Chapter 5.12 TAXICABS

This chapter shall be administered and enforced by the chief of police, in consultation with other city departments as deemed appropriate by the chief of police. (Ord. 1139 § 2 (part), 2011)

5.12.102 Definitions.

The following words shall have the following meanings as used in this chapter. Words not defined shall be interpreted based on their common and ordinary usage.

A. “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 form, including newspaper, magazine, radiowave, satellite signal, or any electronic transmission, or in any directory soliciting taxicab transportation services subject to this chapter.

B. “Applicant” means a person applying for a taxicab company permit and/or a taxicab driver permit.

C. “Chief of police” means the chief of the police department of the city or his/her designee.

D. “City” means the city of Folsom.

E. “Driver” means any person who drives, operates, or controls the movements of a taxicab within the city.

F. “Person” means any natural person, firm, association, organization, partnership, business, trust, company, or corporation.

G. “Public works director” means the director of the public works department of the city or his/her designee.

H. “Taxicab” means a motor-propelled vehicle capable of carrying not more than eight persons, excluding the driver, and used to carry passengers for hire in the city, irrespective of whether the operation extends beyond the boundaries of the city. The term “taxicab” does not include the following:

1. A vehicle operating as a charter party carrier licensed as such by any state agency, or any vehicle having a certificate of public convenience and necessity issued by any state agency, including the Public Utilities Commission.

2. A vehicle operated solely by means of human propulsion or powered by manual labor, including, but not limited to, pedal cabs or pedicabs.

I. “Taxicab company” means any natural person, firm, association, organization, partnership, business, trust, company, corporation, or public entity that operates taxicab services of any kind within the city.

J. “Taxicab company permit” means a valid permit issued by the city authorizing a taxicab company to operate a taxicab business in the city.

K. “Taxicab driver permit” means a valid permit issued by the city authorizing a person to drive, operate, or control the movements of a taxicab.

L. “Taximeter” means any instrument or device attached to a vehicle and designed or intended to measure mechanically or electronically the distance traveled by such vehicle, to record the time the vehicle is in waiting, and to indicate upon such record by figures or designs the fare to be charged in dollars and cents. (Ord. 1139 § 2 (part), 2011)

Article II. Taxicab Company Permits

5.12.200 Taxicab company permit required.

A. Unless otherwise exempt under Section 5.12.700, no person shall operate a taxicab company within the city without a valid taxicab company permit issued by the chief of police. Applications for taxicab company permits shall be made to the chief of police on forms prescribed by the chief of police. No taxicab company permit shall be issued unless all of the following minimum requirements have been satisfied:

1. The applicant has submitted the names, addresses, telephone numbers, including emergency telephone number(s), and recent color photographs of all owners, partners or principal officers of the taxicab company.

2. The applicant has submitted a copy of the applicant’s controlled substance and alcohol testing certification policy and proof that the applicant has implemented a controlled substance and alcohol testing certification program covering all of its drivers (whether employees or independent contractors) operating vehicles on behalf of or in association with the applicant in compliance with state and federal law, including, but not limited to the standards set forth at Government Code Section 53075.5(b)(3).

3. The applicant has submitted evidence of insurance, in full force and effect, in such form as approved by the city attorney, issued by a solvent and responsible company authorized and licensed to do business in the state of California, insuring the applicant against loss by reason of injury or damage that may result to persons, including taxicab passengers, or property, from the negligent operation or maintenance of such taxicab. The applicant shall provide evidence of insurance to the satisfaction of the city showing that the applicant is insured for a minimum combined single limit of three hundred fifty thousand dollars for the injury or death of one or more persons in the same accident, and one hundred thousand dollars for injury or destruction of property.

4. The applicant has submitted a list of all taxicabs to be operated by the taxicab company, as well as proof of current California Department of Motor Vehicles registration for each taxicab listed in the taxicab company permit application. All taxicabs listed in the taxicab company permit application shall be registered to the applicant.

5. The applicant has submitted proof that every owner, partner, manager or principal officer of the applicant has submitted to fingerprinting and a criminal background check by the Folsom police department and has successfully cleared such background check by the Folsom police department.

6. The applicant has submitted payment of all applicable fees for the issuance of a taxicab company permit.

7. The applicant has submitted a list of all prior permits issued, suspended and/or revoked for operation of a taxicab company or similar business in any jurisdiction, foreign or domestic.

8. The applicant has submitted such additional information as the chief of police deems reasonably necessary for the chief of police to make a determination of the propriety of the issuance of the taxicab company permit.

9. The applicant has submitted the serial number of the taximeter attached to each of the taxicabs and a certificate or other written evidence that the Sacramento County agricultural commissioner, a state-registered device repairman, or state-certified employee has tested and certified not more than eleven months preceding the application date the accuracy of each taximeter attached to the taxicab.

10. The applicant has submitted a written schedule of all rates to be charged for the hire of the taxicab.

B. Applications shall be signed by the applicant(s) attesting to the accuracy of the application under penalty of perjury. All owners, partners, managers and principal officers of a taxicab company shall be applicants for the taxicab company permit.

C. Each applicant for a taxicab company permit shall be subject to review and a criminal background check by the Folsom police department. (Ord. 1163 § 2, 2012; Ord. 1139 § 2 (part), 2011)

5.12.202 Taxicab company permit denial.

A taxicab company permit shall be denied by the chief of police if any of the following apply to the applicant, which shall include any owner, partner, manager or principal officer of the applicant’s taxicab company:

A. The applicant is under the age of eighteen years.

B. The applicant falsifies material information on the application.

C. The applicant is a registered sex offender pursuant to California Penal Code Section 290, et seq.

D. The applicant has ever been convicted (or pleaded guilty or nolo contendere) of a felony in any jurisdiction, whether foreign or domestic, for any of the following crimes: assault; battery; murder; theft; burglary; robbery; rape; pandering; pimping; crimes related to the sale or transportation of controlled substances, including marijuana; or crimes of violence.

E. The applicant has been convicted (or pleaded guilty or nolo contendere) of a misdemeanor in any jurisdiction, whether foreign or domestic, or any offense involving moral turpitude or any offense that is substantially related to the qualifications, functions or responsibilities of a taxicab company operator or taxicab driver within five years prior to the submission of the application.

F. The applicant had a permit for the operation of a taxicab, a taxicab company, or similar transportation business suspended or revoked by any jurisdiction within five years prior to the submission of the application.

G. The applicant has been held liable under any judgment, decision or determination by any court, public or regulatory agency for operating taxicabs without the required insurance within five years prior to the submission of the application.

H. The applicant is subject to any unsatisfied court judgment arising from liability for operating a taxicab or a taxicab company, including, but not limited to, collisions or operating without the requisite insurance, within five years prior to the submission of the application.

I. The applicant has operated a taxicab without a taximeter that has been properly sealed by the Sacramento County agricultural commissioner or similar official in any county or state, a state-registered device repairman, or a state-certified employee within five years prior to the submission of the application.

J. The applicant has failed to submit all of the required information under Section 5.12.200. (Ord. 1139 § 2 (part), 2011)

5.12.204 Taxicab company permit revocation.

A. The chief of police may revoke any taxicab company permit should any event occur that would be grounds for denial of a taxicab company permit.

B. Prior to the revocation of any taxicab company permit, the chief of police shall provide the taxicab company permit holder(s) with not less than ten days’ notice of intent to revoke the permit, specifying the grounds for the proposed revocation, and specifying a date, time and location at which the applicant shall have an opportunity to meet with the chief of police and present all evidence and materials as to why the taxicab company permit should not be revoked.

C. Notwithstanding any provision to the contrary, transfer or sale of a taxicab company permit to a taxicab company or person other than that identified in the permit application shall cause immediate revocation of said permit. (Ord. 1139 § 2 (part), 2011)

5.12.206 Duration of taxicab company permits—Duty to update information.

Taxicab company permits shall be valid from the date of issuance until June 30th of each year, subject to renewal upon satisfaction of the conditions for the issuance of a new taxicab company permit and payment of any renewal fee. Each taxicab company permit holder shall have an affirmative duty to update the city in writing within ten days of any change of information on the taxicab company permit application. (Ord. 1139 § 2 (part), 2011)

Article III. Driver Permits

5.12.300 Taxicab driver permit required.

A. Unless otherwise exempt under Section 5.12.700, no person shall drive, operate or control a taxicab without a valid taxicab driver permit issued by the chief of police. Applications for taxicab driver permits shall be made to the chief of police on forms prescribed by the chief of police. No taxicab driver permit shall be issued unless all of the following minimum requirements have been satisfied:

1. The applicant has provided his/her full name, address, telephone number, including emergency telephone number(s), date of birth, and recent color photograph of himself/herself.

2. The applicant has provided his/her place of residence for five years preceding the date of the application.

3. The applicant has provided a copy of his/her valid California driver license.

4. The applicant has provided proof of employment or an offer of employment with a taxicab company (which may include self employment with the taxicab company as an owner/operator or as an independent driver), and the applicant has provided his/her place of previous employment for five years preceding the date of his/her application.

5. The applicant has submitted proof that he/she has submitted to fingerprinting and a criminal background check by the Folsom police department and has successfully cleared such background check by the Folsom police department.

6. The applicant has submitted payment of all applicable fees for the issuance of a taxicab driver permit.

7. The applicant has submitted a list of all prior permits issued, suspended and/or revoked, for operation of a taxicab in any jurisdiction, foreign or domestic.

8. The applicant has provided evidence of insurance coverage for the operation of the taxicab in forms and amounts as specified for a taxicab company permit pursuant to Section 5.12.200(A)(3).

9. The applicant has submitted such additional information as the chief of police deems reasonably necessary for the chief of police to make a determination of the propriety of the issuance of the taxicab driver permit.

B. Applications shall be signed by the applicant attesting to the accuracy of the application under penalty of perjury.

C. Each applicant for a taxicab driver permit shall be subject to review and a criminal background check by the Folsom police department. (Ord. 1139 § 2 (part), 2011)

5.12.302 Taxicab driver permit denial.

A taxicab driver permit shall be denied by the chief of police if any of the following apply:

A. The applicant is under the age of eighteen years.

B. The applicant falsifies material information on the application.

C. The applicant is a registered sex offender pursuant to California Penal Code Section 290, et seq.

D. The applicant has ever been convicted (or plead guilty or nolo contendere) of a felony in any jurisdiction, whether foreign or domestic, for any of the following crimes: assault; battery; murder; theft; burglary; robbery; rape; pandering; pimping; crimes related to the sale or transportation of controlled substances, including marijuana; or crimes of violence.

E. The applicant has been convicted (or plead guilty or nolo contendere) of a misdemeanor in any jurisdiction, whether foreign or domestic, or any offense involving moral turpitude or any offense that that is substantially related to the qualifications, functions or responsibilities of a taxicab driver within five years prior to the submission of the application.

F. The chief of police may deny a permit based on the applicant’s conviction in any jurisdiction, whether foreign or domestic, of suspension or revocation of a driver license, driving under the influence of an intoxicating and/or controlled substance or beverage, and/or conviction of two or more moving violations within a one-year period within five years prior to the submission of the application.

G. The applicant had a permit for the operation of a taxicab or a taxicab company suspended or revoked in any jurisdiction within five years prior to the submission of the application.

H. The applicant has been held liable under any judgment, decision or determination by any court, public or regulatory agency for operating taxicabs without the required insurance within five years prior to the submission of the application.

I. The applicant is subject to any unsatisfied court judgment arising from liability for operating a taxicab or a taxicab company, including, but not limited to, collisions or operating without the requisite insurance, within five years prior to the submission of the application.

J. The applicant has operated a taxicab without a taximeter that has been properly sealed by the Sacramento County agricultural commissioner or similar official in any county or state, a state-registered device repairman, or a state-certified employee within five years prior to the submission of the application.

K. The applicant has failed to submit all of the required information under Section 5.12.300. (Ord. 1139 § 2 (part), 2011)

5.12.304 Driver permit revocation.

A. The chief of police may revoke any taxicab driver permit should any event occur that would be grounds for denial of a taxicab driver permit.

B. Prior to the revocation of any taxicab driver permit, the chief of police shall provide the taxicab driver permit holder with not less than ten days’ notice of intent to revoke the permit, specifying the grounds for the proposed revocation, and specifying a date, time and location at which the applicant shall have an opportunity to meet with the chief of police and present all evidence and materials as to why the permit should not be revoked.

C. Notwithstanding any provision to the contrary, transfer or sale of taxicab driver permit to a person other than that identified in the permit application shall cause immediate revocation of said permit. (Ord. 1139 § 2 (part), 2011)

5.12.306 Duration of taxicab driver permits—Duty to update information.

Taxicab driver permits shall be valid from the date of issuance until June 30th of each year, subject to renewal upon satisfaction of the conditions for the issuance of a new taxicab driver permit and payment of any renewal fee. Pursuant to Government Code Section 53075.5(b)(3)(A)(i), drivers shall test negative for controlled substance and for alcohol as a condition for initial permit application and subsequent renewal. Any taxicab driver permit shall become void upon termination of employment with a taxicab company, and the taxicab driver shall notify the city and return the taxicab driver permit to the city within ten days of termination of such employment. Each taxicab driver permit holder shall have an affirmative duty to update the city in writing within ten days of any change of information on taxicab driver application. (Ord. 1139 § 2 (part), 2011)

Article IV. Administrative Appeals

5.12.400 Appeals.

A. Any person aggrieved by or dissatisfied with any decision or determination of the chief of police made pursuant to this chapter shall have a right of appeal from that decision to the city manager pursuant to Section 2.08.060; provided, however, that the decision of the city manager shall be final and there shall be no right of appeal to the city council.

B. The failure to file and prosecute all appeals available pursuant to the provisions provided herein shall be deemed a failure to exhaust administrative remedies, and shall act as a complete bar to any legal proceeding challenging the subject decision or determination. (Ord. 1139 § 2 (part), 2011)

Article V. Fees

5.12.500 Permit fees—Company permit, driver permit.

A. A fee for the issuance of a taxicab company permit and a taxicab driver permit, respectively, shall be adopted by resolution of the city council to defray the cost of processing permit applications and administering this chapter.

B. No taxicab company permit or taxicab driver permit shall be issued without payment of the permit fees established pursuant to this chapter. (Ord. 1139 § 2 (part), 2011)

Article VI. Operational Requirements

5.12.600 Taxicab labeling.

Every taxicab shall, at a minimum, be plainly labeled with letters of sufficient size so that the letters are reasonably discernible with a designation of the owner or business name under which such owner is operating such taxicab. (Ord. 1139 § 2 (part), 2011)

5.12.602 Prominent display of permits.

A. All taxicab company permits shall be prominently displayed and visible to the public at the taxicab company’s principal place of business.

B. All taxicab driver permits shall be prominently displayed in the driver’s taxicab and visible to any passenger.

C. Every taxicab company shall include the number of its certificate, license, or permit, including but not limited to the taxicab company permit, in every written or oral advertisement of the services it offers. (Ord. 1139 § 2 (part), 2011)

5.12.604 Direct routes.

Driver shall carry a passenger to his/her destination only by the most direct and accessible route. (Ord. 1139 § 2 (part), 2011)

5.12.606 Receipt.

Driver shall give a receipt for the amount charged upon the request of the person paying the fare. The receipt shall identify the driver’s name, taxicab number, name of taxicab company permit holder, and date and time of issuance. (Ord. 1139 § 2 (part), 2011)

5.12.608 Solicitation.

Driver shall not leave his/her taxicab to solicit passengers. (Ord. 1139 § 2 (part), 2011)

5.12.610 Compliance with all laws.

Any person issued a taxicab company permit and/or driver permit pursuant to this chapter shall comply with all applicable laws in the operation of the taxicab business and the taxicabs, including, but not limited to, all applicable provisions of the Vehicle Code, Government Code, Labor Code and any other applicable state, federal, or local statute, regulation, or ordinance. (Ord. 1139 § 2 (part), 2011)

5.12.612 Condition of taxicab.

All taxicabs shall be clean, inside and out, in good mechanical condition, and shall be in compliance with all applicable federal, state, and local laws and regulations. (Ord. 1139 § 2 (part), 2011)

5.12.614 Rates.

Taxicab company shall register its rates with the chief of police and shall provide updated rates if and when rates change. Taxicab company shall post its rates prominently on the exterior and the interior of the taxicab in sufficient size so that the rates are reasonably discernible in plain sight by customers. (Ord. 1139 § 2 (part), 2011)

5.12.616 Taxicab stands.

A. The public works director may designate areas on public streets as taxicab zones to be occupied solely by taxicabs immediately available for hire. All such zones shall be indicated by curb painting and a sign or signs.

B. No taxicab shall park or occupy any parking space or street while awaiting passengers other than in designated taxicab zones designated by the public works director.

C. No taxicab driver shall permit any taxicab to be parked unattended in any taxicab zone for a period of time in excess of five minutes.

D. A violation of this section shall be punishable as an infraction. (Ord. 1139 § 2 (part), 2011)

Article VII. Enforcement

5.12.700 Exemption.

This chapter shall not apply to the operation of taxicabs transporting passengers picked up from a point outside the city to a destination within the city, or en route from a point outside the city to a destination outside the city. (Ord. 1139 § 2 (part), 2011)

5.12.702 Transfer of permit prohibited.

Permits issued under this chapter are the property of the city and may not be transferred, sold, assigned, or bequeathed expressly or by operation of law. (Ord. 1139 § 2 (part), 2011)

5.12.704 Enforcement.

In addition to any other remedy available to the city, both at law and in equity, the provisions of this chapter are enforceable pursuant to the provisions of Chapters 1.08 through 1.10, inclusive. (Ord. 1139 § 2 (part), 2011)

5.12.706 Penalties.

A. Notwithstanding any other penalty stated in this chapter, a violation of this chapter may be processed as an administrative violation as defined in Section 1.08.020.

B. Each of the sanctions for administrative violations identified in Section 1.09.013 shall be available for enforcement of the provisions of this chapter.

C. Based upon the criteria for the imposition of administrative sanctions set forth in Section 1.09.014, a violation of this chapter shall be deemed a Level C violation, as that term is described in Section 1.09.012. The range of monetary sanctions available for a violation of this chapter shall be as set forth in Section 1.09.012(A)(3). (Ord. 1139 § 2 (part), 2011)

5.12.708 Administrative violation enforcement procedures—Notice to correct.

Any notice to correct an administrative violation shall be served in accordance with the provisions of Section 1.09.023. The time to correct any violation of a provision of this chapter shall be no more than forty-eight hours, unless circumstances make it impossible or infeasible to correct a violation within such time frame, in which case the cited party shall take all steps reasonably necessary toward correction of the violation within forty-eight hours and shall completely correct the violation within a reasonable time as stated in the notice to correct. (Ord. 1139 § 2 (part), 2011)

5.12.710 Criminal penalties.

A. Any person operating a taxicab company without a taxicab company permit shall be guilty of a misdemeanor.

B. Any person violating any provision of this chapter, including but not limited to operating a taxicab without a taxicab driver permit, shall be guilty of an infraction punishable as follows: (1) a fine not exceeding one hundred dollars for a first violation; (2) a fine not exceeding two hundred dollars for a second violation within one year; (3) a fine not exceeding five hundred dollars for each additional violation within one year. (Ord. 1139 § 2 (part), 2011)

5.12.712 Attorneys’ fees and enforcement costs.

In any enforcement action taken by the city pursuant to this chapter, the city shall be entitled to recover from the person creating, causing, committing or maintaining a violation of this chapter any and all expenses of enforcement, including, without limitation, reasonable attorneys’ fees, expert witness fees, consultant fees, staff time, and any other expenses incurred by the city in enforcing this chapter. (Ord. 1139 § 2 (part), 2011)

5.12.714 Remedies cumulative.

The remedies set forth herein are cumulative to any other remedy available to the city. Nothing contained herein shall limit or be deemed to prevent the city from pursuing any other available remedy under the city’s code or any other applicable law. (Ord. 1139 § 2 (part), 2011)

5.12.716 Effect on existing lawful taxicab operations.

Any person lawfully operating a taxicab company or taxicab within the city upon the effective date of the ordinance codified in this chapter shall come into compliance with this chapter within ninety days of the effective date or shall discontinue such taxicab company or taxicab operations. (Ord. 1139 § 2 (part), 2011)