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.
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.
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.
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:
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;
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;
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:
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.