Chapter 6.08
TAXICABS
Sections:
6.08.025 Owner’s license required.
6.08.030 Owner’s license – Application fee.
6.08.040 Owner’s license – Nontransferable.
6.08.050 Owner’s license – Revocation – Suspension.
6.08.060 Posting rate – License.
6.08.080 Driver’s permit application, issuance and display – Annual renewal.
6.08.090 Denial of driver’s permit applications – Suspension or revocation of driver’s permits.
6.08.100 Mandatory controlled substance and alcohol testing program and policy.
6.08.110 Investigation of complaints.
6.08.120 Advertisement regulations.
6.08.010 Purpose and scope.
A. The purpose of this chapter is to protect the public health, safety and welfare by regulating the operation and licensing of vehicles for hire and the drivers of passenger vehicles for hire as authorized by Cal. Veh. Code § 21100.
B. All vehicles for hire authorized to operate within 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 thereof, including this chapter. No vehicle for hire operated in the City shall be rented to any owner or driver unless such owner or driver has obtained the appropriate permits pursuant to this chapter.
C. This chapter is limited in scope to the regulation of vehicles for hire, as defined herein. However, it is not intended to regulate vehicles or businesses required to obtain a certificate of convenience and necessity issued by the California Public Utilities Commission, nor does it apply to any passenger transportation service owned and operated by a public agency. [Ord. 12-004.]
6.08.020 Definitions.
“Driver” means every person in charge of, or operating, any vehicle for hire, as herein defined, either as agent, employee or otherwise under the direction of the owner, or as owner, as herein defined.
“Owner” means every individual, group of individuals, partnership, limited partnership, joint venture, shareholder, firm or corporation or any other organizational structure having use or control of any vehicle for hire, as herein defined, whether as owner, lessee or otherwise. The term “owner” includes self-employed drivers.
“Person” shall mean individuals, firms, and corporations.
“Police Chief” shall mean the Chief of Police or his or her designee.
“Taxicab” shall mean any automobile or motor-propelled vehicle by which passengers are transported for hire upon any public street in the City, and not over a regular or defined route, where charge for such transportation is measured in part by the distance traveled or by the time required for such transportation. [Ord. 12-004.]
6.08.025 Owner’s license required.
It shall be unlawful for any person to operate, or cause to be operated, any taxicab along any public street in the City unless the owner thereof applies for and obtains a license to do so in accordance with the provisions of this chapter. [Ord. 12-004; amended during 2013 recodification.]
6.08.030 Owner’s license – Application fee.
A. An application for an owner’s license shall be made to the Police Chief, in writing, and shall be accompanied by an application fee as set, from time to time, by resolution of the City Council.
B. The application shall set forth:
1. The name and address of the applicant, including the names and addresses of all parties, owners or officers.
2. A description of any motor vehicle which the applicant proposes to use, including its trade name, motor and serial number, license plate number, year and model.
3. A schedule of proposed fees.
4. A copy of the insurance policy covering each taxicab for public liability and property damage.
5. The names and addresses of each driver to be employed together with proof that each driver holds a valid chauffeur’s license issued by the State of California. [Ord. 12-004.]
6.08.040 Owner’s license – Nontransferable.
No owner’s license issued under this section shall be transferable, either by contract or operation of law, without the written consent of the Police Chief, and any such attempted transfer shall be cause for revocation of the license. [Ord. 12-004.]
6.08.050 Owner’s license – Revocation – Suspension.
Any owner’s license granted under the provisions of this chapter may be revoked, suspended or modified by the Police Chief for any of the following reasons:
A. The nonpayment of any business license tax imposed by this chapter.
B. Cancellation of the required insurance policy.
C. Loss of a valid chauffeur’s license by any driver, or failure of any driver to maintain a satisfactory driving record.
D. Failure to maintain any vehicles used as taxicabs in a safe condition.
E. Any cause which in the opinion of the Police Chief makes it contrary to the public health, safety or welfare for the license to be continued. [Ord. 12-004; Ord. 13-004 § 3.]
6.08.060 Posting rate – License.
Every taxicab shall have posted in the passenger’s compartment a copy of the license issued hereunder and a schedule of the rates and charges for hire of the vehicle. It shall be unlawful for the owner or driver of any taxicab to fix, charge or collect a rate in excess of rates set by resolution of the City Council. The rates set pursuant to this section may from time to time be changed or amended by resolution of the City Council. Upon the adoption of any such resolution, the change or amendment therein provided shall become effective. [Ord. 12-004.]
6.08.070 Driver’s permit.
A. It is unlawful for any driver to operate any vehicle for hire in the City without a valid permit to do so as provided in this chapter.
B. The police department shall administer the application process for driver’s permits.
C. Each application for a driver’s permit shall be in writing, duly certified under oath, and it, together with a copy thereof, shall be filed with the Police Chief, who shall transmit the original to the City Clerk, who shall file the same. [Ord. 12-004.]
6.08.080 Driver’s permit application, issuance and display – Annual renewal.
A. Each driver’s application shall set forth information including, but not limited to, the following:
1. The name, birth date and address of the driver;
2. The name and address of each of the driver’s employers during the preceding three (3) years;
3. Whether or not a vehicle for hire driver’s permit issued to the driver by the City or any other jurisdiction has ever been revoked and, if so, the circumstances of such revocation;
4. The name and address of the owner by whom the driver is to be employed as a driver (which owner shall endorse the application); and
5. Such additional information as the Police Chief may require.
B. No person shall operate a vehicle for hire if the driver has had a driver’s license or permit revoked in any jurisdiction for just cause.
C. Unless earlier suspended or terminated as provided in this chapter, each permit shall be in effect for one (1) year and shall be renewed only upon the filing by the permit holder, and approval by the Police Chief, of a permit renewal application, which shall contain the same information and be reviewed on the same bases as an original application.
D. The applicant must evidence a proficient knowledge of the traffic laws of the State, and demonstrate his or her ability to operate a taxicab, all to the satisfaction of the Police Chief. Upon satisfying the foregoing requirements, said driver shall be fingerprinted by, and his or her record filed in, the Dixon Police Department. Said driver shall also file with the application two (2) recent photographs (size one and one-half (1.5) inch by one and one-half (1.5) inch), one (1) to be filed with the application and the other to be retained by the owner employing the driver and posted in a place conspicuous from the passenger’s compartment of each vehicle for hire while said driver is operating same.
E. No driver’s permit shall be granted to any person under the age of eighteen (18) years.
F. Every driver’s permit issued under this chapter shall set forth the name of the owner for whom said driver is authorized to operate a vehicle for hire, and shall be valid only so long as the driver continues in the employ of such owner. Upon the termination of such employment or affiliation with the owner, the driver shall forthwith surrender the driver’s permit to the Police Chief within two (2) days of the termination.
G. No driver’s permit issued under this chapter shall be transferable under any circumstances.
H. When submitting an application for each new and renewed permit, the applicant, whether through the owner or otherwise, must pay any fees required under this chapter and a nonrefundable application fee as set, from time to time, by resolution of the City Council. The latter application fee shall be used solely to defray the costs of the Dixon Police Department investigations and reports required herein. [Ord. 12-004.]
6.08.090 Denial of driver’s permit applications – Suspension or revocation of driver’s permits.
A. The Police Chief may deny any driver’s permit application if it is determined that:
1. There are physical, mental or moral deficiencies of the applicant, or a criminal record, which, in the sound discretion of the Police Chief or his or her designee, would render such applicant not competent to operate a vehicle for hire;
2. The applicant has been found guilty of or has been convicted of more than four (4) moving traffic violations within three (3) years of the date of application, or has been found guilty of or has been convicted of more than two (2) moving traffic violations within one (1) year of the date of application;
3. The driver’s license of the applicant has been suspended or revoked or the driver is not in compliance with the provisions of this chapter and/or State or Federal regulations governing the operation of a motor vehicle;
4. The driver has received a positive result in any random test for controlled substances or alcohol within the prior twelve (12) calendar months;
5. The granting of such permit would be in violation of any law or would endanger the public health, safety or welfare;
6. The driver is under the age of eighteen (18); or
7. The driver failed to provide required information, omitted relevant information, or provided false information on the written application or otherwise during the application process.
B. The Police Chief shall have the power to suspend or revoke any driver’s permit issued under this chapter for any of the reasons for which an application for such a permit may be denied.
C. In the event of such suspension or revocation of a driver’s permit, the holder of the permit shall forthwith surrender it to the Police Chief. [Ord. 12-004.]
6.08.100 Mandatory controlled substance and alcohol testing program and policy.
A. The owner is obligated to ensure that each 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 and as a condition of driver’s permit issuance and renewal. As used in this section, a “negative test for alcohol” means an alcohol screening test showing a breath alcohol concentration of less than two-hundredths percent (0.02%).
B. Each owner is obligated to ensure compliance with this section for all drivers employed by the owner’s vehicle for hire business. Owners shall pay all costs of this program with respect to their employees and potential employees, except that owners may require drivers who fail any required test to pay the costs of the driver’s own rehabilitation and return-to-duty and follow-up testing.
C. Testing procedures shall be substantially as provided 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, return-to-duty, follow-up testing and other requirements, except as provided otherwise in this section, shall be substantially as set forth in Part 382 of Title 49 of the Code of Federal Regulations.
D. A test in another jurisdiction shall be accepted as meeting the same requirement in the City. 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; provided, that the driver has not tested positive subsequent to such negative result. However, an earlier negative result shall not be accepted as meeting the preemployment testing requirement for any subsequent employment, or any testing requirements under the program other than periodic testing.
E. All positive test results shall be reported directly to the Police Chief, and the Police Chief shall notify the owner affiliated with the driver of the positive results. In all other cases, the results shall be reported directly to the driver’s employer, who shall immediately notify the Police Chief of the results.
F. All test results are confidential and shall not be released without the consent of the driver, except as authorized or required by law.
G. Owners and self-employed independent drivers shall pay all related service charges, fees, and assessments that the City may incur in the enforcement of this section as set forth in the City’s fee schedule, adopted by resolution of the City Council. Such fees shall be used solely to defray the costs of the Police Department investigations and reports required herein.
H. No evidence derived from a positive test result pursuant to the program shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances. [Ord. 12-004.]
6.08.110 Investigation of complaints.
A. The Police Chief shall be responsible for maintaining files of and investigating complaints of owners or drivers that advertise or operate vehicles for hire. The Police Chief shall initiate appropriate action against vehicle for hire owners and drivers when a complaint or complaints warrant such action.
B. Pursuant to this investigation, the Police Chief shall:
1. Determine which owners and drivers, if any, are required to have in effect a valid permit as required by local, State or Federal law, but do not have that valid authority to operate.
2. Inform any owner or driver not having valid authority to operate that it is in violation of law.
3. Within sixty (60) days of informing the owner or driver pursuant to subsection (B)(2) of this section, institute civil or criminal proceedings, or both, pursuant to any applicable authority.
C. The Police Chief shall also adopt criteria establishing the type of information that, when contained in a complaint, is sufficient to warrant an investigation pursuant to Cal. Gov’t Code § 53075.7 to investigate complaints of unauthorized taxicab operations. These operating procedures shall be in writing and may be revised from time to time by the Police Chief. [Ord. 12-004.]
6.08.120 Advertisement regulations.
Pursuant to Cal. Gov’t Code § 53075.9, every owner shall include the number of its permit in every written or oral advertisement of the services it offers.
For purposes of this section, “advertisement” includes, but is not limited to, the issuance of any card, sign, or device to any person; or causing, permitting, or allowing the placement of any sign or marking on or in any building or structure, or in any media form, including newspaper, magazine, radio wave, satellite signal, or through any electronic transmission, or in any directory soliciting taxicab transportation services subject to this chapter. A violation of this section is punishable to the maximum extent provided in Cal. Gov’t Code § 53075.9, subject to the hearing process provided in this chapter. [Ord. 12-004.]
6.08.130 Appeals.
Any person whose application for a permit or license has been denied or whose permit or license has been suspended or revoked by the Police Chief shall have the right to appeal to the City Council pursuant to DMC 6.02.140. [Ord. 12-004.]