Chapter 5.80 PUBLIC TRANSPORTATION VEHICLES

For the purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:

(a) “Driver” means a person in direct and immediate possession or charge of driving or operating any taxicab for compensation.

(b) “Owner” means any person who is a lessee, lienholder, or the holder of legal title to any taxicab, as herein defined.

(d) “Taxicab” means an automobile or motor-propelled vehicle with maximum seating capacity of not more than eight persons, and used for the transportation of passengers who direct the route to be traveled over the streets, and not over a defined route or upon a fixed schedule, for compensation in accordance with the distance traveled and/or the time elapsed and number of passengers carried as determined by a (taxi) meter device, or by a flat rate schedule, irrespective of whether the operations extend beyond the boundary lines of the city of Fremont.

(e) “Taximeter” means an instrument or device attached to the taxicab by means of which instrument the authorized charge is mechanically, electronically, or otherwise calculated either on a basis of distance traveled or waiting time, or a combination thereof, which charge shall be indicated upon the taximeter by visible figures in dollars and cents.

(f) “Taxi service” means any service involving a taxicab as defined above. Such service does not include limousines, shuttle services or rental vehicles.

(g) “Handicapped accessible vehicle” means a vehicle designed to carry at least one person using a standard wheelchair or scooter and is designed to transport a person with a disability such that the passenger can remain in the wheelchair or scooter at all times while entering, riding in, and exiting the vehicle and can enter and exit the vehicle without assistance. A standard wheelchair or scooter may be both manual and power propelled and has a footprint of 36 inches by 60 inches. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2100.)

5.80.020 Permit – Taxicab business – Required – Exceptions.

(a) No person shall operate or cause to be operated in the city any taxicab unless there shall have been issued by the city manager and/or chief of police a taxicab business permit to the owner thereof and unless such permit shall be in full force and effect; provided, however, that no permit shall be required for any operations for which a certificate or permit has been issued by the public utilities commission of the state or by the interstate commerce commission of the United States of America.

(b) The applicant must be the registered owner of at least three taxicabs at the time of the filing of the application and must maintain at least three taxicabs and three permitted drivers while operating in the city of Fremont. Permit holders of business permits issued prior to adoption of this amendment to this chapter will be exempt from this provision. This exemption is nontransferable and the requirements of this section will become effective for any change of ownership of the business.

(c) Any taxicab may, however, transport a passenger or passengers from a point outside to a destination within the city or may proceed through the city while en route to a destination outside of the city without issuance of a permit, and such operations shall not of themselves constitute engaging in business in the city within the meaning of this chapter.

(d) Except for those permit holders regularly providing service in the city, no permit shall be required of any taxicab and driver in the city, exclusively and only, transporting nonresident students of the California School for the Blind and/or California School for the Deaf to and from said schools.

(e) Permits granted pursuant to this chapter constitute a privilege and do not constitute property of the permittee. No permit issued under this chapter shall be transferable or assignable, either expressly or by operation of law.

(f) No taxicab business permit shall be assigned without the prior approval of the city manager and/or chief of police. Any permit assigned without the prior approval of the city manager and/or chief of police is null and void.

(g) Every person holding a valid permit to engage in a taxicab business in the city for which a certificate of compliance – public transportation vehicles had been required prior to the effective date of this section shall be deemed to be providing such service in the city and also shall be deemed to be fit, willing and able to perform such public transportation service and to conform to the provisions of this chapter for a period of one year from the adoption of this chapter by the city council. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2101.)

5.80.030 Permit – Application for permit – Taxicab business.

Any person or persons upon payment of the application fee established by fee resolution of the city council may apply to the city for a taxicab business permit to operate any taxicab by filing with the city manager and/or chief of police, in such form as may be prescribed, an application containing the following information:

(a) Application Information.

(1) The name, residence and business address of the applicant, if a natural person. If a firm, association or partnership, the name and address thereof and the names and residences of any/all members, associates, partners. If a corporation, the name and address thereof and the names and addresses of any persons owning more than 20 percent of the voting stock of the corporation as well as the names and addresses of any/all corporate officers.

(2) Live Scan fingerprint receipt and two current passport size photographs of each person named in the application.

(3) Social Security number of the applicant if a natural person, if a corporation then the Social Security numbers of all officers.

(4) Nature of business and the fictitious name, if any, under which the business is proposed to be operated.

(5) All previous experience in the operation of the type of business for which a certificate is requested.

(6) Whether any license, permit or certificate issued to the applicant has been denied, revoked or suspended by any public authority. The circumstances of said denial, revocation or suspension shall be fully explained.

(7) The number of vehicles proposed to be operated and their make, model, vehicle identification number, license number, company assigned taxi number and year of manufacture.

(8) The color scheme, name, monogram or insignia to appear on the vehicles.

(9) A complete schedule of fares or rates to be charged and services to be offered. All subsequent rate changes shall be filed in manner of the initial application.

(10) A copy of the taxicab meter inspection certificate provided by the county department of weights and measures for each taxicab the company proposes to put into service within the city.

(11) A completed taxicab inspection form for each vehicle to be placed into service.

(12) The location and description of the place or places from which it is intended to operate the business for which a permit is requested.

(13) Satisfactory proof that the proposed business location(s) is/are properly zoned and is/are in compliance with any required land use permit, for the conduct of the proposed business.

(14) A duplicate copy of the insurance policies and additional insured certification required by Section 5.80.270; or where not yet issued, the written statement from an insurer that such insurance policies will be issued if the application is granted.

(15) A statement as to whether or not the applicant(s) or any officers of the applicant have been convicted of any crime, misdemeanor or violation of any municipal ordinance or state law (other than minor traffic and parking offenses), the nature of the offense and the punishment or penalty assessed for the offense.

(16) Evidence that the applicant has registered the business with the city and has paid the appropriate business tax and has no outstanding debts with the city.

(17) The name, address, contact telephone number of the owner or manager.

(18) Such other information as the city manager and/or chief of police may deem necessary in support of the public health, safety and welfare.

(b) The applicant will have 90 days to finalize the application process. Incomplete applications will be denied after 90 days.

(c) All taxicab business permit holders are required to maintain their current home and business addresses on file with the police department taxi program coordinator, and to give written notification of any changes thereof to such taxi program coordinator within 10 calendar days. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2102.)

5.80.040 Permit renewal.

The renewal of a taxicab business permit shall be made on an annual basis to the city manager and/or chief of police. The renewal procedure shall be limited to the review and updating of the taxicab business permit application information and the annual vehicle inspection certificate and will be subject to fees established by resolution of the city council. If there are substantial changes in the permit holder’s information, the city manager and/or chief of police may require that the permit holder submit a new application for review and approval. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2103.)

5.80.050 Permit fee.

The applicant for a taxicab business permit shall submit the application fee as set forth in the schedule of fees established by resolution of the city council. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2104.)

5.80.060 Investigation upon filing of application.

Within 60 working days after receipt of the application, an investigation will be made of the application and the proposed operation. Upon completion of the investigation, the person conducting the investigation shall make a recommendation to the city manager and/or chief of police for or against the issuance of the permit applied for. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2105.)

5.80.070 Grounds for denial of taxicab business permit.

(a) Grounds for denial of an application for taxicab business permit are as follows:

(1) The application fails to contain all of the required information as set forth in Section 5.80.030;

(2) Information contained in the application is false;

(3) The name under which the applicant will conduct business, or the applicant’s proposed color scheme or other marking, design or insignia, will tend to confuse the identification of taxicabs which the applicant proposes to operate with those operated under existing taxicab business permits;

(4) The city manager and/or chief of police determine that, based upon the application information and consideration of professionally accepted accounting principles, it appears that the applicant lacks the financial ability to provide the proposed service in a safe and continuous manner;

(5) Any vehicle proposed for operation is not safe, and the applicant has failed to remove such vehicle from service or to substitute a safe vehicle in its place within a reasonable time;

(6) The applicant has failed to comply with any term, condition or requirement in a certificate of compliance or taxicab business permit previously issued;

(7) An act or omission of the applicant constitutes a ground for revocation or suspension as provided in Section 5.80.400;

(8) The applicant, within 10 years prior to the date of the application, has been convicted of a crime, and the crime is substantially related to the qualifications, functions or duties of a public transportation business;

(9) The applicant is on parole or probation for a crime, and the crime is substantially related to the qualifications, functions and duties of a public transportation business;

(10) The applicant, within 10 years prior to the date of application, has committed an act involving violence, dishonesty or fraud with the intent to injure another person or to benefit the applicant or another;

(11) The applicant has had a certificate of compliance or taxicab business permit issued under the provisions of this chapter revoked within five years of the date of the application;

(12) The applicant has failed to pay when due any applicable taxes imposed by the city.

(b) An applicant that is denied on the basis of misstated or omitted information must wait for a period of 12 calendar months before submitting a new application. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2106.)

5.80.080 Taxicab business permit denial – Appeal procedure.

The decision of the city manager and/or chief of police to deny the application for taxicab business permit may be appealed to an administrative hearing officer of the city of Fremont as provided in this code. The applicant shall have 15 days from the date of the application denial to request a hearing before an administrative hearing officer for the city of Fremont. A request for hearing shall be addressed to the Taxi Program Coordinator, City of Fremont Police Department, 2000 Stevenson Boulevard, Fremont, California 94538. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2107.)

5.80.090 Additional vehicles.

(a) Permission to operate vehicles in addition to those approved under the initial taxicab business permit may be obtained by filing an application amendment with the city manager or chief of police in the same manner as prescribed by this chapter for obtaining the initial certificate.

(b) In granting or denying such applications for additional vehicles, city manager and/or chief of police shall have the same authority as vested by this chapter in the matter of the initial application.

(c) Any additional vehicles must have the documentation required in Section 5.80.030, including documentation of insurance coverage as required by this chapter.

(d) Any permit holder or any combined permit holders owned by the same individual or company operating eight or more taxicabs will be required to have a handicapped accessible equipped van, as defined in Section 5.80.010(g). The handicapped accessible van is required to be available for service between the hours of 8:00 a.m. and 8:00 p.m. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2108.)

5.80.100 Substitution of vehicles.

The holder of a taxicab business permit may substitute a different vehicle for a taxicab in operation under a permit issued pursuant to this chapter, by filing an application amendment with the city manager and/or chief of police in the same manner as the initial application, setting forth the following:

(a) Description of the vehicle, including make, model, vehicle identification number, license number and year of manufacture;

(b) Reasons for proposed substitution;

(d) Evidence that the vehicle is covered under the insurance policies required by Section 5.80.270. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2109.)

5.80.110 Revocation or suspension of taxicab business permit.

The city manager and/or chief of police shall issue a notice of intent to revoke or suspend to the permit holder of a taxicab business permit sent by certified mail to the permit holder’s address as officially listed in the original certificate on file or in any subsequent notice of change of address given by the permit holder. The permit holder shall have 15 days from the date of the notice to request a hearing before a city hearing officer. A request for hearing shall be addressed to the Taxi Program Coordinator, City of Fremont Police Department, 2000 Stevenson Boulevard, Fremont, California 94538. No refund of prepaid fees shall be made upon revocation or suspension of any such permit. If no hearing is requested prior to the expiration of the 15-day appeal period, then the city manager and/or chief of police may revoke or suspend any such permit on any grounds stated in this chapter or on any of the following grounds:

(a) The violation of the permit holder of any of the terms, conditions or requirements of the taxicab business permit or of this chapter.

(b) Any act or omission of the permit holder, operator, lessee or driver of any vehicle covered by the permit which, if it existed at the time the application was filed, would have warranted the denial of the application.

(d) Failure of the permit holder to pay any judgment against the permit holder for personal injury or death or property damage arising out of the conduct of the permit holder’s business, within 30 days after the judgment has become final.

(e) Overcharge of, the attempt to overcharge, or knowledge of overcharge of fares by the permit holder or driver, as prohibited by Section 5.80.150.

(f) For the violation of any of the laws of the federal or state government, or local ordinances of the city, including the regulations of this chapter, by the permit holder, operator, lessee, or driver of any public transportation vehicle covered by the permit.

(g) Failure of the permit holder to pay when due any applicable taxes imposed by the city.

(h) Whenever the permit holder or any agent of the permit holder has reason to believe that any taxicab driver is operating a taxicab while under the influence of any controlled substance or alcohol in excess of legal limits. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2110.)

5.80.120 Administrative enforcement.

(a) Violations of any provisions of this chapter, for which an administrative citation is issued, to the taxicab business permit holder or any one of a taxicab business permit holder’s employee drivers, lessees or persons operating a vehicle under some other legal arrangement with the permit holder, within any 12-month period, may result in the imposition of discipline actions as follows:

(1) First violation: Suspension of the taxicab business permit for a period of not more than three calendar days.

(2) Second violation: Suspension of the taxicab business permit for a period of not more than seven calendar days.

(3) Third violation: Suspension of the taxicab business permit for a period of not more than 30 calendar days.

(b) Any violation of this chapter subsequent to the first shall be counted as a second or third violation, even if the violation involves a different vehicle, driver, or violation of a different section of this chapter.

(c) Three suspensions within any 12-month period may result in revocation of the taxicab business permit. The holder of any revoked permit may not reapply for a period of 12 months. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2111.)

5.80.130 Taxicab fares.

No permit holder or driver shall charge or receive any rates or fares for use of a taxicab greater than those established by resolution of the city council. Such charges shall be applicable to all portions of the passenger’s travel, both inside and outside the city where the travel originates in the city. Bona fide tips are not prohibited by this section.

Rates and fares for the use of taxicabs licensed under this chapter shall be adopted by resolution. The city council may, upon its own motion, or upon application of a holder of the taxicab business permit, adjust such rates and fares to reflect the prevailing rates and fares charged by taxicab businesses in the neighboring cities. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2112.)

5.80.140 Display of rate schedule, taxicab business permit and taxicab driver’s permit, out of service sign.

No driver shall operate any taxicab permitted under a taxicab business permit unless a schedule of rates and fares for the use of the vehicle is posted in a conspicuous place and in a permanent and secure manner in the passenger compartment. Rates and fares should be printed in text no less than one-half inch in height.

Each taxicab permitted under a taxicab business permit shall have affixed to the upper right side of the vehicle’s rear window and the lower left side of the front windshield the taxicab business permit decal.

No driver shall operate any taxicab permitted under a taxicab business permit without placing a copy of his or her taxicab driver’s permit in view of the passengers therein.

Each taxicab permitted under a taxicab business permit shall be equipped with two “Out of Service” signs. These signs must use letters of no less than a two-inch height, in a bold type face, and shall be posted on both side rear windows of the vehicle any time the taxicab is not available for hire. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2113.)

5.80.150 Excessive charges.

No permit holder, operator or driver of any taxicab, shall in connection with any trip originating in the city, charge, collect, demand, receive or arrange for any rate for such trip in excess of the amount authorized in accordance with the schedule of rates as posted pursuant to Section 5.80.130.

It shall constitute a ground for revocation or suspension of a taxicab business permit and/or a taxi driver’s permit for any permit holder or driver to charge a greater fare than has been set by resolution of the city council.

The permit holder or driver who overcharges a taxicab fare shall be liable to the person who hires the vehicle for the difference between the amount of the fare actually charged and the amount of the fare filed in accordance with this chapter.

The remedies provided by this section are in addition to any other legal or equitable remedies, and are not intended to be exclusive. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2114.)

5.80.160 Signs and identification of taxicabs.

Every taxicab used for carrying passengers for hire shall display on the rear of the driver’s seat in the passenger’s compartment and in full view of the passenger, or passengers, a card not smaller than six inches by four inches and printed in text no smaller than one-half inch in height (or such other standard specified by the city manager and/or chief of police), which shall have printed thereon the permit holder’s name and the fictitious business name under which he or she operates and the business address and the telephone number of such permit holder. In addition, printed on the card shall be the telephone number of the Fremont police department where passengers can file complaints regarding the rates charged or services rendered by the taxicab driver.

On the lower left side of the windshield of every taxicab approved under a taxicab business permit there shall be placed the permit decal issued to the taxicab company. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2115.)

5.80.170 Insignia – Color scheme.

The vehicles of every taxicab business permit holder operating in the city shall be of a color scheme and bear the permit holder’s trade name, monogram or insignia which are distinguishable from the color scheme, trademark, monogram or insignia used on the vehicles of any other permit holder already operating pursuant to this chapter. It is unlawful for any person soliciting patronage from any vehicle described in this chapter to represent by mark, sign or insignia that the vehicle for which said person is soliciting such patronage is a vehicle operated by other than the actual permit holder. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2116.)

5.80.180 Exclusive use of taxicabs.

Any person who hires a taxicab shall have the exclusive right to use the taxicab. There shall not be additional charges for any of the person’s companions or personal belongings.

No permit holder or driver shall carry or solicit, or permit to be carried or solicited, any additional passengers unless the person first hiring the taxicab consents to the acceptance of such additional passenger. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2117.)

5.80.190 Duty to provide services.

No permit holder or driver of any taxicab shall refuse to provide taxicab service to a person who requests to be taken to a destination within the city, and no fare will be denied on the basis of race, gender, color, religion, national origin, disability, or sexual orientation.

The permit holder or driver may refuse to provide taxicab service only when:

(a) The person requesting such service poses a threat to the driver, other passengers, or the public safety.

(b) The service is requested for an unlawful purpose.

5.80.200 Direct route.

Unless otherwise directed by the passenger hiring the taxicab, the driver of such taxicab shall take the most direct, expeditious and safe route from the starting point to the destination point. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2119.)

5.80.210 Taximeter required.

All taxicabs shall be equipped with a taximeter in working order, and shall be of a type and design approved by the city manager and/or chief of police. The taximeter shall be arranged and illuminated so that any passenger may conveniently observe it and the amount of fare registered thereon, and shall be subject to inspection at all times by the city manager and/or chief of police.

All taximeters must be certified by the county department of weights and measures of the county where the company is based on a yearly basis. The permit holder will provide the city manager and/or chief of police a copy of the inspection certificate with the annual renewal of the certificate of compliance.

The city manager and/or chief of police shall compel the permit holder to discontinue the operation of any taxicab in which the taximeter is found to calculate incorrectly until the taximeter is replaced with one in proper working order, or is repaired, and the meter has passed the inspection of the county department of weights and measures.

Every driver or permit holder while operating any taxicab shall at all times maintain the flag attached to the taximeter in a position to correctly denote whether the vehicle is or is not employed, and shall at all times place the flag of the taximeter in a nonrecording position at the termination of each and every service. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2120.)

5.80.220 Refusal of passenger to pay legal fare – Hiring with intent to defraud.

No person shall refuse to pay the legal fare of any taxicab or other public transportation vehicle after having hired the same, and no person shall hire any such vehicle with the intent to defraud the person from whom it is hired. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2121.)

5.80.230 Equipment and conditions required.

(a) Each taxicab operated under a taxicab business permit issued pursuant to this chapter shall at all times have all equipment required by the California Vehicle Code including, but not limited to, the following equipment:

(1) One operable safety belt for each passenger carried;

(2) A spare tire, capable of being used on any of the wheels of the vehicle;

(3) A set of tools for changing tires;

(4) A hydraulic and emergency braking system in proper operating order;

(5) Safety or shatterproof glass in windshield, windows and doors;

(6) Interior and exterior rearview mirrors;

(7) A fully charged, working fire extinguisher;

(8) A viewable record which contains the time of beginning the trip, time of end of trip, location where passenger was picked up and location where passenger was delivered. This record must be retained for a minimum of 90 days.

(b) Each taxicab operated under the taxicab business permit issued pursuant to this chapter shall be maintained in such condition so that:

(1) All doors, windows, hood and trunk will open and close securely;

(2) The inside of the taxicab and the luggage compartment is free of litter and trash, and does not soil, rip or otherwise damage the passenger’s clothing or effects; and does not have torn or improperly repaired upholstery, headliners or floor covering;

(3) The exterior of the vehicle is clean and in good repair, and does not have any peeling paint, paint primer, dents, rust or missing components such as chrome, rubber strips, or other trim pieces which are discernible from five feet of the vehicle. The vehicle exterior shall not have damage of any one area greater than one linear foot or damage in aggregate of more than three linear feet. The measurement of each damaged area will be taken between the two most widely spread points of affected surface;

(4) The exterior decals, lettering and numbering are not peeling, defaced, or improperly repaired or maintained; no magnetic type signage is allowed. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2122.)

5.80.240 Safety and compliance inspection and reinspection.

All taxicabs shall be inspected annually for safety and mechanical fitness in the manner provided for by Sections 5.80.030(a)(10) and (11). The inspection shall be complete prior to the renewal of the taxicab business permit as required in Section 5.80.040.

The driver of a taxicab shall inspect the taxicab and its equipment at least once each day.

The permit holder of a taxicab shall be responsible for the safety of each cab. The permit holder shall make diligent efforts including routine inspection and daily written documentation of the safety of all taxicabs. The permit holder shall not permit any taxicab to be used when the permit holder, owner, lessee, or operator has reason to know that a taxicab is in an unsafe condition.

Any officer of the Fremont police department may at any time inspect any vehicle being operated pursuant to the provisions of this chapter to ensure that it complies with the California Vehicle Code as well as all requirements of this chapter and is in good mechanical order and does not endanger the safety of passengers and/or the public. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2123.)

5.80.250 Report of accidents.

Each holder of a taxicab business permit and/or a taxicab driver permit in an accident with a fare in the taxicab or any accident resulting in property damage exceeding $500.00 or personal injury of any kind shall report the accident to the police department taxi program coordinator within five business days after the accident. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2124.)

5.80.260 Permit holder’s records.

(a) The permit holder shall maintain at all times complete and accurate records of:

(1) The names, addresses and dates of commencement and termination of employment or engagement under contract of all drivers;

(2) The description of the taxicab driven by each driver, including make, model, vehicle identification number and license number;

(3) The hours during which each driver is on duty and the number of trips taken by each driver;

(4) All dispatch calls received and made by the permit holder, including starting and destination points and times.

(b) The permit holder shall maintain such records for a minimum period of five years and shall make them available for inspection upon request by any authorized officer or employee of the city of Fremont.

(d) The duty to maintain accurate and complete records applies to all taxicabs operated under a taxicab business permit, regardless whether the taxicab is operated by an employee driver, a lessee driver, or person operating the vehicle under another legal arrangement. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2125.)

5.80.270 Insurance requirements.

No permit holder shall operate any taxicab in the city unless such taxicab and its driver shall be insured against personal injury, property damage and general liability in the amount of $500,000. Insurance may be provided by carriers outside of California upon approval of the city’s risk manager. The city shall be named as an additional insured. Written evidence of such insurance must be filed with the city manager and/or chief of police in the same manner as the initial application and be maintained concurrently with all taxicab operations. All insurance certificates shall include a complete list of the vehicles covered and shall include vehicle identification numbers and vehicle license plate numbers. All policies are subject to verification by the risk manager of the city. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2126.)

5.80.280 Testing of taxicab drivers for controlled substances and alcohol.

No taxicab business permit or taxi driver’s permit shall be issued or renewed unless the holder at the time of issuance or renewal files with the Fremont police department a certification that the holder maintains a mandatory controlled substance and alcohol testing certification program conforming to 49 CFR Part 40 for all drivers of vehicles operated under the permit.

No taxicab business permit or taxi driver’s permit shall be issued or renewed unless the holder at the time of the permit issuance or renewal files with the Fremont police department a certification that each driver of vehicles operated under the permit has tested negatively for controlled substances and alcohol under a mandatory controlled substance and alcohol testing certification program conforming to 49 CFR Part 40. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2127.)

5.80.290 Controlled substance and alcohol policy required.

All taxicab business permit holders must have a written controlled substance and alcohol policy for their company. A copy of this policy must be on file with the police department taxi program coordinator as part of the permit application; no permit shall be issued or renewed unless the document has been submitted by the applicant. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2128.)

5.80.300 Taxicab driver’s permit required – Exceptions.

No person shall operate or cause to be operated in the city any taxicab unless that person shall have been issued by the city manager and/or chief of police a taxicab (taxi) driver’s permit, and such permit shall be in full force and effect; provided, that no permit shall be required for any operations for which a permit has been issued by the Public Utilities Commission of the state or by the Interstate Commerce Commission of the United States of America.

Any taxi driver may, however, transport a passenger or passengers from a point outside to a destination within the city or may proceed through the city while en route to a destination outside of the city without issuance of a taxi driver’s permit.

No taxi driver’s permit shall be required of any driver in the city, exclusively and only, transporting nonresident students of the California School for the Blind and/or California School for the Deaf to and from said schools. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2129.)

5.80.310 Taxicab driver’s permit – Application.

Any person upon payment of the application fee, established by fee resolution of the city council, may apply to the city for a taxicab driver’s permit to operate any taxicab by filing with the city manager and/or chief of police, in such form as may be prescribed, an application containing the following information:

(a) Application Information.

(1) The name, age, and residence address of the applicant;

(2) The number of years of experience the applicant has operating a taxicab;

(3) The names and business addresses of the applicant’s employers during the preceding three years;

(4) Social Security number of the applicant;

(5) Whether any license, permit or certificate issued to the applicant has been denied, revoked or suspended by any public authority. The circumstances of said denial, revocation or suspension shall be fully explained;

(6) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any municipal ordinance or state law (other than minor traffic and parking offenses), the nature of the offense and the punishment or penalty assessed for the offense;

(7) The name and business address of the taxicab company by whom the applicant will be employed or engaged under contract as a taxicab driver;

(b) The applicant must also submit:

(1) An endorsement by the taxicab business permit holder, by whom the applicant is to be employed or engaged under contract as a taxicab driver, stating that the applicant has acquired proficient knowledge of the traffic laws of the state of California and the city, and of the streets of the city, as well as the ability to read and understand the English language, and to safely operate a taxicab in the city;

(2) Proof of compliance with federal controlled substance and alcohol testing requirements and evidence that the applicant has submitted to a test for drugs and alcohol through a Public Utilities Commission approved drug and alcohol testing provider within 30 days prior to submitting their taxicab driver permit application;

(3) Two current passport type photographs;

(4) A Live Scan fingerprint receipt;

(5) Such additional information as may be required by the city manager and/or chief of police in support of the public health, safety and welfare.

The applicant will have 90 days to finalize the application process. Incomplete applications will be denied after 90 days. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2130.)

5.80.320 Permit requirements – Testing.

Prior to initial issuance of a taxicab driver’s permit the applicant must demonstrate to the chief of police:

(a) Proficient knowledge of the traffic laws of the state of California and the city;

(b) Proficient knowledge of the streets of the city;

(d) Ability to effectively communicate with passengers in English.

All applicants shall be required to successfully complete both a written and practical (driver’s) examination administered through the police department taxi program coordinator on a regularly scheduled basis, wherein the applicant has been required to demonstrate the above mentioned proficiencies and abilities. The applicant shall be required to pass the written examinations with a score of not less than 75 percent. The applicant must also pass the map and practical driving examinations. An applicant that fails to pass any test can retake each test one additional time after a failure. After a second failure of the same examination, the applicant is rejected and must wait 90 days before reapplying for a permit as a new applicant with all appropriate fees.

The written, map, and practical examinations will not be required for the annual renewal; however, the city manager and/or chief of police may require a permit holder to retake the examinations prior to reissuance of a suspended or revoked permit. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2131.)

5.80.330 Permit fee.

The applicant for a taxicab driver’s permit shall submit a nonrefundable application fee as established by resolution of the city council. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2132.)

5.80.340 Grounds for denial.

The chief of police may deny an application for a taxicab driver’s permit, or an application for a renewal or transfer for a taxicab driver’s permit, filed by any person for any of the following reasons:

(a) The applicant is under 18 years of age;

(b) The applicant is not in possession of a valid driver’s license, for a minimum of one year, issued by the California Department of Motor Vehicles for the type of vehicle the applicant proposes to use as a taxicab in the city;

(c) The applicant has received a positive result in any random test for controlled substances and alcohol within the prior 12 calendar months;

(d) The applicant is not able to demonstrate both a proficient knowledge of traffic laws of the state and the city, and proficient knowledge of the English language to allow for effective communication of destinations, directions and the ability to read and understand street signs and road maps;

(e) The applicant has failed to provide the information required for the permit application;

(f) Information required on the application was misstated, omitted or the application contains fraudulent, false, or misleading statements or omissions of facts;

(g) The applicant has been convicted of an offense which requires registration pursuant to Cal. Penal Code § 290;

(h) Applicant has been convicted, within a 10-year period prior to the application date, of an offense involving the sale of a controlled substance specified in Cal. Health & Safety Code §§ 11054, 11055, 11056, 11057, 11058, 11351, 11352, 11358 through 11363 or 11378 through 11380, or equivalent offenses under the laws of another jurisdiction, even if expunged pursuant to Cal. Penal Code § 1203.4;

(i) Applicant has been convicted, within a 10-year period prior to the application date, of any offense involving the use of force or violence upon another person;

(j) Applicant has been convicted of any offense involving sexual misconduct with children or adults;

(k) The applicant has engaged in any conduct which would constitute an offense as described in subsection (g), (h), (i) or (j) of this section, during the 10-year period prior to the application date;

(l) The applicant has been arrested or convicted, during the 10-year period prior to the application date, of reckless driving or driving under the influence of any drug or intoxicating liquor, regardless of whether the incident resulted in bodily injury or death;

(m) When the applicant driver’s license record has:

(1) Two points and any other moving violation or “at fault” in traffic collision;

(2) Three points;

(3) Failure to appear (FTA);

(n) The applicant is on parole or probation for a crime, and the crime is substantially related to the qualifications, functions or duties of a taxicab driver;

(o) Applicant has had a taxicab driver’s permit issued pursuant to this chapter, or issued by another jurisdiction, revoked within the past three years;

(p) The applicant has failed to pay all applicable taxes imposed by the city of Fremont;

(q) The city manager and/or chief of police may deny the granting of any taxicab driver’s permit when the granting of such permit would be in violation of any law or would endanger the public health, peace or safety.

An applicant that has a taxi driver’s permit denied shall not reapply for the permit for a period of not less than one year from the date of denial. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2133.)

5.80.350 Issuance of permit and renewal.

Within 90 working days after receipt of the application, the city manager and/or chief of police shall issue a taxicab driver’s permit to the applicant, if it is determined that no grounds exist for denial of the permit.

The duration of the permit issued pursuant to this chapter shall be for one year from the date of issuance.

Renewal of a taxicab driver’s permit shall require an application, current drug test (within 12 months of the date of renewal), proof of compliance with federal controlled substance and alcohol testing requirements, two current passport type photographs, renewal fee, and a background check.

Any taxi driver permit that is expired for more than 31 days shall also submit a Live Scan fingerprint receipt. Driver permits that are expired for 61 days or more shall not be renewed, and the driver must reapply as a new applicant.

All taxicab driver’s permit holders are required to maintain their current home address on file with the police department taxi program coordinator and to give written notification of any changes thereto within 10 calendar days.

Any person issued a taxicab driver’s permit who is subsequently convicted of any felony or misdemeanor offense, or has an outstanding warrant for failure to appear under Cal. Penal Code § 853.7, shall immediately notify the police department taxi program coordinator. Any taxicab driver who ceases to possess a valid state of California driver’s license shall immediately so inform his/her employer and the taxi program coordinator. (Ord. 13-2012 § 1, 7-17-12; amended during 2012 reformat. 1990 Code § 5-2134.)

5.80.360 Information on permit.

(a) Each taxicab driver’s permit shall be numbered and signed by the city manager and/or chief of police and shall contain the following information:

(1) The permit number and date of expiration of the permit;

(2) The driver’s name;

(3) A description of the driver including age, gender, height, weight, color of eyes and color of hair;

(4) The name of the taxicab business permit holder by whom the driver is employed or engaged under contract;

(5) The driver’s photograph;

(6) Any other information as may be deemed necessary by the city manager and/or chief of police.

(b) Once issued, the taxicab driver’s permit must be in clear view of the passenger of any taxicab operated by the driver. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2135.)

5.80.370 Termination of employment or contract.

The taxicab driver’s permit shall be automatically revoked upon the termination of the driver’s employment or contract with the taxicab business permit holder who endorsed the permit application as required by Section 5.80.310(b)(1).

Within 10 days of termination of employment or contract, the taxicab driver and the taxicab business permit holder of the taxicab company shall be jointly and severally responsible for notifying the city in writing of such termination and surrender to the city police department any taxicab driver’s permit in their respective possessions. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2136.)

5.80.380 Transfer of permit.

The city manager and/or chief of police may approve transfer of a taxicab driver’s valid permit to an applicant without requiring the applicant’s fingerprints and the permit fee, if an application endorsed by another taxicab business permit holder is filed within 30 days after the applicant’s prior employment or contract with a taxicab business as a driver was terminated. The permit fee shall be waived for only one transfer; any subsequent transfer may be approved upon payment of a processing fee established by resolution of the city council.

If a driver changes his/her employment from one business to another, he/she shall, within 10 calendar days, submit a transfer application with the new employer’s endorsement. This section does not apply to an applicant whose employment or contract with a taxicab business as a driver was terminated for reasons which constituted any of the grounds for denial, suspension or revocation of a taxicab driver’s permit. (Ord. 13-2012 § 1, 7-17-12; amended during 2012 reformat. 1990 Code § 5-2137.)

5.80.390 Issuance prior to amendment.

All taxicab driver’s permits and taxicab business permits issued prior to the effective date of this amendment to this chapter shall be deemed issued pursuant to this chapter as amended and shall in all respects be subject to the provisions of this chapter as amended. All current permit holders shall be responsible for meeting all requirements of this chapter prior to the anniversary date of the issuance of their current permit. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2138.)

5.80.400 Suspension or revocation of a taxicab driver’s permit.

The city manager and/or chief of police shall have the power to suspend or revoke a taxicab driver’s permit issued under this chapter, on any grounds stated in this chapter or on any of the following grounds:

(a) Suspension, revocation or expiration of the driver’s privilege granted by the California Department of Motor Vehicles to operate a motor vehicle on the public highways of the state;

(b) The violation by the driver of any terms, conditions or requirements of the taxicab driver’s permit or of this chapter;

(c) Any act or omission of the driver or any fact or condition which, if it existed at the time the application for a taxicab driver’s permit was filed, would have warranted the denial of the application;

(d) Failure of the driver to pay any judgment against the driver for personal injury or death, or property damage arising out of the driver’s operation of a taxicab, within 30 days after the judgment has become final;

(e) The driver consumed drugs or alcohol or is under the influence of drugs or alcohol while on duty or is convicted of a crime relating to drugs or alcohol;

(f) Overcharge of, or the attempt to overcharge, taxicab fares by the driver, as prohibited by Section 5.80.150.

(g) Any reissuance of the taxicab driver’s permit after suspension or revocation may require submission of items as set forth in Section 5.80.350. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2139.)

5.80.410 Administrative enforcement.

Violations of any provisions of this chapter, for which an administrative citation is issued, to any taxicab driver’s permit holder within any 12-month period shall result in the imposition of the following punitive actions:

First violation: Suspension of the taxicab driver’s permit for a period of not more than three calendar days.

Second violation: Suspension of the taxicab driver’s permit for a period of not more than seven calendar days.

Third violation: Suspension of the taxicab driver’s permit for a period of not more than 30 calendar days.

Any violation of this chapter subsequent to the first shall be counted as the second or third violation and will result in additional punitive action. Three suspensions within any 12-month period may result in the revocation of the taxicab driver’s permit. The holder of any revoked permit may not reapply for a period of 12 months, and reissue of the permit is not guaranteed upon reapplication. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2140.)

5.80.420 Emergency suspension.

The city manager and/or chief of police may issue an order summarily suspending a taxicab driver’s permit for a period not to exceed 10 calendar days without having conducted a hearing if the city manager and/or chief of police determines that the continued use of the permit will cause immediate hazard to the public safety, health or welfare. The order of suspension shall be personally served to the permit holder.

Within five calendar days of the date on which the emergency suspension was issued, the driver may send a written request for a hearing to the police department taxi program coordinator, in order to allow the driver to show cause why the certificate or permit should not be suspended or revoked.

If no hearing is requested prior to the expiration of the five-calendar-day period, the driver then is deemed to have waived all appeal rights and the suspension becomes effective for its prescribed period. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2141.)

5.80.430 Reissuance of driver’s permit after positive controlled substance or alcohol test.

Any holder of a taxicab driver’s permit who tests positive for controlled substances or alcohol shall have his/her permit revoked immediately upon notice to the city of the positive test. Such permit may be reissued at the discretion of the city manager and/or chief of police upon written certification of completion of all required procedures as described in 49 CFR Part 40. Reissuance of driver’s permit after suspension or revocation may require submission of items as set forth in Section 5.80.350. The notice of revocation shall be served to the permit holder. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2142.)

5.80.440 Appeal of taxi driver’s permit denial, suspension or revocation.

(a) An applicant whose permit is denied or a permit holder whose permit is suspended or revoked may request a hearing before an administrative hearing officer of the city of Fremont. A request for hearing must be made in writing and addressed to the Fremont Police Department, Taxi Program Coordinator, 2000 Stevenson Boulevard, Fremont, California 94538. The applicant or permittee shall have 15 days from the date of the denial of a permit or notice of a suspension or revocation to request a hearing before a city hearing officer.

(b) All hearings shall be conducted within 10 working days of the date the request was received by the city manager of the city of Fremont. The appellant may request one extension of the hearing date. (Ord. 13-2012 § 1, 7-17-12. 1990 Code § 5-2143.)