CHAPTER 4.56
TAXICABS
SECTION:
4.56.020 Owner And Driver Permits Required; Exceptions
4.56.040 Driver Permit And Badge
4.56.050 Permit Application Approval Required
4.56.070 Vehicle Use Restrictions
4.56.080 Operation From Stands, Garages, Parking Spaces
4.56.090 Use Of Street Stands, Permit Requirements
4.56.100 Granting, Denial Or Revocation Of Permits
4.56.120 Promulgation Of Regulations
4.56.130 Display Of Signs, Business Name
4.56.140 Schedule Of Fares Or Taximeters; Driver Restrictions
4.56.150 Direct Route To Destination
4.56.170 Misrepresentation Of Identity Of Vehicle
4.56.010 DEFINITIONS:
As used in this chapter, the following terms shall have the meanings ascribed to them in this section:
|
AUTOMOBILE FOR HIRE OR VEHICLE FOR HIRE: |
Every automobile or motor propelled vehicle of private appearance not equipped with a taximeter used for the transportation of passengers over the public streets of the city and not over a defined route, and irrespective of whether such operation extends beyond the city limits, at rates per mile, per trip, per hour, per day, per week, per month, and such vehicle is routed under the direction of such passenger, or passengers, or of such persons hiring the vehicle. |
|
COUNCIL: |
The city council. |
|
DRIVER: |
Includes every person in charge of driving or operating any passenger carrying or motor propelled vehicle, as herein defined, either as agent, employee or otherwise. |
|
STREET: |
Any place commonly used for the purpose of public travel. |
|
STREET STAND: |
A portion of a street designated by the traffic authority for the use, while awaiting employment, of any passenger carrying or motor propelled vehicle as herein defined. |
|
TAXICAB: |
Every automobile or motor propelled vehicle of a distinctive color used for the transportation of passengers for hire over the public streets of the city, and not over a defined route, and irrespective of whether the operations extend beyond the city limits, at rates for distance traveled or for waiting time, or for both, and such vehicle is routed under the direction of such passenger or passengers, or of such persons hiring the vehicle. |
|
TAXIMETER: |
A mechanical instrument or device by which the charge for hire of a passenger carrying vehicle is mechanically calculated either for distance traveled or for waiting time, or for both, and upon which such charges shall be indicated by means of figures. |
|
TRAFFIC AUTHORITY: |
The chief of police. (1972 Code § 5.32.010) |
4.56.020 OWNER AND DRIVER PERMITS REQUIRED; EXCEPTIONS:
It is unlawful for any person to operate or cause to be operated at any point in the city any taxicab or limousine unless there shall have been issued by the city an owner’s permit to the owner and a driver’s permit to the driver thereof, and unless each such permit shall be in full force and effect, except:
A. When a vehicle which is lawfully transporting a passenger, or passengers, from a point outside to a destination within the city; provided, that no such vehicle shall, without such permit, solicit or accept a passenger or passengers from within the city for transportation to any destination whatsoever;
B. When a vehicle is being operated pursuant to a franchise issued by the city or pursuant to authority of the railroad commission of the state of California;
C. When a vehicle is being operated for the purpose of transporting bona fide pupils attending an institution of learning between their homes and such institutions. (1972 Code § 5.32.020)
4.56.030 OWNER PERMIT:
A. Public Convenience And Necessity: The city council, in determining whether or not public convenience and necessity exists in the case of any application, may take into consideration any and all facts and conditions which such council may deem pertinent and proper, including, but not limited to, a consideration of:
1. The financial responsibility of the applicant;
2. The effect of the granting of the permit applied for on the businesses and operation of prior permittees hereunder then operating;
3. Whether or not prior permittees hereunder, then operating, are:
a. Under efficient management earning a fair and reasonable return of their capital devoted to such service; and
b. Under normal conditions adequately serving the public. (1972 Code § 5.32.030)
B. Permit Issuance; Conditions; Fee: Applicant for such permit shall pay the city such fee as shall be established, and from time to time may be amended, by resolution of the city council. Additionally, the applicant for such permit shall furnish two (2) one and one-fourth inch by one and one-half inch (1 1/4" x 1 1/2") photographs of themselves and be fingerprinted by the police department and pay a city fee in accordance with the most recent fee schedule adopted by resolution of the city council to include the state fee imposed on the city for processing said fingerprints. The fee so deposited is to cover the expenses incurred by the city, and no refund shall be made for any reason. (1972 Code § 5.32.040; amd. 2003 Code)
1. No taxicab permit shall be issued to any person, firm, or corporation until a standard, distinctive and uniform color scheme, name, monogram, or insignia has been adopted by the applicant and approved by the chief of police which designates the owner of the vehicle.
2. No permit shall be issued to any person, firm, or corporation whose color scheme, name, monogram or insignia to be used on such cars shall be in conflict with, or imitate, any color scheme, monogram, name or insignia used by another concern operating within the city, in such a manner as to be misleading or tend to deceive or defraud the public.
3. The permits herein mentioned shall entitle the holder thereof to obtain a license to engage in the business described in the permit from the city clerk upon the payment of the license fee therefor, as provided by this chapter, and the city clerk shall issue to the holder of such permit a license setting forth the kind of transportation for which such license is issued and the year when issued. This permit shall be filed with the city clerk.
4. Each applicant for a taxicab permit shall be subject to normal and usual investigation and screening by the chief of police prior to issuance of the taxicab permit. (1972 Code § 5.32.040)
C. Annual Renewal; Conditions; Fees: The holder of an active owner’s permit shall pay the city an annual renewal permit fee in accordance with the most recent fee schedule adopted by resolution of the city council. Such fee shall be paid at the time of, or prior to, the renewal of the city business license. The city shall issue a new permit for the new year. (2003 Code)
4.56.040 DRIVER PERMIT AND BADGE:
A. Required: It is unlawful for any person to drive, operate or be in charge of any passenger carrying or motor propelled vehicle as herein defined without first having obtained a permit in writing so to do from the city council upon recommendation of the chief of police.
B. Application For Permit: Applicants for such permits so to do shall file with the city council an application in writing upon blanks to be furnished by the city containing such information as the city council or the chief of police may require. (1972 Code § 5.32.050)
C. Issuance; Fee; Badge: Every such permit so granted as provided in this chapter shall be filed with the city, and upon payment to the city a fee in accordance with the most recent fee schedule adopted by resolution of the city council, it shall issue to the holder of such permit a badge of such design and bearing such words and numerals as may be prescribed by the city. (1972 Code § 5.32.050; amd. 2003 Code)
D. Annual Renewal; Issuance; Fees: The holder of an active driver’s permit shall pay the city an annual renewal permit fee in accordance with the most recent fee schedule adopted by resolution of the city council. Such fee shall be paid at the time of, or prior to, the renewal of the city business license for which the owner’s permit is issued. The city shall issue a new badge for the new year. (2003 Code)
E. Conditions For Issuance: No permit shall be issued to any driver as herein defined who is under the age of eighteen (18) years, or who, in the exercise of reasonable discretion, the chief of police shall deem not a fit or proper person to be in charge of or operate an automobile for hire, as determined by the rules and regulations of the city council pertaining to the operation of and the extent, character and quality of the service of taxicabs and autos for hire; nor shall any driver’s permit be issued except to a citizen of the United States or to one who has regularly declared his intention to become a citizen. (1972 Code § 5.32.050)
4.56.050 PERMIT APPLICATION APPROVAL REQUIRED:
All applications for taxicab permits shall be submitted for approval to the administrative officer. Either the applicant or any other interested party may appeal to the city council from any determination on such application made by the administrative officer. (1972 Code § 5.32.190)
4.56.060 INSURANCE REQUIRED:
A. Insurance Required; Amounts:
1. Before any license is issued for any vehicle or vehicles hereinbefore defined, the owner shall be required to file with the city council, and thereafter keep in full force and effect, a policy of insurance in such form as the city council may deem proper, and executed by an insurance company approved by the city council, insuring the public against any loss or damage that may result to any person or property from the operation of such vehicle or vehicles; provided, that the minimum amount of recovery in such policy of insurance specified shall not be less than the following sums:
|
For the injury to any one person or the death of any one person in any one accident: |
$15,000.00 |
|
For the injury to 2 or more persons, or the death of 2 or more persons in any one accident: |
$30,000.00 |
|
For the injury or destruction of property in any one accident: |
$5,000.00 |
2. It is unlawful for any owner to operate or cause to be operated any vehicle without having a policy as described in this section in full force and effect at all times during the operation of such vehicles.
B. Continuing Liability: All policies shall contain a provision for a continuing liability thereunder up to the full amount of the penalty thereof, notwithstanding any recovery thereon. (1972 Code § 5.32.060; amd. 2003 Code)
4.56.070 VEHICLE USE RESTRICTIONS:
No vehicle as described in section 4.56.010 of this chapter for which a permit shall have been issued shall be operated by anyone but the owner thereof or any employee of the owner; and it is unlawful for the owner or any driver of any such vehicles to enter into any contract agreement or understanding between themselves by the terms of which such driver pays to, or for the account of, such owner a fixed or determinable sum for the use of such vehicle. (1972 Code § 5.32.070)
4.56.080 OPERATION FROM STANDS, GARAGES, PARKING SPACES:
It is unlawful for any of the vehicles defined in section 4.56.010 of this chapter to be operated from any place except a stand, granted by the city council in accordance with the provisions of this chapter, or from a private or public garage or parking space on private property; and it is unlawful for the owner, driver or operator of a vehicle operating under one classification as defined in this chapter to transfer the same to, or use the same in, another classification unless and until public convenience and necessity shall have been established so to do, as set forth herein. (1972 Code § 5.32.080)
4.56.090 USE OF STREET STANDS; PERMIT REQUIREMENTS:
A. Conditions For Issuance Of Permit: Permits may be issued as provided in this chapter by the city council upon recommendation of the chief of police to the owners of the vehicles herein defined allowing any such vehicles while awaiting employment to stand at certain designated places upon the streets of the city; provided however, that no such permit shall be granted except upon written application of the person desiring such stand, filed with the city council, stating the number and kind of vehicle or vehicles for which the permit is sought, and the proposed location of such stand; provided also, that such application must contain either the written consent of the occupant of the first floor of that portion of the building or property in front of which it is desired that the vehicle may stand, or if there is a building and the first floor is not occupied, then such permit may be granted upon the written consent of the owner, agent or lessee of such building or premises.
B. Use Of Bus Transportation Station: In addition to the number of taxicabs that may be permitted to stand upon the street within the limits of any block as hereinafter in this section provided, the city council may grant permission to a taxicab owner or company who has a stand upon the public street at a station of any steam, interurban or bus transportation system, for additional taxicabs at any such stand located in front of or along the side of any such steam, interurban or bus transportation system as may be necessary to meet the needs of the traveling public; provided however, that the consent of the owner or operator of the steam, interurban or bus transportation system is first obtained by the taxicab company for the additional taxicabs. Except as otherwise provided in this chapter, not more than three (3) such vehicles shall be permitted to stand on any one side of a street within the limits of any one block having a frontage of five hundred feet (500’) or more, nor shall more than two (2) such vehicles be permitted to stand upon any one side of such street within such block having a frontage of less than five hundred feet (500’); provided however, that no permit shall be issued for any stand to be located within fifty feet (50’) of another such stand on the same side of any street; and provided further, however, that the city council may, after exercising reasonable discretion, grant from time to time renewals or extensions of permits for stands existing upon the adoption of this chapter.
C. Standing At Unauthorized Places: It is unlawful for the owner or driver of any of the vehicles herein defined to stand or cause or permit such vehicle to stand while awaiting employment at any place other than a stand designated by the city council and assigned to the owner of the vehicle.
D. Leaving Vehicle Unattended In Stand: It is unlawful for the owner or driver of any of the vehicles herein defined to leave such vehicle unattended in a stand for a period of time longer than three (3) minutes.
E. Occupying Stands; Limitation On Designation Of Area: All stands may be occupied for the full period of twenty four (24) hours; provided however, that nothing contained in this chapter shall authorize the establishing of a stand at any place in the city where the standing of vehicles is prohibited by law. (1972 Code § 5.32.090)
4.56.100 GRANTING, DENIAL OR REVOCATION OF PERMITS:
A. Council Authority:
1. The city council, upon recommendation of the chief of police, shall have the power to grant or deny any or all permits herein when, in the exercise of reasonable discretion, it shall have been determined that the applicant has or had not complied with all the provisions of this chapter relating to the granting of such permits.
2. From the time of the revocation, or during the suspension of any such permits, it is unlawful for any such person whose permit is suspended or revoked to drive, operate or be in charge of any of the vehicles mentioned in this chapter, or to cause or permit the vehicles on which the permit has been suspended or revoked to engage in the several classes of business mentioned in this chapter or to allow any such vehicle to stand while awaiting employment at a location designated in such suspended or revoked permit or at any other location within the city until a new permit has been procured or until the period of suspension shall have expired; provided however, that the chief of police may, and he is authorized to, suspend any of the permits herein mentioned when the permittee has not complied with the provisions of this chapter, or shall have been arrested for, or convicted of, the commission of a felony, or shall have been arrested for, or convicted of, bookmaking, gambling, reckless driving, pandering, or use, sale, possession, furnishing information regarding or transportation of narcotics, or for assault, or battery, or shall have charged rates other than those which the permittee has on file with the city council or shall have violated any of the rules and regulations of the city council pertaining to the operation of and the extent, character, and quality of the services of taxicabs and vehicles for hire.
3. The action of the chief of police in suspending any permit is to be subject to the ratification and approval of the city council at any of its meetings held subsequent to the action of the chief of police but not later than twenty one (21) days thereafter.
B. Term Of Permit: All permits issued under the provisions of this chapter shall be for a period not to exceed one year, and all such permits shall expire upon June 30 of each year at twelve o’clock (12:00) midnight; provided however, that all permits issued for street stands, except those issued upon the written consent of a person operating a hotel which may be renewed yearly, shall remain in full force and effect until the same shall be cancelled either by the city council or the chief of police, or upon the request of the permittee, or the person who has given such written consent to use the stand shall have notified the city council that such permission has been withdrawn. (1972 Code § 5.32.160)
4.56.110 VEHICLE LICENSE FEES:
A. Vehicle License Fee: At the time of the issuance of any license under this chapter to operate within the city and of the vehicles defined in section 4.56.010 of this chapter, the licensee shall pay the city a license fee of twenty five dollars ($25.00) per year for each such vehicle and such annual fee shall continue to be paid to the city for the respective license period covered thereby as long as any such vehicle is so operated or offered for rental or hire within the city and as long as any license for such operation is in effect. (1972 Code § 5.32.180; amd. 2003 Code)
B. License Fee In Lieu Of Other Such Fees: The license fee hereunder shall be in lieu of any other municipal license fee or fees which might otherwise be payable to the city under any other ordinance or ordinances thereof for the same operation. In the event that any person holds a valid, current license under any other city ordinance for the type of vehicle herein referred to at the time this chapter becomes effective, then and in that event credit shall be given the holder of any such license for the unexpired portion thereof on the first fee payable hereunder in the event such licensee is granted a permit under this chapter, but in case such licensee is not granted a new permit hereunder, then and in that event any unearned portion of such existing license fee shall be refunded. (1972 Code § 5.32.180)
4.56.120 PROMULGATION OF REGULATIONS:
The city council and also the chief of police shall have authority to adopt and promulgate such rules and regulations as may be necessary for the service and safety of the operation of the vehicles herein mentioned. (1972 Code § 5.32.170)
4.56.130 DISPLAY OF SIGNS, BUSINESS NAME:
A. Authority To Display; Sign Specifications:
1. Every vehicle used for carrying passengers for hire while standing upon a street in the city awaiting employment may display a sign with the words "for hire".
2. Such sign shall be of metal or other material approved by the chief of police of a uniform size of six inches by nine inches (6" x 9"). The outer surface of all signs specified in this paragraph shall be painted, printed, or enameled a dark color and the letters and figures appearing thereon shall be white.
B. Business Name:
1. Every taxicab and vehicle for hire used for carrying passengers for hire shall display in the rear of the driver’s seat and in the passenger compartment and in full view of the passengers or passenger a card not less than two inches by four inches (2" x 4"), nor more than two and one-half inches by five inches (2 1/2" x 5"), which shall have printed thereon the owner’s name, or the corporate or fictitious name under which the owner operates, and the business address and telephone number of such owner, together with the rates to be charged for such vehicle.
2. Every taxicab or vehicle for hire shall have conspicuously displayed thereon at one or more locations on the outside thereof the name of the owner or the corporate or fictitious name under which the owner operates, together with the company’s telephone number and the cab or vehicle number.
C. Vacancy Sign: Every taxicab or vehicle for hire may display an electrically lighted "vacant" sign attached to the top of such cab. Every such sign shall be not more than two and one-half inches (2 1/2") high and nine inches (9") in length.
D. Council Permission To Display Signs: It is unlawful to display any sign other than those provided in this section on any of the vehicles hereinbefore mentioned without first obtaining the written permission of the city council so to do. (1972 Code § 5.32.100)
4.56.140 SCHEDULE OF FARES OR TAXIMETERS; DRIVER RESTRICTIONS:
A. Posting Schedule; Taximeter Requirements:
1. Unless the owner or operator is permitted in writing by the city council to post a schedule of fares in lieu of a taximeter, it is unlawful for any owner operating any taxicab or vehicle for hire under the provisions of this chapter to operate any such vehicle unless it is equipped with a taximeter of such type and design as may be approved by the city council.
2. It shall be the duty of every owner using any taximeter to at all times keep such meter accurate, and such meter shall be subject to inspection from time to time. Any inspector of the city council or peace officer is authorized at his insistence, or upon the complaint of any person, to investigate such taximeter and, upon the discovery of any inaccuracy of the taximeter, to remove or cause to be removed any such vehicle equipped with the taximeter from the streets of the city until the taximeter shall have been correctly adjusted.
3. It shall be a violation to tamper with any taximeter.
B. Rates Fixed By Council: The rate or fares to be charged to the public by taxicabs or limousines operating over the streets of the city shall be fixed by the city council at the time of the issuance of the owner’s permit.
C. Determination Of Rates To Be Just: No rate shall be placed in effect, charged, demanded or collected for a taxicab or limousine until the city council, after a hearing on its own motion or upon application, or upon complaint, shall have found and determined the rate to be just, reasonable, nondiscriminatory, nonpreferential nor in any way in violation of any provision of this chapter or any provision of law; nor until the rate to be placed in effect, charged, demanded or collected shall have been approved and established by the city council.
D. Investigation Of Rates: The city council shall have power, upon hearing upon its own motion or upon complaint, to investigate a single rate or fare, or the entire schedule of rates in effect, charged, or demanded, or collected for taxicabs or limousines, and to establish a new rate or schedule of rates in lieu thereof.
E. Use Of Taximeters: All taxicabs and vehicles required to have taximeters hereunder must base their charges on taximeters and all taximeters shall be placed so that the reading dial showing the amount to be charged shall be well lighted and readily discernible by the passenger riding in such taxicab.
F. Driver Restrictions: It is unlawful for any driver of a taxicab or vehicle for hire while carrying passengers to display the flag attached to the taximeter in such a position as to denote that such taxicab or vehicle is not employed, or to throw the flag of the taximeter in a recording position when such cab or vehicle is not actually employed, or to fail to throw the flag of such taximeter in a nonrecording position at the termination of each and every service.
G. Reckless Or Drunk Driving, License Suspension: The driving privileges of any taxicab driver convicted of drunk driving or of reckless driving shall be ordered suspended and shall remain suspended until ordered reinstated by the city council.
H. Violation Of State And Local Laws: Three (3) moving violations of either the city code or the California Vehicle Code shall be grounds for suspension or revocation of taxicab drivers’ permits and privileges by the city council upon recommendation by the chief of police. (1972 Code § 5.32.110)
4.56.150 DIRECT ROUTE TO DESTINATION:
A. Taking Direct Route: Any driver employed to carry passengers to a finite point shall take the most direct route possible that will carry the passengers safely, lawfully and expeditiously to their destination.
B. Passenger Rights: When a taxicab or vehicle for hire 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, or driver, of the taxicab to solicit or carry additional passengers therein without the consent of the first occupant or occupants. (1972 Code § 5.32.120)
4.56.160 REFUSAL TO PAY FARE:
It is unlawful for any person to refuse to pay the legal fare of any of the vehicles mentioned in this chapter after having hired the same, and any person who shall hire any vehicle herein defined with the intent to defraud the person from which it is hired shall be guilty of a misdemeanor. (1972 Code § 5.32.130)
4.56.170 MISREPRESENTATION OF IDENTITY OF VEHICLE:
It is unlawful for any owner, driver or agent soliciting patronage for any of the vehicles mentioned in this chapter to misrepresent by word, sign, hatband, insignia, or badge, the true identity of the vehicle for which such patronage is sought. (1972 Code § 5.32.140)
4.56.180 RECEIPT FOR FARE:
It is unlawful for the operator of any taxicab or vehicle for hire, upon receiving full payment for a fare as indicated by the taximeter or schedule of fares, when such schedule is permitted in lieu of taximeter, to refuse to give a receipt upon the request of any passenger making the payment. (1972 Code § 5.32.150)