Chapter 4-8 VEHICLES FOR HIRE*

(b) “Driver permit” means the annual permit issued by the Chief of Police which authorizes the recipient to drive a taxicab for a specified fleet manager within the City of Emeryville.

(c) “Entity” means an individual, group of individuals, partnership, limited partnership, joint venture, corporation, cooperative, firm, association or any other organizational structure.

(d) “Fleet management permit” means the permit issued to an entity by the Chief of Police which authorizes the overall operation and management of all taxicabs engaged in the business of carrying passengers for hire identified by name, phone number, central dispatch, color scheme, monogram, or insignia distinguishing itself from any other entity engaged in such business.

(e) “Fleet manager” means that person designated by the entity as the person responsible for all operations under the fleet management permit.

(f) “Owner” means any entity that is named as the registered owner of a vehicle which is used as a taxicab in the City, including, but not limited to, receivers or trustees appointed by any court.

(g) “Self-employed” means a natural person acting as an independent driver unassociated with a particular fleet or one who leases a fleet vehicle for their independent enterprise.

(h) “Taxicab” shall mean every passenger vehicle used to carry passengers for hire and which is operated at rate per mile or upon a waiting time basis or both. “Taxicab” does not include passenger services over a defined route, irrespective of whether the operation extends beyond the boundary limits of the City of Emeryville or if routed under the direction of such passengers or of such person hiring the vehicle.

(i) “Taxicab permit” means the permit, issued by the Chief of Police, which evidences that a vehicle is authorized by the Chief of Police to operate under a specific fleet management permit, has been inspected, and certified to operate as a taxicab.

(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)

4-8.1.2 Permit Fees.

For purposes of this chapter, fees for a fleet management permit, taxicab permit and driver’s permit and any renewal thereof shall be as set forth in the City of Emeryville Master Fee Schedule. Such fees shall be set to defray the costs of taxicab vehicle inspections, certifications and background investigation costs of fleet management permits, taxicab permits and driver’s permits.

(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)

4-8.1.3 Fleet Management Permit.

(a) It shall be unlawful for any entity to engage in the business of carrying passengers for hire in the City of Emeryville without first obtaining and maintaining a fleet management permit specified by this section.

(b) Applications for a fleet management permit shall be filed with the Chief of Police. The form and contents of such applications shall be specified by the Chief of Police; however, the following shall constitute the minimum requirements to qualify for a fleet management permit:

(1) Proof that the applicant has insurance which satisfies the requirements of Section 4-8.1.8 and which is adequate to cover all taxicabs for which the applicant is responsible;

(2) Designation of a fleet manager to whom all correspondence and official notices may be directed and who is authorized to and is responsible for the conduct of all business with City officials charged with enforcing the provisions of this chapter;

(3) Disclosure of the names, residence, and business addresses of the fleet manager, all directors, officers, partners, and associates directly or indirectly holding a financial interest in the application and the proposed fleet management permit. A certified copy of the current, valid fictitious business name certificate, evidence of publication, and an affiant of publication, under which the applicant does, or intends to do, business;

(4) A complete description of the fleet’s proposed operations, including a radio-dispatching service provided either by the applicant or another party under contract, including all licenses for the operation of all radios whether directly or by contract. Failure to operate according to the proposed terms shall be considered a violation of this chapter;

(5) A proposed color scheme for each taxicab in the fleet;

(6) A list of the make, model, year, mileage and license plate number of all taxicabs that will operate under the fleet management permit;

(7) The application and supporting documentation shall be submitted to the Chief of Police by the entity, accompanied by proof of payment from the Finance Department of the appropriate business license fee, fleet management permit fee, and taxicab permit fee as set forth in the City of Emeryville’s Master Fee Schedule.

(c) Fleet management permittees are required to maintain for a period of not less than one (1) year all records pertaining to the fleet’s operations and management, including but not limited to all waybills completed by drivers, all dispatch logs, all taxicabs inspection records, driver training records, passenger complaints, citation records, leasing records, and insurance records. Fleet managers shall make available for inspection by the City, Monday through Friday from 9:00 a.m. to 5:00 p.m., all such records. Fleet managers shall take reasonable efforts to ensure the completeness and accuracy of all records. Any records which are determined to be inadequate, inaccurate or any request which is not complied with may result in the suspension or revocation of the fleet management permit pursuant to Section 4-8.1.7.

(d) Fleet management permittees shall be responsible for all aspects of the fleet management and day-to-day management operations, including but not limited to drivers and taxicabs operated under the fleet management permit.

(e) Every fleet management permittee shall notify the Chief of Police in writing of any change in the information originally supplied on the permit application form within ten (10) calendar days of any such change. Fleet management permittees are responsible for notifying the City upon termination of any driver. Any violation of any provision of this chapter by a driver or taxicab may be grounds for suspension or revocation of the fleet management permit.

(f) The Chief of Police may deny the granting of any fleet management permit if the applicant has been convicted of any crime, taking into consideration the nature and circumstance of the conviction, the age of the applicant at the time of conviction, the time elapsed since the conviction, and any evidence of rehabilitation.

(g) Fleet management permits issued under the provisions of this chapter shall be effective for the calendar year for which the permit is issued only. All fleet management permits shall expire on December 31 of the year for which the permit is issued. Fleet management permits must be renewed annually by the fleet management permittee by submitting a completed application with required documents as set forth in this section no later than November 15.

(h) Fleet management permits shall automatically expire upon the failure to pay the annual City business license fee.

(i) Any omission or untrue statement may be considered cause for denial or revocation of the fleet management permit.

(j) Denial of a fleet management permit by the Chief of Police shall be in writing and shall contain the reasons for the denial. The applicant shall have the right to appeal such decision to the City Council of the City of Emeryville in accordance with the provisions set forth in Chapter 4 of Title 1 of the Emeryville Municipal Code.

(k) An applicant whose fleet management permit is denied may reapply no sooner than six (6) months from the date of denial. Any application received prior to expiration of the six (6) month period will not be acted upon until such period expires.

(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)

4-8.1.4 Taxicab Permit.

It is unlawful for any entity to operate or permit to be operated a taxicab within the City without first obtaining a taxicab permit as specified in this section and which must be permanently affixed to such taxicab.

(a) The form and content of the application for a taxicab permit shall be specified by the Chief of Police; however, the following standards constitute the minimum requirements to qualify for a taxicab permit:

(1) Written acknowledgment by the fleet manager of a fleet management permittee that the taxicab is authorized to operate using the color scheme and name of the fleet management permittee and that the fleet management permittee assumes responsibility for the operation of the taxicab;

(2) Proof that the taxicab is covered by the insurance of the fleet management permittee;

(3) Presentation of a valid certificate of registration for the taxicab issued by the California Department of Motor Vehicles. The taxicab permit applicant must be named as the registered owner of the taxicab;

(4) Proof that a taximeter of a type approved by the Chief of Police has been installed in the taxicab and has been certified by the County of Alameda Bureau of Weights and Measures subsequent to its installation in the taxicab;

(5) Proof that the taxicab is equipped with a two-way radio, in good working order, to be used for taxicab service dispatch purposes, and that the applicant has all applicable licenses for the operation thereof;

(6) Presenting the taxicab for a safety inspection by the Chief of Police. At time of inspection the following certificates dated within sixty (60) days of the date of the inspection shall be presented:

(i) State of California Certificate of Compliance – Brake Adjustment which is valid at the time of the annual inspection;

(ii) State of California Certificate of Compliance – Motor Vehicle Pollution Control which is valid at the time of the annual inspection;

(iii) State of California Certificate of Adjustment – Lamp Adjustment which is valid at the time of the annual inspection;

(7) Taxicab inspections shall determine compliance with all applicable laws and standards. Standards for such inspections may include the following:

(i) All doors, windows, hoods, or trunks shall open or close securely;

(ii) Peeling, defaced, or improperly repaired exterior decals, lettering or numbering shall be replaced;

(iii) Functioning safety belts shall be required for all taxicab seats;

(iv) Exterior paint or color schemes which are different from those approved by the Chief of Police pursuant to the fleet management permit or which are not maintained in the condition originally approved by the Chief of Police may be prohibited;

(v) Dirty, broken fixtures, or other conditions in the passenger compartments which could soil or tear a patron’s clothes shall be repaired, replaced and/or cleaned;

(vi) Rust, dents, or tips in the taxicab’s exterior which are more than trivial, or missing components, including, but not limited to, chrome, rubber strips, or other component parts which might snag, tear, or injure a driver, pedestrian, or passenger shall be repaired. Any such damage will be considered to be more than trivial when single or multiple areas of damage affect an aggregate area of at least three (3) linear feet of the taxicab exterior. The measurement of each damaged area will be taken between the two (2) most widely spread points of the affected surface;

(vii) Driver or passenger compartments which have litter or trash shall be cleaned;

(viii) Torn or improperly repaired upholstery, headliners or floor covering shall be repaired or replaced;

(ix) Re-tread tires shall be replaced with new tires;

(x) Interior lighting equipment with a light not less than two (2) candlepower within such taxicab, so arranged as to illuminate the whole interior.

(b) Taxicab permits issued by the City are the property of the City and shall not be sold, assigned, bequeathed, leased, or transferred, expressly or by operation of law, unless the Chief of Police determines that such sale, assignment, or transfer is made to a proposed permittee who is in compliance with the taxicab operating requirements of this chapter. A taxicab permit transfer will not be recognized by the City unless and until all other requirements of this chapter for operating the taxicab have been met. However, nothing contained in this section is intended to impair a valid contractual obligation regarding the temporary transfer of interest in a taxicab permit if such contractual obligation was entered into prior to the effective date of the ordinance codified in this section. A complete copy of each contractual agreement in existence at the time of the effective date of the ordinance codified in this section shall be provided to the Chief of Police within thirty (30) days.

(c) All taxicabs operating within the City shall have signage permanently affixed to said taxicab containing the following information:

(1) On the exterior sides of the taxicab shall appear the name of the fleet management permittee, the insignia of such permittee, and the telephone number of the fleet management permittee. The size and location of vehicle numbers shall be designated by the Chief of Police.

(2) On the back windshield, visible from outside the taxicab, an identification emblem issued by the Chief of Police setting forth the name and identification number of the fleet management permit and taxicab permit number.

(3) Within the interior of the taxicab, and in a location readily visible to passengers, shall appear a sign which states the name of the fleet management permittee, such permittee’s telephone number and the taxicab permit number. The name of the driver shall be posted on a sign, readily visible to the passenger, following the words, “Your driver is.”

(4) Within the interior of the taxicab shall appear a copy of the taxicab permit. The form, contents, and location of the taxicab permit shall be designated by the Chief of Police.

(5) Within the interior of the taxicab, and in a location readily visible to the passenger, shall appear a sign titled Passenger’s Bill of Rights. It shall include the following:

(i) You have the right to be treated courteously.

(ii) You have the right to be taken to your destination by the most expeditious route.

(iii) You have the right to be picked up and dropped off at a safe location.

(iv) You have the right to have your baggage, not exceeding fifty (50) pounds, placed in the trunk of the taxi.

(v) You have the right to pay only the posted fare.

(vi) Passengers with disabilities have the right, upon request, to be assisted entering and exiting the taxi.

(vii) Passengers with disabilities have the right to be accompanied by service animals.

(d) Taxicab permits issued under the provisions of this chapter shall be effective for the calendar year for which the permit is issued only. All taxicab permits shall expire on December 31 of the year for which the permit is issued. Taxicab permits must be renewed annually by the fleet management permittee by submitting a completed application with required documents as set forth in this section no later than November 15.

(e) In addition to the annual inspections provided for in subsection (a)(6) of this section, and as authorized under the California Vehicle Code, every taxicab which operates within the City shall be subject to a safety inspection by any peace officer at any time such peace officer has reason to suspect that the taxicab poses a threat to public safety. If the taxicab fails to pass the safety inspection, the taxicab permit may be suspended or revoked pursuant to Section 4-8.1.7.

(f) Denial of a taxicab permit by the Chief of Police shall be in writing and shall contain the reasons for the denial. The applicant shall have the right to appeal such decision to the City Council of the City of Emeryville in accordance with the provisions set forth in Chapter 4 of Title 1 of the Emeryville Municipal Code.

(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)

4-8.1.5 Drivers’ Permits.

It shall be unlawful for any person to operate a taxicab for hire within the City without first obtaining a driver permit as specified in this section. This prohibition shall not apply to the delivery of passengers to destinations in the City where the trip originated outside of the City limits.

(a) Application for a driver permit shall be filed with the Chief of Police. The form and contents of the application shall be specified by the Chief of Police; however, the following constitute the minimum requirements to qualify for a driver permit:

(1) Presentation and maintenance of a valid California driver’s license;

(2) Written acknowledgment by the fleet manager of a fleet management permittee that the applicant is authorized to drive taxicabs operated and managed by that permittee;

(3) Evidence that the applicant is covered under the insurance policy covering the fleet management permittee under whom the applicant will operate;

(4) Evidence that the applicant has tested negative for drugs and alcohol through an approved drug and alcohol testing provider within thirty (30) days prior to submitting their driver permit application in conformance with Section 4-8.1.6. A positive test result is grounds for denial or revocation of a driver’s permit;

(5) Applicants shall be fingerprinted, and a complete investigation shall be made of applicant’s background. The Chief of Police may deny the granting or renewal of any driver’s permit if the applicant has been convicted of any crime, taking into consideration the nature and circumstances of the conviction, the age of the applicant at the time of conviction, the time elapsed since the conviction, and any evidence of rehabilitation.

(b) The Police Department will provide all natural persons issued drivers’ permits a driver’s identification card which will include a photo of such driver. Persons driving taxicabs are required to post their driver’s identification card within the taxicab as directed by the Chief of Police and in full view of passengers.

(c) Drivers shall maintain waybills which fully and accurately report all fares paid and distances traveled while hired by a passenger. Waybills shall be deposited with the fleet manager on a weekly basis for filing. Waybills shall contain the following information:

(1) The driver’s name;

(2) The correct date;

(3) The taxicab permit number;

(4) The time each paid trip is begun and completed, entered contemporaneously;

(5) The origin and destination of each paid trip, entered contemporaneously; and

(6) The amount of fare paid for each trip.

(d) Upon request, drivers shall present their permits or waybills to City officials or the fleet manager.

(e) A driver shall return the driver’s permit to the City upon termination of their services with the fleet named on the driver’s permit including those self-employed.

(f) Driver permits shall expire on December 31 of the year for which the permit is issued. Driver permits must be renewed annually by submitting a completed application with required documents as set forth in this section no later than November 15. No driver shall operate a taxicab while his or her driver’s permit has expired.

(g) All holders of a drivers’ permit are required to maintain their current business and home address on file with the Chief of Police and to provide written notification of any changes thereof within ten (10) calendar days of such change.

(h) Drivers’ permits are non-transferable.

(i) Denial of a driver permit by the Chief of Police shall be in writing and shall contain the reasons for the denial. The applicant shall have the right to appeal such decision to the City Council of the City of Emeryville in accordance with the provisions set forth in Chapter 4 of Title 1 of the Emeryville Municipal Code.

(j) An applicant whose driver permit application is denied may reapply no sooner than six (6) months from the date of denial. Any application received prior to the expiration of the six (6) month period will not be acted upon until such period expires.

(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)

4-8.1.6 Controlled Substance and Alcohol Testing Certification Program.

Pursuant to California Government Code Section 53075.5(E)(3)(A), a mandatory controlled substance and alcohol testing certification program in compliance with the terms and procedures set forth in Title 49 Code of Federal Regulations Part 40, Section 40.1 through 40.111, is added to and incorporated in this chapter by reference as if fully set forth in this provision.

(a) Test results pursuant to this mandatory program shall be released directly to the Chief of Police if the test results concern an applicant for a driver’s permit who is self-employed. The Chief of Police shall notify any entity leasing a taxicab to any holder of a driver’s permit, who is self-employed, of any positive test results. If the test results concern any holder of a driver’s permit employed under a fleet management permittee, the fleet management permittee shall pay all costs of testing, in accordance with Government Code Section 53075.5(E)(3)(A)(vi), and test results shall be released to the fleet management permittee. The fleet management permittee shall notify the Chief of Police of any positive test results.

(b) Test results shall not be released without the consent of the applicant for the driver permit, except as set forth above or as authorized or required by law.

(c) Test results from another jurisdiction shall be accepted as meeting the City of Emeryville’s requirements so long as the results are presented to the City less than one (1) year from date of testing and the driver has not tested positive subsequent to the negative results submitted to the City.

(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)

4-8.1.7 Permit Administration: Suspension and Revocations.

(a) Any entity is entitled to apply for a fleet management permit and a taxicab permit. Any natural person is entitled to apply for a driver permit. A separate application is required for each permit specified in this chapter. Each permit application must be accompanied by the appropriate fee as specified in the Master Fee Schedule and shall be payable to the City.

(b) If, in the judgment of the Chief of Police, suspension of any permit specified in this chapter is necessary to protect the public health and safety, including but not limited to compliance with the insurance requirements of this chapter, the Chief of Police is authorized to suspend permits peremptorily on an emergency basis. Emergency suspensions will expire when the conditions which forced the suspension are corrected to the satisfaction of the Chief of Police. An emergency suspension shall last no longer than fifteen (15) days. However, an emergency suspension may be renewed by the Chief of Police if the condition or conditions on which the suspension was made continues. An informal appeal of an emergency suspension may be made to the City Manager in person or in writing, who shall hear such appeal within thirty-six (36) hours.

(c) If, in the judgment of the Chief of Police, the impoundment of a taxicab is necessary in association with the emergency suspension of a taxicab permit or of a fleet management permit, such impoundment is authorized in compliance with Vehicle Code Section 21100.4.

(d) Fleet management, taxicab and drivers’ permits issued under the provisions of this chapter may be revoked according to the following subsections by the City Manager or such designee and may be appealed to the City Council in accordance with the appeal procedures set forth in Chapter 4 of Title 1 of the Emeryville Municipal Code.

(1) Fleet management permits may be revoked upon the recommendation of the Chief of Police to the City Manager for any violation by an entity of the provisions of this chapter governing fleet management permittees for the existence of any fact which would have been grounds to deny such permit when applied for, whether or not such fact existed at the time the application was made for such permittee. Any recommendations of the Chief of Police to resolve a fleet management permit shall be provided to the holder of the fleet management permit in writing, who shall have ten (10) calendar days from the date of such notice to provide the City Manager with any information relevant to the revocation. Pending the decision of the City Manager regarding revocation of a fleet management permit or a decision of the City Council on appeal, it shall be lawful for an owner to continue its business within the City of Emeryville, until and unless said review culminates with a decision to revoke said fleet management permit. In the event of such revocation, the fleet management permit shall be surrendered by the entity forthwith to the Chief of Police.

(2) Taxicab permits may be revoked upon the recommendation of the Chief of Police to the City Manager for any violation by an entity of the provisions of this chapter governing taxicab permits for the existence of any fact which would have been grounds to deny such permit when applied for, whether or not such fact existed at the time the application was made for such permittee. Any recommendations of the Chief of Police to resolve a taxicab permit shall be provided to the holder of the taxicab permit in writing, who shall have ten (10) calendar days from the date of such notice to provide the City Manager with any information relevant to the revocation. Pending the decision of the City Manager regarding revocation of a taxicab permit or a decision of the City Council on appeal it shall be lawful for an owner to continue its business within the City of Emeryville, until and unless said review culminates with a decision to revoke said taxicab permit. Pending the decision of the City Manager regarding revocation of a taxicab permit or a decision of the City Council on appeal, it shall be unlawful for an owner or driver to continue use of such taxicab in its business within the City of Emeryville if any of the equipment thereon or therewith, shall be in a defective, unsafe, or unsanitary condition. In the event of such revocation, the taxicab permit shall be surrendered by the entity forthwith to the Chief of Police.

(3) Drivers’ permits may be revoked upon the recommendation of the Chief of Police to the City Manager for any violation by a driver of the provisions of this chapter governing drivers, or for the existence of any fact which would have been grounds to deny such driver’s permit when applied for, whether or not such fact existed at the time the application was made for such driver’s permit, or for any conviction of reckless driving, driving under the influence of alcohol or controlled substances or other such violations tending to show such driver is not competent to operate a taxicab. Any recommendations of the Chief of Police to resolve a driver’s permit shall be provided to the holder of the driver’s permit and the holder of the fleet management permit associated with said driver’s permit in writing, who shall have ten (10) calendar days from the date of such notice to provide the City Manager with any information relevant to the revocation. Pending the decision of the City Manager regarding revocation of a driver’s permit or a decision of the City Council on appeal, it shall be lawful for a driver to operate a taxicab within the City of Emeryville, until and unless said hearing culminates with a decision to revoke said driver’s permit. In the event of such revocation, the driver’s permit shall be surrendered by the driver forthwith to the Chief of Police.

(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)

4-8.1.8 Insurance Requirements.

It shall be unlawful for any driver to operate any taxicab within the City or for any owner to cause any taxicab to be operated within the City, and no driver’s permit, taxicab permit or fleet management permit shall be granted unless there is on file with the Chief of Police proof of a motor vehicle liability insurance policy covering each such taxicab.

The motor vehicle liability insurance policy required by this section shall insure the recipient of the driver’s permit, owner, and fleet manager against loss from liability imposed upon such parties by law for injuries to any person, or damages to property arising out of the maintenance, operation, use or ownership of any taxicab, to an amount not less than one hundred thousand dollars ($100,000.00) on account of bodily injuries to one (1) person, to an amount not less than three hundred thousand dollars ($300,000.00) on account of any one (1) accident resulting in bodily injuries to, or the death of, more than one (1) person, and to an amount not less than fifty thousand dollars ($50,000.00) for damages to property of others per accident. Evidence of such insurance shall be provided to the Chief of Police in the form of a certified copy of the insurance policy or certificate of insurance and such insurance shall be in full force and effect for the duration of any applicable driver’s permit, taxicab permit and fleet management permit.

(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011; Sec. 2, Ord. 13-003, eff. Jan. 1, 2014)

4-8.1.9 Taximeters and Fares.

(a) Every taximeter used by a taxicab in the City shall be of a type and design approved by the Chief of Police and shall be subject to inspection from time to time by the Chief of Police, and the Chief of Police shall compel the owner to discontinue the operation of any taxicab, in which the taximeter is found to calculate inaccurately, until such taximeter shall be replaced or repaired and approved by the Chief of Police.

(b) Fleet managers shall maintain on file with the Chief of Police an up-to-date schedule of the rates of fares and any additional charges imposed for carrying passengers therein. It shall be unlawful for an entity or driver of a taxicab to charge or collect, or cause to be charged or collected, any greater rate of fare for carrying any passenger therein than is stated on the schedule or displayed in such taxicab.

(c) Every taxicab at all times shall have displayed in a conspicuous place therein, on the center post above the left doors, a sign stating in clearly legible characters, plainly visible to all the passengers, the rates of fare charged for carrying passengers therein, the number of such taxicab, the taxicab owner’s name or the fictitious name listed on the application for a fleet management permit, and the business address and telephone number of such permittee.

(d) Every driver, while operating a taxicab within the City, at all times shall maintain the flag attached to the taximeter in such a position as to correctly denote whether such taxicab is or is not employed, and such driver at all times shall place the flag of such taximeter in a non-recording position at the termination of each and every service.

(e) It is unlawful for any person to hire any taxicab or to enter and obtain a ride in the same, and to thereafter depart from such taxicab without paying to the driver the legal fare.

(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)

4-8.1.10 Taxicabs from Other Municipalities.

The driver of a taxicab authorized to operate in any municipality other than the City of Emeryville may transport passengers from such municipality to a destination within or beyond the City limits, provided that the driver of such taxicab shall not seek or accept passengers within the City.

(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)

4-8.1.11 Public Convenience and Necessity.

No taxicab permit to operate in the City shall be granted unless there are not already issued and outstanding a number of taxicab permits equal to that for which the City Council has declared as required for public convenience and necessity. The Council hereby limits the number of taxicab permits which the Chief of Police may issue in any year to one hundred and fifty (150). Under no circumstances shall the number of taxicab permits issued by the Chief of Police to any entity exceed ten (10).

(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011; Sec. 3, Ord. 12-002, eff. Feb. 16, 2012; Sec. 2, Ord. 12-007, eff. Mar. 8, 2012)

4-8.1.12 Taxicab Stands: Joint Use.

It shall be unlawful for any driver to use or any owner to cause to be used any taxicab stand without all applicable valid permits issued by the City of Emeryville. Any taxicab stand which may be granted by the City Council of the City of Emeryville upon a recommendation of the Transportation Committee in accordance with Chapter 9 of Title 4 of this Code may be used jointly by two (2) or more holders of a valid fleet management permit to operate within the City.

(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)

4-8.1.13 Interior Lighting.

Every taxicab shall be equipped at all times with a light with not less than two (2) candlepower within such taxicab, so arranged as to illuminate the whole interior, which light shall be kept constantly lighted at all times while passengers are being loaded into or unloaded from any such taxicab from one-half (1/2) hour after sunset of any day until one-half (1/2) hour before sunrise of the next day.

(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)

4-8.1.14 Loading and Unloading Passengers.

It shall be unlawful for any owner or driver to leave standing unattended any taxicab at a taxicab stand, upon any public street, alley, or avenue of the City, or in any prohibited or limited parking area of the City, except for any period of time longer than necessary to load and unload passengers. This section does not prohibit a driver from leaving a taxicab unattended in any lawful parking zone.

(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)

4-8.1.15 Violations.

If the Chief of Police determines that a violation of this chapter has occurred the entity in violation shall be guilty of an infraction punishable as set forth in Chapter 2 of Title 1 of this Code.

(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)

Article 2. Limousines

4-8.2.1 Definitions.

For the purposes of this article, unless otherwise apparent from the context, certain words and phrases used in this article are defined as follows:

(a) “Chief of Police” shall mean the Chief of Police of the City of Emeryville or his or her designee.

(b) “Limousine driver” shall mean every person driving a limousine as defined by this chapter.

(c) “Limousine” means and includes every motor vehicle designed to carry passengers, of private appearance (except as to license plates), not equipped with a taximeter, and used for the transportation of persons for hire over and along the public streets, but not over a fixed and defined route, but, as to route and destination, under the direction of the passengers or person hiring such limousine, of which the charge or fee for its use is based upon rates per mile, per trip, per hour, per day, per week, or per month.

(d) “Owner” means any entity that is named as the registered owner of a vehicle which is used as a limousine in the City, including but not limited to, receivers or trustees appointed by any court.

(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)

4-8.2.2 Limousines Shall Operate from Fixed Location.

Every owner of a limousine and limousine driver shall operate from a fixed location, other than a public street. It is unlawful for any owner of a limousine or limousine driver to travel the public streets within the City of Emeryville for the purpose of soliciting fares.

(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)

4-8.2.3 Exclusive Use by Passengers – Window Blinds Prohibited.

When a limousine is engaged, the occupants shall have the exclusive right to the full and free use of the passenger compartment, and it is unlawful for the owner of a limousine and limousine driver to solicit or carry passengers contrary to such right; provided, however, that whenever the Chief of Police finds that public necessity temporarily requires the grouping of passengers in limousines, he or she may issue a special written permit, limited in time, which permit shall specifically set forth the rules and regulations under which such passenger grouping is permitted. It is unlawful for the owner of a limousine or any limousine driver to cause or permit any shade or blind to be drawn over any window of such vehicle while the same is occupied.

(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)

4-8.2.4 Drivers to Use Direct Route.

The limousine driver employed to carry passengers to a definite point shall take the most direct route possible that will carry the passengers safely, lawfully and expeditiously to said destination.

(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)

4-8.2.5 Receipt for Fare.

The limousine driver shall give a receipt, upon the request of any passenger, for the fare paid by such passenger.

(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)

4-8.2.6 Refusal to Pay Fare.

It is unlawful for any person to hire a limousine or to enter and obtain a ride in the same, and to thereafter depart from such limousine without paying to the driver the legal fare.

(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)

4-8.2.7 Keeping of Waybills Required.

The limousine driver shall keep a separate waybill of every service rendered by such limousine driver, which waybill shall include the following information:

(a) Location where passengers entered vehicle;

(b) Time of entry;

(d) Location where passengers were discharged; and

(e) Amount of fare collected.

The owner of every limousine shall keep said waybills in his or her office files for a period of ninety (90) days after the date of service rendered, and the same shall at all convenient times be open to examination by any authorized representative of the Chief of Police. The falsifying of any waybill by an owner of a limousine or by a limousine driver and waybills indicating that a limousine is not being operated on a prearranged basis shall be a violation of this chapter. Violators shall be guilty of an infraction punishable as set forth in Chapter 2 of Title 1 of this Code.

(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)

4-8.2.8 Violations.

If the Chief of Police determines that a violation of this chapter has occurred the entity in violation shall be guilty of an infraction punishable as set forth in Chapter 2 of Title 1 of this Code.

(Sec. 2 (part), Ord. 11-011, eff. Nov. 17, 2011)

CHAPTER 8.VEHICLES FOR HIRE*

4-8.1.1 Definitions.

4-8.1.2 Permit Fees.

4-8.1.3 Fleet Management Permit.

4-8.1.4 Taxicab Permit.

4-8.1.5 Drivers’ Permits.

4-8.1.6 Controlled Substance and Alcohol Testing Certification Program.

4-8.1.7 Permit Administration: Suspension and Revocations.

4-8.1.8 Insurance Requirements.

4-8.1.9 Taximeters and Fares.

4-8.1.10 Taxicabs from Other Municipalities.

4-8.1.11 Public Convenience and Necessity.

4-8.1.12 Taxicab Stands: Joint Use.

4-8.1.13 Interior Lighting.

4-8.1.14 Loading and Unloading Passengers.

4-8.1.15 Violations.

4-8.2.1 Definitions.

4-8.2.2 Limousines Shall Operate from Fixed Location.

4-8.2.3 Exclusive Use by Passengers – Window Blinds Prohibited.

4-8.2.4 Drivers to Use Direct Route.

4-8.2.5 Receipt for Fare.

4-8.2.6 Refusal to Pay Fare.

4-8.2.7 Keeping of Waybills Required.

4-8.2.8 Violations.

CHAPTER 8.
VEHICLES FOR HIRE*