Chapter 5.16 TAXICABS AND VEHICLES FOR HIRE

The purpose of this chapter is to create a permitting process for operators and drivers engaged in providing taxicabs and other vehicles for hire within the City of Healdsburg and for regulating the terms and conditions under which such services can be provided. (Ord. 1083 § 2, 2009.)

5.16.010 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:

A. “Certificate” means a certificate of public convenience and necessity issued by the City Council.

B. “City” means the City of Healdsburg, California.

C. “Driver” means every individual who operates any taxicab or vehicle for hire as an employee of an operator, independently owns the taxicab or vehicle for hire and operates under the auspices of such operator, or has independently contracted with such operator to operate the taxicab or vehicle for hire pursuant to a lease, license or any other form of agreement.

D. “Hearing officer” means the City Manager or his or her designee.

E. “Motor vehicle” means every motor vehicle used for public hire propelled by mechanically produced power and intended for use on public streets and highways, except street cars, trains and motor buses.

F. “Operator” means any entity engaged in the business of providing vehicles for the purpose of carrying passengers in a taxicab or other vehicle for hire, whether comprised of an individual, group of individuals, partnership, limited partnership, joint venture, corporation or any other organizational structure.

G. “Taxicab” means a motor vehicle which is designed for carrying not more than eight passengers, excluding the driver, which is used in the transportation of passengers over the public streets of the City and operated at rates per mile, per destination or per mile and destination, irrespective of whether the operations extend beyond the limits of the City, and which is made available for hire on call or demand, at taxi stands or by telephone.

H. “Taximeter” means a mechanical or electronic instrument or device by which the charge for hire of a taxicab is mechanically or electronically calculated based on rates established by the City Council, either for distance traveled, for waiting time, or both, and upon which the charges are plainly registered by means of figures indicating dollars and cents.

I. “Taxi stand” means a designated place on public property or streets approved by the City as a place where taxicabs may park and wait for hire.

J. “Vehicle for hire” means any motor or electric vehicle which is offered to the public for a fee with the services of a driver, which is used for the transportation of passengers over the public streets of the City, irrespective of whether such operations extend beyond the boundary limits of the City, at rates per distance, per trip, per hour, per day, per week, or per month, and where the route is under the control of the persons hiring the same. “Vehicle for hire” shall not include a charter-party carrier of passengers within the meaning of the Passenger Charter-Party Carriers’ Act, Article 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code. “Vehicle for hire” includes taxicabs. (Ord. 1083 § 2, 2009.)

5.16.020 Certificate required.

No person shall engage in the business of operating any taxicab business within the City without first having obtained a certificate of public convenience and necessity (“certificate”) from the City Council and an operator’s permit based on the criteria set forth in HMC 5.16.230. (Ord. 1083 § 2, 2009.)

5.16.030 Compliance with state and local laws and regulations.

A. All taxicabs authorized to operate within the City shall be properly licensed with the California Department of Motor Vehicles, and shall further comply with all state and local laws and regulations relating to the licensing and commercial operation of taxicabs. All taxicabs shall be registered under the firm name or the name of the individual holding the operator’s permit.

B. No vehicle used or intended to be used in taxicab service in the City shall be rented to any operator or driver unless such operator or driver has obtained the appropriate permit(s) pursuant to this chapter. (Ord. 1083 § 2, 2009.)

5.16.040 Insurance requirements and City held harmless.

A. All taxicab operators authorized to operate within the City shall indemnify the City from all damages, claims, liabilities, costs, and other expense resulting from and arising out of their taxicab operations.

B. It shall be unlawful to drive or operate any taxicab in the City unless the operator possesses current, valid commercial general liability and vehicle liability in amounts and with conditions acceptable to the City and evidenced through certificates of insurance filed with the City Clerk.

C. The operator’s insurance shall remain in full force, at a level be at least equal to the minimum requirements of the City, or the operator’s permit shall be automatically suspended until such time as full compliance with the requirements of this section are demonstrated to the City’s satisfaction. (Ord. 1083 § 2, 2009.)

5.16.050 Rates and fares – Generally.

A. The City Council may set by resolution the maximum rates to be charged per flag drop, per mile and per minute of waiting time or traffic delay time. In the event such a resolution is adopted, it shall be unlawful for the taxicab operator or driver to fix or charge or collect or receive a rate in excess of the rates established and set by resolution of the City Council. Any charge or rate in excess of the rate set by resolution of the City Council shall be cause for revocation of said operator’s permit.

B. The City Council, upon its own motion or upon application of an operator’s permit holder, may set, establish, change, modify or amend the schedule of rates to be charged by all vehicles operated by each holder of an operator’s permit under the provisions of this chapter. No rates shall be set, established, changed, modified or amended without a public hearing before the City Council. Notice of such hearing shall be given to each operator’s permit holder, in writing, by the City Clerk at least five days before such hearing, and the City Council may give such other notice as it shall deem necessary.

C. Fares shall be conspicuously displayed in the passenger compartment of each taxicab where they are readily visible and readable by passengers in front and rear seats.

D. The taxicab rate or fare shall be determined by a taximeter in accordance with the schedule established by the City Council. (Ord. 1083 § 2, 2009.)

5.16.060 Refusal to pay fare.

No person shall fail or refuse to pay the regular fare for a taxicab ride at its conclusion or termination of service after employing or hiring the taxicab for the ride. (Ord. 1083 § 2, 2009.)

5.16.070 Condition of vehicles – Generally.

No operator or driver shall operate, permit to be operated, or cause to be operated any vehicle for hire while the same or any of the equipment used thereon or therewith is in a defective, unsafe or unsanitary condition, as determined by the chief of police or his or her designee. (Ord. 1083 § 2, 2009.)

5.16.080 Exterior signage required.

Every taxicab operated in the City shall have displayed on each side and the rear of the vehicle the taxicab business name as it appears on the operator’s permit, together with the operator’s identification number and the telephone number of the taxicab business. The lettering of the signs and all signs to be displayed on any taxicab shall be approved by the chief of police. (Ord. 1083 § 2, 2009.)

5.16.090 “For hire” lights required.

Every taxicab shall be equipped with a “For Hire” light attached to the top of the roof or to the top of the dome light. The light of the “For Hire” light unit shall be connected to a contact switch attached to the taximeter, and such contact switch shall operate automatically to illuminate the “For Hire” light when the taximeter is not in operation, indicating the cab is vacant and for hire, and to extinguish such light when the taximeter is in operation. No person shall drive or operate any taxicab with such a light illuminated while carrying passengers for compensation, or drive or operate any taxicab unless such a light is illuminated when such taxicab is for hire. (Ord. 1083 § 2, 2009.)

5.16.100 Illumination of passenger compartment required at certain times.

Every vehicle for hire shall at all times be equipped with a light of not less than two candlepower within such vehicle, so arranged as to illuminate the entire passenger compartment, which light shall be kept lighted at all times while any passengers are being loaded into or unloaded from any such vehicle from one-half hour after sunset of any day until one-half hour before sunrise of the next day, and no shades or blinds shall be drawn over the windows of any such vehicle while the same is occupied. (Ord. 1083 § 2, 2009.)

5.16.110 Inspection of vehicles by police – Inspection fee.

A. All taxicabs shall submit to an annual inspection as required by the police department. All taxicabs shall possess all of the equipment listed on the Healdsburg police department taxicab safety inspection checklist, and all such equipment shall be in good working order and repair. The chief of police shall establish the standard for good working order.

B. The chief of police, or any police officer, shall have the right and shall be permitted at any time to inspect any taxicab to ascertain whether the provisions of this chapter are being met. During an inspection, the driver of the taxicab must produce for inspection the following documents:

1. Valid California vehicle registration;

2. Valid proof of insurance document; and

3. Valid California driver’s license.

C. The City Council shall establish a taxicab safety inspection fee that shall be due annually upon inspection.

D. Any taxicab that fails any safety inspection shall be given an opportunity to make repairs or correct defects and be re-inspected. Any such taxicab failing an inspection shall be removed from service until the repairs are made, defects corrected, and the vehicle has been re-inspected and passes such re-inspection. A safety inspection is “failed” if any police officer or mechanic determines the vehicle is not in compliance with the provisions of this chapter or any required inspection program established by the police department, or if the taxicab is in a defective, unsafe, or unsanitary condition as determined by the police chief or his or her designee.

E. The Healdsburg police department will provide the operator a copy of the taxicab safety inspection checklist at time of application. (Ord. 1083 § 2, 2009.)

5.16.120 Establishment and use of taxicab stands.

A. The City Council may, by resolution, locate and designate taxicab stands on any public street in the City, and the taxicab stands shall be appropriately designated “Taxis Only.”

B. Taxicab stands so established shall be in operation 24 hours of every day. (Ord. 1083 § 2, 2009.)

5.16.130 Taxicabs standing in streets or public place prohibited – Exception.

A. No taxicab shall be allowed to remain standing on a public street or in a public place unless it is attended by a driver, except when the driver is assisting passengers to load or unload, is answering his telephone or displays a sign reading “Not for Hire.”

B. No operator, driver or operator of any taxicab shall allow such taxicab to remain parked, while awaiting employment, except in a designated taxicab stand. (Ord. 1083 § 2, 2009.)

5.16.140 Solicitation of passengers prohibited – Exception.

No taxicab driver, or person acting on behalf of any such driver, shall solicit passengers except from a designated taxicab stand. (Ord. 1083 § 2, 2009.)

5.16.150 Prohibited conduct by drivers.

A. No driver, or any person acting on behalf of any such driver, shall engage in any disorderly or inappropriate conduct while in the performance of his or her duties as a taxicab driver, including, but not limited to, obstruction of any street or sidewalk, making of loud or unusual noises to attract the attention of potential customers, use of indecent, profane, or obscene language, boisterous or loud talking that might disturb the peace and quiet of others in the area, harassment of passersby, interference with, obstruction of, or impedance of the free passage of potential passengers, or seizing or grabbing any baggage carried by or belonging to potential passengers prior to being hired to provide transportation.

B. No taxicab driver shall smoke or permit any smoking to occur within any taxicab at any time. “No smoking” signs shall be prominently displayed in every taxicab.

C. No taxicab driver shall refuse to carry any person seeking transportation and tendering the fare for the service to any place within the City unless the vehicle is already in service, the person seeking transportation is unruly, boisterous, or intoxicated, or the person seeking transportation is known to the driver to have been unruly or created problems of a confrontational nature in the past.

D. The chief of police or his or her designee shall be responsible for maintaining files of and investigating complaints regarding taxicab service and shall initiate appropriate action against taxicab drivers and operators when a complaint or complaints warrant such action based on the written criteria adopted pursuant to HMC 5.16.205. (Ord. 1083 § 2, 2009.)

5.16.160 Taxicabs from other cities operating in the City.

The driver of a taxicab authorized to operate in any other municipality or military installation outside the City may transport passengers from outside the City to a destination within the City; however, it shall be unlawful for any such driver to seek or accept passengers from within the City, including any passengers previously dropped at a location within the City by such outside taxicab. (Ord. 1083 § 2, 2009.)

5.16.170 Keeping of trip sheets required.

A. The driver of each taxicab shall keep a separate trip sheet of every service rendered by the driver, and shall include the following information: (1) the location where the passenger(s) entered the taxicab; (2) the number of passengers; (3) the time the passengers entered the taxicab; (4) the location where the passengers were discharged; and (5) the amount of fare collected.

B. The operator of every taxicab shall keep such trip sheets in the business office for a period of one year after the date service is rendered, and the trip sheets shall be open and available for inspection by any representative of the chief of police at all times during business hours. The falsification of any trip sheet by any operator or driver shall be grounds for revocation of his or her permit. (Ord. 1083 § 2, 2009.)

5.16.180 Keeping of records by operators required.

A. The operator of every taxicab business shall keep a dispatch sheet which shows the time of dispatch of every taxicab.

B. Every operator, including self-employed drivers, shall keep and maintain a complete and accurate record of all drivers, which record shall show for each employee their name, address, date of hire, date of termination, the number of the taxicab operated by the driver, the hours of employment for each driver, a list of absences from employment, and all motor vehicle violations, all traffic accidents, all complaints received from passengers or others, and the test results from controlled substance and alcohol testing. These records shall be subject to inspection by the chief of police or his or her designee at any time upon demand, and shall not be destroyed without the written permission of the chief of police. (Ord. 1083 § 2, 2009.)

5.16.190 Found property.

Every operator and driver shall attempt to return property found in taxicabs to the owner. If the operator or driver is unable to locate the owner of the property, the taxicab driver shall deliver the property to the police department within 24 hours. Every operator shall keep a log of all found property. (Ord. 1083 § 2, 2009.)

5.16.200 Services to general public.

No driver of any taxicab shall refuse to carry any persons seeking transportation and tendering fare for the service to any place within the City unless the vehicle is already in service, the person seeking transportation is known to the driver to have been unruly or created problems of a confrontational nature in the past. (Ord. 1083 § 2, 2009.)

5.16.205 Investigation of complaints.

A. The chief of police or his or her designee shall be responsible for maintaining files of and investigating complaints regarding taxicab service and shall initiate appropriate action against taxicab drivers and operators when a complaint or complaints warrant such action.

B. The chief of police shall adopt criteria establishing the type of information that, when contained in a complaint, is sufficient to warrant an investigation pursuant to Government Code Section 53075.7 to investigate complaints of unauthorized taxicab operations. These operating procedures shall be in writing and may be revised from time to time by the chief of police. (Ord. 1083 § 2, 2009.)

Article II. Operator’s Permits

5.16.210 Operator’s permit required – Separate vehicles.

A. No person shall engage in the business of operating any taxicab within the City without first having obtained an operator’s permit from the City Council, except as otherwise provided in this chapter. An operator’s permit shall be required for each additional or different taxicab.

B. If a permittee wishes to substitute one vehicle for another, he or she shall file an application with the chief of police who shall cause a safety inspection of the taxicab to be conducted. (Ord. 1083 § 2, 2009.)

5.16.220 Operator’s permit application – Application fee.

A. All persons or businesses applying for an operator’s permit under this chapter shall file with the chief of police a sworn application including the following information:

1. The name, residence and business addresses of the applicant.

2. Social Security numbers, driver’s license numbers, and dates of birth for all persons named in the application. If the applicant is a partnership or corporation, then the information shall be provided for each partner or corporate officer.

3. Fictitious name under which the business is proposed to operate.

4. Whether any license, permit, or certificate sought by the applicant or any related entity has been denied, revoked, or suspended by any public agency, explaining the circumstances of any denial, revocation, or suspension in full. “Related entity” as used in this section shall include any corporation, partnership, trust, limited liability company, firm, joint venture, association or other enterprise that has any director, partner, officer, trustee, shareholder or member in common with the applicant.

5. The number and type of vehicles proposed to be operated in the business, including year, make, model, license number, VIN, and company assigned taxicab number.

6. The color, name, monogram or insignia to appear on the vehicles.

7. A complete schedule of fares or rates to be charged and services to be operated, demonstrating compliance with existing fares and rates as established by the City Council.

8. The location where the business will be operated, including dispatch facilities, storage facilities, repair and maintenance facilities, and fuel dispensing operations.

9. Copies of required insurance policies or, if not yet issued, a written statement from an insurer that such policies will be issued if the application is granted.

10. A statement as to whether any applicant, partner, or corporate officer has been convicted of any misdemeanor or crime, or violation of any municipal ordinance other than minor parking and traffic offenses, the nature of the offense and the punishment or penalty assessed.

11. The facts the applicant believes tend to prove that public convenience and necessity require the granting of a permit.

12. Such other information as the chief of police, City Manager, or City Council may deem necessary for promotion of the public health, safety, and welfare.

B. The City Council shall establish an operator’s permit application fee that shall accompany any such application. (Ord. 1083 § 2, 2009.)

5.16.230 Operator’s permit application process.

A. Upon receipt of an application for an operator’s permit under this chapter, the chief of police or his or her designee shall undertake a preliminary investigation to verify the criminal history information submitted by the applicant and shall submit the applicant’s fingerprints to the state of California for criminal history review. Upon receipt of all information relating to criminal history and suitability of the applicant’s moral character, the chief of police shall forward a summary of information and a recommendation to the City Manager.

B. The City Manager, or his or her designee, shall review the application and the recommendation from the chief of police to determine if it appears that, based on public convenience and necessity, there is a need for the taxicab services proposed, and whether the applicant is of suitable character to provide such services. The City Manager may require the applicant to provide financial information and other documentation to demonstrate the ability to appropriately and lawfully operate the taxicab business proposed. The City Manager shall recommend approval or denial of the application to the City Council.

C. The application shall be reviewed by the City Council at a noticed public hearing. The City Council shall approve any such application only if the following findings are first made:

1. The applicant is financially responsible.

2. The applicant is of good moral character consistent with federal, state, and local laws for the public services that will be provided by the operator.

3. Existing taxicab businesses are not adequately serving the public with respect to taxicab services.

4. Such additional taxicab service will not result in a greater hazard to the public or create substantial traffic or parking problems.

D. The application shall be denied if any of the following findings are first made:

1. The public convenience and necessity do not require the proposed service.

2. The application fails to contain any of the required information as set forth above. (Ord. 1083 § 2, 2009.)

5.16.240 Suspension or revocation.

The chief of police shall have the power to suspend or revoke any operator’s permit to operate a taxicab for a violation of any of the provisions of this chapter or any ordinance relating to traffic or use of streets; for a failure to pay any judgment for damages arising from the unlawful or negligent operation of the motor vehicle for which any operator’s permit was issued; or for conduct on the part of any operator which is not conducive to proper service to the public, or to proper relationships with any competitive operator. Any operator whose permit has been suspended or revoked may request a hearing to contest the suspension or revocation pursuant to the procedures set forth in HMC 5.16.420. It shall be unlawful for any operator to operate a taxicab while his or her appeal from any suspension or revocation is pending unless the City Manager grants a temporary operator’s permit valid only during the period of the appeal. (Ord. 1083 § 2, 2009.)

5.16.250 Transferability.

No operator’s permit issued under this chapter shall be assignable or transferable without the prior approval of the City Council. Prior to presenting the proposed assignment or transfer to the City Council, the transferee shall first submit a statement with the chief of police setting forth the information required to be furnished on an original application as set forth in HMC 5.16.230. The chief of police shall investigate the transferee in the same manner as a new applicant and make a recommendation to approve or disapprove the transfer to the City Council within 45 days after the statement is received. (Ord. 1083 § 2, 2009.)

Article III. Taxicab Driver’s Permits

5.16.260 Taxicab driver’s permit required.

It shall be unlawful for any person to operate any taxicab in the City unless he or she has a valid taxicab driver’s permit issued by the City. (Ord. 1083 § 2, 2009.)

5.16.270 Taxicab driver’s permit application – Process.

Applications for a taxicab driver’s permit shall be filed with the chief of police, along with any fee(s) as established by the City Council for the issuance of such permit. The application shall be in writing and made under penalty of perjury. The chief of police or his or her designee shall undertake a preliminary investigation to verify the criminal history information submitted by the applicant and shall submit the applicant’s fingerprints to the state of California for criminal history review. Any information submitted in the application that is false, or any required information that is omitted, shall result in denial of the permit. The application shall include but not be limited to the following information:

A. The name, age, and address of the applicant.

B. Past experience operating motor vehicles generally and taxicabs specifically.

C. The names and addresses of former employers during the preceding three-year period.

D. The places of residence during the preceding three-year period.

E. Whether a driver’s license issued to the applicant has ever been revoked or suspended.

F. A copy of the applicant’s current driver’s license.

G. An endorsement of the operator of the taxicab business for whom the applicant seeks to drive a taxicab.

H. Proof of the applicant’s negative test results for controlled substances and alcohol. (Ord. 1083 § 2, 2009.)

5.16.280 Taxicab driver’s permit application fee.

An application for a taxicab driver’s permit shall be made to the chief of police and, at the time of filing such application, a fee in an amount to be set by resolution shall be paid to the City; provided, that such fee shall include the amount set by the state to cover the cost of processing such applications. (Ord. 1083 § 2, 2009.)

5.16.290 Taxicab driver’s permit requirements and prohibitions.

A. No taxicab driver’s permit shall be issued to any person who:

1. Is under the age of 21 at the time of application.

2. Fails to provide documentation of either citizenship or employment authorization as required by the Immigration and Reform Control Act of 1986 (8 U.S.C. Section 1324a).

3. Has been convicted of a felony or crime involving moral turpitude.

4. Has been convicted of any offense specified in the California Vehicle Code involving reckless driving or alcohol or drug offenses except convictions more than five years old or whose convictions have been expunged or set aside pursuant to satisfactory completion of a court-approved diversion program.

5. Fails to possess a valid driver’s license suitable for operation of a taxicab.

6. Has received a positive test result in any random test for controlled substances or alcohol within the past 12 months.

7. Provides false or materially incomplete information required for issuance of the permit.

8. Has been convicted of an offense which requires registration pursuant to California Penal Code Section 290.

9. Has been convicted within five years of an offense involving the sale of a controlled substance even if expunged pursuant to California Penal Code Section 1203.4.

10. Has been convicted within five years of any offense involving the use of force or violence upon another person.

11. Has been convicted of more than one violation of driving while under the influence of any drug or alcohol within the past seven years prior to submitting the application.

12. Is on parole or probation for a crime, and the crime is substantially related to the qualifications, functions, or duties of a taxicab driver in a potentially negative manner.

13. Has had a taxicab driver’s permit issued by any jurisdiction revoked within the past three years.

14. Fails to provide a medical clearance that meets the standard set forth in the California Department of Motor Vehicles, Motor Carrier Safety Regulations (49 CFR 391.41 through 391.49). This is satisfied by providing a completed medical examination report for commercial driver fitness determination form or a medical examiner’s certificate issued by the California Department of Motor Vehicles.

B. Every taxicab driver’s permit issued pursuant to this chapter shall set forth the name of the operator for whom such driver is authorized to operate a taxicab, and shall be valid only so long as the driver continues to drive for such operator.

C. All drivers of taxicabs shall display their taxicab driver’s permit in a conspicuous place in the passenger compartment of the taxicab whenever the taxicab is being used to transport passengers. (Ord. 1083 § 2, 2009.)

5.16.300 Issuance of permits.

The chief of police shall investigate the applicant for a taxicab driver’s permit under this chapter and, after such investigation, shall either grant or deny the permit. Any person whose application has been denied may within 10 days after such denial request that the denial of his or her application be reviewed by the City Manager. The City Manager shall investigate such applicant and may, after a hearing, either grant or deny such permit. (Ord. 1083 § 2, 2009.)

5.16.310 Renewal of permit – Termination.

A. All taxicab drivers’ permits issued pursuant to this chapter expire every two years on their anniversary date unless earlier terminated, suspended, or revoked pursuant to the provisions set forth herein.

B. Drivers may renew their permits if still qualified to operate a taxicab by meeting all the permit requirements set forth in this chapter for new taxicab driver’s permits, including, but not limited to, passing the test for controlled substances and alcohol. A medical clearance exam that meets the standard set forth in the California Department of Motor Vehicles, Motor Carrier Safety Regulations (49 CFR 391.41 through 391.49) will be required to determine the driver’s fitness for duty as a taxicab driver with the renewal application every two years.

C. Taxicab driver’s permits are void upon termination of taxicab driver’s employment with the operator listed on the permit. Each driver shall return the permit to the chief of police upon such termination.

D. The operator shall notify the chief of police within 10 days whenever a driver’s employment is terminated.

E. It shall be unlawful to transfer any taxicab driver’s permit to any other person. (Ord. 1083 § 2, 2009.)

5.16.320 Suspension or revocation of permit.

A. The chief of police shall have the authority to temporarily suspend any taxicab driver’s permit in the event the holder is arrested, charged, or cited for any violation of the California Vehicle Code punishable by suspension of the taxicab driver’s license. The chief of police may revoke or refuse to renew any taxicab driver’s permit if the driver:

1. Is convicted of a felony or crime of moral turpitude, including any narcotics violations;

2. Is convicted of driving recklessly or while under the influence of alcohol or controlled substances;

3. Has his or her driver’s license suspended or revoked;

4. Tests positive for any controlled substance or alcohol during any test;

5. Violates any provision of this chapter; or

6. Has provided false information or omitted information required on a taxicab driver’s permit application.

B. Any driver whose permit has been suspended or revoked may request a hearing to contest the suspension or revocation pursuant to the procedures set forth in HMC 5.16.420. It shall be unlawful for any driver to operate any taxicab while his or her appeal from any suspension or revocation is pending unless the City Manager grants a temporary driver’s permit valid only during the period of the appeal. (Ord. 1083 § 2, 2009.)

5.16.330 Records to be kept by the chief of police.

The chief of police shall keep a record of each driver granted a taxicab driver’s permit under the provisions of this chapter, which record shall contain the full name, age, residence, places of residence for two years preceding the date of application, race, weight, height, color of eyes and hair, fingerprints, place of birth, places of previous employment covering three years preceding the date of application, whether he or she has ever been convicted of a felony or misdemeanor, and whether he or she has ever been previously licensed as a driver, and if so, whether his or her license has ever been revoked and for what cause. (Ord. 1083 § 2, 2009.)

Article IV. Controlled Substance and Alcohol Testing

5.16.340 Mandatory controlled substance and alcohol testing program.

A. Each taxicab 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 the driver’s permit renewal. As used in this section, a “negative test for alcohol” means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.

B. Testing procedures shall be substantially as in Part 40 (commencing with Section 40.1) of Title 49 of the Code of Federal Regulations, except that each 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 return-to-duty and follow-up testing and other requirements, except as provided otherwise in this section, shall be substantially as in Part 382 (commencing with Section 382.101) of Title 49 of the Code of Federal Regulations.

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

D. In the case of a self-employed independent driver, the test results shall be reported directly to the chief of police, and the chief of police 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 driver’s employer, who shall immediately notify the chief of police of the results.

E. All tests are confidential and shall not be released without the consent of the driver, except as authorized or required by law.

F. Self-employed independent drivers shall be responsible for compliance with, and shall pay all costs of, this program with regard to themselves. In all other cases, taxicab operators shall be responsible for compliance with, and shall pay all costs of, this program with respect to their employees and potential employees, except that an employer may require employees who test positive to pay the costs of rehabilitation and of return-to-duty and follow-up testing.

G. Taxicab operators and self-employed independent drivers shall pay all service charges, fees, and assessments established by the City with respect to the operator’s employees and potential employees in an amount sufficient to pay for the City’s costs of carrying out the mandates of this section.

H. 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.

I. For purposes of this section, “employment” includes self-employment as an independent driver or operator of a taxicab. (Ord. 1083 § 2, 2009.)

Article V. Taximeters

5.16.350 Required in taxicabs.

No person shall operate any taxicab in the City until such taxicab is equipped with a taximeter of a type and design which has been approved by the City Council and which conforms to all applicable state of California laws and regulations. (Ord. 1083 § 2, 2009.)

5.16.360 Inspection required – Removal of vehicle with inaccurate meter.

A. All taximeters shall be inspected, sealed, and certified by the county department of weights and measures and shall be subject to inspection at any time by the chief of police or any other authorized persons. Upon discovery of any inaccuracy of such taximeter, the operator thereof shall remove, or cause to be removed, from service any vehicle equipped with such taximeter until such taximeter has been repaired and accurately adjusted.

B. Records and evidence of inspection by the county department of weights and measures shall be submitted for verification at the time of each taxicab’s annual vehicle inspection. (Ord. 1083 § 2, 2009.)

5.16.370 Manner of placement in taxicabs.

The taximeter required by this article shall be placed in each taxicab so that the reading dial showing the amount to be charged is well lighted and readily discernible to a passenger riding in any such taxicab. (Ord. 1083 § 2, 2009.)

5.16.380 Accurate operation required.

It shall be the duty of each taxicab operator and driver to keep the taximeter therein operating at all times accurately within the requirements of this chapter and such additional requirements as may be prescribed from time to time by the City Council. (Ord. 1083 § 2, 2009.)

5.16.390 Use required for all passenger services.

No passenger shall be carried in any taxicab for hire unless the taximeter in such taxicab is in operation. This section shall apply regardless of whether the taxicab is engaged for a trip entirely within the City or partially outside thereof, and such meter shall be kept operating continuously during the entire time that it is engaged in the transportation of passengers for compensation, regardless of the point of destination; except, that when the trip is in excess of 15 miles, a flat rate may be used for any part of the trip over the first 15 miles. (Ord. 1083 § 2, 2009.)

5.16.400 All charges to be in accordance with meters.

All charges for taxicab service shall be calculated and indicated by a taximeter, except as otherwise set forth in this chapter, and at all times while the taxicab is engaged, the flag of the taximeter shall be thrown into a position to register charges for mileage and time. No taximeter shall be so operated as to cause any charge to be registered thereon, except during the time while the taxicab is engaged by a passenger. (Ord. 1083 § 2, 2009.)

5.16.410 Proper use of “flag” required.

No driver of any taxicab, while carrying passengers, shall display the flag attached to the taximeter in such a position as to denote that such vehicle is not employed, or fail to throw the flag of the taximeter to a position indicating such vehicle is unemployed at the termination of each service. (Ord. 1083 § 2, 2009.)

Article VI. Enforcement

5.16.420 Hearing request and procedure.

A. Any operator or driver may request a hearing to contest any action of the police chief to suspend, revoke or deny a permit required under this chapter by completing a request for hearing form and returning it to the City Clerk within 15 days from the date of the suspension, revocation or denial of the permit. At the time of returning the request for hearing form to the City Clerk, the person or entity requesting the hearing shall pay a processing fee of $150.00 or such other amount as may be set by the City Council and amended from time to time. Failure to pay the processing fee, make arrangements for payment of the fee, or seek a waiver of the fee may result in the hearing being postponed until the fee is paid or a waiver is obtained.

B. The police chief, or his or her designee, may institute administrative proceedings to determine if the unauthorized operation of a taxicab has occurred by issuing an order to show cause (“OSC”). A notice of the OSC shall be sent to the violating party at least 10 calendar days prior to the hearing date. Failure of the violating party to attend the hearing shall constitute a failure to exhaust administrative remedies.

C. Any hearing conducted pursuant to this section, whether a hearing requested by an operator or driver, an OSC hearing requested by the police chief or his or her designee, or an appeal hearing from a decision of a hearing officer, shall be set for a date not less than 15 days nor more than 60 days from the date that the request for hearing form, OSC or notice of appeal is filed in accordance with this chapter.

D. If the police chief or his or her designee issues an OSC, a copy of the OSC shall be personally served on the violator or shall be sent by registered or certified U.S. mail to the violator at the address listed on the most recent permit application or renewal application. In the case of service by registered mail or certified mail, service shall be completed at the time of deposit into the United States mail. The failure of any person to receive a copy of an OSC that was sent via registered or certified mail shall not affect the validity of any enforcement proceedings under this chapter.

E. Any hearing conducted in accordance with this section shall provide a full opportunity for the person or persons subject to a suspension, revocation or denial of a permit or an OSC to object to the determination that a violation has occurred, that the violation continues to exist, and/or that a suspension, revocation or denial of a permit is justified. The failure of any interested party to appear at a hearing under this section shall constitute a failure by such party to exhaust his/her/their administrative remedies, and a waiver of the same.

F. At the place and time set forth in the notice of hearing, the hearing officer shall conduct a hearing and consider any written or oral evidence regarding the violation(s) or suspension, revocation or denial of a permit that may be presented by the violator, any officer or agent of the City, and any other interested party.

G. After receiving all of the evidence presented, the public portion of the hearing shall be closed. The hearing officer may then consider what action or actions, if any, should be taken, including the imposition of any fines or penalties.

H. Within 10 days following the conclusion of the hearing, the hearing officer shall issue written findings and make a determination regarding the existence of the violation(s), failure of the violator to take required corrective action within the specified time period, and/or suspension, revocation or denial of a permit required under this chapter. If the hearing officer finds by a preponderance of the evidence that a violation occurred, that the violation was not corrected within the specified time period, or that the suspension, revocation or denial of the permit was justified, the hearing officer shall issue an order setting forth his or her findings, ordering the violator to correct any condition(s), any administrative fines or penalties as set forth below, an order allowing for recovery of administrative costs, including costs incurred by the City in connection with the proceeding, attorneys’ fees, costs of investigation, staffing costs incurred in preparation for the hearing and for the hearing itself, and the cost of a re-inspection necessary to enforce the order.

I. The hearing officer shall serve the order in the manner and method set forth in subsection (D) of this section. (Ord. 1083 § 2, 2009.)

5.16.430 Appeals from decision of hearing officer.

Any person or persons aggrieved by any decision of the hearing officer may appeal to the City Council by filing a notice of appeal with the City Clerk within 15 days of the serving or mailing of the order. The City Clerk shall fix a time and place for hearing such appeal, and shall give notice in writing to the appealing party at the address listed in the most recent permit application or renewal. The findings of the City Council shall be final and conclusive and shall be served upon the appellant in the manner prescribed above for service of the notice of hearing. (Ord. 1083 § 2, 2009.)

5.16.440 Penalty for violations.

A. Any person violating any of the provisions of this chapter shall be guilty of a misdemeanor and shall be punishable therefor by a fine of not more than $1,000 or by imprisonment in the county jail for a period of not more than six months or by both such fine and imprisonment. In the event any civil suit or action is brought by the City to enforce the provisions of this chapter, the person responsible for such violation shall be liable to the City for the City’s costs of the suit, including, but not limited to, the City’s expert fees, auditor’s fees and other costs of the suit. The prevailing party in such suit shall be entitled to recover its attorneys’ fees in an amount not to exceed the amount of attorneys’ fees incurred by the City in such action.

B. After a hearing and upon finding that any person, firm or corporation does not have the proper authority to operate a taxicab under this chapter or has violated the advertising requirements under Government Code Section 53075.9, the City may impose a fine of not more than $5,000. The fine may cover the reasonable expenses of the investigation. The City may assess interest on any fine or assessment imposed hereunder, to commence on the day the payment of the fine or assessment becomes delinquent. All fines, assessments, and interest collected shall be deposited at least once each month in a fund established for the purpose of enforcing the provisions of this chapter.

C. In addition to any other remedies available under this chapter, the City may also seek to terminate the telephone service of the violator. If the termination of telephone service is sought, the notice and hearing procedures under Government Code Section 53075.8 shall be followed.

D. In addition to any other enforcement remedies available to the City under any applicable state or federal statute or pursuant to any other lawful power the City may possess, any violation of this chapter may be prosecuted or enforced as a code violation in accordance with Chapter 1.12 HMC, as that chapter may be amended from time to time. The City may also prosecute or enforce violations of this chapter as a criminal offense or by a civil court action, prosecuted by the City attorney in the name of the City or in the name of the people of the state of California, by seeking the appointment of a receiver, or in any other manner provided by law. (Ord. 1083 § 2, 2009.)