4-32
TAXICABS.1
4-32.1 Definitions.
As used in this section:
Cruising shall mean the driving of a taxicab on the streets, alleys or public places of the City in search of, or soliciting, passengers for hire.
Driver shall mean and include each person in charge of driving or operating any taxicab, either as agent, employee or otherwise.
Driver’s license shall mean the permission granted by the traffic authority to a person to drive a taxicab upon the streets of the City.
Holder shall mean a person to whom a permit has been issued pursuant to this section.
Manifest shall mean a daily record prepared by a taxicab driver of all trips made by the driver, showing the time and place of origin, destination, number of passenger and the amount of fare of each trip.
Owner shall mean every person having the ownership, use or control of any taxicab who operates or proposes to operate the taxicab as a business within the City.
Permit shall mean the authority issued to an owner authorizing him to operate or have operated a specific number of taxicabs upon the public streets of the City.
Rate card shall mean a card issued by the Traffic Authority in each taxicab which contains the rates of fare then in force.
Taxicab shall mean a motor vehicle regularly engaged in the business of carrying passengers and their baggage for hire, having a seating capacity of less than six (6) persons and not operating on a fixed route irrespective of whether or not the operations extend beyond the City.
Taximeter shall mean a meter instrument or device attached to a taxicab which measures mechanically the distance driven and the waiting time upon which the fare is based.
Traffic Authority shall mean the Chief of Police of the City, his or her designee, or any enforcement officer authorized under this Code to enforce the provisions of this Chapter.
Unlicensed Taxicab shall mean any taxicab operating on the public streets of the City that does not have a valid permit required under Section 4-32.17 or 4-32.27 of this Code.
Waiting time shall mean the time when a taxicab is not in motion from the time of acceptance of passengers to the time of discharge, but does not include any time that the taxicab is not in motion if due to any cause other than the request, act or fault of a passenger. (Code 1972 §31-14; Ord. #1637, §1)
4-32.2 Proof of Financial Responsibility.
Holders shall be required to file with the City Council and thereafter keep in full force and effect, proof of compliance with Section 16500 of the State Vehicle Code. The holder shall file an endorsement of the proof of compliance with the City Clerk, wherein it is provided that the insurance policy or other security shall not be canceled by the insurer or at the request of the insured until the City shall have notice in writing at least ten (10) days immediately prior to the time when such cancellation shall become effective. Notice of such cancellation shall be addressed to the City Clerk at City Hall. (Code 1972 §31-15)
4-32.3 Required Service.
a. Scope. Each person engaged in the taxicab business in the City operating under the provisions of this section shall render an overall service to the public desiring to use taxicabs.
b. All Calls For Service To Be Answered: Holders of permits issued pursuant to this section shall answer all calls received by them for service inside the city as soon as they can do so and, if services cannot be rendered within a reasonable time, they shall then notify the prospective passengers how long it will be before the call can be answered and give the reason therefor. (Code 1972 §§31-16, 31-17)
4-32.4 Refusal To Provide Required Service, Violation; Revocation Of Permit:
Any holder of a permit issued pursuant to this section who shall refuse to accept a call anywhere in the city at any time when the holder has available cabs or who shall fail or refuse to give overall service, shall be deemed a violator of this section and the permit granted to the holder shall be revoked at the discretion of the traffic authority. (Code 1972 §31-18)
4-32.5 Continuous Operation Of Authorized Taxicabs:
The holder shall use or operate continuously the number of taxicabs authorized by his permit issued pursuant to this section for the purpose of transporting individuals for hire upon trips originating within the city. (Code 1972 §31-19)
4-32.6 Manifests:
a. Every driver subject to this section shall maintain a daily manifest upon which are recorded all trips made each day, showing time and place of origin and destination of each trip and amount of fare and all completed manifests shall be returned to the owner of the taxicab by the driver at the conclusion of his tour of duty.
b. The forms for each manifest shall be furnished to the driver by the owner of the taxicab and shall be of a character approved by the traffic authority.
c. Each holder of a permit issued pursuant to this section shall retain and preserve all drivers’ manifests in a safe place for at least the next calendar year following the current calendar year, and the manifests shall be available to the traffic authority. (Code 1972 §31-20)
4-32.7 Cruising:
No driver subject to this section shall cruise in search of passengers except in such areas and at such times as shall be designated by the traffic authority. Cruising areas and times shall only be designated when the traffic authority finds that taxicab cruising would not congest traffic or be dangerous to pedestrians and other vehicles. (Code 1972 §31-21)
4-32.8 Additional Passengers:
No driver subject to this section shall permit any person other than the person first employing the taxicab to occupy or ride in the taxicab unless the person first employing the taxicab shall consent to the acceptance of additional passengers. (Code 1972 §31-22)
4-32.9 Drivers Not To Sell Intoxicating Liquors Or Solicit For House Of Ill Repute:
It shall be unlawful for any driver subject to this section to engage in selling intoxicating liquors or solicit business for any house of ill repute. (Code 1972 §31-23)
4-32.10 Operation From Place Other Than Authorized Stand Or Garage:
It shall be unlawful for any taxicab to be operated from any place in the city except a stand authorized by the city council or traffic authority in accordance with this section or chapter 7 of this code or from a private or public garage or parking space on private property. (Code 1972 §31-24)
4-32.11 Operation By Females:
(Rep. by Ord. #1436, §1)
4-32.12 Operation By Person Other Than Owner Or Employee:
(Rep. by Ord. #1508, §1)
4-32.13 Agreement Between Owner And Driver For Lease Of Taxicab Prohibited:
(Rep. by Ord. #1508, §2)
4-32.14 Soliciting Patronage:
It shall be unlawful for the owner, driver or other employee or agent of a taxicab to solicit patronage of persons assembled at the scheduled stop of any common carrier or at intermediate points along any established route of such a carrier or at a stand of another taxicab owner when persons have assembled for the purpose of using the service of a common carrier or vehicle of another owner. However, this subsection shall not be construed to prohibit or interfere with response to any call for a taxicab made by telephone or by signal from a pedestrian. (Code 1972 §31-28)
4-32.15 Provisions Of This Section To Be In Lieu Of Other Licensing Provisions:
All persons who shall come within the purview of and are subject to the terms of this section shall be excepted from this chapter. (Code 1972 §31-29)
4-32.16 Appeals From Administrative Determinations:
a. Within thirty (30) days after the rejection of an application for a driver’s license pursuant to this section or the decision of the traffic authority prescribing new or different rates for the use of taxicabs, the applicant, permittee or licensee may file a written appeal with the City Clerk stating in detail the reasons why the application for a driver’s license should be granted or why the decision of the Traffic Authority prescribing new or different rates for the use of taxicabs should be revoked notwithstanding the action of the Traffic Authority to the contrary.
b. Within twenty-four (24) hours of the receipt of the written appeal, provided for by paragraph a., the City Clerk shall advise the Traffic Authority of the appeal and within the same period will fix a date and time for the hearing of the appeal by the Council and notify the applicant, permittee or licensee and the Traffic Authority thereof by registered mail, which date must not be more than ten (10) days from the date the appeal is filed with the City Clerk.
c. Upon receipt of notice that an appeal has been filed, the Traffic Authority shall furnish the Council with a written report of the reasons for the rejection of the driver’s license. The filing of his written report based upon his investigation of the complaint that the rates being presently charged are excessive in accordance with this section shall be deemed sufficient compliance with this subsection insofar as an appeal from the decision of the Traffic Authority fixing new or different rates is concerned.
d. The Council shall deny the appeal and affirm the decision of the Traffic Authority if it finds the applicant has failed to comply with any of the provisions of this section or the laws of the United States or of the State, the violations of which reflect unfavorably on the fitness of the permittee or licensee to offer public transportation.
e. The decision of the Council shall be final.
(Code 1972 §31-30)
PART A. OWNERS’ PERMITS
4-32.17 Permit Required; Issuing Authority.
No person shall operate or permit a taxicab owned or controlled by him to be operated as a vehicle for hire upon the streets of the City without having first obtained a permit from the Council if it is an original application, or from the Traffic Authority if it be an application for the renewal of a permit. (Code 1972 §31-36)
4-32.18 Application.
An application for a permit required by this section shall be filed with the City Clerk upon forms provided by the City, containing such information as may be provided by the rules and regulations of the Traffic Authority or the council pertinent to the operation of the taxicab business and as to the character and quality of the service; the application shall be verified under oath. (Code 1972 §31-37)
4-32.19 Prerequisites to Issuance.
No permit shall be issued under Part A until the following minimum conditions are complied with:
a. The applicant has not been convicted of a felony or of a crime involving moral turpitude or of reckless driving or driving while under the influence of intoxicating liquor.
b. The applicant is a citizen of the United States or one who has regularly declared his intention to become a citizen and is more than twenty-one (21) years of age.
c. The applicant has complied with all the provisions of this section including satisfactory evidence that the minimum requirements for liability insurance required by this section have been met; however, if the applicant produces evidence satisfactory to the Council that the liability insurance required by this section will be procured prior to the actual commencement of operations, then the permit may be issued conditioned upon its becoming effective at such time as the requirements of this section relating to liability insurance are met. (Code 1972 §31-38)
4-32.20 Permits Held Prior to Adoption of Section.
The establishment of the public convenience and necessity shall not be necessary for granting the same number of permits held by the applicant under the same name and color scheme on the date preceded by this section for the expiration of permits and the permit shall be classified as a renewal, and the applicant shall be guaranteed a permit provided he complies with Part A pertaining to renewal of permits. (Code 1972 §31-39)
4-32.21 Action on Applications for Original Permits.
a. Upon the filing of an application for an original permit to be issued pursuant to Part A the Council shall fix a time and place for a public hearing thereon. Notice of the hearing shall be given to the applicant and to all persons to whom permits have heretofore been issued. Due notice shall also be given to the general public by posting a notice of such hearing in the lobby of the City Hall. Any interested person may file with the City Clerk a memorandum in support of or in opposition to the issuance of a permit.
b. Upon receipt of an application for an original permit to be issued pursuant to Part A the City Clerk shall refer the application to the Traffic Authority who shall investigate and report in writing to the Council before the time set by the City Clerk for the hearing upon the application, upon the following matters:
1. The public demand and need for the additional taxicab service.
2. The financial responsibility and experience of the applicant.
3. The character and fitness of the applicant.
4. The adequacy of the existing service.
5. The mechanical condition, the safety, the cleanliness and appearance of the vehicle and the equipment to be used in the operations.
c. If the Council finds that further taxicab service in the City is required by the public convenience and necessity and that the applicant is fit, willing and able to perform such public service transportation and to conform to the provisions of this section and the rules promulgated by the Traffic Authority, then the Council shall issue a permit stating the name and address of the applicant, the number of vehicles authorized under the permit and the date of issuance; otherwise the permit shall be denied.
(Code 1972 §31-40)
4-32.22 Action on Application for a Renewal of Permit.
a. Subsection 4-32.21 shall not apply to any renewal permits and unless the applicant has violated any of the provisions of this section, the laws of the State or of the United States, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation, the Traffic Authority shall, upon the payment of the fees prescribed by this section, issue a renewal permit for one (1) year only.
b. In the event the application for a renewal permit is denied, the applicant shall have the right of appeal to the Council as provided within the section for appeals from administrative determinations.
(Code 1972 §31-41)
4-32.23 Annual Fee.
No permit required by this section shall be issued or continued in operation unless the holder has paid an annual license fee in an amount established by resolution of the City Council for the right to engage in a taxicab business, plus an additional fee established by resolution of the City Council for each year for each vehicle operated under the permit. The fee shall be for the calendar year and shall be in addition to any other license fees or charges established by proper authority and applicable to the holder or the vehicle under his operation and control; however, the applicant for any permit under Part A shall be credited on the permit fee with the prorated balance of any business license fee paid by the applicant for the operation of taxicabs pursuant to any other provision of this Code. (Code 1972 §31-42; Ord. #1140, §36)
4-32.24 Duration of Permits; Expiration Date.
All permits issued under the provisions of Part A shall be for a period not to exceed one (1) year, and all such permits shall expire upon the last day of the year for which they are issued. (Code 1972 §31-43)
4-32.25 Transferability.
No permit issued pursuant to Part A may be sold, assigned, mortgaged or otherwise transferred without the consent of the council. (Code 1972, §31-44)
4-32.26 Suspension or Revocation.
a. A permit issued under Part A may be revoked or suspended by the Council if the holder has violated this section nor the rules and regulations of the Traffic Authority or the Council, or has violated any provisions of this Code or other ordinances of the City or the laws of the United States or the State, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation.
b. Before the suspension or revocation of a permit issued pursuant to Part A, the holder shall be entitled to a hearing before the Council and shall be notified thereof.
c. Notice of the hearing on suspension or revocation provided for in paragraph b. shall be in writing and shall be served at least ten (10) days prior to the date of the hearing. Service of the notice shall be upon the holder of the permit or his manager or agent. The notice shall state the grounds of complaint against the holder and shall also state the time when and the place where, the hearing will be held. In the event the holder cannot be found or service of the notice cannot be made upon him in the manner provided in this paragraph, a copy of the notice shall be mailed, postage fully prepaid, addressed to the holder of the permit at his last known address at least ten (10) days prior to the date of the hearing. (Code 1972 §31-45)
PART B. DRIVERS’ PERMITS2
4-32.27 Permit Required.
No person shall operate a taxicab for hire upon the streets of the City and no person who owns or controls a taxicab shall permit it to be so driven, and no taxicab licensed by the City shall be so driven at any time for hire, unless the driver of the taxicab shall have first obtained and shall have then in force a taxicab driver’s permit issued under the provisions of Part B. (Code 1972 §31-51)
4-32.28 Application.
An application for a permit required by Part B shall be filed with the Traffic Authority on forms provided by the City, which application shall be verified under oath and shall contain the following information:
a. The names and addresses of four (4) residents of the State who have known the applicant for a period of two (2) years and who will vouch for the sobriety, honesty and general good character of the applicant.
b. The experience of the applicant in the transportation of passengers.
c. The educational background of the applicant.
d. A concise history of the applicant’s employment.
e. Evidence of compliance with a controlled substance and alcohol testing certification program. That certification program, and compliance with it, must meet the following requirements:
1. The applicant must test negative for each of the controlled substances specified in part 40 (commencing with section 40.1) of title 49 of the Code of Federal Regulations, before employment. (For purposes of this subsection e, “employment” includes self-employment as an independent driver.) Taxicab drivers must also test negative for these controlled substances and for alcohol as a condition of permit renewal. As used in this subsection e1, a negative test for alcohol means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.
2. Procedures of the certification program must be substantially as in part 40 (commencing with section 40.1) of title 49 of the Code of Federal Regulations, except that the driver must show a valid California driver’s license at the time and place of testing. Requirements for rehabilitation and for return-to-duty and followup testing and other requirements must be substantially as in part 382 (commencing with section 382.101) of title 49 of the Code of Federal Regulations.
3. A test conducted in another California jurisdiction will be accepted as meeting the testing requirement of the City. Any negative test result will be accepted for one year as meeting a requirement for periodic permit renewal testing in the City if the driver has not tested positive subsequent to a negative result. However, an earlier negative result will not be accepted as meeting the preemployment testing requirement for any subsequent employment, or any testing requirements under the program other than periodic testing.
4. If the permitted owner of the taxicab or taxicabs is an employer, and the applicant for a driver’s permit is an employee or prospective employee, then the following additional requirements are applicable:
(a) The test results must be reported directly to the permitted owner that is the employer, or prospective employer, of the applicant for a driver’s permit. The permitted owner is required to notify the City of positive results with regard to any employee, or prospective employee, who is an applicant for a driver’s permit or who seeks to renew a driver’s permit.
(b) Permitted owners that employ taxicab drivers are responsible for compliance with, and must pay all costs of, this program with respect to their employees and prospective employees, except that a permitted owner may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and followup testing.
(c) The permitted owner must notify the City upon termination of employment of a permitted taxicab driver. Upon termination, the driver’s permit will become void, and the taxicab driver must return the permit to the City.
5. In the case of a self-employed independent driver, the following additional requirements are applicable:
(a) Self-employed independent drivers are responsible for compliance with, and must pay all costs of, this program with regard to themselves.
(b) The test results must be reported directly to the City, and the City must then notify the taxicab leasing company of record, if any, of positive results.
(c) Upon the request of a driver applying for a permit, the City will give the driver a list of the consortia certified pursuant to part 382 (commencing with section 382.101) of title 49 of the Code of Federal Regulations that are known to offer tests in or near the City.
6. All test results are confidential and may not be released without the consent of the driver, except as authorized or required by law.
7. No evidence derived from a positive test result pursuant to the program will be admissible in a criminal prosecution concerning unlawful possession, sale, or distribution of controlled substances.
8. The City, by resolution, may levy service charges, fees, or assessments in an amount sufficient to pay for the costs of implementing and administering the procedures specified in this subsection e, which are mandated by California Government Code section 53075.5. (Code 1972 §31-52; Ord. #1434, §1)
4-32.29 Persons Eligible For Permit:
The applicant for a permit required by Part B must meet the minimum conditions specified by subsection 4-32.19a for owners of taxicabs and, in addition thereto, shall have a current chauffeur’s license issued by the State. (Code 1972 §31-53)
4-32.30 Examination Of Applicant As To Knowledge Of The City:
Before any application for a permit required by Part B is finally passed upon by the Traffic Authority, the applicant shall be required to pass a satisfactory examination as to his knowledge of the City. (Code 1972 §31-54)
4-32.31 Investigation Of Applicant:
The Traffic Authority shall conduct an investigation of each applicant for a permit required by Part B and a report of the investigation and a copy of the traffic and police record of the applicant, if any, shall be attached to the application. (Code 1972 §31-55)
4-32.32 Fee:
The initial and renewal fee for a permit required by Part B shall be in an amount established by resolution of the City Council. (Code 1972 §31-56; Ord. #1140, §37)
4-32.33 Action On Application:
The Traffic Authority, shall upon his consideration and upon the reports and certificate required to be attached to the application for a permit required by Part B, approve or reject the application. In case the application is denied, the applicant may appeal in writing to the City Clerk as provided in this Section for appeals from administrative determinations. (Code 1972 §31-57)
4-32.34 Issuance Of Permit:
Upon approval of an application for a permit required by this Part B, the Traffic Authority will issue a permit to the applicant. The permit must contain the name, address, age, signature, and photograph of the permittee, and, if applicable, the name of the permittee’s employer. (Code 1972 §31-58; Ord. #1434, §2)
4-32.35 Duration:
A driver’s permit issued by the Traffic Authority is effective for the entire calendar year within which it is issued. The permit may thereafter be renewed on a calendar year basis upon payment of the applicable renewal fee and compliance with the controlled substance and alcohol testing certification program as specified in subsection 4-32.28e. (Code 1972 §31-59; Ord. #1434, §3)
4-32.36 Display Of License:
Each driver issued a permit under Part B shall post his permit in such a place as to be in full view of all passengers while he is operating a taxicab. (Code 1972 §31-60)
4-32.37 Suspension Or Revocation:
a. A permit issued under Part B may be revoked or suspended by the City Council if the driver has violated this Chapter or the rules and regulations of the Traffic Authority or the City Council, or has violated any provisions of this Code or other ordinances of the City or the laws of the United States or the State, the violations of which reflect unfavorably on the fitness of the driver to offer public transportation.
b. Before the suspension or revocation of a permit issued pursuant to Part B, the driver shall be entitled to a hearing before the City Council and shall be notified.
c. Notice of the hearing on a proposed suspension or revocation provided for in subsection b above shall be in writing and shall be served at least ten (10) days prior to the date of the hearing. Service of the notice shall be upon the driver or his manager or agent. The notice shall state the grounds of complaint against the driver and shall also state the time when and the place where the hearing will be held. In the event the driver cannot be found or service of the notice cannot be made upon him in the manner herein provided, a copy of the notice shall be mailed, postage fully prepaid, addressed to the driver at his last known address at least ten (10) days prior to the date of the hearing. (Code 1972 §31-61)
PART C. FARES
4-32.38 Rate Card To Be Filed With The Traffic Authority:
The holder shall at all times keep on file with the Traffic Authority a rate card showing the rates being presently charged for the use of all taxicabs authorized by his permit issued pursuant to this Section. (Code 1972 §31-67)
4-32.39 Display Of Rate Card:
Each taxicab operated under this Section shall have a rate card setting forth the authorized rates of fare displayed in such a place as to be in view of all passengers. (Code 1972 §31-68)
4-32.40 Investigation Of Rates And Report; Preparation Of New Or Different Rate Schedule:
Upon the filing of a complaint by or with the Traffic Authority that the fares being presently charged are excessive, the Traffic Authority shall conduct an investigation and, if in his opinion based upon his investigation the whole schedule of rates, or a single rate of fare being charged is excessive, he shall within his reasonable discretion prescribe new or different rates for the use of the taxicabs. In determining the rate he shall take into consideration the following factors among others:
a. The rates being presently charged by owners and operators of taxicabs in cities and other political subdivisions of a like area, population and general nature, and what constitutes a fair and reasonable return to the holder upon his capital investment.
b. In arriving at the fair and reasonable return, the Traffic Authority may call upon the City Treasurer, the City Clerk and the City Manager for such assistance as he shall require.
c. The Traffic Authority shall prepare a report based upon his investigation, and the report shall be appended to the new or different rate schedule prepared by the Traffic Authority. (Code 1972 §31-69)
4-32.41 Appeal From Action Of Traffic Authority Setting New Or Different Rates:
a. The new or different rates as prescribed by the Traffic Authority pursuant to Part C shall not become effective until after the expiration of the time necessary to perfect an appeal to the Council pursuant to the provisions of this Section for appeals from administrative determinations. If an appeal is perfected, the decision of the Traffic Authority prescribing the new or different rates shall be automatically stayed pending the appeal.
b. In the event the holder shall appeal from the decision of the Traffic Authority as prescribed in the provisions of this Section for appeals from administrative determinations, the investigative report specified in Subsection 4-32.40 shall become a part of the record on appeal and shall be deemed the findings of the Traffic Authority upon which his decision is based. (Code 1972 §31-70)
4-32.42 The Council May Investigate Rates And Establish New Rate Schedule:
The Council shall have the power upon a hearing upon its own motion, or upon complaint, to investigate a single rate of fare or the entire schedule or rates in effect, charged, demanded or collected for taxicab services and to establish a new rate or schedule of rates in lieu thereof. The decision of the Council shall be final. (Code 1972 §31-71)
4-32.43 Rates Which Will Violate Minimum Or Maximum Rate:
Nothing contained in Part C shall be construed to empower the Council to approve or establish any rate or any schedule of rates for taxicab services that will by means of rebate, discount, script books, excursions or commutation tickets or in any other way violate the minimum or maximum rate established pursuant to Part C or any provision of law. (Code 1972 §31-72)
4-32.44 Unlawful Refusal Of Passenger To Pay Fare:
It shall be unlawful for any person to refuse to pay the legal fare of any taxicab after having hired the vehicle, and it shall be unlawful for any person to hire any vehicle subject to this Section with the intent to defraud the person from whom it is hired of the value of such service. (Code 1972 §31-73)
4-32.45 Receipts:
The driver of any taxicab shall upon demand by the passenger render to the passenger a receipt for the amount charged, either by a mechanically printed receipt or by a specially prepared receipt on which shall be the name of the owner, license number or motor number, amount of meter reading or charges and date of transaction. (Code 1972 §31-74)
PART D. VEHICLES
4-32.46 Periodic Inspections:
Each vehicle operating under this Section shall be periodically inspected by the Police Department at such intervals as shall be established by the Traffic Authority to ensure the continued maintenance of safe operating conditions. (Code 1972 §31-80)
4-32.47 Cleanliness:
Each vehicle operating under this Section shall be kept in a clean and sanitary condition according to rules and regulations promulgated by the Traffic Authority. (Code 1972 §31-81)
4-32.48 Markings:
Each taxicab shall bear on the outside of each front or rear door, in painted letters not less than two and one-quarter inches (2 1/4”) in height and of not less than five-sixteenths inch (5/16”) stroke, the name of the owner and, in addition, may bear an identifying design approved by the Traffic Authority. (Code 1972 §31-82)
4-32.49 Conflicting Or Imitating Color Schemes Or Designs Prohibited; Suspension Of Permit:
No vehicle subject to this Section shall be issued a permit pursuant to this Section, which has a color scheme, identifying design, monogram or insignia to be used thereon which shall, in the opinion of the Traffic Authority, conflict with or imitate any color scheme, identifying design, monogram or insignia used on a vehicle already operating under this Section, in such a manner as to be misleading or tend to deceive or defraud the public. If, after a permit has been issued for a taxicab under this Section, the color scheme, identifying design, monogram or insignia thereof is changed so as to be, in the opinion of the Traffic Authority, in conflict with or imitate any color scheme, identifying design, monogram or insignia used by any other person, in such a manner as to be misleading or tend to deceive the public, the permit issued pursuant to this Section shall be suspended. (Code 1972 §31-83)
4-32.50 Taximeters:
a. Each taxicab operated under this Section shall be equipped with a taximeter fastened in front of the passengers and visible to them at all times of day and night. After sundown, the face of the taximeter shall be illuminated. The taximeter shall be operated mechanically by a mechanism of standard design and construction driven either from the transmission or from one of the front wheels by a flexible and permanently attached driving mechanism.
b. Taximeters shall be sealed at all points and connections which, if manipulated, would affect their correct reading and recording. Each taximeter shall have thereon a flag to denote when the vehicle is employed and when it is not employed; and it shall be the duty of the driver to throw the flag of the taximeter into a nonrecording position at the termination of each trip.
c. The taximeter shall be subject to inspection from time to time by the Police Department. Any inspector or other officer of the Department is hereby authorized either on complaint of any person or without such complaint to inspect any taximeter and, upon discovery of any inaccuracy therein, to notify the person operating the taxicab to cease operation. Thereupon the taxicab shall be kept off the highways until the taximeter is repaired and in the required working condition. (Code 1972 §31-84)
PART E. STREET STANDS3
4-32.51 Street Stand Permit Required:
No person shall stand or park a taxicab on a street along a curb while awaiting employment without first obtaining a permit from the Traffic Authority. (Code 1972 §31-90)
4-32.52 Annual Permit Fee; Prerequisite To Issuance Of Permit:
Conditioned on the annual payment of a fee in the amount established by resolution of the City Council for each street stand, permits required by Part E may be issued to the owners of taxicabs. Application for a permit required by Part E shall be made to the Traffic Authority which shows the location of the proposed stand and shall be accompanied by a letter of consent of the property owner in front of whose property the stand shall be located. A telephone for each such stand shall be installed on the building or at the curb and not more than one stand shall be permitted in any one block and that such stand shall not occupy more than twenty two feet (22') of parking space. (Code 1972 §31-91; Ord. #1140, §38)
4-32.53 Duration Of Permit; Grant Of Permit After Cancellation:
All permits issued pursuant to Part E shall remain in full force and effect until they shall be canceled either on the request of the permittee or the person who gave written consent to use the stand by notifying the Traffic Authority that the permission has been withdrawn. If the Traffic Authority has canceled a permit for a stand after having been notified that the consent to use the stand has been withdrawn, the Traffic Authority shall not grant a permit for a stand so canceled for a period of six (6) months from the date of cancellation. (Code 1972 §31-92)
4-32.54 Designation Of Zone:
When a permit required by Part E has been approved by the Traffic Authority, the Traffic Authority is authorized to designate the zone by painting the curb white along the zone, and painting in black letters thereon “NO PARKING-TAXI ONLY”. Such zones shall be used exclusively for waiting and loading zones for taxicabs. (Code 1972 §31-93)
4-32.55 Vehicles To Be Attended:
It shall be unlawful for the owner or driver of any taxicab to leave the taxicab unattended at a stand for a period of time longer than three (3) minutes. (Code 1972 §31-94)
PART F. UNLICENSED TAXICABS
4-32.56 Violation; Penalty.
It is unlawful for any person or entity to operate a taxicab without a valid taxicab permit, license, or certificate issued under Section 4-32. Any person violating this Section is guilty of a misdemeanor unless the Traffic Authority charges the offense as an infraction. Whenever the Traffic Authority determines that a violation of this Section has occurred, the Traffic Authority may impose any combination of administrative, civil, and criminal penalties allowed under this Code. (Ord. #1637, §2)
4-32.57 Issuance and Service of Citations.
a. Whenever the Traffic Authority determines that a provision of this Chapter has been violated, the Traffic Authority is authorized to pursue administrative fines pursuant to this Section. A fine shall be assessed by means of an administrative citation issued by the Traffic Authority and shall be payable directly to the City of Lynwood. The citation shall state all of the following information:
1. Date, approximate time, vehicle information, and address or detailed description of the location where the violation(s) occurred;
2. An amount of the administrative fine not to exceed one thousand dollars ($1,000.00) and explanation of how the fine shall be paid and the time period by which it shall be paid;
3. The code sections or conditions violated and a description of the violation(s);
4. An order to the responsible person to correct the violations within the time specified in this chapter, if applicable, and an explanation of the consequences of failure to correct the violation(s);
5. An order prohibiting the continuation or repeated occurrence of the violation described in the administrative citation;
6. A notification that payment of the fine does not excuse or discharge the failure to correct the violation and does not bar further enforcement action by the City;
7. A statement that if the fine is not timely paid, a late payment penalty of twenty five percent (25%) of the amount of the fine will be added to the fine;
8. Identification of rights of appeal pursuant to Chapter 20 of this Code, including the time within which the citation may be contested and the place to obtain a request for hearing form to contest the administrative citation; and
9. The name and signature of the Traffic Authority officer, the name and address of the responsible person, and, if possible, the signature of the responsible person.
b. Administrative fines imposed for violations of this Section shall be consistent with Chapter 20 of this Code. To the extent the provisions of this Section conflict with Chapter 20 of this Code, the provisions of this Chapter shall prevail. The penalties and methods of enforcement set forth in this Section are in addition to any other penalties or methods of enforcement authorized by law.
c. Failure of the person or entity cited to follow the procedures set forth herein shall constitute a failure to exhaust administrative remedies and shall preclude the person or entity cited from asserting standing for judicial review of the validity of the citation.
d. Any person aggrieved by the action of a hearing officer taken pursuant to Chapter 20 may obtain review of the administrative decision by filing a petition for review in accordance with the timelines and provisions set forth in California Government Code Section 53069.4. (Ord. #1637, §2)
4-32.58 Immediate Impoundment (Without a Warrant) of Unlicensed Taxicabs.
a. Impoundment. Any person authorized by the Traffic Authority to cite any person or entity for operating a taxicab without a valid taxicab permit, license, or certificate, in violation of Section 4-32, may, upon issuance of a criminal citation, immediately impound and retain possession of any vehicle used as an unlicensed taxicab.
b. Notice. If the person from whom the vehicle is seized is not the registered owner of the vehicle, the impounding authority shall immediately give notice to the owner by certified first class mail, return receipt requested.
c. Return of the Vehicle. The vehicle shall be returned to the registered owner of the vehicle upon one of the following conditions:
1. Payment of any fine ordered by the court and the impounding agency; or
2. The violation is not prosecuted or is dismissed, the person is found not guilty of the offense, or it is found that the vehicle was used without the knowledge and consent of the registered owner of the vehicle.
If the vehicle is returned pursuant to this subsection (2), the vehicle shall be returned without any cost to the owner.
d. Motion to Court for Return of Vehicle. At any time, a person may move the court for the immediate return of the vehicle on the ground that there was no probable cause to seize and impound said vehicle, or that there is some other good cause, as determined by the court, for the return of the vehicle. A proceeding under this subsection (d) is a proceeding in a limited civil case.
e. Unclaimed Vehicle. If, after the expiration of six weeks from the final disposition of the criminal case, the vehicle is not returned or claimed, the City shall deem the vehicle as lost or abandoned property under Section 1411 of the Penal Code.
f. The Traffic Authority shall not impound any vehicle owned or operated by a nonprofit organization exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code which serves youth or senior citizens and provides transportation incidental to its programs or services. (Ord. #1637, §2)
4-32.59 Immediate Impoundment (With a Warrant) of Unlicensed Taxicabs.
a. Warrant. Any person authorized by the Traffic Authority to cite any person or entity for operating a taxicab without a valid taxicab permit, license, or certificate, may present an affidavit to a court magistrate establishing reasonable cause that a vehicle (including vehicle type and license number) is being operated as an unlicensed taxicab in violation of Section 4-32.
b. Impoundment. Upon the issuance of a warrant by the court magistrate pursuant to subsection (a) above, which warrant shall be entered into a computerized database, the Traffic Authority may, upon seeing the vehicle within the City, immediately impound and retain possession of the vehicle for up to thirty (30) days.
c. Notice. Within two (2) business days of impoundment, the City shall send notice by certified first class mail, return receipt requested, to the legal and registered owner of the vehicle, informing the owner(s) that the vehicle has been impounded and providing a copy of the warrant or court order. Failure to provide notice as stated herein shall prohibit the City from charging for more than fifteen (15) days’ impoundment when a legal owner claims the impounded vehicle.
d. Post-seizure Hearing. A registered or legal owner, or authorized agent thereof, shall, upon request, be provided a post-seizure hearing before the court magistrate issuing the warrant to determine the validity of the impoundment.
1. Notice shall be mailed or personally delivered to the registered and legal owners within 48 hours after issuance of the warrant or court order, excluding weekends and holidays, by the person or agency executing the warrant or court order, and shall include all of the following information:
A. The name, address, and telephone number of the City;
B. The location of the place of storage and a description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage of the vehicle;
C. A copy of the warrant or court order and the affidavit, as described, in subsection (a) above; and
D. A statement that, in order to receive the post-seizure hearing, the owners, or their agents, are required to request the hearing from the court magistrate issuing the warrant or court order in person, in writing, or by telephone, within 10 days of the date of the notice.
2. Failure of either the registered or legal owner, or his or her agent, to request, or to attend, a scheduled hearing satisfies the post-seizure hearing requirement.
3. The City shall be responsible for the costs incurred for towing and storage of the vehicle if it is determined in the post-seizure hearing that reasonable grounds for the impoundment are not established.
e. Costs. Notwithstanding any other provision in this Section, the registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized under Section 22850.5 of the California Vehicle Code incurred by the registered owner.
f. Release of Vehicle to Registered Owner Prior to End of Impoundment Period. The City shall release a vehicle to the registered owner or his or her agent prior to the end of the impoundment period and without the permission of the court magistrate authorizing the vehicle’s seizure under any of the following circumstances:
1. When the vehicle is a stolen vehicle.
2. When the vehicle was seized under this Section 4-32.59 for an offense that does not authorize the seizure of the vehicle.
A vehicle may not be released under this subsection (f), except upon presentation of the registered owner’s or agent’s currently valid permit, license, or certificate issued under Section 4-32.17 or 4-32.27 and proof of current vehicle registration, or upon order of the court.
g. Release of Vehicle to Legal Owner Prior to End of Impoundment Period. A vehicle removed and seized under subdivision (a) shall be released to the legal owner of the vehicle or the legal owner’s agent prior to the end of the impoundment period and without the permission of the court magistrate authorizing the impoundment of the vehicle if all of the following conditions are met:
1. The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state or is another person, not the registered owner, holding a security interest in the vehicle.
2. The legal owner or the legal owner’s agent pays all towing and storage fees related to the impoundment of the vehicle. A lien sale processing fee shall not be charged to the legal owner who redeems the vehicle prior to the 15th day of impoundment. No administrative charges authorized under Section 22850.5 of the California Vehicle Code shall be charged to the legal owner or its agents unless the legal owner voluntarily requested a post-seizure hearing.
3. The legal owner or the legal owner’s agent presents to both the City and the person or entity in possession of the impounded vehicle, or any person acting on behalf of those agencies, a copy of the assignment, as defined in subdivision (b) of Section 7500.1 of the California Business and Professions Code; a release from the one responsible governmental agency; a government-issued photographic identification card; and any one of the following as determined by the legal owner or the legal owner’s agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. No other documents shall be required to be presented. The documents may be originals, photocopies, or facsimile copies, or may be transmitted electronically, and shall not be required to be notarized.
The legal owner does not have to request a post-seizure hearing for the release of the vehicle prior to the end of the impoundment period. (Ord. #1637, §2)
State law reference: Commercial passenger vehicles, Vehicle Code, §16500.
State law references: Authority to license taxicab drivers, Vehicle Code, §§16501, 21100.
See Vehicle Code §21112.