Chapter 5.35
TAXICABS
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Sections:
Article I. General Provisions
5.35.010 Purpose and intent.
5.35.020 Definitions.
5.35.030 Taxicab stands.
Article II. License
5.35.040 License requirements.
5.35.050 Application.
5.35.060 Application renewal.
5.35.070 Background investigation fee.
5.35.080 Grounds for denial.
5.35.090 Action by Chief of Police.
5.35.100 Taxicab license application appeal procedure.
5.35.110 License not transferable.
5.35.120 Acceptance.
5.35.130 Additional vehicles.
5.35.140 Substitution of vehicles.
5.35.150 Fares.
5.35.160 Display of schedule of fares.
5.35.170 Full use of taxicabs.
5.35.180 Duty to provide services.
5.35.190 Direct route.
5.35.200 Passenger prohibited in front seat.
5.35.210 Overcharge prohibited.
5.35.220 Testing of taxicab drivers for controlled substances and alcohol.
5.35.230 Taxicab fares.
5.35.240 Equipment and conditions required.
5.35.250 Identification of taxicabs.
5.35.260 Safety inspection.
5.35.270 Evidence of mechanical condition.
5.35.280 Report of accidents.
5.35.290 Owner's records.
5.35.300 Issuance prior to amendment.
5.35.310 Insurance requirements.
Article III. Taxicab Driver's Permit
5.35.320 Application.
5.35.330 Permit card.
5.35.340 Permit fingerprints and requirements.
5.35.350 Permit fee.
5.35.360 Grounds for denial.
5.35.370 Issuance of permit and renewal.
5.35.380 Information on permit.
5.35.390 Termination of employment or contract.
5.35.400 Reissuance of permit.
5.35.410 Issuance prior to amendment.
5.35.420 Driver's appearance.
Article IV. Suspension and Revocation
5.35.430 Suspension or revocation of taxicab license.
5.35.440 Suspension or revocation of taxicab driver's permit.
5.35.450 Notice and hearing for suspension and revocation.
5.35.460 Emergency suspension.
Article I. General Provisions
5.35.010 Purpose and intent.
This chapter is to further the public convenience and necessity of transportation services by taxicabs and limousines, and is enacted pursuant to the Constitution of the State of California and the Charter of the City of Santa Clara ("City"). (Ord. 1713 § 2, 5-5-98. Formerly § 28-1).
5.35.020 Definitions.
For purposes of this chapter, certain words and phrases are defined and shall be construed as set forth herein unless it is apparent from the context that a different meaning is intended.
(a) "Chief of Police" shall mean the elected Chief of the Santa Clara Police Department, or his/her duly authorized agents and representatives.
(b) "City Manager" means the City Manager, or his/her duly authorized agents and representatives.
(c) For Hire. A vehicle is "for-hire" if any fare, fee, charge or other consideration is payable for the transportation service of the vehicle, whether paid or not.
(d) "Limousine" is a passenger vehicle for hire used to transport passengers on public streets. The charge for the use of a limousine is not determined by a taximeter. "Limousine" includes vehicles exhibiting one or more of the following characteristics:
(1) It does not operate over any fixed or defined route or routes;
(2) It operates between such points and covers such routes as may be directed by the passenger hiring such vehicle; or
(3) The charge for the use of such vehicle is agreed to in advance between the passenger hiring the vehicle and the owner or driver of the vehicle. Such charges may be on a mileage, trip or time basis or any combination thereof.
(e) "Owner" shall mean the person, firm, association or corporation who is registered with the Department of Motor Vehicles of the State of California ("DMV") as the owner of a vehicle or vehicles used in the transportation of persons for compensation, or who has a legal right to possession of such vehicle pursuant to a lease or rental agreement. The act or omission of any owner's officer, agent, employee or independent contractor, or of any driver whose services are engaged by any of the above, is for all purposes the act or omission of the owner operating the for-hire transportation services regulated by this chapter.
(f) "Public convenience and necessity" shall mean a genuine need for additional public passenger vehicles for hire, as determined by the Chief of Police, in order to serve promptly, adequately and efficiently the needs and convenience of the general public.
(g) "Taxicab" shall mean a passenger vehicle, designed for carrying not more than eight persons, excluding the driver, used to transport persons for compensation on public streets; the compensation for which is determined by a taximeter or other device which determines a charge for distance traveled and/or time expended.
(h) "Taximeter" is any instrument or device approved for use under the applicable laws of the State, which mechanically or electronically calculates the charge for the use of a taxicab. The taximeter registers such charge by means of figures, including dollars and cents, calculated by an initial charge and thereafter a charge for distance traveled and/or waiting time. (Ord. 1713 § 2, 5-5-98. Formerly § 28-2).
5.35.030 Taxicab stands.
(a) Taxicab stands shall be maintained and occupied only as provided by laws and ordinances of the City.
(b) For every space occupied by a taxicab stand, a fee shall be paid for each taxicab stand utilized by a taxicab in accordance with the fee schedules established by resolution of the City Council.
(c) Taxicab stand fees shall be paid yearly, in advance, to the Police Department.
(d) When a space has been designated as a taxicab stand and the fee has been paid as provided above, taxicab drivers shall be entitled to use of the stand on a first-come, first-serve basis and are not subject to paying additional costs requested from property personnel.
(e) Hotel personnel or its valet representatives shall not ask for or receive any type of compensation from the taxicab drivers in exchange for requesting taxi service.
(f) The driver shall pull onto the taxicab stand from the rear and shall advance forward as the cabs in front pull off.
(g) Except for a customer deliberately choosing a different taxi, taxis shall pick up customers and leave the taxicab stand by the order of arrival only.
(h) A taxicab driver shall not park, stand or stop in any other place where there is a designated taxicab stand provided.
(i) Taxicab drivers shall not leave their vehicle unattended while parked in a taxicab stand.
(j) Taxicabs displaying "out-of-service" signs shall not park in a taxicab stand.
(k) The taxicab owner's right to use a taxicab stand, as provided herein, shall be modified and/or suspended if the taxicab driver fails to obey the provisions of this chapter or any laws and ordinances of the City. (Ord. 1807 § 1, 8-22-06; Ord. 1741 § 3, 10-5-99; Ord. 1763 § 2, 11-13-01).
Article II. License
5.35.040 License requirements.
(a) No owner of a taxicab business shall operate or permit the operation of a taxicab as a vehicle for hire on the streets of the City without having obtained from the Chief of Police a taxicab license pursuant to the provisions of this chapter.
(b) An owner of a taxicab business whose principal place of business is located outside the City may obtain either a taxicab license or a restricted taxicab license with prior approval of the Chief of Police.
(c) The applicant must be the registered owner of at least ten taxicabs at the time of filing the application pursuant to SCCC 5.35.050; and must maintain at least ten taxicabs and ten permitted drivers while operating in the City of Santa Clara. (Ord. 1807 § 2, 8-22-06; Ord. 1713 § 2, 5-5-98; Ord. 1763 § 1, 11-13-01. Formerly § 28-4).
5.35.050 Application.
Every applicant for a taxicab license shall execute and file with the Chief of Police a verified application containing the following information:
(a) The applicant's name, home address and business address;
(b) The applicant's trade name and distinguishing vehicle markings, color or colors;
(c) The location of the proposed business;
(d) Satisfactory proof that the location of the proposed business is properly zoned and is in compliance with any required land use permit, for the conduct of the proposed business;
(e) The applicant's past experience with regard to taxicab service;
(f) Whether any license, permit or certificate issued to the applicant has been denied, revoked or suspended by any public organization. The circumstances of said denial, revocation or suspension shall be fully explained;
(g) Whether the applicant has been convicted of a crime within five years prior to the date of the application, including the nature of the crimes;
(h) The number of vehicles proposed to be used as taxicabs;
(i) A description of the vehicles, including the make, model, serial number and license number of each vehicle;
(j) A sworn statement that each vehicle is in safe operating condition, made by either the proprietor of a public garage engaged in auto repair who is licensed by the State of California, or by a mechanic licensed by the State of California and employed by the applicant, who has inspected and examined such vehicles;
(k) A completed taxicab inspection form showing that each vehicle has successfully passed the lamp, brake, smog and meter inspections, and the inspection by the Police Department;
(l) A sworn statement by the applicant that the applicant shall not operate any vehicle until the statement in subsection (j) of this section and the form in subsection (k) of this section concerning the vehicle have been filed with the Chief of Police;
(m) Evidence that applicant is the registered owner of each vehicle. The applicant shall declare that the applicant will not operate any vehicle until the applicant has become the registered owner of such vehicle and evidence thereof is filed with the Chief of Police;
(n) A duplicate copy of the insurance policies required by SCCC 5.35.310, or where not yet issued, the written statement from an insurer that such insurance policies will be issued if the application is granted;
(o) A complete description of the proposed operations, including two-way radio dispatching services. Such services shall include the operation of at least one telephone answering line for each eight taxicabs and operators in charge of answering telephone calls and dispatching cabs by radio. Such answering lines shall be maintained on the owner's premises, or by another business under contract with the owner;
(p) Evidence that applicant has paid all applicable City taxes including the business tax certificate;
(q) The applicant's sworn financial statement; and
(r) Such additional information as the Chief of Police may require. (Ord. 1713 § 2, 5-5-98. Formerly § 28-5).
5.35.060 Application renewal.
The renewal of an owner's permit shall be made every five years to the Police Department. The renewal procedure shall be limited to the review and updating of the owner's permit application information and will be subject to a fee. If there are substantial changes in the owner's application information, the Police Department may require that the owner submit a new application for review and approval. (Ord. 1713 § 2, 5-5-98. Formerly § 28-6).
5.35.070 Background investigation fee.
The applicant for a taxicab license shall submit with the application a background investigation fee as established by resolution of the City Council. (Ord. 1741 § 5, 10-5-99).
5.35.080 Grounds for denial.
The Chief of Police, or the City Manager on appeal, may deny an application for a taxicab license on any of the following grounds:
(a) Public convenience and necessity do not require the proposed service;
(b) The application fails to contain any of the required information as set forth in SCCC 5.35.050;
(c) Any of the information contained in the application is false;
(d) The name under which the applicant will conduct business, or applicant's proposed color scheme or other marking, design or insignia, will tend to confuse the identification of taxicabs which applicant proposes to operate with those operated under existing taxicab licenses;
(e) The Chief of Police, or the City Manager on appeal, determines that the applicant lacks the financial ability to provide the proposed service;
(f) Any vehicle proposed for operation is not safe, and the applicant has failed to remove such vehicle from service or to substitute a safe vehicle in its place within a reasonable time;
(g) The applicant has failed to comply with any term, condition or requirement in a taxicab license previously issued;
(h) An act or omission of the applicant constitutes a ground for revocation or suspension of the taxicab license as provided in SCCC 5.35.450;
(i) The applicant, within five years prior to the date of application, has been convicted of a crime, and the crime is substantially related to the qualifications, functions or duties of the taxicab business;
(j) The applicant is on parole or probation for a crime, and the crime is substantially related to the qualifications, functions or duties of the taxicab business;
(k) The applicant, within five years prior to the date of application, has done an act involving violence, dishonesty or fraud with the intent to substantially injure another, or substantially benefit the applicant or another;
(l) The applicant has had a taxicab license issued under the provisions of this chapter revoked or suspended in the City of Santa Clara or any other jurisdiction within five years prior to the date of application; or
(m) The applicant has failed to pay when due any applicable taxes imposed by the City. (Ord. 1807 § 3, 8-22-06; Ord. 1713 § 2, 5-5-98. Formerly § 28-8).
5.35.090 Action by Chief of Police.
(a) Within a reasonable time after receipt of the application, the Chief of Police may either deny the application, or issue a taxicab license to the applicant to conduct all or any part of the proposed service.
(b) The Chief of Police may impose such terms, conditions or restrictions on the taxicab license as the Chief deems necessary to provide adequate and dependable service to the public and to protect the use of public streets and facilities. (Ord. 1713 § 2, 5-5-98. Formerly § 28-9).
5.35.100 Taxicab license application appeal procedure.
The decision of the Chief of Police to deny the application for a taxicab license may be appealed to the City Manager as set forth in SCCC 5.35.430 through 5.35.460. (Ord. 1713 § 2, 5-5-98. Formerly § 28-10).
5.35.110 License not transferable.
The taxicab license issued pursuant to this chapter, and all interests, rights and obligations pertaining thereto, are personal to the holder of such license, and are not transferable or assignable, by operation of law or otherwise. (Ord. 1713 § 2, 5-5-98. Formerly § 28-11).
5.35.120 Acceptance.
The applicant to whom a taxicab license has been issued by the Chief of Police shall, prior to commencement of any taxicab operation, file with the Chief of Police acknowledged written acceptance thereof and its agreement to comply with all the terms and conditions required under such license and this chapter. (Ord. 1713 § 2, 5-5-98. Formerly § 28-12).
5.35.130 Additional vehicles.
(a) Permission to operate vehicles in addition to those approved under the initial taxicab license may be obtained by filing an application amendment with the Chief of Police in the same manner as prescribed by this chapter for obtaining the initial taxicab license.
(b) In granting or denying such applications for additional vehicles, the Chief of Police shall have the same authority as vested in the Chief of Police by this chapter in the matter of the initial applications. (Ord. 1713 § 2, 5-5-98. Formerly § 28-13).
5.35.140 Substitution of vehicles.
The holder of a taxicab license may substitute a different vehicle for a taxicab operated under a taxicab license issued pursuant to this chapter, by filing an application amendment with the Chief of Police, setting forth the following:
(a) Description of the vehicle, including the make, model, serial number and license number of the vehicle;
(b) Reason(s) for the proposed substitution;
(c) A sworn statement that the vehicle is in safe operating condition, made by either the proprietor of a public garage engaged in auto repair who is licensed by the State, or by a mechanic licensed by the State and employed by the applicant, who has inspected and examined said vehicle;
(d) A completed taxicab inspection form, showing that the vehicle has successfully passed the lamp, brake, smog and meter inspections, and the inspection by the Police Department;
(e) Evidence that the applicant is the registered owner of the vehicle; and
(f) Evidence that the vehicle is covered under the insurance policies required by SCCC 5.35.310. (Ord. 1713 § 2, 5-5-98. Formerly § 28-14).
5.35.150 Fares.
(a) No owner or driver shall charge or receive any rates or fares for the use of a taxicab other than those established by resolution of the City Council. Such charges shall be applicable to all portions of the passenger's travel, within or without the City.
(b) Bona fide tips are not prohibited by this section.
(c) Rates and fares for the use of taxicabs licensed under this chapter shall be adopted by the City Council by resolution after a public hearing. The City Council may, upon its own motion, or upon application of a holder of the taxicab license, adjust such rates and fares to reflect the prevailing rates and fares charged by taxicab businesses in the neighboring cities. (Ord. 1713 § 2, 5-5-98. Formerly § 28-15).
5.35.160 Display of schedule of fares.
No driver shall operate a taxicab unless the schedule of rates and fares for the use of the taxicab is posted in a conspicuous place and in a permanent and secure manner in the passenger compartment. (Ord. 1713 § 2, 5-5-98. Formerly § 28-16).
5.35.170 Full use of taxicabs.
(a) Any person who hires a taxicab shall have the exclusive right to use the entire taxicab. There shall not be additional charges for any of the person's companions or personal belongings.
(b) No owner or driver shall carry or solicit, or permit to be carried or solicited, any additional passenger unless the person first hiring the taxicab consents to the acceptance of such additional passenger. (Ord. 1713 § 2, 5-5-98. Formerly § 28-17).
5.35.180 Duty to provide services.
(a) No owner or driver of any taxicab shall refuse to provide taxicab service to a person who requests to be taken to a destination within the city, except as provided in SCCC 5.35.180(b).
(b) The owner or driver may refuse to provide taxicab service when:
(1) The person requesting such service does not appear to be in a sober or orderly manner;
(2) The service is requested for an unlawful purpose; or
(3) The taxicab has already been hired. (Ord. 1713 § 2, 5-5-98. Formerly § 28-18).
5.35.190 Direct route.
Unless otherwise directed by the passenger hiring the taxicab, the driver of such taxicab shall take the most direct, expeditious and safe route from the starting point to the destination point. (Ord. 1713 § 2, 5-5-98. Formerly § 28-19).
5.35.200 Passenger prohibited in front seat.
(a) No owner or driver shall permit any passenger to ride in the front seat when the taxicab is in motion.
(b) The provisions of this section shall not apply to a passenger who, for physical reasons, can ride with greater comfort in the front seat. (Ord. 1713 § 2, 5-5-98. Formerly § 28-20).
5.35.210 Overcharge prohibited.
(a) No person shall charge a greater fare than that authorized by this chapter for the hire of a taxicab.
(b) It shall constitute a ground for revocation or suspension of a taxicab license or a taxicab driver's permit for any owner or driver to charge a greater fare than that authorized by this chapter for the hire of a taxicab.
(c) The owner or driver who overcharges a taxicab fare shall be liable to the person who hires the taxicab for the difference between the amount of fare actually charged and the amount of fare authorized by this chapter.
(d) The remedies provided by this section are in addition to any other legal or equitable remedies, and are not intended to be exclusive. (Ord. 1713 § 2, 5-5-98. Formerly § 28-21).
5.35.220 Testing of taxicab drivers for controlled substances and alcohol.
(a) No taxicab license or taxicab driver's permit shall be issued or renewed unless the holder at the time of permit issuance or renewal files with the Police Department a certification that the holder maintains a mandatory controlled substance and alcohol testing certification program conforming to 49 CFR Part 40 (Section 40.1 et seq.) and Part 382 (Section 382.101 et seq.) and California Government Code Section 53075.5 for all drivers of vehicles operated under the certificate.
(b) No taxicab license or taxicab driver's permit shall be issued or renewed unless the holder at the time of the permit issuance or renewal files with the Police Department a certification that each driver of vehicles operated under the certificate has tested negatively for controlled substances and alcohol under a mandatory controlled substance and alcohol testing certification program conforming to Parts 40 and 382 of Title 49 of the Code of Federal Regulations and California Government Code Section 53075.5.
(c) An applicant that receives a positive test result during a pre-employment drug screening procedure may not resubmit an application for a taxicab driver's permit for a period of five years.
(d) If a taxicab driver tests positive during a random drug screening process, the taxicab driver's permit will be suspended pursuant to SCCC 5.35.460, Emergency suspension, until the driver has successfully completed all the requirements placed on him/her by the Substance Abuse Professional (SAP). If this same taxicab driver tests positive again during a random drug screening process, his/her taxicab driver's permit will be revoked for a period of not less than five years. (Ord. 1713 § 2, 5-5-98; Ord. 1741 § 6, 10-5-99. Formerly § 28-22).
5.35.230 Taxicab fares.
(a) Refusal to Pay Fares Prohibited.
(1) No person shall refuse to pay the fare imposed on the person for having received any taxicab service.
(2) No person shall hire any taxicab with the intent to defraud the owner or driver of the value of the taxicab service.
(3) The remedies provided by this section are in addition to any other legal or equitable remedies, and are not intended to be exclusive.
(b) Receipt for Fare. The driver of any taxicab shall give any passenger who so requests a receipt for the fare charged and paid. The receipt shall contain:
(1) The name of the taxicab business;
(2) The name of the driver;
(3) Taxicab license number;
(4) Date of transaction;
(5) The meter reading; and
(6) The amount of fares charged and paid. (Ord. 1713 § 2, 5-5-98. Formerly § 28-23).
5.35.240 Equipment and conditions required.
(a) Each taxicab operated under a taxicab license issued pursuant to this chapter shall at all times have:
(1) One operable safety belt for each passenger carried;
(2) A spare tire, capable of being used on any of the wheels of the vehicle;
(3) A set of tools for changing tires;
(4) Two independently acting and entirely unconnected braking systems in proper operating order;
(5) Safety or shatterproof glass in windshield, windows and doors;
(6) An "out of service" sign within the vehicle, with dimensions of twelve (12) inches by fourteen (14) inches, to be displayed in the right rear window during those times when the taxicab is on public streets and not available for hire by the general public; and
(7) A two-way radio in an "on and operating" position for the entire time the taxicab is in service and available to the public.
(b) Each taxicab operated under a taxicab license issued pursuant to this chapter shall be maintained in such condition so that:
(1) All doors, windows, hood and trunk will open and close securely;
(2) The inside of the taxicab and the luggage compartment is free of litter and trash, and does not soil, rip or otherwise damage the passenger's clothing or effects; and
(3) The exterior of the taxicab is clean and in good repair, and does not have any peeling, dents, rust or missing components which are discernable from five feet of the taxicab.
(c) All taxicabs shall be no more than nine model years old or exceed four hundred thousand (400,000) miles, upon the annual taxi inspection date. These two requirements may be waived at the discretion of the Permits Unit, if the taxicab meets all current safety inspection requirements. (Ord. 1807 § 4, 8-22-06; Ord. 1713 § 2, 5-5-98. Formerly § 28-24).
5.35.250 Identification of taxicabs.
(a) Taxicabs identified by another jurisdiction may use that identification scheme while working within the city.
(b) Taxicabs not previously identified by another jurisdiction. The following identification shall be placed on both sides and the rear of each taxicab operated under this chapter, to be applied by non-water-soluble paint or similar material:
(1) A serial body number, issued by the Chief of Police for each taxicab:
(A) Shall be placed on both the front quarter panels and the left side of the rear trunk lid of each vehicle.
(B) Shall be at least four inches in height and of such color as will contrast distinctly with the color of the body of the taxicab.
(2) The owner's trade name:
(A) Shall include the word "taxicab," "taxi" or "cab."
(B) Shall be in letters at least four inches in height and of such color as will contrast distinctly with the color of the body of the taxicab.
(c) The owner and the driver shall maintain the paint, color scheme, decals and lettering on the exterior of a taxicab in good condition and in the same condition as originally approved by the Chief of Police.
(d) All identification required to be placed on a taxicab shall be removed within forty-eight (48) hours after such taxicab is removed from the owner's taxicab service. (Ord. 1713 § 2, 5-5-98. Formerly § 28-25).
5.35.260 Safety inspection.
(a) All taxicabs shall be safety inspected annually in the manner provided for by SCCC 5.35.050(j) and (k). The inspection shall be completed prior to the renewal of the taxicab license. If the taxicab successfully completes the safety inspection, a taxicab safety permit sticker shall be issued and shall be displayed in the taxicab rear window.
(b) Taxicabs that are owner-operated vehicles will receive a taxicab safety permit sticker only if the registered owner holds a valid taxi driver permit.
(c) The driver of a taxicab shall inspect the taxicab and its equipment at least once each day.
(d) The registered owner of a taxicab, who is aware of or should have been aware of any unsafe condition of the taxicab, shall not allow the taxicab to be used until necessary repairs are made. (Ord. 1807 § 5, 8-22-06; Ord. 1713 § 2, 5-5-98. Formerly § 28-26).
5.35.270 Evidence of mechanical condition.
(a) Upon receipt of a citizen's complaint or police officer's observation regarding the mechanical condition of a taxicab, or following the taxicab's involvement in an accident, the Chief of Police may require any or all of the following:
(1) A visual inspection of the taxicab by a member of the Police Department; and/or
(2) An interview by a member of the Police Department with the owner or driver of the taxicab regarding the mechanical condition of the taxicab; and/or
(3) A sworn statement that the taxicab is in safe operating condition, made by either the proprietor of a public garage engaged in auto repair who is licensed by the State of California, or by a mechanic licensed by the State of California and employed by the holder of the taxicab license, who has inspected and examined said taxicab.
(b) If the owner or driver of the taxicab refuses to submit to an inspection as required by subsection (a) of this section, the Chief of Police may issue an order prohibiting such vehicle from use in taxicab service.
(c) Upon determination that any vehicle operated under a taxicab license is not in safe operating condition, the Chief of Police may issue an order requiring that such vehicle not be used in taxicab service until it has been repaired to the satisfaction of the Chief of Police.
(d) The Chief of Police shall have the authority to impound vehicles which continue to be used for taxicab service in violation of the order. (Ord. 1713 § 2, 5-5-98. Formerly § 28-27).
5.35.280 Report of accidents.
Each holder of a taxicab license and the driver of a taxicab involved in an accident resulting in property damage exceeding one hundred dollars ($100.00), or personal injury of any kind, shall report the accident to the Chief of Police within ten days after the accident. (Ord. 1713 § 2, 5-5-98. Formerly § 28-28).
5.35.290 Owner's records.
(a) The owner shall maintain at all times complete and accurate records of:
(1) The names, addresses and dates of commencement and termination of employment or engaged under contract by the owner;
(2) The description of the taxicab driven by each driver, including the make, model, serial number and license number;
(3) The hours during which each driver is on duty and the number of trips taken by each driver; and
(4) All dispatch calls received and made by the owner, including the starting and destination points and times.
(b) The owner shall maintain such records for a minimum period of five years and shall make them available for inspection upon request by the Chief of Police.
(c) A list of current taxicab drivers shall be sent to the Chief of Police on a bimonthly schedule.
(d) The owner, who is aware of or should have been aware that a taxicab driver does not possess a valid City taxicab driver's permit, shall not dispatch that taxicab driver for hire within the city.
(e) Drivers shall submit to owner a daily driver's log sheet indicating, at a minimum, the following:
(1) Driver's name;
(2) Date;
(3) Taxicab number;
(4) Time started;
(5) Time finished;
(6) Time of pick-up call;
(7) Pick-up location;
(8) Drop-off location;
(9) Meter reading and amount of total fare collected. (Ord. 1713 § 2, 5-5-98; Ord. 1741 § 7, 10-5-99. Formerly § 28-29).
5.35.300 Issuance prior to amendment.
All taxicab licenses issued prior to the effective date of this amendment to this chapter shall be deemed issued pursuant to this chapter as amended and shall in all respects be subject to the provisions of this chapter as amended. (Ord. 1713 § 2, 5-5-98. Formerly § 28-30).
5.35.310 Insurance requirements.
(a) No owner shall operate any taxicab in the City unless such taxicab and its driver shall be insured against personal injury, property damage and general liability in an amount that shall be determined from time to time by the City Council by resolution to properly reflect adjustments as it deems necessary. Written evidence of such insurance must be provided to the City Clerk's office and maintained concurrently with all taxicab operations.
(b) The liability insurance policy is subject to the review and approval of the City Attorney and/or the City Manager. Replacement, additions, deletions or corrections to the insurance requirements or policy may be required by the City Attorney and/or City Manager. Replacement of an insurance policy shall be made within ten days of notification; if no replacement of insurance policy is made within the ten days of notification the owner's permit may be suspended. (Ord. 1713 § 2, 5-5-98. Formerly § 28-31).
Article III. Taxicab Driver's Permit
5.35.320 Application.
(a) No person shall operate any taxicab in the City unless the person has a valid driver's permit to do so as hereinafter provided.
(b) Application for a taxicab driver's permit shall be made in writing to the Chief of Police setting forth the following information:
(1) The applicant's name, age, address and past experience with regard to taxicab service;
(2) The names and addresses of the applicant's employers during the preceding three years;
(3) Whether an operator's or a chauffeur's license issued to the applicant by any state or governmental agency has ever been revoked, and the reasons therefor;
(4) Whether the applicant has been convicted of a crime within five years prior to the date of the application, including the nature of the crimes;
(5) The name and address of the owner by whom the applicant is to be employed or engaged under contract as a taxicab driver;
(6) The endorsement by the owner, by whom the applicant is to be employed or engaged under contract as a taxicab driver, on the application stating that the applicant has acquired proficient knowledge of the traffic laws of the State of California and the City, and of the streets of the City, and to safely operate a public transportation vehicle in the City;
(7) Whether the applicant has paid all applicable taxes imposed by the City, including the business tax certificate if applicant is to be engaged under contract as an independent contractor; and
(8) Such additional information as the Chief of Police may require. (Ord. 1713 § 2, 5-5-98. Formerly § 28-32).
5.35.330 Permit card.
The taxicab driver's photo permit shall be posted in a place conspicuous from the passenger's compartment of the taxicab. (Ord. 1807 § 6, 8-22-06; Ord. 1713 § 2, 5-5-98. Formerly § 28-33).
5.35.340 Permit fingerprints and requirements.
(a) Applicants shall be fingerprinted by the Police Department.
(b) Prior to the issuance of a taxicab driver's permit, the applicant must demonstrate to the Chief of Police:
(1) Proficient knowledge of the City's Taxi Ordinance, the traffic laws of the State of California, and the streets of the City.
(2) Ability to properly and safely operate a taxicab may be considered in each taxicab driver's permit evaluation. (Ord. 1807 § 7, 8-22-06; Ord. 1713 § 2, 5-5-98. Formerly § 28-34).
5.35.350 Permit fee.
The applicant for a taxicab driver's permit shall submit a nonrefundable application fee as set forth in the schedule of fees established by resolution of the City Council. (Ord. 1713 § 2, 5-5-98. Formerly § 28-35).
5.35.360 Grounds for denial.
The Chief of Police, or the City Manager on appeal, may deny an application for a taxicab driver's permit filed by any person who:
(a) Is under the age of eighteen (18) years;
(b) Does not hold a valid driver's license issued by the Department of Motor Vehicles of the State for the type of vehicle the applicant proposes to use as a taxicab in the City;
(c) Because of excessive and continuous use of alcoholic liquors, is incapable of safely operating a public transportation vehicle;
(d) Is addicted to the use of controlled substances or a habitual user of any other drug which renders a person incapable of safely operating a public transportation vehicle;
(e) Is epileptic;
(f) Has a disorder characterized by lapses of consciousness;
(g) Does not demonstrate proficient knowledge of the traffic laws of the State and the City, the streets of the City, or, to safely operate a public transportation vehicle in the City;
(h) Has failed to furnish the information required for the application for the permit;
(i) Has knowingly made a false statement, or concealed a material fact, or otherwise committed any fraud in the application;
(j) Within five years prior to the date of application has been convicted of a offense involving conduct which requires registration under California Penal Code Section 290;
(k) Within five years prior to the date of application has been convicted of any offense involving the use, possession, sale or transportation of controlled substances, and the commission of such offense involved the use of a motor vehicle;
(l) Within five years prior to the date of application has been convicted of reckless driving or driving under the influence of any drug or intoxicating liquor, regardless of whether the incident resulted in bodily injury or death;
(m) Within five years prior to the date of application has been convicted of a crime, and the crime is substantially related to the qualifications, functions or duties of the taxicab business;
(n) Is on parole or probation for a crime, and the crime is substantially related to the qualifications, functions or duties of the taxicab business;
(o) Within five years prior to the date of application has done any act involving violence, dishonesty or fraud with the intent to substantially injure another, or substantially benefit the applicant or another;
(p) Has had a taxicab driver's permit issued pursuant to this chapter revoked within three years prior to the date of application;
(q) The Chief of Police determines, is a negligent or incompetent operator of a motor vehicle;
(r) Has failed to pay when due all applicable taxes imposed by the City;
(s) The Chief of Police may deny the granting of any license to operate any taxicab and limousine in the City for the reason that the public convenience or necessity does not require such additional taxicab and limousine operations, or for any other reasonable cause that, within its discretion, renders the proposed operations undesirable to the City. (Ord. 1713 § 2, 5-5-98. Formerly § 28-36).
5.35.370 Issuance of permit and renewal.
(a) Within a reasonable time after receipt of the application, the Chief of Police shall issue a taxicab driver's permit to the applicant, if the Chief determines that there is no ground for denial of the permit.
(b) The duration of the permit issued pursuant to this chapter shall be for two years from the date of the application.
(c) Renewal of a taxicab driver's permit shall require a renewal fee and background check. Re-testing may be required of the taxicab driver. (Ord. 1713 § 2, 5-5-98. Formerly § 28-37).
5.35.380 Information on permit.
Each taxicab driver's permit shall be numbered and signed by the Chief of Police and shall contain the following information:
(a) The date of expiration of permit;
(b) The driver's name and driver's license number;
(c) A description of the driver, including date of birth, sex, height, weight, color of eyes and color of hair;
(d) The name of the cab company by whom the driver is employed or engaged under contract;
(e) Photograph; and
(f) Other information as may be deemed necessary by the Chief of Police. (Ord. 1807 § 8, 8-22-06; Ord. 1713 § 2, 5-5-98. Formerly § 28-38).
5.35.390 Termination of employment or contract.
(a) The taxicab driver's permit shall be automatically revoked upon the termination of the driver's employment or contract with the owner who endorsed the permit application as required by SCCC 5.35.320(b)(6).
(b) Within twenty-four (24) hours after any termination of employment or contract, the owner and driver shall jointly notify the Chief of Police in writing of such termination and surrender any taxicab driver's permit in their respective possessions. If said permit is unavailable, the owner and driver shall state on the notification the unavailability of the permit and the reasons therefor. (Ord. 1713 § 2, 5-5-98. Formerly § 28-39).
5.35.400 Reissuance of permit.
(a) The Chief of Police may approve reissuance of a taxicab driver's permit to an applicant without requiring the applicant's photographs and fingerprints, and the permit fee, if an application endorsed by another owner is filed within six months after the applicant's prior employment or contract with a taxicab business as a driver was terminated.
(b) This section does not apply to an applicant whose employment or contract with a taxicab business as a driver was terminated for reasons which constituted any of the grounds for denial, suspension or revocation of a taxicab driver's permit. (Ord. 1713 § 2, 5-5-98. Formerly § 28-40).
5.35.410 Issuance prior to amendment.
All taxicab driver's permits issued prior to the effective date of this amendment to this chapter shall be deemed issued pursuant to this chapter as amended and shall in all respects be subject to the provisions of this chapter as amended. City-issued identification card shall be carried on the taxicab driver's person at all times while working within the city. (Ord. 1713 § 2, 5-5-98. Formerly § 28-41).
5.35.420 Driver's appearance.
The taxicab drivers shall be clean and neat in appearance and shall wear shoes at all times while on duty. Nothing in this chapter shall preclude an owner from establishing a dress code or similar rules to regulate the appearance of all drivers. Taxicab drivers shall not sleep in their vehicles while on active duty. (Ord. 1741 § 9, 10-5-99).
Article IV. Suspension and Revocation
5.35.430 Suspension or revocation of taxicab license.
The Chief of Police, or the City Manager on appeal, shall have the power to suspend or revoke a taxicab license issued under this chapter, on any of the grounds stated in this chapter or on any of the following grounds:
(a) The violation by the owner of any of the terms, conditions or requirements of the taxicab license or of this chapter.
(b) Any act or omission of the owner of any fact or condition which, if it existed at the time the application for a taxicab license was filed, would have warranted the denial of the application.
(c) Cancellation or suspension of any insurance policy or coverage required of the owner by SCCC 5.35.310.
(d) Failure of the owner to pay any judgment against the owner for personal injury of death, or property damage arising out of the conduct of business under the taxicab license issued pursuant to this chapter, within thirty (30) days after the judgment has become final.
(e) Voluntary written request by the owner to suspend the taxicab license for a definite period of time.
(f) Overcharge of, or the attempt to overcharge, taxicab fares by the owner, as prohibited by SCCC 5.35.210.
(g) Failure of the owner to pay when due any applicable taxes imposed by the City.
(h) Any activity that impairs the safety of passengers. (Ord. 1713 § 2, 5-5-98; Ord. 1741 § 10, 10-5-99. Formerly § 28-43).
5.35.440 Suspension or revocation of taxicab driver's permit.
The Chief of Police, or the City Manager on appeal, shall have the power to suspend or revoke a taxicab driver's permit issued under this chapter, on any of the grounds stated in this chapter or on any of the following grounds:
(a) Suspension, revocation or expiration of the driver's privilege granted by the Department of Motor Vehicles of the State to operate a motor vehicle on the public highways of the State.
(b) The violation by the driver of any of the terms, conditions or requirements of the taxicab driver's permit or of this chapter.
(c) Any act or omission of the driver or any fact or condition which, if it existed at the time the application for a taxicab driver's permit was filed, would have warranted the denial of the application.
(d) Failure of the driver to pay any judgment against the driver for personal injury or death, or property damage arising out of the driver's operation of a public transportation vehicle, within thirty (30) days after the judgment has become final.
(e) The driver consumed drugs or alcohol or is under the influence of drugs or alcohol while on duty or is convicted of a crime relating to drugs or alcohol.
(f) Overcharge of, or the attempt to overcharge, taxicab fares by the driver, as prohibited by SCCC 5.35.210.
(g) Failure of the driver to pay when due any applicable taxes imposed by the City. (Ord. 1713 § 2, 5-5-98. Formerly § 28-44).
5.35.450 Notice and hearing for suspension and revocation.
Revocations and suspensions shall be administered as follows:
(a) Except as provided in SCCC 5.35.460, a taxicab license or a taxicab driver's permit issued pursuant to this chapter shall be revoked or suspended only after the owner or driver has been given reasonable notice and opportunity to be heard.
(b) Whenever the Chief of Police has reasonable cause to believe that grounds for the suspension or revocation of a permit exists, he/she shall give the holder of the taxicab license or taxicab permit written notice stating the alleged grounds for the suspension or revocation and the effective date of the suspension or revocation. This notice will be by certified mail, return receipt requested, sent to the address shown on the last application or renewal, or by personal service. The decision of the Chief of Police to revoke or suspend a taxicab license or taxicab driver's permit may be appealed to the City Manager or designee. The notice shall provide the permit holder with information on the appeal process.
(c) The license holder must submit a request for an appeal hearing to the City Manager within ten days receipt of written notice.
(d) Upon receipt of a request for an appeal hearing, the City Manager, or designee, shall conduct a hearing within forty-five (45) days of the request. The City Manager, or designee, shall notify the permit holder in writing of the date, time, and place of the hearing. The hearing shall not be less than ten days after the service of the notice of hearing by postage of the notice by certified mail, return receipt requested, or by personal service.
(e) The suspension or revocation shall be stayed pending the outcome of the appeal hearing.
(f) At the hearing, both the holder of the taxicab license or taxicab driver's permit and the Chief of Police shall have the right to appear and be represented by counsel and to present evidence and arguments which are relevant to the grounds for the appeal, as stated in the written grounds for the appeal hearing. Within ten working days of the conclusion of the hearing, the City Manager shall issue a written decision which states whether the decision of the Chief of Police is upheld, modified, or reversed; the length of any suspension, and the effective date of the suspension or revocation. The decision of the City Manager shall be served on the holder of the permit by certified mail, return receipt requested, or by personal service.
(g) The decision of the City Manager shall be final.
(h) Unless otherwise specifically prohibited by law, the burden of proof is on the permittee/applicant in any hearing or other matter under this chapter.
(i) Upon a written decision of the City Manager which suspends or revokes a taxicab license or taxicab permit, the holder of the taxicab license or taxicab permit shall surrender the license and/or permit to the Chief of Police immediately after service of the notice of the decision. (Ord. 1741 § 12, 10-5-99).
5.35.460 Emergency suspension.
(a) The Chief of Police may issue an order suspending a taxicab license or a taxicab driver's permit for a period not exceeding ten days without having conducted a hearing therefor, if the Chief determines that the continued use of the license or permit will cause immediate hazard to the public safety, health or welfare.
(b) Within ten days of the effective date of the order, the Chief of Police shall hold a hearing for the owner or driver to show cause why the license or permit should not be suspended or revoked.
(c) The order issued by the Chief of Police under subsection (a) of this section shall also contain a notice of the hearing setting forth the date, time and place of the hearing. (Ord. 1713 § 2, 5-5-98. Formerly § 28-46).