CHAPTER 5.16
TAXICABS
Section
5.16.030 Application for owner’s permit
5.16.040 Permit application - investigation and report
5.16.080 Transfer of title to service
5.16.090 Destruction of taxicabs
5.16.100 Suspension or revocation of permit
5.16.110 Suspension of permit by Chief of Police
5.16.120 Submittal of driver information by owner
5.16.130 Operating regulations
5.16.150 Taxicab and rent car rates
5.16.160 Taxicab and rent car equipment and design
5.16.170 Inspections and sanitation
5.16.180 Taxicab or rent car stands
5.16.190 Insurance requirements
Statutory reference:
Provisions allowing local authorities, within the reasonable exercises of their police power, to license and regulate the operation of any vehicle for hire and the drivers of passenger vehicles for hire, see Cal. Vehicle Code § 16501
Provisions regarding financial responsibility, see Cal. Vehicle Code §§ 16500 et seq.
5.16.010 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DRIVER. Every person in charge of or operating any taxicab or rent car, either as agent, employee, or otherwise, under the direction of the owner or as owner.
OWNER. Every person having use or control of any taxicab or rent car, whether as owner, lessee, or otherwise.
RENT CAR. Every automobile or motor-propelled vehicle, excluding taxicabs, operated at rates per hour and not equipped with a taximeter, used for the transportation of passengers for hire over the public streets of the City and not over a defined route, irrespective of whether the operations extend beyond the boundary limits of the City and the vehicle is routed as to destination under the direction of a passenger or of a person hiring the same.
TAXICAB. Every automobile or motor-propelled vehicle operated at rates per mile, for wait-time or for both, and equipped with a taximeter, used for the transportation of passengers for hire over the public streets of the City and not over a defined route, irrespective of whether the operations extend beyond the boundary limits of the City, and the vehicle is routed as to destination under the direction of a passenger or of a person hiring the same.
TAXIMETER. Any mechanical instrument, instrument, appliance, device, or machine by which the charge for hire of a passenger-carrying vehicle is mechanically calculated, either for distance traveled or time consumed, or both, and upon which instrument, appliance, device, or machine such charge is indicated by figures.
(Ord. 385, § 1, passed -- 1970; Am. Ord. 870, § 9, passed 8-25-2008)
5.16.020 OWNER’S PERMIT.
It is unlawful to operate any taxicab or rent car business in the City unless the owner thereof applies for and obtains a permit to do so, which permit shall be applied for, granted, and, in effect, is in compliance with the provisions of this chapter.
(Ord. 385, § 2, passed -- 1970)
5.16.030 APPLICATION FOR OWNER’S PERMIT.
A. The application for an owner’s permit shall be in writing, duly certified under oath and filed with the City Manager, or other designated person, hereinafter referred to as City Manager.
B. Each application shall set forth the following information:
1. The name and address of the applicant;
2. The names and addresses of all directors and officers, if the applicant is a corporation, and the names and addresses of any persons owning more than 20% of the voting stock of any applicant corporation;
3. The location of all taxicab or rent car stands requested;
4. The number of vehicles actually owned and the number of vehicles actually operated by the owner on the date of application;
5. The number of vehicles for which permission to operate in the City is desired;
6. The make, type, year of manufacture, passenger seating capacity and a statement of condition of each taxicab or rent car desired to be operated within the City;
7. The schedule of rates proposed to be charged;
8. The make and type of taximeter intended to be installed on each taxicab;
9. A description of the proposed color scheme, insignia, trade style and/or any other distinguishing characteristics of the proposed taxicab or rent car design;
10. The applicant’s estimate of the additional taxicab or rent car service, supported by factual data;
11. Two years of financial information such as financial statements from an outside accountant or Schedule C of Tax Form 1040 (Profit or Loss from Business);
Any other information as the City Council may, in its discretion, require;
12. The applicant shall provide his or her fingerprints in the manner prescribed by the Chief of Police; and
13. An application fee in the amount as established from time to time by resolution of the City Council shall accompany each application for an owner’s permit.
(Ord. 385, § 3, passed -- 1970; Am. Ord. 871, § 10, passed 8-25-2008; Am. Ord. 908 § 2, passed 12-9-2013)
5.16.040 PERMIT APPLICATION - INVESTIGATION AND REPORT.
A. No permit shall be granted within 60 days after the date of filing the application with the City Manager.
B. The City Manager shall cause an investigation to be made and shall, within 50 days of the filing of a complete application, unless delayed by the City Manager, report his or her findings to the City Council. The report shall include the following information:
1. The results of an investigation by the Chief of Police as to:
a. Whether or not any substantial moral or physical deficiencies were discovered which would render the applicant not competent to operate a taxicab or rent car;
b. Whether or not the applicant has ever been convicted of a felony or the violation of a narcotic law or of any penal law involving moral turpitude or, during the previous 60 days, has been convicted of any law relating to traffic or the use of streets in the City; and
c. Whether or not there were found any falsifications of the application.
2. The adequacy of the existing taxicab or rent car service;
3. The financial responsibility and experience of the applicant;
4. The effect which additional taxicab or rent car service may have upon traffic and parking within the City;
5. A verification of the matters contained in the application; and
6. Any other relevant facts as the Council may deem advisable or necessary.
(Ord. 385, § 4, passed -- 1970; Am. Ord. 908 § 3, passed 12-9-2013)
5.16.050 HEARINGS.
Upon the filing of an application for a permit to operate a taxicab or rent car business, the City Council shall fix a time and place for a public hearing thereon. At least ten (10) days written notice of the time and place set for public hearing shall be given to the applicant and to all permittees under this chapter. Notice shall also be given the general public by publication once in a newspaper of general circulation published within the City. Any interested person may file with the City Manager a memorandum in support of or in opposition to the issuance of the applied for permit.
(Ord. 385, § 5, passed -- 1970)
5.16.060 ISSUANCE OF PERMIT.
The City Council shall make a finding as to whether the public convenience and necessity requires, or does not require, additional taxicab or rent car service at the conclusion of the public hearing or at a later date determined by it to be necessary for further study. The City Council, in making its finding, shall consider the City Manager’s report and recommendation, the factual matters as verified in the application, the memoranda or other written materials on file, the matters elicited in the public hearing and its own investigation of the subject matter. The City Council shall also determine if the applicant is competent to operate a taxicab or rent car business based upon the investigation of the Chief of Police as to the applicant’s character.
(Ord. 385, § 6, passed -- 1970)
5.16.070 DURATION OF PERMITS.
Every owner’s permit issued pursuant to the provisions of this chapter shall be for a period of three (3) years from the date of initial issuance by the City Council, subject to revocation in the manner prescribed in this chapter and to renewal, unless determined otherwise by the City Council at its sole discretion, and also subject to payment of the annual license and permit fees in accordance with the then prevailing schedule of the fees.
(Ord. 890 § 11, passed 11-08-2010)
5.16.080 TRANSFER OF TITLE TO SERVICE.
Whenever an owner sells or transfers title to a taxicab or rent car for which a certificate has been granted and within 30 days after the sale or transfer purchases other taxicabs or rent cars, the City Council shall, as a matter of right, upon written application to the City Council within 30 days of the purchase, issue new permits for the operation of no greater number of taxicabs or rent cars than those sold or transferred; provided, the owner has complied with all the provisions of this chapter.
(Ord. 385, § 8, passed -- 1970)
5.16.090 DESTRUCTION OF TAXICABS.
Any owner whose permitted taxicabs or rent cars have been destroyed, as a matter of right, upon written application to the City Council within thirty (30) days after the destruction, shall be issued a new permit for the operation of no greater number of taxicabs than those so destroyed for the unexpired period of the original permit, upon satisfactory evidence presented to the City Council of the destruction, provided the owner has complied with all the provisions of this chapter.
(Ord. 385, § 9, passed -- 1970)
5.16.100 SUSPENSION OR REVOCATION OF PERMIT.
A. An owner’s permit that is issued pursuant to this Chapter may be revoked or suspended by the City Council based on any of the following determinations made by the City Council:
1. A violation of any of the provisions of this Chapter by the owner, or any employee, agent, contractor, or representative of owner.
2. Discontinued taxicab operations within the City for more than 90 consecutive days.
3. Failure to pay any debt or money judgment for damages arising from the operation of the vehicle(s) for which the owner’s permit was issued.
4. Violation of any ordinances, laws or regulations, the violation of which reflect unfavorably on the fitness of the holder of the owner’s permit to offer public transportation.
5. Other conditions or circumstances from which the City Council may reasonably conclude that the continued operation of vehicles under the owner’s permit is not in the interest of public safety.
B. Any action by the City Council to consider revocation or suspension of an owner’s permit under this Chapter shall be subject to not less than 10-days prior written notice to the owner or holder of the owner’s permit. Said notice may be given personally, via facsimile or other electronic transmission, or via first-class mail service, postage pre-paid. If notice is given by mail, then the period for giving such notice shall not be less than thirteen (13) days.
C. Any action by the City Council to consider revocation or suspension of an owner’s permit under this Chapter shall be taken at a properly noticed public meeting. A copy of documents or other information relating to a proposed revocation or suspension of the owner’s permit shall be made available to the owner or holder of the permit at the same time that such information is made available to the City Council.
(Ord. 890, § 12, passed 11-8-2010)
5.16.110 SUSPENSION OF PERMIT BY CHIEF OF POLICE.
A. In the event that the Chief of Police determines that continued operations of a vehicle that is regulated by this Chapter poses an immediate or serious threat of harm to the public or to property, the Chief may suspend an owner’s permit for a period not to exceed twenty-one (21) days. At the time of any such suspension, the Chief of Police shall provide the vehicle owner or holder of the permit with a written notice of the condition(s) and/or activities that have created an immediate or serious threat of harm to the public or to property. If the determination to suspend an owner’s permit pursuant to this section is the result of mechanical or operational deficiencies, the owner or holder of the permit may provide proof of correction of the condition(s) or elimination or modification of the activities, and if said proof adequately addresses the condition(s) and/or activity described, the Chief may lift the suspension and allow the owner or holder of the permit to continue operations. The written notice provided by the Chief of Police shall also include a notification to the owner or holder of the permit that the temporary suspension shall be considered by the City Council at a regular or special meeting to determine whether the temporary suspension should be removed, or whether suspension or revocation, as described in Section 5.16.100, should be imposed.
B. In the event that a temporary suspension is to be considered by the City Council, the procedures described in Section 5.16.100(C) shall apply.
(Ord. 890, § 13, passed 11-8-2010)
5.16.120 SUBMITTAL OF DRIVER INFORMATION BY OWNER.
A. In addition to obtaining an owner’s permit as provided in this chapter, the owner shall submit to the Chief of Police a photocopy of the appropriate driver’s license of all drivers employed.
B. It shall be the duty of the Chief of Police to investigate the background of each driver and inform the owner if the driver has been convicted of a felony, the violation of any narcotic law or any law involving moral turpitude, and which conviction or convictions would, in the judgment of the Chief of Police, render the driver not a competent person to operate a public motor vehicle in the City. If, after being informed by the Chief of Police that a driver is not a competent person to operate a public motor vehicle, the owner continues to employ him or her in such capacity, the owner’s permit may be subject to revocation pursuant to the provisions of § 5.16.060.
C. Each time the owner hires a new driver, the owner shall submit the information required by the provisions of this section to the Chief of Police. The owner shall also notify the Chief of Police when a driver leaves his or her employment.
(Ord. 385, § 12, passed -- 1970)
5.16.130 OPERATING REGULATIONS.
A. Direct route. Any driver employed to transport passengers to a definite point shall take the most direct route possible which will carry the passenger to his or her destination safely and expeditiously.
B. Receipts. Every driver, upon request, shall give a correct receipt upon payment of the correct fare.
C. Refusal to pay fare. It is unlawful for any person to refuse to pay the lawful fare of any of the vehicles regulated by this chapter after employing or hiring the vehicle; and any person so doing is guilty of a misdemeanor.
D. Number of passengers. No driver of any taxicab or rent car shall accept, take into his or her vehicle or transport any larger number of passengers than the rate seating capacity of his or her vehicle; provided, however, children under 12 years of age with an adult escort may be taken in addition thereto.
E. Found property. Property of value left in any taxicab or rent car by a passenger shall be forthwith reported by the owner of the licensed vehicle to the Chief of Police.
F. Obedience to safety officers. The driver of any of the vehicles regulated by this chapter shall promptly obey all orders or instructions of any police officer or firefighter.
G. Use of stands. No driver shall stand, while awaiting employment, at any place other than at a duly designated taxicab or rent car stand, nor shall he or she leave his or her taxicab or rent car unattended in a stand for a period of time longer than five (5) minutes.
H. Rights of passengers. Any person engaging a taxicab shall have the exclusive right to the full use of the rear seat of the taxicab. While so engaged, no owner or driver shall solicit or carry additional passengers without obtaining the consent of the person first engaging the vehicle.
(Ord. 385, § 13, passed -- 1970)
5.16.140 TAXIMETERS.
A. Generally. Within 120 days from the effective date of the ordinance codified in this chapter, it is unlawful for any owner or driver to operate any taxicab in the City unless the vehicle is equipped with a taximeter of the type, style, and design as may be approved by the City Manager. It shall be the duty of every owner operating a taxicab to keep the taximeter in perfect 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 an inspector appointed or by any police officer. The inspector or police officer is authorized, on his or her own or upon complaint of any person, to investigate, or cause to be investigated, the taximeter; and, upon the discovery of any inaccuracy in the taximeter, to remove, or cause to be removed, the vehicle equipped with the taximeter from the streets of the City until such time as the taximeter has been correctly adjusted.
B. Flag. Every taximeter shall register the charge to the nearest $.10 and be equipped with a flag or other mechanical device with the words “For Hire” printed or stamped thereon. The flag shall be so attached and connected to the mechanism of the taximeter 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 the 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 chapter.
C. Operation of flag. It is unlawful for any driver of a taxicab, while carrying passengers, to display the flag or device attached to the taximeter in such a position as to denote that the vehicle is for hire, or is not employed or to have the flag or other attached device in such a position as to prevent the taximeter from operating; and it is unlawful for any driver to throw the flag or other device of a taximeter into a position which causes the taximeter to record when the vehicle is not actually employed, or to fail to throw the flag or other device on the taximeter into a nonrecording position at the termination of each and every service; provided, however, the foregoing shall not apply to trips to or from points outside the City when the charge is fixed on a trip basis.
D. Charges. All charges for the transportation of passengers in taxicabs operated in the City shall be based on the charges indicated on the taximeters, and it is 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; provided, however, the foregoing shall not apply to trips to or from points outside the City when the charge is fixed on a trip basis.
E. Placing of taximeter. The taximeter shall be placed in the taxicab so that the reading dial showing the amount to be charged shall be well lighted and readily discernible by the passenger riding in the taxicab unless the taximeter is equipped and operated as a receipt-printing taximeter.
(Ord. 385, § 14(A), passed -- 1970)
5.16.150 TAXICAB AND RENT CAR RATES.
Prior to the operation of any vehicle under the provisions of this chapter, the owner shall file with the City Clerk, in duplicate, a complete rate schedule to be charged; and the City Clerk shall file a copy thereof with the Chief of Police and report to the Council at its next regular meeting the rate schedule so filed. A changed rate schedule may be likewise filed from time to time by the owner. The rate schedule shall be subject to modification at any time by resolution of the Council after ten (10) days notice and an opportunity for hearing before the Council. The minimum and maximum rates or fares to be charged the public for taxicab service within the City shall be so fixed and established. No person operating, or in charge of, any taxicab or rent car within the City shall charge, receive, or collect any different rate or fare for the taxicab or rent car service than that within the prescribed limits. Upon the adoption of any such resolution, the City Clerk shall immediately forward a certified copy thereof to all permittees within the City.
(Ord. 385, § 14(B), passed -- 1970)
5.16.160 TAXICAB AND RENT CAR EQUIPMENT AND DESIGN.
A. No vehicle shall, under the license to the owner, be operated as a taxicab or rent car unless it conforms with all of the provisions of this chapter.
B. Taximeters placed upon taxicabs, either in the first operation or to replace broken or faulty meters, shall not be operated more than 24 hours prior to being inspected, tested, approved, and sealed by an authorized inspector appointed by the Chief of Police.
C. Each taxicab or rent car so licensed shall have on both sides and the rear of the vehicle the name of the owner, or name under which operated, the words “Fort Bragg,” and the number assigned to the vehicle by the license collector. At the time of the issuance of a license for the operation of any vehicle, the license collector shall assign to and for that vehicle a number not in excess of the total number of licensed vehicles, shall keep a record of the number so assigned, and shall file a copy of the record with the Chief of Police.
D. Each taxicab or rent car licensed to operate in the City shall have located in a convenient place in the driver’s compartment, and in view of the passengers therein, two (2) containers of a type and design approved by the Chief of Police. The containers shall contain cards provided by the Chief of Police bearing the following information:
1. One container shall have a card therein bearing:
a. The name of the company to which the card is issued;
b. The identification number issued for each individual taxicab or rent car licensed to operate in the City;
c. The date of issuance and expiration; and
d. The state license plate number and engine number of the taxicab or rent car displaying the same.
2. One container shall bear the driver’s license.
(Ord. 385, § 14(C), passed -- 1970)
5.16.170 INSPECTIONS AND SANITATION.
A. Within twenty (20) days after filing an application for a license, the owner shall furnish the Chief of Police with a certificate from an approved auto mechanic. The certificate shall state that the brakes, lights, and steering and running gears of each vehicle proposed to be licensed are in an operative and safe conditions.
B. The Chief of Police, or any member of the Police Department under his or her direction, shall have the right at any time after displaying proper identification to enter into or upon any licensed taxicab or rent car for the purpose of ascertaining whether or not any of the provisions of this chapter are being violated.
C. Any taxicab or rent car which is found, after any inspection, to be unsafe or in any way unsuitable for taxicab or rent car service shall be immediately ordered out of service; and, before again being placed in service, shall be placed in a safe condition, and the owner shall furnish the Chief of Police with a certificate from an approved auto mechanic or inspector stating that the condition has been corrected and that the vehicle is in an operative and safe condition.
D. The interior of every taxicab or rent car shall be thoroughly cleaned at least once in every 24 hours.
(Ord. 385, § 14(D), passed -- 1970)
5.16.180 TAXICAB OR RENT CAR STANDS.
A. Permits may be issued to the permittee under this chapter allowing the vehicles, while awaiting employment, to stand in certain designated places upon the street.
B. No permit shall be granted except upon the application of the person desiring the stand, filed with the City Manager, stating the number and kind of vehicles for which the permit is sought and the proposed location of the stand.
C. The City Manager may grant permits upon the recommendation of the traffic safety committee and the Chief of Police and subject to the approval of the first floor tenants of any building affected by the proposed stand.
(Ord. 385, § 14(E), passed -- 1970)
5.16.190 INSURANCE REQUIREMENTS.
Before any owner’s permit shall be issued, the owner shall be required to file with the City Clerk, and thereafter keep in full force and effect, policies of insurance in such form as set forth in the City’s Administrative Regulations as from time to time amended.
(Ord. 872, § 2, passed 8-25-2008)
5.16.200 LICENSE FEES.
License fees for taxicabs or rent cars shall be in the amount as established from time to time by resolution of the City Council.
(Ord. 871, § 11, passed 8-25-2008)
5.16.210 PERMIT FEES.
Before any license to operate a taxicab or rent car business is issued, the person commencing or operating the business shall have paid a permit fee in the amount as established from time to time by resolution of the City Council to cover the cost of processing the application.
(Ord. 890, § 14, passed 11-8-2010)