Chapter 5.32
TAXICABS AND VEHICLES FOR HIRE*
Sections:
5.32.030 Business owner’s permits.
5.32.060 Suspension of permits.
5.32.070 Revocation of permits.
5.32.080 Logs and trip sheets—Requirements.
5.32.090 Liability insurance requirements.
5.32.100 Registration and licensing requirements—Conspicuous posting in vehicles.
5.32.110 Vehicle color scheme and markings.
5.32.120 Equipment requirements.
5.32.130 Maintenance and inspection requirements.
5.32.150 Taximeter regulations.
5.32.160 Standards for driver conduct.
5.32.170 Operating regulations for services provided.
5.32.180 Taxicabs and vehicles for hire from other locations.
* Prior ordinance history: Ordinances 695, 699, 701, 86-004 and 86-008.
5.32.010 Definitions.
“City” means the city of San Pablo.
“Driver” means every individual who operates any taxicab or vehicle for hire as an employee of a business owner, independently owns the taxicab or vehicle for hire and operates under the auspices of such owner, or has independently contracted with such owner to operate the taxicab or vehicle for hire pursuant to a lease, license or any other form of agreement.
“Employee” includes self-employment as an independent driver.
“Motor vehicle” means every motor vehicle used for public hire propelled by mechanically produced power and intended for use on public streets and highways, except street cars, trains and motor busses.
“Business owner” means any entity engaged in the business of providing vehicles for the purpose of carrying passengers in a taxicab or other vehicle for hire, whether comprised of an individual, group of individuals, partnership, limited partnership, joint venture, corporation or any other organizational structure identified by name, phone number, central dispatch, color scheme, monogram, or insignia distinguishing itself from any other entity engaged in such business.
“Taxicab” means a motor vehicle, designed for carrying not more than eight passengers excluding the driver, of distinctive color or combinations of colors used in the transportation of passengers over the public streets of the city, operated at rates per mile, per destination or for a combination of any two of the foregoing rates, irrespective of whether or not the operations extend beyond the limits of the city, and which is made available for hire on call or demand, at taxi stands or by telephone.
“Taximeter” means any mechanical or electronic instrument, appliance, device or machine by which the charge for hire of a motor vehicle is mechanically calculated, either for distance traveled or time consumed, or both, and upon which instrument, appliance, device or machine such charge is indicated by figures.
“Vehicle for hire” means any motor or electric vehicle offered to the public for hire with the services of a driver, whether equipped with a taximeter, used for the transportation of passengers over the public streets of the city, irrespective of whether such operations extend beyond the boundary limits of the city, at rates per distance, trip, per hour, per day, per week, per month, and where transportation is under the control, as to route, of the persons hiring the same. “Vehicle for hire” shall not include a charter-party carrier of passengers within the meaning of the Passenger Charter-party Carriers’ Act, Chapter 8 (commencing with Section 5351) of Division 2 of the Public Utilities Code. “Vehicle for hire” includes taxicabs. (Ord. 2000-005 § 1 (part), 2000)
5.32.020 Annual permits required for business owners, drivers and vehicles—Fees, expiration and limitation on number of permits—Business license.
A. Annual Permits—Approval Required. No person, corporation, partnership, cooperative, business, fictitious name or dispatch center shall engage in the business of operating any kind of taxicab or vehicle for hire within the city, without a business owner’s permit, driver’s permit and vehicle permit issued by the city. Each permit shall be valid for one year, unless suspended or revoked, and must thereafter be renewed. Such permits shall not be assigned, sold or transferred to another business, owner, driver or vehicle.
B. Permit Fees. The city council shall set by resolution the fees required for obtaining business owner’s, driver’s and vehicle permits, including, but not limited to, fees for fingerprinting and vehicle inspections.
C. Business License. There shall be imposed on each business owner and driver a business license fee in an amount established by city council resolution. It is unlawful to operate, or allow to be operated, a taxicab or vehicle for hire without payment of such business license.
D. Annual Application, Renewal and Expiration. All permits shall be for a period not to exceed one calendar year. Unless otherwise provided by the chief of police, applications for all permits shall be submitted on or before November 1st of each year for the following calendar year and all permits shall expire on December 31st of each year. Permits may be renewed annually by application to the city. Current permit holders have priority for annual renewal.
E. Notice of Change of Address. Every person holding a permit issued under this chapter shall at all times keep the city notified of his or her current address. He or she shall notify the city in writing within ten days of any address change.
F. Limitations on Number of Permits.
1. The city council may set by resolution the maximum number of vehicles for hire to be operated in the city and the maximum number of vehicles for hire for which each business owner may seek vehicle permits.
2. Should the maximum number of taxicabs or vehicles for hire in the city be reached in any given year, the city shall create a waiting list for vehicles which shall receive permits when existing permits are revoked for any reason. Existing permit holders have priority in renewal and vehicles on the waiting list shall receive annual permits only after existing vehicle permit holders have been given an opportunity to renew. (Ord. 2000-005 § 1 (part), 2000)
5.32.030 Business owner’s permits.
A. Permit Applications. Any person or entity seeking to operate as a business owner shall apply in the matter set forth in this chapter. The application shall be in writing, signed by the business owner, and shall set forth all information required, including but not limited to the following:
1. Name and address of each business owner applying to operate taxicabs or other vehicles for hire;
2. Fictitious business name of the applicant, if any;
3. Mailing address and business telephone number of the applicant;
4. Name, address, age and driver’s license number of each employee who will be driving the owner’s vehicles;
5. Total number of vehicles to be operated in the city under the business owner’s permit, including the numbering of said vehicles; legal and registered ownership of each of the vehicles to be used by the applicant; and the manufacturer, model year, vehicle type, vehicle identification number (“VIN”) for each vehicle; license plate number; company identification number; passenger capacity and proof of commercial registration for each vehicle to be operated within the city; together with evidence satisfactory to the city that each taxicab or vehicle for hire proposed to be operated under the permit has been safety-inspected in accordance with the terms of this chapter, and otherwise complies in all respects with all applicable laws, rules and regulations;
6. Description of the color scheme, insignia, trade style and/or any other unique characteristics of the taxicab design and placement of city required markings and company markings;
7. The street address(es) from which the applicant conducts or will conduct the taxicab or vehicle for hire business; where dispatch will be conducted; and each location at which the business’s vehicles will be garaged;
8. Prior experience of the applicant in a taxicab or vehicle for hire business, including the details of any prior permit denial, revocation or suspension by any public agency of any type of operator’s or driver’s permit, license or certificate;
9. A certification that no driver employed or to be employed by the operator has been convicted of driving under the influence of alcohol or drugs in any state within five calendar years preceding the date of application;
10. A certification that drivers and dispatchers to be employed by the applicant are proficient in the English language and are able to communicate effectively with the public;
11. A copy of the business owner’s maintenance program, including preventative maintenance. The program must be in accordance with the vehicle manufacturer’s warranty specifications and any applicable state and federal laws;
12. Rates to be charged to the public throughout the term of the business owner’s permit;
13. Federal taxpayer identification or social security number of the applicant;
14. Satisfactory proof of insurance as provided in Section 5.32.090 of this chapter for each driver and vehicle to be operated in the city under the permit;
15. Satisfactory evidence establishing that the applicant has complied and currently complies with the provisions of California Government Code Section 53075.5 (b)(3), or any successor provision, pertaining to pre-employment and periodic testing of drivers for controlled substances and alcohol, and with provisions pertaining to payment for drug and alcohol testing programs and related reporting requirements. The applicant must also provide satisfactory evidence from a city approved lab that each driver who will operate a taxicab or vehicle for hire within the city has tested negative for drugs and alcohol as required by Section 53075.5;
16. Unless otherwise provided by law, evidence that the applicant has procured worker’s compensation insurance covering all drivers to be employed by the applicant;
17. An explanation of how the taxicab service or vehicle for hire will provide service to people with disabilities that make it difficult to use conventional taxicab sedans;
18. A public convenience and necessity proposal containing the following information:
a. A demonstration of the need for additional vehicle for hire or taxicab service in the city, and
b. The history of the organization and the manner in which it is organized, including, without limitation, the date of formation, the business commencement date(s), and all business locations in California during the five calendar years preceding the year of application;
19. Submission of Department of Motor Vehicles (DMV) Pull Notice Program Requestor Code Number, as defined in Vehicle Code Section 1808.1, issued to the applicant. As a condition of accepting a business owner’s permit, the business owner is required to notify the city immediately if it receives a DMV Pull Notice on one of its drivers that would affect that person’s driver’s permit. In the event a driver’s DMV record indicates that a driver no longer qualifies for a driver’s permit, the business owner must require the driver to surrender the driver’s permit to the chief of police. DMV Pull Notice records must be made available for review by the city upon request;
20. Submission of records of any convictions in any court of any state of the United States or in any United States court with respect to any business owner or driver identified in the business owner’s permit application; including any such convictions following a plea of no contest or nolo contendere. The city council specifically authorizes the chief of police or designee to receive state and local summary criminal history information in fulfilling his licensing duties under this chapter;
21. Satisfactory proof that the business will be operated in compliance with all provisions of this chapter;
22. Any additional information pertinent to the operation of the proposed taxicab or vehicle for hire service that the city may require.
B. Disposition of Business Owner’s Application—Conditions.
1. Such business owner’s permit shall be granted unless:
a. The applicant fails to submit a complete application; or
b. The applicant makes any omission, untrue statement or material misrepresentation in the application, or provides fraudulent documentation with the application; or
c. The applicant has violated this chapter more than three times within the last three years; or
d. The public convenience is not served; or
e. The applicant is not morally or financially responsible; or
f. Any vehicle proposed to be operated lacks the required equipment, is improperly licensed or unsafe; or
g. There is an absence of satisfactory proof that the taxicab business owner will comply with the provisions of this chapter; or
h. Additional taxicab service or vehicle for hire will have a detrimental effect on traffic and parking within the city, or will otherwise be contrary to the public welfare; or
i. The applicant has been convicted of any felony offense, or of any misdemeanor offense involving moral turpitude, theft or fraud, including any such convictions following a plea of no contest or nolo contendere, taking into consideration the nature of the conviction, the age of the applicant at the time of the conviction, any evidence of rehabilitation, and the relationship of the conviction to the propriety of the applicant operating a vehicle for hire; or
j. The applicant’s proposed schedule of rates conflicts with those set by resolution by the city council, or are otherwise unjust, unreasonable, discriminatory or preferential; or
k. The applicant has not otherwise complied with this chapter.
2. The issuance of a business owner’s permit is conditional upon such owner ensuring that each vehicle for hire operated by such business owner has a vehicle permit issued by the city, and each driver of such vehicle for hire has a driver’s permit issued by the city, within the limits and in the manner set forth in this chapter.
3. The business owner shall notify the city immediately upon termination of employment of an employee hired to operate a taxicab or vehicle for hire in the city. (Ord. 2000-005 § 1 (part), 2000)
5.32.040 Vehicle permits.
A. Permit Application. No vehicle for hire shall operate in the city without a vehicle permit from the city as set forth in this chapter. The application shall be in writing, signed by the owner, and shall set forth all information required including, but not limited to the following:
1. A copy of the state vehicle registration under owner’s name, license plate number and corresponding vehicle identification number of each vehicle to be operated in the city;
2. Make, model or type, year of manufacture and passenger-seating capacity of each motor vehicle for which such application is made;
3. Taximeter with current weights and measures seal intact to be installed in each taxicab for which application is made;
4. Valid inspection certificate issued by the county of Contra Costa, Division of Weights and Measures which certificate shall state the name and model number of the taximeter and the vehicle number for which it is assigned;
5. Valid “certificate of safety” vehicle inspection certificate from the city or a city-approved vehicle inspection station for each vehicle to be operated in the city as required in Section 5.32.130 of this chapter;
6. Certificates of insurance from the insurance carrier verifying the coverage required in Section 5.32.090 of this chapter for each vehicle to be operated in the city;
7. Final inspection of each vehicle by the city to ensure that the vehicle has met all the requirements of this chapter;
8. Satisfactory proof that the business will be operated in compliance with all provisions of this chapter.
B. Disposition of Vehicle Permit—Conditions.
1. Such vehicle permit shall be granted unless:
a. The applicant fails to submit a complete application; or
b. The applicant makes any omission, untrue or material misstatement or provides fraudulent documentation with the application; or
c. The applicant has violated this chapter more than three times within the last three years; or
d. There is an absence of satisfactory proof of compliance with the provisions of this chapter.
2. The issuance of a vehicle permit is conditional upon the business owner ensuring that each such taxicab or vehicle for hire is operated by a business owner who has obtained a business owner’s permit and any driver of such vehicle for hire has been issued a driver’s permit within the limits and in the manner set forth in this chapter. (Ord. 2000-005 § 1 (part), 2000)
5.32.050 Driver’s permits.
A. Permit Application. Any person seeking to operate a vehicle for hire as a driver shall apply for a permit in the manner set forth herein. No person under the age of twenty-one years shall be issued a driver’s permit. The application shall be in writing, signed by the driver, and shall set forth all the information required in the permit application form including, but not limited to, the following:
1. Name, age and address of the applicant;
2. Any convictions in any court of any state of the United States or in any United States court, including any conviction following a plea of no contest or nolo contendere. The city council specifically authorizes the chief of police or designee to receive state and local summary criminal history information in fulfilling his licensing duties under this chapter;
3. His/her past experience in operating a motor vehicle;
4. Applicant’s current California Class C driver’s license number and a photocopy of that license; including any endorsement pursuant to Vehicle Code Sections 15275 and 15278 to operate a commercial motor vehicle;
5. Name and address of all employers during the five calendar years preceding the application;
6. The disclosure of whether any state driver’s license, taxi driver’s permit, or commercial or chauffeur’s driver’s license, issued by the state of California or any state or governmental agency, held by the applicant has ever been revoked or suspended;
7. Name and address of the business owner by whom he or she is employed as a driver, or for whom he or she intends to operate a taxicab;
8. Current certificate (within the previous six months) of negative test for drugs and alcohol from a city-approved lab, as required by Government Code § 53075.5 as amended;
9. Two photographs of the driver (size one and one-half inch by one and one-half inch) taken by the city, one to be filed with the application and one to be permanently attached to the driver’s permit when issued;
10. State Department of Motor Vehicles driving record report;
11. A list of all jurisdictions in which the applicant is permitted to operate a vehicle for hire, including the identification number and expiration date of each permit;
12. Satisfactory proof that the insurance required by Section 5.32.090 of this chapter covers the driver when operating the taxicab or vehicle for hire;
13. Assent to fingerprinting by the city’s police department;
14. Any other information the city may require which is reasonably related to the application for the driver’s permit.
B. Disposition of Driver’s Permit—Conditions.
1. Such driver’s permit shall be granted unless:
a. The applicant fails to submit a complete application; or
b. The applicant makes any omission, untrue or material misstatement or provides fraudulent documentation with the application; or
c. Department of Motor Vehicle records of any state of the United States that indicate the department has taken administrative action which resulted in actual suspension or revocation of the applicant’s driver’s license, unless such suspension or revocation was based on a nondriving related matter; or
d. The applicant has violated this chapter three or more times within the last three years; or
e. There is an absence of satisfactory proof that the vehicle for hire will be operated in compliance with the provisions of this chapter; or
f. The applicant has failed to maintain a valid California driver’s license; or
g. The applicant has been convicted of any felony offense, or of any misdemeanor offense involving moral turpitude, theft or fraud, including any such convictions following a plea of no contest or nolo contendere, taking into consideration the nature of the conviction, the age of the applicant at the time of the conviction, any evidence of rehabilitation, and the relationship of the conviction to the propriety of the applicant operating a vehicle for hire.
2. The issuance of a driver’s permit is conditional upon the driver ensuring that he or she will only operate a vehicle which has received a valid vehicle permit for a business owner who has received a valid business owner’s permit.
3. The driver’s permit shall become void upon termination of such driver’s employment driving a vehicle for hire, including termination of self-employment as an independent driver, and the driver immediately shall return his or her permit to the city upon such termination of employment.
4. The issuance of a driver’s permit is conditioned upon the driver complying with the mandatory controlled substance and alcohol testing and program certification set forth in Government Code Section 53075.5.
C. Temporary Permit. The chief of police may, in his or her discretion, grant a temporary permit to drive or operate any taxicab or vehicle for hire pending final action on any application for a permanent driver’s permit, but no such temporary permit may be issued to any person who does not have a valid, unrestricted driver’s license issued by the state of California. (Ord. 2000-005 § 1 (part), 2000)
5.32.060 Suspension of permits.
The chief of police may, following twenty-four hours notice, suspend any business owner’s, driver’s permit, or vehicle permit if a taxicab or vehicle for hire is operating without required insurance or registration, or is being operated by an unlicensed or unpermitted driver; when a fact exists which would have been a ground for refusal to issue the permit; when there has been a violation of any of the terms of this chapter; or where there is damage to, or mechanical malfunction of, a vehicle for hire such that it cannot be operated safely. Such permit suspension shall be lifted upon a showing that the violations have been corrected. If no such showing has been made within a reasonable time, depending on the type of violation, the city may issue a notice of revocation and proceed as set forth in this chapter. It is unlawful for the permittee to exercise any of the rights granted under this chapter during the time that the permit is suspended; provided that, the notice of suspension contains facts supporting a finding that the continued operation of the business, the continued operation of a taxicab vehicle, or possession of a driver’s permit represents an unsafe condition for the public, and the chief of police so concludes. (Ord. 2000-005 § 1 (part), 2000)
5.32.070 Revocation of permits.
A. Generally. Any permit issued by the city under this chapter may be revoked by the chief of police for any of the following reasons including but not limited to the following:
1. The existence of any fact which, at the time of application, would have caused the chief of police to deny the application, whether or not such fact existed at the time of the application or occurred thereafter;
2. Any violation of laws relating to the operation of a motor vehicle including but not limited to reckless driving, driving under the influence of alcohol or controlled substances, or other violations indicating that a driver is not competent to operate a vehicle for hire;
3. A motor vehicle accident resulting in injuries to persons or property caused by the culpable act or omission of the driver or business owner;
4. Failure to pay any judgment for damages arising out of the unlawful or negligent operation of any vehicle for hire;
5. Failure to maintain insurance as required by this chapter;
6. Failure to maintain a vehicle for hire in a safe and sanitary condition such that the vehicle could pass, at any time throughout the permit period, the inspection required for the issuance of a vehicle permit;
7. Any violation of this chapter.
B. Appeal of Notice of Revocation or Suspension.
1. The permit holder shall be entitled to appeal the city’s decision to revoke or suspend his or her permit by filing a written notice of appeal with the city clerk within ten days from the date the notice of revocation is mailed. The appeal shall set forth the reasons why such action is not proper. Failure to set forth specific reasons why the action is improper, or to timely file such appeal, shall constitute a waiver of the tight to appeal, and the proposed adverse action shall become final.
2. If the permit holder files a timely request for appeal, a hearing shall be held with at least ten days written notice of the hearing date, time and location to the appellant. The hearing shall be conducted by the city council.
3. The appellant shall be entitled to present evidence and testimony in this hearing and the city council’s decision shall be final.
4. Pending the appeal hearing it shall be lawful for the permit holder to operate his or her business or operate a vehicle for hire unless the permit at issue has been suspended, with a finding by the chief of police that continued operation represents an unsafe condition for the public. If the notice of revocation is affirmed on appeal, the permit at issue immediately shall be revoked and surrendered to the city.
5. Any business owner or driver whose permit has been revoked shall not be eligible to apply for another permit for one year after the effective date of revocation.
6. The city council may establish by resolution a fee for such appeals. (Ord. 2000-005 § 1 (part), 2000)
5.32.080 Logs and trip sheets—Requirements.
A. Both taxicab drivers and dispatchers shall keep a contemporaneous log or trip sheet of each and every taxicab service rendered which shall include the following information:
1. The identity of the taxicab driver and dispatcher for the taxicab service rendered;
2. The location where the passenger(s) entered the vehicle;
3. The time of entry of the passenger(s) at that location;
4. The number of passenger(s) entering the cab;
5. The time at which the passenger(s) were delivered to their final destination;
6. The precise location of the final destination of the passenger(s);
7. The time and location of any stops made by the passenger(s) between initial pick-up and final drop-off and collection of fare;
8. The amount of fare collected from the passenger(s);
9. The major street routes the driver took to arrive at the passenger(s)’s destination.
B. The owner of every such taxicab shall require that the logs or trip sheets be completed by the driver and dispatcher contemporaneously with each taxicab service rendered and filed at the end of each shift of such taxicab driver and dispatch operator. The owner of every such taxicab shall keep the logs and trip sheets on file in his or her office for a period of six months, and shall make the same at all times convenient to be open to examination by an authorized representative of the chief of police or other authorized city official. The falsifying of any trip sheet by an owner, taxicab driver, or dispatch operator shall be grounds for the revocation of the driver’s permit and taxicab owner’s business permit. (Ord. 2000-005 § 1 (part), 2000)
5.32.090 Liability insurance requirements.
In order to obtain a business owner’s permit from the city, the applicant must demonstrate that it maintains at its sole expense liability insurance meeting the following requirements:
A. Separate commercial automobile liability insurance for each vehicle proposed to be operated within the city pursuant to the business owner’s permit, with at least the following limits of liability:
1. Primary bodily injury with limits of at least two hundred fifty thousand dollars per person and one million dollars per occurrence; and primary property damage of at least one hundred thousand dollars per occurrence; or
2. Combined single limits of one million dollars per occurrence.
B. Unless otherwise provided by law, evidence that the applicant has procured workers compensation insurance covering all drivers to be employed by the applicant;
C. Required insurance must be issued by companies admitted to do business in California, rated “B+” or better in the most recent edition of Best’s Key Rating Guide, and of a financial category Class VII or better.
D. The city, the city council, and each present and former member of the city council, city boards and commissions, and every officer, agent, official, employee and volunteer of the city (collectively, “city entities”) must be named as additional insureds under the automobile liability policy.
E. Each policy of required insurance must contain a provision that no termination, cancellation or change of coverage can be made without thirty days’ notice to the city.
F. The applicant must provide certificates of insurance and/or endorsements to the chief of police prior to issuance of a permit. (Ord. 2000-005 § 1 (part), 2000)
5.32.095 Indemnification.
As a condition of receiving a business owner’s permit, the applicant will be required to execute a statement agreeing to indemnify, defend and hold harmless the city, its employees and officials from and against any and all liability, expenses, including defense costs and legal fees, and claims for damages whatsoever, including, but not limited to, those arising from bodily injury, death, personal injury, property damage, loss of use, or property loss, however the same may be caused and regardless of the responsibility for negligence. The obligation to indemnify, defend and hold harmless will include, but not be limited to, any liability or expense, including defense costs and legal fees, arising from the negligent acts or omissions, or willful misconduct of the applicant, its officers, employees, agents, joint venturers, subcontractors or vendors. The applicant’s obligations to indemnify, defend and hold harmless will apply even in the event of concurrent negligence on the part of the city, its employees and officials, except for liability resulting solely from the negligence or willful misconduct of the city employees or officials. Payment by city will not be a condition precedent to enforcement of this indemnity. In the event of a dispute between the applicant and the city as to whether liability arises from the sole negligence of the city employees or officials, the applicant will be obligated to pay for the city employees and officials’ defense until a final judgment has been entered adjudicating the city employees or officials as solely negligent. In the event a final judgment is entered adjudicating the city employees or officials as solely negligent, the applicant will not be entitled to a reimbursement of any defense costs, including but not limited to, attorney’s fees, expert fees and costs of litigation. This indemnity will apply regardless of whether the city approved a business owner’s, vehicle or driver’s permit or whether the city inspected or approved any vehicle used in conjunction with a permit. (Ord. 2000-005 § 1 (part), 2000)
5.32.100 Registration and licensing requirements—Conspicuous posting in vehicles.
A. Driver’s License Requirements. All drivers shall carry their license to operate a motor vehicle in the state of California at all times while operating a vehicle for hire in the city.
B. Vehicles—Licensing and Registration Requirements. All vehicles for hire within the city shall carry the State Department of Motor Vehicles registration in the vehicle at all times and all such vehicles for hire shall be registered in the name of the taxicab business owner or the driver to whom a permit has been issued.
C. Vehicle Permit Affixed to Vehicle. Every vehicle for hire authorized to operate under this chapter shall have attached to the left rear window a current vehicle permit issued by the city in accordance with the provisions of this chapter and all expired permits will be removed.
D. Owner’s Identification and Rates to be Displayed in Vehicle. Every vehicle for hire 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 business owner, together with the business address and telephone number of the business, and the identifying number of such vehicle, and also the rates of fare to be charged for the use of such vehicle. Rates of fare are also to be conspicuously displayed in both the front and rear of the interior of the vehicle for hire.
E. Driver’s Permit—Required Posting. The driver’s permit shall be posted in full view of the passenger at all times while said driver is operating the vehicle. Every driver’s permit shall show the photograph of the driver, driver’s permit number, name of the business owner by which the driver is employed, if any, a telephone number of the business. (Ord. 2000-005 § 1 (part), 2000)
5.32.110 Vehicle color scheme and markings.
A. Color Scheme—Approval.
1. A unique and characteristic color scheme approved by the chief of police shall be used by each business owner operating vehicles for hire in the city to distinguish all of the vehicles for hire such owner operates. Such color scheme shall not be used by any other business owner.
2. No change whatever in the color scheme or distinguishing characteristics of any vehicle for hire shall be made without the written permission of the city.
B. Vehicle Markings. It is unlawful to operate a taxicab or vehicle for hire within the city which does not have printed or placed upon both rear doors of the vehicle and on the rear deck of such vehicle for hire the name and telephone number of the business owner. All such lettering shall be in letters not less than two inches in height and not less than five-sixteenths inches in stroke. In addition, the dome light markings shall read the same as the business owner’s name or fictitious name written upon the rear doors and rear of the vehicle or only shall read “Taxi.” In addition, every vehicle for hire shall have printed or placed upon the exterior in conspicuous letters of the same color not less than three and one-half inches in height and not less than one-half inch stroke, of a color in contrast of the color of the vehicle for hire, the number of such vehicle for hire, which numbering shall be printed or placed in the following locations:
1. On each side of the vehicle on the leading edge of the from door;
2. On the rear of the trunk.
In addition, the taxicabs of each owner holding a permit under this chapter shall be numbered from number one to a number corresponding with the total number of taxicabs for which such permit has been issued. Such a taxicab number shall be given to the city in writing at the time of the making of the application for a permit under Section 5.32.030, and must be approved by the chief of police. (Ord. 2000-005 § 1 (part), 2000)
5.32.120 Equipment requirements.
A. Every taxicab and vehicle for hire authorized by city permit must fulfill the following equipment requirements by possessing:
1. A trunk device which will permit the opening of the trunk lid from the inside of the trunk;
2. A permanent fixture to display the taxicab or vehicle for hire driver’s permit in prominent view of the passengers;
3. A prominent sign within the passenger area of each taxicab or vehicle for hire informing passengers to call the city’s police department at (510) 215-3130, with comments or complaints about the service provided;
4. No fewer than four working doors, except that a handicapped accessible mini-van may be used;
5. A fire extinguisher;
6. Four flares;
7. At least two emergency reflectors;
8. Spare tire and jack;
9. Windows which patrons can open from the inside; and
10. Working headlights, taillights, turn-signals, back-up lights, and brake lights, including the “cyclops” or third brake light, if the car has been manufactured in 1988 or later;
11. A light of not less than two candlepower within such vehicle, so arranged as to illuminate the entire passenger compartment. The light shall be kept constantly lighted at all times while any passengers are being loaded into or unloaded from any such vehicle from one-half hour after sunset of any day until one-half hour before sunrise of the next day, and no shades or blinds shall be drawn over the windows of any such vehicle while the same is occupied;
12. Safety belts in good working order for use of passengers.
B. Taxicab Equipment. In addition to the equipment requirements set forth in subsection A of this section, every taxicab into which passengers are accepted for transportation within the city must have the following equipment:
1. A taximeter, as defined in Section 5.32.010 of this chapter;
2. A two-way radio and a mobile display terminal capable of communication with a dispatcher.
C. Prohibited Equipment. No vehicle for hire or taxicab may be equipped with a scanner or other device that can be used to intercept radio signals and dispatches sent to specific destinations.
D. Equipment Waiver Conditions. Notwithstanding the provisions of this chapter, the chief of police may waive any equipment requirement upon a showing of good cause by any applicant or permittee. Each waiver must be specified on the permittee’s permit and any applicable vehicle permit.
E. Operation When in Unsafe or Unsanitary Condition Prohibited. It is unlawful for any business owner, permittee or driver to operate any vehicle for hire or taxicab while the same or any of the equipment used thereon or therewith is in a defective, unsafe or unsanitary condition. (Ord. 2000-005 § 1 (part), 2000)
5.32.130 Maintenance and inspection requirements.
A. Requirements for Inspection of Taxicabs and Vehicles for Hire.
1. Before a vehicle permit is issued to a business owner, each vehicle for which a vehicle permit is requested shall be inspected by the city or shall be delivered to a city-approved vehicle inspection station for inspection of such vehicle and its equipment to ascertain whether such vehicle and equipment comply with the provisions of this chapter. The city shall provide to the business owner a list of approved vehicle inspection stations. Any vehicle which is found after such inspection to be unsafe or in any way unsuitable for service will not be issued a vehicle permit and immediately may be ordered out of service. Before a vehicle permit is issued, or the vehicle is again placed in service, it shall be placed in a safe and sanitary condition, inspected, and a completed “certificate of safety” inspection certificate shall be filed with the city. Before a vehicle permit is issued, or the vehicle is again placed in service, the inspecting garage shall also issue an official smog certificate for each vehicle inspected to accompany the “certificate of safety” inspection certificate. The interior and exterior of any vehicle shall be clean and well maintained as determined by the city and meet California Vehicle Code requirements and the requirements of this chapter at all times when in operation.
2. To insure continued maintenance of safe operating conditions, each vehicle to be operated and its equipment shall be reinspected upon annual renewal of the vehicle permit by the city or at a city-approved garage as provided on the city’s list of approved vehicle inspection stations. The city or garage shall, after such annual inspection, issue a “certificate of safety” inspection certificate stating that the vehicle and its equipment comply with the safety requirements of this chapter. The inspecting garage shall issue an official smog certificate for each vehicle inspected to accompany the “certificate of safety” inspection certificate. The owner of taxicabs shall also annually take the taxicabs to the county of Contra Costa, Division of Weights and Measures, for recertification of the taximeters. The cost of the inspections shall be paid by the owner of the vehicles.
3. Authority of City to Inspect Taxicabs and Vehicles for Hire. Any city official charged by the chief of police with the authority to enforce this chapter shall have the right, after displaying the proper identification, to enter into or upon any permitted taxicab or vehicle for hire in the city for the purpose of ascertaining whether or not any of the provisions of this chapter are being violated. The last inspection form, a current commercial vehicle registration, a copy of the current Division of Weights and Measures certificate certifying the taximeter, and a copy of the current insurance policy shall be carried in the vehicle at all times and shall be made readily available to the city representative in the course of the inspection. The scope of this inspection is limited to determining compliance with the requirements of this chapter and may be done without notice, warrant, or individualized suspicion of wrongdoing. (Ord. 2000-005 § 1 (part), 2000)
5.32.140 Rates.
The city council may set by resolution the maximum rates to be charged per flag drop, per mile and per minute of waiting time or traffic delay time. In the event such a resolution is adopted, it is unlawful for the taxicab business owner or driver to fix or charge or collect or receive a rate in excess of the rates established and set by resolution of the city council. Any charge or rate in excess of the rate set by resolution of the city council shall be cause for revocation of such business owner’s permit. (Ord. 2000-005 § 1 (part), 2000)
5.32.150 Taximeter regulations.
A. Charges, Location and Posting Required. No taxicab may be operated in the city unless such taxicab be equipped with a taximeter in good operating condition. No fare higher than what is recorded on the taximeter shall be charged. Every taximeter shall be installed at the center of the dashboard or console of the taxicab. The reading face of the taximeter shall at all times be well lighted and distinctly readable to the passengers within the taxicab. At the time of permitting, the business owner shall provide a valid taximeter inspection certificate issued by the county of Contra Costa Division of Weights and Measures. The certificate shall state the name and model number of the meter and the vehicle number for which it is assigned and shall be current at all times.
B. Manual and Electronic Flag Use Restrictions. No driver of a taxicab while carrying passengers shall display a manual flag or electronic flag attached to the taximeter or taxicab in such a position as to denote that such vehicle is not employed, or throw the manual flag or start the electronic flag of the taximeter in a recording position when such vehicle is not actually employed, or fail to start operation of the taximeter at the beginning of an exclusive or shared ride trip, or fail to stop the operation of the taximeter at the termination of each and every service.
C. Charges—To be as Indicated on Taximeter. All exclusive and shared and shared ride charges for transportation of passengers in taxicabs operated in the city must be as indicated on the taximeter installed in said taxicabs.
D. Charges—Deduction for Time Vehicle is Disabled. In the event any vehicle for hire shall become disabled or break down without fault of the passenger, there shall be no charge to the passenger for the waiting time caused by the delay.
E. Charges—Receipt for Payment Provided When Requested. Every driver shall, if requested, give a correct receipt upon payment of the correct fare.
F. Taximeter—Manipulation Prohibited. It is unlawful to manipulate or cause to be manipulated the taximeter so as to cause a registration to be made of more time or greater distance than the correct amount of time and distance for the particular trip. (Ord. 2000-005 § 1 (part), 2000)
5.32.160 Standards for driver conduct.
A. Misrepresentation in Solicitation of Fares Prohibited. It is unlawful for the driver of any taxicab or vehicle for hire to solicit fares by misrepresenting in any manner the identify of the owner of the vehicle for hire or business owner, and it is unlawful to misrepresent the location of, travel time or distance to any destination.
B. Interference with Passengers Seeking Transportation. It is unlawful for the driver of any taxicab or vehicle for hire to interfere in any manner with any person who is negotiating for, inquiring about transportation in, or employing a vehicle for hire.
C. Unlawful Obstruction of Public Right-of-way and Provision of Assistance to Passengers. It is unlawful for the driver of any taxicab or any vehicle for hire at any time or place when waiting for or engaged in his or her employment, to obstruct any street or sidewalk. The driver of any taxicab or vehicle for hire shall remain on or beside his vehicle at all times when such vehicle is standing upon the public streets of the city. The driver of any taxicab or vehicle for hire shall offer to provide assistance and, if requested, shall provide reasonable assistance to each passenger in entering and leaving the taxicab unless the passenger indicates otherwise.
D. Lost Property—Report and Record Keeping Required. All property of value found by drivers or business owners in the vehicles for hire operated by said business owners or drivers, or delivered to them by any person who has found such property, shall be reported to the police department within forty-eight hours, unless such property shall have been claimed by and returned to the rightful owner within that time. Every business owner shall keep a record of all such property, whether returned to the owner of the property or not, for thirty days.
E. Denial of Service. It is unlawful for a driver or business owner to refuse a prospective fare based on the distance of the route for which the service is requested (except where that distance exceeds a total of fifty miles beyond the city limits of the city of San Pablo), or to take any action to actively discourage a prospective fare solely on the basis of race, creed, color, age, sex, sexual orientation, national origin, or physical disability, including use of service animals.
F. State Mandated Drug and Alcohol Testing. Pursuant to the provisions of California Government Code Section 53075.5, each and every driver authorized to operate a taxicab or vehicle for hire in the city shall submit proof of negative testing for controlled substances and alcohol to the city as required by state law, as provided elsewhere in this chapter. (Ord. 2000-005 § 1 (part), 2000)
5.32.170 Operating regulations for services provided.
A. Types of Service to be Provided. A vehicle for hire is authorized to provide the following types of service:
1. Exclusive ride, which shall mean exclusive use of a taxicab by one or more passengers at a time;
2. Shared ride, which shall mean nonexclusive use of a taxicab by two or more unrelated passengers, traveling between different points of origin and/or destination and traveling in the same general direction.
B. Flag Loads Permitted When. Flag loads, meaning passengers soliciting a vehicle for hire at random points on the street, may be picked up at any location within the city except when it is apparent that the prospective fare has already phoned for a vehicle for hire operated by another person or firm and is waiting for such vehicle for hire to arrive.
C. Solicitation of Fares Permitted at Certain Locations. Solicitation of fares is permitted when located at areas as may be declared open to solicitation by all properly permitted business owners or drivers. No driver of any vehicle for hire shall seek employment by repeatedly driving his or her vehicle to and fro in a short space in front of, or by otherwise interfering with, the proper and orderly access to or egress from any theater, hall, hotel, railway or other place or public gathering; or by leaving his or her vehicle or otherwise approaching and soliciting patronage by any pedestrian upon the sidewalk, in any theater, hall, hotel, railway or street railway loading point.
D. Passengers not to Ride with Driver—Exceptions. All persons other than the driver shall ride in the passenger compartment of the vehicle for hire, except passengers who are physically disabled, are unable to get into the passenger compartment, or have extreme difficulty in doing so, and except where there are more passengers than can be accommodated in such compartment or where it is necessary to have someone seated with the driver in connection with the normal operation of the vehicle for hire.
E. Driver to Use Direct Route. The driver of a taxicab or vehicle for hire employed to carry passengers to a definite point shall take the most direct route possible that will carry the passengers safely, lawfully and expeditiously to said destination.
F. Light Baggage to be Conveyed in Motor Vehicle Without Charge. Persons engaging a vehicle for hire shall be entitled to have such valises, small hand baggage, or wheel chairs as can be conveniently carried within the vehicle loaded, conveyed and unloaded without charge.
G. Daily Operation Required. Every business owner approved to operate under the provisions of this chapter shall regularly and daily operate his or her business to the extent reasonably necessary to meet the public demand for service. Upon abandonment of such business for a period of thirty consecutive days by such business owner, approval to operate under this chapter may be revoked.
H. Smoking Prohibited. Smoking shall be prohibited in taxicabs and vehicles for hire. The driver of said vehicle shall promptly direct any passenger smoking in a taxicab or vehicle for hire to promptly and safely extinguish any cigarette or other smoking device. The refusal of any passenger to extinguish a cigarette or other smoking device shall constitute sufficient reason for the driver to immediately suspend service to the passenger.
I. Maintenance and Use of Seatbelts. Every owner or driver of a taxicab operated on a highway shall maintain safety belts in good working order for the use of the occupants of the vehicle. The driver of a taxicab shall not operate the taxicab unless passengers four years of age or over and weighing forty pounds or more, in the front seat, are properly restrained by a safety belt. The driver of a taxicab shall require all passengers sixteen years of age or over to be properly restrained by a safety belt when the taxicab is being driven on a public highway. (Ord. 2000-005 § 1 (part), 2000)
5.32.180 Taxicabs and vehicles for hire from other locations.
Taxicabs and vehicles for hire which are not permitted in the city and whose place of business is not in the city, may bring passengers into the city but may not solicit any passenger in the city for any destination, within or outside of the city. (Ord. 2000-005 § 1 (part), 2000)
5.32.190 Impoundment.
A. Any police officer is considered a transportation inspector under this chapter and is authorized to cite any person for operating as a taxicab without a valid taxicab permit required by this chapter. Such transportation inspector may impound and retain possession of any vehicle used in violation of this chapter.
B. 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. 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 the criminal case, the city may deal with the vehicle as lost or abandoned property under Section 1411 of the Penal Code.
C. No vehicle shall be impounded if it is owned or operated by a nonprofit organization exempt from taxation pursuant to Section 501 (c)(3) of the Internal Revenue Code, which serves the youth or senior citizens and provides transportation incidental to its programs or services.
D. This section is authorized by the provisions of Government Code Section 53075.61, as it may be amended from time to time. (Ord. 2000-005 § 1 (part), 2000)
5.32.200 Disclaimers.
By providing for the regulation of taxicabs, vehicles for hire and drivers in the manner provided for in this chapter, the city is only protecting the general welfare. It is not assuming, nor is it imposing, on the city, or its officers and employees, an obligation for which there may be liability and money damages to any person who claims that such breach proximately caused injury. (Ord. 2000-005 § 1 (part), 2000)
5.32.210 Violation—Penalty.
It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this chapter. Any person violating any provision of this chapter shall be deemed guilty of an infraction as provided in Section 1.08.010 of this code. (Ord. 2000-005 § 1 (part), 2000)