Chapter 5.32 TAXICABS

C. “Taxicab” means every automobile or motor-propelled vehicle, operated at rates per mile or portion thereof, or flat rates, or for wait time, or for any combination thereof, used for the transportation of passengers for hire over the public streets of the city, and not over a fixed route, and irrespective of whether the operations extend beyond the boundary limits of the city, and such vehicle is routed as to destination under the direction of such passenger or passengers, or of such persons hiring the same.

D. “Driver” means every person driving any taxicab, either as agent, employee, or otherwise under the direction of the carrier/owner, or as carrier/owner, as herein defined. (Ord. 98-1 N.S.; Ord. 72-6 N.S. § 5, 1972; prior code § 5-501).

5.32.020 Exceptions.

This chapter does not apply to:

A. A vehicle transporting a passenger from a point outside to a point inside the city, or a vehicle going to a point outside the city, which does not carry a passenger from the city;

B. A vehicle operated under authority of the State Public Utilities Commission;

C. A vehicle operated under what is commonly referred to as a “share the ride” arrangement, where a person going from his place of residence to his place of business, or vice versa, transports another person living and working in the same general vicinity for a payment to cover the actual or approximate cost of operating the vehicle;

D. A vehicle operated as an ambulance;

E. A vehicle rented or leased for self operation under a plan commonly known as “u-drive,” which is not used for transporting other persons for compensation. (Ord. 72-6 N.S. § 5, 1972; prior code § 5-502).

5.32.030 Carrier/owner permit – Required.

It is unlawful to operate a taxicab in the city unless the carrier/owner shall apply for and obtain a license to do so, which license shall be applied for, granted and be in effect, all in compliance with the provisions of this chapter. No license issued hereunder shall be transferable. (Ord. 98-1 N.S.; Ord. 72-6 N.S., 1972; prior code § 5-511).

5.32.040 Carrier/owner permit application.

A person who desires to operate as a carrier/owner shall file an application with the city. The application shall include the following information:

A. The name and address of the applicant and all persons, firms, or corporations directly interested in the license;

B. The type of business organization;

C. The number of vehicles to be operated;

D. A description of every vehicle which the applicant proposes to use as a taxicab, giving:

1. Trade name, year and model;

2. Motor and serial number;

3. State license number;

4. Seating capacity;

5. Body style; and

6. Company vehicle I.D. number;

E. The proposed schedule of rates or fares to be charged for carrying passengers;

F. The distinctive color scheme, name of the taxicab company, monogram, or insignia to be used on the vehicle;

G. The make and type of taximeter, if any, to be used in each taxicab;

H. The past experience of the applicant;

I. A statement showing whether or not a permit has been revoked, and if so, the circumstances of the revocation;

J. Such further information as the city prescribes. (Ord. 98-1 N.S.; Ord. 72-6 N.S. § 5, 1972; prior code § 5-512).

5.32.050 Carrier/owner permit – Fee.

The application fee for a carrier/owner’s permit as required under BMC 5.32.030 shall be established by resolution of the city council. (Ord. 98-1 N.S.; prior code § 5-571).

5.32.060 Carrier/owner permit – Hearing – Notice.

Upon the filing of an application, the city manager shall set a time for a public hearing on the application. The city manager shall give notice of the hearing at least 10 days before the date of the hearing by mailing notice of the hearing to all other applicants or permit holders, and publishing a notice in a newspaper of general circulation published in the city. (Ord. 98-1 N.S.; Ord. 72-6 N.S. § 5, 1972; prior code § 5-513).

5.32.070 Carrier/owner permit – Hearing – Council determination.

A. At the time set for the hearing of the application, the council may examine the applicant and all persons interested in the matter.

B. The council shall determine whether the public interest, convenience and necessity require the issuance or the denial of the permit. If the council finds that taxicab service is required by the public convenience and necessity and that the applicant is fit and able to perform the service, then the council shall by resolution issue a carrier/owner’s permit. The resolution permit shall state the name and address of the carrier/owner, the number of vehicles authorized and the date of issuance of the permit. (Ord. 98-1 N.S.; Ord. 72-6 N.S. § 5, 1972; prior code § 5-514).

5.32.080 Carrier/owner permit – Hearing – Matters for consideration.

In making the findings on the question of whether the public convenience and necessity require the issuance of a permit, the council shall consider:

A. The number of taxicabs already in operation;

B. Whether existing transportation is adequate to meet the public need;

C. The effect of increased service on local traffic; and

D. The character, experience and responsibility of the applicant. (Ord. 98-1 N.S.; Ord. 72-6 N.S. § 5, 1972; prior code § 5-515).

5.32.090 Carrier/owner permit – Terms and conditions of issuance.

The council may impose conditions on the exercise of the carrier/owner permit if it finds that the interests of the public require it. (Ord. 98-1 N.S.; Ord. 72-6 N.S. § 5, 1972; prior code § 5-516).

5.32.100 Carrier/owner permit – Suspension or revocation – Grounds.

The city may revoke or suspend the permit issued to a carrier/owner if the carrier/owner:

A. Violates this chapter;

B. Discontinues operation for more than 48 hours;

C. Violates any ordinance of the city or the laws of the United States or the state, which reflects unfavorably on the carrier/owner’s fitness to offer public transportation. (Ord. 98-1 N.S.; Ord. 72-6 N.S. § 5, 1972; prior code § 5-517).

5.32.110 Carrier/owner permit – Suspension or revocation – Hearing.

Before the city revokes or suspends the permit of a carrier/owner, the city shall give the carrier/owner notice of the proposed action, and the carrier/owner has the right to be heard upon the matter before the city council. (Ord. 98-1 N.S.; Ord. 72-6 N.S. § 5, 1972; prior code § 5-518).

5.32.120 Driver’s permit – Required.

No person may drive a taxicab without a valid driver’s permit. A valid driver’s permit is a permit either (1) issued by the city of Benicia in accordance with this chapter; or (2) issued by the city of Vallejo and the driver is employed by a carrier/owner that has a carrier/owner permit authorized by the city of Benicia. The city manager may require a driver with a Vallejo driver’s permit to obtain a city of Benicia driver’s permit if the city manager is unable to rely upon the Vallejo permitting process or if the city of Vallejo changes its requirements for driver’s permits. (Ord. 08-01 § 1; Ord. 98-1 N.S.; Ord. 72-6 N.S. § 5, 1972; prior code § 5‑521).

5.32.130 Driver’s permit – Application.

A person other than the carrier/owner set forth in the carrier/owner permit who desires to drive a taxicab shall file an application with the city on a form prescribed by it. The application shall be under oath and shall contain the following information:

A. The names and addresses of two persons who have known the applicant for a period of two 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. Such other information as the city prescribes. Each application shall be accompanied by a certificate from a reputable physician in Solano County or Contra Costa County certifying that in his opinion the applicant is not afflicted with any disease or infirmity which might make him an unsafe or unsatisfactory driver. (Ord. 98-1 N.S.; Ord. 72-6 N.S. § 5, 1972; prior code § 5-522; amended during 1980 codification).

5.32.140 Driver’s permit – Fee.

The application fee for a driver’s permit as required by BMC 5.32.120 shall be established by resolution of the city council. (Ord. 98-1 N.S.; Ord. 72-6 N.S. § 5, 1972; prior code § 5-572).

5.32.150 Driver’s permit – State motor vehicle operator’s permit required.

Before an application is approved by the city, the applicant shall show that he has a current motor vehicle operator’s permit issued by the state. (Ord. 72-6 N.S. § 5, 1972; prior code § 5-523).

5.32.160 Driver’s permit – Applicant investigation.

The police department shall conduct an investigation of each applicant for a taxicab driver’s permit and attach a report of the investigation and a copy of the traffic and police record of the applicant to the application for the consideration of the police chief. Within five business days of receipt of a driver application by the police department, the police department may issue a temporary driver’s permit valid for 30 days. The police department may extend such temporary driver’s permit for an additional 30 days for a total of 60 days. If, at the end of the 60-day period, the investigation of the background of the applicant is still pending issuance of a permanent driver’s permit, the police chief may extend the temporary driver’s permit an additional 30 days for a total of 90 days. (Ord. 98-1 N.S.; Ord. 72-6 N.S. § 5, 1972; prior code § 5-524).

5.32.170 Driver – Permit – Approval or rejection by city manager.

The city manager shall consider the application and the reports and shall approve or reject the application. If the city manager rejects the application, the applicant may request a personal appearance before the city manager to offer evidence why his application should be reconsidered. (Ord. 72-6 N.S. § 5, 1972; prior code § 5-525).

5.32.180 Driver’s permit – Issuance – Term.

Upon approval of an application for a taxicab driver’s permit the city manager shall issue a permit to the applicant. The license shall contain the name, address, color, age, signature and photograph of the applicant. This permit is valid for four years unless revoked. (Ord. 72-6 N.S. § 5, 1972; prior code § 5-526).

5.32.190 Driver’s permit – Display.

Each driver licensed under this chapter shall post his driver’s permit in such a place as to be in full view of all passengers while such driver is operating a taxicab. (Ord. 72-6 N.S. § 5, 1972; prior code § 5-527).

5.32.200 Driver’s permit – Suspension and revocation.

The city manager may suspend a driver’s permit issued under this chapter for a driver’s failing or refusing to comply with this chapter. The suspension shall last for a period of not more than five days. The city manager may revoke a driver’s license for failure to comply with this chapter; however, the city manager may not revoke a license unless the driver is given notice and an opportunity to present evidence in his behalf. (Ord. 72-6 N.S. § 5, 1972; prior code § 5-528).

5.32.210 Compliance with applicable laws required.

Every driver licensed under this chapter shall comply with all city, state and federal laws. The city manager may revoke a license for failure to do so. (Ord. 72-6 N.S. § 5, 1972; prior code § 5-529).

5.32.220 Driver’s duties and responsibilities.

Each driver shall:

A. Take the most direct route possible which carries the passenger to his destination safely and expeditiously;

B. Give a correct receipt upon payment of the correct fare when requested to do so;

C. Accept only those passengers which will not exceed the rated seating capacity of the vehicle;

D. Report to the police department all property left in the taxicab;

E. Obey all orders and instructions of any peace officers. (Ord. 72-6 N.S. § 5, 1972; prior code § 5-551).

5.32.230 Information to be displayed.

Each taxicab shall carry at all times and display in a manner so that it is visible to all passengers the following information:

A. The driver’s permit;

B. A card stating the authorized rates of fare;

C. Seating capacity of the vehicle. (Ord. 72-6 N.S. § 5, 1972; prior code § 5-535).

5.32.240 Rate schedule to be filed with the city.

Each carrier/owner shall file with the city a statement setting forth tariffs or schedules of fares which the carrier/owner will charge for local service. (Ord. 98-1 N.S.; Ord. 72-6 N.S. § 5, 1972; prior code § 5-541).

5.32.250 Fare receipts to be given.

The driver of the taxicab shall, upon demand by the passenger, give a receipt for the amount charged. The receipt shall show the name of the carrier/owner of the firm, vehicle license number, driver’s name, amount of meter reading (if any) or charges, and date of the transaction. (Ord. 98-1 N.S.; Ord. 72-6 N.S. § 5, 1972; prior code § 5-542).

5.32.260 Daily manifests to be kept.

Every driver 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. The carrier/owner shall preserve all drivers’ manifests in a safe place for at least the calendar year subsequent to the current calendar year. (Ord. 98-1 N.S.; Ord. 72-6 N.S. § 5, 1972; prior code § 5-553).

5.32.270 Recordkeeping.

A. Every carrier/owner shall keep accurate records of receipts from operations, operating and other expenses, capital expenditures, and such other operating information as may be required by the city manager. Such information shall be made readily accessible for examination by the city manager.

B. All accidents arising from or in connection with the operation of taxicabs which result in death or injury to any person or in damage to any vehicles or to any property in an amount exceeding the sum of $500.00 shall be reported within 24 hours, from the time of occurrence, to the police department.

C. Each carrier/owner shall file with the city copies of all contracts, agreements, arrangements, memoranda, or other writings relating to the furnishing of taxicab service to any hotel, theater, hall, public resort, railway station or other place of public gathering. (Ord. 98-1 N.S.; Ord. 72-6 N.S. § 5, 1972; prior code § 5-554).

5.32.280 Service business requirements.

Every carrier/owner shall maintain a central place of business and keep it open 24 hours a day for the purpose of receiving calls and dispatching cabs. The carrier/owner shall answer all calls received for service inside the city as soon as it can do so, and if service cannot be given within a reasonable time the carrier/owner shall notify the prospective passenger how long it will be before the call can be answered and give the reason for delay. (Ord. 98-1 N.S.; Ord. 72-6 N.S. § 5, 1972; prior code § 5-555).

5.32.290 Liability insurance required.

Each carrier/owner shall maintain insurance in a form approved by the city on each taxicab, insuring the carrier/owner and the driver against liability for damage to property and for injury to or death of a person as a result of the ownership, operation or use of the vehicle. The minimum general liability limit for each vehicle is $1,000,000. The combined single limit for auto liability that includes bodily injury to one or more persons is $1,000,000. The minimum liability for property damage is $100,000. The city may require additional insurance or may increase the limits. The carrier/owner shall file copies of the insurance certificate naming the city as an additional insured with the city manager. (Amended during 2004 republication; Ord. 98-1 N.S.; prior code § 5-535).

5.32.300 Identification markings.

Each taxicab shall have painted on the outside of each rear door in letters of between four and six inches the name of the firm and may also contain an identifying design. No taxicab may be licensed whose color scheme or identifying design conflict with or imitate the color scheme or identifying design used on a taxicab already operating. (Ord. 72-6 N.S. § 5, 1972; prior code § 5-534).

5.32.310 Cleanliness required.

The carrier/owner and each driver shall keep the taxicab in a clean and sanitary condition. (Ord. 98-1 N.S.; Ord. 72-6 N.S. § 5, 1972; prior code § 5‑533).

5.32.320 Open stands – Establishment.

The city manager may establish open stands in places upon the streets as he considers necessary for the use of taxicabs. In establishing an open stand, the city manager shall consider the need for the stands by the carrier/owner and the convenience to the general public. The city manager shall fix the number of cabs that may occupy the open stand. The city manager may not create an open stand in front of a place of business where the stand would tend to create a traffic hazard or interfere with the business conducted by adjoining property owners. (Ord. 98-1 N.S.; Ord. 72‑6 N.S. § 5, 1972; prior code § 5-556).

5.32.330 Open stands – Use.

Drivers may use an open stand on a first-come, first-served basis. The driver shall pull on to the open stand from the rear and shall advance forward as the cabs ahead pull off. Drivers shall stay within five feet of their cabs and may not solicit passengers or engage in loud or boisterous talk while at an open stand. (Ord. 72-6 N.S. § 5, 1972; prior code § 5-557).

5.32.370 Nonliability of city.

The carrier/owner shall agree to indemnify and hold the city harmless from all claims and demands resulting from the operation of the taxicab business. (Ord. 98-1 N.S.; Ord. 72-6 N.S. § 5, 1972; prior code § 5-537).

5.32.380 Inspection – Certification.

A. The police department, or an automotive repair facility registered with the State Bureau of Automotive Repair and approved by the police department, shall inspect every vehicle intended to be used as a taxicab. Each vehicle shall comply with such reasonable rules and regulations as may be prescribed by the police department. These rules and regulations shall be adopted to provide safe transportation. They shall specify such safety equipment and regulatory devices as the police department finds necessary.

B. When the police department finds that a vehicle has met the standards established, the department shall issue a letter certifying to this fact and establishing the authorized seating capacity of the vehicle. (Ord. 98-1 N.S.; Ord. 72-6 N.S. § 5, 1972; prior code § 5-531).

5.32.390 Inspections – Periodic.

The police department, or an automotive repair facility registered with the State Bureau of Automotive Repair and approved by the police department, shall inspect each taxicab at least once annually, and at such more frequent intervals as it establishes, to ensure the continued maintenance of safe operating conditions. (Ord. 98-1 N.S.; Ord. 72-6 N.S. § 5, 1972; prior code § 5-532).

5.32.400 Charging of unlawful rates prohibited.

A carrier/owner or driver may not charge compensation for the use of the taxicab which is different than or not specified in the tariff on file with the city. (Ord. 98-1 N.S.; Ord. 72-6 N.S. § 5, 1972; prior code § 5-582).

5.32.410 Refusal to pay fare prohibited.

No person may refuse to pay the lawful fare of a taxicab after hiring the vehicle. (Ord. 72-6 N.S. § 5, 1972; prior code § 5‑581).

5.32.420 Carrying of additional passengers prohibited when.

A person who hires a taxicab has the exclusive right to the full use of the rear seat. The driver may not solicit or carry additional passengers without the consent of the person first hiring the vehicle. (Ord. 72-6 N.S. § 5, 1972; prior code § 5-552).

5.32.430 Exceeding seating capacity of vehicles prohibited.

No driver shall permit more persons in a taxicab as passengers than the rated capacity of his vehicle. However, children under 12 years of age with an adult may be taken in addition thereto; provided, however, each child under 12 years of age must have a safety belt meeting applicable federal motor vehicle safety standards, and children under four years of age must have a child passenger restraint system meeting applicable federal motor vehicle safety standards. (Ord. 98-1 N.S.; Ord. 72-6 N.S. § 5, 1972; prior code § 5-583).

5.32.440 Refusal to carry passengers prohibited.

No driver may refuse or neglect to convey an orderly person upon request, unless previously engaged or unable or forbidden by the provisions of this chapter to do so. (Ord. 72-6 N.S. § 5, 1972; prior code § 5-584).

For statutory provisions on local authority to license and regulate vehicles for hire, see Vehicle Code §§ 21100 and 21112; for provisions on financial responsibility of commercial passenger vehicles, see Vehicle Code § 16500 et seq.