Note: Prior ordinance history: Ords. 1098, 1284 and 1631.
The purpose of this chapter is to provide rules and regulations governing the operation and permitting of automobile for hire and taxicab companies, and automobile for hire and taxicab drivers. The further purposes of this chapter is to serve as the taxicab and automobile for hire transportation service policy of the city of Hawthorne as required to be adopted by California Government Code Section 5307.5(b).
(Ord. 1731 § 1, 2003)
As used in this part, the following terms shall have the meanings set forth below:
"Automobile for hire"
shall mean every motor-propelled vehicle, or pedal powered taxi (pedicab), other than taxicabs, used for transportation of passengers for hire from one location within the city to another location within the city or beyond, at rates per mile, per trip, per hour, per day, per week, or per month.
"Automobile for hire service"
shall mean a business which provides automobiles or pedal powered taxi for hire for transportation service to persons within the city.
"City manager"
means the city manager of the city of Hawthorne or a designee thereof.
"Driver"
means any person driving a taxicab either as owner or under the direction, employment, control or service of the owner as herein defined.
"Owner"
means every person, firm or corporation having proprietary control or right to proprietary control of any passenger-carrying automobile or motor propelled vehicle, as herein defined.
"Person"
means and includes both singular and plural, and means and includes any individual, firm, corporation, association, partnership, or business entity, exclusive of public agencies.
"Substantially located"
is limited to the following locations for each company or driver: (1) the company or driver's "primary business address"; and (2) the jurisdiction for which the "the total number of prearranged and non-prearranged trips that originate within that city's or county's jurisdiction account for the largest share of the taxicab company's total number of trips within each county where the taxi cab company operated over the previous calendar year, as determined annually.
"Taxicab"
means any vehicle designed to carry not more than eight persons, excluding the driver, and which is used for the transportation of passengers for hire over and along public streets, not over a defined route, but as to route and destination in accordance with and under the directions of the person hiring such vehicle.
"Taxicab service"
means any public passenger transportation service utilizing taxicabs and available for hire on call or demand over the public streets of the city where the services is not provided over a defined route, but is between such points and over such routes as may be directed by the person(s) hiring the same, and irrespective of whether the operations extend beyond the area of the corporate limits of the city. The term "taxicab service" shall include the act of picking up any passenger in the city, but shall not include the sole act of delivering any passenger to a location within the city.
"Taximeter"
means a printing meter instrument or device attached to a taxicab which measures, calculates and registers, by means of figures, the fare, the distance traveled and/or the time elapsed upon which the fare is based, and which prints a receipt of the passenger.
"Taxicab stand" or "stand"
shall mean a public place alongside the curb of a street or elsewhere in the city, which has been designated by the chief of police as reserved exclusively for the use of taxicabs.
(Ord. 1731 § 1, 2003.; Ord. 2179 § 2, 2019)
A. 
Every person engaging in or carrying on the business of taxicab or auto for hire service, whose company or driver is substantially located within the city (pursuant to California Government Code Section 53075.5(k)(5)), shall pay an annual permit fee as established by resolution of the city council. Required fees shall be paid at the time an application for a permit or renewal thereof is submitted under this chapter.
B. 
Every vehicle permit issued under this chapter shall terminate at the expiration of each calendar year unless revoked prior to said termination. Any renewal of a permit issued under this chapter shall be pursuant to the same requirements, procedures, provisions and regulations set forth in this chapter for an original permit, except as otherwise herein provided. A person holding a taxicab or auto for hire vehicle permit may not drive a taxicab or auto for hire without also possessing a current taxicab or auto for hire driver's permit and otherwise satisfying all requirements of this chapter pertaining to city approval of taxicab and auto for hire drivers. Every taxicab or auto for hire vehicle permittee shall provide written notification to the city manager upon the termination of any taxicab or auto for hire driver possessing a city taxicab or auto for hire driver's permit.
(Ord. 1731 § 1, 2003.; Ord. 2179 § 4, 2019)
Any person desiring to obtain a permit to operate a taxicab service under this part, or to renew a permit, shall submit a written application to the city manager on an application form provided by the city manager. Applications shall be signed under penalty or perjury and shall contain the following:
A. 
The legal name, actual street address and phone number of the applicant. If the applicant is a corporation, the name shall be exactly as set forth in its articles of incorporation. Additionally, the names and addresses of all directors, any stockholder holding ten percent or more of the shares of the corporation, and the name and address of an officer who is duly authorized to accept service of legal process shall be included. A corporate applicant shall also provide a certificate of domestic stock ownership. If the applicant is a partnership, the names and addresses of each general partner shall be stated. If one or more of the partners is a corporation, the provisions of this subsection pertaining to a corporate applicant shall apply. If the applicant is a cooperative, member stock-type operation, service organization, or association, the application shall include the names, addresses and business phone number of each of the officers, directors and each stockholder owning any portion of any stock organization or association as well as the address to which notice, when required, is to be sent or mailed, and the names of every individual authorized to accept service of process on behalf of the applicant. If the automobile for hire or taxicab service is advertised to the public and operates under a name other than the name of the applicant, that name shall be included as well. The applicant shall provide all fictitious business names used in the state of California in the last five years;
B. 
The street address from which the applicant conducts or will conduct the automobile for hire or taxicab service business, as well as the location at which the vehicles will be garaged and where dispatch will be conducted. A person may not use a post office box, mailbox, message service or other similar device as the actual street address of the business for purposes of this chapter. A post office box, mailbox, message service or other similar device can be used as the mailing address of the business for business purposes only;
C. 
The number of vehicles for hire or taxicabs to be operated under the permit and the number of vehicles for hire or taxicabs in the applicant's fleet (the city of Hawthorne requires an overall minimum fleet size of fifteen vehicles for hire or taxicabs); description of vehicle maintenance program to ensure compliance with Section 5.74.110(B)(17) and (18) of this chapter. Description of driver uniforms that are required under this chapter;
D. 
The make, type, year, manufacturer and passenger seating of the vehicles to be used by the applicant, together with evidence satisfactory to the city manager that each taxi or auto for hire proposed to be utilized has been safety inspected within a six-month period or other time period satisfactory to the city manager or chief of police, and otherwise complies in all respects with any and all applicable laws, rules and regulations;
E. 
The proposed color scheme, insignia or other distinguishable characteristics of the taxicab or auto for hire to be used, including the type of illuminated sign to be mounted on the top of the vehicle, if any, and legend thereon;
F. 
It is unlawful to operate any taxicab, as defined in the Hawthorne Municipal Code, unless there shall be filed with the city clerk, evidence satisfactory to the city manager or director of licensing and code enforcement of have procured public liability insurance which will insure and indemnify the applicant and the passengers riding in the taxicab against liability or financial loss resulting from injury occurring to persons or passengers from the operation of such vehicles in an amount not less than five hundred thousand dollars for bodily injury to any person, one million dollars for any one accident, and five hundred thousand dollars for any property damage.
1. 
The policy insurer must be either a carrier licensed by the state of California to sell commercial automobile liability in the state of California and be an admitted carrier member of the California Insurance Guarantee Fund, or maintain an AM Best rating of "A" or better for non-admitted carriers (with proof of licensing or rating to be provided by applicant,) and/or a liability insurance policy which otherwise meets the approval of the city attorney.
2. 
The policy shall be primary and not contributing to any other insurance maintained by the city.
3. 
The policy shall name the city, the city council, its officers, agents, and employees as additional insureds.
4. 
The policy shall provide the city manager or city attorney with thirty days prior notice of any cancellation or modification of the policy.
5. 
As a condition of the permit, the permittee agrees to indemnify, defend, and hold harmless the city, its agents, officers and employees from and against any and all liability, expense, including defense costs and legal fees and claims for damages of any nature whatsoever, including but not limited to, bodily injury, death, personal injury, or property damage arising from or connected with the permittee's activities, including any worker's compensation suits, liability or expense, arising from or connected with services performed by or on behalf of the permittee by any person pursuant to this permit.
G. 
Legal and registered ownership of the vehicles to be used by the applicant;
H. 
Prior experience of the applicant in the auto for hire or taxicab business including the details of any prior denial, revocation or suspension by any public agency of any type of taxicab service or taxicab driving permit, license or certificate;
I. 
The names of each driver to be employed who will operate a taxicab or auto for hire in the city and a copy of any and all current licenses of each driver necessary to operate a taxicab or auto for hire;
J. 
A statement by the applicant that no driver employed or to be employed has been convicted of driving a vehicle recklessly or driving under the influence of alcohol or drugs within the previous five years;
K. 
Rates to be charged to the public throughout term of any permit issued;
L. 
Unless otherwise provided by law, (e.g., driver is employee as opposed to independent contractor), evidence that the applicant has procured workers compensation insurance covering any and all drivers to be employed by the applicant should a taxicab service permit be issued;
M. 
Evidence satisfactory to the city manager establishing the applicant has compiled and currently complies with the provisions of California Government Code Section 53075.5, or any successor provision thereto, pertaining to pre-employment and periodic testing of drivers for controlled substances and alcohol, and with provisions therein pertaining to payment for drug and alcohol testing programs and related reporting requirements. The applicant shall also provide evidence satisfactory to the city manager that each driver to be utilized in the city has tested negative for drugs and alcohol no more than one month prior to employment or within the previous six months, whichever is later;
N. 
The names, addresses and telephone numbers of no less than two individuals who may be contacted twenty-four hours a day, seven days a week by the city in case of an emergency;
O. 
An explanation of how the permittee will provide service to people with disabilities which make it difficult to use conventional taxicabs.;
P. 
Such further information pertinent to the operation of the proposed taxicab or automobile for hire service, including, but not limited to the business backgrounds of the officers and directors, certified business financial statements, and lease agreements as either the city manager or the police chief may require.
(Ord. 1731 § 1, 2003)
Upon the furnishing of all of the information required by Section 5.74.050 and payment of the required fee, the city manager and/or his designee shall determine whether or not the applicant has satisfied all requirements of this chapter. The city manager and/or designee may initiate an investigation of the facts for each application with the appropriate city or county agencies including, but not limited to the city's police department and/or other law enforcement agencies and bureaus. If the city manager and/or his designee finds that all requirements of this part have been satisfied, an annual taxicab service or auto for hire service permit shall be issued. The permit shall be deemed to authorize use of only those drivers and taxicabs/automobiles described in the application.
An application which is not complete shall be returned to the applicant along with a list of the deficiencies. The application shall be deemed abandoned if, within fourteen calendar days from the first class mailing of any notice from the city, the application is not received by the city with all of its defects entirely corrected.
A taxicab or auto for hire driver's permit shall be issued to each qualified driver listed in the taxicab or auto for hire service application and to each qualified driver subsequently listed with the city by the taxicab or auto for hire service applicant. Such permit shall be valid so long as the driver continues to satisfy all requirements of this chapter and the driver's taxicab or auto for hire service employer maintains a current taxicab or auto for hire service, or until the taxicab or auto for hire driver's permit may be revoked as provided herein.
Different drivers may be utilized by a permitted taxicab or auto for hire service provided all driver information required as part of the taxicab or auto for hire service permit application process is provided to the city manager in writing at least ten days prior to such driver commencing to operate any taxicab or auto for hire in the city. Use of any additional or different taxicab or auto for hire drivers shall require city's prior written consent. Any applicant denied a taxi cab or auto for hire service permit, or renewal of same, shall be notified in writing of such denial and the grounds upon which such denial is based.
(Ord. 1731 § 1, 2003)
The following are grounds for denial or permit, denial of renewal of permit or revocation/suspension of taxicab or automobile for hire service permit.
A. 
Failure to maintain fleet minimum of fifteen vehicles and/or failure to maintain any vehicles in fleet in good and safe order and in compliance with all laws;
B. 
Any knowingly false, misleading or fraudulent statement made on an application submitted under this part;
C. 
Failure to pay any permit, license or inspection fees as required under this chapter and or failure to comply with all requirements of this chapter;
D. 
Repeated and persistent violations by the permittee or the permittee's drivers of the traffic laws of the city, county or state, including but not limited to California Government Code Sections 53075.6 and 53075.61;
E. 
Employment of a driver providing taxicab or auto for hire services within the city who does not have a valid taxicab or auto for hire driver's permit or renewal thereof issued pursuant to this chapter.
F. 
Employment of a driver providing taxicab or automobile for hire services within the city who does not have a valid California driver's license as required by law;
G. 
Repeated and persistent poor safety record, and/or a record of complaints, with respect to the operation of the automobile for hire or taxicab service within the city or other operating areas outside the city;
H. 
Charging rates in excess of the amounts stated in the permit application;
I. 
Failure to procure, post or maintain in effect approved comprehensive automobile liability insurance as required under Section 5.74.050(F) of this chapter. A temporary lapse in insurance coverage may result in immediate suspension pursuant to Section 5.74.160 below. Repeated or continued failure to maintain the insurance required under this chapter will result in revocation pursuant to Section 5.74.170;
J. 
The applicant has a criminal record, or is under the age of eighteen years, or is not a citizen of the United States or who has not filed a petition for naturalization or who has no legal right to work in this country, or who has received three or more moving traffic violations in any one year occurring during the preceding five-year period;
K. 
Commission, by either an applicant, his or her agent or employee, or any person connected or associated with the applicant as a partner, director, officer, stockholder, associate or manager, of a crime involving moral turpitude which is substantially related to the business activity for which the permit or license is sought or issued;
L. 
Registered as a sex offender pursuant to California Penal Code Section 290;
M. 
Served or is on formal probation or parole for any offense in this section;
N. 
Imparting information for obtaining narcotics; or a conviction (or plea of guilty or nolo contendere) in any state for any of the following: murder; robbery; pandering; pimping; crimes related to the sale or transportation of controlled substances; crimes involving the use of a weapon; offenses set forth in Sections 20001, 22351, 23102 and/or 23103 of the Vehicle code of the state of California and amendments thereto, or any combination of either or any of said offenses; or any other offense involving moral turpitude or any crime that is substantially related to the qualifications, functions or responsibilities of a taxicab or auto for hire driver;
O. 
A conviction (or plea of guilty or nolo contendere) in any state for a felony other than those listed in the previous subsection within eight years of application; or
P. 
Any conviction (or plea of guilty or nolo contendere) within five years of application in any state or any final administrative determination of a violation of any statute, ordinance, or regulation reasonably and rationally pertaining to the same or similar business operation which would have resulted in suspension or revocation of a driver's permit or license under this ordinance;
Q. 
Failure to comply with all applicable health, zoning, fire, building and safety laws of the state of California and the city for buildings, structures, premises or equipment located within the city and used to conduct the automobile for hire or taxicab service activity;
R. 
Commission or assistance in the commission, by either an applicant, his or her agent or employee, or any person connected or associated with the applicant as a partner, director, officer, stockholder, associate or manager, of any act or act of omission which would be grounds for disciplinary action pursuant to this chapter;
S. 
Resulting detriment to the public health, safety or welfare due to the establishment of the automobile for hire or taxicab service;
T. 
Violation by the applicant, or any of his or her employees or agents, of any rule or regulation adopted by any governmental entity with respect to the applicant's operation of an automobile for hire or taxicab service either within the city or in other operating areas.
(Ord. 1731 § 1, 2003)
No taxicab driver's license shall be issued until the applicant has been fingerprinted by the police department or another public agency, provided, however, the chief of police services may waive the requirements of this section if the chief of police finds that another public agency has recently obtained this information and that it is available to the city.
(Ord. 1731 § 1, 2003)
A. 
Right to Condition Permit. The city manager and/or chief of police and/or director of licensing and code enforcement may condition any permit at any time in order to ensure that the automobile for hire or taxicab operation will comport with the pubic health, safety, and welfare. Further, the city manager and/or chief of police and/or director of licensing and code enforcement may condition such permit where it finds that grounds for denial or revocation of the permit exist or that the manner in which the business has been conducted or operated is detrimental to the public health, safety and welfare. The permittee shall sign an affidavit affirming his or her acceptance of the conditions.
B. 
Application to Change Conditions. The city manager and/or chief of police and/or director of licensing and code enforcement may change, modify or eliminate any conditions previously placed on the permit upon its own motion or upon written request of the permittee if it finds that the reasons for the original imposition of such conditions have been cured or no longer exist.
(Ord. 1731 § 1, 2003)
Every taxicab and auto for hire driver and/or service operator, who have been licensed and or permitted by the city to conduct a taxicab or auto for hire service, shall be jointly and severally responsible for all of the following requirements.
A. 
Each taxicab and auto for hire service operator:
1. 
Shall maintain, at all times in full force and effect, insurance as required by Section 5.74.250(F) of this chapter.
2. 
Shall maintain, at all times, a valid business license to operate a taxicab or automobile for hire service within the city of Hawthorne.
3. 
Display at all times on each taxicab or vehicle for hire operating within the city of Hawthorne a valid taxicab or vehicle for hire identification decal issued by either the director of licensing and code enforcement and/or the chief of police. The identification decal must be permanently affixed to the lower left corner of the rear windshield of the vehicle so that it is clearly visible from the outside of the vehicle. If, because of the presence of other stickers or decals required by law, the decal cannot be affixed on the lower left corner of the rear windshield; the decal must be attached to the vehicle in a conspicuous location, as close as possible to the lower left corner of the rear windshield.
4. 
Submit DMV Pull Notice Program Requestor Code Number, as defined in Vehicle Code Section 1808.1 issued to the applicant.
5. 
Submit records of any convictions in any court in any State of the United States or in any U.S. Court with respect to any owner, director, officer, employee or driver with independent contractor status.
B. 
Each taxicab and auto for hire driver:
1. 
Shall keep an accurate, legible record and/or manifest of all passengers carried, the pick up and drop off points, amount of fare collected, date and time of entry and the date and time carried. This record shall be available upon reasonable advanced written notice for up to one year for review by the city manager and/or the chief of police. The falsifying of any manifest by an owner or by a driver shall be grounds for revocation of the owner's certificate and/or permit.
2. 
Shall not, when otherwise available for hire, refuse to transport anyone requesting a ride except under the following circumstances.
a. 
The transportation requested is such that the driver may not legally accept such passenger;
b. 
The driver has reasonable cause to believe that the proposed passenger will refuse to pay or cannot pay the fare; or
c. 
The proposed passenger is disorderly, engaged in the commission of any crime, or is otherwise unfit to be transported as a passenger.
3. 
Shall wear a photo I.D. badge identifying the driver's association with a permitted taxicab or auto for hire service;
4. 
Shall keep the taxicab or auto for hire in good mechanical condition and in compliance with any and all applicable rules and regulations;
5. 
Shall charge only those rates as submitted on the application or such rates as have been approved by the city manager in writing;
6. 
Shall display in full view of passengers in both the front and the rear seat, in letters and figures which are clearly legible and not less than one-quarter inch high (1) a schedule of rates to be charged and (2) a notice that a schedule of customary rates from the city's major points of interest is available upon request. The schedules shall have printed thereon the name of the taxicab or auto for hire permittee under which the taxicab or auto for hire is permitted to operate and the business address and telephone number where comments or complaints regarding the taxicab or auto for hire service may be directed;
7. 
Shall keep the taxicab or auto for hire vehicle in a clean and sanitary condition;
8. 
Shall participate in periodic testing for controlled substances and alcohol, shall report the results thereof as specified in Government Code Section 53075.5, shall test negative for drugs and/or alcohol as required in said code section, and shall carry in his or her vehicle a certificate of compliance with the provisions described in this subsection;
9. 
Shall not permit any person to operate a taxicab unless such person is authorized to operate a taxicab pursuant to this part;
10. 
Shall not stop for or accept any passenger except at such areas as may be authorized by the city; or where the taxicab or auto for hire driver has driven a passenger to a particular location and is waiting for such passenger; or when picking up a passenger who has contacted the taxicab or auto for hire driver's employer and requested taxicab or auto for hire service;
11. 
Shall drive passengers to their point of destination by the most direct practical route, unless specifically directed otherwise by such passengers;
12. 
Shall, when engaged, provide current passengers with exclusive right to use of the passenger compartment, without picking up additional passengers, unless otherwise expressly permitted by the city;
13. 
Shall immediately report the fact of any revocation of any permit required to operate a taxicab or auto for hire within the city;
14. 
Shall surrender the taxicab or auto for hire driver's permit to the city if no longer employed by a city permitted taxicab or auto for hire service;
15. 
Ensure that each driver operating within the city maintains a valid California driver's license at all times;
16. 
Perform a yearly inspection of each vehicle operating within the city as part of his or her vehicle for hire or taxicab service. The inspection must be made by a certified mechanic or automotive repair dealer. Inspection records, signed by the mechanic or repair dealer, must be maintained in the business office of the service operator attesting that the vehicle has been inspected and is in good working order.
a. 
Things deemed to make a taxicab unsafe or unsuitable:
i. 
Excessive leakage of oil, grease, gas or any other substances from any part of the taxicab.
ii. 
The failure of any movable parts of the car, including doors, windows, hoods, trunk lights, etc., to function in the proper working order.
iii. 
Failure to maintain the tires, lights, turning signals or brakes in good and safe operating condition.
iv. 
Failure to maintain the motor and other mechanical parts of the car in good and safe operating condition.
v. 
Failure to maintain seatbelts for use by passengers in safe operating condition.
vi. 
The failure to have an adequate exhaust system, that complies with state law, properly installed and in good working condition.
vii. 
The existence of large or excessive dents, scrapes or scratches in the body of the taxicab.
viii. 
Improper maintenance of exterior paint, in the proper color scheme.
ix. 
The existence of excessive wear and tear on the upholstery, floor mats and other parts of the interior of the taxicab.
x. 
Failure to have adequate interior lighting in proper working condition.
17. 
Permit any police officer of the city, upon reasonable request, to inspect or thoroughly examine any taxicab or vehicle for.
18. 
No taxicab or automobile for hire shall be more than five years old. In addition, the following equipment standards are the joint and several responsibility of both the taxicab/automobile for hire driver and operator:
a. 
Automobiles for hire and taxicab equipment:
i. 
A trunk device which will permit the opening of the trunk lid from the inside of the trunk;
ii. 
A permanent fixture to display the taxicab or auto for hire driver's in prominent view of the passengers;
iii. 
Prominent signs giving the name and telephone number of the taxicab or auto for hire permittee and the taxicab or auto for hire number on the sides of the vehicle. The taxicab or auto for hire number shall also be conspicuously displayed on the rear portion and inside the vehicle;
iv. 
No fewer than four working doors, except that handicapped accessible mini-van may be used;
v. 
A fire extinguisher;
vi. 
Four flares;
vii. 
At least two emergency reflectors;
viii. 
Spare tire and jack;
ix. 
Windows which patrons can open from inside; and
x. 
Working headlights, taillights, turn signals, back-up lights, and brake lights, including the "cyclops" or third brake light.
b. 
Taxicab equipment. In addition to the equipment requirements of subsection (1) above, every taxicab into which passengers are accepted for transportation within the city shall have the following equipment:
i. 
A printing taximeter, as defined in this chapter; and
ii. 
A radio transmitter and receiver capable of two way communication with a dispatcher.
c. 
Prohibited Equipment. No automobile for hire or taxicab shall be equipped with scanners or other devices which can be used to intercept radio signals and dispatchers sent to specific destinations.
d. 
Equipment Waiver Conditions. Notwithstanding the provisions of the chapter, the city manager/chief of police/director of licensing and code enforcement, may waive any equipment requirements upon a showing of good cause by an applicant or permittee. Such waiver shall be specified on the permittee's permit and any applicable vehicle permit.
e. 
The taxicab or auto for hire driver's permit of any taxicab or auto for hire driver found to have violated any provision of this chapter, may be revoked as provided herein.
(Ord. 1731 § 1, 2003)
A. 
At its discretion, the city council may permit the city manager to locate, designate, and approve taxicab stands which shall be available for the exclusive use of city approved taxicabs;
B. 
Such stands, and any stands subsequently authorized, shall be marked with white paint along the entire surface of the curb, with the words "Taxicab Only" in black letters thereon. No stand shall be wider than fourteen feet where angle parking is permitted, or twenty feet where parallel parking is permitted.
C. 
Established taxicab stands shall be in operation twenty four hours of every day, unless otherwise provided by the city manager; and,
D. 
No taxicab shall remain standing unless it is attended by a driver, except when necessary to assist passengers in loading or unloading.
(Ord. 1731 § 1, 2003)
Upon the issuance of a permit to engage in taxicab business or upon the granting of an application to change the location of a taxicab stand or add a stand, the department of licensing and code enforcement shall furnish the chief of police with the name and address of the permittee, and a list of the street locations designated by the city manager/chief of police for use as taxicab stands. The chief of police shall prepare, mark and maintain such stands and shall collect from the permittee the cost thereof.
(Ord. 1731 § 1, 2003)
Any permittee hereunder may apply to the city council for a change in the location of any taxicab stand or for the use of additional taxicab stands. Such application shall be filed with the department of licensing and code enforcement and referred to the city manager and shall set forth the proposed new location, shall be accompanied by an application fee to be established by resolution for each stand to be relocated, and shall have attached thereto the written consent of all persons owning, leasing or occupying the ground floor or surface of any premises or property within a one-hundred foot proximity of the proposed stand. Such application shall include a request and agreement on the part of the applicant that the city mark and otherwise prepare and maintain such location for use as a taxicab stand at the applicant's expense, such cost to be paid by the applicant immediately upon being billed therefor by the city.
(Ord. 1731 § 1, 2003)
A. 
Except as otherwise provided by law, each taxicab shall be equipped with a taximeter that has been inspected and certified by the county division of weights and measures. Each taximeter shall have affixed to it written or other evidence that such taximeter has been so inspected and is currently certified.
B. 
Except as otherwise provided by law, it is unlawful for any person operating a taxicab to operate such vehicle unless it has approved rates conspicuously posted for passenger observation, and unless it is equipped with a taximeter of such type and design as approved by a county division of weights and measures. It shall be the duty of every permittee hereunder using any taximeter to keep such meter accurate at all times. Such meters shall be subject to inspection from time to time by any police officer of the city or any authorized inspector delegated to this purpose. Upon the discovery of any inaccuracy of a taximeter, the permittee shall remove or cause to be removed any vehicle equipped with such taximeter from the streets of the city until such taximeter has been correctly adjusted and certified by the county division of weights and measures.
(Ord. 1731 § 1, 2003)
A. 
Any permit described under this chapter may be immediately suspended, by the police department, city manager or licensing department, if deemed necessary due to an immediate threat to the public health, safety or welfare, or a lack of insurance as required by this chapter. Repeated failure to maintain insurance as required by this chapter will result in revocation pursuant to Section. 5.74.170.
B. 
Any suspension pursuant to this section shall not exceed twenty-five days pending a hearing in a manner consistent with Section 5.74.170 of this chapter.
(Ord. 1731 § 1, 2003)
In the event the city manager and/or the chief of police and/or the director of licensing and code enforcement has reasonable cause to believe that grounds exist to revoke any permit issued hereunder as provided herein, a written notice of intent to revoke shall be served by first-class mail upon the permit holder. Unless timely appealed, the revocation shall be effective as of midnight on the date specified in the notice which shall not be less than twenty-one calendar days from the date that notice was sent by first-class mail.
The notice shall state the grounds for revocation and shall be served upon the permittee by delivering the same personally or by mailing by first-class mail addressed to the permittee at his or her place of business or residence. Any taxicab or auto for hire service operator or driver having a permit revoked shall not be eligible to apply for another permit for one year after the effective date of such revocation.
The city manager, at his or her discretion may, instead of revocation provide a permit holder with an opportunity to cure certain violations, or may place certain conditions on the permit as provided for in Section 5.74.090 of this chapter.
(Ord. 1731 § 1, 2003)
Any person aggrieved or feeling aggrieved by any decision, ruling, act, either of commission or omission, of or on the part of the department of licensing and code enforcement or chief or police relating to the issuance, denial, revocation of any permit pursuant to Chapter 5.74 of the Hawthorne Municipal Code, or by any notice, order or warning giving or served by the department of licensing and code enforcement or chief of police shall have the right to appeal to the city manager and or his/her designee. Thereafter, any person aggrieved or feeling aggrieved by the decision, ruling or act of the city manager and/or his/her designee shall have the right to appeal to the business licensing board and the decision of the business licensing board on the subjects, matters or things constituting the basis or reason for any such appeal, after ten days notice to the aggrieved person, shall be final and conclusive unless appealed to the city council.
(Ord. 1731 § 1, 2003)
The business licensing board shall be composed of the chief of police, the director of licensing and code enforcement and the city manager.
A. 
The chief of police may designate an officer of the rank of sergeant or higher to serve in his/her place and stead.
B. 
The director of licensing and code enforcement may designate an assistant or code enforcement officer to serve in his/her place and stead.
C. 
The city manager may designate a city department head (defined as a range thirty-five or higher in the executive group MOU) to serve in his/her place and stead.
Notwithstanding the above, members of the business licensing board shall be selected in a manner that avoids the potential for pecuniary or other bias and in no event shall the enforcement official who denied or revoked a permit or who issued an administrative citation be a member of the business licensing board. The city manager may develop a written policy for the selection of these hearing officers.
(Ord. 1731 § 1, 2003.; Ord. 1816 § 6, 2005)
The business licensing board is hereby created to review actions of the business license department in the following cases involving regulation of taxicabs and/or automobiles for hire.
A. 
When a taxicab or automobile for hire license or permit is denied by the department of licensing and code enforcement.
B. 
All such other decision, ruling act on the part of the department of licensing and code enforcement pertaining to the taxi cab and/or automobile for hire regulations.
C. 
All matters pertaining to the revocation and suspension of taxicab and/or automobile for hire operator/driver's permits and/or licenses shall be referred to the business licensing board for hearing and findings.
(Ord. 1731 § 1, 2003)
Any person requesting review of any decision or order of the business licensing board (as delineated in Section 5.74.173) shall be entitled to a hearing before the business licensing board upon the filing of a written request therefor with the director of licensing and code enforcement. Persons entitled to request a hearing before the business licensing board are any members of the public and/or the business license applicant affected by any decision or administrative ruling of the business license department. The business licensing board shall hold such hearing not later than thirty business days after receipt of such a request for a hearing, unless an extension of time therefor is requested by the applicant.
(Ord. 1731 § 1, 2003)
Any person aggrieved by any decision or administrative ruling of the business licensing board, shall be required to comply with the appeals procedure of this section. Compliance with this section shall be a prerequisite to a suit thereon. [See Government Code Section 935(b).]
A. 
All appeals shall be made to the city council within twenty-one days of any adverse decision by the business licensing board. The notice of appeal to city council shall be filed with the city clerk twenty-one days after notice of the adverse decision by the business licensing board is sent by first-class mail. Appeal to the city council shall be a prerequisite to a suit thereon.
B. 
The matter shall be set for hearing no more than forty days from the receipt of a timely notice of appeal. The appellant shall be served with notice of the time and place of the hearing by first-class mail to their business or residence address, as well as any relevant materials, at least seven calendar days prior to the hearing. The hearing may be continued from time to time upon mutual consent between the appellant and the city. At the time of the hearing, the appealing party, the business licensing board, and any other interested person may present such relevant evidence as he or she may have relating to the determination from which the appeal is taken.
C. 
Based upon the submission of such evidence and the review of the city's files, the city council shall issue a written notice and order upholding, modifying or reversing the determination from which the appeal is taken. The notice shall be given within twenty-one days after the conclusion of the hearing and shall state the reasons for the decision. The notice shall specify that the decision is final and that any petition for judicial review shall be filed within ninety days from the date of the decision in accordance with Code of Civil Procedure Section 1094.6.
D. 
Failure of city council to act on appeal constitutes a denial. If the city council fails or refuses to act on the appeal upon receipt of notice therein, either by failure to set a hearing or failure to issue a written notice and order upholding, modifying or reversing the determination from which the appeal is taken as specified in Section 5.74.175 within forty-five days, the appeal from the decision of the business licensing board shall be deemed to have been denied by the city council on the forty-fifth day.
(Ord. 1731 § 1, 2003)
Application for a taxicab driver's license shall be signed by the applicant and his employer, shall have affixed thereto three recent photographs of applicant, taken within one year preceding the filing of the application, and shall set forth the applicant's name, age, residence, last previous address, the length of residence in each place, a brief description of the vehicle which he proposes to drive, and the names and addresses of two residents of the city who are acquainted with him, provided however, the requirements set forth herein may be waived in part or in whole by the chief of police services if he finds that another public agency has recently obtained this information and that it is available to the city.
(Ord. 1731 § 1, 2003)
The police chief or his agents of the city of Hawthorne is given the authority and is instructed to watch and observe the conduct of holders and drivers operating under this chapter. Upon discovering a violation of any section of this code, the police chief or his agents shall report same to the city manager and/or director of licensing and code enforcement and initiate appropriate action.
(Ord. 1731 § 1, 2003)
Applications for a taxicab driver's license shall be referred to the chief of police services for approval. No such application shall be approved if:
A. 
The applicant has a criminal record, or is under the age of eighteen years, or is not sufficiently acquainted with the provisions of this chapter, or who has received three or more moving traffic violations in any one year occurring during the preceding five-year period;
B. 
The applicant does not have a valid operator's license issued by the State Department of Motor Vehicles;
C. 
The application is not under oath;
D. 
Any false material statement appears in the application.
(Ord. 1731 § 1, 2003)
The chief of police of Hawthorne or any member of the police department under his direction shall have the right, upon reasonable request, to enter into or upon any taxicab for the purpose of ascertaining whether or not any of the provisions set forth herein are being violated.
(Ord. 1731 § 1, 2003)
Any taxicab which is found by the chief of police or his agents, after such inspection, to be unsafe or in any way unsuitable for taxicab service shall be immediately ordered out of service, and before again being placed in service owner shall obtain written authorization from the traffic sergeant of Hawthorne police department for said vehicle.
(Ord. 1731 § 1, 2003)
No taxicab driver's license shall be issued until the applicant has been fingerprinted by the police department or other police or public agency approved by the chief of police, provided, however, the chief of police services may waive the requirements of this section if the chief of police services finds that another public agency has recently obtained this information and that it is available to the city.
(Ord. 1731 § 1, 2003)
Each taxicab driver's license shall be in force and effect only while the holder thereof is employed as a taxicab driver. The name of the driver's employer shall be shown on the license, and it shall be the duty of such employer to notify the chief of police should such employment be terminated. If the driver wishes to drive a taxicab for another employer, he must pay an application fee in an amount established by resolution in applying for such transfer, and obtain the approval of chief of police, but he may drive for such other employer pending such approval. Application for such transfer must be signed by the new employer.
(Ord. 1731 § 1, 2003)
No person shall drive or operate any taxicab in the city unless there is on file with the director of licensing and code enforcement and maintained in full force and effect at all times while such taxicab is being so driven or operated, a policy of insurance as required by Section 5.74.050(F).
(Ord. 1731 § 1, 2003)
Each taxicab shall bear on the outside of each front or rear door, in painted letters, not less than two and one-quarter inches in height and not less than five-sixteenths of an inch stroke, the name of the owner or the fictitious name under which he operates, his telephone number and the license number of such taxicab; and, in addition, each taxicab shall bear the color scheme, name, monogram or insignia for such vehicle. It is unlawful for any person to change such color scheme, name, monogram or insignia of a taxicab without first obtaining the approval of the city manager and/or chief of police and/or director of licensing and code enforcement to such change.
(Ord. 1731 § 1, 2003)
Each taxicab shall be kept in a safe, clean and sanitary condition. No person shall drive or operate such vehicle while it or any equipment used therein or in connection therewith is defective.
(Ord. 1731 § 1, 2003)
Each taxicab shall be equipped with a light of sufficient candlepower, so arranged as to illuminate the whole interior thereof back of the driver's seat when the rear door of such vehicle is open, and with a speedometer of standard make in good working order and placed so as to be in full view of any person sitting on the same seat with the driver of the taxicab.
(Ord. 1731 § 1, 2003)
No driver or operator of a taxicab shall charge a greater sum for the use of such vehicle than in accordance with the rate schedule as set forth in its application for permit/license to operate either a taxi cab or automobile for hire.
(Ord. 1731 § 1, 2003)
Whenever any taxicab is occupied by a passenger, or passengers, the driver shall not permit any other person to occupy, or ride, in said taxicab, except at the specific request of, and originating with, the original passenger or passengers.
(Ord. 1731 § 1, 2003)
It is unlawful for any taxicab to remain unattended at any place (including, but not limited to parking lots and/or center median of Hawthorne Boulevard) other than at a duly designated taxicab stand. It is also unlawful for any taxicab to remain unattended in a designated taxicab stand for a period of time longer than five minutes, except when the chief of police grants, in his sole discretion upon written request a temporary waiver which would permit unattended parking in a stand for a longer period of time.
(Ord. 1731 § 1, 2003)
No driver shall deceive, or attempt to deceive any passengers who may ride in his taxicab as to his destination, or the rate of fare to be charged, or cause him to be conveyed to a place other than directed by him.
(Ord. 1731 § 1, 2003)