Chapter 5.20 TAXICABS

D. "Taxicab" means every motor vehicle (other than a charter bus licensed and regulated by the state under Public Utilities Code section 5351 et seq.) used in the business of carrying passengers for hire over the public streets of this city and not over a defined route, and irrespective of whether the operation extends beyond the boundaries of said city, such vehicle being routed under the direction of such passenger or passengers or of the persons hiring the same.

E. "Taxicab stand" means a public place alongside the curb of a street or elsewhere in the city which has been designated by the council for the use of taxicabs while waiting for employment.

F. "Taximeter" means an instrument or device attached to a taxicab by which the fare authorized for hire of such taxicab is mechanically calculated either on a basis of distance traveled or for waiting time, or a combination of both, which fare shall be indicated upon such taximeter by means of legible figures, in dollars and cents. (Ord. 470, 2007)

5.20.020 Permit--License:

No person shall operate, or cause to be operated, within the city, any taxicab owned or controlled by such person, without first having obtained a permit and license, as herein provided and such permit and license are in full force and effect. (Ord. 470, 2007)

5.20.030 Permit--Application:

Any owner desiring to obtain the permit required by section 5.20.020 of this chapter shall make application therefor to the city council. Each such application shall be accompanied by a bond or policy of insurance hereinafter required, and shall be in writing and set forth the following:

A. The name, age and business address and residence of the applicant if a natural person; or if a corporation, its name, date and place of incorporation, and the names of its principal officers; or if a partnership, association or fictitious company, the names of the partners or of the persons comprising the association or company with the place of business and residence of each such partner or person;

B. A description of every motor vehicle which the applicant proposes to use, giving the name of the manufacturer thereof, the motor number, serial number and state license number of each vehicle;

C. The street number and exact location of the place or places where the applicant proposes to stand each such taxicab;

D. A schedule of rates or fares to be charged for carrying passengers in taxicabs;

E. The color scheme, name, monogram or insignia on such taxicab or taxicabs;

F. If the proposed stand is in the public street, said application shall be accompanied by a written consent thereto of all the occupants of the ground floor of any building in front of which such taxicab is to be located, or if there is no such occupant, by the written consent thereto of the owner or lessee of such building, of if such proposed stand is not in front of any building, by the written consent thereto of the owner or lessee of the lot in front of which such taxicab stand is proposed to be located;

G. Such further information as the city councilor the city clerk shall require. (Ord. 470, 2007)

5.20.040 Application--Notice Of Filing:

Immediately upon the filing of such an application, the city clerk shall cause a notice to be published in a newspaper of general circulation within the city, which notice shall set forth the fact that an application has been filed for a permit and license to operate taxicabs, the name of the applicant, the number of vehicles proposed to be operated, and the time and place at which the city council will hold a hearing on said application, as hereinafter provided. The notice shall be published once at least ten (10) days prior to the hearing. On filing the application, the applicant shall pay to the city clerk the sum of fifty dollars ($50.00) to cover the cost of advertising. (Ord. 470, 2007)

5.20.050 Application--Hearing:

Any interested person may file written objections or protests to the granting of such permit and license at any time before the hearing. The council shall consider all the objections or protests, and in conducting its hearing shall have the right to call such witnesses as it may see fit. In such hearings the burden of proof shall be upon the applicant to establish by clear and convincing evidence which shall satisfy the council that public convenience and necessity require such operation of the vehicle or vehicles for which said application has been made and that such applicationin all respects should be granted. The city council, in determining whether or not public convenience and necessity exists, shall take into consideration all facts which it may deem pertinent and proper. No such application shall be granted unless the council shall first make its specific findings that each of the following conditions exists:

A. The applicant is financially responsible;

B. The applicant is of good moral character or the officers of said applicant are of good moral character;

C. The persons holding permits or licenses for the operation of motor vehicles for hire are under efficient management, earning a fair and reasonable return on their capital devoted to such service;

D. Persons holding permits or licenses for the operation of vehicles for which application is being made are, under normal conditions, adequately serving the public;

E. The applicant has complied with the provisions of all city ordinances and all state and federal ordinances and all state and federal laws applicable to the proposed operation;

F. Such additional service will not result in a greater hazard to the public and will not create traffic congestion in parking;

G. Each vehicle described therein is adequate and safe for the purpose for which it is to be used, and is equipped as herein required. (Ord. 470, 2007)

5.20.060 Permit--Additional:

Any existing holder of a taxicab permit and license may make application to the chief of police for such additional taxicab permits and licenses as he may desire. The chief of police shall notify the other holders of taxicab permits and licenses of such application by registered mail, and if no objections are filed within ten (10) days after such mailing of notices, the applicant shall be granted such permit and license, or permits and licenses, as requested without the necessity of a hearing or investigation as provided in section 5.20.050 of this chapter. If, however, protests are filed, then such taxicab permit and license, or permits and licenses, shall be granted or denied only in accordance with the provisions and procedures outlined in sections 5.20.030, 5.20.040 and 5.20.050 of this chapter. (Ord. 470, 2007)

5.20.070 Permits--Existing:

Every owner operating a licensed taxicab or taxicabs prior to the effective date hereof shall be presumed in the absence of any contrary evidence and finding of the city council to have provided prima facie evidence of public convenience and necessity for the licensing of the taxicab or taxicabs actually in operation on the effective date hereof, and the city council, upon application received by it not later than fifteen (15) days after the effective date hereof, shall grant a permit and license to such owner to operate the taxicab or taxicabs which were in actual operation on said effective date. (Ord. 470, 2007)

5.20.080 Stand:

In each permit and license, the city council shall designate the exact location of each stand and the amount of curb space to be occupied thereunder. Every taxicab stand so designated shall be marked with white paint or other white material upon the entire curb surface with the words "taxicab only", in black letters thereon. It is unlawful for the owner or driver of any taxicab to park the same at any location in the city other than at the stand designated in the permit and license for the operation of said taxicab; provided, that where a permit for more than said taxicab stand has been granted to the same person, firm or corporation, said stand may be used interchangeably by any of the licensed taxicabs owned by said person, firm or corporation. Anyone taxicab stand that is granted to any person, firm, or corporation may be used jointly by any two (2) or more persons, firms or corporations holding a permit and license under this chapter; provided, that the consent of the city council is first obtained. No taxicab stand shall be changed from the location designated in the permit, except by permission granted by the city council upon written application of the holder of such permit, which application shall be accompanied by the written consent thereto of the property owners as provided in subsection 5.20.030F of this chapter. (Ord. 470, 2007)

5.20.090 Operation To Meet Public Demands:

All persons holding permits and licenses hereunder shall regularly operate their taxicabs during each day of the license year to the extent reasonably necessary to meet the public demand for such taxicabs. (Ord. 470, 2007)

5.20.100 Replacement:

Whenever the holder of a permit and license replaces a taxicab for which a permit has been issued, he shall file with the chief of police the name, type, year of manufacture, serial number, motor number, and state license number of the vehicle abandoned and the vehicle to be placed in use. The chief of police shall thereupon, as a matter of right, authorize the replacement of such vehicle under the existing permit. (Ord. 470, 2007)

5.20.110 Permits And Licenses--Transfer:

No permit or license for the operation of a taxicab may be sold, assigned, or otherwise transferred without the consent of the city council. Application for such consent to transfer shall be made in writing to the city council in the same manner as an original application for a permit and license, but such consent to transfer shall be given by the city council as a matter of right unless the council shall find that such proposed transferee is not a person of good moral character or that said transferee does not possess sufficient financial responsibility. (Ord. 470, 2007)

5.20.120 Permit And License--Suspension--Revocation:

Any taxicab permit and license may be suspended or revoked by the city council upon the following grounds:

A. The permit holder knowingly and after notice from the chief of police fails to operate the vehicles under permit in accordance with the provisions of this chapter and any and all state and federal laws applicable to the operation of such vehicles;

B. The taxicab or taxicabs are operated at a rate of fare other than that approved by the council;

C. The permit holder shall abandon the operation of all vehicles for a period of thirty (30) days. Acts of God, labor disputes and other acts beyond the control of the certificate holder which cause an abandonment or limitation of service shall not be an abandonment within the meaning of this section;

D. The permit holder has committed acts or carried on a course of conduct which the council finds, after hearing, establishes a lack of good moral character in said permit holder;

E. The certificate holder fails to perform controlled substance and alcohol testing of employees. No suspension shall be made effective until a hearing has been held before the city council, at which time the permit holder may be present and represented by counsel. The permit holder shall be given not less than ten (10) days’ notice by registered mail of said hearing. (Ord. 470, 2007)

5.20.130 License--Fee:

Each holder of a taxicab permit shall pay to the city, as a license fee, the sum of one hundred fifty dollars ($150.00) for the initial application and one hundred dollars ($100.00) for the renewal to be paid at the beginning of each fiscal year for each taxicab operated by such holder in the city. (Ord. 470, 2007)

5.20.140 Rate Schedules--Filinq--Displayinq:

Every taxicab shall also have displayed in a conspicuous place therein or thereon at all times a sign stating in clear and legible characters the rates of fare charged for carrying passengers therein, the owner’s name or the fictitious name under which he operates, and the business address and telephone number of such owner. Each owner holding a permit for the operation of a taxicab under this chapter shall at all times keep on file with the chief of police an up to date schedule of rates of fares charged for carrying passengers therein. It shall be unlawful for any owner or driver of any taxicab to charge or collect or cause to be charged or collected any greater rate of fare for carrying any passenger therein than is stated in said schedule of rates. The city council, upon its own motion or upon application of a permit holder, may set, establish, change, modify or amend the schedule of rates to be charged by all vehicles operated by each holder of a permit and license under the provisions of this chapter. No rates shall be set, established, changed, modified or amended without a hearing before the city council. Notice of such hearing shall be given to each permit holder by registered mail at least ten (10) days prior to the date of hearing. (Ord. 470, 2007)

5.20.150 Specifications And Equipment:

Every taxicab shall at all times while in operation be equipped with the following:

A. A taximeter of standard design and construction, fastened in front of the passengers and visible to such passengers at all times, day and night; after sundown, the face of the taximeter shall be illuminated. Each taximeter shall have a flag thereon to denote when the vehicle is employed and when it is not employed, and lt shall be the duty of the driver to throw the flag of such taximeter into a nonrecording position at the termination of each trip. Said taximeters shall be subject to inspection by the chief of police or his authorized representative upon proper identification, at all times. Any taximeter which is found after such inspection to be inaccurate to the prejudice of any passenger, shall be immediately ordered out of service until approved by the chief of police or his authorized representative;

B. A light, of not less than two (2) candle power within such vehicle, so arranged as to illuminate the whole interior thereof behind the driver’s seat, which light shall be kept constantly lighted at all times while any passenger is in such vehicle from one-half (1/2) hour after sunset of any day until one-half (1/2) hour before sunrise the next day;

C. The name, monogram andlor insignia designated and approved for use by the permit holder, to be painted or otherwise affixed in a clearly legible manner on the outside of each rear door. It shall be unlawful for any person, firm or corporation to imitate any color scheme, name, monogram or insignia used by other permit holder and approved by the city council. (Ord. 470, 2007)

5.20.160 Maintenance:

Every vehicle operating under this chapter shall be subject to inspection at any time by the chief of police or his authorized representative, upon proper identification. Any taxicab which is found after such inspection to be unsafe or in violation of any of the provisions of this chapter, or in any way unsuitable for taxicab service, shall be immediately ordered out of service and shall not again be placed in service until it has been put in safe and proper condition. The interior of every taxicab shall be kept in a clean and sanitary condition and shall be cleaned thoroughly at least once in every twenty four (24) hours. (Ord. 470, 2007)

5.20.170 Operating Regulations:

All taxicabs operated in the city shall be subject to the following regulations:

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

B. No driver of any licensed taxicab shall refuse any person prompt taxi service in the city at any time while such taxicab is on the public streets of Greenfield, ready for service, unless such taxicab is already engaged in the carrying of one or more passengers or is en route to answer a call for taxicab service; provided, further, that nothing in this subsection shall require any owner or driver to furnish taxicab service to any person under the influence of intoxicating liquor or narcotics, or to any person who is insane or who is a criminal.

C. Every driver, upon request, shall give a correct receipt for the amount of payment received.

D. No driver of any taxicab shall accept, take into his vehicle or transport any larger number of passengers than the rated seated capacity of his vehicle.

E. No driver shall carry any passenger other than paying passengers or persons authorized by or on company business.

F. Every driver shall at all times display his driver’s permit in a conspicuous place in the taxicab which he is operating.

G. Any violation of the provisions of this section shall be cause for the revocation of the permit of the driver guilty of such violation. (Ord. 470, 2007)

5.20.180 Driver’s Permit--Reguired--Violations--Penalty:

A. It is unlawful for any person to drive or operate any of the vehicles defined in section 5.20.010 of this chapter without first obtaining a permit in writing so to do from the city councilor any person designated by it. Each permit issued will entitle the driver to work for only that owner whose name appears on the permit. A new permit will be required for each subsequent employment; provided, however, that no application shall be necessary other than to request a ratification of change of employment.

B. Applicants for such permits shall file applications therefor with the city council. Said application shall contain the following information together with a fifty dollar ($50.00) application fee:

1. Name, marital status, age, residence, last previous address, and the length of residence at such last address and in the city,

2. The names and addresses of two (2) residents of the city acquainted with the applicant, or in the event the applicant is not acquainted with two (2) Greenfield residents due to insufficiency of residence, two (2) citizens of the United States satisfactory to the city council.

C. No permit shall be issued to any of the following persons:

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

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

3. Any person who has been convicted of reckless driving or driving while under the influence of intoxicating liquors or narcotics; provided, however, that the city council may, in its discretion, issue a permit in cases where such conviction occurred more than three (3) years immediately preceding the filing of the application,

4. Any person not possessing a valid driver’s license issued by the state of California required to drive or operate any of the vehicles defined in section 5.20.010 of this chapter.

D. No applicant may obtain a permit to drive or operate any of the vehicles defined in this chapter unless and until he shall have been a continuous resident of the county of Monterey for at least thirty (30) days immediately preceding the date of said application; provided, however, that a temporary permit only may be granted for a period not to exceed sixty (60) days after which time said license may be made permanent if, after investigation, said applicant is found to be a fit and proper person.

E. Each applicant for a permit shall be examined by a person designated by the city council as to his knowledge of the provisions of this chapter and the traffic regulations, and if the result of the examination be unsatisfactory, he may be refused a permit.

F. The city council may revoke or refuse to renew an operator’s license if the driver or applicant has since the granting of its permit:

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

2. Been convicted of driving recklessly or while under the influence of liquor or narcotics,

3. Had his state driver’s license revoked or suspended,

4. Had two (2) or more convictions of the offenses set forth in sections 22350, 22351, 22352, Vehicle Code of the state of California, and amendments thereto, or any combination of either or any of said offenses, occurring during any continuous period not exceeding twelve (12) months,

5. Violated any provisions of this chapter.

G. Any driver whose license has been revoked, as aforesaid, may, within ten (10) days of such revocation, file an appeal from such revocation with the city council, and a hearing shall be held before the city council on such revocation. If, in the opinion of the city council, the revocation is not justified from the evidence submitted to it at such hearing, the permit shall be reinstated. If, upon the hearing, it shall appear that good cause exists therefor, the city council shall order the permanent revocation of the permit. The action of the city council on such revocation shall be final and conclusive. Pending such hearing and reinstatement, it shall be unlawful for such driver to operate a taxicab within the city. (Ord. 470, 2007)

5.20.190 Public Liability:

A. It shall be unlawful for any owner or driver to drive or operate any taxicab or shuttle, or cause the same to be driven or operated, and no permit for the operation thereof shall be granted, unless there is on file with the chief of police, and in full force and effect at all times while such taxicab or shuttle is being operated, policies of insurance covering general public liability, property damage, and automobile liability, approved by the city attorney, in a solvent and responsible company insuring the owner of such taxicab or shuttle against loss by reason of injury or damage that may result to persons or property from negligent acts committed in the conduct of the taxicab or shuttle business generally, or from the negligent operating or defective construction of such taxicab or shuttle, or from the violation of this chapter or the laws of the state.

B. The policies of insurance shall have minimum limits as hereinbelow set forth:

1. General liability (including property damage):

a. Five hundred thousand dollars’ ($500,000.00) bodily injury per person and/or occurrence; and

b. One hundred thousand dollars’ ($100,000.00) property damage per occurrence; or

c. Five hundred thousand dollars’ ($500,000.00) combined single limit bodily injury/property damage. On all policies of insurance hereinabove referenced, the operator shall name the city, its officers, agents, representatives, and employees as additional primary insured. No insurance affected by the city shall be called upon to contribute to any loss. The policies shall provide that written notice shall be given to the city not less than thirty (30) days prior to the cancellation of any such policies and the insurance afforded said additional primary insureds shall apply in full regardless of any other insurance carried by them. The policies of insurance shall insure by their terms to benefit any and all persons suffering injury or damage to person or property covered thereby, and shall provide that suit may be brought thereon in any court of competent jurisdiction by any such person. The policies shall provide that there shall be a continuing liability thereon notwithstanding any recovery thereon. If at any time any such policies of insurance shall be canceled by the company insuring the same for any reason whatsoever, or the authority of such company to do business in the state shall be revoked, the owner shall forthwith replace such policy with another policy approved by the city attorney and filed with the chief of police. Upon failure to do so the council may revoke the owner’s certificate of necessity and taxicab or shuttle permit(s). The owners of the taxicab or shuttle shall also provide and maintain insurance for workers’ compensation and employer’s liability as required by law, which shall be evidenced by a certificate of insurance filed with the chief of police and which shall provide for written notice to the city not less than thirty (30) days prior to cancellation of any such policies. Upon failure to provide or maintain any such policies, the council may revoke the owner’s certificate of necessity and taxicab or shuttle permit(s). (Ord. 470, 2007)

5.20.200 Refusal To Pay Fare Unlawful:

Except where credit is intended, it is unlawful for any person to fail or refuse to pay, at the end of the trip or the termination or discharge of service, the regular fare for the taxicab that he has hired. (Ord. 470, 2007)

5.20.210 Requirements For Holders Of Certificate Of Public Convenience And Necessity And Owner-Operators²:

Employment, or an offer of employment, of a taxicab driver shall include compliance by the employer or owner-operator with all of the following requirements, and shall be a condition of issuance of a driver’s permit:

A. The certificate holder shall notify the chief of police, or his or her designee, upon termination of employment of any driver.

B. The certificate holder or owner-operator shall conduct a mandatory controlled substance and alcohol testing certification program. The program shall include, but need not be limited to, all the following requirements:

1. Each driver shall test negative for each of the controlled substances specified in part 40 (commencing with section 40.1) of title 49 of the code of federal regulations, before employment. Each driver shall test negative for these controlled substances and for alcohol as a condition of a driver’s permit renewal. As used in this section, a "negative test for alcohol" means an alcohol screening test blowing a breath alcohol concentration of less than 0.02 percent.

2. Testing procedures shall be substantially as in part 40 (commencing with section 40.01) of title 49 of the code of federal regulations, except that the driver shall show a valid California driver’s license at the time and place of testing, and except as provided otherwise in this section. Requirements for rehabilitation and for return to duty and followup testing and other requirements, except as provided otherwise in this section, shall be substantially as specified in part 382 (commencing with section 382.101) of title 49 of the code of federal regulations.

3. A test in another jurisdiction shall be accepted as meeting the same requirement of this section. Any negative test result shall be accepted for one year as meeting the requirement of periodic permit renewal testing or any other periodic testing if the driver has not tested positive subsequent to a negative result. However, an earlier negative result shall not be accepted as meeting the preemployment testing requirement for any subsequent employment, or any testing requirements under the program other than periodic testing.

4. In the case of a self-employed independent driver or owner-operator, the test results shall be reported directly to the city, and the city shall notify the taxicab leasing company of record, if any, of positive results. In all other cases, the results shall be reported directly to the holder of the certificate of public convenience and necessity, who shall notify the city of positive results.

5. All test results are confidential and shall not be released without the consent of the driver, except as provided herein or as authorized or required by law.

6. Self-employed independent drivers and owneroperators shall be responsible for compliance with, and shall pay all costs of, this program with regard to themselves. Holders of certificates of public convenience and necessity shall be responsible for compliance with, and shall pay all costs of, this program with respect to their employees and potential employees, except that a certificate holder may require employees who test positive to pay the cost of rehabilitation and of return to duty and followup testing.

7. No evidence derived from a positive test result pursuant to the program shall be admissible in a criminal prosecution concerning unlawful possession, sale or distribution of controlled substances.

8. For the purpose of this section, "employment" includes self-employment as an independent driver or owneroperator of a taxicab. (Ord. 470, 2007)

5.20.220 Controlled Substance And Alcohol Testing Certification Requirements³:

A. No applicant may obtain or renew a permit to drive or operate any of the vehicles defined in this chapter unless and until the applicant shall test negative for controlled substances and alcohol pursuant to section 5.20.210 of this chapter.

B. The applicant shall execute a declaration under penalty of perjury that the test result submitted with the application is the most recent test made of the applicant, and that no positive test results have been made since the date of the test result submitted with the application.

C. Upon the request of an applicant for a permit, the city shall give the applicant a list of the consortia certified pursuant to part 382 (commencing with section 382.101) of title 49 of the code of federal regulations that the city knows offer tests in or near the jurisdiction.

D. The certificate holder shall pay all service charges, fees or assessments established by the city with respect to the certificate holder’s employees and potential employees in an amount sufficient to pay for the city’s costs. Self-employed independent drivers and owner-operators shall pay all service charges, fees or assessments established by the city in an amount sufficient to pay for the city’s costs of carrying out the mandates of this section. (Ord. 470, 2007)

See Veh.C. §§16501, 21100, 21112, 16500 et seq.

See Gov.C. §53075.5.