Taxicab. A motor-propelled vehicle used for the transportation of passengers for compensation fixed by a taximeter in accordance with the distance traveled or the time elapsed, and not operated over a fixed route.

Taximeter. A mechanical instrument or device by which the charge for the hire of a passenger-carrying motor-propelled vehicle is mechanically registered, calculated or indicated by means of figures in accordance with the distance traveled or the time elapsed. (Ord. No. 965, § 1.)

33.2 Identification.

Each taxicab operated in the city shall bear the following identification: The owner’s trade name, monogram or insignia, together with a cab number and the owner’s telephone number, shall be painted upon the metal portion of the outside of at least one door on each side of the taxicab. Also, the cab number and the owner’s telephone number shall be printed upon the outside rear panel of the taxicab.

All letters and figures mentioned in this section shall be not less than two and one-quarter inches in height and of not less than five-sixteenths of an inch stroke. (Ord. No. 965, § 2.)

33.3 Unauthorized markings.

No taxicab shall bear any marks or signs other than those specified in the preceding section and other than such advertising matter as may be approved by the city manager to be fixed or carried on the rear portion of the taxicab. (Ord. No. 1092, § 2.)

33.4 Taximeters.

Each taxicab operated in the city shall be equipped with a taximeter which will correctly compute and indicate the distance traveled or the time elapsed. Such meter shall be affixed to the taxicab in such manner that the reading dial showing the amount to be and being charged shall be readily discernible from the passenger compartment during all times that such taximeter is operating. (Ord. No. 965, § 2.)

33.5 Insurance.

The owner of each taxicab in the city shall secure and pay in advance the annual premium upon an insurance policy whereby the owner and the driver of the taxicab are insured against liability for injury to any person as the result of the ownership, operation or use thereof. The city shall be named on such policy as an additional insured. The minimum liability limits upon each taxicab shall not be less than one million dollars for personal injuries resulting to two or more persons in any one accident. The owner shall file an endorsement of such insurance policy with the city manager wherein it is provided that the insurance policy will not be cancelled by the insurer, or at the request of the insured, until the city, though its manager, has been given notice in writing at least ten days immediately prior to the time when such cancellation shall become effective. (Ord. No. 965, § 2; Ord. No. 1983, § 85.)

33.6 Office and telephone required.

Each holder of a taxicab owner’s permit shall maintain a permanent office within the corporate limits of the city available to the public, and shall maintain a telephone at that office. (Ord. No. 1092, § 6.)

33.7 Twenty-four hour service required.

Every taxicab owner shall make taxicab service available to the public twenty-four hours each day. (Ord. No. 1092, § 6.)

33.8 Parking in business district.

No driver of any taxicab shall park or stand the same upon any public highway in any business district in the city for any period of time longer than is necessary to discharge or receive passengers then occupying or then waiting for such taxicab; provided, that a taxicab may be parked in a taxi stand established pursuant to this chapter. (Ord. No. 1106, § 9.15.)

33.9 Display of driver’s photograph, name, etc.

The owner of each taxicab shall cause to be placed and maintained in a conspicuous place in the passenger compartment of each vehicle at all times during the operation thereof, a device in which there shall be visibly displayed the photograph of the driver of such vehicle, together with his name and permit number in legible letters not less than one-quarter inch in height. It shall be unlawful for the driver to operate or for the owner to allow or permit the operation of any taxicab contrary to the provisions of this section. (Ord. No. 965, § 8.)

33.10 Drivers to use most direct route.

Any taxicab driver employed to carry any passenger to a definite point shall take the most direct route which will carry the passenger safely and expeditiously to such point. (Ord. No. 965, § 9.)

33.11 Stands*—Authority of city manager to locate, assign, etc.

The city manager is hereby authorized to determine the location of and to mark taxicab stands. Such stands shall be assigned for the use of taxicabs only when the city manager decides that they are convenient to the public. (Ord. No. 1092, § 7; Ord. No. 1106, § 9.15.)

*For state law as to authority of city to license and regulate taxicab stands, see Veh. C.A., § 589.6

33.12 Same—Identification.

Taxicab stands shall be indicated by signs or a white line stencilled with the words “TAXI ONLY,” upon the tops of all curbs and places specified for taxicabs only. (Ord. No. 1106, § 9.15.)

33.13 Same—Use by other vehicles prohibited.

When official signs or markings designating taxicab stands are in place, no person other than the driver of a taxicab shall park or stand any vehicle in the stand. Such stands shall be used only by taxicabs licensed to operate in the city and driven by holders of taxicab drivers’ permits issued under this chapter. (Ord. No. 1092, § 7; Ord. No. 1106, § 9.15.)

33.14 Hiring with intent to defraud.

It shall be unlawful for any person to hire any taxicab in the city with the intent to defraud the person from whom it is hired. (Ord. No. 965, § 10.)

33.15 Interference with inspection.

It shall be unlawful for an owner or a driver of any taxicab which is being operated in the city to interfere with or prohibit any police officer from at any time inspecting any taxicab or portion thereof. (Ord. No. 965, § 7.)

ARTICLE II. PERMITS

DIVISION 1. GENERALLY

33.16 Suspension or revocation generally.

If, at any time, it shall be brought to the attention of the city manager that the holder of an owner’s or driver’s permit issued under this article has violated any of the provisions of this Code or other ordinance of the city, or of any law of the state, in connection with the operation of a taxicab, or has done or failed to do any act or suffered or permitted any act to be done, which, if done, not done or suffered or permitted to be done, prior to the issuance of the permit, no such permit could have been issued under the terms of this article, or that such person’s conduct indicates that he is not a fit and proper person to be the driver or owner of a taxicab, the city manager may suspend or revoke such owner’s or driver’s permit. (Ord. No. 965, § 5.)

33.17 Notice of suspension or revocation.

An owner’s or driver’s permit issued under this article shall be deemed to be suspended or revoked as of the third day after the city manager shall cause to be deposited in the United States Post Office in the city a registered letter giving notice of such revocation or suspension and directed to the party named and to the address given on the application pursuant to which such permit was issued. (Ord. No. 965, § 5.)

33.18 Appeal from actions of city manager.

If any taxicab owner or driver is aggrieved by any act or failure to act on the part of the city manager, either in issuing, failing to issue, suspending or revoking any owner’s or driver’s permit issued under this article, he may file with the city clerk a statement, addressed to the city council, setting forth the full facts and circumstances in connection with the action or failure of action on the part of the city manager.

The city council, at its next regular public meeting held not less than five days from the date on which such appeal shall have been filed with the city clerk, shall hear the appellant and his witnesses and determine the merits of the appeal, and the ruling of the city council thereon shall be final. (Ord. No. 965, § 6.)

DIVISION 2. OWNER’S PERMIT

33.19 Required.

It shall be unlawful for any owner to operate or cause to be operated a taxicab upon the streets of the city without having been granted an owner’s permit as provided for in this division. (Ord. No. 1122, § 2.)

33.20 Application—Generally.

Any person may apply to the city for an owner’s permit to operate one or more taxicabs upon the streets of the city by filing with the city manager, upon forms supplied by the city, an application setting forth the name and address of the applicant, the business address in the city where the applicant proposes to maintain an office, the number of taxicabs proposed to be operated, the nature and amount of liability insurance covering each taxicab, the taxicab color scheme, the owner’s trade name, monogram and insignia, the type and trade name of the taximeter used and the size, location and wording of all signs and advertising material to appear on the applicant’s taxicabs. (Ord. No. 1122, § 2.)

33.21 Same—Not to be acted on unless license fee paid.

No application for an owner’s permit shall be deemed to be filed and shall not be acted upon until and unless the applicant shall have made payment to the director of finance of the sum as set and adjusted by resolution of the city council per taxicab for the annual business license fee for operating a taxicab, which sum shall cover the operations of one taxicab until the next following January 1st. If the application is denied, such sum shall be returned to the applicant. (Ord. No. 1304, § 2; Ord. No. 1393, § 1; Ord. No. 1983, § 86; Ord. No. 2005, § 1.)

33.22 Same—Hearing on.

Upon the filing of an application for a permit under this division, the city council shall fix a time and place for a public hearing thereon. Notice of such hearing shall be given to the applicant and to all persons holding valid owners’ permits at least seven days before the date of such hearing. Due notice shall also be given the general public by posting a notice of such hearing on the bulletin board in the City Hall. Any interested person may file with the city council a memorandum in support of or in opposition to the issuance of an owner’s permit. (Ord. No. 1122, § 2.)

33.23 Determination of public convenience and necessity prerequisite to issuance.

No owner’s permit for the operation of a taxicab shall be granted until the city council shall determine that public convenience and necessity require the operation of the vehicle. In making such determination as to public convenience and necessity, the council shall consider the following:

(a) The financial condition of the applicant.

(b) Whether the persons already holding permits under this article are, under normal conditions, inadequately serving the public.

33.24 Issuance or denial.

The city council shall order the issuance of an owner’s permit applied for under this division to the applicant if it finds that public convenience and necessity require the applicant’s operations in the city and that the applicant and the vehicle for which the permit is sought fully comply with the provisions of this chapter.

Any application for an owner’s permit may be denied if it shall appear to the satisfaction of the city council that the vehicle proposed to be operated is inadequate or unsafe, that the applicant’s proposed color scheme, name, insignia or monogram will be in conflict with or imitate any color scheme, name, insignia or monogram used by any other person operating under an owner’s permit in such a manner as to be misleading or tend to deceive or defraud the public, that the applicant is not a fit or proper person to whom such permit should be issued or that other holders of owners’ permits are adequately serving the public. (Ord. No. 1122, § 2.)

33.25 Contents.

A permit issued under this division shall state the name and address of the applicant, the number of vehicles authorized under the permit and the date of issuance. (Ord. No. 1122, § 2.)

33.26 Term.

A permit issued under this division shall be in force and effect until suspended or revoked in the manner prescribed in this article. (Ord. No. 1122, § 2.)

33.27 Limited permit.

Notwithstanding the provisions of this division, the city manager may grant an owner’s permit to any person who maintains a principal place of business within the limits of any community the boundaries of which are at least partially contiguous to the boundaries of this city for the purpose of transporting persons for compensation from within the limits of the contiguous community wherein the applicant maintains his place of business to locations within this city and from locations within this city to points outside this city and not otherwise. Any application for such a limited permit shall meet all the requirements of this division, except that the applicant need not maintain an office in the city. Each taxicab operated in the city under such a limited permit shall, at all times while within the city, have prominently affixed thereto a license plate issued for the taxicab by the director of finance. (Ord. No. 111, § 1; Ord. No. 1122, § 1; Ord. No. 1983, § 86.)

DIVISION 3. DRIVER’S PERMIT

33.28 Required.

It shall be unlawful for any person to drive a taxicab in the city unless he holds a valid driver’s permit issued in accord with this division.

It shall likewise be unlawful for the holder of a taxicab owner’s permit to allow a taxicab licensed to him to be driven by a person not holding a valid driver’s permit issued by the city. (Ord. No. 1092, § 4.)

33.29 Application.

Any person may apply to the city for a driver’s permit to operate a taxicab upon the streets of the city by filing with the city manager, upon forms to be supplied by the city, an application setting forth the name and address of the applicant and such other information regarding the health, mentality, character and experience of the applicant as may be necessary or desirable to enable the city manager to ascertain whether the applicant fulfills the requirements of this division. (Ord. No. 965, § 3.)

33.30 Qualifications of applicant.

Each applicant for a permit under this division shall meet the following qualifications:

(a) He shall be at least twenty-one years of age.

(b) He shall not have been convicted in the courts of any state or of the United States of any of the following offenses:

(1) Driving a motor vehicle in a reckless manner or while under the influence of an intoxicant or narcotics.

(2) Pandering.

(3) Using, possessing, selling or transporting narcotics or intoxicating liquors.

(4) Imparting knowledge for the obtaining of narcotics or intoxicating liquors.

(5) Assault or battery.

(6) Any law or ordinance involving moral turpitude.

(7) Violating any of the provisions of this chapter.

33.31 Applicants to be photographed and fingerprinted.

Each applicant for a permit under this division shall be photographed and fingerprinted by the chief of police. (Ord. No. 965, § 3.)

33.32 Fee.

A fee, as established by resolution of the city council, shall be charged each applicant for a driver’s permit, which fee shall be paid to the director of finance prior to the filing of the application with the city manager. A fee, as by resolution of the city council, shall be paid for the annual renewal of each driver’s permit issued. No refunds of these fees shall be made. (Ord. No. 1304, § 1; Ord. 1983, § 87.)

33.33 Issuance—Generally.

The city manager may issue a taxicab driver’s permit to all applicants thereof if satisfactory proof is given to the city manager that the applicant comes fully within the qualifications prescribed in this division and has complied with all provisions contained herein. (Ord. No. 965, § 3.)

33.34 Same—To person licensed by neighboring city.

Within the discretion of the city manager, a driver’s permit may be issued to a person who is licensed as a driver by a neighboring adjacent city, if the licensing standards of such city are at least equal to those of South Pasadena. (Ord. No. 1092, § 4.)

33.35 Refusal to issue.

The city manager may refuse to issue any permit applied for under this division if, in the exercise of a reasonable discretion, he shall determine that such applicant is not qualified to be the driver of a taxicab. (Ord. No. 965, § 3.)

33.36 Term.

A permit issued under this article shall be in full force and effect until the holder thereof shall violate any of the provisions of this chapter, but in no event for a period of more than one year from the date of issuance thereof. (Ord. No. 965, § 3.)

33.37 Temporary permit.

The chief of police may grant permission in writing for a temporary driver’s permit pending fingerprint investigation, if there is no indication that the applicant is disqualified. The temporary permit shall also be signed by the city manager. Should there prove to be a disqualification, the holder of the owner’s permit shall be notified immediately, and he shall dismiss the disqualified driver within twenty-four hours. Such temporary permit shall be issued in cases of hardship only and for a limited time pending fingerprint investigation. (Ord. No. 1092, § 3.)

CHAPTER 33TAXICABS

33.1 Definitions.