City of Firebaugh, CA
Fresno County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. #145, S2]
As used in this chapter:
a. 
TAXICAB – shall mean a motor propelled passenger-carrying vehicle of a distinctive color or colors and which is of such public appearance as is customary for taxicabs in common usage in this country, and which motor propelled passenger-carrying vehicle is used for the transportation of passengers for hire over and along the public streets, not over a defined route, but as to route and destination, in accordance with and under the direction of the person hiring such vehicle.
b. 
STAND – shall mean a place designated for the use, while awaiting employment, of the particular motor propelled passenger carrying vehicles authorized to utilize the same.
c. 
DRIVER – shall mean every person in charge of, or operating, a passenger-carrying motor propelled vehicle herein defined, either as owner or employee under the direction of owners or employees.
d. 
OWNER – shall mean every person who in any manner has the proprietary use, ownership or control of any passenger-carrying motor-propelled vehicle.
[Ord. #145, S3]
a. 
It shall be unlawful for any person to engage in the business of operating any taxicab in the city without first having obtained from the city council a "certificate of public convenience and necessity" for each taxicab. All persons applying for such a certificate shall file with the council an application which shall set forth:
1. 
Name and address of person making application;
2. 
If, at the time of making application, such is actually operating a taxi service in the city, the number of taxicabs owned and operated therein by the applicant;
3. 
The number of vehicles for which a "certificate of public convenience and necessity" is desired and the maximum number of vehicles shall be two for any one owner, either directly or indirectly under the owner's control;
4. 
The make, type, year of manufacture and passenger seating capacity of each taxicab for which application for certificate is made;
5. 
Such other information as the city council may require.
b. 
In determining whether public convenience and necessity require the taxicab service for which the application is made, the city council shall consider the following points:
1. 
The demand of the public for additional taxicab service;
2. 
The adequacy of existing taxicab service;
3. 
The financial responsibility and experience of the applicant;
4. 
The number, make, year of manufacture and type of the proposed equipment and the color scheme to be used;
5. 
The effect which additional taxicab service may have on taxicab service, traffic and parking, and whether it may result in a greater hazard to the public.
c. 
If the city council shall, after considering the application by resolution declare that the public convenience and necessity require additional taxicab service, it shall direct the city clerk to issue a "certificate of public convenience and necessity" to the applicant for each taxicab not to exceed two which the applicant intends to operate. The city clerk shall issue certificate or certificates pursuant to the direction of the city council upon the presentation to him of a policy of insurance such as that required by a subsequent provision of this chapter and not before such policy is presented to him.
d. 
No person, directly or indirectly, shall have the right to own or operate or control more than two taxicabs in the city.
e. 
Each "certificate of public convenience and necessity" shall be numbered by the city clerk prior to issuance and the taxicab to which it applies shall have prominently displayed on the exterior portion of the left front door of the taxicab the number of the "certificate of public convenience and necessity" so issued.
f. 
If an owner sells or transfers title to a taxicab or taxicabs for which a certificate or certificates have been issued, or in the event a taxicab or taxicabs for which a certificate or certificates have been issued or have been destroyed, he is entitled, as a matter of right, upon written application to the city council made to the city council within 15 days after such sale, transfer or destruction, to have a new certificate or certificates issued, but for no greater number than sold, transferred or destroyed, and provided such owner has complied with all the provisions of this chapter.
g. 
The city council shall, upon receiving written application as provided direct the city clerk to issue "certificates of public convenience and necessity" to the owners for the number of taxicabs not to exceed two which shall be operative January 1, 1955. Nothing in this paragraph is intended to absolve the owners from presenting to the city council at the time of issuance of the "certificates of public convenience and necessity" a policy of insurance as described in section 12-8. Further, prior to the issuance of "certificates of public convenience and necessity", all owners shall pay the license fee as established by resolution of the city council.
h. 
It shall be unlawful for any owner or driver to operate or cause to be operated a taxicab in the city without a "certificate of public convenience and necessity" having been issued for the vehicle as set forth in this chapter.
[Ord. #145, S4]
a. 
The maximum rates of fare for taxicabs in the city shall be as follows:
1. 
An amount established by resolution shall be the maximum amount to be charged for carrying one load of passengers to one destination within the city limits.
2. 
An amount established by resolution shall be the maximum amount to be charged for each stop for the purpose of permitting passengers to alight from a taxicab, it being the intention herein to provide for a situation in which a taxicab carrying one load of passengers deposits one or more of these passengers at different locations within the city limits.
3. 
An amount established by resolution shall be the maximum amount to be charged for each five minutes of time consumed by a taxicab waiting for passengers who have requested the taxicab to wait for them.
b. 
It shall be unlawful for a taxicab owner or driver to charge higher rates than those set forth herein.
[Ord. #145, S5]
All taxicabs shall be subject to inspection by any police officer of the city at any time. All owners shall maintain taxicabs used in the city in a safe and sanitary condition at all times.
[Ord. #145, S6]
a. 
It shall be unlawful for any person to operate or drive a taxicab for which a "certificate of public convenience and necessity" is required without first having obtained a written permit to do so from the chief of police.
b. 
The chief of police shall NOT issue a permit:
1. 
If the applicant is under 21 years of age;
2. 
If the applicant does not possess a valid chauffeur's license issued by the State of California;
3. 
If the applicant has been convicted of reckless driving while under the influence of intoxicating liquors or narcotics within 10 years from the date of application for such permit; or
4. 
If the applicant is not a fit and proper person.
c. 
Should the applicant not fall within any of the above categories, the chief of police may issue a written permit to the applicant which shall state that the applicant is permitted to drive a taxicab within the city. The permit shall be fixed in a conspicuous place in the taxicab being driven by the driver so as to be seen from the passenger compartment and the permit shall set forth the name, address and telephone number of the owner of the taxicab and be signed by the chief of police.
d. 
If a driver changes his employment to a different owner, he shall, within 24 hours thereafter, notify the chief of police for the purpose of having his driver's permit changed so as to properly designate the name of the new employer.
e. 
When issued, the driver's permit shall be valid for one year from the date of issuance, unless the same has been revoked for any of the causes set forth in making the original application, and shall pay the amount as established by resolution of the city council for the issuance of the renewal permit.
[Ord. #145, S7]
a. 
Should any owner violate any of the provisions of this section, the city council, at a regular or special meeting, revoke one or both of the certificates issued to the owner under the provisions of this chapter. The owner shall be given at least three days' written notice of the intention of the city council to consider such a revocation and notice shall be deemed to have been given by mailing by the city clerk of a registered letter to the owner, containing notice of the intention of the city council to consider such revocation to the owner, at the address on the owner's application on file with the city clerk.
b. 
Should any owner who also drives a taxicab in the city be convicted or forfeit bail for violation of any of the following laws: Sections 480, 481, 501, 502, 505(a), or 505(b) of the Vehicle Code of the State of California, or Section 206.4, Fresno County Ordinances, whether at the time of said violations said owner was driving a taxicab or a private vehicle, the city council shall revoke said owner's certificate or "certificates of public convenience and necessity" forthwith.
c. 
Should any owner who also drives a taxicab in the city be convicted or forfeit bail for violation of Sections 510 or 511 of the Vehicle Code of the State of California, the city council may revoke said owner's "certificate of public convenience and necessity" forthwith.
d. 
Should the city council at either a regular or a special meeting, revoke a certificate or "certificates of public convenience and necessity" the owner shall not be eligible to apply for a substitute certificate or certificates for a period of one year.
[Ord. #145, S8]
a. 
Should any taxicab driver violate any of the provisions of this chapter, the chief of police may revoke the taxicab driver's permit to drive a taxicab. Should the driver desire to appeal the decision of the chief of police to the city council, he may do so by filing written notice of such intention with the city clerk within a period of 10 days from the date of such revocation of the permit. During the time from revocation of the permit by the chief of police until the matter is heard on appeal at the next regular meeting of the city council, the permit shall be considered revoked and it shall be unlawful for the driver to drive a taxicab in the city. The city council shall either affirm or reverse the action of the chief of police by a majority vote and the action of the city council shall be final.
b. 
Should any taxicab driver in the city be convicted or forfeit bail for violation of any of the following laws: Sections 480, 501, 502, 505(a) or 505(b) of the Vehicle Code of the State of California, or Section 506.4, Fresno County Ordinances, whether at the time of the violation the driver was operating a taxicab or a private vehicle, the chief of police shall revoke the driver's permit to drive a taxicab in the city.
c. 
Should any taxicab driver be convicted or forfeit bail for violation of Sections 510 or 511 of the Vehicle Code of the State of California, whether at the time of said violation said driver was operating a taxicab or private vehicle, the chief of police may revoke said driver's permit to drive a taxicab in the city.
[Ord. #145, S9]
a. 
It shall be unlawful for any owner to operate or cause to be operated in the city a taxicab unless there is on file with the city clerk a policy of insurance in full force and effect with a solvent and responsible insurance company authorized to do business in the State of California, insuring the owner of the taxicab, giving the motor number and state license number of the taxicab and other pertinent data, against loss by reason of injury that may result to any person or damage to property caused by the negligence of the owner or driver of the vehicle. The limits of the policy shall be at least $5,000 for the injury or death of one person and $10,000 for the injury or death of two or more persons in the same accident, and $1,000 for damages to or destruction of property.
b. 
The policy of insurance shall guarantee the payment to any and all persons suffering injury or damage to person or property of any final judgment rendered against such owner or driver, within the limits above mentioned, irrespective of the financial conditions or any acts or omissions of such owner or driver, and shall inure to the benefits of such persons.
c. 
If, at any time, such policy of insurance is cancelled by the company issuing the same or such policy lapses or the authority of the company to do business in the State of California shall be revoked, the certificate or "certificates of public convenience and necessity" issued to the owner shall be of no force or effect and suspended until a new policy is exhibited to the city clerk. It shall be unlawful for any owner or driver to operate a taxicab in the city without the insurance required by this chapter being in full force and effect.
[Ord. #145, S10]
a. 
The chief of police shall designate in writing stands upon the public streets to be occupied by taxicabs to which "certificates of public convenience and necessity" have been issued.
b. 
The locations or stands so designated by the chief of police shall be appropriately marked by the use of the words "Taxicab Stand" and other vehicles shall not use these areas for parking.
c. 
It shall be unlawful for a taxicab, while awaiting employment, to stand on any street or place other than a designated stand, nor shall any operator of a taxicab, while awaiting employment, drive so as to interfere with vehicular traffic.