Chapter 5.40
TAXICABS AND VEHICLES FOR HIRE
Sections:
5.40.020 Annual permits required for operators, drivers and vehicles.
5.40.030 Application for operator permit.
5.40.070 Suspension of permits.
5.40.080 Revocation of permits.
5.40.090 Liability insurance requirements.
5.40.110 Registration, licensing and conspicuous posting.
5.40.120 Vehicle color scheme and markings.
5.40.130 Equipment requirements.
5.40.140 Maintenance and inspection requirements.
5.40.160 Standards for driver conduct.
5.40.170 Operating regulations for services provided.
5.40.180 Taxicabs and vehicles for hire from other locations.
5.40.010 Definitions.
A. “City” means the City of Escalon, California.
B. “Driver” means every individual who operates any taxicab or vehicle for hire as an employee of an operator, independently owns the taxicab or vehicle for hire and operates under the auspices of such operator, or has independently contracted with such operator to operate the taxicab or vehicle for hire pursuant to a lease, license or any other form of agreement.
C. “Employee” includes any person who is self-employed as an independent driver.
D. “Motor vehicle” means every motor vehicle used for public hire propelled by mechanically produced power and intended for use on public streets and highways, except street cars, trains and motor buses.
E. “Operator” means any entity engaged in the business of providing vehicles for the purpose of carrying passengers in a taxicab or other vehicle for hire, whether comprised of an individual, group of individuals, partnership, limited partnership, joint venture, corporation or any other organizational structure.
F. “Taxicab” means a motor vehicle which is designed for carrying not more than eight passengers, excluding the driver, which is used in the transportation of passengers over the public streets of the city and operated at rates per mile, per destination or per mile and destination, irrespective of whether the operations extend beyond the limits of the city, and which is made available for hire on call or demand, at taxi stands or by telephone.
G. “Transportation network company” has the meaning set forth in Chapter 7 of Part 1 of Division 7 (commencing with Section 16550) of the Business and Professions Code.
H. “Vehicle for hire” means any motor or electric vehicle which is offered to the public for hire with the services of a driver, which is used for the transportation of passengers over the public streets of the city, irrespective of whether such operations extend beyond the boundary limits of the city, at rates per distance, per trip, per hour, per day, per week, per month, and where the route is under the control of the persons hiring the same. “Vehicle for hire” shall not include a charter-party carrier of passengers within the meaning of the Passenger Charter-Party Carriers’ Act, Article 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code or a transportation network company. “Vehicle for hire” includes taxicabs. (Ord. 585 § 2.4 (Exh. A), 2020; Ord. 519 § 4, 2008)
5.40.020 Annual permits required for operators, drivers and vehicles.
A. No person, corporation, partnership, cooperative, business, fictitious name or dispatch center shall engage in the business of operating any kind of taxicab or vehicle for hire within the city without an operator’s permit, driver’s permit and vehicle permit issued by the city. Each permit shall be valid for one year unless suspended or revoked and must thereafter be renewed. Such permits shall not be assigned, sold or transferred to another operator, driver or vehicle.
B. City council shall set by resolution the fees required for obtaining operator’s, driver’s and vehicle permits, including, but not limited to, fees for fingerprinting and vehicle inspections.
C. There shall be imposed on each operator and driver a license fee in an amount established by city council resolution. It shall be unlawful to operate or allow to be operated a taxicab or vehicle for hire without payment of such business license.
D. All permits shall be valid for a period not to exceed one calendar year. Unless otherwise provided by the chief of police, applications for all permits shall be submitted to the chief of police. All permits shall expire on December 31st of each year. Permits may be renewed annually by application to the city. Current permit holders have priority for annual renewal.
E. Every person holding a permit issued under this chapter shall at all times keep the city notified of his or her current address and shall notify the city in writing within 10 days of any address change.
F. It is unlawful for any person who is domiciled within the city to operate as a driver for a transportation network company without first procuring a business license required by Chapter 5.04 EMC. (Ord. 585 § 2.4 (Exh. A), 2020; Ord. 519 § 4, 2008)
5.40.030 Application for operator permit.
A. Any person seeking an operator permit for a vehicle for hire shall file a written application on the required form with the police chief. The application shall be accompanied by the appropriate filing fee established by resolution of the city council. The application shall be completed and signed by the operator, or authorized representative thereof, of the proposed vehicle for hire. The permit application does not authorize the operation of a vehicle for hire unless and until such permit has been properly granted. The application shall contain or be accompanied by the following information:
1. The following personal information concerning the applicant:
a. Full complete name and all aliases used by the applicant;
b. Current address and telephone number and all previous residential addresses for the eight years preceding the date of the application;
c. Acceptable proof that the applicant is at least 18 years of age;
d. Height, weight, color of hair and eyes and gender;
e. Two front-faced portrait photographs at least two inches by two inches in size;
f. The applicant’s complete business, occupation and employment history for the eight years preceding the date of the application, including, but not limited to, vehicle for hire or similar business history and experience of the applicant;
g. The complete vehicle for hire permit history of the applicant: whether such person has ever had any permit or license issued by any agency, board, city, county, territory or state; the date of issuance of such a permit or license; and whether the permit or license was denied, revoked or suspended, and the reasons therefor;
h. All criminal convictions, including pleas of nolo contendere, within the last eight years, including those dismissed or expunged pursuant to Penal Code Section 1203.4, but excluding minor traffic violations, and the date and place of each such conviction and explanation thereof;
i. A complete set of fingerprints taken by the police department;
2. The name and address of the owner and lessor of the real property upon which the business is to be conducted. In the event the applicant is not the legal owner of the property, the application must be accompanied by a copy of the lease and a notarized acknowledgment from the owner of the property that a vehicle for hire establishment will be located on his or her property;
3. Authorization for the city, its agents and employees to seek verification of the information contained in the application;
4. Such other identification and information as the police chief may reasonably require in order to discover the truth of the matters herein specified and as required to be set forth in the application;
5. A statement in writing and dated by the applicant that he or she certifies under penalty of perjury that all information contained in the application is true and correct;
6. Statements in writing and dated by the applicant and the applicant’s designated manager(s) certifying under penalty of perjury that they:
a. Have received a copy of this chapter;
b. Understand its contents; and
c. Understand the duties of an operator or manager, respectively, as provided in this chapter;
B. If, during the term of a permit, the permit holder has any change in information submitted on the original or renewal application, the permit holder shall notify the police department of such change in writing within 10 business days thereafter. (Ord. 585 § 2.4 (Exh. A), 2020; Ord. 519 § 4, 2008)
5.40.040 Operator’s permits.
A. Name and address of each operator applying to operate taxicabs or vehicles for hire;
B. Fictitious business name of the operator, if any;
C. Mailing address and business telephone number of the operator;
D. Name, address, age and driver’s license number of each employee who will be driving the operator’s vehicles;
E. Total number of vehicles to be operated in the city under the operator’s permit and, for each of such vehicles, the manufacturer, model year, vehicle type, vehicle identification number (“VIN”), license plate number, passenger capacity and proof of commercial registration;
F. Description of the color scheme, insignia, trade style and/or any other unique characteristics of the taxicab or vehicle for hire design and placement of city required markings and company markings;
G. The street address(es) from which the operator conducts or will conduct the taxicab or vehicle for hire business; where dispatch will be conducted; and each location at which the business’s vehicles will be garaged;
H. Prior experience of the operator in a taxicab or vehicle for hire business, including the details of any prior permit denial, revocation or suspension by any public agency of any type of operator’s or driver’s permit, license or certificate;
I. A certification that no driver employed or to be employed by the operator has been convicted of driving under the influence of alcohol or drugs in any state within three calendar years preceding the date of application;
J. A certification that no driver employed or to be employed by the operator has been convicted of any violent felony offense or sex-related offense within five calendar years preceding the date of application;
K. Rates to be charged to the public throughout the term of the operator’s permit;
L. Federal taxpayer identification or Social Security number of the operator;
M. Satisfactory proof of insurance as provided in EMC 5.40.090 for each driver and vehicle to be operated in the city under the permit;
N. Satisfactory evidence that the operator has complied and currently complies with the provisions of California Government Code Section 53075.5(b)(3), or any successor provision, pertaining to pre-employment and periodic testing of drivers for controlled substances and alcohol, and with provisions pertaining to payment for drug and alcohol testing programs and related reporting requirements. The operator must also provide satisfactory evidence from a city-approved lab that each driver who will operate a taxicab or vehicle for hire within the city has tested negative for drugs and alcohol as required by Section 53075.5;
O. Unless otherwise provided by law, evidence that the operator has procured worker’s compensation insurance covering all drivers to be employed by the operator;
P. Submission of Department of Motor Vehicles (DMV) pull notice program requestor code number, as defined in Vehicle Code Section 1808.l, issued to the operator. As a condition of accepting an operator’s permit, the operator is required to notify the city immediately if it receives a DMV pull notice on one of its drivers that would affect that person’s driver’s permit. In the event a driver’s DMV record indicates that a driver no longer qualifies for a driver’s permit, the operator must require the driver to surrender the driver’s permit to the chief of police. DMV pull notice records must be made available for review by the city upon request;
Q. Submission of records of any convictions in any court of any state of the United States or in any United States court with respect to any operator or driver identified in the operator’s permit application; including any such convictions following a plea of no contest or nolo contendere. City council specifically authorizes the chief of police or designee to receive state and local summary criminal history information in fulfilling his licensing duties under this chapter; and
R. Satisfactory proof that the business will be operated in compliance with all provisions of this chapter.
S. An operator’s permit shall be granted unless:
1. The operator fails to submit a complete application; or
2. The operator makes any omission, untrue statement or material misrepresentation in the application or provides fraudulent documentation with the application; or
3. The operator has violated this chapter within the last three years; or
4. The public convenience is not served; or
5. The operator is not morally or financially responsible; or
6. Any vehicle proposed to be operated lacks the required equipment, is improperly licensed or is unsafe; or
7. There is an absence of satisfactory proof that the taxicab or vehicle for hire operator will comply with the provisions of this chapter; or
8. Additional taxicab or vehicle for hire service will have a detrimental effect on traffic and parking within the city or will otherwise be contrary to the public welfare; or
9. The operator has been convicted of any violent felony offense or sex-related offense within the preceding five years or any other felony offense or any misdemeanor offense involving sexual assault of any kind, violent behavior, moral turpitude, theft or fraud within the preceding three years, including any such convictions following a plea of no contest or nolo contendere, taking into consideration the nature of the conviction, the age of the operator at the time of the conviction, any evidence of rehabilitation and the relationship of the conviction to the propriety of the operator operating a taxicab or vehicle for hire; or
10. The operator has not otherwise complied with this chapter.
T. The issuance of an operator’s permit is conditional upon such owner ensuring that each taxicab or vehicle for hire operated by such operator has a vehicle permit issued by the city and each driver of such taxicab or vehicle for hire has a driver’s permit issued by the city. The operator shall notify the city immediately upon termination of employment of an employee hired to operate a taxicab or vehicle for hire in the city. (Ord. 585 § 2.4 (Exh. A), 2020; Ord. 519 § 4, 2008)
5.40.050 Vehicle permits.
A. No taxicab or vehicle for hire shall operate in the city without a vehicle permit from the city. Application for a vehicle permit shall be in writing, signed by the owner, and shall set forth all information required, including, but not limited to, the following:
1. A copy of the state vehicle registration under owner’s name, license plate number and corresponding vehicle identification number of each vehicle to be operated in the city;
2. Make, model or type, year of manufacture and passenger-seating capacity of each motor vehicle for which such application is made; and
3. Certificates of insurance from the insurance carrier verifying the coverage required in EMC 5.40.090 for each vehicle to be operated in the city.
B. A vehicle permit shall be granted unless:
1. The operator fails to submit a complete application; or
2. The operator makes any omission, untrue or material misstatement or provides fraudulent documentation with the application; or
3. The operator has violated this chapter within the last three years; or
4. There is an absence of satisfactory proof of compliance with the provisions of this chapter.
C. An applicant for a vehicle permit must hold a valid operator’s license issued pursuant to this chapter and must ensure that any driver of a taxicab or vehicle for hire has been issued a driver’s permit pursuant to this chapter. (Ord. 585 § 2.4 (Exh. A), 2020; Ord. 519 § 4, 2008)
5.40.060 Driver’s permits.
A. Any person seeking to operate a taxicab or vehicle for hire as a driver shall apply for a permit in the manner set forth herein. The application shall be in writing, signed by the driver, and shall set forth all the information required in the permit application form including, but not limited to, the following:
1. Name, age and address of the applicant;
2. Any convictions in any court of any state of the United States or in any United States court, including any conviction following a plea of no contest or nolo contendere. City council specifically authorizes the chief of police or designee to receive state and local summary criminal history information in fulfilling the licensing duties under this chapter;
3. Applicant’s past experience in operating a motor vehicle;
4. Applicant’s current California Class C driver’s license number and a photocopy of that license; including any endorsement pursuant to Vehicle Code Sections 15275 and 15278 to operate a commercial motor vehicle;
5. Name and address of all employers during the five calendar years preceding the application;
6. The disclosure of whether any state driver’s license, taxi driver’s permit or commercial or chauffeur’s driver’s license, issued by the State of California or any state or governmental agency, held by the applicant has ever been revoked or suspended;
7. Name and address of the operator by whom he or she is employed as a driver, or for whom he or she intends to operate a taxicab or vehicle for hire;
8. Current certificate of negative test for drugs and alcohol from a city-approved lab, as required by Government Code Section 53075.5;
9. Two recent photographs of the driver (size one and one-half inch by one and one-half inch), one to be filed with the application and one to be permanently attached to the driver’s permit when issued;
10. State Department of Motor Vehicles driving record report;
11. A list of all jurisdictions in which the applicant is permitted to operate a taxicab or vehicle for hire, including the identification number and expiration date of each permit;
12. Satisfactory proof that the insurance required by EMC 5.40.090 covers the driver when operating the taxicab or vehicle for hire;
13. Assent to fingerprinting by the city’s police department; and
14. Any other information the city may require which is reasonably related to the application for the driver’s permit.
B. A driver’s permit shall be granted unless:
1. The applicant fails to submit a complete application; or
2. The applicant makes any omission, untrue or material misstatement or provides fraudulent documentation with the application; or
3. Within the preceding three years Department of Motor Vehicle records of any state of the United States indicate that the Department has taken administrative action which resulted in actual suspension or revocation of the applicant’s driver’s license, unless such suspension or revocation was based on a nondriving related matter; or
4. The applicant has violated this chapter within the last three years; or
5. There is an absence of satisfactory proof that the taxicab or vehicle for hire will be operated in compliance with the provisions of this chapter; or
6. The applicant has failed to maintain a valid California driver’s license; or
7. The applicant has been convicted of any violent felony offense or sex-related offense within the preceding five years or any other felony offense or any misdemeanor offense involving sexual assault of any kind, violent behavior, moral turpitude, theft or fraud within the preceding three years, including any such convictions following a plea of no contest or nolo contendere, taking into consideration the nature of the conviction, the age of the applicant at the time of the conviction, any evidence of rehabilitation and the relationship of the conviction to the propriety of the applicant operating a taxicab or vehicle for hire.
C. The issuance of a driver’s permit is conditional upon the driver ensuring that he or she will only operate a vehicle which has received a valid vehicle permit for an operator who has received a valid operator’s permit.
D. The driver’s permit shall become void upon termination of such driver’s employment driving a taxicab or vehicle for hire, including termination of self-employment as an independent driver, and the driver shall immediately return the driver’s permit to the city upon such termination of employment.
E. The issuance of a driver’s permit is conditioned upon the driver complying with the mandatory controlled substance and alcohol testing and program certification set forth in Government Code Section 53075.5.
F. The chief of police may, in his or her discretion, grant a temporary permit to drive or operate any taxicab or vehicle for hire pending final action on any application for a permanent driver’s permit, but no such temporary permit may be issued to any person who does not have a valid, unrestricted driver’s license issued by the State of California. (Ord. 585 § 2.4 (Exh. A), 2020; Ord. 519 § 4, 2008)
5.40.070 Suspension of permits.
The chief of police may, following 24 hours’ notice, suspend any operator’s permit, driver’s permit or vehicle permit if:
A. A taxicab or vehicle for hire is operating without required insurance or registration or is being operated by an unlicensed or unpermitted driver; or
B. A fact exists which would have been grounds for refusing to issue the permit; or
C. There has been a violation of any of the terms of this chapter; or
D. There is damage to, or mechanical malfunction of, a taxicab or vehicle for hire such that it cannot be operated safely.
Such permit suspension shall be lifted upon a showing that the violations have been corrected. If no such showing is made within a reasonable time, depending on the type of violation, the city may issue a notice of revocation and proceed as set forth in this chapter. It shall be unlawful for the permittee to exercise any of the rights granted under this chapter during the time that the permit is suspended; provided, that the notice of suspension contains facts supporting a finding that the continued operation of the business, the continued operation of a taxicab or vehicle for hire, or possession of a driver’s permit represents an unsafe condition for the public, and the chief of police so concludes. (Ord. 585 § 2.4 (Exh. A), 2020; Ord. 519 § 4, 2008)
5.40.080 Revocation of permits.
A. Any permit issued by the city under this chapter may be revoked by the chief of police for any of the following reasons including but not limited to the following:
1. The existence of any fact which, at the time of application, would have caused the chief of police to deny the application, whether such fact existed at the time of the application or occurred thereafter; or
2. Any violation of laws relating to the operation of a motor vehicle, including, but not limited to, reckless driving, driving under the influence of alcohol or controlled substances or other violations indicating that a driver is not competent to operate a taxicab or vehicle for hire; or
3. A motor vehicle accident resulting in injuries to persons or property caused by the culpable act or omission of the driver or operator; or
4. Failure to pay any judgment for damages arising out of the unlawful or negligent operation of any taxicab or vehicle for hire; or
5. Failure to maintain insurance as required by this chapter; or
6. Failure to maintain a taxicab or vehicle for hire in a safe and sanitary condition such that the vehicle could pass, at any time throughout the permit period, the inspection required for the issuance of a vehicle permit; or
7. Any violation of this chapter.
B. The permit holder shall be entitled to appeal the city’s decision to revoke or suspend the permit by filing a written notice of appeal with the city clerk within 10 days from the date the notice of revocation is mailed. The appeal shall set forth the reasons why such action is not proper. Failure to set forth specific reasons why the action is improper or to timely file such appeal shall constitute a waiver of the right to appeal, and the proposed adverse action shall become final.
If the permit holder files a timely request for appeal, a hearing shall be held with at least 10 days’ written notice of the hearing date, time and location to the appellant. The hearing shall be conducted by a designee of the city manager. The appellant shall be entitled to present evidence and testimony in this hearing and the city manager’s decision shall be final.
Pending the appeal hearing it shall be lawful for the permit holder to operate his or her business or operate a taxicab or vehicle for hire unless the permit at issue has been suspended, with a finding by the chief of police that continued operation represents an unsafe condition for the public. If the notice of revocation is affirmed on appeal, the permit at issue immediately shall be revoked and surrendered to the city. Any operator or driver whose permit has been revoked shall not be eligible to apply for another permit for one year after the effective date of revocation. City council may establish by resolution a fee for such appeals. (Ord. 585 § 2.4 (Exh. A), 2020; Ord. 519 § 4, 2008)
5.40.090 Liability insurance requirements.
To obtain an operator’s permit from the city, the operator must demonstrate that it maintains at its sole expense liability insurance meeting the following requirements:
A. Separate commercial automobile liability insurance for each vehicle proposed to be operated within the city pursuant to the operator’s permit, with at least the following limits of liability:
1. Primary bodily injury with limits of at least $100,000 per person and $300,000 per occurrence; and primary property damage of at least $50,000 per occurrence; or
2. Combined single limits of $300,000 per occurrence.
B. Unless otherwise provided by law, evidence that the operator has procured workers compensation insurance covering all drivers to be employed by the operator.
C. Required insurance must be issued by companies admitted to do business in California, rated “B+” or better in the most recent edition of Best’s Key Rating Guide, and of a financial category Class VII or better.
D. The city, its officers, agents, officials, employees and volunteers must be named as additional insureds under the automobile liability policy.
E. Each policy of required insurance must contain a provision that no termination, cancellation or change of coverage can be made without 30 days’ notice to the city.
F. The operator must provide certificates of insurance and/or endorsements to the chief of police prior to issuance of a permit. (Ord. 585 § 2.4 (Exh. A), 2020; Ord. 519 § 4, 2008)
5.40.100 Indemnification.
As a condition of receiving an operator’s permit, the operator will be required to execute a statement agreeing to indemnify, defend and hold harmless the city, its employees and officials from and against any and all liability, expenses, including defense costs and legal fees, and claims for damages whatsoever, including, but not limited to, those arising from bodily injury, death, personal injury, property damage, loss of use or property loss, however the same may be caused and regardless of the responsibility for negligence. The obligation to indemnify, defend and hold harmless will include, but not be limited to, any liability or expense, including defense costs and legal fees, arising from the negligent acts or omissions or willful misconduct of the operator, its officers, employees, agents, joint venturers, subcontractors or, vendors. The operator’s obligations to indemnify, defend and hold harmless will apply even in the event of concurrent negligence on the part of the city, its employees and officials, except for liability resulting solely from the negligence or willful misconduct of the city employees or officials. Payment by the city will not be a condition precedent to enforcement of this indemnity. In the event of a dispute between the operator and the city as to whether liability arises from the sole negligence of the city employees or officials, the operator will be obligated to pay for the city employees and officials’ defense until a final judgment has been entered adjudicating the city employees or officials as solely negligent. In the event a final judgment is entered adjudicating the city employees or officials as solely negligent, the operator will not be entitled to a reimbursement of any defense costs, including, but not limited to, attorney’s fees, expert fees and costs of litigation. This indemnity will apply regardless of whether the city approved an operator’s, vehicle or driver’s permit or whether the city inspected or approved any vehicle used in conjunction with a permit. (Ord. 585 § 2.4 (Exh. A), 2020; Ord. 519 § 4, 2008)
5.40.110 Registration, licensing and conspicuous posting.
A. All drivers shall carry their license to operate a motor vehicle in the State of California at all times while operating a taxicab or vehicle for hire in the city.
B. All taxicabs and vehicles for hire within the city shall carry the State Department of Motor Vehicles registration in the vehicle at all times and all such vehicles shall be registered in the name of the operator or the driver to whom a permit has been issued.
C. Every taxicab or vehicle for hire authorized to operate under this chapter shall have attached to the left rear window a current vehicle permit issued by the city in accordance with the provisions of this chapter and all expired permits will be removed.
D. Every taxicab or vehicle for hire shall have conspicuously displayed in full view of the passenger or passengers a card not less than two inches by four inches in size which shall have stated thereon the name of the operator, together with the business address and telephone number of the business, and the identifying number of such vehicle, and also the rates of fare to be charged for the use of such vehicle. Rates of fare are also to be conspicuously displayed in both the front and rear of the interior of the taxicab or vehicle for hire.
E. The driver’s permit shall be posted in full view of the passenger at all times while said driver is operating the vehicle. Every driver’s permit shall show the photograph of the driver, the driver’s permit number, the name of the operator which employs the driver and the telephone number of the business. (Ord. 585 § 2.4 (Exh. A), 2020; Ord. 519 § 4, 2008)
5.40.120 Vehicle color scheme and markings.
A. It shall be unlawful to operate a taxicab or vehicle for hire within the city which does not have printed or placed upon both rear doors of the vehicle and on the rear deck of such taxicab or vehicle for hire the name and telephone number of the operator. All such lettering shall be in letters not less than two inches in height. In addition, the dome light markings shall read the same as the operator’s name or fictitious name written upon the rear doors and rear of the vehicle or only shall read “Taxi.” In addition, every taxicab or vehicle for hire shall have printed or placed upon the exterior in conspicuous letters of the same color not less than three and one-half inches in height, of a color in contrast to the color of the taxicab or vehicle for hire, the number of such taxicab or vehicle for hire, which numbering shall be printed or placed on each side of the vehicle on the leading edge of the front door and on the rear of the trunk.
B. The taxicabs or vehicles for hire of each owner holding a permit under this chapter shall be numbered from number one to a number corresponding with the total number of taxicabs or vehicles for hire for which said permit has been issued. Such vehicle numbers shall be given to the city in writing at the time of the making of the application for a permit and must be approved by the chief of police. (Ord. 585 § 2.4 (Exh. A), 2020; Ord. 519 § 4, 2008)
5.40.130 Equipment requirements.
A. Every taxicab and vehicle for hire authorized by city permit must fulfill the following equipment requirements by possessing:
1. A trunk device which will permit the opening of the trunk lid from the inside of the trunk;
2. A permanent fixture to display the taxicab or vehicle for hire driver’s permit in prominent view of the passengers;
3. No fewer than four working doors, except that a handicapped accessible minivan may be used;
4. A fire extinguisher;
5. Four flares;
6. At least two emergency reflectors;
7. Spare tire and jack;
8. Windows which patrons can open from the inside;
9. Working headlights, taillights, turn signals, back-up lights and brake lights;
10. A light of not less than two candlepower within such vehicle, so arranged as to illuminate the entire passenger compartment. The light shall be kept constantly lighted at all times while any passengers are being loaded into or unloaded from any such vehicle from one-half hour after sunset of any day until one-half hour before sunrise of the next day, and no shades or blinds shall be drawn over the windows of any such vehicle while the same is occupied; and
11. Safety belts in good working order for use of passengers.
B. The operator must obtain a sworn statement, 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, that each taxicab and/or vehicle for hire used in its business complies with the above-listed requirements and is in safe operating condition.
C. It shall be unlawful for any operator or driver to operate any taxicab or vehicle for hire while the same or any of the equipment used thereon or therewith is in a defective, unsafe or unsanitary condition. (Ord. 585 § 2.4 (Exh. A), 2020; Ord. 519 § 4, 2008)
5.40.140 Maintenance and inspection requirements.
Any city official charged by the chief of police with the authority to enforce this chapter shall have the right, after displaying the proper identification, to enter into or upon any permitted taxicab or vehicle for hire in the city for the purpose of ascertaining whether or not any of the provisions of this chapter are being violated. The scope of this inspection is limited to determining compliance with the requirements of this chapter and may be done without notice, warrant or individualized suspicion of wrongdoing. (Ord. 585 § 2.4 (Exh. A), 2020; Ord. 519 § 4, 2008)
5.40.150 Rates.
The city council may set by resolution the maximum rates to be charged per flag drop, per mile and per minute of waiting time or traffic delay time. In the event such a resolution is adopted, it shall be unlawful for the taxicab operator or driver to fix or charge or collect or receive a rate in excess of the rates established and set by resolution of the city council. Any charge or rate in excess of the rate set by resolution of the city council shall be cause for revocation of said operator’s permit. (Ord. 585 § 2.4 (Exh. A), 2020; Ord. 519 § 4, 2008)
5.40.160 Standards for driver conduct.
A. It is unlawful for the driver of any taxicab or vehicle for hire to solicit fares by misrepresenting in any manner the identity of the operator of the taxicab or vehicle for hire, and it is unlawful to misrepresent the location of, travel time or distance to any destination.
B. It is unlawful for the driver of any taxicab or vehicle for hire to interfere in any manner with any person who is negotiating for, inquiring about transportation in or employing a taxicab or vehicle for hire.
C. It is unlawful for a driver or operator to refuse a prospective fare based on the distance of the route for which the service is requested (except where that distance exceeds a total of 50 miles beyond the city limits of the City of Escalon), or to take any action to actively discourage a prospective fare solely on the basis of race, creed, color, age, sex, sexual orientation, national origin or physical disability, including use of service animals. (Ord. 585 § 2.4 (Exh. A), 2020; Ord. 519 § 4, 2008)
5.40.170 Operating regulations for services provided.
A. A taxicab or vehicle for hire is authorized to provide exclusive ride service, which shall mean exclusive use of a taxicab by one or more passengers at a time, and shared ride service, which shall mean nonexclusive use of a taxicab by two or more unrelated passengers, traveling between different points of origin and/or destination and traveling in the same general direction.
B. Flag loads, meaning passengers soliciting a taxicab or vehicle for hire at random points on the street, may be picked up at any location within the city except when it is apparent that the prospective fare has already phoned for a taxicab or vehicle for hire operated by another person or firm and is waiting for such taxicab or vehicle for hire to arrive.
C. Solicitation of fares is permitted when located at areas as may be declared open to solicitation by all properly permitted operators or drivers. No driver of any taxicab or vehicle for hire shall seek employment by repeatedly driving his or her vehicle back and forth in a short space in front of, or by otherwise interfering with, the proper and orderly access to or egress from any theater, hall, hotel, railway or other place or public gathering; or by leaving his or her vehicle or otherwise, approaching and soliciting patronage by any pedestrian upon the sidewalk, in any theater, hall, hotel, railway or street railway loading point.
D. All persons other than the driver shall ride in the passenger compartment of the taxicab or vehicle for hire, except passengers who are physically disabled, are unable to get into the passenger compartment or have extreme difficulty in doing so, and except where there are more passengers than can be accommodated in such compartment or where it is necessary to have someone seated with the driver in connection with the normal operation of the taxicab or vehicle for hire.
E. The driver of a taxicab or vehicle for hire 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.
F. Persons engaging a taxicab or vehicle for hire shall be entitled to have such valises, small hand baggage or wheel chairs as can be conveniently carried within the vehicle loaded, conveyed and unloaded without charge.
G. Every operator approved to operate under the provisions of this chapter shall regularly and daily operate his or her business to the extent reasonably necessary to meet the public demand for service. Upon abandonment of such business for a period of 30 consecutive days by such operator, approval to operate under this chapter may be revoked.
H. Smoking shall be prohibited in taxicabs and vehicles for hire. The driver of said vehicle shall promptly direct any passenger smoking in a taxicab or vehicle for hire to promptly and safely extinguish any cigarette or other smoking device. The refusal of any passenger to extinguish a cigarette or other smoking device shall constitute sufficient reason for the driver to immediately suspend service to the passenger.
I. Every owner or driver of a taxicab or vehicle for hire operated on a highway shall maintain safety belts in good working order for the use of the occupants of the vehicle. The driver of a taxicab or vehicle for hire shall not operate the taxicab or vehicle for hire unless passengers four years of age or over and weighing 40 pounds or more, in the front seat, are properly restrained by a safety belt. The driver of a taxicab or vehicle for hire shall require all passengers 16 years of age or over to be properly restrained by a safety belt when the taxicab or vehicle for hire is being driven on a public highway. (Ord. 585 § 2.4 (Exh. A), 2020; Ord. 519 § 4, 2008)
5.40.180 Taxicabs and vehicles for hire from other locations.
Taxicabs and vehicles for hire which do not possess city permits, and whose place of business is not located within the city, may bring passengers into the city but may neither solicit nor pick up any passenger in the city for any destination, within or outside of the city. (Ord. 585 § 2.4 (Exh. A), 2020; Ord. 519 § 4, 2008)
5.40.190 Disclaimers.
By providing for the regulation of taxicabs, vehicles for hire and drivers in the manner provided for in this chapter, the city is only protecting the general welfare. It is neither assuming nor imposing on the city, or its officers and employees, an obligation for which there may be liability and money damages to any person who claims that such breach proximately caused injury. (Ord. 585 § 2.4 (Exh. A), 2020; Ord. 519 § 4, 2008)
5.40.200 Violation – Penalty.
It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter shall be deemed guilty of an infraction. (Ord. 585 § 2.4 (Exh. A), 2020; Ord. 519 § 4, 2008)
5.40.210 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter. The city council declares that it would have adopted this chapter, including every section, subsection, sentence, clause and phrase, irrespective of whether one or more sections, subsections, sentences, clauses or phrases are held invalid. (Ord. 585 § 2.4 (Exh. A), 2020; Ord. 519 § 4, 2008)