Defined terms appearing in this chapter are shown in quotes.
Whenever any words or phrases used in this chapter are not defined
in this chapter, but are defined in the California
Vehicle Code, the
words or phrases shall have the meaning set forth in the California
Vehicle Code. For the purposes of this chapter, the following words
and phrases shall mean:
"Darkness"
means any time from one-half hour after sunset to one-half
hour before sunrise and any time when visibility is not sufficient
to render clearly discernible any person or vehicle on the highway
at a distance of 1,000 feet.
"Decal"
means the official Town-issued decal or appliqué affixed
to the pedicab denoting that the pedicab is registered with the Town.
The word "decal" may be used interchangeably with the word "medallion"
with the same effect.
"Holder"
means a person or entity to which a taxicab company permit,
taxicab driver's permit, taxicab medallion, pedicab operator permit,
or pedicab decal has been issued.
"Manifest"
means a daily record prepared by a taxicab driver of all
trips made by such driver, showing time and place of origin, destination,
number of passengers, and the amount of fare of each trip.
"Medallion" or "vehicle medallion"
means the official Town-issued decal or appliqué affixed
to the taxicab denoting that the taxicab is registered with the Town.
The word "medallion" may be used interchangeably with the word "decal"
with the same effect.
"Operating permit"
means a badge worn by the operator that includes a color passport-sized photo and other information, issued by the Town pursuant to Section
5.24.310, authorizing a person to operate a pedicab as a business.
"Operator"
means any individual who operates a pedicab within the Town
of Yountville.
"Owner"
means any person or entity that owns a taxicab or pedicab.
"Pedicab"
means:
1.
A bicycle that has three or more wheels, that transports, or
is capable of transporting, passengers on seats attached to the bicycle,
that is operated by a person, and that is used for transporting passengers
for hire; or
2.
A bicycle, or similar motorized or non-motorized device, that
pulls a trailer, sidecar, or similar device, that transports, or is
capable of transporting, passengers on seats attached to the trailer,
sidecar, or similar device, that is operated by a person, and that
is used for transporting passengers for hire.
"Ride share" or "ride sharing"
means a motor vehicle not regularly engaged in the business
of carrying passengers for hire, but does offer space for passenger(s)
in a motor vehicle when space is available, and does so without a
guarantee of compensation for services rendered.
"Seatbelt"
means the safety strap or harness designed to hold a person
securely in a seat.
"Taxicab company permit"
means the permit issued by the Town to the owner of a taxicab
seeking to offer service in the Town.
"Taxicab driver's permit"
means the permit issued by the Town to the driver of a taxicab.
References to the obligation of the company or driver shall apply
equally to drivers who are employees, affiliates and/or subcontractors.
"Taxicab" or "cab"
means a motor vehicle regularly engaged in the business of
carrying passengers for hire and having a seating capacity of not
more than eight persons, excluding the driver, and not operated on
a fixed route.
"Taximeter"
means a meter instrument or device attached to a taxicab
that measures mechanically the distance driven and the waiting time
upon which the fare is based.
"Waiting time"
means the time when a taxicab is not in motion, from the
time of acceptance of a passenger or passengers until the time of
discharge. Waiting time shall not include the time when a taxicab
is not in motion because of the fault of the driver or the vehicle.
(Ord. 419-13)
The Town Manager is hereby authorized to promulgate administrative
rules, regulations and interpretations to implement this chapter.
Said rules, regulations and interpretations may include, but are not
limited to, revisions to the terms or limits of the required insurances;
the application process; requirements of operation, etc. Once promulgated,
they shall have the force of law as an embodiment of this section.
Local law enforcement shall enforce all rules, regulations and
interpretations necessary to implement this chapter.
(Ord. 419-13)
All written notice provided by the Town under this section shall
be mailed to the responsible person by certified mail, postage prepaid,
return receipt requested. Simultaneously, a copy of the citation shall
be sent by first class mail. This method of delivery does not include
any initial citations issued by law enforcement for violation of local,
County or State law. The Town shall utilize the address identified
on the most recent application or renewal documents on file to determine
the mailing address for the citee. The date of mailing shall constitute
the issuance date of a citation.
Whenever the Town has made a decision or ruling to deny, suspend
or revoke any permit, medallion, or decal issued under this chapter,
the applicant or holder of the permit, medallion or decal may appeal
the decision by filing a written request for an appeal hearing to
the Town Manager, or designee, within 10 days of mailing of the decision.
Until the ruling of the Town Manager, or designee, the administrative
decision shall remain in full force and effect whether it will be
for denial of an application, suspension or revocation.
The Town Manager, or designee, shall provide notice to the appellant
and a date for the hearing within 20 days of receipt of the appeal
and the payment of the appeal fee. The hearing shall be set within
20 days, unless the applicant or holder requests a continuance. At
the hearing, both the applicant or holder and staff shall have the
right to appear and be represented by counsel and to present evidence
and arguments which are relevant to the grounds for the appeal, limited
to the grounds for appeal stated in the filing of the appeal. The
applicant or holder may appear in person or by submitting written
material. A nonappearance shall result in a vacation of the appeal,
and the Town Manager, or designee, may proceed with the hearing and/or
any related disciplinary action.
Within 10 days of the hearing, Town Manager, or designee, shall issue a written decision that states whether the decision of the administrative staff is to be upheld, modified or reversed, and the length of any suspension. The decision shall be served on the holder or applicant by certified mail. The decision of the Town Manager, or designee, may be appealed to the Council pursuant to Chapter
1.30.
(Ord. 419-13)
If, at any time, in the judgment of the Town, taxicab auto liability or pedicab general liability insurance policies do not meet the requirements set forth in Section
5.24.120 or
5.24.320, respectively, the Town may suspend permits, medallions and decals, as applicable, until the Town has received satisfactory proof that the holder has obtained insurance which meets such requirements, or revoke the permits, medallions, and/or decals for repeated violations of this section.
(Ord. 419-13)
A. Taxicabs.
Any person owning a taxicab or driving a taxicab seeking to operate
the same from within the Town shall comply with this chapter. All
regulations contained herein refer to taxicab operations whose primary
business office or taxicab point of origin is/are located in the Town
of Yountville, or that are otherwise substantially located within
the Town of Yountville. Nothing in this chapter is intended to require
ride share providers, taxicabs, taxicab operators, or taxicab companies
that operate from outside the Town to obtain Town taxicab permit(s)
or medallion(s).
B. Permits
and Medallion Required. Every company wishing to operate a taxicab
operation in the Town shall obtain a taxicab company permit. Every
driver wishing to operate a taxicab in the Town shall obtain a taxicab
driver's permit. Every motorized vehicle used in a taxicab operation
shall obtain a taxicab medallion.
C. Business Tax Certificate Requirement to Operate Taxicab. It is unlawful for any person or entity to operate a taxicab operation without first obtaining a business license pursuant to Section
5.04.100, the amount of which is determined by Section
5.04.210 of this code.
D. Fees.
An initial deposit amount shall be charged for initial and renewal
permits and all appeals of any proceedings pertaining thereto, under
this chapter. A fixed non-refundable annual fee for medallions shall
be charged. The fee schedule for all permits, medallions, and appeals
shall be set forth in the Master Fee Schedule of Town fees and charges
and shall be kept in office of Town Clerk for public inspection.
(Ord. 419-13; Ord. 18-475)
The taxicab company permit, described below, will authorize
the owner of taxicab(s) or taxicab company owning taxicab(s) to secure
a permit to operate taxicab(s) from within the Town, provided each
driver of one of the company taxicabs receives a taxicab driver's
permit. In addition, the taxicab company must secure an individual
medallion for each taxicab to be registered with the Town. Each permit
and medallion shall be valid for one calendar year following issuance.
The permits and medallions issued pursuant to this chapter shall be
nontransferable to other taxicabs or drivers.
A. No person
shall operate a taxicab for hire upon the streets of the Town, and
no person who owns or controls a taxicab shall permit it to be so
driven, unless the owner of such taxicab and driver shall have first
obtained, and shall have then in force, a medallion for each taxicab
in operation, a taxicab company permit and a taxicab driver's permit
issued by the Town.
1. Taxicab
Medallion. It is unlawful for any owner or driver to operate a taxicab
from within the Town without a valid Town issued taxicab medallion,
and paying all applicable licensing and permit fees. A taxicab medallion
application may be acquired from the Town.
2. Taxicab
Company Permit. It is unlawful for any owner or driver to operate
a taxicab from within the Town without first registering the taxicab
with the Town, and paying all applicable licensing and permit fees.
A taxicab permit application may be acquired from the Town.
3. Taxicab
Driver's Permit. It is unlawful for any person to operate a taxicab
within the Town, or for any taxicab company to permit their taxi(s)
to be operated from within the Town by a driver, if not permitted
pursuant to this chapter. A taxicab driver's permit application may
be acquired from the Town.
B. Renewal
of Permits. It is the permit holder's responsibility to renew a taxicab
company or taxicab driver's permit. The taxicab permit, driver's permit
and vehicle medallions shall be renewed annually by the permit holder
provided a complete renewal application with appropriate permit renewal
fees are received by the Town or postmarked 30 calendar days before
the permit's expiration date. If the application is late, determined
to be incomplete or is not otherwise capable of being acted on prior
to the 30day period before the expiration date, the applicant may
be required to pay late fees. Holders of expired permits are not permitted
to operate taxicabs from within the Town. If the permit lapses for
more than 30 calendar days after the expiration date, the previous
permit or medallion shall be deemed null and void and the applicant
shall file an initial application and required to obtain all approvals
before operating in Town.
C. Exclusions.
The following are excluded from the requirement to obtain a taxicab
company permit:
1. ADA
paratransit providers when providing paratransit service under any
private or public ADA transit plan.
2. A
charter-party carrier of passengers within the meaning of Section
5351 et seq., of the California
Public Utilities Code.
3. Any
person operating or causing to be operated a taxicab while transporting
a passenger(s) from a point outside the Town to a destination within
the Town, or proceeding through the Town to a destination outside
the Town.
D. Display
of Driver's Permit and Medallion. The taxicab driver's permit shall
be posted in such a place to be easily visible to all passengers,
day and night. The vehicle medallion shall be on display and easily
visible in the rear window of the taxicab.
E. Every
holder under this chapter shall comply with all Town, State and Federal
laws. Violations may result in the suspension or revocation of the
taxicab and/or driver's permit(s).
(Ord. 419-13)
No taxicab permit shall be issued or continued in effect unless
there is in full force and effect the following:
A. Commercial
General Liability/Automobile Liability Insurance. Taxicab company
shall obtain and maintain commercial general liability insurance and
automobile liability insurance in the amount of $2,000,000.00 per
occurrence. If a general aggregate limit is used, either the general
aggregate limit shall apply separately to this contract or the general
aggregate limit shall be twice the required occurrence limit. Taxicab
company's insurance coverage shall be written on an occurrence basis.
B. Workers'
Compensation Insurance. Taxicab company shall obtain and maintain
statutory workers' compensation insurance and employer's liability
insurance in the amount of $2,000,000.00 per accident.
C. Acceptability
of Insurers. Insurance is to be placed with insurers with a current
Best Rating of A:VII unless otherwise acceptable to the Town.
D. Verification
of Coverage. Insurance, deductibles or self-insurance retentions shall
be subject to the Town's approval. Original certificates of insurance
with endorsements shall be received and approved by the Town before
a permit is issued.
E. Other
Insurance Provisions.
1. The
Town, its officers, officials, employees and volunteers are to be
covered as additional insured for commercial general and automobile
liability coverage.
2. For
any claims related to this application, taxicab company's insurance
coverage shall be primary and any insurance or self-insurance maintained
by the Town, its officers, officials, employees and volunteers shall
not contribute to it.
3. Each
insurance policy required shall be endorsed that a thirty-day notice
be given to the Town in the event of cancellation or modification
to the stipulated insurance coverage.
4. Approval
of the insurance by the Town or acceptance of the certificate of insurance
by the Town shall not relieve or decrease the extent to which taxicab
company may be held responsible for payment of damages resulting from
taxicab company's services or operation pursuant to this chapter,
nor shall it be deemed a waiver of the Town's rights to insurance
coverage hereunder.
5. If,
for any reason, taxicab company fails to maintain insurance coverage
that is required pursuant to this ordinance, the Town, at its sole
option, may suspend or revoke the taxicab company's permit(s).
6. By
being a named insured, Town is not responsible for damages, claims,
causes of action, or any other matters of any permit holder, taxicab
operator, or taxicab owner.
The permit holder shall keep the Town informed of deletions
and additions of vehicles to the insurance schedule when changes are
made during the year.
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It shall be a misdemeanor to operate a taxicab business without
insurance coverage as specified in this section.
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(Ord. 419-13)
It is unlawful for any person to refuse to pay the legal fare
after having hired the same, and it is unlawful for any person to
hire any vehicle herein defined with intent to defraud the person
from whom it is hired of the fare for such service. Any violation,
in addition to being a misdemeanor pursuant to this code, shall also
be subject to all other applicable State laws.
(Ord. 419-13)