Chapter 5.44 TAXICABS

A. “Blanket permit” means a letter published by the police chief accepting in place of its own permits the individual driver permits issued by a governmental agency other than the city.

B. “Certificate” means a public convenience and necessity certificate issued pursuant to this chapter.

C. “City driver’s permit” means an identifying card approved by the police chief for each operator or driver identified as such in the application which has been filed with the planning division of the community development department. This permit shall have printed on it “not transferable,” “valid only in the City of Covina,” and “good until revoked or suspended or termination of employment.” Upon termination of employment, suspension or revocation, the city driver’s permit shall be surrendered to the licensee who will immediately forward the same to the police chief.

D. “Cruising” means the driving of a taxicab on the streets, alleys or public places in the city in search of or soliciting prospective passengers for hire.

E. “Other agency permit” means a permit issued by a governmental agency other than the city.

F. “Taxicab” means every automobile or motor-propelled vehicle by means of which members of the general public are transported for hire upon any public street in the city, and not over a regular or defined route, and irrespective of whether the operation extends beyond the boundaries of the city or not.

G. “Taximeter” means a mechanical instrument or device by which the charge for hire of a passenger-carrying motor-propelled vehicle is mechanically registered, calculated or indicated by means of figures in accordance with the distance traveled or the time elapsed, or waiting time or both. (Ord. 96-1800 § 1, 1996; 1964 Code § 26.1.)

5.44.020 Certificate – Required.

No person shall engage in the business of providing taxicab service or of operating a taxicab upon any public street within the city without having obtained a public convenience and necessity certificate from the city council in accordance with the provisions set forth in this chapter, and without complying with or having complied with all the provisions of this chapter and all other ordinances of the city. (1964 Code § 26.2.)

5.44.030 Certificate – Application.

Any person desiring to obtain a certificate required by CMC 5.44.020 shall submit to the planning division of the community development department of the city an application which the department shall convey to the city council for hearing and which sets forth the information described in subsections (A) through (G) of this section:

A. The name and address of the applicant, and if the same is a corporation, the names of its principal officers, or if the same is a partnership, association or fictitious company, the names of the partners or persons comprising the association or company with the address of each;

B. A complete schedule of the fares or rates to be charged;

C. A description of every motor vehicle which the applicant proposes to use, giving:

1. Trade name and year model,

2. Motor and serial number,

3. State license number,

4. Seating capacity,

5. Body style;

D. The street number and exact location of the place where the applicant proposes to conduct such business;

E. The name of the legal and registered owner of each such vehicle;

F. The distinctive color scheme, name, monogram and insignia which will be used on such vehicles;

G. Such further information as the city council may require. (Ord. 96-1800 § 2, 1996; Ord. 1281 § 1, 1974; 1964 Code § 26.3.)

5.44.040 Certificate – Hearing.

Upon receipt of any certificate application referred to in CMC 5.44.030, the city council shall set a time not less than 10 or more than 30 days thereafter for the hearing of the application before the city council, and shall give notice of the time so set at least five days before the date of the hearing to the applicant by mail, at the address set out in such application, and by publication of notice of such application and the date of hearing in a newspaper in the city on one day of publication in accordance with State Government Code § 6061. (Ord. 96-1800 § 3, 1996; 1964 Code § 26.4.)

5.44.050 Certificate – Issuance.

At the time set for the hearing of a certificate application, the city council may examine the applicant and all persons interested in the matter set forth in the application and shall determine whether or not the public interest, convenience and necessity require the issuance of the certificate applied for, and if the city council so finds, it shall by resolution order the finance department to issue a business license and certificate in accordance with the application, subject to the filing and approval of insurance, as provided for in CMC 5.44.060(E), and subject to such conditions as may be imposed by the resolution, including the minimum and maximum number of vehicles that may be used. The business license fee shall be paid at the time the business license and certificate are issued by the finance department. (Ord. 96-1800 § 4, 1996; Ord. 1281 § 1, 1974; 1964 Code § 26.5.)

5.44.060 Certificate – Grounds for denial.

Any of the following reasons shall be sufficient for denial of a certificate:

A. That the application does not contain the information required to be contained therein by this chapter;

B. That the vehicles described do not meet the requirements set forth in the Vehicle Code of the state in regard to safety;

C. That the color scheme, name, monogram or insignia to be used upon such motor vehicles is in conflict with or imitates any color scheme, name, monogram or insignia used by any person in such manner as to be misleading or tend to deceive or defraud the public;

D. That the applicant has at some prior time had such a certificate or similar certificate issued by any other city revoked for any reason;

E. That the applicant fails to provide insurance for bodily injury in the amount of $1,000,000 for each person and $1,000,000 for each accident and insurance for property damage in the amount of $1,000,000 for each accident;

F. That it appears to the city council that the granting of more certificates would unduly congest the traffic and interfere with the free use of the public streets by the public, and that the public interest, convenience and necessity do not require the issuance of such certificate. (Ord. 96-1800 § 5, 1996; Ord. 91-1724 § 1, 1991; 1964 Code § 26.6.)

5.44.070 Certificate – Revocation.

Any certificate granted under provisions of this chapter may be revoked by the city council, either as a whole or as to any car described therein, or as to the right to use any distinctive color, monogram or insignia, after five days’ notice to the certificate holder requiring him to appear at a certain time and place to show cause why the certificate should not be revoked for any of the following reasons:

A. That the undertaking or insurance provided for in CMC 5.44.060(E) has not been given or has been withdrawn or lapsed for nonpayment of premium, or is not in force for any reason;

B. For the nonpayment of any business license fee;

C. For failure to observe any of the rules and regulations or provisions set out in this chapter, in the certificate or in the resolution authorizing the issuance of the certificate;

D. For the violation of any laws involving moral turpitude by any certificate holder, operator or driver of any taxicab covered by such certificate;

E. For failure to use a distinctive color, monogram or insignia described in the application, or for deviation from the schedule of rates and fares set forth in the application, or for voluntarily discontinuing operations for five days or more;

F. For any cause which in the opinion of the city council makes it contrary to public interest, convenience and necessity for the certificate to be continued. (1964 Code § 26.7.)

5.44.080 Certificate – Application for change.

In the event that any certificate holder desires to change his or her schedule of rates or charges or the color scheme, name, monogram or insignia used on the taxicabs described in the application, or to substitute any vehicle for or in place of a vehicle described in the application, or to increase or decrease the number of vehicles used by him or her as taxicabs, he or she shall make application for permission to do so to the city council, which permission shall be granted if in its discretion the city council deems that the public interest, necessity and convenience will be served by the change, and if the certificate holder has complied with all provisions of this chapter. (Ord. 96-1800 § 6, 1996; 1964 Code § 26.8.)

5.44.085 Employee records.

Every certificate holder shall maintain and make available for inspection to the police chief or his authorized representative, upon reasonable request during normal business hours, the employee records of all current taxicab drivers showing name, date of hire and date of issuance of driver’s permit by the city or by another approved government agency as set forth in CMC 5.44.090(B). (Ord. 96-1800 § 7, 1996; Ord. 1660 § 1, 1988.)

5.44.090 City driver’s permit – Issuance conditions – Other agency permit.

No person shall drive or operate a taxicab in the city without first obtaining either a city driver’s permit in writing to do so as provided for in this chapter, or a permit issued by a governmental agency other than the city whose driver permitting process has been formally approved by the city police department, and whose permits will be accepted by the city police department in lieu of city permits.

A. In cases where the police department will not accept the driver permits of a governmental agency other than the city, any person desiring to obtain such driver’s permit shall make a written application through the finance department of the city, submit photographs and fingerprints as described in CMC 5.44.100, and submit to controlled substances and alcohol testing as required by state law and as described in CMC 5.44.102, and no city driver’s permit shall be valid until approved by the police chief. No city driver’s permit shall be issued to any person under the age of 18 years, or to any person who has been convicted of a felony or a misdemeanor involving moral turpitude, or to any person who within a period of two years immediately preceding such application has been convicted of reckless driving or driving a vehicle upon a highway while under the influence of intoxicating liquors or drugs. No city driver’s permit shall be granted to any person who does not hold a chauffeur’s license issued by the Motor Vehicle Department of the state. Any falsification of the application for the permit shall be grounds for the refusal of the permit.

B. In place of issuing permits itself, the police department may accept the permits issued by another government agency if the police department determines the other agency’s permitting process to be as acceptable as its own permitting process, which process must include a criminal record check as set forth in CMC 5.44.100, a controlled substances and alcohol testing program as set forth in CMC 5.44.102, and a vehicle safety check as set forth in CMC 5.44.105. The certificate holder must apply by letter to the finance department for such an acceptance, which letter must give the name, address, and telephone number of the agency issuing permits to the certificate holder’s drivers, and which letter the finance department will convey to the chief of police. The police department in its turn may conduct such investigations as it deems necessary and may request the transportation section of the planning division to conduct all or part of such investigations. If the police department accepts another agency’s permitting, the police department will issue a blanket permit to the certificate holder in the form of a letter testifying to its acceptance of the other agency’s permitting, specifying the duration of such acceptance, and requiring the certificate holder to provide the police department with monthly lists giving the names of all drivers that will operate within the city using permits issued by the governmental agency approved by the police department. (Ord. 96-1800 § 8, 1996; Ord. 1541 § 1, 1983; Ord. 1281 § 1, 1974; 1964 Code § 26.9.)

5.44.092 Blanket permit – Limiting duration of blanket permit – Amending or revoking blanket permit – Requiring drivers to obtain city driver’s permit.

At the time it grants a blanket permit that recognizes the permitting authority of a governmental agency other than the city, the police department may specify the duration of the blanket permit; at the end of the specified time period, the police department may extend the blanket permit indefinitely by declining to revoke it formally. At any time after issuing a blanket permit, the police department may, for just cause, revoke the blanket permit or amend it to require one or more drivers of the certificate holder holding the blanket permit to obtain individual driver permits from the city as described in CMC 5.44.090(A), 5.44.100, 5.44.102, and 5.44.105. Just cause includes but is not limited to:

A. The reasons given in CMC 5.44.060(A) through (F);

B. The discovery that a driver of the certificate holder has been convicted of a felony or misdemeanor involving moral turpitude, or has been convicted within two years of the decision to amend or revoke the blanket permit of reckless driving or driving a vehicle upon a highway while under the influence of intoxicating liquors or drugs;

C. The failure of the certificate holder to report to the police department a driver it knows to have been convicted of the violations described in subsection (B) of this section;

D. The failure of the certificate holder to submit monthly lists to the police department naming all drivers who operate within the city using the permits of the noncity governmental agency approved by the police department;

E. The failure of a driver or drivers to abide by the operating rules and regulations described in CMC 5.44.160 and 5.44.170;

F. The discovery that the permitting procedures followed by the approved noncity governmental agency no longer satisfy the requirements of the police department;

G. The discovery that a driver or drivers have tested positive in the other agency’s controlled substances and alcohol testing program, which program is described in CMC 5.44.102. (Ord. 96-1800 § 9, 1996.)

5.44.093 Blanket permit – Denial of individual driver’s right to operate within the city.

The police chief may, citing the reasons for revocation described in CMC 5.44.130 applicable to city-permitted drivers, deny the privilege of operating in the city to a driver or drivers of the certificate holder holding the blanket permit. (Ord. 96-1800 § 10, 1996.)

5.44.100 City driver’s permit – Applicant fingerprinting and photographs – Criminal record investigation.

Before a permit is granted to an applicant, the applicant shall present himself to the police department, furnish two acceptable photographs and be fingerprinted, and one photograph and the fingerprints shall be filed with the records of the police department, which shall investigate the applicant’s criminal record. The remaining photograph shall be affixed to the permit. (Ord. 96-1800 § 12, 1996; 1964 Code § 26.10.)

5.44.102 City driver’s permit – Testing of applicant for controlled substances and alcohol use.

As required by Section 53075.5 of the State of California Government Code (adopted in August 1995), before a city driver’s permit is granted to an applicant, the applicant shall submit to the procedures of a specified controlled substances and alcohol testing program and shall test negative as an outcome of those procedures. In the case of a self-employed independent driver, the testing facility shall report the results directly to the police department, which shall notify the taxicab leasing company of record, if any, of positive results. In all other cases, the results shall be reported directly to the employing transportation operator, which must notify the police department of positive results. (Ord. 96-1800 § 13, 1996.)

5.44.105 City driver’s permit – Vehicle safety check.

Before a permit is granted to an applicant, the applicant shall make his or her vehicle available to the police department, which will inspect the vehicle to make sure it is safe to drive. (Ord. 96-1800 § 14, 1996.)

5.44.110 City driver’s permit – Other agency permit – Display.

Upon obtaining a permit as provided for in this chapter, the driver or operator shall at all times keep the city or other agency permit posted in full view in the vehicle operated by him or her. (Ord. 96-1800 § 15, 1996; 1964 Code § 26.11.)

5.44.120 City driver’s permit – Expiration – Nontransferable – Renewal application – Controlled substances and alcohol testing.

All city permits to operate a taxicab shall expire one year from date of issue. The permits are personal and are not transferable. Applications for renewal shall be made within 30 days before the date of expiration of the permit. As required by Section 53075.5 of the State of California Government Code (adopted in August 1995), before a driver’s permit may be renewed, the applicant for renewal shall submit to the procedures of a specified controlled substances and alcohol testing program and shall test negative as an outcome of those procedures. In the case of a self-employed independent driver, the testing facility shall report the results directly to the police department, which shall notify the taxicab leasing company of record, if any, of positive results. In all other cases, the results shall be reported directly to the employing transportation operator, which must notify the police department of positive results. (Ord. 96-1800 § 16, 1996; 1964 Code § 26.12.)

5.44.130 City driver’s permit – Revocation.

The police chief may revoke or suspend any such permit so issued for any violation of the provisions of this chapter by the holder of such permit or for the existence of any state of facts which would have been a good reason for denying such permit when applied for, whether such state of facts existed at the time the application was made for such permit or came into existence thereafter. (Ord. 96-1800 § 17, 1996; 1964 Code § 26.13.)

5.44.140 City driver’s permit, other agency permit, or blanket permit – Appeal.

In the event of a refusal, revocation or suspension of any permit under this chapter by the police chief, including amendment or revocation of a blanket permit, or denial of the right to operate of a driver or drivers operating under a blanket permit, the applicant or permittee may appeal from the decision to the city council which may, in its discretion, affirm, reverse or modify the rule made by the police chief. (Ord. 96-1800 § 18, 1996; 1964 Code § 26.14.)

5.44.150 Nontransferability of certificates and permits.

No certificate or permit issued under the terms of this chapter shall be transferable, either by contract or by operation of law, without the permission of the city council having been first obtained, and any such attempted transfer shall be sufficient cause for revocation thereof. (Ord. 96-1800 § 19, 1996; 1964 Code § 26.15.)

5.44.160 Operating rules and regulations.

The following rules and regulations shall be observed by all persons operating taxicabs:

A. All taxicabs shall be kept in good mechanical condition;

B. Every taxicab shall have posted in the passenger compartment a schedule of rates and charges for the hire of such vehicle;

C. The operator of any taxicab shall carry any passenger engaging the same safely and expeditiously to his or her destination by the most direct, accessible route;

D. No operator of any taxicab shall solicit or carry any passenger after the taxicab has been engaged or while it is in use by another passenger, without the consent of the passenger first engaging or using the taxicab. A passenger engaging a taxicab shall have the exclusive right to full and free use of the passenger compartment and the whole thereof if he or she desires the same;

E. No charges shall be made by any operator or owner of any taxicab lower than or in excess of the rates posted in the passenger compartment of the vehicle and approved by the city council and as shown by the taximeter;

F. Every taxicab operated in the city shall have located therein a taximeter conspicuously displayed to allow any passenger to observe the same; (Ord. 96-1800 § 20, 1996; Ord. 1281 § 3, 1974; 1964 Code § 26.16.)

5.44.170 Numbering.

Every certificate holder shall designate each of his or her taxicabs by number, and no two taxicabs of any certificate holder shall be designated by the same number. The name or trade name of the certificate holder and the number by which the taxicab is designated shall be printed, stamped or stenciled conspicuously on the outside of each taxicab and in the passenger compartment thereof. (Ord. 96-1800 § 21, 1996; 1964 Code § 26.17.)

5.44.180 Owner’s responsibility.

It is unlawful for the owner, or any other person, employing or otherwise directing the driver of a taxicab, to request, cause or permit the operation of a taxicab upon any public street within the city by any driver who does not have a valid permit to operate a taxicab, whether that permit is issued by the city or by a governmental agency other than the city and approved by the city’s police department. (Ord. 1660 § 2, 1988.)

5.44.190 Authority of city to recover administrative costs.

The city may charge the certificate holder and the certificate holder’s drivers a reasonable fee or fees in order to recover expenses incurred in processing applications, conducting background investigations, and carrying out other administrative tasks associated with the operation of the certificate holder’s taxicabs within the city. (Ord. 96-1800 § 23, 1996.)

For statutory provisions allowing local authorities to license and regulate the operation of any vehicle for hire and drivers of passenger vehicles for hire, see Vehicle Code § 16501; for provisions regarding carrier generally, see Commercial Code § 2805 et seq.; for provisions regarding financial responsibilities, see Vehicle Code § 16500 et seq.