Chapter 4.155
TAXICABS
Sections:
4.155.020 Permit requirements.
4.155.030 Application information and fee.
4.155.040 Investigation, issuance, and renewal of permits.
4.155.050 Taxicab information posted inside and outside of the taxicab.
4.155.060 Vehicle requirements.
4.155.070 Rules and regulations of operation.
4.155.080 Insurance requirements.
4.155.110 Suspension or revocation of permit.
4.155.130 Enforcement of chapter.
4.155.010 Definitions.
For the purposes of this chapter, the following terms, phrases and words shall have the meanings hereinafter set forth:
“Chief of police” means the chief of police for the South Lake Tahoe police department or his or her duly authorized designee.
“Driver” means any person who drives or is in actual physical control of a taxicab.
“For-hire” means any compensation, fare, fee, rental, toll, charge, token, or any other consideration, whether paid or not.
“Substantially located” means the jurisdiction where the primary business address of the company or driver is located, or the jurisdiction in which the total number of prearranged and nonarranged trips that originate within the city’s jurisdiction account for the largest share of the taxicab’s total number of trips over the previous calendar year, as determined annually.
“Taxicab” means a motor vehicle as the term is defined by the California Vehicle Code used for transportation of passengers for-hire, equipped with a taximeter. A taxicab shall be a vehicle designed to transport no more than eight persons, excluding the driver.
“Taxicab company” means the person, business, partnership, association, firm or corporation which is engaged in the taxicab business.
“Taxicab driver permit” means permission issued by the chief of police or his/her designee authorizing the holder thereof to drive a taxicab in the city.
“Taxicab permit” means permission issued by the chief of police authorizing the vehicle thereof to conduct as a taxicab in the city.
“Taximeter” means any instrument or device approved for use under the applicable laws of the state, which mechanically or electronically calculates the charge for the use of a taxicab. The taximeter registers such charge by means of figures, including dollars and cents, calculated by an initial charge and thereafter a charge for distance traveled and/or waiting time. (Ord. 1130 § 2)
4.155.020 Permit requirements.
A. No taxicab company or driver that is substantially located in the city shall operate or permit the operation of a taxicab as a vehicle for-hire within the city of South Lake Tahoe without having obtained from the chief of police a taxicab permit and taxicab driver permit pursuant to the provisions of this chapter.
B. Any taxicab company or driver substantially located and permitted by another city within the county may operate in the city of South Lake Tahoe on a prearranged basis only. That taxicab operator or driver may pick up trips originating through an online enabled application, phone dispatch, or internet website.
C. It shall be unlawful to operate a taxicab without a valid permit to operate issued by each city or county in which a taxicab company is substantially located. (Ord. 1130 § 2)
4.155.030 Application information and fee.
Any person wanting to obtain a permit required by this chapter to operate taxicab services originating in the city of South Lake Tahoe shall make an application to the chief of police and pay a fee as established by resolution of the city council to the city finance department.
The application shall include the following:
A. Taxicab Company.
1. The applicant’s name, home address and business address;
2. Data verifying that the taxicab company is substantially located within the city. This data is to include the business address and trip data showing the total number of prearranged and nonprearranged trips that originate within the city’s jurisdiction and must account for the largest share of the taxicab company’s total number of trips over the previous calendar year;
3. The applicant’s trade name and distinguishing vehicle markings, color or colors;
4. The applicant’s past experience with regard to taxicab services;
5. Whether any license, permit or certificate issued to the applicant has been denied, revoked, or suspended by any organization, and if applicable an explanation of said denial, revocation or suspension;
6. The number of vehicles proposed to be used as taxicabs.
B. Taxicab Vehicle(s).
1. A photocopy of a valid California registration card for every taxicab vehicle owned or leased by applicant taxicab company for which a city decal will be issued.
2. A photocopy of each taximeter certificate, including the serial number that was issued by the county for each taxicab for which the city decal will be issued.
3. A signed and dated statement from a licensed mechanic certifying that the vehicle is in safe operating condition. The statement from the licensed mechanic must include the date of the inspection, the name of the business and name of the mechanic; business address and phone number; and Bureau of Automotive Repair license number; the vehicle identification number (VIN) and license plate number to the taxicab vehicle.
4. The distinctive color scheme, name, monogram or insignia which shall be used on such taxicab vehicle.
5. Copy of a certificate of insurance pursuant to this chapter.
C. Taxicab Driver(s).
1. A completed driver permit application signed by a representative of the taxicab company the applicant intends to work for.
2. The full name, age, address, height, color of hair and eyes, date and place of birth.
3. Past work experience for the five years preceding the date of the application.
4. Statement of any conviction of a felony or misdemeanor within the five years prior to the date of the application.
5. The applicant’s California or Nevada driver’s license number, together with a Department of Motor Vehicles report indicating the applicant’s driving record for the preceding year.
6. Results of a drug/alcohol screening completed within 30 days of the date of application pursuant to California Government Code Section 53075.5. (Ord. 1130 § 2)
4.155.040 Investigation, issuance, and renewal of permits.
A. All permit applications shall be submitted to the South Lake Tahoe police department for approval. The chief of police shall inspect all applications and forms required by this chapter prior to applicant(s) operating any taxicab company or vehicle in the city of South Lake Tahoe. If the chief of police finds that the proposed applicant is fit, willing and able to perform such taxicab services and to comply with all of the provisions of this chapter, the chief of police shall issue a permit stating the name and address of the applicant, the date of issuance, and the terms thereof.
B. The taxicab permit shall be in the form of a vehicle sticker. Every taxicab shall have the permit affixed to the upper left section of the vehicle’s rear window indicating compliance with all provisions of this chapter and Government Code 53075.52.
C. A permit issued under this chapter may be renewed annually and shall only be issued upon payment of annual renewal fees and must be submitted prior to the expiration of the existing permit. An application for renewal of a taxicab permit shall show proof of an annual vehicle inspection by a certified mechanic conducted not more than 30 days prior to the renewal application, a valid seal on the taximeter, and proof of valid insurance. (Ord. 1130 § 2)
4.155.050 Taxicab information posted inside and outside of the taxicab.
A. The number by which the taxicab is designated shall be posted conspicuously on the outside of each taxicab and on the inside of the passenger compartment. No two taxicabs shall be designated by the same two numbers.
B. Every taxicab shall have the permit affixed to the upper left section of the vehicle’s rear window indicating compliance with all provisions of this chapter and Government Code 53075.52.
C. The name and trade name of the taxicab company permitted under this chapter.
D. The rate of fare to be charged. (Ord. 1130 § 2)
4.155.060 Vehicle requirements.
A. Following the issuance of a taxicab permit, each vehicle for which the permit applies shall be inspected by a licensed mechanic, pursuant to this chapter as often as necessary, but no less than once annually. Each taxicab vehicle shall comply with the California Vehicle Code.
B. All permitted taxicabs shall be maintained in a clean and sanitary manner and in a safe operating condition.
C. A maintenance log shall be kept in every taxicab and must include the following information:
1. A record of brake inspections, the name and address of the garage that performed the inspection, the date of the inspection; and
2. Any other inspection or maintenance performed on the taxicab vehicle; and
3. The mechanic’s dated signature after each inspection or service.
D. Necessary Equipment. Taxicabs shall have the following equipment in addition to such equipment as may be required by the California Vehicle Code or by reasonable safety considerations:
1. A properly inflated spare tire, unless towing and road service is maintained;
2. A taximeter; and
3. An electronic device or functional equivalent device capable of sending data relating to dispatch and service response. Such equipment shall also be capable of two-way communication between the taxicab and the dispatch operation. (Ord. 1130 § 2)
4.155.070 Rules and regulations of operation.
All applicable federal, state, local county and city laws and regulations shall be observed by all persons operating as a taxicab driver at all times.
A. A taxicab driver employed to transport passengers to a definite point shall take the most direct route possible that will carry the passenger to his or her destination safely and expeditiously.
B. A taxicab driver shall provide a receipt to any passenger who requests one after the passenger pays the fare. The receipt shall indicate the beginning and ending points of the trip, the fare charged, the date, the taxicab driver’s name, and the vehicle number.
C. No person shall solicit passengers for taxicabs other than the taxicab driver.
D. No taxicab driver shall transport more persons than the manufacturer’s rated seating capacity for the taxicab vehicle they are operating. A taxicab driver shall also not transport luggage or other items exceeding the vehicle’s storage volume or load-carrying capacity.
E. When in service, taxicab driver must remain within 12 feet of the taxicab unless the taxicab driver is assisting passengers with loading and/or unloading of persons of luggage.
F. No taxicab driver shall knowingly pick up a person who has summoned a taxicab from a competitive taxicab company without informing the person that he or she does not represent the taxicab company the person summoned.
G. No taxicab driver, who has been hired by a passenger, shall pick up any additional passengers, without the consent of the original passenger.
H. It is unlawful for a taxicab driver to refuse a prospective or actual fare or take any action to actively discourage a prospective or actual fare on the basis of race, creed, color, age, sex, national origin or disability. A taxicab driver may, however, refuse a prospective or actual fare if it is readily apparent to the driver that a person presents a hazard to the taxicab driver.
I. It is unlawful for a taxicab driver to refuse or discourage a prospective fare based upon the length of the trip if the trip is within the area normally serviced by the taxicab company that employs the taxicab driver.
J. A driver may seek passengers by driving on a public street but may not travel at a speed or in a manner that interferes with or impedes traffic.
K. A taxi driver shall display an “out of service” sign when the taxicab is not available for-hire. The sign must be located inside the vehicle to be visible and readable from outside the vehicle at a distance of at least 10 feet away.
L. A taxicab driver shall maintain a daily trip log which shall be available for inspection upon request by law enforcement. The trip shall show the taxicab’s driver’s name, taxicab number, date, time, origin and destination of each trip and fare charged. Such log shall be submitted to the taxicab company at the end of each week.
M. It is unlawful for any taxicab driver, while transporting passengers, to display the flag or device attached to the taximeter in a position indicating that the vehicle is for-hire. It is unlawful for a taxicab driver to cause the taximeter to record when the taxicab is not in service or to allow a taximeter to continue to record after reaching the passenger’s final destination. (Ord. 1130 § 2)
4.155.080 Insurance requirements.
A. It is unlawful for any taxicab operator to operate a taxicab within the city of South Lake Tahoe unless the person has in effect insurance coverage issued by a company authorized to transact insurance business in the state of California with coverage amounts that meet the requirements of coverage for each taxicab in an amount not less than $1,000,000 per occurrence, combined single limit for bodily injury and property damage.
B. The certificate of insurance shall provide that the insurer will notify the chief of police, in writing, of any policy cancellation and the notice shall be sent to the chief of police by registered mail at least 30 days prior to the cancellation of the policy. The certificate should also state:
1. The full name of the insurer;
2. The name and address of the insured;
3. The insurance policy number;
4. The type and limit of coverage;
5. The specific vehicle insured;
6. The effective dates of the certificate; and
7. The certificate issue date. (Ord. 1130 § 2)
4.155.100 Hold harmless.
Permit holders shall indemnify, defend and hold harmless the city, its elected and appointed boards, officers, employees, agents, volunteers, contractors, and invitees from any and all liability, for any and all claims, demands, actions, losses, damages, and injuries direct or indirect (including any and all costs and expenses in connection therewith), arising from permittee’s operations authorized herein, from and against each and every claim and demand of whatsoever nature made on behalf of or by any person, persons, firm, partnership, corporation or otherwise, including permittee’s employees. (Ord. 1130 § 2)
4.155.110 Suspension or revocation of permit.
A. The chief of police, or the city manager on appeal, shall have the power to suspend or revoke a taxicab driver permit issued under this chapter, on any of the following grounds:
1. Suspension, revocation or expiration of the driver’s privilege granted by the Department of Motor Vehicles of the state of California to operate a motor vehicle on the public highways of the state of California.
2. The violation by the driver of any of the terms, conditions or requirements of the taxicab driver permit or of this chapter.
3. Any act or omission of the driver or any fact or condition which, if existed at the time of the application for a taxicab driver permit was filed, would have warranted denial of the application.
4. Failure of the driver to pay any judgment against the driver for personal injury or death, or property damage arising out of the driver’s operation of a public transportation vehicle, within 30 days after the judgment has become final.
5. The driver consumed drugs or alcohol or is under the influence of drugs or alcohol while on duty.
6. Failure of the driver to timely pay any applicable taxes imposed by the city.
B. A taxicab permit or driver permit issued pursuant to this chapter may be revoked or suspended only after the company or driver has been given reasonable written notice and opportunity to be heard. Written notice shall be given stating the alleged grounds for suspension or revocation and the effective date. This notice will be by certified mail, return receipt requested, sent to the address shown on the application or renewal or by personal service. The decision to suspend or revoke the permit may be appealed to the city manager or designee. The notice shall provide the permit holder with information on the appeal process.
C. The permit holder must submit a request for an appeal to the city manager within 10 days of receipt of written notice.
D. Upon receipt of a request for an appeal hearing, the city manager or designee shall conduct a hearing within 45 days of the request and the suspension or revocation shall be stayed during that time. A written decision shall be issued within 10 days of the conclusion of the hearing.
E. The decision of the city manager shall be final. (Ord. 1130 § 2)
4.155.130 Enforcement of chapter.
A. Any taxicab substantially located within the city, which is operated by a driver without a current permit will be subject to a minimum fine of $5,000.
B. Any taxicab business or company, or taxicab driver, whether an employee or independent contractor of a taxicab business or company violating, permitting, or assisting the violation of any provisions of this chapter, shall be subject to any and all civil remedies, including, without limitation, to business permit suspension and revocation. All remedies provided herein shall be cumulative and not exclusive. Any violation of these provisions shall constitute a separate violation for each and every day during which such violation is committed or continued.
C. In addition to the remedies set forth in subsections (A) and (B) of this section, any taxicab company or driver that is operating in violation of this chapter is hereby declared to constitute a public nuisance pursuant to Chapter 4.40 SLTCC and, as such, may be abated or enjoined from further operation in the city of South Lake Tahoe.
D. Except as otherwise set forth above, violation of this chapter shall be an infraction, punishable as provided by law. The city attorney and district attorney are additionally authorized to pursue any and all other remedies available in law or equity for violations of this chapter. (Ord. 1130 § 2)