[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.]
(a)
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:
(1)
Name and address of person making application.
(2)
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.
(3)
The number of vehicles for which a certificate of public convenience
and necessity is desired.
(4)
The make, type, year of manufacture and passenger seating capacity
of each taxicab for which applicant for a certificate is made.
(5)
A description of the proposed scheme, insignia, or any other
distinguishing characteristics of the taxicab.
(6)
Such other information as the city council may require.
(7)
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.
a.
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.
b.
In determining whether public convenience and necessity require
the taxicab service for which the application is made, the city council
shall investigate and consider:
1.
The demand of the public for additional taxicab service.
2.
The adequacy of the existing taxicab service.
3.
The financial responsibility and experience of the applicant.
4.
The number, make and type of the equipment and the color scheme
to be used.
5.
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.
(8)
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.
(9)
The provisions of this section shall not effect the number of
taxicabs with valid permits on the effective date of this chapter.
(10)
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.
(11)
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.
(12)
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.
(13)
The city council, may at any time revoke or suspend the certificate
granted:
a.
If the owner's record is unsatisfactory.
b.
If the owner fails to operate the taxicabs in accordance with
the provisions of this chapter.
c.
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.
d.
If taxicabs are operated at the rate of fare other than that
approved by the city council.
e.
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.]
(a)
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.
(b)
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.]
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(f)
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.]
(a)
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.
(b)
The chief of police shall not issue a permit and must revoke a permit
theretofore granted:
(1)
If the applicant is under twenty-one years of age; or
(2)
If the applicant is not a citizen of the United States; or
(3)
If the applicant has not resided in the County of Stanislaus
for thirty days immediately prior to their application; or
(4)
If the applicant does not possess a valid driver's license
issued by the State of California; or
(5)
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
(6)
If the applicant is guilty or has been convicted of a felony
or crime involving moral turpitude; or
(7)
If the applicant violates any provision of this ordinance.
(c)
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.
(d)
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.
(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 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:
|
Police Department Clearance Fee
|
$12.50
|
|
Fingerprints to FBI and California
|
$56.00
|
|
Photograph
|
$5.00
|
|
Total Initial Permit Fees
|
$73.50
|
|
Driver's Permit Renewals:
|
$25.00
|
[Ord. No. 1040.]
(a)
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.
(b)
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.
(c)
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.
(d)
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.]
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
It shall be unlawful for any operator of a taxicab, while awaiting
employment, drive so as to interfere with vehicular traffic.
(f)
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.
