Chapter 5.95 TAXICABS

Cross references: Businesses and business regulations, Title 5; streets, sidewalks, and other public places, Title 12; traffic and vehicles, Title 10.

Article I. General

5.95.010 Definitions.

Unless otherwise expressly stated, whenever used in this article, the following terms shall respectively be deemed to mean:

Advertisement. Advertisement includes, but is not limited to, the issuance of any card, sign, or device to any person, the causing, permitting, or allowing the placement of any sign or marking on or in any building or structure, or in any media from, including newspaper, magazine, radiowave, satellite signal, or any electronic transmission, or in any directory soliciting taxicab solicitation services.

Driver. Any person in charge of or operating any taxicab, as herein defined, either as owner, principal, agent, or employee, under the direction of the owner, as herein defined.

Owner. Every person, firm, or corporation that holds a taxicab business owner’s permit as here in defined, whether as owner or lessee.

Public convenience and necessity. The existing and reasonably anticipated requirements or need of the public for prompt, safe, efficient, dependable, and economic transportation by passenger vehicles for hire.

Street. Any place commonly used for the purpose of public travel.

Smoking. The carrying or holding of a lighted pipe, a lighted hookah pipe, an operating electronic cigarette, a lighted cigar or cigarette of any kind, or any other lighted smoking equipment, or the lighting, emitting, or exhaling the smoke of a pipe, cigar, or cigarette, or electronic cigarette of any kind.

Taxicab. Every passenger type automobile operated at rates per mile, or for wait time, or for both, and equipped with a taximeter, used for the transportation of passengers for hire over the public streets and not over a defined route and irrespective of whether the operations extend beyond the city limits, and such vehicle is routed as to destination under the direction of such passenger, or of such persons hiring the same.

Taximeter. Any mechanical or electronic instrument, appliance, device, or machine by which the charge for hire of a passenger-carrying vehicle is mechanically or electronically calculated, either for distance traveled or time consumed, or both, and upon which instrument, appliance, device, or machine such charge is indicated by figures.

(Code 1965, § 6300; Code 2002, § 118-31. Ord. No. 854; Ord. No. 11-7; Ord. No. 86-17; Ord. No. 87-21; Ord. No. 95-6)

Cross references: Definitions generally, § 1.05.100.

5.95.020 Exceptions.

The provisions of this article shall not apply to the operation of any taxicab or other public motor vehicle merely transporting passengers from a point outside the city to a destination within the city or merely proceeding through the city while en route to a destination outside the city.

(Code 1965, § 6301; Code 2002, § 118-32. Ord. No. 854; Ord. No. 11-7)

5.95.030 Safety features and equipment.

The safety features and equipment of all taxicabs operated pursuant to permit issued under the provisions of this article shall be, at all times, under the jurisdiction and orders of the Chief of Police, subject to any regulations imposed by state or federal law. At least one in service taxicab per permitted company shall have a child safety seat available for use upon request of a customer. If requested and the assigned taxicab does not have a child safety seat, the customer with the child will not be transported until the child seat is brought to the location of the pick up. It is the responsibility of the customer to properly install the child safety seat.

(Code 1965, § 6302; Code 2002, § 118-33. Ord. No. 86-17; Ord. No. 93-2; Ord. No. 95-6; Ord. No. 11-7)

5.95.040 Reports of lost property.

All property of value found in a taxicab by an owner, or his employee, or delivered to them by any person who has found such property, if unclaimed within 72 hours, shall be reported to the Police Department. Every owner shall keep a record of all found and returned property describing the article, date found, finder, and disposition of property.

(Code 1965, § 6303; Code 2002, § 118-34. Ord. No. 854; Ord. No. 86-17; Ord. No. 11-7)

5.95.050 Smoking in taxicabs prohibited.

It shall be unlawful for any person to smoke in any taxicab in the city.

(Code 1965, § 6303; Code 2002, § 118-35. Ord. No. 97-4; Ord. No. 11-7)

5.95.060 Violations.

Violation of this Article shall constitute an infraction, per section 1.05.200 of this Code.

(Code 1965, § 6304; Code 2002, § 118-36. Ord. No. 854; Ord. No. 86-17; Ord. No. 95-6; Ord. No. 11-7)

5.95.070 Administrative citations, fines, and appeals.

Violations of this Article shall constitute a nuisance, per section 8.25.020 of this Code, and shall be subject to administrative citations and fines, per section 8.25.070 of this Code. Administrative citations are available as a remedy, in addition to all other legal remedies, criminal or civil, which may be pursued by the City to address any violation of this article. Whenever it is determined that a violation of this article has occurred, an administrative fine may be imposed on any person responsible for the violation. Appeals of administrative citations issued per this Article shall be heard in accordance with section 8.25.070(f) of this Code.

(Code 1965, § 6305; Code 2002, § 118-37. Ord. No. 854; Ord. No. 95-6; Ord. No. 11-7)

5.95.080 Appeals.

(a) Appeals. Any person aggrieved by a decision to grant, deny, suspend, revoke, renew, or decline to renew any permit issued under this Article may appeal the decision within ten (10) days of the decision. Grounds for appeal shall be limited to whether the applicant has or has not met the criteria set forth in the section of this Article governing each such action.

(b) Hearing requests. Any person may request a hearing pursuant to the following procedure:

(1) A request for hearing form shall be obtained from the City Clerk. The completed form shall be returned to the City Clerk within ten (10) days of the date of action being challenged thereby.

(2) After a completed request for hearing form has been filed with the City Clerk, a hearing date, time and place shall be set. The City Manager or his or her designee shall sit as the hearing officer. The hearing shall be set for a date within a reasonable time period after the date of the City Clerk’s receipt of the request. Reasonable efforts shall be made to set the hearing date not less than five (5) days nor more than fifteen (15) days after the City Clerk receives the request.

(3) The person requesting the hearing shall be notified by first class mail and certified mail, return receipt requested, of the date, time, and place set for the hearing. The notice shall be sent to the address provided on the request for hearing form by the appellant. In addition, if the appellant is not the individual whose permit is at issue, the individual whose permit is at issue shall be notified in the same manner. Service shall become effective on the date of first class mailing. Failure of the appellant to receive such notice shall not affect the validity of any proceedings taken.

(4) The appellant, the City, or the individual whose permit is at issue, may request one (1) continuance, but in no event may the hearing be continued more than fifteen (15) days after the date of the originally scheduled hearing unless the hearing officer finds that circumstances warrant a longer continuance not to exceed thirty (30) days after the date of the originally scheduled hearing.

(5) The failure of any person to file a request for hearing in accordance with the provisions of this section shall be deemed to be a waiver of his or her right to an administrative hearing and shall constitute a failure to exhaust administrative remedies.

(1) Administrative hearings are informal, and formal rules of evidence and discovery do not apply.

(2) The City representative and the appellant shall be given an opportunity to testify and present evidence concerning the decision. The same opportunity shall be afforded the individual whose permit is at issue, if he or she is not the appellant. All individuals may represent themselves or be represented by any person of their choice.

(3) The hearing officer may continue the hearing and request additional information from the city representative, the appellant, and/or the individual whose permit is at issue prior to concluding the hearing and issuing a written decision.

(4) The failure of the person requesting the hearing to appear at the hearing shall be deemed to be a waiver of his or her right to an administrative hearing and shall constitute a failure to exhaust administrative remedies.

(d) Decision of the hearing officer.

(1) The hearing officer shall issue a written decision within five (5) business days of the conclusion of the hearing stating the reasons for that decision. The hearing officer’s decision shall be final.

(2) A copy of the hearing officer’s written decision shall be sent by first class mail to the appellant at the address provided on the request for hearing form, as well as to the individual whose permit or application for a permit was at issue, if the appeal was brought by another.

(Code 1965, § 6306; Code 2002, § 118-38. Ord. No. 854; Ord. No. 86-17; Ord. No. 87-6; Ord. No. 89-12; Ord. No. 11-7)

Article II. Drug and Alcohol Testing

5.95.090 Controlled substance and alcohol testing program.

(a) As used in this section, the following definitions shall apply:

Controlled substance. Those substances specified in part 40 (commencing with section 40.1) of title 49 Code of Federal Regulations, as it exists on the effective date of this section, or as it may be amended.

Negative test for alcohol. An alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.

(b) Drivers shall test negative for each of the controlled substances specified in part 40 (commencing with section 40.1) of title 49 Code of Federal Regulations, as it exists on the effective date of this section, or as it may be amended, before employment. Drivers shall test negative for these controlled substances and for alcohol as a condition of granting a permit or permit renewal of their driver’s permit issued by the Police Department.

(c) Testing procedures shall be substantially as in part 40 (commencing with section 40.1) of title 49 Code of Federal Regulations, as it exists on the effective date of this section, or as it may be amended, except that the driver shall show a valid California driver’s license at the time and place of testing, and except as provided otherwise in this section. Requirements for rehabilitation and for return to duty and follow-up testing and other requirements, except as provided otherwise in this section, shall be substantially as in part 382 (commencing with section 382.101) of title 49 Code of Federal Regulations, as it exists on the effective date of this section, or as it may be amended.

(d) The holder of an owner’s permit, or an applicant therefor, shall be responsible for ensuring that all persons employed by them as drivers, all applicants who have been offered positions of employment as drivers, and all persons to whom vehicles are leased to be used as taxicabs have provided the Police Department with satisfactory proof of compliance with the drug and alcohol testing of drivers employed by them.

(e) Taxicab companies approved to operate in the city shall be responsible for the cost of drug and alcohol testing of drivers employed by them.

(f) Each taxicab driver applicant shall submit satisfactory proof of a negative test result, that was obtained within two months prior to the submission of an application for a driver’s permit or for renewal of a driver’s permit, for controlled substances and for alcohol to the Police Department before a permit to conduct a taxicab business shall be issued. No driver’s permit shall be granted unless such proof has been submitted.

(g) Persons holding a valid business license shall, within 30 days of the expiration date thereof, submit satisfactory proof to the Treasurer of a negative test for controlled substances and for alcohol for each driver indicated on their annual business license renewal.

(h) Employing transportation operators shall be responsible for compliance with, and shall pay all costs of, this program with respect to their employees and potential employees, except that an operator may require employees who test positive to pay the costs of rehabilitation and of return to duty and follow-up testing.

(i) Test results shall be reported directly to the employing transportation operator, who shall, within five days of receipt of negative results, notify the Police Department.

(j) The driver’s permit of any person convicted of illegally using, possessing, selling, or driving under the influence of any controlled substance or alcohol shall be subject to suspension or revocation pursuant to the provisions of this Code.

(k) A test in any jurisdiction shall be accepted as meeting the requirements of this section. Any negative test result shall be accepted for one year as meeting a requirement for periodic permit renewal testing or any other periodic testing in any jurisdiction, if the driver has not tested positive subsequent to a negative result. However, an alternative negative result shall not be accepted as meeting the pre-employment testing requirement for any subsequent employment, or any testing requirements under the program, other than periodic testing.

(l) Upon the request of a driver applying for a permit, the Police Department shall provide the driver with a list of the consortia certified pursuant to part 382 (commencing with section 382.101) of title 49 Code of Federal Regulations that the city knows offer tests in or near the jurisdiction.

(m) All test results are confidential and shall not be released without the consent of the driver, except as authorized or required by law.

(n) No evidence derived from a positive test result pursuant to the program shall be admissible in a criminal prosecution concerning unlawful possession, sale, or distribution of controlled substances.

(Code 1965, § 6314; Code 2002, § 118-46. Ord. No. 854; Ord. No. 11-7)

Article III. Owner’s Permits

5.95.100 Owner’s permit required; number of taxicabs authorized.

(a) Owner’s permit required. It shall be unlawful for any person to own or operate any taxicab in the city unless the person has first obtained an owner’s permit pursuant to the provisions of this article.

(b) Number of taxicabs authorized. The City Council finds that the public convenience and necessity require that one taxicab be available for approximately each 2,400 residents or a portion thereof. The holder of a taxicab owner’s permit shall have a minimum of five taxicabs as provided in section 5.95.110(a)(6) of this Code.

(Code 1965, § 6321; Code 2002, § 118-54. Ord. No. 854; Ord. No. 11-7)

5.95.110 Application for owner’s permit.

(a) The application for said owner’s permit shall be in writing, executed under penalty of perjury, and filed with the Chief of Police, along with permit fees as described in section 5.95.140. Such application shall contain the following:

(1) The full name and identification of the applicant and all persons who will be financially interested, whether directly or indirectly, in the permit;

(2) The residence, business address, and citizenship of the applicant, including all members of any firm or partnership, or if the applicant is a corporation, the same information for all officers and directors and of any shareholders owning 20 percent or more of the voting stock of the corporation;

(3) The address or location where the applicant intends to store, park and service the applicant’s vehicles, if different than the business address given, pursuant to subsection (2) of this section;

(4) The exact nature of the proposed business for which the permit is requested and the name under which it is to be operated;

(5) Whether or not any permit to operate a taxicab in any jurisdiction has been revoked and, if so, the circumstances of such revocation;

(6) Proof that a taxi owner applicant is prepared to operate with at least five four-door vehicles large enough to assure the comfort and safety of the passenger(s);

(7) A complete description of the vehicles proposed to be operated, including manufacturer, model, year of manufacture, license number, horsepower, type of brakes, type of steering, passenger capacity, modifications of factory equipment, and a detailed description of the type and nature of the proposed operation;

(8) The color scheme and characteristic insignia to be used to designate the vehicles of the owner;

(9) Such other information as the Chief of Police, in his discretion, deems reasonably necessary to process the application, to conduct an adequate background investigation, and to determine the safety of the vehicle, as well as the service to be rendered.

(10) An agreement to indemnify, defend, and hold the City harmless against any and all liability arising from the operation of the vehicles to be covered by the owner’s permit.

(b) It shall be the obligation of the owner to update the Police Department within seven (7) business days when any of the information required to be submitted in accordance with subsection (a) above is subject to change.

(Code 1965, § 6322; Code 2002, § 118-55. Ord. No. 854; Ord. No. 11-7)

5.95.120 Granting or denial of owner’s permit.

(a) After receiving the owner’s application, the Chief of Police will conduct an investigation thereon. Within 90 days of completing the investigation the Chief of Police shall either grant or deny the application for a permit. If the Chief of Police denies the application, such denial shall be based on one or more of the following:

(1) Any taxicab proposed to be operated is inadequate or unsafe for the purpose intended;

(2) The applicant or any person financially interested in the application has been convicted of a felony or of any penal law involving moral turpitude;

(3) The applicant has falsified his application;

(4) The proposed color scheme or characteristic insignia will tend to confuse the identification of the vehicles proposed to be operated with those of another owner operating in the city;

(5) The name under which the applicant proposes to operate will tend to cause confusion with that of another owner operating in the city;

(6) The applicant cannot procure insurance as required by sections 5.95.340 and 5.95.350 of this Code;

(7) The applicant does not have adequate facilities for parking, storage and servicing of its taxicabs;

(8) Granting the applicant an owner’s permit would exceed the number of taxicabs permitted to operate within the city as provided in section 5.95.100(b);

(9) In the case of a renewal application, the holder of the owner’s permit, after hearing, failed to comply with the advertising requirements of Government Code section 53075.9.

(b) If the Chief of Police approves the permit, failure of the applicant to place the taxicab into service within 30 days after approval shall subject the applicant to permit revocation proceedings pursuant to section 5.95.170.

(c) Upon issuance of the permit, the Chief of Police shall cause a notice to be served on other holders of owner’s permits of taxicabs within the city that a permit has been granted. Said notice shall inform the holders of those permits of the right to appeal to the City Manager or their designee and on what grounds an appeal can be considered.

(Code 1965, § 6323; Code 2002, § 118-56. Ord. No. 854; Ord. No. 87-21; Ord. No. 11-7)

5.95.130 Contents of owner’s permit.

If such permit is granted, it shall contain the following provisions:

(1) The name of the permittee;

(2) The term for which the permit is granted, however, the city may periodically review the records and operation of the operator to determine if the owner is complying with this article and may act accordingly;

(3) A brief description of each vehicle and a statement of the maximum seating capacity of each such vehicle which the permittee is permitted to operate;

(4) The number of taxicabs to be operated by the owner, and that the owner shall procure prior approval by the Chief of Police, before operating any additional taxicabs over and above the number granted and under the original permit herein. The Chief of Police shall develop a policy for allocating available taxicabs among the permittee’s authorized to operate within the City.

(5) Such conditions or additional matters as the Chief of Police may deem necessary or proper;

(6) No permit shall be issued to any person unless such person shall have filed with the office of the City Clerk a certificate of insurance as evidence of automobile liability insurance providing bodily injury liability limits of not less than $100,000 for each person, and $300,000 for each accident or occurrence, and property damage liability of not less than $50,000. The insurance obtained by the permittee shall comply with the requirements of sections 5.95.340 through 5.95.350 inclusive.

(Code 1965, § 6324; Code 2002, § 118-57. Ord. No. 854; Ord. No. 86-17; Ord. No. 11-7)

5.95.140 Fee for owner’s permit.

(a) Amount. Permit fees for taxicabs shall be the amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.

(b) Due date. Permit fees are payable annually on January 1.

(Code 1965, § 6325; Code 2002, § 118-58. Ord. No. 854; Ord. No. 16; Ord. No. 95-6; Ord. No. 11-7)

5.95.150 Business license.

Notwithstanding the provisions contained in this article, the applicant shall, unless exempt therefrom, procure a city business license pursuant to chapter 5.05, of this Code.

(Code 1965, § 6326; Code 2002, § 118-59. Ord. No. 854; Ord. No. 95-6; Ord. No. 11-7)

5.95.160 Term of owner’s permit; posting; renewal; transfer.

(a) Term. An owner’s permit issued pursuant to this article shall be for a calendar year and signed by the Chief of Police. Such permit shall be posted conspicuously in the owner’s principal place of business located within the city. Such permit shall expire on December 31 in the year it was issued.

(b) Renewal. An owner’s permit may be renewed by filing with the Chief of Police an application for renewal at least 30 days prior to expiration. The renewal application shall set forth the information requested in the original application. Said application for renewal shall be subject to investigation pursuant to section 5.95.110 of this Code. Renewal applications must be made prior to expiration of issued owner’s permit. If owner’s permit is renewed after expiration date, the application will be considered as new.

(Code 1965, § 6327; Code 2002, § 118-60. Ord. No. 854; Ord. No. 11-7)

5.95.170 Suspension or revocation of owner’s permit.

(a) A permit issued to an owner under this article may be suspended immediately upon a finding by the Chief of Police that the holder has engaged in conduct that presents an immediate risk to the continued health, safety, and/or welfare of the general public. Any suspension may be appealed per the terms of this Article.

(b) A permit issued to an owner under this article may be revoked for cause by the Chief of Police or his designee, after notice and hearing, for any of the reasons specified as grounds for denial of the issuance of the permit, for violation of any of the provisions of this article, for failure to procure insurance or renew insurance or update the schedule of insured vehicles as required under this article, or for failure to pay any judgment for damages arising out of the operation of vehicles for which permits have been issued pursuant to this article.

(Code 1965, § 6328; Code 2002, § 118-61. Ord. No. 854; Ord. No. 11-7; Ord. No. 95-6)

Article IV. Driver’s Permits

5.95.180 Driver’s permit required.

It shall be unlawful for any person to operate any taxicab in the city unless he has a valid taxicab driver’s permit as herein provided.

(Code 1965, § 6337; Code 2002, § 118-69. Ord. No. 854; Ord. No. 11-7)

5.95.190 Qualifications of applicant for driver’s permit.

Each applicant for a driver’s permit must:

(1) Be a person of good moral character. In making this determination, the following factors shall be considered:

a. Whether the applicant has been convicted of an offense involving the use of force or violence upon the person of another;

b. Whether the applicant has been convicted of an offense involving moral turpitude;

c. Whether the applicant has intemperate habits or a bad reputation for trust, honesty, and integrity;

d. Whether the applicant has been refused or has had revoked any license or permit by any governmental agency or entity for lack of good moral character;

e. Whether the applicant has knowingly made false, misleading, or fraudulent statements of fact in this application or any other document required for a driver’s permit;

f. Whether the applicant has a driving record that has less than three convictions for moving traffic violations during the year prior to application;

g. Whether the applicant has had any convictions for driving under the influence of alcohol or drugs during the five years prior to application;

h. Whether the applicant has had any convictions for hit-and-run driving or reckless driving the five years prior to application;

i. Whether the applicant has any record of a commitment or detention under Welfare and Institutions Code § 5150.

(2) Be of the age 21 years or over, unless otherwise approved by the Chief of Police;

(3) Be of sound physique with good eyesight and not suffering from or being treated for epilepsy, vertigo, heart trouble, or any other infirmity of the body or mind, and not addicted to the use of intoxicating liquor, or illegally using amphetamines, barbiturates, hypnotic drugs, or narcotics which might render him unfit for the safe operation of a taxicab;

(4) Be clean in dress and person;

(5) Have a valid California driver’s license of the proper class which authorizes the driver to operate a taxicab;

(6) Be able to provide proof of employment, or an offer of employment, as a taxicab driver in the City of Concord.

(Code 1965, § 6338; Code 2002, § 118-70. Ord. No. 854; Ord. No. 87-21; Ord. No. 11-7)

5.95.200 Application for driver’s permit; renewal of permits.

(a) Application for each driver’s permit shall be filed with the Chief of Police, along with application fee as described in section 5.95.210. The application shall be in writing and made under penalty of perjury. Said application shall set forth the name, age, and address of the applicant, the applicant’s past experience in operating automobiles, the names and addresses of the applicant’s employers during the preceding period of three years, places of residence for two years preceding the application, whether or not an operator’s license issued to the applicant by the state or any state or government agency has ever been revoked or suspended, the endorsement of the owner by whom the applicant is to be employed as a driver, the physical description, weight, height, and color of eyes and hair, and such additional information as the Chief of Police may reasonably require to determine the applicant’s driving record. Upon satisfying the foregoing requirement, said applicant shall be fingerprinted and the applicant’s record filed by the Chief of Police.

(b) Renewals.

(1) A permittee may apply for a permit renewal by submitting to the Chief of Police, before the expiration of his driver’s permit, a renewal application and a non-refundable renewal fee in an amount set forth in the Resolution Establishing Fees and Charges for Various Municipal Services. Said application for renewal shall be subject to investigation pursuant to section 5.95.190 of this Code and shall require applicant to submit to fingerprinting at the time of submitting the renewal application. If there are no material changes and the provisions of sections 5.95.190, 5.95.200, and 5.95.210 of this Code have been satisfied, the Chief of Police shall renew the permit and issue a new driver’s permit.

(2) Renewals must be made prior to expiration of issued driver’s permit. If driver permit is renewed after expiration date, application will be considered as new. The term of each driver’s permit shall be through December 31st of the calendar year it was issued.

(Code 1965, § 6339; Code 2002, § 118-71. Ord. No. 854; Ord. No. 11-7)

5.95.210 Fee for driver’s permit.

(a) Application and renewal fees for driver’s permits shall be the amounts set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.

(b) Permit renewal fees are payable annually from the date of issuance.

(c) No application fee shall be required of an applicant for a driver’s permit if said person has had additional or other driver’s permits issued to such applicant during the 12 months immediately preceding by the city. However, if a background investigation is required of an applicant, then the application fee shall be collected.

(Code 1965, § 6341; Code 2002, § 118-72. Ord. No. 854; Ord. No. 11-7)

5.95.220 Granting or denial of driver’s permit.

The Chief of Police shall investigate said applicant and, after such investigation, shall either grant or deny the permit. Any person whose application has been denied may, within ten days after said denial, appeal to the City Manager or the City Manager’s designee.

(Code 1965, § 6342; Code 2002, § 118-73. Ord. No. 854; Ord. No. 11-7)

5.95.230 Posting of driver’s permit.

The driver’s permit shall be carried by the permittee at all times he is driving a vehicle as described in this article and posted in a place conspicuous from the passenger’s compartment of the taxicab while said driver is operating such vehicle.

(Code 1965, § 6343; Code 2002, § 118-74. Ord. No. 1025; Ord. No. 11-7)

5.95.240 Transfer of driver’s permit.

A driver’s permit issued hereunder shall be nontransferable from person to person.

(Code 1965, § 6344; Code 2002, § 118-75. Ord. No. 854; Ord. No. 1025; Ord. No. 17; Ord. No. 11-7)

5.95.250 Notification of change of address of person holding driver’s permit.

Every person holding a taxicab driver’s permit shall at all times keep the Chief of Police notified of his residence address. He shall notify the Chief of Police, in writing, of any change in said address within ten days after such change is made.

(Code 1965, § 6345; Code 2002, § 118-76. Ord. No. 854; Ord. No. 1025; Ord. No. 11-7)

5.95.260 Notification of change of driver’s employment.

If a driver changes his employment to employment by a different owner, he shall, within 24 hours thereafter, notify the Chief of Police for the purpose of having his driver’s permit changed so as to properly designate the name of the new employer. Transfer fees shall be the amounts set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.

(Code 2002, § 118-77. Ord. No. 11-7)

5.95.270 Conditions of driver’s permit.

All driver’s permits shall indicate the name of the driver’s employer on the permit, and shall limit the driver to operate a taxicab of the employer whose name is set forth on the permit. Every driver’s permit shall expire on December 31st of the calendar year it was issued.

(Code 2002, § 118-78. Ord. No. 11-7)

5.95.280 Suspension or revocation of driver’s permit.

(a) The Chief of Police shall have the power to suspend any driver’s permit issued hereunder in the event the holder thereof either is arrested, charged, or cited for any violation of the Vehicle Code punishable by suspension of driver’s license, or violates section 5.95.190 of this article. In addition, a permit issued to a driver under this Article may be suspended immediately upon a finding by the Chief of Police that the holder has engaged in conduct that presents an immediate risk to the continued health, safety, and/or welfare of the general public. Any suspension may be appealed per the terms of this Article.

(b) Any person holding a driver’s permit who is adjudged guilty of violating any section of the Vehicle Code punishable by suspension or revocation of his driver’s license, or of a physical assault, or battery upon a person, may have his driver’s permit revoked by the Chief of Police. Prior to any revocation action being taken by the Chief of Police under this section, the driver shall be entitled to a hearing before the City Manager, or his designee, who shall receive evidence and render his decision within seven (7) days after the hearing is closed.

(Code 2002, § 118-79. Ord. No. 11-7)

5.95.290 Surrender of driver’s permit on leaving employment.

Except as provided in section 5.95.260, the owner of any taxicab operating under a permit from the city shall confiscate the driver’s permit of any driver leaving his employ and within five days shall notify and forward said permit to the Police Department.

(Code 2002, § 118-80. Ord. No. 11-7)

Article V. Maintenance and Operation of Taxicabs

5.95.300 Taximeter; fares; dispatch system; minimum number of vehicles in operation.

(a) Failure to have operative taximeter. It shall be unlawful for any person to operate a taxicab without a properly operating taximeter.

(b) Standards for taximeters. All taxicabs operated under the authority of this article shall be equipped with taximeters which conform to all applicable state laws and regulations and shall be sealed by the county Sealer of Weights and Measures. All taximeters shall be located in the driver’s compartment in such a manner as to be visible to the passengers at all times, day and night, and after sundown the face of the taximeter shall be illuminated. The taxicab shall also be equipped with an overhead light which shall go out when the flag on the taximeter is placed in a recording position. The taximeter shall be sealed and operated mechanically driven either from the transmission or from one of the wheels. Each taximeter shall have thereon a flag or other means to denote when the vehicle is employed and when it is not employed. The driver shall throw the flag or place such taximeter into a nonrecording position upon the termination of each trip. The said taximeter shall be subject to inspection at any time by the Police Department and/or the county Sealer of Weights and Measures. Within 24 hours after a taximeter has been repaired, adjusted, or installed, the operator of the taxicab shall notify the County Sealer and request that he test it for accuracy.

(c) Posting of fares. There shall be displayed in the passenger compartment of each taxicab, in full view of the passenger, a card not less than two inches by four inches in size, which shall have plainly printed thereon the name of the owner, the business address and telephone number of the owner, and a correct schedule of the rates to be charged for conveyance in the vehicle, including charges for waiting time and/or delivery of goods without a passenger. The card shall also contain the following notation: “Any complaints regarding service rendered may be made to the Concord Police Department Parking Services Unit, 925-671-3259.”

(d) Maximum rates of fare. It shall be unlawful for the owner or driver of any taxicab, as defined in this article, to fix, charge, or collect a rate in excess of the rate schedule as set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.

(e) Rate hearing. Before any taxicab rate is adopted or modified, there shall be a public hearing by the City Council. The procedure for filing, fee, notice, date, and place of hearing shall be in accordance to the provisions of section 2.05.040 of this Code.

(f) Deduction from fare in case of breakdown. In case any taxicab shall become disabled or break down, while conveying passengers for hire, the time of stoppage shall be deducted from the time charged for.

(g) Telephone and two-way radio dispatch system; global positioning system.

(1) A comprehensive and adequate telephone and two-way radio dispatch system will be maintained at all times on a 24-hour basis. Such system shall include, either on the owner’s premises or by a business elsewhere under contract to the owner, the operation of a telephone answering line and an operator in charge thereof devoted to primarily and promptly answering telephone calls requesting cabs and to dispatching cabs by radio in response to such calls. The owner may propose an alternative dispatch system which shall be reviewed and approved by the Chief of Police who shall determine if the proposed alternative meets the requirements of this section. The owner will have ninety (90) days, from the date of permit issuance, to have the telephone and two-way radio dispatch system in operation. The Chief of Police may extend the time for compliance on a showing that, for reasons beyond the control of the owner, compliance is not possible within ninety (90) days. In the interim, the owner will have, in place, an adequate system to handle calls for service, i.e., cellular telephone, answering service, or pager. Failure to comply with this requirement is grounds for immediate suspension or revocation of the owner’s permit.

(2) All drivers shall be required to maintain a functioning, hands-free global positioning system (GPS) at all times while operating a taxicab.

(h) Minimum number of vehicles.

(1) The owner shall at all times maintain, in a fully operable condition, at least 80 percent of the total number of taxicabs for which an owner’s license has been granted.

(2) The owner shall have in operation, immediately available for taxicab service, the following minimum number of taxicabs for which an owner’s license has been granted:

a. Monday through Friday, excluding holidays: Weekdays


3:00 a.m. to 6:00 a.m.	1 cab per company	9 cabs in service throughout the City
6:00 a.m. to10:00 a.m.	2 cabs per company	18 cabs in service throughout the City
10:00 a.m. to 6:00 p.m.	3 cabs per company	27 cabs in service throughout the City
6:00 p.m. to 3:00 a.m.	2 cabs per company	18 cabs in service throughout the City

b. Holidays and weekends:


7:00 a.m. to 10:00 p.m.	2 cabs per company	18 cabs in service throughout the City
10:00 p.m. to 6:00 a.m.	3 cabs per company	27 cabs in service throughout the City
6:00 a.m. to 12:00 p.m.	2 cabs per company	18 cabs in service throughout the City
12:00 a.m. to 7:00 a.m.	1 cab per company	9 cabs in service throughout the City

(Code 2002, § 118-88. Ord. No. 11-7)

5.95.310 Identification on vehicles.

Each taxicab so licensed shall have, on both sides and rear of the vehicle, the name of the owner, or name under which operated, the word “Concord,” and the number assigned to such vehicle by the Chief of Police. The type, design, and size required therefor shall be designated by the Chief of Police. At the time of the issuance of a permit for the operation of any vehicle hereunder, the Chief of Police shall assign a number to and for that vehicle.

(Code 2002, § 118-89. Ord. No. 11-7)

5.95.320 Maintenance and operating regulations.

(a) Inspection of vehicles. Before a permit is issued or renewed to any owner, the owner must submit, to the Chief of Police, a completed taxicab inspection form showing that each vehicle to be permitted has successfully passed a safety inspection by both a licensed brake inspection station and the city Police Department taxicab inspection within the last thirty (30) calendar days.

(b) Right of police to enter vehicles. The Chief of Police, or any member of the Police Department under his direction, shall have the right, at any time after displaying proper identification, to enter into or upon any licensed taxicab for the purpose of ascertaining whether or not any of the provisions of this article are being violated and is authorized to effectuate an arrest for misdemeanor violations pursuant to Penal Code section 836.5.

(c) Removal of unsafe vehicles from service. Any permitted vehicle observed in operation within the city limits with a visible mechanical violation may be ordered out of service by the Chief of Police or his designee if the violation could result in a citation being issued. The mechanical problem is to be corrected by the following work day and the vehicle shall not be placed into service until it has been inspected by a member of the Concord Police Department Parking Services Unit. A reinspection fee may be charged pursuant to this section.

(d) Cleaning of vehicles. The interior of each taxicab shall be thoroughly cleaned at least once in each 24 hours.

(e) Use of most direct route required. The driver of any taxicab employed to transport passengers to a definite point shall take the most direct route possible that will safely carry the passenger to his destination.

(f) Refusal to pay fare. It shall be unlawful for any person to refuse to pay the lawful fare as fixed of any of the vehicles regulated by this article after employing or hiring the same. Any person so doing shall be guilty of a misdemeanor.

(g) Passenger maximum. No driver of any taxicab shall accept or take into his vehicle or transport any larger number of passengers than the lesser of either the rated seating capacity of or the number of operable seat belts in the vehicle.

(h) Exclusive use of taxicab by passengers. When a taxicab is engaged, the person or persons first hiring same shall have the exclusive right to the full and complete use of the passenger compartment and it shall be unlawful for the owner or driver of such vehicle to solicit additional passengers contrary to such right. Notwithstanding the foregoing, whenever the Chief of Police, or his representative, find that public necessity temporarily requires the grouping of passengers in taxicabs, permission may be granted by the Chief of Police, or his representative, for such grouping.

(i) Window blinds prohibited. It shall be unlawful for the driver of any taxicab to cause or permit any shade or blind to be drawn over any window of such vehicle while the same is occupied.

(j) Operable door handles and locks. The interior and exterior handles and locks for each door of the taxicab must be in good working condition and operable by passengers at all times. Failure to maintain handles and locks in working condition shall subject the taxicab to mandatory removal from service until such time as the inoperable items are repaired.

(k) Extra vehicular units. Any extra units maintained or otherwise kept by the permittee shall be used only if the regular unit is not available for service. All extra vehicular units must be inspected and permitted prior to being put into service. The following log is to be kept, covering each extra vehicular unit owned, maintained, or otherwise operated by the permittee:

(1) Number of the unit spare is replacing;

(2) On and off mileage of both units;

(3) Dates and times the extra units are used.

This log information shall be subject to inspection by the Police Department at any time.

(l) Reinspection fees. Whenever a taxicab has, as a result of an inspection by the Chief of Police or a member of the Police Department, under this section, been determined to not meet the requirements of this article and the vehicle is required to be reinspected for correction of such identified defects, then the owner of such vehicle shall pay, for each such reinspection, the fee set forth in the Resolution Establishing Fees and Charges for Various Municipal Services. The fee shall be paid prior to the reinspection.

(Code 2002, § 118-90. Ord. No. 11-7)

5.95.330 Liability insurance required.

It shall be unlawful to drive or operate any taxicab in the city unless the owner thereof shall have obtained a motor vehicle liability insurance policy or policies from an insurance company authorized to issue such policies under the laws of the state, insuring the vehicle operation by the owner and covering each vehicle insured under such policy or policies. Each vehicle insured shall be designated by number and state license number. Such policy of insurance shall guarantee the payment to any and all persons suffering injuries or damage to personal property of any final judgment rendered against such owner or driver with the limits as set forth in section 5.95.130(6). Evidence of such insurance shall be by written certificate or certificates of such insurance corporation, including a separate endorsement naming the city as an additional insured, filed with the City Clerk. Failure to maintain motor vehicle liability insurance as provided herein shall be grounds for immediate suspension of the owner’s permit to operate.

(Code 2002, § 118-91. Ord. No. 11-7)

5.95.340 Provisions of liability insurance policy.

Each motor vehicle liability policy required under the provisions of section 5.95.330 of this article, in addition to the provisions required therein under the laws of the state, shall provide coverage under the National Standard Liability Form or other form as approved by the City Attorney and shall also provide that:

(1) Such policy covers a schedule of any and all taxicabs which may be driven or operated by or for the owner insured under the policy;

(2) Such policy insures the owner, as defined in this article, and any other person driving, using, or responsible for the use of any taxicab covered by the policy, whether with or without the consent, expressed or implied, of the owner and also the city, against loss from liability for injury to, or death of, any person or damage to property arising from or growing out of the maintenance, operation, or ownership of any vehicle covered by the policy in the amount set forth therefor in section 5.95.130(6);

(3) Such policy is to be a continuing liability up to the full amount thereof, notwithstanding any recovery thereon;

(4) Such policy, in the event of the death of the owner, inures to and is for the benefit and protection of his successors in interest who may continue the operation of the taxicab service.

(Code 2002, § 118-92. Ord. No. 11-7)

5.95.350 Liability insurance certificate.

Each certificate required under the provisions of section 5.95.330 of this article shall certify that the issuer thereof has issued a motor vehicle liability insurance policy or policies insuring the owner named in the certificate, and that each of the policies contains each of the provisions required to be therein as provided by section 5.95.340 of this article, and that none of the policies can or will be canceled, except upon 30 days’ prior written notice thereof to the City Clerk. All such certificates shall be subject to the approval of the City Attorney.

(Code 2002, § 118-93. Ord. No. 11-7)

5.95.360 Tripsheets.

(a) The driver of each taxicab shall keep a separate tripsheet of every service rendered as such driver, which tripsheet shall include the following information:

(1) Location where passengers entered vehicle;

(2) Time of entry;

(3) Number of passengers;

(4) Location where passengers were discharged;

(5) Amount of fare collected.

(6) Tripsheets being maintained by “on duty” drivers shall be surrendered for inspection to any police officer or designee of the Chief of Police upon request.

(b) The owner of every such taxicab shall keep said tripsheet in the office files for a period of one year after date of service rendered, and the same shall at all convenient times be open to examination by any representative of the Chief of Police. Office files must be maintained at the business address pursuant to the owner permit application. The falsifying of any tripsheet by an owner or by a driver shall be grounds for revocation of his permit.

(Code 2002, § 118-94. Ord. No. 11-7)

5.95.370 Taxicabs from other municipalities not to accept passengers in city.

The driver of a taxicab authorized to operate in any other municipality or political subdivision to a destination within or beyond the city limits of the city shall not seek or accept passengers within the city. Violation of this section will be charged the fee set forth in the Resolution Establishing Fees and Charges for Various Municipal Services.

(Code 2002, § 118-95. Ord. No. 11-7)

5.95.380 Taxicab stands.

(a) In the permit granted under the provisions of this article, there shall be designated a certain place or places where the permittee shall be allowed to stand the vehicle operated by him as a taxicab while awaiting employment. Such permit shall also state the number and kind of vehicles for which the permit is granted.

(b) The Chief of Police shall, in his sound discretion, determine the location of stands and the number granted to each owner; provided, however, that not more than one stand per owner shall be located upon both sides of a street within the limits of any one block. The Chief of Police shall have the power, in his sound discretion, to designate certain stands as public stands.

(c) The owner shall not permit any vehicle owned by him nor shall any driver cause any such vehicle to stand on any street while awaiting employment at any place other than the stand for which a permit has been granted to him as herein provided.

(d) Any stand designated by the Chief of Police, as provided herein, may be revoked at his pleasure; and it shall be unlawful for a permittee to occupy said stand with a taxicab after such revocation has been made and notice thereof given.

(e) No taxicab not currently in service shall be parked unoccupied or stored on a city street for more than 30 minutes. If the taxicab is immobilized due to mechanical failure, it shall be removed within 12 hours of the mechanical failure. All out of service taxicabs shall be parked or stored on private property. Taxicabs out of service due to mechanical failure shall not be stored in a residential area unless secured out of sight in a garage.

(Code 2002, § 118-96. Ord. No. 11-7)

5.95.390 Unattended vehicles in street stands prohibited.

No owner shall permit any taxicab operated by him and no driver shall cause any such vehicle to be parked unattended in any street stand for a period of time exceeding five minutes.

(Code 2002, § 118-97. Ord. No. 11-7)

5.95.400 Refusal to carry passenger.

Except as provided in section 5.95.320(h), no driver of any taxicab in the city shall at any time, unless said vehicle is filled to legal capacity, refuse to carry any person offering himself to be carried and tendering the fare for the same to any place in the route of said vehicle; provided, however, that such driver shall refuse permission to any person who is conducting himself in a boisterous or otherwise unruly manner.

(Code 2002, § 118-98. Ord. No. 11-7)