Chapter 5.12
VEHICLES FOR HIRE*
Sections:
5.12.020 Certificate Required.
5.12.030 Application for Certificate.
5.12.050 Issuance of Certificates.
5.12.060 Grounds for Denial of Application.
5.12.080 Revocation, Denial and Appeal.
* Editor’s note: Ordinance 97-39 amended Chapter 5.12 in its entirety.
Prior history: 1949 Prior Code §§ 6601—6617; as amended by Ord. 875, 1959; Ord. 886, 1959; Ord. 1211, 1967; Ord. 1213, 1967; Ord. 1568 § 2, 1974; Ord. 1584, 1974; Ord. 1618, 1975; Ord. 1620 § 2, 1975; Ord. 1626, 1975; Ord. 1674, 1976; Ord. 1738 § 2, 1977; Ord. 1866, 1980; Ord. 87-24, 1987; Ord. 87-25, 1987; Ord. 87-26, 1987; Ord. 89-13, 1989; Ord. 95-29 §§ 5(1), 5(2), 1995; and Ord. 96-23, 1996.
5.12.010 Definitions.
For the purpose of this chapter, the words and phrases herein defined shall be construed in accordance with the following definitions, unless it is apparent from the context that a different meaning is intended.
Certificate. The term “certificate” means a certificate of public convenience and necessity issued pursuant to this chapter.
Pedicab. The term “pedicab” shall have the same meaning as California Vehicle Code Section 467.5.
Public Transportation Vehicle. The term “public transportation vehicle” means a motor-propelled vehicle, not otherwise defined in this section, used in the business of transporting passengers over the streets of the City for hire, which operates exclusively within the boundaries of the City.
Sight-Seeing Automobile. The term “sight-seeing automobile” means a motor-propelled vehicle used for the purpose of transporting passengers over the streets for sight-seeing, showing points of interest or exhibiting lands, houses, property or other things or objects when a fee is charged or compensation is obtained from passengers or elsewhere.
Vehicle for Hire. The term “vehicle for hire” means a public transportation vehicle or sight-seeing automobile. (Ord. 2023-22 § 203, 2023; Ord. 97-39 § 1 (part), 1997)
5.12.015 Pedicab.
No person shall operate or engage in the business of operating a pedicab within the City. This section shall not apply to pedicabs authorized to operate in conjunction with a special event for which a special event permit has been issued pursuant to Chapter 11.03. (Ord. 2023-22 § 204, 2023)
5.12.020 Certificate Required.
No person shall solicit or pick up passengers in the City or engage in the business of operating any vehicle for hire within the City without having first obtained a separate certificate of public convenience and necessity for each such business. No such certificate issued by the City shall be required for any operations for which a certificate of public convenience and necessity is needed and has been granted by the Public Utilities Commission of the State. (Ord. 2023-22 § 205, 2023; Ord. 97-39 § 1 (part), 1997)
5.12.030 Application for Certificate.
An application for a certificate shall be filed with the Director of Finance upon forms provided by the City. The application must be signed by the applicant and be accompanied by a fee as established by resolution of the City Council, and shall contain or be accompanied by the following information:
A. The name and address of the applicant, and, if the same be a corporation, the names of its principal officers, or, if the same be a partnership, association or fictitious company, the names of the partners or persons comprising the association or company, with the address of each.
B. A complete schedule of the rates proposed to be charged for each type of vehicle.
C. A description of every vehicle which the applicant proposes to use, including trade name, motor or serial number, State license number and body style.
D. The location of the business and the place where the applicant proposes to keep such vehicles described in this chapter while not actually engaged.
E. The distinct color scheme, name, monogram and insignia which shall be used on each vehicle.
F. The name of the legal and registered owner of each such vehicle.
G. The experience of the applicant in the business or businesses for which the person is seeking a certificate or certificates.
H. Any facts which the applicant believes would tend to prove the public convenience and necessity requiring the granting of a certificate.
I. Such further information as the Director of Finance may require. (Ord. 2023-22 § 207, 2023; Ord. 97-39 § 1 (part), 1997)
5.12.040 Investigation.
Upon receipt of a completed application for a certificate, the City Manager shall, upon determining the application to be in order, refer the matter to the Chief of Police for investigation. In the course of the investigation, the Chief of Police shall inspect the vehicles and equipment. The Chief of Police shall complete the investigation within thirty (30) days, unless prevented from doing so by lack of cooperation of the applicant or other person named in the application, and shall report his findings to the City Manager regarding the qualifications of the applicant and other persons named in the application and the adequacy and safety of the vehicles with respect to cleanliness, equipment, safety devices, brakes and lights. (Ord. 2023-22 § 208, 2023; Ord. 97-39 § 1 (part), 1997)
5.12.050 Issuance of Certificates.
The City Manager may examine the application and all persons interested in the matter set forth in the application, and shall determine whether or not the public interest, convenience and necessity require the issuance of the certificate applied for, and if it is found by the City Manager that the public interest, convenience and necessity require the issuance of the certificate applied for, the City Manager may issue a certificate in accordance with the application, subject to the filing and approval of an undertaking as provided in Section 5.12.070, and subject to such conditions as may be imposed by the City Manager, including the minimum and maximum number of vehicles that may be used. (Ord. 97-39 § 1 (part), 1997)
5.12.060 Grounds for Denial of Application.
If the City Manager finds any of the following conditions exist, the City Manager shall deny the application:
A. That the application is not in the form and does not contain the information required to be contained therein by this chapter.
B. That the equipment, safety devices or vehicles proposed to be used are inadequate or unsafe for the purposes for which they are to be used.
C. That the color scheme, name, monogram or insignia to be used upon such vehicles or in the business resembles the color scheme, name, monogram or insignia used by another person, firm or corporation in the same business in the City and therefore may tend to deceive or defraud the public.
D. That the applicant has within the past two years had an application for such a certificate denied for cause.
E. That there is a sufficient number of vehicles of the type described in the application operating in the City to fully serve the public, that the granting of more certificates would unduly congest the traffic and interfere with the free use of public rights-of-way by the public, or that the best interests of the public do not demand and necessity does not require the issuance of such permit. (Ord. 2023-22 § 209, 2023; Ord. 97-39 § 1 (part), 1997)
5.12.070 Insurance.
Every person subject to this chapter shall procure and maintain insurance, which types and amounts shall be determined by the Risk Manager. (Ord. 2023-22 § 210, 2023; Ord. 97-39 § 1 (part), 1997)
5.12.080 Revocation, Denial and Appeal.
A. Grounds for Revocation. Any certificate granted under the provisions of this chapter may be revoked by the City Manager for any of the following reasons:
1. That the insurance required by Section 5.12.070 has not been filed or has been withdrawn or lapsed or is not in force for any reason.
2. For the nonpayment of any City business license.
3. For the breach of any rules, regulations or conditions set out in this Code or the certificate.
4. For the violation of any of the laws of the State or the City with respect to the operation of the business by any certificate holder, or repeated violations by operators or drivers of any vehicle covered by such certificate.
5. For failure to maintain satisfactory service to the public, or for failure to keep any such vehicle in a safe and sanitary condition and good repair, or for failure to use the distinctive coloring, monogram or insignia described in the application, or for deviation from the schedule or rates and fares set forth in the application.
B. Notice. When the City Manager concludes that the grounds for revocation of a certificate exists, the City Manager shall serve the certificate holder, in the manner provided in Section 1.08.080, with a notice of revocation of the certificate. The notice shall state the reasons for the revocation, the effective date of revocation if no appeal is filed by the certificate holder, and the right of the certificate holder to appeal to the City Council the decision to revoke the certificate.
C. Appeal and Call for Review. If a certificate holder is aggrieved by any action of the City Manager in revoking any certificate, such certificate holder may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the action of the City Manager. A member of the City Council, in their official capacity, may call for review any action of the City Manager under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review shall be filed with the City Clerk on a form provided by the City Clerk. The City Clerk shall notify the applicant in writing of the time and place set for the hearing of the appeal or a call for review.
The right to appeal to the City Council or file a call for review from the revocation shall terminate upon the expiration of fifteen (15) days after service of the notice of revocation of the certificate as provided in subsection (B) of this section.
The City Council may preside over the revocation hearing or, in the alternative, appoint a hearing officer to conduct the hearing, receive relevant evidence and submit to the City Council findings and recommendations to be considered by the City Council. The City Council shall preside over call for review hearings. The City Council shall render its decision within forty-five (45) days from the date of the hearing or, in the event that a Hearing Officer has been appointed, within forty-five (45) days on which the City Council receives the findings and recommendations of the Hearing Officer. The decision of the City Council shall be final as to the City but subject to judicial review pursuant to California Code of Civil Procedure Section 1094.5. (Ord. 2023-22 § 211, 2023; Ord. 2015-9 § 2, 2015: Ord. 97-39 § 1 (part), 1997)