Chapter 5.12
TAXICABS – FOR-HIRE VEHICLES
Sections:
5.12.015 Compliance with program.
5.12.020 Driver’s permit required.
5.12.030 Taxicab vehicle permit required.
5.12.040 Company permit required.
5.12.050 Application for permits.
5.12.060 Testing for controlled substances and alcohol.
5.12.090 Mechanical condition.
5.12.100 Operational requirements.
5.12.110 Separate from business licensing.
5.12.120 Enforcement and penalty provisions.
Prior legislation: Ords. 547 and 968.
5.12.010 Definitions.
For the purpose of this chapter, the words and phrases defined in this section shall be construed in accordance with the following definitions:
“City” means the City of Sausalito.
“Company” means any entity operating a taxicab business, including, without limitation, a natural person, firm, association, organization, partnership, business, trust, corporation, or public entity.
“Company permit” means a valid permit issued by the JPA authorizing a company to operate a taxicab business.
“Driver” means a person who drives or controls the movements of a taxicab.
“Driver’s permit” means a valid permit issued by the JPA authorizing a person to drive or control the movements of a taxicab.
“JPA” means the Marin General Services Authority or successor entity.
“Operate a taxicab” means to drive a taxicab and either solicit or pick up passengers for hire in the City.
“Program” means the Marin General Services Authority taxicab regulation program adopted and administered by the JPA.
“Solicit” means any means utilized to contact prospective passengers either by the taxi driver or a colleague of the taxi driver. “Solicit” includes without limitation approaching, hailing, holding a sign or loitering in a manner that suggests that they are available for hire. “Solicit” does not include the use of a mobile software program such as Flywheel.
“Taxicab” means a motor vehicle regularly engaged in the business of carrying passengers for hire, designed for carrying not more than eight persons, excluding the driver.
“Taxicab stand” means the curb parking area on a public street officially designated by the Chief of Police or his designee for the standing or parking of taxicabs while awaiting hire.
“Vehicle permit” means a valid permit issued by the JPA authorizing a particular vehicle to be operated as a taxicab. [Ord. 1262 § 1, 2018; Ord. 1252 § 1 (Exh. A), 2018; Ord. 1175 § 1, 2005; Ord. 1081 § 1, 1992; Ord. 1028 § 1, 1986.]
5.12.015 Compliance with program.*
No driver or company shall operate or cause the operation of a taxicab in the City unless such operation complies with the terms and requirements of the program. [Ord. 1252 § 1 (Exh. A), 2018; Ord. 1175 § 1, 2005.]
* Code reviser’s note: Ordinance No. 1175 added this section as Section 5.12.010. It has been editorially renumbered to avoid duplication.
5.12.020 Driver’s permit required.
A person shall only operate a taxicab in the City if that person possesses a driver’s permit. A company shall only allow a driver to operate a taxicab if that driver possesses a driver’s permit. [Ord. 1252 § 1 (Exh. A), 2018; Ord. 1175 § 1, 2005; Ord. 1081 § 1, 1992; Ord. 1028 § 1, 1986; Ord. 395 § 1, 1947.]
5.12.030 Taxicab vehicle permit required.
A driver shall only operate a taxicab in the City if that vehicle displays a vehicle permit. A company shall only allow a taxicab to be operated in the City on its behalf if that vehicle displays a vehicle permit. [Ord. 1252 § 1 (Exh. A), 2018; Ord. 1175 § 1, 2005.]
5.12.040 Company permit required.
A company shall only operate a taxicab business in the City if that company possesses a company permit. [Ord. 1252 § 1 (Exh. A), 2018; Ord. 1175 § 1, 2005.]
5.12.050 Application for permits.
Application for a driver’s permit, vehicle permit and/or company permit shall be made to the JPA, upon a form provided by the JPA, and shall be accompanied by an application fee sufficient to cover the administrative costs of processing such application as established by the JPA. [Ord. 1252 § 1 (Exh. A), 2018; Ord. 1175 § 1, 2005; Ord. 1081 § 1, 1992; Ord. 1028 § 1, 1986; Ord. 633 § 1, 1964; Ord. 626 § 1, 1963; Ord. 395 § 2, 1947.]
5.12.060 Testing for controlled substances and alcohol.
A driver shall test negative for controlled substances and alcohol as required by the program and any and all applicable State statutes. [Ord. 1252 § 1 (Exh. A), 2018; Ord. 1175 § 1, 2005.]
5.12.070 Insurance required.
A driver operating a taxicab in the City shall carry with him/her at all times proof of insurance covering that vehicle, with such policy limits and coverage as established by the JPA. The proof of insurance must clearly identify the vehicle covered. [Ord. 1252 § 1 (Exh. A), 2018; Ord. 1175 § 1, 2005; Ord. 1081 § 1, 1992; Ord. 1028 § 1, 1986; Ord. 705 § 1, 1968; Ord. 446 § 3, 1952; Ord. 395 § 11, 1947.]
5.12.080 Equipment.
A taxicab operated under the authority of this chapter shall be equipped according to the standards established by the JPA. [Ord. 1252 § 1 (Exh. A), 2018; Ord. 1175 § 1, 2005.]
5.12.090 Mechanical condition.
A taxicab operated under the authority of this chapter shall be maintained according to the standards established by the JPA. [Ord. 1252 § 1 (Exh. A), 2018; Ord. 1175 § 1, 2005.]
5.12.100 Operational requirements.
A. A driver shall only carry a passenger to his/her destination by the most direct and accessible route.
B. A taxicab shall have all permits issued by the JPA conspicuously displayed according to the standards established by the JPA.
C. A taxicab shall have the following information continuously posted in a prominent location in the taxicab passenger compartment according to the standards established by the JPA:
1. A schedule of rates and charges for the hire of the taxicab, including without limit any surcharge for the transportation of bicycles, number of passengers and/or bridge tolls;
2. The company’s name, address and telephone number;
3. The company permit;
4. The taxicab identification number;
5. The driver’s permit issued by the JPA; and
6. The vehicle permit issued by the JPA.
D. A driver shall give a receipt for the amount charged upon the request of the person paying the fare.
E. A taxicab shall only be operated if the passenger compartment is kept in a clean and sanitary condition free from offensive odors in accordance with the standards established by the JPA.
F. The name or trade name of the company shall be printed, stamped or stenciled conspicuously on the outside of each taxicab according to the standards established by the JPA.
G. A driver while in a taxicab stand shall not leave the taxicab unattended.
H. A driver shall obey all lawful orders, direction and/or signals of an officer of the Sausalito Police Department, parking officer or their agent.
I. A driver shall only solicit passengers from a taxicab that is stopped in a taxicab stand or parked in a taxicab stand and then only from the driver’s seat or while standing immediately adjacent to the taxicab. In addition, only the “first-up” driver may solicit passengers. A driver may not solicit passengers from another taxicab in line. A driver shall not use any other person to solicit passengers. A driver shall not solicit using a loud or boisterous voice.
J. A driver shall not refuse to transport any person unless the potential passenger is acting in a disorderly or threatening manner, or otherwise causes the driver to reasonably believe that his/her health or safety, or that of others, may be endangered. [Ord. 1262 § 2, 2018; Ord. 1252 § 1 (Exh. A), 2018; Ord. 1175 § 1, 2005; Ord. 1081 § 1, 1992; Ord. 1028 § 1, 1986; Ord. 633 § 3, 1964; Ord. 395 §§ 6, 8, 1947.]
5.12.110 Separate from business licensing.
The requirements of this chapter are separate and independent from the business licensing and any other provisions under the City code. Any company and/or driver operating a taxicab in the City shall obtain a business license to the extent required under the terms of this code. [Ord. 1252 § 1 (Exh. A), 2018; Ord. 1175 § 1, 2005.]
5.12.120 Enforcement and penalty provisions.
The City intends to secure compliance with the provisions of this chapter by any of the following alternate, separate and distinct methods. Each method set forth herein is not intended to be mutually exclusive and does not prevent concurrent or consecutive methods being used to achieve compliance against continuing violations nor does it prevent utilization of any other enforcement mechanisms and/or penalties available by law. Each day a violation exists constitutes a separate offense.
Notwithstanding any other provision of this chapter, each violation of the provisions of this chapter may be enforced alternatively as follows:
A. Infraction. Any person or entity, including without limitation a driver or company, violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter may be prosecuted for an infraction. Written citations for infractions may be issued by police officers or nonsafety employees designated by the City by separate resolution. Any person convicted of an infraction under the provisions of this chapter shall be punished by:
1. A fine not exceeding $100.00 for a first violation;
2. A fine not exceeding $200.00 for a second violation within one year;
3. A fine not exceeding $500.00 for each additional violation within one year.
B. Misdemeanor. Any person or entity, including without limitation a driver or company, violating any of the provisions or failing to comply with any of the mandatory requirements of this chapter may be prosecuted for a misdemeanor. Written citations for misdemeanors may be issued by police officers or by nonsafety employees designated by the City by separate resolution. Any person convicted of a misdemeanor under the provisions of this chapter shall be punished by a fine not exceeding $1,000 or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment.
C. Civil Action. The City Attorney, by and at the request of the City Council, may institute an action in any court of competent jurisdiction to restrain, enjoin or abate the condition(s) found to be in violation of the provisions of this chapter, as provided by law. [Ord. 1252 § 1 (Exh. A), 2018; Ord. 1175 § 1, 2005; Ord. 1081 § 1, 1992; Ord. 1028 § 1, 1986; Ord. 395 § 12, 1947.]