Code § 290.
(9) Has been convicted within five (5) years of an offense involving the sale of a controlled substance even if expunged pursuant to CA Penal Code § 1203.4.
(10) Has been convicted within five (5) years of any offense involving the use of force or violence upon another person.
(11) Has been convicted of more than one violation of driving while under the influence of any drug or alcohol within the past seven (7) years prior to application.
(12) Is on parole or probation for a crime, and the crime is substantially related to the qualifications, functions, or duties of a taxicab driver in a potentially negative manner.
(13) Has had a taxicab driver’s permit issued by any jurisdiction revoked within the past three (3) years.
(14) Fails to provide a medical clearance that meets the standard set forth by the California Department of Motor Vehicles, Motor Carrier Safety Regulations (49 CFR 391.41 - 391.49). This is satisfied by providing a completed Medical Examination Report for Commercial Driver Fitness Determination form or a Medical Examiner’s Certificate issued by the California Department of Motor Vehicles.
Every taxicab driver’s permit issued pursuant to this Article shall set forth the name of the owner for whom such driver is authorized to operate a taxicab, and shall be valid only so long as the driver continues to drive for such owner.
All drivers of taxicabs shall display their taxicab driver’s permit in a conspicuous place in the passenger compartment of the taxicab whenever the taxicab is being used to transport passengers.
Sec. 36-32. Issuance of permits.
The Chief of Police shall investigate the applicant for a taxicab driver’s permit under this Article, and after such investigation shall either grant or deny the permit. Any person whose application has been denied may within 10 days after such denial request that the denial of his application be reviewed by the City Manager. The City Manager shall investigate such applicant and may, after a hearing, either grant or deny such permit.
Sec. 36-33. Renewal of permit; termination.
All taxicab driver’s permits issued pursuant to this Article expire annually on their anniversary date unless earlier terminated, suspended, or revoked pursuant to the provisions set forth herein.
Drivers may renew their permit if still qualified to operate a taxicab by meeting all the permit requirements set forth in this Article for new taxicab driver’s permits, including, but not limited to, passing the test for controlled substances and alcohol.
Taxicab driver’s permits are void upon termination of taxicab driver’s employment with the owner listed on their permit. Each driver shall return the permit to the Chief of Police upon such termination.
It shall be unlawful to transfer any taxicab driver’s permit to any other person.
Sec. 36-34. Suspension or revocation of permit.
The Chief of Police shall have the authority to temporarily suspend any taxicab driver’s permit in the event the holder is arrested, charged, or cited for any violation of the CA Vehicle Code punishable by suspension of the taxicab driver’s license. The Chief of Police may revoke or refuse to renew any taxicab driver’s permit if the driver is:
(1) Convicted of a felony or crime of moral turpitude, including any narcotics violations,
(2) Convicted of driving recklessly or while under the influence of alcohol or controlled substances;
(3) Has his or her driver’s license suspended or revoked;
(4) Found to test positive for any controlled substance or alcohol during any test;
(5) Found to have violated any provision of this Chapter or;
(6) Found to have provided false information or omitted information required on a taxicab driver’s permit application.
Any driver whose permit has been suspended or revoked may, within 10 days, file an appeal with the City Manager. The City Manager shall hold a hearing at a mutually convenient time and either grant or deny the appeal. The action of the City Manager shall be final and conclusive. It shall be unlawful for any driver to operate any taxicab while their appeal from any suspension or revocation is pending unless the City Manager grants a temporary driver’s permit valid only during the period of the appeal.
Sec. 36-35. Temporary permits.
The City Manager, in his discretion, may grant a temporary permit to drive or operate any taxicab, pending final action on any application for a permanent taxicab driver’s permit as provided in this Article, but no such temporary permit may be issued to any person who does not have a valid driver’s license issued by the state, who is not employed or possessing a written offer of employment as a taxicab driver in the City, or who has not provided evidence of negative controlled substance and alcohol testing as required by Section 36-37 herein.
Sec. 36-36. Records to be kept by the Chief of Police.
The Chief of Police shall keep a record of each driver granted a taxicab driver’s permit under the provisions of this Article, which record shall contain the full name, age, residence, places of residence for two years preceding the date of application, race, weight, height, color of eyes and hair, fingerprints, place of birth, places of previous employment covering three years preceding the date of application, whether he has ever been convicted of a felony or of a misdemeanor, and whether he has ever been previously licensed as a driver, and if so, whether his license has ever been revoked and for what cause.
ARTICLE 4.
CONTROLLED SUBSTANCE AND ALCOHOL TESTING.
Sec. 36-37. Mandatory Controlled substance and Alcohol Testing Program.
(1) Each taxicab driver shall test negative for each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, before employment. Each driver shall test negative for these controlled substances and for alcohol as a condition of the driver’s annual permit renewal. 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 of the Code of Federal Regulations, except that each 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 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.
(3) A test in one jurisdiction shall be accepted as meeting the same requirement in the City or in any other jurisdiction. Any negative test result shall be accepted for one (1) year as meeting a requirement for periodic permit renewal testing or any other periodic testing in the City or any other jurisdiction, if the driver has not tested positive subsequent to a negative result. However, an earlier negative result shall not be accepted as meeting the pre-employment testing requirement for any subsequent employment, or any testing requirements under the program other than periodic testing.
(4) In the case of a self-employed independent driver, the test results shall be reported directly to the City, and the City shall notify the taxicab leasing company of record, if any, of positive results. In all other cases, the results shall be reported directly to the driver’s employer, who shall immediately notify the City of the results.
(5) All tests are confidential and shall not be released without the consent of the driver, except as authorized or required by law.
(6) Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of, this program with regard to themselves. In all other cases, taxicab owners and employers of drivers shall be responsible for compliance with, and shall pay all costs of, this program with respect to their employees and potential employees, except that an employer may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and follow-up testing.
(7) Taxicab owners, employers of drivers, and self-employed independent drivers shall pay all service charges, fees, or assessments established by the City with respect to the owner’s employees and potential employees in an amount sufficient to pay for the City’s costs of carrying out the mandates of this section.
(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.
(9) For purposes of this Section, “employment” includes self-employment as an independent driver or owner/operator of a taxicab.
ARTICLE 5.
TAXIMETERS.
Sec. 36-38. Required in taxicabs.
No person shall operate any taxicab in the City until such taxicab is equipped with a taximeter of a type and design which has been approved by the City Council.
All taxicabs operated under the authority of this Chapter shall be equipped with taximeters which conform to all applicable State of California laws and regulations and shall be inspected, sealed, and certified by the County Department of Weights and Measures.
Sec. 36-39. Inspection required; removal of vehicle with inaccurate meter.
Taximeters shall be subject to inspection at any time by the Chief of Police, or any other authorized persons. Upon discovery of any inaccuracy of such taximeter, the operator thereof shall remove, or cause to be removed, from service any vehicle equipped with such taximeter until such taximeter has been repaired and accurately adjusted.
Records and evidence of inspection by the County Department of Weights and Measures shall be submitted for verification at the time of each taxicab’s annual vehicle inspection.
Every taximeter shall be inspected and tested for accuracy by the owner at least annually.
Sec. 36-40. Manner of placement in taxicabs.
The taximeter required by this Article shall be placed in each taxicab so that the reading dial showing the amount to be charged is well lighted and readily discernible to a passenger riding in any such taxicab.
Sec. 36-41. Accurate operation required.
It shall be the duty of each person operating a taxicab, and the driver thereof, to keep the taximeter therein operating at all times within the accuracy and requirements of this Chapter and such additional requirements as may be prescribed from time to time by the City Council.
Sec. 36-42. Use required for all passenger services.
No passenger shall be carried in any taxicab for hire unless the taximeter in such taxicab is in operation. This Section shall apply regardless of whether the taxicab is engaged for a trip entirely within the City or partially outside thereof, and such meter shall be kept operating continuously during the entire time that it is engaged in the transportation of passengers for compensation, regardless of the point of destination; except, that when the trip is in excess of 15 miles a flat rate may be used for any part of the trip over the first 15 miles.
Sec. 36-43. All charges to be in accordance with meters.
All charges for taxicab service shall be calculated and indicated by a taximeter, except as shown in this Chapter, and at all times while the taxicab is engaged the “flag” of the taximeter shall be thrown into a position to register charges for mileage and time. No taximeter shall be so operated as to cause any charge to be registered thereon, except during the time while the taxicab is engaged by a passenger.
Sec. 36-44. Splitting of fares by two or more passengers.
If two or more persons going in the same direction share a taxicab the first party that is discharged from the taxicab shall pay the charge on the meter, and the meter shall then be “flagged” and a new fare started; except and unless, if the driver agrees at the inception of the hire to drop the first fare without “re-flagging” and starting a new fare.
Sec. 36-45. Proper use of “flag” required.
No driver of any taxicab, while carrying passengers, shall display the “flag” attached to the taximeter in such a position as to denote that such vehicle is not employed, or fail to throw the “flag” of the taximeter to a position indicating such vehicle is unemployed at the termination of each service.”