CHAPTER 19
TAXICABS

(This entire chapter of the City Code was replaced with the passage of Ordinance 2006-25 on October 3, 2006.)

19.1 Definitions.

For the purposes of this Chapter, the listed words and phrases shall have the following meanings:

Admitted Insurer. An insurance company entitled to transact insurance business in the State of California as evidenced by a certificate of authority from the Insurance Commissioner.

Certificate. A certificate of public convenience and necessity, issued by the City Council, authorizing the certificate holder thereof to conduct a taxicab business by the operation of one or more taxicabs in the City.

Certificate Holder. A person to whom, or an entity to which, a certificate of public convenience and necessity has been issued.

Chief of Police. The Chief of Police of the City or his or her designee.

Common Carrier. A bus company, railroad or other transportation service, which customarily operates on a fixed route and schedule.

Driver’s Permit. The permit granted by the Chief of Police to a person to drive a taxicab on the streets of the City.

Manifest. A daily record prepared by a taxicab driver of all trips made by such driver, showing time and place of origin, destination, number of passengers and amount of fare of each trip.

Owner. The owner or lessee of one or more taxicabs.

Rate Card. A card issued by the Chief of Police for display in each taxicab, which contains the rates of fare then in force.

Taxicab. A motor vehicle regularly engaged in the business of carrying passengers for hire, having a seating capacity of less than ten persons and not operated on a fixed route. (Ord. 2006-25)

Taximeter. A meter instrument or device attached to a taxicab which measures the distance driven and the waiting time upon which the fare is based.

Waiting Time. The time when a taxicab is not in motion from the time of acceptance of passengers to the time of discharge, but does not include any time that the taxicab is not in motion if due to any cause other than the request, act or fault of passengers.

19.2 Fares - Rates.

It shall be unlawful for the owner or driver of any taxicab to fix or charge or collect a rate in excess of rates set by resolution of the City Council.

Furthermore, the following requirements shall apply to the operation of all taxicabs:

(a) No charge for extra passengers up to four (4). This applies only to those passengers whose point of pickup and point of destination are the same.

(b) When hauling passengers whose points of destination are different, the meter shall be turned back to an upright position each time a passenger is discharged and a fare collected.

(c) All taxicab operators shall be required to give a written receipt for fare received from a customer if a customer demands a receipt.

The rates set pursuant to this section may from time to time be changed or amended by resolution of the City Council. Upon the adoption of any such resolution, the change or amendment therein provided shall become effective.

19.3 Refusal to pay.

It shall be unlawful for any passenger to refuse to pay the driver of any taxicab the legal fare. (Ord. 2006-25)

19.4 Posting of certain information.

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 (2" x 4") in size, which shall have plainly printed thereon the name of the owner or the fictitious name under which the owner operates, the business address and telephone number of the owner, the seating capacity of the taxicab, and a correct schedule of the rates to be charged for conveyance in the vehicle.

19.5 Numbers and lettering on taxicabs.

Each taxicab shall bear a number on the outside of the vehicle at such places and of the type and design prescribed by the Chief of Police.

All taxicabs shall be equipped with and carry a sign in the rear and on the front part of said vehicle bearing the word "TAXI," the letters of which may be either block or gothic type, not less than two inches (2") in height, with stems and lines one-fourth of an inch (1/4") in height. In addition, each vehicle shall carry signs of the same size, on the side doors of each side of such vehicle, identifying the business name of the owner who received the certificate under which the vehicle is operated.

19.6 Inspection of taxicabs.

No taxicab shall be operated in the City unless it contains safety belts in good working order for the use of occupants of the vehicle and otherwise complies with all applicable requirements of City and State codes. Before a certificate of public convenience and necessity is issued to any owner, the taxicab(s) for which such certificate is requested shall be inspected by the County Department of Weights and Measures to determine the accuracy of the taximeters. The Chief of Police shall then inspect such taxicab(s) to ascertain whether such taxicab(s) comply(ies) with the provisions of City codes.

Any member of the Police Department shall have the right at any reasonable time to enter into or upon any taxicab doing business in the City for the purpose of ascertaining whether or not any provisions of the City or State codes are being violated. All taxicabs shall be inspected semiannually by the Chief of Police.

19.7 Operating regulations generally.

(a) Any driver employed to transport passengers to a definite point shall take the most direct route possible that will carry the passenger to his or her destination safely and expeditiously.

(b) Unoccupied taxicabs shall not be operated over public streets in search of or soliciting prospective passengers for hire.

(c) No driver of any taxicab shall accept, take into his or her vehicle or transport any larger number of passengers than the posted seating capacity of his or her vehicle.

(d) Whenever any taxicab is occupied by a passenger, the driver shall not permit any other person to occupy or ride in the taxicab, except with the consent of the original passenger.

(e) No driver of any taxicab shall accept, take into his or her vehicle or transport any person as an unpaid fare.

(f) No driver shall solicit patronage in a loud or annoying tone of voice or by sign or in any manner annoy any person or obstruct the movement of any person or follow any person for the purpose of soliciting patronage.

(g) Drivers of taxicabs shall not receive or discharge passengers in the roadway, but shall pull up to the right hand sidewalk as nearly as possible or, in the absence of a sidewalk, to the extreme right hand side of the road and there receive or discharge passengers, except on one-way streets, where passengers may be discharged at either the right or left hand sidewalk or the side of the roadway in the absence of a sidewalk. (Ord. 2006-25)

(h) No driver or owner shall, in competition with other common carriers, solicit passengers at the terminal of any other common carrier, nor at any intermediate points along any established route of any other common carrier.

(i) It shall be a violation of this Chapter for any driver of a taxicab to solicit for any business or to attempt to divert patronage from one business to another. Neither shall such driver engage in selling alcohol or any controlled substance, soliciting for business or service of any kind or nature, or use his or her vehicle for any purpose other than the transporting of passengers.

19.8 Taxi driver permits.

(a) It shall be unlawful for any person to drive or operate any of the vehicles regulated by this Chapter or allow any vehicle under his or her ownership or management and regulated by this chapter to be driven or operated unless the driver has first obtained a driver’s permit from the Chief of Police pursuant to this section.

Drivers’ permits issued will be valid for one (1) year from the date of issuance. Each permit will entitle the driver to work only for the certificate holder whose name appears on the permit. A new permit will be required if the driver accepts employment with another owner.

Applicants for drivers’ permits, or for renewals thereof, shall file applications with the Chief of Police upon forms to be furnished by the City. Applicants for drivers’ permits shall pay to the Chief of Police a fee, which may be established from time to time by resolution of the City Council.

The permit shall be in the form of a card, which shall bear the signature, photograph, and fingerprints of the applicant. Such cards shall be issued in duplicate and one copy with the fingerprints, photograph and signature of the applicant to be placed on file with the Chief of Police, and the other card shall be conspicuously displayed in the taxicab of the permittee during all times such taxicab is operated.

(b) No permit shall be issued to any of the following persons:

(1) Any person under the age of twenty-one (21) years.

(2) Any person who has been convicted of a felony or a crime involving moral turpitude or narcotics.

(3) Any person who has been convicted of driving a vehicle recklessly within the two (2) years immediately preceding the application for a permit.

(4) Any person who has been convicted of driving a vehicle while under the influence of alcohol and/or a controlled substance within the five (5) years immediately preceding the application for a permit.

(5) Any person not possessing a valid Class "C" driver’s license.

(6) Any person who fails to test negative for listed controlled substances and alcohol pursuant to the requirements of section 19.8 (d) below.

(c) The Chief of Police may revoke or refuse to renew an operator’s permit if the driver or applicant has, since the granting of the permit:

(1) Been convicted of a felony or a crime involving moral turpitude; pandering; using, possessing, selling or transporting narcotics, or imparting information for obtaining narcotics.

(2) Been convicted of driving recklessly or while under the influence of alcohol or narcotics. (Ord. 2006-25)

(3) Had his or her state driver’s license revoked or suspended.

(4) Had two or more convictions of any of the offenses set forth in Sections 22350 to 22352 of the California Vehicle Code and amendments thereto, or any combination of either of any of such offenses, occurring during any continuous period not exceeding twelve (12) months.

(5) Failed to test negative for listed controlled substances and alcohol pursuant to the requirements of section 19.8 (d) below.

(6) Violated any of the provisions of this Chapter.

(d) All drivers shall comply with the City’s mandatory controlled substance and alcohol testing certification program as follows:

(1) At the time of filing an application for a driver’s permit, each applicant shall provide documentation that he or she has tested negative within the last thirty (30) days for each of the controlled substances listed in Parts 40 and 382 of Title 49 of the Code of Federal Regulations (as they may be amended from time to time) and as required by California Government Code Section 53075.5.

(2) At the time of filing an application for renewal of a currently-valid permit, each applicant shall provide documentation that he or she has tested negative within the last thirty (30) days for each of the controlled substances listed in Parts 40 and 382 of Title 49 of the Code of Federal Regulations (as they may be amended from time to time) and as required by California Government Code Section 53075.5. (Ord. 2006-25)

(3) In addition to complying with the provisions of the foregoing subsection (d)(2), if an applicant for renewal has tested positive at anytime within the past year, he or she shall provide evidence, satisfactory to the Chief of Police, that he or she has completed a rehabilitation or return-to-duty program.

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

(5) For the purposes of this section 19.8 (d), documentation of a negative test result shall consist of a copy of a report from a certified laboratory or consortia meeting the requirements of Part 382 of Title 49 of the Code of Federal Regulations which was sent directly to the holder of the certificate who employs the applicant, or directly to the City in the case of a self employed applicant. Upon request of an applicant, the City shall provide a list of laboratories or consortia that provide such testing in or near the City.

19.9 Manifests.

Every driver of a taxicab shall maintain a daily manifest, upon which is recorded all trips made each day, showing time and place of origin and destination of each trip and amount of fare. All such completed manifests shall be returned to the owner by the driver at the conclusion of his or her tour of duty. The forms for each manifest shall be furnished to the driver by the owner and shall be approved by the Chief of Police.

Every holder of a certificate shall retain and preserve all drivers’ manifests in a safe place for at least two (2) years. The manifests shall be available to the Chief of Police or any other officer of the City designated by the City Council. (Ord. 2006-25)

19.10 Insurance.

(a) No certificate shall be issued or continued in operation unless the certificate holder maintains in full force and effect at all times, a policy of comprehensive general and automobile liability insurance in a form prescribed by the Risk Manager, executed by an insurance company approved by the Risk Manager with a Best’s key rating of not less than "A VII," unless otherwise approved by the Risk Manager, whereby the owner and driver of each of the vehicles operating pursuant to this Chapter are insured against liability for damage to property and for injury to or death of any person as a result of the ownership, operation or other use thereof. The minimum liability limits shall not be less than $1,000,000 combined single limit per occurrence applicable to all owned, non-owned and for hire vehicles. Proof that the coverage exists shall include the Vehicle Identification Number (VIN) of each vehicle covered by the policy. The Chief of Police shall accept proof of coverage with a non-admitted insurer upon verification that coverage has been placed via a surplus line broker in compliance with all applicable provisions of the California Insurance Code and the California Code of Regulations.

(b) Each certificate holder shall keep on file with the Chief of Police proof that such coverage is in effect, and shall notify the Chief of Police immediately of all policy renewals, cancellations or changes affecting coverage.

(c) Such policies of insurance shall contain endorsements providing that the policy shall not be cancelled until 30 days written notice has been provided to the City, addressed in care of the Chief of Police, 1000 Webster Street, 94533.

(d) Such policies of insurance shall name the city, its officers, agents, and employees as additional insureds. (Ord. No. 2006-29, § 1.)(Ord. 2006-25 and Ord. 2006-29)

Article II. Certificate and Public Convenience and Necessity.

19.11 Required.

No person shall operate or permit a taxicab, and no owner shall permit a taxicab to be operated as a vehicle for hire upon the streets of the City without first having filed an application for, and having obtained, a certificate of public convenience and necessity pursuant to this section.

Notwithstanding the foregoing, owners of taxicabs operating on Travis Air Force Base through a permit for franchise issued by the proper authority on such base, shall not be required to obtain a certificate of public convenience and necessity from the City for such operation. The permit or franchise authorizing such taxicabs or taxicab company to operate within the limits of Travis Air Force Base, however, does not authorize the vehicles coming under such permit or franchise to hire or pick up customers upon the streets of the City outside of the confines of Travis Air Force Base without first having obtained a certificate of public convenience and necessity for such taxicab from the City Council.

19.12 Application.

All persons applying to the City Council for a certificate for one or more taxicabs shall file with the Chief of Police a sworn application therefore on forms provided by the Chief of Police as follows:

(a) The name and address of the owner or person applying.

(b) The number of vehicles actually owned or leased, and the number of vehicles actually operated by such owner on the date of application, if any.

(d) The make, type, year of manufacture and passenger seating capacity of each taxicab for which application for certificate of public convenience and necessity is made. (Ord. 2006-25)

(e) The make and type of taximeter intended to be installed on each taxicab for which application for certificate is made.

(f) A description of the proposed color scheme, insignia, trade style and any other distinguishing characteristics of the proposed taxicab design.

(g) The name of the company under which the owner shall conduct business in the City.

(h) Such other information as the Chief of Police may require.

19.13 Public hearing.

In determining whether the public convenience and necessity require the operation of the taxicab(s) for which application is made, the City Council shall hold such public hearing as may be necessary to determine that fact.

19.14 Decision of Council; number of certificates to be issued.

Having declared that the public convenience and necessity require the additional taxicab service, the City Council shall grant a certificate of public convenience and necessity to those persons applying therefor who in its opinion are entitled thereto. Each certificate shall permit the operation of one or more vehicles. The Council shall, in its discretion, determine the number of certificates to be granted to any applicant.

No certificate shall be issued to any person who shall not have fully complied with all of the requirements of this Chapter necessary to be complied with before the commencement of operation of the proposed vehicle.

Upon the granting of such certificate, the certificate holder shall, within thirty days, start operation of the taxicab(s) and shall regularly and continuously operate the taxicab(s) for a period of not less than eight hours per day, five days per week, conditions preventing such operation which are beyond control of the certificate holder excepted, unless the Chief of Police grants written permission for temporary non-operation of the taxicab(s) for a period not to exceed ninety (90) days. (Ord. 2007-21, § 1.)

19.15 Taxicabs to continue to conform to requirements of Chapter.

No certificate holder of a certificate of public convenience and necessity shall operate a taxicab under that certificate unless it complies with all of the provisions of this Chapter. The Chief of Police may approve, in writing, the replacement of vehicles authorized by a certificate of public convenience and necessity with vehicles of a different type. In addition, each vehicle which is the subject of a granted certificate shall maintain the same color scheme, insignia, numbers and lettering, and shall continue to be operated under the same company name, as were identified in the application for the certificate, except to the extent that the Chief of Police approves changes in writing. (Ord. 2007-21, § 2.)

19.16 Posting.

Within ninety (90) days of the effective date of this ordinance, the Chief of Police shall specify a new form of certificate and issue certificates in such new form to all current holders. Thereafter, all persons who receive certificates shall receive them in the new form so specified. Each taxicab operator to whom a certificate of public convenience and necessity is or has been issued shall cause a copy of the certificate of convenience and necessity, duly authenticated by the Chief of Police, to be conspicuously displayed at all times in each cab for which the certificate has been granted.

19.17 Transfer.

No certificate of public convenience and necessity may be sold, assigned or otherwise transferred without the consent of the City Council. The Council may grant or deny or impose such conditions with respect to the transfer of a certificate as it may deem to be in the best interests of the public safety and general welfare. No certificate may be mortgaged without first filing a notice of intention to mortgage with the Chief of Police and submitting additional information as may be required.

19.18 Suspension or revocation.

Certificates issued under the provisions of this article may be revoked or suspended by the chief of police if the certificate holder thereof has:

(a) Violated any of the provisions of this Chapter.

(b) Violated this code or any other ordinances of the City or laws of the United States or the state, the violations of which reflect unfavorably on the fitness of the certificate holder to offer public transportation.

Prior to suspension or revocation under this section, the certificate holder shall be given notice of the proposed action to be taken and shall have an opportunity for a hearing before the Chief of Police or a hearing officer appointed by him or her for this purpose. An appeal of the decision to revoke or suspend a certificate may be heard by the City Council.

19.19 Cancellation.

If an owner sells or discontinues his or her business for a period of more than thirty (30) days without having obtained permission for temporary cessation of operations from the Chief of Police pursuant to section 19.14, and the Chief of Police has provided the owner with not less than five days’ written notice to appear at a specified City Council meeting to provide evidence that the owner continues to own and operate the service in conformance with this Chapter, the certificate granted shall be automatically cancelled. unless the City Council adopts a resolution at such meeting making findings that the owner in fact continues to own and operate the service in conformance with this Chapter. Such cancellation shall be effective as of the day immediately following said City Council meeting (Ord. 2006-25)

19.20 Surrender of certificate.

Certificates of public convenience and necessity which have been suspended or revoked by the Chief of Police, or which have been cancelled, shall forthwith be surrendered to the Chief of Police and the operations of any taxicab covered by such certificates shall cease and be unlawful. The owner may not secure additional certificates for the operation of any taxicab without having first made application therefore in the manner provided in this Chapter.

19.21 Replacement of taxicabs.

In the event a vehicle is retired from service and the certificate holder wishes to replace it with another vehicle, the new vehicle shall maintain the same color scheme, insignia, numbers and lettering, and shall continue to be operated under the same company name, as were identified in the application for the certificate, except to the extent that the Chief of Police approves changes in writing. The Chief of Police, upon written request of applicant within thirty (30) days of such replacement, shall inspect the replacement vehicle and certify in writing that it complies with all the provisions of this Chapter. No replacement cab shall be put into operation before the Chief of Police has provided such written certification.

19.22 Certificate holder’s company operations.

Each certificate holder shall continuously operate its taxicab(s) exclusively under the company name identified in its application except to the extent that the Chief of Police approves a change in writing. Compliance with this section 19.22 includes, without limitation, using that name in all advertising and on all company communications. (Ord. 2006-25)

Article III. Taximeters.

19.23 Required.

It shall be unlawful for any owner or driver to operate any taxicab in the City unless such vehicle is equipped with a taximeter of such type, style and design as may be approved by the City. It shall be the duty of every owner operating a taxicab to keep such taximeter in working condition so that the taximeter will, at all times, correctly and accurately indicate the correct charge for the distance traveled and waiting time. The taximeter shall be at all times subject to inspection by the Chief of Police. The Chief of Police is hereby authorized in his or her discretion, or upon the complaint of any person, to investigate or cause to be investigated such taximeter. Upon the discovery of any inaccuracy in any meter, the vehicle equipped with such taximeter shall be removed from operation until such time as the taximeter shall have been correctly adjusted.

The owner shall on a quarterly basis submit to inspection by the County Department of Weights and Measures to determine the accuracy of taximeters and the taxicab to which it is attached.

Taximeters placed into taxicabs to replace broken or faulty meters shall be inspected, tested and approved by the County Department of Weights and Measures prior to operation as a taxicab.

19.24 Location in taxicab; illumination of dial.

Taximeters shall be placed in taxicabs so that the reading dial showing the amount to be charged is well lighted and readily discernible by the passenger riding in such taxicabs.

19.25 Operation of meters generally.

(a) Every taximeter shall register the charge to the nearest ten cents ($0.10) and be equipped with a flag or other mechanical device. The flag shall be attached and connected to the mechanism of the taximeter so as to cause the mechanism to operate when the flag is in a position other than upright and indicate that the taxicab is not for hire, and which flag, when moved forward or downward, shall start the operation of the taximeter so that the same will operate in the manner defined in this section.

(b) It shall be unlawful for any driver of a taxicab, while carrying passengers, to display the flag or device attached to such taximeter in such a position as to denote that such vehicle is for hire or is not employed or to have such flag or other attached device in such a position as to prevent the taximeter from operating. It shall be unlawful for any driver to throw such a flag or other device of a taximeter into a position which causes the taximeter to record when such vehicle is not actually employed or to fail to throw the flag or other device on such taximeter into a nonrecording position at the termination of each service.

(c) All charges for transportation of passengers in taxicabs operated in the City shall be based on the charges indicated on the taximeter. It shall be unlawful for any owner, driver or operator of any taxicab to charge any passenger any sum in excess of the sum indicated on the taximeter. (Ord. 2006-25, § 1, Ord. 2006-29, § 1). (Ord. 2006-25 and Ord. 2006-29)

CHAPTER 19TAXICABS