Chapter 5.48 TAXICABS

A. No person shall engage in the business of a taxicab transportation service, as defined by Government Code Section 53075.5, without first obtaining a permit from the city for the operation of such business as well as a permit for each vehicle used in such business.

B. No person shall solicit any passenger(s) for hire in the city in a vehicle unless the vehicle has obtained a permit evidencing that it is authorized to operate as a taxicab transportation service within the city.

C. No person authorized to operate a taxicab transportation service in the city shall solicit or engage for hire any passenger picked up outside the city unless such taxi is currently regulated by the jurisdiction in which such passenger pickup is made.

Violation of this section shall result in the immediate suspension of the drivers permit until such time as such permit is either reinstated or revoked. (Ord. 945 § 1 (part), 1991: prior code § 5.64.010)

5.48.020 Application for permit.

An application for a permit shall be filed with the chief of police, accompanied by a processing fee in the amount of fifty dollars ($50.00) per vehicle, and shall contain the following information:

A. The name, date of birth, driver’s license number, business and residence address of the applicant, if a natural person; or, if a corporation, its name, date and place of incorporation, address of its principal officers, together with their respective residence addresses; or its names of the partners, or of the persons comprising such association or company, and the business and residence of each partner or person;

B. A description of each taxi or other vehicle proposed to be used by the applicant, together with engine identification numbers and state vehicle license numbers thereon;

C. The names, date of birth, addresses and driver’s license numbers of all taxicab operators employed by the applicant;

D. The driving record of each operator, current within the last two months;

E. All criminal convictions, including and which may have arisen by plea of nolo contendere, of the applicant, its principal officers, partners, and any taxicab operators employed by the applicant, shall be confirmed by a statement from the department of justice issued within the last two months;

F. Such other identification and information as the chief of police deems necessary to carry out the purposes of this chapter. (Ord. 945 § 1 (part), 1991: prior code § 5.64.020)

5.48.030 Renewal of permit.

Permits granted under this chapter shall be resubmitted for renewal consideration annually by applicant by payment of the application processing fee and submission of all information and materials as required in the original application. (Ord. 945 § 1 (part), 1991: prior code § 5.64.030)

5.48.040 Denial of permit.

The chief of police, or his authorized representative, may deny an application or renewal application for any of the following grounds:

A. The application does not comply with the provisions/requirements of this chapter;

B. The applicant or operator(s) is unfit to be trusted with the privileges granted by such permit, by reason of a conviction of a crime involving moral turpitude, intemperate habits or unacceptable record;

C. The applicant or operator(s) is a person under the age of eighteen (18) years.

The chief of police, or his authorized representative, shall notify the applicant of his intention to deny an application for a permit. Service of such notice shall be made personally by the United States mail. The notice shall include the reasons for denial. (Ord. 945 § 1 (part), 1991: prior code § 5.64.040)

5.48.050 Taximeter data.

The application for a permit to operate a taxicab business shall state the make and type of taximeter intended to be installed on each taxicab for which such application is made. At the time of the application each taximeter shall be accompanied by a certificate from the county department of weights and measures, issued within the last sixty (60) days, that such taximeter is accurate within the standards established by such department. (Ord. 945 § 1 (part), 1991: prior code § 5.64.040)

5.48.060 Vehicle safety check/smog certificate.

The application for each vehicle shall contain a certificate from an authorized factory repair facility for the make of vehicle and issued within the last sixty (60) days, that the lights, brakes, turn signals, horn, and steering are in safe condition. Each taxi shall also have a valid smog certificate which has been issued in the last sixty (60) days. (Ord. 945 § 1 (part), 1991: prior code § 5.64.050)

5.48.070 Issuance.

Upon receipt of the application for a taxicab transportation service permit for the operation of a taxicab business, the chief of police shall have a reasonable time to investigate the application background of the applicant. The chief of police shall grant the permit if he or she finds:

A. The application conforms in all respects with the provisions of this chapter;

B. The applicant and any officers of the applicant are of good moral character and are likely to provide taxicab services in a satisfactory manner. In making such determination, the chief of police shall consider whether any person:

1. Has previously provided satisfactory taxi services,

2. Has committed any act which, if committed by any permittee, would be grounds for the revocation of a permit issued pursuant to this chapter,

3. Has knowingly made a false statement of fact in such application;

C. The business location is in compliance with all applicable zoning ordinances of the city;

D. In the event of denial, the applicant shall be informed in writing of the reasons therefor;

E. All drivers are to provide picture identification. (Ord. 945 § 1 (part), 1991: prior code § 5.64.060)

5.48.080 Name, lettering and designs.

The name of the holder of the permit or the trade name under which he, she or it does business, shall be printed on the outside of each front door or on the rear door of every vehicle operated in the city, if approved by the chief of police. (Ord. 945 § 1 (part), 1991: prior code § 5.64.070)

5.48.090 Disqualification.

In the event any vehicle engaged in the taxicab transportation service for any reason, is disqualified under the terms and provisions of this chapter from operating as such, all such signs or equipment provided by this chapter, and any other device or insignia indication that such vehicle is qualified for operations as a vehicle for hire, including, but not limited to, cruising lights, shall be removed immediately from such vehicle, and any person failing to remove the same after disqualification shall be guilty of a misdemeanor. (Ord. 945 § 1 (part), 1991: prior code § 5.64.080)

5.48.100 Restitution.

The person or the employer of a person, responsible for any charge, other than that authorized by this chapter, shall be required to make restitution jointly and severally to any overcharged patron for the amount of the overcharge. (Ord. 945 § 1 (part), 1991: prior code § 5.64.090)

5.48.110 Solicitation of fares—Taxicab stands.

No driver shall solicit passengers for a taxicab except when seated in the driver’s compartment of such cab, or while standing immediately adjacent to the curbside thereof. No taxicab driver, or other person, shall solicit patronage in the terminal of any common carrier, or in the street within one hundred (100) feet of such terminal, or at any regular pickup point of any other common carrier without written permission from the person operating such terminal or from such common carrier. No fixed taxicab stands shall be allowed upon the streets of the city. (Ord. 945 § 1 (part), 1991: prior code § 5.64.100)

5.48.120 Transporting persons for purpose of prostitution.

It is unlawful for any driver of a taxicab knowingly to transport any passenger to the abode of a prostitute. or knowingly to transport any criminal, narcotic peddler, prostitute or bootlegger in the commission of a crime or infraction of the law in any manner, or act in any manner as a panderer for prostitutes or a contact for unlawful establishments of any character. (Ord. 945 § 1 (part), 1991: prior code § 5.64.110)

5.48.130 Taximeter operation.

No passenger shall be carried in any taxicab unless the taximeter is in operation. This provision shall apply regardless of whether a taxicab is engaged for a trip entirely within the boundaries of the city or partially outside thereof, and such meter shall be kept operating continuously during the entire time that it is engaged in the transportation of passengers, regardless of the point of destination. (Ord. 945 § 1 (part), 1991: prior code § 5.64.120)

5.48.140 Visibility.

A taximeter shall be placed in each taxicab so that the reading dial showing the amount to be charged shall be well lighted and readily discernible to the passenger riding in any such taxicab. (Ord. 945 § 1 (part), 1991: prior code § 5.64.130)

5.48.150 Flag operation.

No driver of a taxicab, while carrying passengers shall display the “flag” attached to the taximeter in such position as to denote that such vehicle is not employed, or fail to throw the “flag” of the taximeter to a position indicating the vehicle is unemployed at the termination of each and every service. (Ord. 945 § 1 (part), 1991: prior code § 5.64.150)

5.48.160 Charges to be registered.

All charges for taxicab service shall be calculated and indicated by taximeter, and at all times while the taxicab is engaged, the flag of the taximeter shall be thrown into a position to register the charges. No taximeter shall be so operated as to cause any charge to be registered thereon except during the time when the taxicab is engaged by a passenger or passengers. (Ord. 945 § 1 (part), 1991: prior code § 5.64.160)

5.48.170 Charges must be indicated.

All charges for transportation of passengers in taxicabs operated in the city must be indicated on the taximeter installed in the taxicabs, and it is unlawful for any owner or driver of any taxicab to charge any passenger or passengers any sum in excess of the sum indicated on the taximeter. (Ord. 945 § 1 (part), 1991: prior code § 5.64.170)

5.48.180 Rates to be displayed in vehicle.

Every taxicab shall have conspicuously displayed in full view of the passenger or passengers a card not less than two inches by four inches in size, which shall have stated thereon the name of the owner, or the fictitious firm name under which the owner operates, together with the business address and telephone number of the business, and the owner’s identifying number of such vehicle and also the rates of fare to be charged for the use of such vehicle. Any driver of a taxicab shall give the number of his or her vehicle on the inquiry of any person. (Ord. 945 § 1 (part), 1991: prior code § 5.64.180)

5.48.190 Operation of unsafe vehicle.

No taxicab or other vehicle for hire shall be operated within the city unless such vehicle is in a safe condition. Safe condition includes the requirement that lights, brakes, turn signals, horn, steering and all other systems be in good, safe and operable condition, together with safe and adequate condition of vehicle tires. Vehicles shall be regularly maintained and no gasoline, oil or other fluids shall be permitted to leak or drain from such vehicles. (Ord. 945 § 1 (part), 1991: prior code § 5.64.190)

5.48.200 Deduction for time while disabled.

In the event any taxicab or vehicle for hire shall, while under employment, become disabled, or break down without fault of the passenger, the time of stoppage shall be deducted from the charge made. (Ord. 945 § 1 (part), 1991: prior code § 5.64.190)

5.48.210 Top light indicating occupancy of taxicab required.

On top of every taxicab, there shall be an electric light sign or top light, which shall be illuminated when the taximeter flag is in “vacant” or non-earning position, so that persons desiring taxicab service may be informed of the availability of the taxicab for hire. (Ord. 945 § 1 (part), 1991: prior code § 5.64.210)

5.48.220 Proof of commercial insurance.

Before a permit shall be issued by the chief of police, the applicant shall deliver to the chief of police a policy of insurance executed by a company duly authorized under the laws of the state to engage in the insurance business. By the provisions of such policy, the insurance company shall promise and undertake to pay in full all claims for damages to persons or property resulting from the operation of the vehicles described in the application for such permit; provided, however, the minimum amounts for which liability shall be assumed shall be as follows:

A. For the injury or death of one person in any one accident: seven hundred fifty thousand dollars ($750,000.00);

B. For injury or death of more than one person in any accident: seven hundred fifty thousand dollars ($750,000.00);

C. For injury to, or destruction of, property in any one accident: seven hundred fifty thousand dollars ($750,000.00).

The operator of a taxicab transportation service shall provide to the city, in a form acceptable to the city attorney, an insurance certificate naming the city as an additional insured. Such certificate shall provide that the city shall be provided with a notice of cancellation or change of terms of the policy not less than thirty (30) days before such changes takes effect. (Ord. 945 § 1 (part), 1991: prior code § 5.64.220)

5.48.230 Overcharges.

Any charge made, or sought to be made, to any patron of a vehicle for hire in excess of the charges authorized by this chapter for a particular type of service rendered or sought, when shown either by confession of the party, or competent testimony, or failure on the part of any driver, or operator of any vehicle for hire to make proper returns to his employer, shall result in immediate suspension of the driver’s permit until such time as such permit is either reinstated or revoked. (Ord. 945 § 1 (part), 1991: prior code § 5.64.230)

5.48.240 Rates.

Pursuant to Government Code Section 53075.5(b) (2), the maximum rate which may be charged for taxicab service is one dollar and eighty-five cents ($1.85) for cab service plus two dollars ($2.00) per mile. Rates may hereafter be amended from time to time by resolution of the city council. (Ord. 945 § 1 (part), 1991: prior code § 5.64.240)

5.48.250 Service charges, fees or assessments for administration costs.

Pursuant to Government Code Section 53075.5(c), the city council may hereafter provide for service charges, fees, or assessments in an amount sufficient to pay for the cost of carrying out the provisions of this chapter by resolution of the city council. (Ord. 945 § 1 (part), 1991: prior code § 5.64.250)

5.48.260 Violations—Penalties.

The operation of a taxicab or other vehicle without a permit issued pursuant to the provisions of this chapter, or the violation of any other regulation of this chapter shall be a misdemeanor, punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000.00), or by both. (Ord. 945 § 1 (part), 1991: prior code § 5.64.260)