Chapter 5.68


5.68.010    Purpose of chapter.

5.68.020    Definitions.

5.68.030    Rule and regulation adoption.

5.68.040    Permits required – Impoundment.

5.68.050    Permit issuance.

5.68.060    Nontransferability of permits.

5.68.070    Permit denial, revocation, or suspension.

5.68.080    Fee.

5.68.090    Permit duration.

5.68.100    Failure to pay fare.

5.68.110    Taxicab operator permit – Application information.

5.68.120    Taxicab operator permit – Taxicab ownership – Identification – Inspection – Additional vehicles.

5.68.130    Taxicab operator permit – Qualifications.

5.68.140    Taxicab operator permit – Insurance.

5.68.150    Taxicab driver permit – Application.

5.68.160    Taxicab driver permit – Qualifications.

5.68.170    Taxicab driver permit – Mandatory controlled substance and alcohol testing certification program.

5.68.180    Operating regulations – Route requirements.

5.68.190    Appeals.

5.68.200    Operating regulations – Misrepresentation prohibited.

5.68.210    Operating regulations – Receipt for fare.

5.68.220    Operating regulations – Taxi stands.

5.68.230    Application to existing permittees.

    Prior ordinance history: Ordinances 403, 406, 643, 749, 771, 790, 799, 819, 914, 958, 1152, 1426.

5.68.010 Purpose of chapter.

The purpose of this chapter is to provide rules and regulations governing the operation and permitting of taxicab companies and taxicab drivers, including regulation of rates. The further purpose of this chapter is to serve as the policy for entry into the business of providing taxicab transportation service, and to impose a mandatory controlled substance and alcohol testing certification program as required by section 53075.5(b) of the California Government Code.

5.68.020 Definitions.

The following words and phrases when used in this chapter shall, for the purposes of this chapter, have the meanings respectively ascribed to them in this section:

“Driver” means a person who drives or attends a taxicab.

“Operate” means to use a taxicab to either solicit or pick up passengers for hire in the city.

“Operator” means a person engaged in the business of providing transportation services through the use or dispatch of taxicabs or who causes a taxicab to be operated for the purpose of either soliciting or picking up passengers for hire in the city.

“Owner” means the registered owner or lessor of a taxicab and does not include a person holding only a security interest in a taxicab.

“Person” includes a natural person, firm, association, organization, partnership, business, trust, corporation, or public entity.

“Street” means any place publicly maintained and open to the use of the public for the purpose of vehicular travel.

“Taxi stand” means a portion of a street designated by the city council for the use of any taxicab while awaiting employment.

“Taxicab” means a motor vehicle operated within the city, capable of carrying not more than eight (8) persons, excluding the driver, and used to carry passengers for hire over the streets of the city, irrespective of whether passengers are carried beyond the boundary limits of the city, at rates for distance traveled or for waiting, standby, or traffic delay time, or for any combination of such rates, and not operating over a defined route, but routed under the direction of such passengers. The term shall exclude a vehicle operating as a charter party carrier licensed as such by the Public Utilities Commission, or any other vehicle having a certificate of public convenience and necessity issued by the Public Utilities Commission.

“Taximeter” means a mechanical instrument or device by which the charge for hire of a taxicab is mechanically calculated, either for distance traveled or for waiting time, or for both, and upon which the charges shall be indicated by means of figures.

“Traffic authority” or “authority” means the chief of police of the city or his or her designee. (Ord. 1625 § 1, 2003; prior code § 6-7.01)

5.68.030 Rule and regulation adoption.

The city council and traffic authority shall have the authority to adopt and promulgate such rules and regulations as may be necessary for the service and safety of the operation of taxicabs. (Ord. 1625 § 1, 2003)

5.68.040 Permits required – Impoundment.

It shall be unlawful for any person to be an operator or driver of a taxicab within the city limits without first obtaining an operator or driver permit. A taxicab shall be deemed to be operated or driven within the city if the point of origin of travel is within the city limits. A taxicab operated or driven within the city in violation of this chapter shall be subject to impoundment pursuant to Government Code section 53075.61. For purposes of this chapter, any Gardena Police Officer shall be considered a “transportation inspector” authorized to cite a taxicab operator or driver for operating or driving a taxicab without a permit and authorized to impound a taxicab operated or driven without a permit. (Ord. 1625 § 1, 2003; prior code § 6-7.04)

5.68.050 Permit issuance.

The city council shall grant permits required or authorized by this chapter when, in the exercise of reasonable discretion, it determines that the applicant has complied with all the provisions of this chapter relating to the granting of the permits. (Ord. 1625 § 1, 2003; prior code § 6-7.05)

5.68.060 Nontransferability of permits.

No permit issued pursuant to this chapter shall be transferred to, or used by, any person or vehicle other than the person or vehicle identified in such permit. (Ord. 1625 § 1, 2003; prior code § 6-7.06)

5.68.070 Permit denial, revocation, or suspension.

A. The city council may deny a permit or the renewal of a permit applied for pursuant to this chapter or revoke said permit, and the traffic authority may suspend any permit granted pursuant to this chapter, upon proof that the permittee has:

1. Not complied with the provisions of this chapter; or

2. Been convicted within the previous five years of the commission of a felony; or

3. Been convicted within the previous five years of any offense involving: the unlawful operation of a motor vehicle while under the influence of intoxicating liquor and/or drugs; reckless driving; pandering; possession, use, sale, or transportation of narcotics; assault or battery; any crime while driving a taxicab; or any offense involving moral turpitude; or

4. Had his or her driver license suspended or revoked or has surrendered said driver license pursuant to sections 13352, 13954, 23152, 23153, 23536, 23660 of the California Vehicle Code, or any other section of the California Vehicle Code relating to driving under the influence of alcohol or controlled substances; or

5. Registered, or is required to register, as a sex offender pursuant to section 290 of the California Penal Code; or

6. Charged fares other than those listed in the authorized fare schedule approved by the city council; or

7. Violated any of the rules and regulations of the city council or traffic authority pertaining to the operation of, and the extent, character and quality of the services of taxicabs; or

8. Provided incomplete or untruthful information when applying for a permit pursuant to this chapter.

B. From the time of the revocation or during the suspension of any permit granted under the provisions of this chapter, it is unlawful for any person whose permit is revoked or suspended to be the driver or operator of any taxicab, or to cause or to permit the taxicab for which the permit has been suspended or revoked to engage in the carrying of passengers for hire, or to allow the taxicab to stand while awaiting employment at a designated taxi stand or at any other location within the city, until a new permit has been procured or until the period of suspension has expired.

C. A denial, revocation or suspension of a permit pursuant to this section shall be subject to the notice, hearing and appeal procedures set forth in chapter 1.12 of this code. (Ord. 1625 § 1, 2003; Ord. 1601 § 57, 2000; prior code § 6-7.07)

5.68.080 Fee.

At the time of applying for any permit pursuant to this chapter, the applicant shall pay those fees as provided for by section 5.08.430 of this code. (Ord. 1625 § 1, 2003; prior code § 6-7.08)

5.68.090 Permit duration.

Any permit issued under the provisions of this chapter shall be valid for a period of one (1) year from the date of issuance unless sooner suspended or revoked. (Ord. 1625 § 1, 2003; prior code § 6-7.09)

5.68.100 Failure to pay fare.

It is unlawful for any person to refuse to pay the legal fare of any taxicab after having hired the same. Any person who shall hire a taxicab with the intent to defraud the person from whom it is hired, shall be guilty of a misdemeanor. (Ord. 1625 § 1, 2003; prior code § 6-7.10)

5.68.110 Taxicab operator permit – Application information.

An applicant for an operator permit shall submit an application in a form provided by the city, which application shall include at least the following information:

A. Applicant’s name, age, residential address and telephone number, and all business addresses and telephone numbers.

B. If the applicant is a corporation, the names, residential addresses and residential telephone numbers of each of the officers, directors and each shareholder owning more than 10 percent of any stock of the corporation.

C. If the applicant is a partnership, firm, association, or other legal entity that holds a beneficial interest in a taxicab, the natural persons comprising such entity, including their names, residential addresses, residential telephone numbers, business addresses, and business telephone numbers.

D. Applicant’s prior experience as an operator including, but not limited to, the names and addresses of any taxicab or transportation service businesses the applicant has owned or managed, and whether the applicant has had a permit or license to operate such a business denied, revoked or suspended in any jurisdiction, and the reasons therefor.

E. Proof of financial responsibility as required by section 5.68.140.

F. Taxicab insignia and color scheme, including a color photograph depicting such insignia and color scheme.

G. Service standards proposed to be provided in the city, including the estimate of response time between placement of a telephone order and the arrival of the dispatched taxicab as well as the method applicant proposes to record and evaluate actual performance under the service standards.

H. Applicant’s operating procedures (including record keeping, safety standards, maintenance schedules, dispatching procedures, and disciplinary rules).

I. A list of drivers authorized to operate the taxicabs identified in section 5.68.120.A.

J. A Department of Motor Vehicles (DMV) Pull Notice Program Requester Code Number issued to applicant, as defined in Vehicle Code Section 1808.1. Operators are required to immediately notify the traffic authority if they receive a DMV Pull Notice that would affect a driver permit issued under this chapter. In the event a driver’s DMV record indicates he/she no longer qualifies for a driver permit, operator shall require the driver to turn over his/her permit to operator. Operator shall return the driver permit to the traffic authority. DMV Pull Notice records shall be made available to the traffic authority upon request.

K. Special programs (including but not limited to driver training and community services) applicant intends to implement in the City.

L. Description and location of applicant’s operational facilities and the locations of any taxi stands for which applicant is requesting approval. (Ord. 1625 § 1, 2003; Ord. 1601 § 57, 2000; prior code § 6-7.02)

5.68.120 Taxicab operator permit – Taxicab ownership – Identification – Inspection – Additional vehicles.

A. An applicant for an operator permit shall submit with the permit application a list composed of the vehicle identification number, license plate number, model, year, and body style for each taxicab to be operated along with proof that the applicant is the owner of each taxicab to be operated. The applicant shall also submit a copy of the current California Department of Motor Vehicles registration for each taxicab listed pursuant to this section. No taxicab shall be operated within the city limits unless it has been listed pursuant to this section, an operator permit has been issued, and said permit is current and has not been suspended.

B. Each taxicab listed pursuant to subparagraph A of this section shall be submitted for an inspection to be conducted by the Gardena Police Department to determine whether the taxicab meets the equipment and condition requirements specified in this section and the California Vehicle Code. Certain equipment must be present and fully functional as OEM (original equipment manufacture), as specified in this section. Taxicabs must be maintained to the following standards at all times:

1. Body Condition.

a. No body damage, frame damage, tears or rust holes in the taxicab body and/or loose pieces hanging from the taxicab body are permitted. Front and rear fenders, bumpers, hood, trunk, and trim shall be securely fixed and shall be in correct alignment to the taxicab as OEM. Body damage shall be defined as an unrepaired dent, distortion, depression, bulge, tear, hole, or disfigurement.

b. The exterior of the taxicab shall be maintained in a reasonably clean condition and shall be free of excessive dirt, tar, oil, and rust.

c. The taxicab paint shall not be faded, blistered, cracked, chipped, peeled, or scratched.

d. Each operator shall paint vehicles in one primary color scheme. The traffic authority may approve one secondary color scheme for special vehicles.

e. The color scheme, name, monogram, or insignia used upon operator taxicabs shall not be in conflict with and shall not imitate any other color scheme, name, monogram, or insignia used by any other operator. The provisions of this subsection shall not be applied to require any change or modification of any color scheme, name, monogram, or insignia continuously used by any operator authorized prior to January 1, 2002.

2. Brake System: Pursuant to California Vehicle Code § 26453.

3. Climate Control.

a. The defroster must be operational pursuant to California Vehicle Code § 26712.

b. The air conditioning/heating units shall be functional at all times. The air discharged from the air conditioner interior vent system shall be continuously cool. All air conditioning temperature controls and functions shall operate as originally designed and manufactured with no knobs or components broken or missing. Systems shall operate on all OEM speeds with no excessive noise.

4. Exhaust System: Pursuant to California Vehicle Code § 27153.

5. Fuel Tank Cap: Pursuant to California Vehicle Code § 27155.

6. Horn: Pursuant to California Vehicle Code § 27000.

7. Hubcaps: Hubcaps or wheel covers shall be of like style and shall be on all wheels for which hubcaps are standard equipment.

8. Interior Condition.

a. Passenger compartment, driver compartment, and trunk or luggage area shall be clean and free of foreign matter, offensive odors and litter.

b. Seat upholstery shall be clean. Interior walls, carpet and/or flooring, and ceiling shall be kept reasonably clean. No rips or tears are permitted. All repairs shall be done so as to reasonably match the existing interior.

c. Door handles and doors shall be intact, clean and operational. Each door shall be capable of being unlocked and opened from the interior of the taxicab.

d. Dashboards shall be maintained in a manner that is clean and free of loose articles. Dashboards shall be free of: cracks, holes, and tears.

9. Interior Information.

a. A 4” x 6” information card shall be displayed in plain view of all passengers at all times that the taxicab is in operation.

b. The information card shall contain the following information: name, business address and telephone number of the operator and taxicab driver; the city’s address and phone number, and the authorized fare schedule.

c. The valid driver permit issued to the driver shall be in plain view of all passengers at all times that the taxicab is in operation.

d. One city-issued customer information sticker shall be displayed in plain view of all passengers at all times that a taxicab is in operation. The sticker shall be placed on the outside, rear, passenger-side window. The sticker shall indicate that the taxicab has been safety inspected and indicate a telephone number to call for information.

10. License Plates: Pursuant to California Vehicle Code § 5202.

11. Lights and Lenses.

a. Headlights shall be operational on both high and low beams (California Vehicle Code § 24400).

b. Taillights shall be operational and the light emitted be red in color (California Vehicle Code § 24600).

c. Emergency flashers shall be operational (California Vehicle Code § 24252).

d. Reverse lights shall be operational (California Vehicle Code § 24606(a)).

e. Turn signal lights shall be operational (California Vehicle Code § 24951(b)(1)).

f. Brake lights shall be operational (California Vehicle Code § 24603(b)).

g. License plate light shall be operational (California Vehicle Code § 24601).

h. Interior lights shall be operational.

i. Light lenses must be intact and contain no holes or large cracks.

12. Markings.

a. Exterior markings shall consist of Operator’s company name, phone number, body number and other city approved logo. Such exterior markings shall be properly and neatly placed and easy to read (in contrasting colors).

b. Operator’s company name shall be placed on each side of taxicab in letters not less than 3 inches in height (in contrasting colors).

c. Taxicab number shall be placed on each side and rear of the taxicab in numbers not less than 3 inches in height.

13. Mirrors: Pursuant to California Vehicle Code § 26709.

14. Muffler: Pursuant to California Vehicle Code § 27150(a).

15. Parking Brake: Pursuant to California Vehicle Code § 26451.

16. Proof of Insurance: Pursuant to California Vehicle Code § 16020 through 16028.

17. Radio: Taxicabs shall be equipped with a two-way radio or cellular phone in working order.

18. Seat Belts: Pursuant to California Vehicle Code § 27315. Additionally, taxicab restraint system shall be maintained to OEM specifications and shall be in good working order.

19. Steering and Suspension System: Steering and suspension system shall be in good mechanical order. (California Vehicle Code § 24002(a)(b)).

20. Taximeter and Meter Seals.

a. A taximeter in working order.

b. Taximeter shall have an intact meter seal.

c. Taximeter shall be certified by the County of Los Angeles Bureau of Weights and Measures. The date on the seal shall not be more than 13 months old.

d. Taximeter shall be placed in the taxicab so that the reading dial showing the amount of fare to be charged shall be well lighted and easily read by the passenger.

e. A taxicab shall be placed out of service if the taximeter is not working, the seal is broken or missing, or the authorized fare is not being charged.

f. Taximeter shall not charge a fare other than the authorized fare.

21. Tires.

a. Pursuant to California Vehicle Code § 27465(b).

b. A jack, tire changing tool, and an inflated spare tire. An operator may be exempted from this requirement upon proof that the operator has a contract with a towing company and a policy in place to send another taxicab for the stranded passengers.

22. Windows.

a. Front and rear windshield per California Vehicle Code § 26710.

b. Safety glass shall be in all windows.

c. Windows shall be operational as originally designed.

23. Windshield Wipers: Pursuant to California Vehicle Code § 26707.

24. Footpedal Pads: OEM rubber pads on all foot controls. Pads shall not be worn or deteriorated to the point that metal is showing.

25. California Vehicle Registration.

a. A valid registration per California Vehicle Code § 4462.

b. Registered as commercial Taxicabs per California Vehicle Code § 260.

c. Registered to the operator showing the same operator’s name and address.

26. Vehicle Age: Effective January 1, 2003, the city shall not issue a taxicab permit for any vehicle older than ten (10) model years measured from the current calendar year (example: during calendar year 2003 vehicle must be model year 1993 or later). Vehicles older than ten (10) model years shall not be eligible to operate as a taxicab under any condition.

C. Notwithstanding the provisions of subparagraph B of this section, the traffic authority may waive the requirement that a taxicab be inspected, provided the traffic authority finds that (1) the taxicab is duly licensed by another city in the County of Los Angeles and that the inspection procedure of such other city is adequate to insure the accuracy of the taximeter and safety of the taxicab being operated in the City of Gardena or, (2) the taxicab has been inspected within the previous year by a vehicle inspection facility approved by the traffic authority for performance of vehicle safety and taximeter accuracy inspections. The city council may by resolution prescribe an annual fee for such waiver, which fee shall be paid to the city.

D. Random inspections.

1. In addition to the initial and annual taxicab inspection, all taxicabs operated in the city shall submit to on the road or random inspections by city peace officers or code enforcement officials when so requested. Failure to submit to an inspection may result in suspension of the taxicab permit. The inspecting official shall complete an inspection report at the time of inspection which shall indicate what repairs, if any, need to be made to the taxicab. One copy of the report shall be given to the driver. City shall mail a copy of the report to the operator to whom the vehicle is registered.

2. If the inspection report indicates the need for repairs to a taxicab, the operator is required to present the taxicab to the city for re-inspection within the time frame provided in the report to verify that the required repairs have been made. A re-inspection fee shall be required at time of re-inspection.

3. If a taxicab fails any inspection, the inspecting official may order such taxicab out-of-service pending repairs and re-inspection. The inspecting official may suspend the taxicab permit by removing the taxicab permit sticker.

4. In the event that repairs have not been made to a taxicab within the time frame provided for in the report, the taxicab permit shall be suspended or revoked until all corrections have been made to the satisfaction of the traffic authority.

5. Upon correction and passing re-inspection, the traffic authority shall re-instate the taxicab permit by issuing a replacement taxicab permit using the original expiration date.

E. Upon issuance of a taxicab operator permit and upon passing inspection (or having such requirement waived pursuant to subparagraph C of this section), the city shall issue a nontransferable taxicab permit sticker for each approved taxicab. The taxicab permit sticker shall be affixed to the left-hand corner of the rear of the taxicab for which the sticker is issued. The sticker shall be valid for one (1) year, after which time the taxicab must be submitted for re-inspection pursuant to this section. Operator shall cause any expired stickers to be removed before affixing a newly issued sticker to a taxicab.

F. Prior to placing into service a taxicab not previously listed in an operator permit application, a permittee shall submit to the city the information required by this section and shall comply with the inspection requirements set forth in subparagraphs B and C of this section. (Ord. 1625 § 1, 2003; prior code § 6-7.12)

5.68.130 Taxicab operator permit – Qualifications.

In addition to the criteria set forth in subsection A of section 5.68.070, the city council, in determining whether a permit applied for pursuant to this article shall be issued, may take into consideration any and all facts and conditions which the council may deem pertinent or proper, including, but not limited to a consideration of:

A. The financial responsibility of the applicant;

B. The effect of the granting of the permit applied for on the businesses and operations of prior permittees, then operating;

C. Whether or not prior permittees, then operating are:

1. Under efficient management earning a fair and reasonable return on their capital devoted to the service; and

2. Under normal conditions adequately serving the public; and

D. Whether the location from which the applicant proposes to operate, if such location is within the city limits, complies with the provisions of the city’s zoning ordinance, including but not limited to those provisions pertaining to repair, storage, and parking of vehicles.

E. To assist the city council in making its determinations pursuant to this section, each operator shall, on a quarterly basis, submit to the traffic authority the following information for the reporting period: (1) the number of trips handled by the operator’s company in the city, (2) average call response time, (3) average trip distance, (4) logs describing pick-up and drop off locations for each trip, and (5) complaint logs. (Ord. 1625 § 1, 2003; prior code § 6-7.13)

5.68.140 Taxicab operator permit – Insurance.

A. Before any operator permit is issued, the permit applicant shall be required to file with the city evidence of insurance, in full force and effect, issued by a solvent and responsible company licensed to do business in the State of California, insuring the applicant against loss by reason of injury or damage that may result to persons, including taxicab passengers, or property, from the negligent operation or maintenance of a taxicab. Applicant shall provide a Certificate of Insurance and Insurance Policy Binder showing that the applicant is insured for a minimum combined single limit of five hundred thousand dollars ($500,000) for the injury or death of one or more persons in the same accident, and one hundred thousand dollars ($100,000) for injury or destruction of property. In addition, the applicant shall direct the insurance company to provide to City certified copies of Endorsements to the insurance policy 1) naming the City of Gardena, its officers, elected officials, employees, and agents as additional insureds; and 2) indicating that coverage shall not be reduced, terminated or cancelled without thirty (30) days prior written notice to city. Certified copies of the insurance policies shall be provided to city within ninety (90) days of the policy issuance. At least ten (10) business days prior to the expiration of the current policies, an operator shall submit insurance binders evidencing insurance coverage for the policy period subsequent to the expiration of the current policies. No self-insured retention shall be allowed. Deductibles shall not exceed $2500 per occurrence.

B. The city manager may, based on an increase in the Consumer Price Index or by reason of the number or types of claims which have or might result from the applicant’s operation of a vehicle for hire within the city, require such applicant to increase the limits of the insurance coverage required by this section; provided that the city manager shall serve such applicant with a notice of any required increase in its insurance coverage at least thirty days prior to the date that such insurance coverage must be in effect. (Ord. 1625 § 1, 2002; Ord. 1601 § 58, 2000; Ord. 1566 §§ 1, 2, 1999; prior code §§ 6-7.14, 6-7.18)

5.68.150 Taxicab driver permit – Application.

An applicant for a driver permit shall submit an application in a form provided by the city, which application shall include at least the following items or information:

A. Applicant’s name, age, residential address and telephone number, and all business addresses and telephone numbers.

B. A written statement of the applicant’s experience as a taxicab driver.

C. A copy of the applicant’s valid California driver license and driving record as compiled by the California Department of Motor Vehicles.

D. A copy of any other taxicab driver licenses or permits held by the applicant.

E. Affiliation with operator.

F. A written statement that applicant is familiar with the City of Gardena and the surrounding area, the operating procedures of any taxicab operator with whom the applicant is affiliated, and the provisions of this chapter.

G. Any other information as the city council or traffic authority may require. (Ord. 1625 § 1, 2003; Ord. 1601 § 58, 2000; Ord. 1566 §§ 1, 2, 1999; Prior Code § 6-7.14)

5.68.160 Taxicab driver permit – Qualifications.

In addition to satisfying the criteria set forth in subsection A of section 5.68.070, each applicant for a driver permit must meet the following minimum qualifications:

A. Be eighteen years of age or over; and

B. Comply with the Mandatory Controlled Substance and Alcohol Testing Certification Program set forth in section 5.68.170. (Ord. 1625 § 1, 2003)

5.68.170 Taxicab driver permit – Mandatory controlled substance and alcohol testing certification program.

A. An applicant for a driver permit shall test negative for each of the controlled substances specified in Part 40 (commencing with section 40.1) of Title 49 Code of Federal Regulations, before employment or issuance of a driver permit. Drivers shall test negative for these controlled substances and for alcohol as a condition of permit renewal or at such other times as the city shall designate. As used in this section, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.

B. Testing procedures shall comply with Part 40 (commencing with section 40.1) of Title 49 Code of Federal Regulations, except that the applicant or driver shall show a valid California driver license at the time and place of testing, and except as provided otherwise in this section. Requirements for rehabilitation and for return-to-duty and follow-up testing and other requirements are as specified in Part 382 (commencing with section 382.101) of Title 49 Code of Federal Regulations.

C. Evidence of compliance with a controlled substance or alcohol testing certification program conducted by another jurisdiction that meets the requirements set forth in section 53075.5(b)(3) of the California Government Code shall be accepted as meeting the requirements of this section. Any negative test result shall be accepted for one year as meeting a requirement for periodic permit renewal testing if the driver has not tested positive subsequent to a negative result. However, an earlier negative result shall not be accepted as meeting the pre-employment testing requirement for any subsequent employment, or any testing requirements under the program other than periodic testing.

D. In the case of a self-employed independent driver, the test results shall be reported directly to the city, which shall notify the driver and the taxicab leasing company of record, if any, of positive results. In all other cases, the results shall be reported directly to the employing taxicab operator, who shall notify the city of positive results.

E. Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of, this program with regard to themselves. Employing operators shall be responsible for compliance with, and shall pay all costs of, this program with respect to their employees and potential employees, except that an operator may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and follow-up testing.

F. Upon the request of a driver applying for a permit, the city shall give the driver a list of the consortia certified pursuant to Part 382 (commencing with section 382.101) of Title 49 Code of Federal Regulations that the city knows offer tests in or near the city.

G. All test results shall be confidential and shall not be released to any party, other than the operator or the city, without the consent of the driver or applicant. No evidence derived from a positive test result obtained through a test conducted pursuant to this section shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances. (Ord. 1625 § 1, 2003)

5.68.180 Operating regulations – Route requirements.

Any taxicab 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 their destination. (Ord. 1625 § 1, 2003)

5.68.190 Appeals.

Any decision made pursuant to the authority of this chapter shall be appealable to the City Manager.

Decisions of the City Manager shall be final unless appealed to the City Council within ten days of the mailing of notice of such decision to the applicant.

All appeals made pursuant to this section shall be in writing, set forth in detail the specific grounds of such appeal, and be accompanied by the required appeal fee established by City Council resolution. (Ord. 1629 § 3, 2003; Ord. 1625 § 1, 2003)

5.68.200 Operating regulations – Misrepresentation prohibited.

It is unlawful for any operator, driver or agent soliciting patronage for any taxicab to misrepresent by word, sign, insignia or badge the true identity of the taxicab for which the patronage is sought. (Ord. 1625 § 1, 2003)

5.68.210 Operating regulations – Receipt for fare.

It is unlawful for the operator of any taxicab upon receiving full payment for a fare as indicated by the taximeter to refuse to give a receipt upon the request of any passenger making the payment. (Ord. 1625 § 1, 2003)

5.68.220 Operating regulations – Taxi stands.

It is unlawful for a taxicab to be parked while awaiting employment in any place except a taxi stand designated pursuant to this code, or from a private garage or parking space on private property. Taxi stands shall be designated by resolution of the City Council and shall be available for the exclusive use of taxicabs authorized to operate in the city pursuant to permits issued in accordance with this chapter. Designated taxi stands shall be in operation twenty-four (24) hours of every day, unless otherwise provided by the city council. It is unlawful for the driver of any taxicab to leave a taxicab unattended at a taxi stand for a period of time longer than ten (10) minutes. (Ord. 1625 § 1, 2003)

5.68.230 Application to existing permittees.

Any permittee lawfully operating on the effective date of this chapter shall, no later than ninety (90) days from the effective date of this chapter, comply with all the requirements of subsection 5.68.170. Said permittee shall comply with all the provisions of this chapter upon the first anniversary of the effective date of this chapter and thereafter. (Ord. 1625 § 1, 2003)