Chapter 5.56 TAXICABS

“Advertisement” or “advertise” includes, but is not limited to, the issuance of any card, sign, or device to any person, the causing, permitting, or allowing the placement of any sign or marking on or in any building or structure, or in any media form, including newspaper, magazine, radiowave, satellite signal, or any electronic transmission, or in any directory soliciting taxicab solicitation services.

“Certificate” means the document required under this chapter to own or operate any taxicab business in the city.

“Driver” means any person driving any taxicab, as herein defined, either as owner, principal, agent, or employee.

“Operator” means any person, firm, or corporation that holds, or is obligated by this chapter to hold, a taxicab business operator’s certificate as herein defined, whether as owner or lessee.

“Permit” means the document required under this chapter for any person to drive or operate any taxicab vehicle in the city.

“Public convenience and necessity” means the existing and reasonably anticipated requirements or need of the public for prompt, safe, efficient, dependable, and economic transportation by passenger vehicles for hire.

“Smoking” means the carrying or holding of a lighted pipe, a lighted hookah pipe, an operating electronic cigarette, a lighted cigar or cigarette of any kind, or any other lighted smoking equipment, or the lighting, emitting, or exhaling the smoke of a pipe, cigar, cigarette, or electronic cigarette of any kind.

“Street” means any place commonly used for the purpose of public travel.

“Taxicab” means a passenger-type automobile used for the transportation of passengers for hire over the public streets and not over a defined route. “Taxicab” does not include a vehicle operated as a “charter-party carrier” as that term is defined in the Public Utilities Code or a vehicle operated by a “transportation network company” as that term is defined by the California Public Utilities Commission.

“Taximeter” means any mechanical or electronic instrument, appliance, device, or machine by which the charge for hire of a passenger-carrying vehicle is mechanically or electronically calculated, either for distance traveled or time consumed, or both, and upon which instrument, appliance, device, or machine such charge is indicated by figures. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.020 General requirements.

A. No person may operate a taxicab business in the city without first obtaining an operator’s certificate and a city business license.

B. No person may drive a taxicab within the city without first obtaining a taxicab driver’s permit. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.030 Exceptions.

The provisions of this chapter shall not apply to the operation of any taxicab or other public motor vehicle merely transporting passengers from a point outside the city to a destination within the city or merely proceeding through the city while en route to a destination outside the city. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.040 Controlled substance and alcohol testing program.

A. As used in this section, the following definitions shall apply:

“Controlled substance” means those substances specified in Part 40 (commencing with Section 40.1) of Title 49 Code of Federal Regulations, as it exists on the effective date of this section, or as it may be amended.

“Negative test for alcohol” means an alcohol screening test showing a breath alcohol concentration of less than 0.02 percent.

B. Drivers shall test negative for each of the controlled substances specified in Part 40 (commencing with Section 40.1) of Title 49 Code of Federal Regulations, as it exists on the effective date of this section, or as it may be amended, before employment. Drivers shall test negative for these controlled substances and for alcohol as a condition of granting a permit or permit renewal of their driver’s permit issued by the police department.

C. Testing procedures shall be substantially as in Part 40 (commencing with Section 40.1) of Title 49 Code of Federal Regulations, as it exists on the effective date of this section, or as it may be amended, 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 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 Code of Federal Regulations, as it exists on the effective date of this section, or as it may be amended.

D. The holder of an operator’s certificate, or an applicant therefor, shall be responsible for ensuring that all persons employed by them as drivers, all applicants who have been offered positions of employment as drivers, and all persons to whom vehicles are leased to be used as taxicabs have provided the police department with satisfactory proof of compliance with the drug and alcohol testing of drivers employed by them.

E. Taxicab companies approved to operate in the city shall be responsible for the cost of drug and alcohol testing of drivers employed by them.

F. Each taxicab driver applicant shall submit satisfactory proof of a negative test result, that was obtained within 60 days prior to the submission of an application for a driver’s permit or for renewal of a driver’s permit, for controlled substances and for alcohol to the police department before a permit to operate a taxicab shall be issued. No driver’s permit shall be granted unless such proof has been submitted.

G. Persons holding a valid operator’s certificate shall, within 30 days of the expiration date thereof, submit satisfactory proof to the police department of a negative test for controlled substances and for alcohol for each driver indicated on the operator’s annual business license renewal.

H. Employing transportation 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 operator may require employees who test positive to pay the costs of rehabilitation and of return to duty and follow-up testing.

I. Test results shall be reported directly to the employing transportation operator, who shall, within five days of receipt of negative results, notify the police department.

J. The driver’s permit of any person convicted of illegally using, possessing, selling, or driving under the influence of any controlled substance or alcohol shall be subject to suspension or revocation pursuant to the provisions of this code.

K. A test in any jurisdiction shall be accepted as meeting the requirements of this section. 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 any jurisdiction, if the driver has not tested positive subsequent to a negative result. However, an alternative 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.

L. Upon the request of a driver applying for a permit, the police department shall provide the driver with a list of the consortia certified pursuant to Part 382 (commencing with Section 382.101) of Title 49 Code of Federal Regulations that the city knows offer tests in or near the jurisdiction.

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

N. 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. [Ord. 15-1400 § 1 (Exh. A), 2015.]

Article II. Operator’s Certificate and Requirements

5.56.100 Operator’s certificate required – Minimum number of taxicabs per operator.

A. Operator’s Certificate Required. It shall be unlawful for any person to own or operate any taxicab business in the city unless the person has first obtained an operator’s certificate pursuant to the provisions of this chapter.

B. Minimum Number of Taxicabs per Operator. The holder of a taxicab operator’s certificate shall have a minimum of two taxicabs authorized to operate under this chapter. [Ord. 16-1416 § 1, 2016; Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.110 Application for operator’s certificate.

A. The application for said operator’s certificate shall be in writing, executed under penalty of perjury, and filed with the chief of police, along with certificate fees as described in PMC 5.56.120. Such application shall contain the following:

1. The full name and identification of the applicant and all persons who will be financially interested, whether directly or indirectly, in the certificate;

2. The residence, business address, and citizenship of the applicant, including all members of any firm or partnership, or if the applicant is a corporation, the same information for all officers and directors and of any shareholders owning 20 percent or more of the voting stock of the corporation;

3. The address or location where the applicant intends to store, park and service the applicant’s vehicles, if different than the business address given pursuant to subsection (A)(2) of this section;

4. The exact nature of the proposed business for which the certificate is requested and the name under which it is to be operated;

5. Whether or not any certificate, license, or permit to operate a taxicab in any jurisdiction has been revoked and, if so, the circumstances of such revocation;

6. A completed check box certifying that the taxi operator applicant is prepared to operate with four-door vehicles large enough to assure the comfort and safety of the passenger(s);

7. The number of, and a complete description of, the vehicles proposed to be operated, including manufacturer, model, year of manufacture, license plate number, vehicle identification number (VIN), passenger capacity, modifications of factory equipment, the taximeter model and serial number, and a detailed description of the type and nature of the proposed operation;

8. The color scheme and characteristic insignia to be used to designate the vehicles of the operator;

9. A completed check box certifying that the vehicle’s taximeter has been inspected and sealed by the county sealer of weights and measures and complies with all requirements of this chapter;

10. A completed taxicab inspection report, in a form provided by the chief of police, showing that each vehicle identified in the application has, within the previous 90 days, successfully passed a safety inspection by an auto repair facility with a valid license from the State Bureau of Automotive Repairs;

11. Such other information as the chief of police, in his or her discretion, deems reasonably necessary to process the application, to conduct an adequate background investigation, and to determine the safety of the vehicle, as well as the service to be rendered;

12. An agreement to indemnify, defend, and hold the city harmless against any and all liability arising from the operation of the vehicles to be covered by the operator’s certificate.

B. It shall be the obligation of the operator to update the police department within seven business days when any of the information required to be submitted in accordance with subsection (A) of this section is subject to change. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.120 Fee for operator’s certificate.

A. Amount. Application and renewal fees for operator’s certificates shall be the amount set forth in the city’s fee schedule.

B. Due Date. Application fees are payable at the time of application submission. Renewal fees are payable on January 1st of each year.

C. Lapse of Certificate. Failure to pay an application or renewal fee when due shall cause denial of the application or renewal. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.130 Granting or denial of operator’s certificate.

A. After receiving the operator’s application, the chief of police shall conduct an investigation, which shall include a criminal background check. Within 90 days of completing the investigation the chief of police shall either grant or deny the application for a certificate. If the chief of police denies the application, such denial shall be based on one or more of the following:

1. Any taxicab proposed to be operated is inadequate or unsafe for the purpose intended;

2. The applicant or any person financially interested in the application has been convicted of a felony or of any penal law involving moral turpitude, including theft or fraud; provided, that the chief of police may nonetheless grant the application by taking into consideration the nature of the conviction, age, rehabilitation status, and the relationship of the crime to the operator’s ability to operate taxicabs;

3. The application is incomplete or the applicant has falsified or made a material misrepresentation in his or her application;

4. The proposed color scheme or characteristic insignia will tend to confuse the identification of the vehicles proposed to be operated with those of another operator operating in the city;

5. The name under which the applicant proposes to operate will tend to cause confusion with that of another operator operating in the city;

6. The applicant cannot procure insurance as required by PMC 5.56.370;

7. The applicant does not have adequate facilities for parking, storage and servicing of its taxicabs;

8. Granting the applicant an operator’s certificate would exceed the number of taxicabs permitted to operate within the city as provided in PMC 5.56.100;

9. In the case of a renewal application, the holder of the operator’s certificate, after hearing, failed to comply with the provisions of this code or of advertising requirements of Government Code Section 53075.9.

B. No certificate shall be issued to any person unless such person shall have filed with the office of the city clerk a certificate of insurance as evidence of automobile liability insurance providing bodily injury and property damage liability coverage in amounts not less than those specified by the chief of police. The insurance obtained by the certificate holder shall comply with the requirements of PMC 5.56.370.

C. If the chief of police approves the certificate, failure of the applicant to place each taxicab authorized in the certificate into service within 30 days after approval shall subject the applicant to certificate revocation proceedings pursuant to PMC 5.56.180. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.140 Contents of operator’s certificate – Sticker or window cling.

A. If such certificate is granted, it shall contain the following provisions:

1. The name under which the business is to be operated and the name of the certificate holder;

2. The term for which the certificate is granted;

3. A brief description of each vehicle and a statement of the maximum seating capacity of each such vehicle which the certificate holder is permitted to operate;

4. The number of taxicabs to be operated by the operator, and that the operator shall procure prior approval by the chief of police before substituting any taxicab for another vehicle or operating any taxicabs in excess of the authorized number;

5. Such conditions or additional matters as the chief of police may deem necessary or proper.

B. At the time of the issuance of a certificate for the operation of any vehicle under this chapter, the chief of police shall assign a number for that vehicle and provide a sticker or window cling containing “City of Pittsburg,” the name of the taxicab business, the operator certificate number, and vehicle number assigned by the chief of police. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.150 Business license requirement.

Notwithstanding the provisions contained in this chapter, the applicant shall, unless exempt therefrom, procure a city business license pursuant to Chapter 5.04 PMC. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.160 Term of operator’s certificate – Posting – Renewal – Transfer.

A. Term. An operator’s certificate issued pursuant to this chapter shall be for a calendar year and signed by the chief of police. Such certificate shall expire on December 31st in the year it was issued. Such certificate shall be posted conspicuously in the operator’s principal place of business located within the city.

B. Renewal. An operator’s certificate may be renewed by filing with the chief of police an application for renewal at least 30 days prior to expiration. The renewal application shall set forth the information and documentation requested in the original application. Said application for renewal shall be subject to investigation pursuant to PMC 5.56.130. Renewal applications must be made prior to expiration of issued operator’s certificate. If operator’s certificate is renewed after expiration date, the application will be considered as new.

C. Transferability. No operator’s certificate issued under this chapter shall be assignable or transferable. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.170 Listing of operator’s certificate in all advertisements.

Every operator shall include the number of its operator’s certificate in every written or oral advertisement of its services. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.180 Suspension or revocation of operator’s certificate.

A. A certificate issued to an operator under this chapter may be suspended immediately upon a finding by the chief of police that the holder has engaged in conduct that presents an immediate risk to the continued health, safety, or welfare of the general public. Any suspension may be appealed under the terms of this chapter.

B. A certificate issued to an operator under this chapter may be revoked for cause by the chief of police or his or her designee, after notice and hearing, for any of the reasons specified as grounds for denial of the issuance of the certificate, for violation of any of the provisions of this chapter, for failure to procure insurance or renew insurance or update the schedule of insured vehicles as required under this chapter, or for failure to pay any judgment for damages arising out of the operation of vehicles for which certificates have been issued pursuant to this chapter. [Ord. 15-1400 § 1 (Exh. A), 2015.]

Article III. Driver’s Permits and Requirements

5.56.200 Driver’s permit required.

It shall be unlawful for any person to drive any taxicab in the city unless he or she has a valid taxicab driver’s permit as herein provided. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.210 Application for driver’s permit.

Application for each driver’s permit shall be filed with the chief of police, along with application fee as described in PMC 5.56.220. The application shall be in writing and made under penalty of perjury. Said application shall set forth the name, age, and address of the applicant, the applicant’s past experience in operating automobiles, the names and addresses of the applicant’s employers during the preceding period of three years, places of residence for two years preceding the application, whether or not an operator’s license or permit issued to the applicant by the state or any state or government agency has ever been revoked or suspended, the name, address, and endorsement of the operator by whom the applicant is to be employed as a driver, the physical description, weight, height, and color of eyes and hair, and such additional information as the chief of police may reasonably require to determine the applicant’s driving record. Upon satisfying the foregoing requirements, said applicant shall be photographed and fingerprinted and the applicant’s record filed by the chief of police. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.220 Fee for driver’s permit.

A. Application and renewal fees for driver’s permits shall be the amounts set forth in the city’s fee schedule.

B. Application fees are payable at the time of application submission. Renewal fees are payable on January 1st of each year.

C. No application fee shall be required of an applicant for a driver’s permit if said person has had additional or other driver’s permits issued to such applicant during the 12 months immediately preceding by the city. However, if a background investigation is required of an applicant, then the application fee shall be collected. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.230 Qualifications of applicant for driver’s permit.

Each applicant for a driver’s permit must:

A. Be a person of good moral character. In making this determination, the following factors shall be considered:

1. Whether the applicant has been convicted of an offense involving the use of force or violence upon the person of another;

2. Whether the applicant has been convicted of an offense involving moral turpitude, such as fraud or theft;

3. Whether the applicant has intemperate habits or a bad reputation for trust, honesty, and integrity;

4. Whether the applicant has been refused or has had revoked any license or permit by any governmental agency or entity for a violation of law or lack of good moral character;

5. Whether the applicant has knowingly made false, misleading, or fraudulent statements of fact in this application or any other document required for a driver’s permit;

6. Whether the applicant has a driving record that has less than three convictions for moving traffic violations during the year prior to application;

7. Whether the applicant has had any convictions for driving under the influence of alcohol or drugs during the 10 years prior to application;

8. Whether the applicant has had any convictions for hit-and-run driving or reckless driving the five years prior to application;

9. Whether the applicant poses any foreseeable risk to the health, safety, or welfare of the general public;

10. Whether the applicant has any record of a commitment or detention under Welfare and Institutions Code Section 5150;

B. Be of the age 21 years or over, unless otherwise approved by the chief of police;

C. Be of sound physique with good eyesight and not suffering from or being treated for epilepsy, vertigo, heart trouble, or any other infirmity of the body or mind, and not addicted to the use of intoxicating liquor, or illegally using amphetamines, barbiturates, hypnotic drugs, or narcotics which might render him unfit for the safe operation of a taxicab;

D. Be clean in dress and person;

E. Have a valid California driver’s license of the proper class which authorizes the driver to operate a taxicab;

F. Be able to provide proof of employment, or an offer of employment, as a taxicab driver in the city;

G. Submit satisfactory proof of a negative drug and alcohol test result as required under this chapter. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.240 Granting or denial of driver’s permit.

The chief of police shall investigate said applicant, and such investigation shall include the completion of a criminal background check. After such investigation, the chief of police shall either grant or deny the permit. Any person whose application has been denied may, within 10 days after said denial, appeal to the city manager or the city manager’s designee. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.250 Contents and conditions of driver’s permit.

All driver’s permits shall indicate the name of the driver, the name of the driver’s employer, the address and telephone number of the driver’s employer, the permit expiration date, and such other information as the chief of police deems appropriate. The permit shall limit the driver to operate a taxicab of the employer whose name is set forth on the permit. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.260 Term of driver’s permit – Renewals – Posting – Transfer.

A. Term. The term of each driver’s permit shall be through December 31st of the calendar year it was issued.

B. Renewals.

1. A permittee may apply for a permit renewal by submitting to the chief of police, before the expiration of his or her driver’s permit, a renewal application and a nonrefundable renewal fee in an amount set forth in the city’s fee schedule. Said application for renewal shall be subject to investigation pursuant to PMC 5.56.240 and shall require applicant to submit to fingerprinting at the time of submitting the renewal application. If there are no material changes and the provisions of PMC 5.56.210, 5.56.220, and 5.56.230 have been satisfied, the chief of police shall renew the permit and issue a new driver’s permit.

2. Renewals must be made prior to expiration of issued driver’s permit. If driver’s permit is renewed after expiration date, application will be considered as new.

C. Posting. The driver’s permit shall be carried by the permittee at all times he or she is driving a vehicle as described in this chapter and posted in a place conspicuous from the passenger’s compartment of the taxicab while said driver is operating such vehicle.

D. Transfer. No driver’s permit issued under this chapter shall be assignable or transferable. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.270 Notification of change of address of person holding driver’s permit.

Every person holding a taxicab driver’s permit shall at all times keep the chief of police notified of his or her residence address. He or she shall notify the chief of police, in writing, of any change in said address within 10 days after such change is made. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.280 Termination or change of driver’s employment.

A. Except as provided in subsection (B) of this section, a driver’s permit shall become void upon termination of a driver’s employment, including termination of self-employment if the driver is also a taxicab operator, and the operator of any taxicab business shall confiscate the driver’s permit of any driver leaving his or her employ and within five days shall notify and forward said permit to the police department.

B. If a driver changes his or her employment to employment by a different operator, he or she shall, within 24 hours thereafter, notify the chief of police for the purpose of having his or her driver’s permit changed so as to properly designate the name of the new employer. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.290 Suspension or revocation of driver’s permit.

A. The chief of police shall have the power to suspend any driver’s permit issued hereunder in the event the holder thereof either is arrested, charged, or cited for any violation of the Vehicle Code punishable by suspension of driver’s license, or violates PMC 5.56.230. In addition, a permit issued to a driver under this chapter may be suspended immediately upon a finding by the chief of police that the holder has engaged in conduct that presents an immediate risk to the continued health, safety, or welfare of the general public. Any suspension may be appealed under the terms of this chapter.

B. A driver’s permit issued under this chapter may be revoked by the chief of police or his or her designee, after notice and hearing, for any of the reasons specified as grounds for denial of the issuance of the permit, for violation of any of the provisions of this chapter, for failure to pay any judgment for damages arising out of the operation of a taxicab for which a permit has been issued pursuant to this chapter, or upon the driver’s being adjudged guilty of violating any section of the Vehicle Code punishable by suspension or revocation of his or her driver’s license, of a physical assault or battery upon a person, or of theft, fraud, or any other crime of moral turpitude. Any revocation may be appealed under the terms of this chapter.

C. Any driver’s permit revoked or suspended must be immediately surrendered to the chief of police. [Ord. 15-1400 § 1 (Exh. A), 2015.]

Article IV. Vehicle Standards, Equipment, and Operation

5.56.300 Vehicle inspection, maintenance, equipment, and identification.

A. Inspection of Vehicles. Before a certificate is issued or renewed to any operator, the operator must submit to the chief of police a completed taxicab inspection report as required by this chapter.

B. Right of Police to Enter or Inspect Vehicles. The chief of police, or any member of the police department under his or her direction, shall have the right, at any time after displaying proper identification, to enter into or inspect any licensed taxicab for the purpose of ascertaining whether or not any of the provisions of this chapter are being violated and is authorized to issue a citation or effectuate an arrest for misdemeanor violations pursuant to Penal Code Section 836.5.

C. Removal of Unsafe Vehicles from Service. Any certificated vehicle observed in operation within the city limits with a visible mechanical violation may be ordered out of service by the chief of police or his or her designee if the violation could result in a citation being issued. The mechanical problem is to be corrected by the following work day and the vehicle shall not be placed into service until it has been inspected by a member of the Pittsburg police department. A reinspection fee may be charged pursuant to this section.

D. Reinspection Fees. Whenever a taxicab has, as a result of an inspection by the chief of police or a member of the police department, under this section, been determined to not meet the requirements of this chapter and the vehicle is required to be reinspected for correction of such identified defects, then the operator of such vehicle shall pay, for each such reinspection, the fee set forth in the city’s fee schedule. The fee shall be paid prior to the reinspection.

E. Safe and Clean Vehicles. Each taxicab shall be operated and maintained in safe and clean condition.

F. Illumination of Passenger Compartment. Each vehicle shall maintain in operable condition a light arranged to illuminate the entire passenger compartment. The light shall remain constantly lighted at all times while any passengers are being loaded into or unloaded from the vehicle during dusk or night hours.

G. Operable Door Handles and Locks. The interior and exterior handles and locks for each door of the taxicab must be in good working condition and operable by passengers at all times. Failure to maintain handles and locks in working condition shall subject the taxicab to mandatory removal from service until such time as the inoperable items are repaired.

H. Minimum Number of Vehicles Operable. The operator shall at all times maintain, in a fully operable condition, at least 80 percent of the total number of taxicabs for which an operator’s license has been granted.

I. Telephone and Two-Way Radio Dispatch System – Global Positioning System.

1. A comprehensive and adequate telephone or two-way radio dispatch system will be maintained at all times on a 24-hour basis. Such system shall include, either on the operator’s premises or by a business elsewhere under contract to the operator, the operation of a telephone answering line and an operator in charge thereof devoted to primarily and promptly answering telephone calls requesting cabs and to dispatching cabs by radio in response to such calls. The operator may propose an alternative dispatch system which shall be reviewed and approved by the chief of police who shall determine if the proposed alternative meets the requirements of this section. The operator will have 90 days, from the date of certificate issuance, to have the telephone and two-way radio dispatch system in operation. The chief of police may extend the time for compliance on a showing that, for reasons beyond the control of the operator, compliance is not possible within 90 days. In the interim, the operator will have, in place, an adequate system to handle calls for service, i.e., cellular telephone, answering service, or pager. Failure to comply with this requirement is grounds for immediate suspension or revocation of the operator’s certificate.

2. All drivers shall be required to maintain a functioning, hands-free global positioning system (GPS) at all times while operating a taxicab.

J. Each certified taxicab shall have, on both sides and rear of the vehicle, the name of the operator, or name under which operated, the word “Pittsburg,” and the number assigned to such vehicle by the chief of police. The type, design, and size required therefor shall be designated by the chief of police. At the time of the issuance of a certificate for the operation of any vehicle hereunder, the chief of police shall assign a number to and for that vehicle. In addition, each certified taxicab shall have and display in the rear, passenger-side window of the vehicle, a sticker or window cling issued by the chief of police. At the time of the issuance of a certificate for the operation of any vehicle under this chapter, the chief of police shall issue a sticker or window cling containing “City of Pittsburg,” the name of the operator, the operator certificate number, and vehicle number assigned by the chief of police. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.310 Safety features and equipment.

The safety features and equipment of all taxicabs operated pursuant to certificates issued under the provisions of this chapter shall be, at all times, under the jurisdiction and orders of the chief of police, subject to any regulations imposed by state or federal law. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.320 Taximeter and fares.

A. Failure to Have Operative Taximeter. It shall be unlawful for any person to operate a taxicab without a properly operating taximeter.

B. Standards for Taximeters. All taxicabs operated under the authority of this chapter shall be equipped with taximeters which conform to all applicable state laws and regulations and shall be inspected and sealed by the county sealer of weights and measures prior to submission of an application for an operator’s license, prior to annual renewal of an operator’s license, and upon request of the police department. All taximeters shall be located in the driver’s compartment in such a manner as to be visible to the passengers at all times, day and night, and after sundown the face of the taximeter shall be illuminated. The taximeter shall be sealed and operated mechanically driven either from the transmission or from one of the wheels. Each taximeter shall have thereon a flag or other means to denote when the vehicle is employed and when it is not employed. The driver shall throw the flag or place such taximeter into a nonrecording position upon the termination of each trip. The said taximeter shall be subject to inspection at any time by the police department and/or the county sealer of weights and measures. Within 24 hours after a taximeter has been repaired, adjusted, or installed, the operator of the taxicab shall notify the county sealer and request that he or she test it for accuracy.

C. Posting of Fares. There shall be displayed in the passenger compartment of each taxicab, in full view of the passenger, a card not less than two inches by four inches in size, which shall have plainly printed thereon the name of the operator, the business address and telephone number of the operator, and a correct schedule of the rates to be charged for conveyance in the vehicle, including charges for waiting time and/or delivery of goods without a passenger. The schedule of rates must include the statement “No flat rates.” The card shall also contain the following notation: “Any complaints regarding service rendered may be made to the Pittsburg Police Department Code Enforcement Unit, 925-252-4010.”

D. Maximum Rates of Fare. It shall be unlawful for the operator or driver of any taxicab, as defined in this chapter, to fix, charge, or collect a rate in excess of the rate schedule adopted by resolution of the city council.

E. Rate Hearing. Before any taxicab rate is modified, there shall be a public hearing by the city council. The procedure for filing, fee, notice, date, and place of hearing shall be in accordance to the provisions of Chapter 3.30 PMC.

F. Deduction from Fare in Case of Breakdown. In case any taxicab shall become disabled or break down, while conveying passengers for hire, the time of stoppage shall be deducted from the time charged for. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.340 Taxicab operation.

A. Use of Most Direct Route Required. The driver of any taxicab employed to transport passengers to a definite point shall take the most direct route possible that will safely carry the passenger to his or her destination.

B. Passenger Maximum. No driver of any taxicab shall accept or take into his or her vehicle or transport any larger number of passengers than the lesser of either the rated seating capacity of or the number of operable seat belts in the vehicle.

C. Exclusive Use of Taxicab by Passengers. When a taxicab is engaged, the person or persons first hiring same shall have the exclusive right to the full and complete use of the passenger compartment and it shall be unlawful for the operator or driver of such vehicle to solicit additional passengers contrary to such right. Notwithstanding the foregoing, whenever the chief of police, or his or her representative, find that public necessity temporarily requires the grouping of passengers in taxicabs, permission may be granted by the chief of police, or his or her representative, for such grouping.

D. Substitution of Vehicles. An operator may not use any vehicle not certificated by a valid operator’s certificate except with the prior approval of the police department. Any vehicle that is proposed to substitute for a certificated vehicle must be inspected and certificated prior to being put into service. The following log is to be kept, covering each substitute vehicle owned, maintained, or otherwise operated by the certificate holder:

1. Vehicle number of the vehicle being removed from operation;

2. On and off mileage of both vehicles;

3. Dates and times the substitute vehicle is used.

This log information shall be subject to inspection by the police department at any time.

E. No Obstruction of Public Right-of-Way. No operator shall permit any taxicab operated by him or her and no driver shall cause any such vehicle to obstruct a public street or sidewalk. A driver shall remain beside his or her vehicle when the vehicle is standing in any taxi stand and shall leave the vehicle for no longer than five minutes when the vehicle is standing in any other location on a public street.

F. Receipts. Every driver shall, if requested, provide a correct receipt upon payment of the correct fare.

G. No Misrepresentation. An operator or driver may not misrepresent material information to other persons, including information regarding rates, travel time, distance, or the identity of the taxicab driver or operator.

H. Reports of Lost Property. All property of value found in a taxicab by an operator, or his or her employee, or delivered to them by any person who has found such property, if unclaimed within 48 hours, shall be delivered to the police department. Every operator shall keep a record of all found and returned property describing the article, date found, finder, and disposition of property.

I. Refusal to Carry Passenger. Except as provided in subsection (C) of this section, a driver may not refuse a prospective passenger tendering the appropriate fare based on the distance of the route (if less than 50 miles from the city limits) or for any other reason; provided, however, that a driver may refuse permission to any person who is conducting himself or herself in a boisterous or otherwise unruly manner. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.350 Tripsheets.

A. The driver of each taxicab shall keep a separate tripsheet of every service rendered by such driver, which tripsheet shall include the following information:

1. Location where passengers entered vehicle;

2. Time of entry;

3. Number of passengers;

4. Location where passengers were discharged;

5. Amount of fare collected.

6. Tripsheets being maintained by “on duty” drivers shall be surrendered for inspection to any police officer or designee of the chief of police upon request.

B. The operator of every such taxicab shall keep said tripsheet in the office files for a period of six months after date of service rendered, and the same shall at all convenient times be open to examination by any representative of the chief of police. Office files must be maintained at the business address pursuant to the operator certificate application. The falsifying of any tripsheet by an operator or by a driver shall be grounds for revocation of his or her certificate or permit. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.360 Taxi stands.

A. The chief of police is authorized and empowered to establish open stands in such place or places upon the streets of the city as he or she deems necessary for the use of certified taxicabs operated in the city. The chief of police shall not create an open stand without taking into consideration the need for such stands by the companies and the convenience to the general public. The chief of police shall prescribe the number of cabs that shall occupy such open stands. The chief of police shall not create an open stand in front of any place of business where the immediately abutting property owners object to the same or which such stand would tend to create a traffic hazard.

B. Open stands shall be used by the different drivers on a first-come, first-served basis. The driver shall pull onto the open stand from the rear and shall advance forward as the cabs ahead pull off. Drivers shall stay within five feet of their cabs. They shall not solicit passengers or cause unnecessary noise while at an open stand. Nothing in this chapter shall be construed as preventing a passenger from boarding the cab of his choice that is parked at an open stand.

C. Private or other vehicles for hire shall not at any time occupy the space established as a taxi stand. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.370 Liability insurance required – Provisions of liability insurance policy – Liability insurance certificate.

A. Liability Insurance Required. It shall be unlawful to drive or operate any taxicab in the city unless the operator thereof shall have obtained a motor vehicle liability insurance policy or policies from an insurance company authorized to issue such policies under the laws of the state, insuring the vehicle operation by the operator and covering each vehicle insured under such policy or policies. Each vehicle insured shall be designated by number and state license number. Such policy of insurance shall guarantee the payment to any and all persons suffering injuries or damage to personal property of any final judgment rendered against such operator or driver with the limits not less than those specified by the chief of police. Evidence of such insurance shall be by written certificate or certificates of such insurance corporation, including a separate endorsement naming the city as an additional insured, filed with the city clerk. Failure to maintain motor vehicle liability insurance as provided herein shall be grounds for immediate suspension of the operator’s certificate to operate.

B. Provisions of Liability Insurance Policy. Each motor vehicle liability policy required under the provisions of this chapter, in addition to the provisions required therein under the laws of the state, shall provide coverage under the National Standard Liability Form or other form as approved by the city attorney and shall also provide that:

1. Such policy covers a schedule of any and all taxicabs which may be driven or operated by or for the operator insured under the policy;

2. Such policy insures the operator, as defined in this chapter, and any other person driving, using, or responsible for the use of any taxicab covered by the policy, whether with or without the consent, expressed or implied, of the operator and also the city, against loss from liability for injury to, or death of, any person or damage to property arising from or growing out of the maintenance, operation, or operatorship of any vehicle covered by the policy in amounts not less than those specified by the chief of police;

3. The city shall be held harmless for all claims, demands, and actions of any type occasioned by the operation of the operator’s taxicab business;

4. Such policy is to be a continuing liability up to the full amount thereof, notwithstanding any recovery thereon;

5. Such policy, in the event of the death of the operator, inures to and is for the benefit and protection of his or her successors in interest who may continue the operation of the taxicab service.

C. Liability Insurance Certificate. Each certificate required under the provisions of PMC 5.56.130(B) shall certify that the issuer thereof has issued a motor vehicle liability insurance policy or policies insuring the operator named in the certificate, and that each of the policies contains each of the provisions required to be therein as provided by this section, and that none of the policies can or will be canceled, except upon 30 days’ prior written notice thereof to the city clerk. All such certificates shall be subject to the approval of the city attorney. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.380 Taxicabs from other municipalities not to accept passengers in city.

The driver of a taxicab authorized to operate in any other municipality or political subdivision to a destination within or beyond the city limits of the city shall not seek or accept passengers within the city. Violation of this section will be charged the fee set forth in the city fee schedule. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.390 Refusal to pay fare.

It shall be unlawful for any person to refuse to pay the lawful fare as fixed of any of the vehicles regulated by this chapter after employing or hiring the same. Any person doing so shall be guilty of a misdemeanor. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.400 Smoking in taxicabs prohibited.

Smoking by any person shall be unlawful in any taxicab in the city. [Ord. 15-1400 § 1 (Exh. A), 2015.]

Article V. Implementation and Enforcement

5.56.500 Complaints and investigations.

A. Upon receipt of a complaint containing sufficient information to warrant conducting an investigation, the police department shall investigate any business that advertises or operates taxicab transportation services for hire within the city. The chief of police shall adopt criteria that establishes the type of information, if contained in a complaint, that is sufficient to warrant an investigation under this section.

B. In an investigation initiated under this section, the police department shall, in the course of its investigation:

1. Determine whether the business investigated has valid certificates and permits as required by this chapter;

2. Inform any business not having valid authority to operate that it is in violation of law;

3. Within 60 days of informing the business pursuant to subsection (B)(2) of this section, institute civil or criminal proceedings, or both, pursuant to the Pittsburg Municipal Code or other authority of jurisdiction. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.510 Violations.

Violation of this chapter may be punishable as an infraction or as a misdemeanor pursuant to Chapter 1.12 PMC. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.520 Remedies for violations.

It is unlawful for any person to violate a provision of, or fail to comply with, any requirement of this chapter. The city may enforce this chapter by any lawful means, including suspension or revocation of a certificate or permit, and any remedy set forth in Chapter 1.12 PMC. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.530 Statutory fines.

In addition to any remedy sought pursuant to this code, if after a hearing the city determines that any person or corporation is or has operated a taxicab transportation service without a valid certificate or permit required by this chapter, or has failed to comply with the requirements of PMC 5.56.170 with regard to any written or oral advertisement, that person or corporation shall be subject to a fine of up to $5,000 for each violation. In addition, the city shall assess the person or corporation an amount sufficient to cover the reasonable expenses of investigation incurred by the city and interest on any fine or assessment imposed, to commence on the day the payment of the fine or assessment becomes delinquent. All fines, assessments, and interest collected pursuant to this section shall be deposited at least once each month in a fund established for the enforcement of the violations described in this section. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.540 Impoundment.

A city police officer may impound a vehicle used in violation of this chapter; however, no officer shall impound any vehicle owned or operated by a nonprofit organization exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code which serves youth or senior citizens and provides transportation incidental to its programs or services. The impoundment of vehicles under this section is subject to the procedures described in Government Code Section 53075.61, which include the following:

A. If the vehicle is seized from a person who is not the owner of the vehicle, the city shall immediately give notice to the owner by first-class mail.

B. The vehicle shall immediately be returned to the owner without cost to the owner if the infraction or violation is not prosecuted or is dismissed, the owner is found not guilty of the offense, or it is determined that the vehicle was used in violation of the ordinance without the knowledge and consent of the owner. Otherwise, the vehicle shall be returned to the owner upon payment of any fine ordered by the court. After the expiration of six weeks from the final disposition of any criminal case, the impounding authority may deal with the vehicle as lost or abandoned property under Section 1411 of the Penal Code.

C. At any time, a person may make a motion in superior court for the immediate return of a vehicle on the ground that there was no probable cause to seize it or that there is some other good cause, as determined by the court, for the return of the vehicle. [Ord. 15-1400 § 1 (Exh. A), 2015.]

5.56.550 Appeals.

A. Filing an Appeal – Notice and Date of Hearing.

1. Any person aggrieved by a decision to grant, deny, suspend, revoke, or decline to renew any certificate or permit issued under this chapter may appeal the decision within 10 days of the decision. An appeal pursuant to this section shall be in writing, shall state the specific reasons for the appeal and the grounds asserted for relief, and be accompanied by a nonrefundable appeals processing fee set by city council resolution. The appeal shall be filed with the city manager or his or her designee.

2. After a timely appeal has been filed with the city manager or his or her designee, a hearing date, time and place shall be set. The city manager or his or her designee shall sit as the hearing officer. The hearing shall be set for a date within a reasonable time period after the date of receipt of the appeal. Reasonable efforts shall be made to set the hearing date not less than 10 days nor more than 20 days after receipt of the appeal.

3. The person requesting the hearing shall be notified in writing by first class mail of the date, time, and place set for the hearing. The notice shall be sent to the address provided on the appeal by the appellant. Service shall become effective on the date of first class mailing. Failure of the appellant to receive such notice shall not affect the validity of any proceedings taken.

4. The appellant or the city may request one continuance, but in no event may the hearing be continued more than 15 days after the date of the originally scheduled hearing unless the hearing officer finds that circumstances warrant a longer continuance not to exceed 30 days after the date of the originally scheduled hearing.

5. The failure of any person to file an appeal in accordance with the provisions of this section shall be deemed to be a waiver of his or her right to an administrative hearing and shall constitute a failure to exhaust administrative remedies.

B. Hearing Procedure.

1. Administrative hearings are informal, and formal rules of evidence and discovery do not apply.

2. The city representative and the appellant shall be given an opportunity to testify and present evidence concerning the decision. All individuals may represent themselves or be represented by any person of their choice.

3. The hearing officer may continue the hearing and request additional information from the city representative or the appellant prior to concluding the hearing and issuing a written decision.

4. The failure of the person requesting the hearing to appear at the hearing shall be deemed to be a waiver of his or her right to an administrative hearing and shall constitute a failure to exhaust administrative remedies.

C. Decision of the Hearing Officer.

1. Grounds for relief shall be limited to whether the appellant has or has not met the criteria set forth in the section of this chapter governing each such action, or has violated a section of this chapter.

2. The hearing officer shall issue a written decision within 10 business days of the conclusion of the hearing stating the reasons for that decision.

3. A copy of the hearing officer’s written decision shall be sent by first class mail to the appellant at the address provided on the appeal.

4. The hearing officer’s decision shall be final 10 days after notice of the decision is provided to the appellant unless a timely appeal is filed within that period.

D. Appeal to City Council. The decision of the hearing officer may be appealed to the city council pursuant to the procedures provided in Chapter 1.08 PMC. [Ord. 15-1400 § 1 (Exh. A), 2015.]