[Ord. No. 1040.]
- The City of Oakdale.
- Every person in charge of or operating, any taxicab or limousine, either as owner or employee or under the direction of owners or employees.
- A motor-propelled vehicle used for the transportation of passengers for hire along 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. A limousine bears no distinguishing color markings or lights, operates from a fixed location and is hired on an hourly contract basis only.
- Every person who in any manner has the proprietary use, ownership or control of any passenger carrying motor-propelled vehicle.
- A place designated for the use, while awaiting employment, of the particular taxicabs authorized to utilize the same.
- 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 is operated at rates per mile or upon a waiting time basis or both, and which motor-propelled 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.
[Ord. No. 1040.]
It shall be unlawful for any person to engage in the business of operating any taxicab in the City of Oakdale without first having obtained from the city council a certificate of public convenience and necessity. All persons applying for such certificate shall file with the council a verified application which shall set forth:
Name and address of person making application.
If, at the time of making application, such person is actually operating a taxi service in this City of Oakdale, the number of taxicabs owned and operated therein by applicant.
The number of vehicles for which a certificate of public convenience and necessity is desired.
The make, type, year of manufacture and passenger seating capacity of each taxicab for which applicant for a certificate is made.
A description of the proposed scheme, insignia, or any other distinguishing characteristics of the taxicab.
Such other information as the city council may require.
Upon filing of the fully completed application for the certificate of public necessity and convenience, the city clerk shall fix the time for a public hearing thereon before the city council for the purpose of determining whether the public convenience and necessity require the proposed taxicab service. No certificate shall be granted until the council shall, after the hearing, declare by resolution that the public convenience and necessity required the proposed taxicab service.
Notice of the time and place of the public hearing before the city council shall be published twice in a newspaper of general circulations in the city; and the second publication to be not more than five days before the hearing; and the cost of publication to be at the expense of the applicant.
In determining whether public convenience and necessity require the taxicab service for which the application is made, the city council shall investigate and consider:
The demand of the public for additional taxicab service.
The adequacy of the existing taxicab service.
The financial responsibility and experience of the applicant.
The number, make and type of the equipment and the color scheme to be used.
The effect which additional taxicab service may have on traffic congestion and parking and whether it will result in a greater hazard to the public.
If the city council shall, by resolution, declare that public convenience and necessity require the additional taxicab service, a certificate to that effect shall be issued to the person entitled thereto; provided the city council may in its discretion determine the character and number of permits to be granted not exceeding three; provided further that no certificate authorized hereunder shall be issued to any person who shall not have fully complied with all the necessary requirements of this chapter.
The provisions of this section shall not effect the number of taxicabs with valid permits on the effective date of this chapter.
Every owner operating a taxicab service under the permission of the city council prior to the effective date of this chapter shall be presumed to have established prima facie evidence of the public convenience and necessity for the licensing of his taxicabs actually in operation in the City of Oakdale, and the city council, upon written application, received by it not later than fifteen days after the effective date of this chapter, shall grant a certificate to such owner for such taxicabs.
If the service permitted hereunder is for any reason discontinued for a period of forty-five days, the certificate granted shall be automatically canceled and shall not be restored until compliance is had with this section.
If the owner sells or transfers title to a taxicab for which a certificate has been issued, or in the event a taxicab for which a certificate has been issued, has been destroyed, he is entitled, as a matter of right, upon written application to the council made within fifteen days after such sale, transfer or destruction, to have a new certificate 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, may at any time revoke or suspend the certificate granted:
If the owner's record is unsatisfactory.
If the owner fails to operate the taxicabs in accordance with the provisions of this chapter.
If the owner discontinues or suspends operations of said taxicab for a period of forty-five days without the permission first had and obtained from said city council.
If taxicabs are operated at the rate of fare other than that approved by the city council.
All certificates which shall have been suspended or revoked by the city council, shall be surrendered to the city clerk, and the operation of all taxicabs covered by such certificate shall cease and be unlawful. Any owner who shall retire and not replace any taxicab for a period of forty-five days, shall immediately surrender to the city clerk the certificate granted for such taxicab.
[Ord. No. 1040.]
All public passenger vehicles for hire shall be under the supervision and control of the chief of police, and he shall not permit any driver to operate any taxicab in the city, while same or any equipment used thereon, or therewith, shall be unsafe, defective or unsanitary condition, and every taxicab shall be at all times subject to the inspection of any public officer of the city. Should an officer determine that a taxicab is unsafe, defective or unsanitary, that officer shall require that the taxicab be taken to a licensed automotive repair shop for the necessary corrections to be made. The affected taxicab shall not be permitted to operate until which time the needed repairs have been made.
The chief of police is hereby authorized and directed to revoke and cancel, without previous notice, any permit granted hereunder, whenever an owner or driver violates any of the provisions of this chapter. The owner of the permit thus revoked may, within ten days thereafter, appeal from such order or revocation to the city council, who shall, after due notice to the owner, hear and determine the matter and their decision therein, shall thereupon become final. Any person whose permit is thus revoked shall not be entitled to apply for another for a period of one year from the date of such revocation.
[Ord. No. 1040.]
Any driver employed to transport passengers to a definite point shall take the most direct route that will take the passenger to their destination safely and expeditiously.
If requested every driver shall give a receipt upon payment of the correct fare. In case of a dispute the matter shall be determined by the officer in charge at the police department. Failure to comply with such determinations shall subject the offending party to a charge of misdemeanor.
It shall be unlawful for any person, except where credit is extended, to refuse to pay the lawful fare, as fixed herein, for the use of any taxicab, after hiring same.
It shall be unlawful for any driver operating under a permit issued pursuant to the terms of this chapter, to refuse, when the vehicle is in service and not otherwise engaged, to transport any person who presents himself for carriage in a sober and orderly manner and for a lawful purpose.
Each taxicab shall be clearly marked with the taxicab company's name displayed on the left and right front doors of the cab. The taxicab name shall be of letters large enough to read from a distance of one hundred feet.
Each taxicab shall be clearly numbered in consecutive order. The cab number shall be located on both front fenders of the cab as well as on the right rear corner of the trunk or rear of the cab. Cab numbers shall be large enough to read from a distance of one hundred feet.
[Ord. No. 1040.]
It shall be unlawful for any person to operate or drive a taxicab in the City of Oakdale without having first obtained a permit from the chief of police. Such permit shall not be transferable.
The chief of police shall not issue a permit and must revoke a permit theretofore granted:
If the applicant is under twenty-one years of age; or
If the applicant is not a citizen of the United States; or
If the applicant has not resided in the County of Stanislaus for thirty days immediately prior to their application; or
If the applicant does not possess a valid driver's license issued by the State of California; or
If the applicant is a reckless driver or has been convicted of reckless driving or driving while under the influence of intoxicating liquors or narcotics; or
If the applicant is guilty or has been convicted of a felony or crime involving moral turpitude; or
If the applicant violates any provision of this ordinance.
Upon satisfying the foregoing requirements, the applicant shall be fingerprinted and photographed, and thereupon a permit shall be issued, which permit shall be fixed in a conspicuous place in the taxicab so as to be seen from a passenger's compartment, and which said permit shall set forth the name, address, and telephone number of the owner of the taxicab.
If a driver changes his employment to a different owner, he shall, within twenty-four hours, thereafter, notify the chief of police for the purpose of having his driver's certificate 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 herein set forth. The driver, in making application for a renewal of his permit, shall follow the same procedure as set forth in making his original application, except he shall not be required to be fingerprinted or furnish photographs. The following fees shall be charged for driver's permits:
[Ord. No. 1040.]
It shall be unlawful for any owner or operator to drive or operate a taxicab or cause the same to be driven or operated in the City of Oakdale, and no license for the operation thereof shall be granted unless and until there is on file with the city clerk, and in full force and effect at all times while such taxicab is being operated a policy of insurance with a company licensed and authorized to do business in the State of California, insuring the owner of such taxicab against loss by reason of injury or damages that may result from the negligent operation or defective construction of such taxicab, or for any other cause.
Said policy of insurance shall guarantee the payment to any and all persons suffering injury or damage to person or property, or any final judgment rendered against such owner or driver, irrespective of the financial condition of 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 canceled by the company issuing the same, or the authority of the company to do business in the State of California shall be revoked, the city clerk shall require the owner to replace such policy with another policy meeting the same requirements as outlined above in default thereof the owner's license to operate shall be revoked.
The City of Oakdale shall require of each insurance company issuing a policy covering a taxi to advise the city in writing should the insurance terminate for any reason.
[Ord. No. 1040.]
The chief of police shall designate, in writing, stands upon public streets to be occupied by taxicabs, after the permit has been issued as in this chapter provided, said stands to be determined by the city council and designated by the chief of police.
Before any designation of stands is made, the written consent must be obtained of the tenant of the ground floor fronting the space where such stand is to be located. In the event the ground floor is not occupied, the written consent of the owner must be first obtained.
The stand permit shall specify the name and address of the permittee and the number of vehicles authorized thereunder, and it shall be unlawful for the owner or operator of any vehicle for hire, other than the permittee, to use the stand designated under such permit, and when such stand is occupied, no other vehicle shall loiter or wait nearby.
Any stand designated by the chief of police by direction of the city council, as herein provided, may be revoked by him at the direction of the city council, and it shall be unlawful for any taxicab to occupy the stand after such revocation.
It shall be unlawful for any operator of a taxicab, while awaiting employment, drive so as to interfere with vehicular traffic.
It shall be unlawful for any person to park a vehicle in a space which is marked off or reserved for a taxicab under the provisions of this chapter.
[Ord. No. 1040.]
Each owner of each taxicab license granted hereunder, shall pay to the city at the time he makes application for said license the business license tax as authorized in the city business license ordinances.
[Ord. No. 1040.]
Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in a sum not to exceed one thousand dollars, or be imprisoned in the county jail of Stanislaus County, California, for a term not to exceed six months, or by both such fine and imprisonment.
[Ord. No. 1040.]
Fees shall be amended as follows: Fees, penalties, etc., shall be amended by resolution.