Chapter 5.44 TAXICABS

A. “Call box stand” means a place alongside a street, or elsewhere, where the city council has authorized a holder of a certificate of public convenience and necessity to install a telephone or call box for the taking of calls and the dispatching of taxicabs or to maintain a cab stand.

B. “Certificate” means a certificate of public convenience and necessity issued by the city council authorizing the holder thereof to conduct a taxicab business in the city.

C. “Cruising” means the driving of a taxicab on the streets, alleys, or public places of the city in search of or soliciting prospective passengers for hire.

D. “Driver’s permit” means the permission granted by the chief of police to a person to drive a taxicab upon the streets of the city.

E. “Holder” means a person to whom a certificate of public convenience and necessity has been issued.

F. “Manifest” means a daily record prepared by a taxicab driver of all trips made by said driver showing time and place of origin, destination, number of passengers, and the amount of fare of each trip.

G. “Open stand” means a public place alongside the curb of a street or elsewhere, in the city which has been designated by the city council as reserved exclusively for the use of taxicabs.

H. “Person” includes an individual, a corporation or other legal entity, a partnership, and any unincorporated association.

I. “Rate card” means a card issued by the city council for display in each taxicab which contains the rates of fare then in force.

J. “Taxicab” means a motor vehicle regularly engaged in the business of carrying passengers for hire, having a seating capacity of less than eight persons and not operated on a fixed route.

K. “Waiting time” means the time when a taxicab is not in motion from any time of acceptance of a passenger or passengers to the time of discharge, but does not include any time that the taxicab is not in motion if due to any cause other than the request, act or fault of a passenger or passengers. (Ord. 2012-07 § 2 (part))

5.44.020 Certificate—Required.

No person shall operate or permit a taxicab owned or controlled by him to be operated as a vehicle for hire upon the streets of the city without having first obtained a certificate of public convenience and necessity from the city council. (Ord. 2012-07 § 2 (part))

5.44.030 Certificate—Application.

An application for a certificate of public convenience and necessity shall be filed, in duplicate, with the office of the city clerk upon forms provided by the city together with a nonrefundable application fee set by resolution of the city council. The application shall be verified under oath and shall furnish the following information:

A. The name and address of the applicant;

B. The financial status of the applicant, including the amounts of all unpaid judgments against the applicant and the nature of the transaction or acts giving rise to said judgments;

C. The experience of the applicant in the transportation of the passengers;

D. Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate;

E. The number of vehicles to be operated or controlled by the applicant;

F. The color scheme or insignia to be used to designate the vehicle or vehicles of the applicant;

G. Such further information as the chief of police of the city may require. (Ord. 2012-07 § 2 (part))

5.44.040 Certificate—Copy to police chief.

On receipt of an application for a certificate of public convenience and necessity, the city clerk shall immediately forward a copy thereof to the chief of police. (Ord. 2012-07 § 2 (part))

5.44.050 Certificate—Hearings.

Upon the filing of an application for a certificate of public convenience and necessity, the city clerk 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 to whom certificates of public convenience and necessity have been theretofore issued. Any interested person may file with the city clerk a memorandum in support of or opposition to the issuance of a certificate. (Ord. 2012-07 § 2 (part))

5.44.060 Certificate—Issuance or denial.

A. If the city council finds that further taxicab service in the city is required by the public convenience and necessity and that the applicant is fit, willing, and able to perform such public transportation and to conform to the provisions of this chapter and the rules promulgated by the city council, then the chief of police shall issue a certificate stating the name and address of the applicant, the number of vehicles authorized under said certificate and the date of issuance; otherwise, the application shall be denied.

B. In making the above findings, the city council shall take into consideration the number of taxicabs already in operation, 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. (Ord. 2012-07 § 2 (part))

5.44.070 Certificate—Transferability.

No certificate of public convenience and necessity may be sold, assigned, mortgaged or otherwise transferred. (Ord. 2012-07 § 2 (part))

5.44.080 Certificate—Annual fees.

A. No certificate shall be issued or continued in operation unless the holder thereof has paid an annual license fee for the right to engage in the taxicab business and a fee per year for each vehicle operated under a certificate of public convenience and necessity. Fees will be set annually by the city council, based on the city cost of regulation.

B. Each permit shall be issued annually and shall expire at the end of said period. (Ord. 2012-07 § 2 (part))

5.44.090 Insurance.

No certificate of public convenience and necessity shall be issued or continued in operation unless there is in full force and effect a liability insurance policy issued by an insurance company authorized to do business in the state for each vehicle authorized in the amount of one million dollars ($1,000,000.00) for bodily injury to or death of any one person, and subject to the limit of one million dollars ($1,000,000.00) for each person injured or killed of at least two million dollars ($2,000,000.00) for such injury to, or the death of, three or more persons in any one accident for damage to property of at least two hundred and fifty thousand dollars ($250,000.00) resulting from any one accident. A copy of every policy of insurance and renewals thereof shall be provided by applicant and filed with the chief of police. (Ord. 2012-07 § 2 (part))

5.44.100 Certificate—Quarterly fees.

No certificate of public convenience and necessity shall be issued or continued in operation unless the holder thereof has paid a quarterly license fee for the right to engage in the taxicab business and a separate fee each quarter for each vehicle operated under a certificate of public convenience and necessity. Fees will be set annually by the city council, based on the city cost of regulation. (Ord. 2012-07 § 2 (part))

5.44.110 Driver’s license—Required.

No person shall operate a taxicab for hire upon the streets of the city, and no person who owns or controls a taxicab shall permit it to be so driven, and no taxicab licensed by the city shall be so driven at any time for hire, unless the driver of said taxicab has first obtained and then has in force a taxicab driver’s license issued under the provisions of this chapter. (Ord. 2012-07 § 2 (part))

5.44.120 Driver’s license—Application.

A. An application for a taxicab driver’s permit shall be filed with the chief of police on forms provided by the city. Such application shall be verified under oath and shall contain such information as the chief of police may require.

B. Each application shall be accompanied by a certificate from a reputable physician of the city certifying that, in his opinion, the applicant is not inflicted with any disease or infirmity which might make him an unsafe or unsatisfactory driver. (Ord. 2012-07 § 2 (part))

5.44.130 Driver’s license—Chauffeur’s license required.

Before any application for a driver’s license is finally passed upon by the chief of police, the applicant shall show that he has a current motor vehicle, class I, II or III license issued by the state. (Ord. 2012-07 § 2 (part))

5.44.140 Driver’s license—Investigation.

The police department shall conduct an investigation of each applicant for a taxicab driver’s license and a report of such investigation and a copy of the traffic and police record of the applicant, if any, shall be attached to the application for the consideration of the chief of police. (Ord. 2012-07 § 2 (part))

5.44.150 Driver’s license—Approval or rejection.

The chief of police upon consideration of the application for a permit and the reports and certificate required to be attached thereto shall approve or reject the application. If the application is rejected, the applicant may request a personal appearance before the city manager to offer evidence why his application should be reconsidered. (Ord. 2012-07 § 2 (part))

5.44.160 Taxi permit—Contents.

A. Upon approval of an application for a taxicab driver’s permit, the chief of police shall issue a permit to the applicant which shall bear the name, address, color, age, signature and photograph of the applicant.

B. Such permit shall be in effect for the remainder of the calendar year. A permit for every calendar year thereafter shall issue upon the payment of the annual fee unless the permit for the preceding year has been revoked. (Ord. 2012-07 § 2 (part))

5.44.170 Driver’s license—Display.

Every driver licensed under this chapter shall post his permit in such a place as to be in full view of all passengers while such driver is operating a taxicab. (Ord. 2012-07 § 2 (part))

5.44.180 Permit—Suspension or revocation.

The chief of police is given the authority to suspend any permit issued under this chapter for a driver’s failing or refusing to comply with the provisions of this chapter, such suspension to last for a period of not more than twenty (20) days. The chief of police is also given authority to revoke any permit for failure to comply with the provisions of this chapter. However, a permit may not be revoked unless the driver has received notice and has had an opportunity to present evidence in his behalf before the city manager. (Ord. 2012-07 § 2 (part))

5.44.190 Compliance required.

Every driver licensed under this chapter shall comply with all city, state and federal laws. Failure to do so will justify the chief of police suspending or revoking the permit. (Ord. 2012-07 § 2 (part))

5.44.200 Vehicle—Inspection.

A. Prior to the use and operation of any vehicle under the provisions of this chapter said vehicle shall be thoroughly examined and inspected by the police department and found to comply with such reasonable rules and regulations as may be prescribed by the chief of police. These rules and regulations shall be promulgated to provide safe transportation and shall specify such safety equipment and regulatory devices as the chief of police shall deem necessary therefor.

B. Every vehicle operating under this chapter shall be periodically inspected by the police department at such intervals as shall be established by the chief of police to ensure the continued maintenance of safe operating conditions.

C. Every vehicle operating under this chapter shall be kept in a clean and sanitary condition. (Ord. 2012-07 § 2 (part))

5.44.210 Vehicle—Identification.

Each taxicab shall bear on the outside the name of the owner; and, in addition, may bear an identifying design approved by the city council. No vehicle covered by the terms of this chapter shall be licensed whose color scheme, identifying design, monogram, or insignia to be used thereon shall, in the opinion of the city council, conflict with or imitate any color scheme, identifying design, monogram or insignia used on a vehicle or vehicles already operating under this chapter, in such a manner as to be misleading or tend to deceive or defraud the public; and provided further, that if, after a license has been issued for a taxicab under this chapter, the color scheme, identifying design, monogram, or insignia thereof is changed so as to be, in the opinion of the city council, in conflict with or imitates any color scheme, identifying design, monogram, or insignia used by any other person, owner or operator, in such a manner as to be misleading or tends to deceive the public, the permit of or certificate covering such taxicab or taxicabs shall be suspended or revoked. (Ord. 2012-07 § 2 (part))

5.44.220 Fare rates.

The fare rates shall be adopted by council resolution and amended by council resolution from time to time as council may determine proper. (Ord. 2012-07 § 2 (part))

5.44.230 Refusal to pay legal fare.

It is unlawful for any person to refuse to pay the legal fare of any of the vehicles mentioned in this chapter after having hired the same, and it is unlawful for any person to hire any vehicle defined in Section 5.44.010 with intent to defraud the person from whom it is hired of the value of such service. (Ord. 2012-07 § 2 (part))

5.44.240 Solicitation of passengers.

A. No driver shall solicit passengers for a taxicab except when sitting in the driver’s compartment of such taxicab or while standing immediately adjacent to the curb side thereof.

B. No driver shall solicit patronage in a loud or annoying tone of voice or by sign or in any manner annoy any person or obstruct the movement of any persons, or follow any person for the purpose of soliciting patronage.

C. No driver, owner, or operator shall solicit passengers at the terminal of any other common carrier, nor at any intermediate points along any established route of any other common carrier. (Ord. 2012-07 § 2 (part))

5.44.250 Manner of receiving and discharging passengers.

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. (Ord. 2012-07 § 2 (part))

5.44.260 Cruising prohibited.

No driver of a taxicab shall cruise in search of passengers. (Ord. 2012-07 § 2 (part))

5.44.270 Additional passengers.

No taxicab driver shall permit any other person to occupy or ride in said taxicab unless the person or persons first employing the taxicab consent to the acceptance of additional passenger or passengers. (Ord. 2012-07 § 2 (part))

5.44.280 Refusing to carry orderly persons prohibited.

No taxicab driver shall refuse or neglect to convey any orderly person or persons, upon request, unless previously engaged or unable or forbidden by the provisions of this chapter to do so. (Ord. 2012-07 § 2 (part))

5.44.290 Prohibited acts of drivers.

It is a violation of this chapter for any driver of a taxicab to solicit business for any hotel, motel or rooming house, or to attempt to divert patronage from one hotel, motel or rooming house to another. Neither shall such driver engage in selling intoxicating liquors or solicit business for any house of ill repute or use his vehicle for any purpose other than the transporting of passengers. (Ord. 2012-07 § 2 (part))

5.44.300 Call box—Establishment.

The city council is authorized and empowered to establish call box stands upon the streets of the city in such places as in its discretion it deems proper. A holder desiring to establish a call box stand shall make written application to the chief of police. The applicant must attach to the application the written approval of the abutting property owners of said space consenting to the creation of such stand. Upon filing of the application, the police department shall make an investigation of the traffic conditions at said place and shall thereafter file their written recommendation to the city council. The city council shall then either grant or refuse the application. When a call box stand has been established as provided in this section, it shall be used solely by the holder to whom the same was granted and his agents and servants and no other holder shall be permitted to use the same. (Ord. 2012-07 § 2 (part))

5.44.310 Call box—Use by other vehicles.

Private or other vehicles for hire shall not at any time occupy the space upon the streets that has been established as call box stands. (Ord. 2012-07 § 2 (part))

5.44.320 Overall service.

All persons engaged in the taxicab business in the city operating under the provisions of this chapter shall render an overall service to the public desiring to use taxicabs. Holders of certificates of public convenience and necessity shall maintain a central place of business and keep the same open twenty-four (24) hours a day for the purpose of receiving calls and dispatching cabs. They shall answer all calls received by them for services inside the corporate limits of the city as soon as they can do so, and if said services cannot be rendered within a reasonable time, they shall notify the prospective passengers how long it will be before the call can be answered and give the reason therefor. Any holder who refuses to accept a call anywhere in the corporate limits of the city at any time when such holder has available cabs; or who fails or refuses to give overall service shall be deemed a violator of this chapter and the permit granted to such holder shall be revoked at the discretion of the city council. (Ord. 2012-07 § 2 (part))

5.44.330 Manifests.

A. Every driver shall maintain a daily manifest upon which are recorded all trips made each day, showing time and place of origin and destination of each trip and amount of fare and all such completed manifests shall be returned to the owner by the driver at the conclusion of his tour of duty. The forms for each manifest shall be furnished to the driver by the owner and shall be of a character approved by the chief of police.

B. Every holder of a certificate of public convenience and necessity shall retain and preserve all driver’s manifests in a safe place for at least the calendar year next preceding the current calendar year, and said manifests shall be available to the police department. (Ord. 2012-07 § 2 (part))

5.44.340 Accident reports.

All accidents arising from or in connection with the operation of taxicabs which result in death or injury to any person, or in damage to any vehicle, or to any property in an amount exceeding the sum of two hundred fifty dollars ($250.00) shall be reported within twenty-four (24) hours from the time of occurrence to the police department. (Ord. 2012-07 § 2 (part))

5.44.350 Advertising.

Subject to the rules and regulations of the chief of police, it is lawful for any person owning or operating a taxicab or motor vehicle for hire to permit advertising matter to be affixed to or installed in or on such taxicabs or motor vehicles for hire. (Ord. 2012-07 § 2 (part))

5.44.360 Enforcement.

The police department of the city is given the authority and is instructed to watch and observe the conduct of holders and drivers operating under this chapter. Upon discovering a violation of the provisions of this chapter, the police department shall report the same to the chief of police, who will order to take appropriate action. (Ord. 2012-07 § 2 (part))

For statutory provisions authorizing cities to license and regulate vehicles for hire, see Vehicle Code Sections 16501, 21100 and 21112; for provisions on the financial responsibility of commercial passenger vehicles, see Vehicle Code Section 16500 et seq.