Chapter 5.15
TAXICABS
Sections:
5.15.020 Certificate of public convenience and necessity.
5.15.030 Certificate of convenience and necessity – Taxicab and limousine.
5.15.040 License issuance – Fee.
5.15.050 Sale or transfer of business.
5.15.060 Revocation, suspension, change and extension of certificates.
5.15.070 Color scheme and insignia – Taxicabs.
5.15.080 Distinguishing markings – Limousines.
5.15.090 Special regulations pertaining to taxicabs.
5.15.100 Special regulations pertaining to limousines.
5.15.110 Maintenance of vehicles.
5.15.120 Operating regulations.
5.15.130 Drivers – Permits, regulations and qualifications.
5.15.160 Purpose, intent and limitation of effect of this chapter.
5.15.010 Definitions.
The following words and phrases when used in this chapter shall for the purpose of this chapter have the meanings respectively ascribed to them in this section:
“Driver” as used herein is defined to be every person in charge of, or operating, any taxicab or limousine as herein defined, either as owner or employee or under the direction of the owner or another employee, but does not include the hirer of a you-drive type vehicle.
“Limousine” as used herein is defined to be a motor-propelled vehicle used for the transportation of passengers for hire along public streets, not over a defined route, but as to route and destination in accordance with and under the direction of the person hiring such vehicle. A limousine bears no distinguishing color markings or lights, operates from a fixed location and is hired on an hourly contract basis only.
“Owner” as used herein is defined to be any and/or every person who in any manner has the proprietary use, ownership or control of any passenger-carrying motor-propelled vehicle.
“Person” as used herein is defined to mean and include any natural person, firm, corporation or association of persons.
“Stand” as used herein is defined to be a place upon a public street in the City for the use, while awaiting employment, of the particular taxicabs authorized to utilize the same.
“Taxicab” as used herein is defined to be a motor-propelled vehicle which is used for the transportation of passengers for hire over and along public streets, not over a defined route, but as to route and destination in accordance with and under the direction of the person hiring such vehicle.
All words, terms and phrases not defined in this section shall, where used in this chapter, have the meaning or meanings commonly ascribed to them. [Ord. 68 § 1, 1969.]
5.15.020 Certificate of public convenience and necessity.
It shall be unlawful for any person to engage in the business of operating or causing to be operated any taxicab or limousine in the City of Rio Dell without first having obtained from the City Council a certificate of public convenience and necessity. All persons applying for such certificate shall file with the Council a certified application which, insofar as applicable to the type of certificate sought to be obtained, shall contain:
(1) Name and residence address or person or persons making application.
(2) The fictitious name, if any, under which such applicant does business or proposes to do business.
(3) The business address of the applicant or business address of proposed place of business.
(4) The names and residence addresses of all managers, directors, officers, trustees and/or other individuals connected or professed to be connected, directly or indirectly, with the business.
(5) A description of the vehicles which the applicant proposes to use, giving the type, make, year of manufacture and rated seating capacity of each such vehicle.
(6) The number of vehicles and the specific type of business in which such vehicle or vehicles are proposed to be used.
(7) The color scheme, insignia, name, monogram or other distinguishing characteristics proposed to be used on such vehicle or vehicles.
(8) The street number and exact location of each taxicab stand which applicant proposes to use.
(9) A schedule of rates or fares to be charged.
(10) A request and agreement on the part of the applicant that the City mark and otherwise prepare and maintain each taxicab stand at the applicant’s expense, such cost to be paid by the applicant immediately upon being billed therefor by the City.
(11) The written consent of the owner or lessee of any real property fronting on any taxicab stand located in the street; or if there be an occupied building on such real property, the written consent of all the occupants thereof.
(12) The experience of the applicant in the transportation of passengers.
(13) The financial status of the applicant, including the amounts of unpaid judgments against the applicant and the nature of the transaction or acts giving rise to said judgment.
(14) Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate and such other information as the City Council may require. [Ord. 68 § 2, 1969.]
5.15.030 Certificate of convenience and necessity – Taxicab and limousine.
Upon filing of a fully completed application for the certificate of public convenience and necessity to engage in the business of operating a taxicab or limousine, the City Clerk shall fix the time for a public hearing thereon before the City Council, for the purpose of determining whether the public convenience and necessity require the proposed service. No certificate shall be granted until the Council shall, after investigation and hearing, declare by resolution that the public convenience and necessity require the proposed service.
(1) Notice of such hearing shall be given to all persons to whom certificates of public convenience and necessity for operation of taxicabs or limousines have been theretofore issued. Due notice of the time and place of the public hearing before the City Council shall also be given to the general public by causing a notice of such hearing to be published twice in a newspaper of general circulation in the City; the first publication to be made at least 10 days before the hearing; the second publication to be made at least five days before the hearing; and the cost of the publication to be at the expense of the applicant who shall deposit with the City Clerk an amount sufficient to cover the costs of publication at the time of filing the application.
(2) Upon completing its investigation and hearing, the City Council shall grant the applicant a permit and certificate of public convenience and necessity if it finds:
(a) That the vehicles described in the application and proposed to be used are adequate and safe for the purpose intended; and
(b) That the color scheme, insignia, name, monogram, or other distinguishing characteristics proposed to be used on such vehicle or vehicles are not in conflict with and do not imitate any color scheme, insignia, name, monogram or other distinguishing characteristics used by any other person in such manner as to mislead or tend to mislead, deceive or defraud the public; and that no other color scheme, insignia, name, monogram or other distinguishing characteristic has theretofore been designated for such applicant; and
(c) That the location of the proposed taxicab stand or stands are such that they will not congest or interfere with travel on any street or use thereof by the public, and that the proposed stands are not within 300 feet of any other stand on the same street (except that at and across any intersection, stands may be permitted within 200 feet of one another).
(d) That further service in the City of the type applied for is required by the public convenience and necessity and that the applicant is fit, willing and able to perform such type of service and to conform to the provisions of this chapter, and such rules and regulations as may be promulgated by the City Council. In making such finding, the City Council shall take into consideration the number of vehicles already in operation under the type of application applied for, whether existing transportation is adequate to meet the public need, the probable effect of increased service on local traffic conditions, and the character, experience and responsibility of the applicant.
(3) If the City Council, by resolution, shall find that public convenience and necessity require or will admit any additional taxicab or limousine service, a certificate to that effect shall be issued to the person or persons entitled thereto by having complied with the requirements of this chapter and all the requirements of this chapter having been met; and the City Council in its discretion shall determine the total number of taxicabs or limousines which may be licensed and operated under such certificate. The certificate when issued shall state the name and address of the applicant, the number of taxicabs or limousines that may be operated under such certificate, and the date of issuance thereof. No certificate authorized hereunder shall be issued to any person who shall not have fully complied with all the requirements of this chapter. [Ord. 68 § 3, 1969.]
5.15.040 License issuance – Fee.
If a certificate of convenience and necessity is authorized by the Council to be issued to an applicant as herein provided, the City Clerk shall cause to be issued a license for each taxicab or limousine authorized by such certificate upon payment of the license fee required by this chapter, or any appropriate tax license ordinance supplementing or superseding this chapter. A minimum license fee of $28.00 per annum shall be payable annually on July 1st.
Within 45 days after the issuance of a certificate, the owner must place in operation the full number of taxicabs or limousines authorized by said certificate. For failure to comply with this provision, the number of taxicabs or limousines authorized in said certificate shall automatically be reduced by the number thereof which the owner failed to place in operation during the said 45-day period. [Ord. 68 § 4, 1969.]
5.15.050 Sale or transfer of business.
(1) If an owner to whom a certificate of convenience and necessity has been issued desires to sell or transfer his business, the interested buyer or transferee shall make application for a certificate of convenience and necessity as required by this chapter, accompanied by affidavit of seller of intention to surrender and cancellation of the certificate and license held by such seller conditionally upon and concurrently with consummation of such sale and issuance of a replacement certificate and licenses in the name of the buyer. If a buyer-applicant or transferee-applicant for a certificate of convenience and necessity meets all of the various standards set forth in this chapter for issuance of the type of certificate of convenience and necessity sought, the City Council shall issue a new certificate to the buyer-applicant and concurrently therewith shall cancel the seller’s certificate.
(2) Replacement of Vehicles. If an owner sells or transfers title to a taxicab or limousine for which a license has been issued, or in the event a vehicle for which a license has been issued has been destroyed, he is entitled as a matter of right, upon written application to the City Clerk made within 45 days after such sale, transfer or destruction, to have a new license issued for the taxicab or limousine replacing the one so sold, transferred or destroyed. (Licenses and certificates issued hereunder are not transferable with vehicles sold or transferred.) If a taxicab is withdrawn from service for a period of 45 days without written permission from the Chief of Police first being secured, the license for such taxicab shall be automatically cancelled and the number of taxicabs authorized by said owner’s certificate shall thereafter be reduced by one, or more, as the case may be. [Ord. 68 § 5, 1969.]
5.15.060 Revocation, suspension, change and extension of certificates.
(1) The City Council may at any time revoke, suspend, or change, after proper notice to and an opportunity of hearing given to the holder thereof (owner), the certificate granted if the owner and/or driver fails to operate a vehicle authorized hereunder in accordance with the provisions of this chapter as now constituted or hereinafter amended.
(2) All certificates which shall have been suspended or revoked by the City Council shall be surrendered to the City Clerk and the operation of all taxicabs or limousines covered by such certificates shall cease and the continued operation thereof shall thereafter constitute a violation of this chapter.
(3) Certificates issued hereunder may be extended or amended only in the manner provided for herein for issuance of a certificate and all the conditions, terms and provisions of this chapter must be complied with in accomplishing such extension or change. [Ord. 68 § 6, 1969.]
5.15.070 Color scheme and insignia – Taxicabs.
The City Council shall consider, in approving color schemes and insignia for taxicabs, those which will clearly delineate the taxicabs to be operated by the applicant from those of all the other owners in the City. [Ord. 68 § 7, 1969.]
5.15.080 Distinguishing markings – Limousines.
The City Council shall not permit a certificate of convenience and necessity to be issued for any limousine which is so colored as to resemble the colors or markings commonly used by taxicabs. No limousine licensed hereunder shall carry any signs or printing on the exterior of such limousine advertising the fact of limousine service except as follows: It shall be lawful to print the owner’s name or firm name, phone number and the words “Limousine Service” on the front doors of such limousine in letters not more than two inches high. [Ord. 68 § 8, 1969.]
5.15.090 Special regulations pertaining to taxicabs.
It shall be unlawful for the owner or operator or driver of any taxicab licensed by the City to fix, charge or collect for services a rate, fare or tariff, except as hereinafter provided, more or less than the rate, fare or tariff fixed in the following manner, and all owners or operators of taxicabs shall take such action as necessary to cause rates, fares or tariffs for the cabs owned and/or operated by them to be fixed in the following manner:
(1) Zone Fare Schedule. All owners or operators of taxicabs operating on a flat fare or zone basis, or time or baggage, or a combination thereof, shall file with the City Clerk reasonable and uniform rates, fares, tariffs or schedules of charges, describing the zone or zones in which they apply. Such rates, fares, tariffs or schedule of charges shall be reviewed and approved by the City Council before becoming effective.
(2) Time Basis Fare Schedule. Owners or operators of taxicabs furnishing taxicab service on a time basis shall file with the City Clerk reasonable and uniform rates, fares or tariffs or schedule of charges. Such rates, fares or tariffs or schedule of charges shall be reviewed and approved by the City Council before becoming effective.
All such fares, rates or tariffs or schedule of charges established in the foregoing manner shall remain effective and shall not be amended or varied from except with the consent of or by order of the City Council, and the City Council may from time to time review such fares, rates or tariffs or schedules of charges, and may in their discretion require the owner or operator to substantiate by factual evidence and auditable records the reasonableness and uniformity of such fares, rates or tariffs or schedule of charges, and may, based upon their findings on the question of reasonableness and uniformity, order changes therein which shall be complied with.
(3) Posting and Filing Schedule. All owners and operators shall keep posted in a conspicuous place in the passenger compartment of each vehicle operated by him the schedule of fares approved as to form by the City Clerk chargeable for the use of such vehicle; and when operating on a zone basis there shall be posted in a conspicuous place in said passenger compartment of each vehicle a map of the City of Rio Dell, in form satisfactory to the City Clerk of the City of Rio Dell, clearly showing the respective zones and the corresponding rates for each of said zones.
It shall be unlawful to change the schedule of fares so posted unless and until a new schedule of fares shall have been filed and approved in accordance with the provisions of this chapter. Owners and operators of taxicabs shall file the schedules required by the ordinance codified in this chapter on or before its effective date. [Ord. 68 § 9, 1969.]
5.15.100 Special regulations pertaining to limousines.
It shall be unlawful for the owner or driver of a limousine licensed by the City of Rio Dell to fix, charge, or collect for service a rate more or less than the following for any trip entirely within or commencing or terminating within the City of Rio Dell.
(1) Five dollars per hour, or $1.00 for each 12 minutes thereof, or $0.40 per mile.
(2) There shall be a minimum of $1.00 regardless of the length of time the limousine is engaged. [Ord. 68 § 10, 1969.]
5.15.110 Maintenance of vehicles.
All taxicabs and limousines shall be under the supervision and control of the Chief of Police and no owner or driver shall operate or permit to be operated any taxicab or limousine in the City while some or any equipment used thereon shall be defective, unsafe, or in an unsanitary condition, and every taxicab shall be at all times subject to the inspection of any police officer of the City.
(1) The Chief of Police is hereby authorized and directed to suspend without previous notice any taxicab or limousine license granted hereunder whenever an owner or driver violates any of the provisions of this section. The owner of the taxicab or limousine the license of which has thus been suspended may, within 30 days thereafter, appeal from such order of suspension to the City Council, who shall, after due notice to the owner, hear and determine the matter and their decision thereon shall thereupon become final. The City Council in such decision may order a continued suspension of such license until such time as the taxicab or limousine shall be restored to a safe or sanitary condition.
(2) An owner or driver knowingly permitting any condition prohibited by this section to continue shall be subject to the penalty provided herein for violation of this chapter. [Ord. 68 § 11, 1969.]
5.15.120 Operating regulations.
Any driver employed to transport passengers to a definite point shall take the most direct route that will take the passengers to their destination safely and expeditiously.
(1) If requested, every driver shall give a receipt upon payment of the correct fare.
(2) It shall be unlawful for any person, except where credit is extended, to refuse to pay the lawful fare as fixed herein for the use of any taxicab or limousine after hiring the same.
(3) It shall be unlawful for any driver to refuse, when the vehicle is in service and not otherwise engaged, to transport any person who presents himself or is presented for carriage in a sober and orderly manner and for a lawful purpose.
(4) It shall be a ground for the revocation of a driver’s permit issued pursuant to this chapter for any driver to charge a passenger a greater fare than that to which he is entitled under the foregoing rate schedule structure.
(5) It shall be unlawful for the owner or driver of any limousine to conduct his business from any place other than the established place of business set out in the certificate of convenience and necessity for limousine service covering such limousine, or to solicit or obtain fares while cruising about the City. Contracts for carriage by limousines may be entered into only at the established place of business.
(6) Drivers of taxicabs shall not receive or discharge passengers in the roadway but shall pull up to the right-hand sidewalk as nearly as possible or in the absence of a sidewalk, to the extreme right-hand side of the road and there receive or discharge passengers, except upon one-way streets, where passengers may be discharged at either the right-hand or left-hand sidewalk, or side of the roadway in the absence of a sidewalk.
(7) It shall be unlawful for any driver to permit any other person to occupy or ride in said taxicab, unless the person or persons first employing the taxicab shall consent to the acceptance of an additional passenger or passengers.
(8) No driver shall permit more persons to be carried in a taxicab as passengers than the rated seating capacity of his taxicab as stated in the license issued for such taxicab. A child in arms shall not be counted as a passenger. [Ord. 68 § 12, 1969.]
5.15.130 Drivers – Permits, regulations and qualifications.
It shall be unlawful for any person to operate or drive a taxicab or limousine in the City of Rio Dell without having first obtained a written permit or license so to do from the Chief of Police. To secure such permit, a written application setting forth complete information on the applicant with respect to those matters dealt with in subsection (1) of this section and such other information as the Chief of Police may desire must be filed with the Chief of Police.
(1) The Chief of Police shall conduct an investigation of each applicant for a driver’s permit and may refuse to issue a driver’s permit and may suspend or revoke a permit theretofore granted for any of the following reasons:
(a) If the applicant is under 21 years of age; or
(b) If the applicant does not have a valid chauffeur’s license issued by the State Department of Motor Vehicles; or
(c) If the applicant has been convicted three or more times of a violation of any law or ordinance regulating the operation of motor vehicles, excepting violations pertaining to stopping, starting or parking, within three years of the date of application; or if the applicant is convicted or has been convicted of driving while under the influence of intoxicating liquors or narcotics or of reckless driving; or
(d) If the applicant is not of good moral character; or
(e) If the applicant violates any provisions of this chapter.
(f) Each application for a driver’s permit shall be accompanied by a $10.00 fee for the cost of investigation by the Chief of Police.
(2) If a driver applicant meets all of the requirements expressed or implied in subsection (1) of this section, such applicant shall be photographed and fingerprinted, and the photograph and record filed in the office of the Police Department, and thereupon a permit shall be issued, which permit shall thereafter be at all times fixed in a conspicuous place in the vehicle operated by such driver so as to be seen from the passenger compartment. Such drivers’ permits shall set forth the name, address and telephone number of the owner of the vehicle, and the name, address, color, age, signature and photograph of the driver to whom issued.
(3) If a driver changes his employment to employment by a different owner, he shall within 24 hours thereafter notify the Chief of Police for the purpose of having his driver’s permit changed so as to properly designate the name of the new employer. A fee of $1.00 shall be paid for such change permit.
(4) Drivers’ permits issued hereunder shall continue to be valid from the date of issuance, unless the same has been revoked for any of the causes set forth. [Ord. 70 § 1, 1969; Ord. 68 § 13, 1969.]
5.15.140 Stands for taxicabs.
The Chief of Police may designate, in writing, subject to approval by the City Council, private stands upon public streets to be occupied by taxicabs. Before any designation of private stands is made, the written consent thereto must be obtained of the tenant of the ground floor fronting the space where such stand is to be located or, in the event the ground floor is not occupied, the written consent thereto of the owner of the building or land must be first obtained. Each private stand permit so issued shall specify the name and address of the permittee and the number of vehicles authorized thereunder, and it shall be unlawful for the owner or operator of any taxicab for hire other than the permittee to use the stand designated under such permit or to stop, stand or park his vehicle within 50 feet thereof, unless in a private stand designated and permitted as herein provided for the use of such vehicle, except when discharging or taking in passengers, and when such stand is occupied, no other vehicle shall loiter or wait nearby.
Open stands may be authorized and designated by action of the City Council to be open to any taxicab for which a certificate has been duly issued. Any stand, either private or open, authorized by any stand permit issued as herein provided may be revoked without cause and without notice and hearing thereon by the City Council and it shall be unlawful to occupy such stand after revocation. [Ord. 68 § 14, 1969.]
5.15.150 Public liability.
It shall be unlawful for any owner or operator to drive or operate a taxicab or limousine or cause the same to be driven or operated in the City of Rio Dell, and no license for the operation thereof shall be granted unless and until there is on file with the City Clerk and in full force and effect at all times while such taxicab is being operated a policy of insurance, approved by the City Attorney, with a solvent and responsible company authorized to do business in the State of California, insuring the owner and operator of such vehicle (such vehicle being designated by number and State license number) and the City of Rio Dell (as co-insured to the extent of any insurable interest, obligations or risk of said City) against loss by reason of injury or damage that may result to persons or property from the faulty or negligent operation or defective construction or condition of such vehicle or from any other cause or causes whatsoever. Said policy shall be limited to not less than $50,000 for the injury or death of one person and $100,000 for the injury or death of two or more persons in the same accident and $10,000 for injury or destruction of property. Said policy of insurance shall guarantee the payment to any and all persons suffering injury or damage to person or property of any final judgment rendered against such owner or driver, with the limits above mentioned, irrespective of the financial condition or any acts or omissions of such owner or driver, and shall inure to the benefit of such person, and to a widow, child or personal representative of a person killed while a passenger. Each policy shall contain a stipulation that any cancellation or revocation of such policy shall be without effect unless and until the City of Rio Dell is notified thereof in writing 30 days prior to the cancellation thereof. At any time, if such policy of insurance is cancelled by the company issuing the same, or the authority of the company to do business in the State of California shall cease, the owner shall replace such policy with another policy satisfactory to the City Attorney and in default thereof the owner’s certificate to operate shall be revoked. The failure of any owner to notify the City Clerk of any such cancellation or cessation shall constitute a violation of this chapter and subject such owner to the penalty herein provided for violation. [Ord. 68 § 15, 1969.]
5.15.160 Purpose, intent and limitation of effect of this chapter.
The full and sole purpose of this chapter is one of regulation for the public good and under no circumstances whatsoever shall any certificate of convenience and necessity, license or permit provided for herein and issued hereunder constitute or be deemed to be a property right or right of livelihood vested in the holder of any such certificate, permit or license.
If the owner or person, firm, corporation or association of persons to whom a certificate of convenience and necessity, license or permit has been issued under this chapter sells, leases, rents or transfers or attempts to sell, lease, rent or transfer any such certificate or license issued under this chapter except as provided in RDMC 5.15.060 such seller, lessor, renter or transferrer and any person knowingly attempting to receive such certificate, license, or permit or benefit in any such actual or attempted sale, lease, renting or transfer shall be deemed guilty of a misdemeanor and subject to all of the penalties provided for herein for violation of this chapter, including revocation and cancellation of the certificates, licenses or permits involved.
All or any part of this chapter may be repealed or amended in the manner provided for the adoption of ordinances of the City of Rio Dell, and any such repeal or amendment action taken shall not be subject to attack upon its validity or enjoinment in any court of law by the holder of any certificate of convenience and necessity, license or permit issued hereunder on the grounds that any such amendment or repeal constitutes infringement of any State or Federal Constitution right, powers, privileges or immunities whatsoever which might otherwise be deemed inherent in or to result from the issuance or possession of such certificate, permit or license.
The reservations and limitations of this section are hereby determined and declared to be essential to the public peace, health, safety and general welfare, and any applicant for or holder of any certificate, license or permit issued under this chapter consents and agrees to such limitation upon the character and/or meaning of certificate of convenience and necessity, permit and license as in this section set out. [Ord. 68 § 16, 1969.]
5.15.170 Penalty provisions.
In addition to the provisions of this chapter providing for revocation, suspension or change of certificates, licenses or permits, as the case may be, any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine of not more than $500.00 or by imprisonment in the County Jail of Humboldt County, for not more than six months, or by both such fine and imprisonment. [Ord. 68 § 17, 1969.]